• 


. 


THE 


REBELLION    RECORD: 


g  «{  Jtotmaii  (frrarts, 


WITH 


DOCUMENTS,    NARRATIVES,    ILLUSTRATIVE    INCIDENTS, 

POETRY,    ETC. 


EDITED    BT 

FRANK   MOORE, 

AUTHOR  OF  "DIARY  OP  THE  AMERICAN  REYOLUTIOM. 


SUPPLEMENT-FIRST  VOLUME. 


WITH    TWELYE    PORTRAITS    ON    STEEL,    AND    VARIOUS   MAPS    AND    DIAGRAMS, 


NEW  YORK: 

I>.    VAN     NOSTRAND,    PUBLISHER, 

23  MURRAY  ST.  AND  27  WARREN  ST. 

1871. 


ENTERED,  according  to  Act  of  Congress,  in  the  year  1864  by 

O.  P.  PUTNAM, 

to  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Southern  District  of 

New-York. 


ci 


NOTE. 

THIS  Volume  contains  important  Official  Reports,  Narratives  and  State 
Papers,  both  National  and  Eebel,  which  the  Editor  was  unable  to  obtain 
for  publication  in  the  regular  issues  of  the  REBELLION  RECORD.  The 
propriety  of  preserving  them  as  a  Supplement  to  the  work  will  be 
acknowledged  by  the  reader  of  the  History  of  these  eventful  times. 

NEW- YORK,  May  1864. 


REBELLION    RECORD. 


CONTENTS    OF    FIRST    VOLUME,    SUPPLEMENT. 


DOC.    PAGE 

1.  77ie  Speech  of  John  Bright.     Dec.  4,  1861, .       1 

London  "  Times  "  on  the  Speech, 12 

2.  The  United  States  and  England — their  Inter 

national    Spirit.     By  Joseph  P.  Thomp 
son,  D.D., 14 

3.  Confederate    Sequestration    Act,    approved 

August  30,  1861, 19 

4.  Forts  Taylor  and  Jefferson  —  How  they  were 

Saved.     By  Delavan  Bloodgood, 23 

6.  Mass    Meeting  at   Irving    Hall,  New- York, 

September  10,  1861, 25 

Speech  of  Joseph  Holt, 26 

Speech  of  Wm.  Curtis  Noyes, 30 

6.  TJie  Pursuit  of  General  Garnett  in  Virginia, 

August,  1861, 32 

General  Hill's  Reports, 32 

Colonel  Morton's  Report, 36 

Major  Lamison's        "       37 

Colonel  Andrew's      "       37 

Private  Dobbs's         "       38 

Colonel  Irvine's        "       38 

Colonel  Dupuy's       " 39 

Captain  Keys's          " 39 

Adjutant  Marshall's  "       40 

7.  The  Rebellion  —  Its  Origin  and  Mainspring. 

By  Charles  Sumner, 42 

8.  TJie  Portuguese  Declaration  in  reference  to 

Privateering, 64 

9.  Address  of  Isaac  N.  Shambaugh  to  the  Peo 

ple  of  De  Kalb  County,  Mo., 64 

1 10.  Birth  and  Death  of  Nations  —  a  Thought  for  \ 
the  Crisis.     By  James  McKaye, 55 

11.  Are  Southern  Privateersmen  Pirates?  —  A 

Letter  to  Ira  Harris.     By  Charles  P.  Daly, 
LL.D., 64 

12.  The  Battle  of  Mauassas,  Va.  —  General  Beau- 

regard's  Report 68 

13.  Neutrality  of  Hawaii— Proclamation  of  Ka- 

mehameha  IV., 80 

14.  The   United  States  and  Russia  —  Neutrality 

Correspondence, 81 

15.  Neutrality    Proclamation   of  the  Queen    of 

Spain, 82 

16.  The  United  States  and  Prussia— The  Rela 

tions  between, 82 


23. 
2-1. 

25. 
26. 

27. 
28. 
29. 

30. 
31. 

32. 
33. 
34. 
35. 


DOC.    PAGB 

Speech  of  Daniel  S.  Dickinson  at  Tunk- 
hannock,  Pa., 83 

The  Exchange  of  Prisoners  during  the  Ame 
rican  Revolution.  By  George  Bancroft, . .  90 

Speech  of  John  S.  Carlile,  delivered  in  the 
Virginia  State  Convention  March  7,  1861,  92 

Peace  in  Missouri — Agreement  between 
Generals  Harney  and  Price,  May,  1861,  ..  107 

Texas  Treason.  By  Maj.  J.  T.  Sprague,  U.S.A.,   109 

Addresses    Delivered     before    the    Virginia 

State  Convention,  February,  1861, 140 

Address  of  Fulton  Anderson, 143 

"  Henry  L.  Benning, 148 

"  John  S.  Preston, 156 

Secession  in  Kentucky  —  Declaration  of  Inde 
pendence  and  Ordinance  of  Separation 
Passed  November  20,  1 861, 164 

The  Union  Party  in  Maryland  —  Addresses 
of  the  Union  State  Central  Committee,  Oc 
tober,  1861, 165 

New-Mexico — Governor  Connolly's  Proclama 
tion  organizing  the  Militia, 170 

Address  of  Henry  Winter  Davis  at  Balti 
more,  October  16,  1861, 170 

Battle  of  Carnifex  Ferry,  Va.  —  Report  of 
John  B.  Floyd, 184 

"Personal  Liberty  Laws"  —  Letttv  from 
Charles  D.  Drake  of  Mo., 185 

Speech  of  Elisha  R.  Potter  in  the  Senate  of 

Rhode  Island,  August  10,  1861, 187 

Note  on  the  Blockade, 191 

The  Capture  of  Port  Royal,  S.  C.  —  Rebel 

Official  Reports, 192 

Southern  Rights  Association  of  St.  Helena 
Parish,  S.  C.— Minutes  of  the  Proceedings,  197 

Constitution  of, 1<)7 

List  of  Members  of, 20^, 


Speech  of  Carl  Schurz  at  New- York,  March 


6,  1862, 

Secession  in  New-Mexico  —  Address  of  Mr. 
Otero, 212 

Southern  Sequestration  —  The  Act  of  the 
Rebel  Congress, 213 

TJie  Bombardment  of  Galveston,  Texas — Of 
ficial  Reports, 214 


IT 


CONTENTS  OF  FIRST  VOLUME,  SUPPLEMENT. 


DOC.    PAGE 

86.  Battle  of  Belraont,  Mo. — Flag-Officer  Foote's 

Report, 216 

87.  The  Keys  of  the  Gulf —  A  Letter  on  the 

Saving  of  Fort  Jefferson, 216 

38.  T7te   Contest  in  America,     By  John  Stuart 

Mill 217 

S8|.   Catholics    in    Massachusetts    Regiments  — 

Governor  Andrew's  Order, 224 

39.  Letter  of  Joseph  Segar,  to  a  friend  in  Vir 

ginia,  in  Vindication  of  his  course  in  de 
clining  to  follow  his  State  into  Secession, .  225 

40.  Alabama  —  Governor   Shorter's   Proclama 

tions  March  1  and  6,  1862, 243 

41.  The  Seven  Days'  Contests,  June  25-July  1, 

1862— Cologne  "  Gazette"  Account, 245 

42.  Lutfteran   General   Synod,  Resolutions   on 

the  War, 252 

43.  Pastoral  Letter  from  the  Bishops  of  the 

Protestant  Episcopal  Church  to  the  Clergy 
and  Laity  of  the  Church  in  the  Confede 
rate  States  of  America,  Nov.  22,  1862,. . .  253 

44.  Battle  of  Pittsburgh  Landing : 

General  B.  M.  Prentiss's  Report, 257 

Colonel  J.  L.  Geddes's        "        259 

Colonel  W.  S.  Smith's         "        260 

Colonel  John  M.  Thayer's   "       261 

Colonel  D.  Stuart's  "        262 

45.  General  W.  F.  Barry's  Report  of  Artillery 

Operations  at  the  Siege  of  Yorktown,  April 
and  May,  1862, 264 

46.  An  Act  for  Enrolling  and  calling  out  the 

National  Forces— Passed  February,  1863,.   270 

47.  Battle  of  Glendale,  Va. : 

General  Heintzelman's  Report, 274 

48.  Batik  of  Malvern  Hill,  Va. : 

General  Heintzelman's  Report, 277 

49.  Report  of  Judge-Advocate  Joseph  Holt  on 

the  Expedition  to  destroy  the   Georgia 

State  Railroad, 279 

Deposition  of  Corporal  Wm.  Pittinger,.  282 

"  Jacob  Parrot, 289 

"  Robert  Buffum, 290 

"  Corporal  Reddick, 291 

"  William  Bensiger, 292 

Narrative  of  the  "  New  Era," 293 

60.  Rebel  Raids  in  Kentucky  : 

Official  Report  of  General  Morgan, ....  296 
"          "  G.  A.  Ellsworth, 298 

61.  The  Negroes  at  Port  Royal,  S.  C. : 

Reports  of  Edward  L.  Pierce, 30?,  315 

52.  Capture  of  the  Isabel : 

Commodore  Du  Pont's  Report, 323 

63.  Rebel  Conscription  Laws, 324 

The  Effect  of  Conscription, 325 

New  Conscription  Bill, 326 

54.  Report  of  General  Schofield  of  the  Opera- 


B5. 

66. 

57. 

58. 
59. 

60. 
61. 
62. 

63. 
64. 

65. 
66. 
67. 
68. 


69. 

70. 

71. 

72. 
73. 

74. 
76. 

76. 

77. 


DOC. 

tions  in  Missouri  and  Arkansas  for   the 
year  ending  November  30,  1862,  ........  327 

Confiscation  in  California  : 

General  Wright's  Order,  .............   335 

British  Neutrality  Laws  for  the  Bahamas,  .  .   33ft 
Colonel  A.  D.  Streighfs  Expedition  : 

Journal  of  H.  Breidenthal,  ...........   337 

Rebel  Partisan  Rangers,  Act  authorizing  the,  350 
Gunboat  Fight  at  Fort  Huger,  Va.  : 

Rebel  Account,  .....................  350 

Rebel  Conscription  Act,  Petition  against  the,  351 
Message  of  Jefferson  Davis,  Aug.  18,  1862,.  353 
Southern  Civilization  —  Joint  Resolution  of 
Mr.  Collier  of  Va.,  ..................  S55 

The  Occupation  of  the  White  House.  Va.  : 

General  McClellan's  Explanation,  ......   356 

Retaliation  by  the  Rebels  —  Letter  from  Jef 
ferson  Davis,  .........................  359 

Rebel  General  Orders,  ...............  359 

The  Confiscation  Bill  —  President  Lincoln's 
Message,  ...........................  360 

Rebel  Guerrilla  Warfare  : 

Official  Correspondence,  .............  362 

Speech  of  Robert  Toombs  before  the  Legis 
lature  of  Georgia,  November,  1860,  .....   362 

President  Lincoln's  Appeal  to  the   Border 
States,  .  .............................  368 

Reply  of  the  Majority,  ...............   369 

"          the  Minority,  ...............  373 

"          Mr.  Maynard,  of  Tenn.,  ......   373 

"          Senator  Henderson,  of  Mo.,.  .  374 
Spirit  of  the  Catholic  Church  : 

Letter  of  the  Bishop  of  Charleston,  S.  C.,  377 
"         Archbishop  Hughes,  .........  381 

Evacuation  of  Pensacola  Navy  -Yards,  Forts, 
etc.  —  Rebel  Reports,  ..................  384 

Report  of  Colonel  E.  E.  Cross  of  the  Opera 
tions  of  the  Fifth  New-Hampshire  Regi 
ment,  ..............................  386 

The  Campaign  in  Kentucky,  1862  : 

General  D.  C.  Buell's  Report,  .........  389 

Secretary  Stanton's  Report  of  the  Operations 
of  the  Army  of  the  United  States  for  the 
year  1862,  ...........................  394 

Bombardment  of  Fort  Henry,  Tenn.  : 

General  Tilghman's  Report,  ..........  404 

Speech  of  Judge  J.  L.  Petigru  at  Charleston, 
S.  C.,  November  7,  1861,  ..............  409 

Breckinridge  and  the  Black  Flag  : 

Official  Correspondence,  ............  .  410 

Maryland  and  Massachusetts  : 

Proceedings  in  the  Legislature  of  Mas 
sachusetts  upon  the  Act  of  the  State 
of  Maryland  Appropriating  Money  for 
the  Families  of  those  belonging  to  the 
Sixth  Regiment  of  Massachusetts  Vol- 


CONTENTS  OF  FIRST  VOLUME,  SUPPLEMENT. 


DOC.    PAGE 

unteers  who  were  Killed  or  Disabled 
by  Wounds  received  in  the  Riot  at 

Baltimore,  April  19,  1861, 411 

$8.     Capture  of  Fort  Donelson,  Tenn. : 

General  Pillow's  Report, 414 

Colonel  Burch's  Statement, ,  418 

Colonel  Forrest's  Report, 419 

Major  Herring's        "        420 

Major  Hayne's  "        421 

Hunter  Nicholson's  "        422 

Response  of  General  Pillow, 423 

General  Buckner's  Reports 425 

Lieutenant-Colonel  Gilmer's  Report, ...  431 

General  Grant's  Terms, 431 

Colonel  Wharton's  Report, 435 

Colonel  McCausland's  Report, 436 

Colonel  Baldwin's  "     436 

Colonel  Lillard's  "      439 

Major  W.  M.  Brown's       "      439 

Colonel  John  C.  Brown's  "     442 

Major  Cheairs'a  "      444 

Colonel  Palmer's  "      445 

Colonel  E.  C.  Cook's,        "     447 

Major  Doss's  u      448 

Colonel  Heiman's,  "     449 

Adjutant  McGinnis's         "     451 

Colonel  J.  W.  Head's       "     452 

Colonel  R.  W.  Hanson's  "      453 

Colonel  John  Gregg's       "      454 

Sup.  Report  of  John  B.  Floyd, 455 

79  Message  of  Jefferson  Davis,  Feb.  25,  1862, .  459 

80  Secession  in  Europe  —  Correspondence  be 

tween  the  Rebel  Commissioners  and  Earl 

Russell, 460 

81.  Rebel  Operations  in  New-Mexico  : 

Report  of  General  Sibley, 465 

44  Colonel  Green,  468 

44  Colonel  W.  R.  Scurry, 470 

"  Major  H.  W.  Ragnet,. 472 

44  Major  C.  S.  Pyron, 473 

44  Captain  Powhattan  Jordan,. .  474 

44  Captain  T.  T.  Teel, 474 

Battle  of  Glorietta— Report  of  Colonel 

Scurry, 475 

82.  The  Evacuation  of  Columbus,  Tenn. : 

Major-General  Polk's  Report, 477 

83.  The  Dismissal  of  Major  Key— Copy  of  the 

Record, 477 

84.  Battle  of  Pittsburgh  Landing  : 

Beauregard's  Order  on  the  Movement 

of  Troops, 478 

Rebel  Killed  and  Wounded  in, 479 

85.  Correspondence  between  Horace  Greeley  and 

President  Lincoln,  August,  1862, 481 

86.  Rebel  Operations  on  the  Peninsula  of  Vir 

ginia,  May,  1862: 


DOC.    PAGK 

Report  of  General  J.  B.  Magruder, ....  483 

44  General  McLaws, 487 

"  Colonel  W.  M.  Levy, 488 

44  Colonel  Goode  Bryan, 489 

44  Lieut.-Colonel  P.  R  Ihue, . . .  48? 

44  Colonel  H.  C.  Cabell, 490 

"  Captain  M.  Stanley, 492 

87.  Battle  of  Fredericktown,  Mo. — National  Ac 

counts  of, 49Q 

88.  Battle  at  James  Island,  S.  C. : 

Report  of  General  Pemberton, 494 

44  General  Evans, 496 

"  Colonel  Lamar, 497 

44  Major  David  Ramsay, 499 

44  Colonel  Hagood, 499 

44  Colonel  C.  H.  Stevens, 500 

44  Lieut.-Col.  Chas.  H.  Simonton,  501 

"  Lieutenant  R.  A.  Blum,  ....   501 

44  Captain  J.  E.  Adger, 502 

44  Colonel  S.  D.  Goodlett, 502 

89.  General  Pleasantorfs  Reconnoissance,  Octo 

ber,  1862  : 

Rebel  Accounts, 604 

90.  General  McClelland  Report  of  the  Opera- 

tions  of  the  Army  of  the  Potomac  while 

under  his  Command, 505 

Attestation  of  the  Adjutant-General,.. .   655 

91.  Removal  of  General  McClellan — Letter  from 

General  Halleck  to  the  Secretary  of  War,  655 

92.  Contest  on  the  Rappahannock,  August,  1862,  656 

Rebel  Diary  and  Account, 660 

93.  Report  of  Brigadier-General  C.  C.  Gilbert  of 

the  Operations  along  the  Louisville  and 
Nashville  Railroad, 662 

94.  The  Seven  Days'  Contests : 

General  McCall's  Official  Reports, 663 

General  McCall's  Testimony  before  the 
Committee  on  the   Conduct  of  the 

War, 669 

Testimony    of   the    Pennsylvania    Re 
serves,  671 

95.  Alexander  H.  Stephens'*  Letter  on  Martial 

Law  and  Military  Usurpation, 675 

96.  Repossession  of  Norfolk — Letter  from  Bri 

gadier-General  Viele, 677 

97.  New- Jersey  Peace  Resolutions,  passed  March 

18,  1863, 679 

98.  Papers   by   William  Whiting,  Solicitor   of 

the  War  Department 

War  Powers  of  the  President, 681 

Military  Arrests, 723 

Reconstruction  of  the  Union, 739 

99.  Bombardment  of  Fort  McAllister,  Ga. : 

Rebel  Reports, 744 

100.  Indian  Scouts  and  their  Results  for  the  year 

1863— Report  of  General  Carleton, 744 


CONTEXTS  OF  FIRST  VOLUME  SUPPLEMENT. 


DOC.    PAGE 

101.  Impressment  of  Quakers  by  the  Rebel  Au 

thorities,  752 

102.  Rebel  Guerrillas— T.  B.  Murray's  Proclama 

tion,  753 

103.  Destruction  of  the  Arsenal  at  Harper's  Ferry, 

Va., 753 

104.  Hidleck**  General  Order,  No.  3, 754 

105.  The  Invasion  of  Maryland  in  1862, 755 

Proclamation  of  General  Lee. . .  .  765 


106. 
107. 


DOC.    PAQ1 

Proclamation  of  Bradley  T.  Johnson,. .  755 
"  Governor  Bradford,. ..   755 

Address  to  the  Citizens  of  Lancaster, 

Pa., 756 

Guerrillas  in  West- Virginia — Proclamation 

by  Colonel  Imboden, 757 

Occupation  of  New-Orleans,  La.  —  Captain 
John  L.  Broome's  Statement, 758 


LIST     OF     ILLUSTRATIONS. 


PORTRAIT  OF  JOHN  BRIGHT,      . 

WILLIAM  H.  SEWARD, 


ADJUTANT  F.  A.  STEARNS, 
CHARLES  SUMNER,    . 
CHIEF- JUSTICE  TANEY, 
COLONEL  E.  E.  ELLSWORTH,  . 
JOSEPH  HOLT,       . 
RICHARD    COBDEN,     . 
JUDGE  J.  L.  PETIGRU,       . 
LIEUTENANT  H.  B.  HIDDEN,      . 
MAJOR  NOAH  H.   FERRY, 
ALEXANDER  H.   STEPHENS, 


FRONTISPIECE. 

to  face  p.  1 
«  «  27 
«  42 
"  109 
"  179 
"  279 
«  359 
"  409 
"  477 
"  573 
"  675 


lion.    \Vm  .    II  .     S  E  "WARD 


DOCUMENTS   AND   NARRATIVES. 


Doc.  1. 
SPEECH   OF   JOHN   BRIGHT,   M.P. 

AT  a  dinner  given  to  Mr.  Bright  by  his  fellow- 
townsmen,  at  Rochdale,  Eng.,  on  Wednesday 
evening,  Dec.  4,  about  two  hundred  and  fifty 
gentlemen  were  present,  being  as  many  as  the 
public  hall  could  accommodate,  and  the  galleries 
were  filled  with  a  numerous  assemblage  of  ladies, 
among  whom  was  Mrs.  Bright.  On  the  plat 
form  were  the  Mayor  of  Rochdale,  (Mr.  J.  T.  Pa 
gan,)  who  was  in  the  chair ;  Mr.  Bazley,  M.P., 
Mr.  George  Wilson,  Messrs.  J.  and  T.  Bright, 
Mr.  T.  Livsey,  the  Mayor  of  Manchester,  (Mr. 
Goadsby,)  the  American  consul  at  Liverpool, 
(Mr.  T.  H.  Dudley,)  and  others. 

After  the  toast  of  "  The  Queen  "  and  "  The 
Houses  of  Parliament," 

Mr.  Bazley,  M.P.,  in  response  to  the  latter, 
said  there  was  no  more  distinguished  member 
in  the  House  than  their  esteemed  friend  and 
fellow-townsman  Mr.  Bright.  [Cheers.]  And 
just  as  people  were  very  often  asking,  "  What 
will  Mrs.  Grundy  say  ? "  so  in  the  House  of 
Commons  he  heard  on  every  occasion  the  in 
quiry,  "  What  will  Bright  say  ?  "  [Laughter 
and  applause.]  There  was  much  in  the  present 
House  of  Commons  that  was  creditable  to  it ; 
but  at  the  same  time  he  believed,  with  them, 
that  it  needed  amendment.  [Hear,  hear.} 
They  wanted  also  a  retrenchment  in  their  ex 
penditure  ;  and,  above  all,  the  maintenance  of 
peace,  and  the  continuance  of  pacific  relations 
between  Old  England  and  the  United  States. 
[Cheers.] 

The  next  toast,  "  The  health  of  Mr.  Cobden, 
the  member  for  Rochdale,"  was  most  enthusi 
astically  received,  the  company  rising  to  give 
three  cheers. 

The  following  letter  from  Mr.  Cobden  was 
read  : — 

"  MIDHCRST,  Dec.  2. 

"  DEAR  SIR  :  I  need  not  assure  you  with  what 

pleasure  I  should  accept  your  invitation  to  be 

present  at  the  entertainment  which   is  to  be 

offered  by   his   neighbors,  to  my  friend  Mr. 

SUP.    Doc.  1 


Bright.  It  tempts  me  sorely,  and  yet  I  will 
not  break  the  rule  by  which  I  have  prohibited 
myself  from  attending  any  public  meeting  this 
winter,  with  the  view  of  husbanding  my  health 
for  the  labors  of  the  coming  session.  The  cir 
cumstances  of  the  present  moment  make  rae 
regret  my  inability  to  meet  my  constituents. 
I  should  have  been  glad  to  have  expressed  my 
views  of  the  public  questions  of  the  day,  espe 
cially  in  reference  to  our  relations  with  the 
United  States,  to  which  a  recent  event  has 
given  a  sudden  importance.  I  allude,  of  course, 
to  the  capture  of  Messrs.  Slidell  and  Mason  on 
board  a  British  steamer.  On  this  subject  I 
should  have  urged  the  propriety  of  suspending 
a  final  judgment  until  we  had  time  to  hear 
whether  the  American  Government  had  author 
ized  this  act  of  their  naval  officer ;  and,  if  so, 
on  what  ground  they  justified  the  proceeding. 
I  have  seen  with  some  surprise  the  assumption 
in  certain  quarters  that,  from  the  moment  when 
our  legal  authorities  have  given  their  opinion 
on  the  point  at  issue,  the  question  is  settled, 
and  that  we  have  only  to  proceed  to  enforce 
their  award.  It  is  forgotten  that  the  matter  in 
dispute  must  be  decided  not  by  the  British,  but 
by  international  law,  and  that  if  the  President's 
Government  should  assume  the  responsibility 
of  the  act  of  their  naval  officer,  they  will  claim 
for  the  reasoning  and  the  precedents  urged  by 
their  legal  advisers  at  Washington,  the  same 
consideration  which  they  are  bound  to  give  to 
the  law  officers  of  the  British  Crown.  To  re 
fuse  this  would  be  to  deny  that  equality  before 
the  law  which  is  the  rule  of  all  civilized  States, 
and  to  arrogate  for  ourselves,  as  interested  par 
ties,  arbitrary  and  dictatorial  power.  Had  I 
been  able  to  meet  my  constituents,  I  should 
have  in  their  name,  and  with,  I  know,  their  full 
concurrence,  repudiated  the  language  of  those 
public  writers  who,  without  waiting  till  both 
parties  have  had  a  hearing,  have  given  utter 
ances  to  threats,  which,  if  they  are  supposed  to 
emanate  from  the  British  people,  must  render 
compliance  on  the  part  of  the  American  Gov 
ernment  difficult,  if  not  impossible.  What- 


REBELLION  RECORD,    1860-61. 


ever  be  the  issue  of  the  legal  controversy,  this  ' 
is  a  question  which  we  cannot  hope  to  bring  to 
a  more  satisfactory  issue  by  an  appeal  to  arms.  ! 
"We  endeavored  to  impose  our  laws  by  force  on 
the  Americans  when  they  were  three  millions  ] 
of  colonists,  and  we  know  the  result.  Again, 
in  1812,  when  we  were  belligerents,  and  the 
United  States,  with  eight  millions  of  people, 
were  neutral,  and  after  we  had  for  years  sub 
jected  their  vessels  to  search  and  seizure — 
•which  will  now  probably  be  adduced  as  prece 
dents  to  justify  the  recent  proceeding  on  their 
part — a  war  broke  out  on  this  very  question  of 
belligerent  rights  at  sea,  which,  after  two  years 
of  mutual  slaughter  and  pillage,  was  terminated 
by  a  treaty  of  peace  in  which,  by  tacit  agree 
ment,  no  allusion  was  made  to  the  original  cause 
of  the  war.  With  these  examples,  can  we 
reasonably  hope  by  force  of  arms  to  compel 
the  20,000,000  of  Americans  who  are  now 
united  under  the  Federal  Government  to  accept 
our  exclusive  interpretation  of  the  law  of  na 
tions?  Besides,  the  mere  settlement  of  the 
question  of  the  Trent  does  not  dispose  of  our 
difficulties  and  dangers.  We  require  a  complete 
revision  of  the  international  maritime  code  with 
a  view  to  its  simplification,  and  to  bring  it  into 
harmony  with  the  altered  circumstances  of  the 
age  ;  and  to  this,  it  must  in  justice  be  admitted, 
the  Americans  have  not  been  the  obstacle. 
More  than  five  years  ago  the  Government  of 
Washington  proposed  to  the  European  Powers  to 
exempt  private  property  at  sea  from  capture  by 
armed  vessels  of  every  kind— a  proposal  which,  in 
his  Message  to  Congress,  President  Pierce  stated 
had  been  favorably  received  by  Russia  and 
France,  but  which  was  rejected  by  our  Govern 
ment,  acting  in  opposition  to  the  unanimous 
opinion  of  the  commercial  bodies  of  this  coun 
try.  Subsequently  Mr.  Buchanan's  Govern 
ment  enlarged  this  offer  by  proposing  to  abol 
ish  blockades  so  far  as  purely  mercantile  ports 
were  concerned,  but  again  this  met  with  no 
favor  from  our  Government.  The  details  of 
this  plan  are  but  imperfectly  known,  as  no 
official  documents  have  been  given  to  the  Brit 
ish  public.  But,  after  perusing  the  statement 
made  by  our  Foreign  Minister  in  the  House  of 
Commons,  on  the  18th  of  February  last,  the 
painful  impression  is  left  on  my  mind  that,  had 
this  offer  of  the  United  States  Government,  in 
stead  of  being  opposed,  been  promptly  and 
frankly  accepted  by  England,  our  commerce 
with  the  Southern  ports  of  that  country  might 
have  at  this  moment  been  uninterrupted,  and 
Lancashire  would  have  hardly  felt  any  incon 
venience  from  the  civil  war  in  America.  I  was 
absent  from  Parliament  when  these  great  ques 
tions  were  incidentally  referred  to,  for  all  seri 
ous  discussion  on  the  subject  seems  to  have 
been  discouraged  by  the  Government ;  but  I 
think  I  shall  be  able  to  show  on  a  future  occa 
sion  that  no  other  country  is  interested  to  half 
the  extent  of  England  in  carrying  out  these 
propositions  of  the  United  States  Government. 
I  would  go  a  step  further,  and  exempt  from 


visitation,  search,  and  obstruction  of  every 
kind,  all  neutral  merchant  ships  on  the  ocean 
or  open  sea,  in  time  of  war,  as  well  as  in  time 
of  peace.  The  commerce  of  the  world  has  be 
come  too  vast,  and  its  movements  too  rapid,  to 
permit  of  merchant  vessels  of  all  nations  be 
ing,  everywhere,  liable  to  search  and  detention, 
merely  because  two  Powers  in  some  quarter 
of  the  globe  choose  to  be  at  war.  This  state 
of  things  might  have  been  endurable  some  cen 
turies  ago,  when  war  was  regarded  as  the  nor 
mal  state  of  society,  and  when  the  neutrality 
of  a  great  Power  was  almost  unknown,  but  it 
is  utterly  intolerable  in  an  age  of  steam  naviga 
tion  and  free  trade.  But  let  it  not  be  forgotten 
by  the  British  public,  in  the  present  moment 
of  irritation,  that  England  has  always  been,  and 
still  is,  the  great  obstacle  to  a  liberal  and  hu 
mane  modification  of  the  maritime  law  of  na 
tions  in  the  interest  of  neutrals,  and  that  her 
assent  alone  is  wanting  to  sweep  the  musty 
maxims  of  Puffendorf  and  the  rest  into  that 
oblivion  which  has  happily  engulfed  the  kindred 
absurdities  of  protection.  I  will  not  attempt, 
within  the  space  of  a  letter,  to  touch  upon  the 
other  issues  involved  in  this  deplorable  civil 
war.  There  is  one  point  only  on  which  I  will 
add  a  remark.  An  opinion  seems  to  be  enter 
tained  by  some  parties,  here  and  on  the  Conti 
nent,  that  it  is  in  the  power  of  the  Govern 
ments  of  England  and  France  to  control  if  not 
put  an  end  to  the  conflict.  I  entertain  tne~ 
strongest  conviction,  on  the  contrary,  that  any 
act  of  intervention  on  the  part  of  a  European 
Power,  whether  by  breaking  the  blockade,  or  a 
premature  acknowledgment  of  the  independence 
of  the  South,  or  in  any  other  way,  can  have  no 
other  effect  but  to  aggravate  and  protract  the 
--quarrel.  History  tells  us  how  greatly  the  hor 
rors  of  the  French  Revolution  sprung  from  the 
intervention  of  the  foreigner.  Were  a  similar 
element  thrown  in  to  infuriate  the  American 
contest,  every  restraining  motive  for  foibear- 
ance,  every  thought  of  compromise  or  con 
ciliation,  would  be  cast  to  the  winds, — the 
North  would  avail  itself  of  the  horrible  weapon 
always  ready  at  hand,  and  by  calling  in  the  aid 
of  the  negro,  would  carry  the  fire  and  sword 
of  a  servile  war  into  the  Soufh,  and  make  it  a 
desolation  and  a  wilderness.  So  far  from  ex 
pecting  that  the  raw  material  of  our  great  in 
dustry  would  reach  us  sooner  in  consequence  of 
such  an  intervention,  I  believe  the  more  prob 
able  result  would  be  the  destruction  of  the  cot 
ton  plant  itself  throughout  the  Southern  States 
of  the  Union.  I  cannot  conclude  without  thank 
ing  you  for  your  kind  offer  of  hospitality  ;  and 
I  remain,  my  dear  sir,  yours  very  truly, 

"  RD.  COBDEN. 
11  JOHN  T.  PAGAN,  ESQ.,  Mayor." 

The  health  of  Mr.  Bright  was  afterward 
given,  amid  tumultuous  cheering. 

Mr.  Bright  said:  When  the  gentlemen  who 
invited  me  to  this  dinner  called  upon  me,  I  felt 
their  kindness  very  sensibly,  and  now  I  am 
deeply  grateful  to  my  friends  around  me  and  to 


DOCUMENTS. 


you  all  for  the  abundant  manifestations  of  it 
with  which  I  have  been  received  to-night.  I 
am,  as  you  all  know,  at  this  moment  surrounded 
by  my  neighbors  and  friends,  [hear,  hear,]  and  I 
may  say  with  the  utmost  truth  that  I  value  the 
good  opinion  of  those  who  now  hear  my  voice 
far  beyond  the  opinion  of  any  equal  number  of 
the  inhabitants  of  this  country  selected  from 
any  portion  of  it.  You  have  by  this  great  kind 
ness  that  you  have  shown  me,  given  a  proof  that 
in  the  main  you  do  not  disapprove  of  my  public 
labors,  [cheers,]  that  at  least  you  are  willing  to 
express  an  opinion  that  the  motives  by  which 
I  have  been  actuated  have  been  honest  and 
honorable  to  myself,  and  that  that  course  has 
not  been  entirely  without  service  to  my  coun 
try.  [Cheers.]  Coming  to  this  meeting,  or  to 
any  similar  meeting,  I  always  tind  that  the  sub 
jects  for  discussion  appear  to  be  infinite,  and 
far  more  than  it  is  possible  to  treat.  In  these 
times  in  which  we  live,  by  the  inventions  of 
the  telegraph  and  the  steamboat,  and  the  rail 
road,  and  the  multiplication  of  newspapers,  we 
seem  continually  to  stand  as  on  the  top  of  an 
exceeding  high  mountain,  from  which  we  be 
hold  all  the  kingdoms  of  the  earth  and  all  the 
glory  of  them,  and,  unhappily,  not  only  their 
glory,  but  their  crimes,  and  their  follies,  and 
their  calamities.  [Hear,  hear.]  Seven  years 
ago  our  eyes  were  turned  with  anxious  expec 
tation  to  a  remote  corner  of  Europe,  where  five 
nations  were  contending  in  bloody  strife  for  an 
object  which,  possibly,  hardly  one  of  them  com 
prehended,  and,  if  they  did  comprehend  it, 
which  all  sensible  men  among  them  must  have 
known  to  be  absolutely  impracticable.  Four 
years  ago  we  were  looking  still  further  to  the 
East,  and  we  saw  there  a  gigantic  revolt  in  a 
great  dependency  of  the  British  Crown,  arising 
mainly  from  gross  neglect  and  from  the  inca 
pacity  of  England,  up  to  that  moment,  to  gov 
ern  a  country  which  it  had  known  how  to  con 
quer.  Two  years  ago  we  looked  South  to  the 
plains  of  Lombardy.  We  saw  a  strife  there,  in 
which  every  man  in  England  took  a  strange  in 
terest,  [hear,  hear ;]  and  we  have  welcomed,  as 
the  result  of  that  strife,  the  addition  of  a  new 
and  great  kingdom  to  the  list  of  European 
States.  [Cheers.]  Well,  now  our  eyes  are 
turned  in  a  contrary  direction  ;  we  look  to  the 
West,  and  there  we  see  a  struggle  in  progress 
of  the  very  highest  interest  to  England  and  to 
humanity  at  large.  We  see  there  a  nation, 
which  I  shall  call  the  transatlantic  English  na 
tion,  [hear,  hear,]  the  inheritor  and  partaker  of 
the  historic  glories  of  this  country.  [Hear.] 
We  see  it  torn  with  intestine  broils,  and  suffer 
ing  from  calamities  from  which  for  more  than 
a  century  past — in  fact,  for  nearly  two  centu 
ries  past,  this  country  has  been  exempt.  That 
struggle  is  of  especial  interest  to  us.  We  re 
member  a  description  which  one  of  our  great 
poets  gives  of  Rome  in  its  condition  of  decay. 
He  describes  it  as — 

"  Lone  mother  of  dead  empires." 


But  England  is  the  living  mother  of  great 
nations  on  the  American  and  on  the  Australian 
continents,  and  she  promises  to  belt  the  whole 
world  with  her  knowledge,  her  civilizations, 
and  even  something  more  than  the  freedom 
that  she  herself  enjoys.  [Cheers.]  Eighty-five 
years  ago,  about  the  time  when  some  of  our 
oldest  townsmen  were  very  little  children,  there 
were  on  the  North  American  continent  colo 
nies,  mainly  of  Englishmen,  containing  about 
3,000,000  souls.  These  colonies  we  have  seen, 
a  year  ago  constituting  the  United  States  of 
North  America,  and  comprising  a  population  of 
not  less  than  30,000,000  of  souls.  We  know 
that  in  agriculture  and  manufacture,  with  the 
exception  of  this  kingdom,  there  is  no  country 
in  the  world  which,  as  to  these  arts,  may  be 
placed  in  advance  of  the  United  States.  [Ap 
plause.]  With  regard  to  inventions,  I  believe, 
within  the  last  30  years,  we  have  received  more 
useful  inventions  from  the  United  States  than 
we  have  received  from  all  the  countries  of  Eu 
rope.  [Hear,  hear.]  In  that  country  there  are 
probably  ten  times  as  many  miles  of  telegraph 
as  there  are  in  this  country,  and  there  are  at 
least  five  or  six  times  as  many  miles  of  rail 
ways.  The  tonnage  of  its  shipping  is  at  least 
equal  to  ours,  if  it  does  not  exceed  ours.  The 
prisons  of  that  country — for  even  in  countries 
the  most  favored,  so  far,  prisons  are  needful — 
have  been  models  for  the  other  nations  of  the 
earth  ;  and  many  European  Governments  have 
sent  commissions  beyond  the  Atlantic  to  inquire 
into  the  admirable  system  of  education,  estab 
lished  universally  in  their  free  schools  through 
out  the  free  and  Northern  States.  [Cheers.] 
If  I  were  to  speak  of  them  in  a  religious  aspect, 
I  should  say  that  within  that  period  of  time  to 
which  their  short  history  goes  back,  there  is 
nothing  on  the  face  of  the  earth,  and  never  has 
been  besides,  to  equal  the  magnificent  arrange 
ments  of  chun-hes  and  ministers,  and  of  all  the 
appliances  which  are  thought  necessary  for  a 
nation  to  teach  morality  and  Christianity  to  the 
people.  Besides  all  this,  when  I  state  that  for 
many  years  past  the  annual  public  expenditure 
of  the  Government  of  that  country,  has  been 
somewhere  between  ten  and  fifteen  millions,  I 
need  not  perhaps  say  further,  that  there  has 
existed  in  that  country,  among  all  the  people, 
an  amount  of  comfort  and  prosperity,  of  abound 
ing  plenty,  such  as  I  believe  no  other  country 
in  the  world,  in  any  age,  has  displayed.  This 
is  a  very  fine,  but  still  a  very  true,  picture, 
[hear,  hear;]  but  it  has  another  side,  to  which  I 
must  advert.  There  has  been  one  great  feature 
in  that  country — one  great  contrast,  which  has 
been  pointed  to  by  all  men  who  have  com 
mented  upon  the  United  States  as  a  feature  of 
danger  and  a  contrast  calculated  to  give  pain. 
You  have  had  in  that  country  the  utmost  liber 
ty  to  the  white  man,  but  bondage  and  degrada 
tion  to  the  black  man.  Now,  rely  upon  it,  that 
wherever  Christianity  lives  and  flourishes,  there 
must  grow  up  from  it  necessarily  a  conscience 
which  is  hostile  to  any  oppression  and  to  any 


REBELLION   RECORD,  1860-61. 


wrong ;  and  therefore,  from  the  hour  when  the 
United  States  Constitution  was  formed,  so  long 
as  it  left  there  this  great  evil,  then  compara 
lively  small,  but  now  become  so  great,  it  left 
there  the  seeds  of  that  which  an  American 
statesman  has  so  happily  described — of  that 
"  irrepressible  conflict "  of  which  now  the 
whole  world  is  witness.  [Cheers].  It  has  been 
a  common  thing  for  men  disposed  to  carp  at  the 
United  States  to  point  at  this  blot  upon  their 
fair  fame,  and  to  compare  it  with  the  boast 
ed  declaration  of  equality  in  their  deed  and 
Declaration  of  Independence.  But  we  must  re 
collect  who  sowed  this  seed  of  trouble,  and  how 
and  by  whom  it  has  been  cherished.  Without 
dwelling  upon  this  for  more  than  a  moment,  I 
should  like  to  read  to  you  a  paragraph  from 
"  Instructions  proposed  to  be  given  to  the  Vir 
ginian  Delegates  to  Congress,"  in  the  month 
of  August,  1774,  and  from  the  pen  of  Mr.  Jeffer 
son,  perhaps  the  ablest  man  produced  in  the 
United  States  at  that  time,  and  actively  engaged 
in  its  affairs,  and  who  was  afterward,  I  think, 
for  two  periods  President  of  the  Republic.  He 
writes  this  from  a  slave  State — from  the  State 
of  Virginia : — 

"  For  the  most  trifling  reasons,  and  sometimes 
for  no  conceivable  reason  at  all,  His  Majesty  the 
King  of  England  has  rejected  laws  of  the  most 
salutary  tendency.  The  abolition  of  domestic 
slavery  is  the  great  object  of  desire  in  those 
colonies,  where  it  was  unhappily  introduced  in 
their  infant  state.  But,  previous  to  the  en 
franchisement  of  the  slaves  we  have,  it  is  neces 
sary  to  exclude  all  further  inportations  from 
Africa.  Yet  our  repeated  attempts  to  effect 
this,  by  prohibitions  and  by  imposing  duties 
which  might  amount  to  prohibition,  have  been 
hitherto  defeated  by  His  Majesty's  negative, 
thus  preferring  the  immediate  advantage  of  a 
few  British  corsairs  to  thejasting  interests  of 
the  American  States,  and  to  the  rights  of  human 
nature  deeply  wounded  by  this  infamous  prac 
tice."  [Loud  cheers.] 

I  read  that  merely  to  show  that  two  years 
before  the  Declaration  of  Independence  was 
signed,  Mr.  Jefferson,  acting  on  behalf  of  those 
whom  he  represented  in  Virginia,  wrote  that 
protest  against  the  course  of  the  British  Govern 
ment,  which  prevented  the  colonists  abolishing 
the  slave  trade,  preparatory  to  the  abolition  of  i 
slavery  itself.  The  United  States  Constitution  ' 
left  the  slave  question  for  every  State  to  man 
age  for  itself.  It  was  a  question  then  too  dif 
ficult  to  settle,  apparently  ;  but  every  man  had 
the  hope  and  belief  that  in  a  few  years  slavery 
would  of  itself  become  extinct.  Then  there 
happened  that  great  event  in  the  annals  of 
manufactures  and  commerce  ;  it  was  disovered 
that  in  those  States  that  article  which  we  in 
this  country  so  much  depend  upon  could  be 
produced  of  the  best  quality  needful  for  manu 
facture,  and  at  a  moderate  price  ;  and  from  that 
day  to  this  the  growth  of  cotton  has  increased 
there,  its  consumption  has  increased  here,  and 
a  value  which  no  man  dreamt  of  when  Jefferson 


wrote  that  paper  has  been  given  to  slaves  and 
slave  industry,  and  thus  it  has  grown  up  to 
that  gigantic  institution  which  now  threatens 
either  its  own  overthrow  or  the  overthrow  of 
that  which  is  a  million  times  more  valued — the 
great  republic  of  the  United  States.  [Loud 
cheers.}  The  crisis  at  which  we  have  arrived 
now — I  say  "  we,"  for,  after  all,  we  are  as  much 
interested  in  the  crisis  nearly  as  if  I  were  mak 
ing  this  speech  in  the  city  of  Boston  or  New 
York — the  crisis  which  has  now  arrived  was 
inevitable.  I  say  that  the  conscience  of  the 
North,  never  satisfied  with  the  institution,  was 
constantly  pricking  some  man  forward  to  take 
a  more  extreme  view  of  the  question,  and  there 
grew  up  naturally  a  section, — it  may  be  not  a 
very  numerous  one — in  favor  of  abolition  ;  and 
a  great  and  powerful  party  resolved  at  least 
upon  the  restraint  and  control  of  slavery,  so 
that  it  should  not  extend  beyond  the  States  and 
the  area  which  it  now  occupies.  But  now,  if  we 
look  at  the  Government  of  the  United  States, 
almost  ever  since  the  Union,  we  shall  find  that 
the  Southern  power  has  been  mostly  dominant 
there.  If  you  take  six  and  thirty  years  after 
the  formation  of  the  present  Constitution,  I 
think  about  1787,  you  will  find  that  for  32  of 
those  years  every  President  was  a  Southern 
man ;  and  if  you  take  the  period  from  1828 
until  1860,  you  will  find  that  on  every  election 
for  President  the  South  voted  in  the  majority. 
"Well,  we  know  what  an  election  is  in  the  United 
States  for  President  of  the  Republic.  There  is 
a  most  extended  suffrage,  and  there  is  a  ballot- 
box.  The  President  and  the  House  of  Repre 
sentatives  are  elected  by  the  same  electors,  and 
generally  they  are  elected  at  the  same  time ; 
and  it  follows,  therefore,  almost  inevitably,  that 
the  House  of  Representatives  is  in  complete 
accord  in  public  policy  writh  the  President  for 
the  time  being.  Every  four  years  there  springs 
from  the  vote  created  by  the  whole  people  a 
President  over  that  great  nation.  I  think  the 
world  affords  no  finer  spectacle  than  this;  I 
think  it  affords  no  higher  dignity— that  there  is 
no  greater  object  of  ambition  on  the  political 
stage  on  which  men  are  permitted  to  move. 
You  may  point,  if  you  like,  to  hereditary  roy 
alty,  to  crowns  coming  down  through  successive 
generations  in  the  same  families,  to  thrones 
based  on  prescription  or  on  conquest,  to  scep 
tres  wielded  over  veteran  legions,  or  subject 
realms ;  but  to  my  mind  there  is  nothing  more 
worthy  of  reverence  or  obedience,  nothing 
more  sacred,  than  the  authority  of  the  freely 
chosen  magistrate  of  a  great  and  free  people. 
[Loud  cheers.]  And,  if  there  be  on  earth  and 
among  men  any  right  divine  to  govern,  surely 
it  rests  with  a  ruler  so  chosen  and  so  appointed. 
[Cheers.}  This  process  of  a  great  election  was 
gone  though  a  year  ago,  and  the  South,  that 
had  so  long  been  successful,  found  itself  de 
feated.  That  defeat  was  followed  instantly  by 
secession,  insurrection,  and  war.  In  the  multi 
tude  of  articles  which  have  been  brought  before 
us  in  the  newspapers  within  the  last  few 


DOCUMENTS. 


months,  I  have  no  doubt  you  have  seen,  as  I 
have  seen  it  stated,  that  this  question  was  very 
much  like  that  upon  which  the  colonies  origi 
nally  revolted  against  the  Crown  of  England.  It 
is  amazing  either  how  little  many  newspaper 
writers  know,  or  how  little  they  think  that  you 
know.  [Laughter.]  When  the  war  of  Inde 
pendence  commenced  in  America,  90  years  ago 
or  more,  there  was  no  representation  there  at 
all.  The  question  was  whether  a  Ministry  in 
Downing  street,  and  a  corrupt  and  borough- 
mongering  Parliament  at  Westminster,  should 
impose  taxes  upon  three  millions  of  English 
subjects  who  had  left  their  native  country  and 
established  themselves  in  North  America.  But 
now  the  question  is  not  of  under-representation 
or  of  no  representation,  because,  as  is  perfectly 
notorious,  the  representation  of  the  South  is 
not  only  complete,  but  in  excess,  for  in  distrib 
uting  the  number  of  representatives  to  the 
number  of  people — which  is  done  every  ten 
years  in  the  United  States — three  out  of  every 
five  slaves  are  counted  for  the  South  as  if  they 
were  white  men  and  free  men,  and  the  number 
of  members  given  to  them  is  so  much  greater 
than  it  would  be  if  the  really  free  men  and 
white  men  only  were  counted,  and  it  has  fol 
lowed  from  that  that  the  South  has  had  in  the 
House  of  Representatives  about  twenty  members 
more  than  it  had  any  right  to,  upon  the  princi 
ple  upon  which  members  were  apportioned  to 
the  Northern  and  the  Free  States.  Therefore 
you  will  see  at  once  that  there  is  no  kind  of  com 
parison  between  the  state  of  things  when  the 
colonies  revolted  and  the  state  of  things  now, 
when  this  fearful  and  wicked  insurrection  lias 
broken  out.  But  there  is  another  cause,  which 
is  sometimes  in  England  assigned  for  this  great 
misfortune,  which  is  the  protective  theories  in 
operation  in  the  Union,  and  the  maintenance 
of  a  high  tariif.  It  happens  in  regard  to  this 
that  no  American,  certainly  no  one  I  ever  met 
with,  attributes  the  disaster  of  the  Union  to 
that  cause.  It  is  an  argument  made  use  of  by 
ignorant  Englishmen,  but  never  by  informed 
Americans.  Have  not  I  already  shown  you 
that  the  South,  during  almost  the  whole  exist 
ence  of  the  Union,  has  been  dominant  at  Wash 
ington,  and  during  that  period  the  tariff  has 
existed  ?  There  has  been  dissatisfaction  occa 
sionally  with  it,  there  can  be  no  doubt ;  and 
at  times  the  tariff  has  been  higher  than  was 
thought  just  or  reasonable,  or  necessary,  by 
some  of  the  States  of  the  South.  But  the  very 
first  Act  of  the  United  States  which  levies 
duties  on  imports,  passed  immediately  after  the 
Union  was  formed,  recites  that  "  It  is  necessary 
for  the  encouragement  and  protection  of  manu 
factures  to  levy  the  duties  which  follow  ;  "  and 
during  the  war  with  England,  from  1812  to 
1815,  the  people  of  the  United  States  had  to  pay 
for  all  the  articles  they  brought  from  Europe 
many  times  over  the  natural  cost  of  those  arti 
cles,  on  account  of  the  interruption  of  the  traffic 
by  the  English  navy ;  and  when  the  war  was 
over  it  was  felt  by  everybody  desirable  that  i 


they  should  encourage   manufactures  in  their 
own  country ;  and  seeing  that  England  was  at 
that  precise  moment  passing  a  law'to  prevent 
any  wheat  coming  from  America  until  wheat  in 
England  had  risen  to  the  price  of  84s.  per  quar 
ter,  we  may  feel  quite  satisfied  that  the  doc 
trines  of  protection  originally  entertained  did 
not  find  less  favor  at  the  close  of  the  war  in 
1815.     Now,   there  is   one  remarkable  point 
with  regard  to  this  matter  which  should  not  be 
forgotten.     Twelve  months  ago,  at  the  meeting 
of  the  Congress  of  the  United  States,  which 
takes  place  on  the  first  Monday  in  December, 
there  were  various  proposals  of  compromise, 
and  committee  meetings  of  various  kinds  held, 
to  try  and  devise  some  mode  of  settling  the 
question  between  the  North  and  South,  so  that 
the  disunion  might  not  go  on ;  but,  though  I 
read  carefully  every  thing  that  was  published 
in  the  English  newspapers  from  the  United 
States  on  that  subject,  I  do  not  recollect  that 
in  any  single  instance  the  question  of  the  tariff 
was  referred  to,  or  that  any  change  was  pro 
posed  or  suggested  in  that  matter  as  likely  to 
have  any  effect  whatever  upon  the  question  of 
secession.      [Hear.]     Now,   there    is    another 
point,  too, — that  whatever  be  the  influence  of 
tariffs  upon  the  United  States,  it  is  as  pernicious 
to  the  West  as  to  the  South  ;  and  further,  Loui 
siana,  which  is  a  Southern  State  and  a  seceded 
State,  has  always  voted  along  with  Pennsylva 
nia,  until  last  year,  in  favor  of  protection  for  its 
sugar;    while  Pennsylvania  wished  protection 
for  its  coal  arid  iron.     But  if  the  tariff  was 
onerous  and  grievous,  was  that  a  reason  for  this 
great  insurrection  ?     Has  ever  a  country  had  a 
tariff — especially  in  the  article  of  food — more 
onerous  and  more  cruel  than  that  which  we  had 
in  this  country  twenty  years  ago?     [Cheers.] 
We  did  not  secede.     We  did  not  rebel.     WThat 
we  did  was  to  raise  money  for  the  purpose  of 
distributing  over  all  the  country  perfect  infor 
mation  upon  that  question  ;  and  many  men,  as 
you  know,  devoted  all  their  labors  for  several 
years  to  teach  the  great  and  wise  doctrines  of 
free  trade  to  the  people  of  England.     Why,  the 
price  of  a  single  gunboat,  the  keep  of  a  single 
regiment,  the  garrison  of  a  single  fort,  the  ces 
sation  of  their  trade  for  a  single  day,  costs  more 
than  it  would  have  cost  them  to  spread  all  over 
the  intelligent  people  of  the  United  States  the 
most  complete  statement  of  the  whole  ques 
tion  ;  and  West  and  South,  having  no  interest 
in  protection,  could,  united,  have  easily  revised, 
or,  if  need  had  been,  could  have  repealed  the 
tariff  altogether     No,  the  question  is  a  very 
different  and  far  more  grave  question.    It  is  the 
question  of  slavery.     [Hear,  hear.}     For  thirty 
years  it  has  been  constantly  coming  to  the  sur 
face,  disturbing  social  life,  and  overthrowing 
almost  all  political  harmony  in  the  working  or 
the  United  States.     In  the  North  there  is  no 
secession,  there  is  no  collision.     These  disturb 
ances  and  this  insurrection  are  found  wholly 
in  the  South  and  in  the  slave  States,  and  there 
fore  I  think  the  man  who  says  otherwise,  and 


6 


REBELLION   RECORD,    1860-61. 


who  contends  that  it  is  the  tariff,  or  any  thing 
whatsoever  other  than  slavery,  is  either  him 
self  deceived,  or  he  endeavors  to  deceive  others. 
The  object  of  the  South  is  this— to  escape  from 
the  majority  which  wishes  to  limit  tbe  area  of 
slavery.  [Hear.}  They  wish  to  found  a  slave 
State,  freed  from  the  influences  and  the  opinion 
of  freedom.  The  free  States  in  the  North, 
then,  now  stand  before  the  world  the  advocates 
and  defenders  of  freedom  and  civilization.  The 
slave  States  of  the  South  ofter  themselves  for 
the  recognition  of  Christian  nations,  based  upon 
the  foundation,  the  unchangeable  foundation  in 
their  eyes,  of  slavery  and  barbarism.  [Hear, 
hear}  I  will  not  discuss  the  guilt  of  men  who, 
Ministers  of  a  great  nation,  only  last  year  con 
spired  to  overthrow  it.  I  will  not  point  out  or 
recapitulate  the  statements  of  the  fraudulent 
manner  in  which  they  disposed  of  the  funds  in 
the  national  exchequer.  I  will  not  point  out 
by  name  any  of  the  men  in  this  conspiracy, 
whom  history  will  designate  by  titles  that  they 
would  not  like  to  hear.  But  I  sa.y  that  slavery 
has  sought  to  break  up  the  most  free  govern 
ment  in  the  world,  and  to  found  a  new  State 
in  this  nineteenth  century,  whose  corner-stone 
is  the  perpetual  bondage  of  millions  of  men. 
[Hear,  hear.]  Having  thus  described  what  ap 
pears  to  me  briefly  the  truth  of  this  matter, 
what  is  the  course  that  England  would  be  ex 
pected  to  pursue?  We  should  be  neutral  so  far 
as  regards  mingling  in  the  strife.  We  were 
neutral  in  the  strife  in  Italy,  but  we  were  not 
neutral  in  opinion  or  in  sympathy.  [Hear,  hear.} 
You  know  perfectly  well  that  throughout  the 
whole  of  Italy,  at  this  moment,  there  is  a  feel 
ing  that,  though  no  shot  was  fired  from  an 
English  ship,  though  no  English  soldier  trod 
their  soil,  still  the  opinion  of  England  was  po 
tent  in  Europe,  and  did  much  for  the  creation 
of  the  Italian  kingdom.  [Hear.]  Well,  with 
regard  to  the  United  States,  jou  know  how 
much  we  hate  slavery — that  is,  awhile  ago  you 
thought  you  knew  that  we  had  given  £20,000,- 
000,  that  is,  £1,000,000  a  year  nearly  in  taxes, 
to  free  800,000  slaves  in  the  English  colonies. 
You  knew,  or  you  thought  you  knew,  how 
much  you  were  in  love  with  free  government 
everywhere,  although  it  might  not  take  pre 
cisely  the  form  of  our  government — free  gov 
ernment  in  Italy,  free  government  in  Switzer 
land,  free  government,  under  republican  forms, 
in  the  United  States  of  America,  and  with  all 
this  every  man  would  have  said  that  England 
would  wish  the  American  Union  to  be  prosper 
ous  and  eternal.  Now,  suppose  we  turn  our 
eyes  to  the  East,  to  the  empire  of  Russia,  for  a 
moment.  In  Russia,  as  you  know,  there  has 
been  one  of  the  most  important  and  magnifi 
cent  changes  of  policy  ever  seen  in  any  coun 
try  within  the  last  year  or  two.  The  present 
Emperor  of  Russia,  following  the  wishes  of  his 
father,  has  insisted  upon  the  abolition  of  serf 
dom  in  that  empire,  [hear,  hear,}  and  23,000,- 
000  human  beings,  lately  serfs,  little  better  than 
real  slaves,  have  been  put  in  a  path  of  elevation 


to  the  ranks  of  freedom.  [Cheers.}  Now,  sup 
pose  that  the  millions  of  serfs  of  Russia  had 
been  chiefly  in  the  south  of  Russia.  We  hear 
that  the  nobles  of  Russia,  to  whom  these  serfs 
belong  in  a  great  measure,  have  been  very  hos 
tile  to  this  change,  and  that  there  lias  even  been 
some  danger  that  the  peace  of  that  empire 
might  be  disturbed  during  this  change.  Sup 
pose  these  nobles,  for  the  purpose  of  maintain 
ing  in  perpetuity  the  serfdom  of  Russia,  and  bar 
ring  out  twenty-three  millions  of  your  fellow- 
creatures  from  the  rights  of  freedom,  had  estab 
lished  a  great  and  secret  conspiracy,  and  had 
risen  in  a  great  and  dangerous  insurrection 
against  the  Russian  Government,  I  say  that  the 
people  of  England,  although  but  seven  years  ago 
they  were  in  mortal  combat  with  Russia,  in  the 
south  of  Europe,  I  believe  that  at  this  moment 
they  would  have  prayed  Heaven  in  all  sin 
cerity  and  fervor  to  give  strength  to  the  arm 
and  success  to  the  great  wishes  of  the  Emperor, 
and  that  that  vile  and  pernicious  insurrection 
might  be  suppressed.  [Great  cheering.}  Now, 
let  us  look  a  little  at  what  has  been  said  and 
done  in  this  country  since  the  period  when 
Parliament  rose  in  the  beginning  of  August. 
There  have  been  two  speeches  to  which  I  wish 
to  refer,  and  in  terms  of  approbation.  The 
Duke  of  Argyle,  a  member  of  the  present  Gov 
ernment, — and  though  I  have  not  the  smallest 
personal  acquaintance  with  him,  I  am  free  to 
say  that  I  believe  him  to  be  one  of  the  most  in 
telligent  and  liberal  of  his  order,  [hear,  hear,} — 
the  Duke  of  Argyle  delivered  a  speech  which 
was  fair  and  friendly  to  the  Government  of  the 
United  States.  Lord  Stanley  [hear,  hear}  only 
a  fortnight  ago  made  a  speech  which  it  is  im 
possible  to  read  without  remarking  the  thought, 
the  liberality,  and  the  wisdom  by  which  it  is 
distinguished.  He  doubted,  it  is  true,  whether 
the  Union  could  be  restored — but  a  man  need 
not  be  hostile,  and  must  not  necessarily  be 
friendly,  to  doubt  that  or  the  contrary — but  he 
spoke  with  fairness  and  friendliness  of  the  Gov 
ernment  of  the  United  States,  and  he  said  they 
were  right  and  justifiable  in  the  course  they 
took,  [hear;]  and  lie  gave  a  piece  of  advice,  now 
more  important  than  it  was  even  at  the  mo 
ment  when  he  gave  it,  that  in  the  various  inci 
dents  and  accidents  of  a  struggle  of  this  nature, 
it  became  a  people  like  this  to  be  very  mod 
erate  and  very  calm,  and  to  avoid  getting  into 
that  feeling  of  irritation  which  sometimes  arises, 
and  sometimes  leads  to  danger.  [Hear,  hear.] 
I  mention  these  two  speeches  as  from  noble 
men  of  great  distinction  in  this  country — 
speeches  which  I  believe  would  have  a  bene 
ficial  effect  on  the  other  side  of  the  Atlantic. 
Lord  John  Russell,  in  the  House  of  Commons 
during  the  last  session,  made  a  speech,  too,  in 
which  he  rebuked  the  impertinence  of  a  young 
member  of  the  House  who  spoke  about  the 
"  bursting  of  the  bubble  Republic."  [Hear, 
hear,  and  cheers.}  It  was  a  speech  worthy  of  the 
best  days  of  Lord  John  Russell.  [Cheers.]  But 
at  a  later  period  he  spoke  at  Newcastle,  on  an 


DOCUMENTS. 


occasion  something  like  this,  when  the  inhabi 
tants,  or  some  portion  of  the  inhabitants  of  that 
town  invited  him  to  a  public  dinner.  He 
described  the  contest  in  words  something  like 
these,  (I  speak  only  from  memory,) — u  That 
the  North  is  contending  for  empire,  and  the 
South  for  independence."  Did  he  mean  that 
the  North  was  contending  for  empire,  as  Eng 
land,  when  making  some  fresh  conquest  in  In 
dia  ?  If  he  meant  that,  what  he  said  was  not 
true.  But  I  recollect  Lord  John  Russell,  in  the 
House  of  Commons  some  years  ago,  on  an  oc 
casion  when  I  had  made  some  observations  as 
to  the  unreasonable  expenditure  of  the  colonies, 
and  complained  that  the  people  of  England 
should  be  taxed  to  defray  the  expenses  which 
the  colonies  themselves  should  be  well  able  to 
bear,  turned  to  me  with  a  sharpness  which  was 
not  necessary,  and  said,  "The  hon.  member  has 
no  objection  to  make  a  great  empire  into  a 
small  one,  but  I  have."  [Loud  cheers  and 
laughter.}  Perhaps  if  he  lived  in  the  United 
States,  if  he  were  a  member  of  the  Senate  or 
House  of  Representatives  there,  he  would  doubt 
whether  it  was  his  duty  to  consent  at  once  to 
the  destruction  of  a  great  country  ;  to  its  sepa 
ration,  it  may  be,  into  two  hostile  camps ;  or 
whether  he  would  not  try  all  means  open  to 
him,  and  open  to  the  Government,  to  avert  so 
unlooked-for  and  so  dire  a  calamity.  There  are 
other  speeches  that  have  been  made.  I  will 
not  refer  to  them  by  any  quotation.  I  will  not, 
out  of  pity  to  some  of  the  men  who  have  ut 
tered  them,  [laughter  and  cheers;]  I  will  not 
bring  their  names  even  before  you,  to  give  to 
them  an  endurance  which  I  hope  they  will  not 
have,  [hear,  hear  ;]  but  I  will  leave  them  in  the 
obscurity  which  they  so  richly  merit.  [Cheers.] 
But  now  you  know  as  well  as  I  do  that  of  all 
the  speeches  made  since  the  end  of  the  session 
of  Parliament  by  public  men  and  politicians, 
the  majority  of  them  displayed  either  strange 
ignorance  of  American  affairs,  or  a  strange  ab 
sence  of  that  cordiality  and  friendship  which,  I 
maintain,  our  American  kinsmen  had  a  right  to 
look  for  at  our  hands.  [Hear,  hear.]  And  if  we 
part  from  the  speakers  and  turn  to  the  writers, 
what  do  we  find  there  ?  We  find  that  which  is 
reputed  abroad,  and  has  hitherto  been  reputed 
at  home  as  the  most  powerful  representative  of 
English  opinion — at  least  of  the  richer  classes 
— we  find  that  in  that  particular  newspaper 
there  has  not  been,  since  Mr.  Lincoln  took 
office  in  March  last  as  President  of  the  United 
States,  one  fair,  and  honorable,  and  friendly 
article  on  American  affairs.  [Hear,  hear.] 
Some  of  you,  I  dare  say,  read  it,  but  fortunate 
ly  now  every  district  is  so  admirably  supplied 
with  local  newspapers,  that  I  trust,  in  all  time 
to  come,  the  people  of  England  will  drink  of 
"  purer  streams  nearer  home,"  [cheers  and  laugh 
ter,]  and  not  from  those  streams  which  are 
muddied  by  party  feeling  and  political  intrigues, 
and  by  many  motives  that  tend  to  any  thing 
rather  than  the  enlightenment  and  advantage 
of  the  people.  Now,  it  has  been  said,  and  by 


that  very  paper,  over  and  over  again,  "  Why- 
tins  war  ?  Why  not  separate  peaceably  ?  Why 
this  fratricidal  strife  ?  "  I  hope  they  will  all  be 
against  "  fratricidal  strife  "  in  other  respects ; 
for,  if  it  is  true  that  God  has  made  of  one  blood 
all  the  families  of  man  to  dwell  on  the  face  of 
all  the  earth,  it  must  be  a  fratricidal  strife, 
whether  we  are  slaughtering  Russians  in  the 
Crimea  or  bombarding  the  towns  on  the  sea- 
coast  of  the  United  States.  [Cheers.]  Now,  no 
one  will  expect  that  I  should  stand  forward  as 
the  advocate  of  war,  or  the  defender  of  that 
great  sum  of  all  crime  which  is  involved  in 
war :  but  when  you  are  discussing  a  question 
of  this  nature,  it  is  only  fair  you  should  discuss 
it  upon  principles  which  are  acknowledged  not 
only  in  the  country  where  the  strife  is  being 
carried  on,  but  all  but  universally  acknowledged 
in  this  country.  When  I  discussed  the  question 
of  the  Russian  war  seven  or  eight  years  ago,  I 
always  discussed  it  on  the  principles  which 
were  avowed  by  the  Government  and  the  peo 
ple  of  England,  and  I  took  my  facts  from  the 
blue  books  which  were  presented  to  Parliament. 
I  take  the  liberty  of  doing  that  now  in  this 
case.  I  say  that,  looking  at  the  principles 
avowed  in  England,  and  at  all  its  policy,  there 
is  no  man  that  is  not  absolutely  a  non-resistant 
in  every  sense,  who  can  fairly  challenge  the 
conduct  of  the  American  Government  in  this 
war.  It  is  a  curious  thing  to  find  that  the  par 
ty  in  this  country  which  on  every  public  ques 
tion  is '  in  favor  of  war  at  any  cost,  when  it 
comes  to  speak  of  the  duty  of  the  Government 
of  the  United  States  is  in  favor  of  "  peace  at 
any  price."  [Hear,  hear.}  I  want  to  know 
whether  it  has  ever  been  admitted  by  politicians 
and  statesmen  or  by  any  people,  that  great 
nations  can  be  broken  up  at  any  time  by  the 
will  of  any  particular  section  of  those  nations? 
It  has  been  tried  occasionally  in  Ireland,  [laugh 
ter,}  and  if  it  had  succeeded,  history  would 
have  said,  with  very  good  cause.  [Hear,  hear.} 
But  if  any  body  tries  now  to  get  up  a  secession, 
or  insurrection  in  Ireland — which  would  be  in 
finitely  less  disturbing  to  every  thing  than  seces 
sion  in  the  United  States,  because  there  is  a 
boundary  which  nobody  can  dispute — I  am 
quite  sure  Tlie  Times  newspaper  would  have 
special  correspondents,  and  would  describe 
with  all  the  glowing  exultation  in  the  world 
the  manner  in  which  the  Irish  insurrectionists 
were  cut  down  and  made  an  end  of.  Let  any 
man  try  in  England  to  restore  the  Heptarchy. 
Do  you  think  that  any  politician  in  this  country 
would  think  it  a  thing  to  be  tolerated  for  a 
moment  ?  But  if  you  will  look  at  the  map  of 
the  United  States,  you  will  see  that  there  is  no 
country  in  the  world,  probably,  at  this  moment, 
where  any  plan  of  separation  between  North 
and  South,  as  far  as  the  question  of  boundary 
is  concerned,  is  so  surrounded  with  insurmount 
able  difficuties.  For  example, — Maryland  is  a 
slave  State,  but  Maryland  has  by  a  very  large 
majority  voted  for  the  Union.  Would  Mary 
land  go  South  or  North  ?  Kentucky  is  a  slave 


8 


REBELLION   RECORD,  1860-61. 


State,  and  one  of  the  finest  in  the  Union,  con- 1 
taining  a  fine  people.  Kentucky  has  voted  for  | 
the  Union,  but  has  been  invaded  from  the  1 
South.  Missouri  is  a  slave  State ;  Missouri  has  I 
not  seceded,  but  has  been  invaded  from  the 
South,  and  there  is  a  secession  party  in  that  j 
State.  There  are  parts  of  Virginia  which  have  \ 
formed  themselves  into  a  new  State,  resolving 
to  adhere  to  the  North,  and  there  is  no  doubt 
a  considerable  Northern  and  Union  feeling  in 
the  State  of  Tennessee ;  and  I  have  no  doubt 
that  there  is  in  every  other  State.  Indeed,  I 
am  not  sure  that  there  is  not  now  within  the 
sound  of  my  voice  a  citizen  of  the  United  States 
[hear,]  a  citizen  of  the  State  of  Alabama,  who 
can  tell  you  that  there  the  question  of  secession 
has  never  been  put  to  the  vote,  and  that  there 
are  great  numbers  of  most  reasonable,  thought 
ful,  and  just  men  in  the  State  who  entirely  de 
plore  the  condition  of  things  there  existing. 
Well,  then,  what  would  you  do  with  all  these 
States,  and  with  what  may  be  called  the  loyal 
portion  of  the  population  of  these  States? 
"Would  you  allow  them  to  be  dragooned  into 
this  insurrection,  and  into  becoming  parts  of  a 
new  State,  to  which  they  themselves  are  hos 
tile  ?  But  what  would  you  do  with  the  city 
of  Washington?  Washington  is  in  a  slave 
State.  Would  anybody  have  advised  President 
Lincoln  and  his  Cabinet,  and  all  the  members 
of  Congress  (House  of  Representatives  and  Sen 
ate)  from  the  North,  with  their  wives  and  chil 
dren,  and  everybody  else  who  was  not  positively 
in  favor  of  the  South,  to  set  off  on  their  melan 
choly  pilgrimage  northward,  leaving  that  capi 
tal — hallowed  to  them  by  such  associations, 
having  its  name  even  from  the  father  of  their 
country — leaving  Washington  to  the  South,  be 
cause  Washington  is  situated  in  a  slave  State  ? 
Again,  what  do  you  say  to  the  Mississippi  River, 
as  you  see  it  upon  the  map,  the  u  father  of  wa 
ters  "  rolling  that  gigantic  stream  to  the  ocean? 
Do  you  think  that  the  fifty  millions  which  one 
day  will  occupy  the  banks  of  that  river,  north 
ward,  will  ever  consent  that  that  great  stream 
should  roll  through  a  foreign,  and,  it  may  be,  a 
hostile  State  ?  And  more,  there  are  four  mill 
ions  of  negroes  in  subjection.  Tor  them  the 
American  Union  is  directly  responsible.  They 
are  not  secessionists ;  they  are  now,  as  they 
always  were,  not  citizens  nor  subjects,  but  le 
gally  under  the  care  and  power  of  the  Govern 
ment  of  the  United  States.  Would  you  consent  j 
that  these  should  be  delivered  up  to  the  tender 
mercies  of  their  task-masters,  the  defenders  of 
slavery  as  an  everlasting  institution?  [Cheers.] 
Well,  if  all  had  been  surrendered  without  a 
struggle,  what  then  ?  What  would  the  writers 
in  this  newspaper  and  other  newspapers  have 
said  ?  If  a  bare  rock  in  your  empire,  that  would 
not  keep  a  goat,  a  single  goat  alive,  be  touched 
by  any  foreign  Power,  why,  the  whole  empire 
is  roused  to  resistance.  And  if  there  be,  from 
accident  or  from  passion,  the  smallest  insult  to 
your  flag,  what  do  your  newspaper  writers  say  i 
upon  that  subject,  and  what  is  said  in  all  your  I 


towns  and  upon  all  your  exchanges  ?  I  will 
tell  you  what  they  would  have  said  if  the  Gov 
ernment  of  the  United  States  and  the  North 
had  taken  their  insidious  and  dishonest  advice. 
They  would  have  said  the  great  Republic  is  a 
failure,  and  Democracy  has  murdered  patriot 
ism,  that  history  atlbrds  no  example  of  such 
meanness,  and  of  such  cowardice,  and  they 
would  have  heaped  unmeasured  obloquy  and 
contempt  upon  the  people  and  Government 
who  had  taken  that  course.  [Loud  cheering.] 
Well,  they  tell  you,  these  candid  friends  of  the 
United  States,  they  tell  you  that  all  freedom  is 
gone ;  that  the  Habeas  Corpus  Act,  if  they 
ever  had  one,  is  known  no  longer ;  and  that  any 
man  may  be  arrested  at  the  dictum  of  the  Pres 
ident  or  of  the  Secretary  of  State.  Well,  but 
in  1848,  you  recollect,  many  of  you,  that  there 
was  a  small  insurrection  in  Ireland.  It  was  an 
absurd  thing  altogether,  but  what  was  done 
then?  I  saw,  in  one  night,  in  the  House  of 
Commons,  a  bill  for  the  suspension  of  the  Ha 
beas  Corpus  Act  passed  through  all  its  stages. 
"What  more  did  I  see  ?  I  saw  a  bill  brought  in 
by  the  Whig  Government  of  that  day,  Lord 
John  Russell  being  the  Premier,  which  made 
speaking  against  the  Government  and  against 
the  Crown,  which  up  to  that  time  had  been  se 
dition,  which  proposed  to  make  it  felony,  and  it 
was  only  by  the  greatest  exertions  of  a  few  of 
the  members  that  that  act,  in  that  particular, 
was  limited  to  a  period  of  two  years.  In  the 
same  session  a  bill  was  brought  in,  called  an 
Alien  Bill,  which  enabled  the  Home  Secretary 
to  take  any  foreigner  whatsoever,  not  being  a 
naturalized  Englishman,  arid  in  24  hours  to  send 
him  out  of  the  country.  Although  a  man 
might  have  committed  no  crime,  this  might  be 
done  to  him,  apparently  only  on  suspicion.  But 
suppose  that  an  insurgent  army  had  been  so 
near  to  London  that  you  could  see  its  outposts 
from  every  suburb  of  London — what  then  do 
you  think  would  have  been  the  regard  of  the 
Government  of  Great  Britain  for  personal  liber 
ty,  if  it  interfered  with  the  necessity,  and,  as 
they  might  think,  with  the  salvation  of  the 
State?  I  recollect,  in  1848,  when  the  Habeas 
Corpus  Act  was  suspended,  that  a  number  of 
persons  in  Liverpool,  men  there  of  position  and 
of  wealth,  presented  a  petition  to  the  House  of 
Commons,  praying — what?  That  the  Habeas 
Corpus  Act  should  not  be  suspended  ?  No,  but 
because  they  were  not  content  with  its  suspen 
sion  in  Ireland,  praying  the  House  of  Commons 
to  extend  that  suspension  to  Liverpool.  [Laugh 
ter]  I  recollect  that  at  that  time — and  I  am 
sure  my  friend  Mr.  Wilson  will  bear  me  out  in 
what  I  say — the  Mayor  of  Liverpool  tele 
graphed  to  the  Mayor  of  Manchester,  and  mes 
sages  were  sent  on  to  London  nearly  every 
hour,  and  the  Mayor  of  Manchester  heard  from 
the  Mayor  of  Liverpool  that  certain  Irishmen  in 
Liverpool,  conspirators,  or  fellow-conspirators, 
with  those  in  Ireland,  were  going  to  burn  the 
cotton  warehouses  of  Liverpool  and  the  cotton 
mills  of  Lancashire.  [Laughter.]  And  I  read 


DOCUMENTS. 


9 


that  petition.  I  took  it  from  the  table  of  the 
House  of  Commons  and  read  it,  and  I  handed 
it  over  to  a  statesman  of  great  eminence,  who 
has  been  but  just  removed  from  us — a  man  not 
second  to  any  in  the  House  of  Commons  for  his 
knowledge  of  affairs  and  for  his  great  capacity 
— I  refer  to  Sir  James  Graham  [hear,  hear] — I 
handed  to  him  this  petition  He  read  it ;  and 
after  lie  had  read,  he  rose  from  his  seat,  and 
laid  it  upon  the  table  with  a  gesture  of  abhor 
rence  and  disgust.  [Loud  cheers.]  Now,  that 
was  a  petition  from  the  town  of  Liverpool,  in 
which  some  persons  have  lately  been  making 
themselves  very  ridiculous  by  their  conduct  in 
this  matter.  [Hear,  hear.]  There  is  one  more 
point.  It  has  been  said,  "  How  much  better  it 
would  be  " — riot  for  the  United  States,  but — 
"  for  us,  that  these  States  should  be  divided."  I 
recollect  meeting  a  gentleman  in  Bond  street  one 
day,  before  the  session  was  over — a  rich  man, 
and  one  whose  voice  is  very  much  heard  in  the 
House  of  Commons  ;  but  his  voice  is  not  heard 
there  when  he  is  on  his  legs,  but  when  he  is 
cheering  other  speakers,  [laughter,]  and  he  said 
to  me,  "  After  all,  this  is  a  sad  business  about 
the  United  States ;  but  still  I  think  it  is  very 
much  better  that  they  should  be  split  up.  In 
twenty  years  "  (or  in  fifty  years,  I  forget  which 
it  was)  "  they  will  be  so  powerful  that  they  will 
bully  all  Europe."  [Laughter.]  And  a  distin 
guished  member  of  the  House  of  Commons — 
distinguished  there  by  his  eloquence,  distin 
guished  more  by  his  many  writings — I  mean 
Sir  Edward  Bulvver  Lytton — he  did  not  exact 
ly  express  a  hope,  but  he  ventured  on  some 
thing  like  a  prediction,  that  the  time  would 
come  when  there  would  be,  I  don't  know  how 
many,  but  as  many  Republics  or  States  in 
America  as  you  can  count  upon  your  fingers. 
There  cannot  be  a  meaner  motive  than  this 
that  I  am  speaking  of,  in  forming  a  judgment 
on  this  question — that  it  is  u  better  for  us ;  " 
for  whom  ?  the  people  of  England,  or  the  Gov 
ernment  of  England  ? — that  the  United  States 
should  be  severed,  and  that  that  continent 
should  be  as  the  continent  of  Europe  is,  in 
many  States,  and  subject  to  all  the  contentions 
and  disasters  which  have  accompanied  the  his 
tory  of  the  States  of  Europe.  [Applause.]  I 
should  say  that  if  a  man  had  a  great  heart 
within  him  he  would  rather  look  forward  to 
the  day  when,  from  that  point  of  land  which  is 
habitable  nearest  to  the  Pole  to  the  shores  of 
the  Great  Gulf,  the  whole  of  that  vast  conti 
nent  might  become  one  great  federation  of 
States — that,  without  a  great  army  and  without 
a  great  navy,  not  mixing  itself  up  with  the  en 
tanglements  of  European  politics — without  a 
custom-house  inside  through  the  whole  length 
and  breadth  of  its  territory,  but  with  freedom 
everywhere,  equality  everywhere,  law  every 
where,  peace  everywhere — would  afford  at  last 
some  hope  that  man  is  not  forsaken  of  Heaven, 
and  that  the  future  of  our  race  might  be  better 
than  the  past.  [Prolonged  cheering.]  It  is  a 
common  observation  that  our  friends  in  Amer 


ica  are  very  irritable.  Well,  I  think  it  is  very 
likely,  of  a  considerable  number  of  them,  to  be 
quite  true.  Our  friends  in  America  are  in 
volved  in  a  great  struggle.  There  is  nothing 
like  it  before  in  their  history.  No  country  in 
the  world  was  ever  more  entitled,  in  iny  opin 
ion,  to  the  sympathy  and  the  forbearance  of  all 
friendly  nations  than  are  the  United  States  at 
this  moment.  [Hear,  hear.]  They  have  there 
newspapers  that  are  no  wiser  than  ours. 
[Laughter.]  They  have  there  some  papers, 
one  at  least,  which,  up  to  the  election  of  Mr. 
Lincoln,  were  his  bitterest  and  unrelenting  foes, 
but  when  the  war  broke  out,  and  it  was  not 
safe  to  take  the  line  of  Southern  support,  were 
obliged  to  turn  round  and  to  support  the  prev 
alent  opinion  of  the  country.  But  they  un 
dertook  to  serve  the  South  in  another  way, 
and  that  was  by  exaggerating  every  difficulty, 
and  mis-stating  every  fact,  if  so  doing  could 
serve  their  object  of  creating  distrust  between 
the  people  of  the  Northern  States  and  the  peo 
ple  of  this  United  Kingdom.  [Hear,  hear.]  If 
The  Times,  in  this  country,  has  done  all  that  it 
could  to  poison  the  minds  of  the  people  of 
England,  and  to  irritate  the  minds  of  the  people 
of  America,  the  New  York  Herald,  I  am  sorry 
to  say,  has  done,  I  think,  all  that  it  could,  or 
that  it  dared,  to  provoke  mischief  between  the 
Government  in  Washington  and  the  Govern 
ment  in  London.  [Hear,  hear.]  Now  there  is 
one  thing  which  I  must  state,  that  I  think  they 
have  a  solid  reason  to  complain  of;  and  I  am 
very  sorry  to  have  to  mention  it,  because  it 
blames  our  present  Foreign  Minister,  against 
whom  I  am  not  anxious  to  say  a  word,  and, 
recollecting  his  speech  in  the  House  of  Com 
mons,  I  should  be  slow  to  conclude  that  he  had 
any  feeling  hostile  to  the  United  States  Gov 
ernment.  You  recollect  that  during  the  session 
— it  was  on  the  14th  of  May — a  proclamation 
came  out  which  acknowledged  the  South  as  a 
belligerent  Power,  and  proclaimed  the  neutral 
ity  of  England.  A  little  time  before  that — I 
forget  how  many  days — Mr.  Dallas,  the  late 
Minister  from  the  United  States,  had  left  Lon 
don  for  Liverpool  and  for  America.  He  did 
not  wish  to  undertake  any  affairs  for  this  Gov 
ernment,  by  which  he  was  not  appointed — I 
mean  that  of  President  Lincoln — and  he  left 
what  had  to  be  done  to  his  successor,  who  was 
on  his  way,  and  whose  arrival  was  daily  ex 
pected.  Mr.  Adams,  the  present  Minister  from 
the  United  States,  is  a  man  who,  if  he  lived  in 
England,  you  would  say  was  one  of  the  noblest 
families  of  the  country.  I  think  his  father  and 
his  grandfather  were  Presidents  of  the  United 
States.  His  grandfather  was  one  of  the  great 
men  who  achieved  the  independence  of  tbo 
United  States.  There  is  no  family  in  that  coun 
try  having  more  claims  upon  what  I  should 
call  the  veneration  and  the  affection  of  £he 
people  than  the  family  of  Mr.  Adams.  Mr. 
Adams  came  to  this  country.  He  arrived  in 
London  on  the  night  of  the  13th  of  May.  On 
the  14th  that  proclamation  was  issued.  It  was 


10 


REBELLION  RECORD,    1800-61. 


known  that  lie  was  coming;  but  he  was  not 
consulted  ;  the  proclamation  was  not  delayed 
for  a  day,  although  nothing  pressed  that  he 
might  be  notified  about  it.  If  communications 
of  a  friendly  nature  had  taken  place  with  him 
and  with  the  American  Government,  they 
could  have  found  no  fault  with  this  step,  be 
cause  it  was  almost  inevitable,  before  the  strug 
gle  had  proceeded  far,  that  this  proclamation 
would  be  issued.  But  I  have  the  best  reasons 
for  knowing  that  there  is  no  single  thing  that 
has  happened  during  the  course  of  these  events 
which  has  created  more  surprise,  more  irrita 
tion,  and  more  distrust  in  the  United  States 
with  respect  to  this  country,  than  the  fact  that 
that  proclamation  did  not  wait  one  single  day 
until  the  Minister  from  America  could  come 
here,  and  until  it  could  be  done  with  his  con 
sent  or  concurrence,  and  in  that  friendly  man 
ner  that  would  have  avoided  all  the  unpleasant 
ness  which  has  occurred.  [Hear,  hear.]  Now, 
I  am  obliged  to  say — and  I  say  it  with  the  ut 
most  pain — that  without  this  country  doing 
tilings  that  were  hostile  to  the  North,  and 
without  men  expressing  affection  for  slavery, 
and  outwardly  and  openly  hatred  for  the  Union 
— I  say  that  there  has  not  been  here  that 
friendly  and  cordial  neutrality  which,  if  I  had 
been  a  citizen  of  the  United  States,  I  should 
have  expected  ;  and  I  say  further,  that  if  there 
has  existed  considerable  irritation  at  that,  it 
must  be  taken  as  a  measure  of  the  high  appre 
ciation  which  the  people  of  those  States  place 
upon  the  opinion  of  the  people  of  England. 
[Hear,  hear.}  If  I  had  been  addressing  this 
audience  ten  days  ago,  so  far  as  I  know,  I 
should  have  said"  just  what  I  have  said  now ; 
and,  although  by  au  untoward  event  circum 
stances  are  somewhat,  even  considerably,  al 
tered,  yet  I  have  thought  it  desirable  to  make 
this  statement,  with  a  view,  so  far  as  I  am  able 
to  do  it,  to  improve  the  opinion  in  England, 
and  to  assuage,  if  there  be  any,  the  feelings  of. 
irritation  in  America,  so  that  no  further  diffi 
culties  may  arise  in  the  progress  of  this  unhap 
py  strife.  [Hear,  hear.}  But  there  has  occurred 
an  event  which  was  announced  to  us  only  a 
week  ago,  which  is  one  of  great  importance, 
and  it  may  be  one  of  some  peril.  [Hear,  hear.} 
It  is  asserted  that  what  is  called  "  International 
Law  "  has  been  broken  by  the  seizure  of  the 
Southern  Commissioners  on  board  an  English 
trading  steamer,  by  a  steamer  of  war  of  the 
United  States.  Now,  what  is  maritime  law? 
You  have  heard  that  the  opinions  of  the  law 
officers  of  the  Crown  are  in  favor  of  this  view 
of  the  case— that  the  law  has  been  broken.  I 
arn  not  at  all  going  to  say  that  it  has  not.  It 
would  be  imprudent  in  me  to  set  my  opinion 
on  a  legal  question  which  I  have  only  partially 
examined  against  their  opinion  on  the  same 
question,  which  I  presume  they  have  carefully 
examined.  But  this  I  say,  that  maritime  law 
is  not  to  be  found  in  an  Act  of  Parliament ;  it 
is  not  in  so  many  clauses.  You  know  that  it  is 
difficult  to  find  the  law.  I  can  ask  the  mayor, 


or  any  magistrate  around  me,  whether  it  is  not 
very  difficult  to  find  the  law,  even  when  you 
have  found  the  Act  of  Parliament  and  found 
the  clause.  [Laughter.}  But  when  you  have 
no  Act  of  Parliament  and  no  clause,  you  may 
imagine  that  the  case  is  still  more  difficult. 
[Hear,  hear.}  Maritime  law,  or  international 
law,  consists  of  opinions  and  precedents  for  the 
most  part,  and  it  is  very  unsettled.  The  opin 
ions  are  the  opinions  of  men  of  different  coun 
tries,  given  at  different  times,  and  the  prece 
dents  are  not  always  like  each  other.  The  law- 
is  very  unsettled,  and,  for  the  most  part,  I  be 
lieve  it  to  be  exceedingly  bad.  In  past  times, 
as  you  know  from  the  histories  you  read,  this 
country  has  been  a  fighting  country  ;  we  have 
been  belligerents,  and,  as  belligerents,  we  have 
carried  maritime  law,  by  our  own  powerful 
hand,  to  a  pitch  that  has  been  very  oppressive 
to  foreign,  arid  peculiarly  to  neutral,  nations. 
Now,  almost  for  the  first  time,  unhappily,  in 
our  history  for  the  last  two  hundred  years,  we 
are  not  belligerents,  but  neutrals ;  and  we  are  dis 
posed  to  take,  perhaps,  rather  a  different  view  of 
maritime  and  international  law.  The  act  which 
has  been  committed  by  the  American  steamer  in 
my  opinion,  whether  it  was  illegal  or  not,  was 
both  impolitic  and  bad.  That  is  my  opinion. 
I  think  it  may  turn  out,  and  is  almost  certain, 
that,  so  far  as  the  taking  those  men  from  that 
ship  was  concerned,  it  was  wholly  unknown 
to  and  unauthorized  by  the  American  Govern 
ment.  And  if  the  American  Government  be 
lieve,  on  the  opinion  of  their  law  officers,  that 
the  act  is  illegal,  I  have  no  doubt  they  will 
make  fitting  reparation ;  for  there  is  no  Gov 
ernment  in  the  world  that  has  so  strenuously 
insisted  upon  modifications  of  international 
law,  and  be-en  so  anxious  to  be  guided  always 
by  the  most  moderate  and  merciful  interpreta 
tion  of  that  law.  Our  great  advisers  of  The 
Times  newspaper  have  been  persuading  people 
that  this  is  merely  one  of  a  series  of  acts  which 
denote  the  determination  of  the  Washington 
Government  to  pick  a  quarrel  with  the  people 
of  England.  But  did  you  ever  know  anybody, 
who  was  not  very  near  dead  drunk,  who,  hav 
ing  as  much  upon  his  hands  as  lie  could  man 
age,  would  offer  to  fight  everybody  about 
him?  [Prolonged  laughter  and  cheering.}  Do 
you  believe  that  the  United  States  Govern 
ment,  presided  over  by  President  Lincoln,  so 
constitutional  in  all  his  acts,  so  moderate  as  he 
has  been,  representing,  at  this  moment,  that 
great  party  in  the  United  States,  happily  now 
in  the  ascendency,  which  has  always  been 
specially  in  favor  of  peace,  and  specially  in  fa 
vor  of  England — do  you  believe  that  that  Gov 
ernment,  having  upon  its  hands  now  an  insur 
rection  of  the  most  formidable  character  in  the 
South,  would  invite  the  armies  and  the  fleets 
of  England  to  combine  with  that  insurrection, 
and  it  might  be — though  it  did  exasperate  the 
struggle — render  it  impossible  that  the  Union 
should  ever  again  be  restored  ?  [Loud  cheers.} 
I  say  that  single  statement,  whether  it  came 


DOCUMENTS. 


11 


from  a  public  writer  or  a  public  speaker,  is 
enough  to  stamp  him  forever  with  the  charac 
ter  of  being  an  insidious  enemy  of  both  coun 
tries.  [Cheers.]  Well,  what  have  we  seen 
during  the  last  week  ?  People  have  not  been, 
I  am  told — I  have  not  seen  much  of  it — quite 
so  calm  as  sensible  men  should  be.  Here  is  a 
question  of  law.  I  will  undertake  to  say  that 
when  you  have  from  the  United  States  Govern 
ment — 'if  they  think  the  act  legal — a  statement 
of  their  view  of  the  case,  they  will  show  you 
that  fifty  or  sixty  years  ago,  during  the  wars  of 
that  time,  there  were  scores  of  cases  that  were 
at  least  as  bad  as  this,  and  some  infinitely 
worse.  And,  if  it  were-not  so  late  to-night,  and 
I  am  not  anxious  now  to  go  into  this  question 
further,  I  could  easily  place  before  you  cases 
of  wonderful  outrage,  committed  by  us  when 
we  were  at  war,  and  for  many  of  which,  I  am 
afraid,  little  or  no  reparation  was  offered.  But 
let  us  bear  this  in  mind,  that  during  this  strug 
gle  "incidents  and  accidents"  will  happen. 
Bear  in  mind  the  advice  of  Lord  Stanley,  so 
opportune  and  so  judicious.  Don't  let  your 
newspapers  or  your  public  speakers,  or  any 
man,  take  you  off  your  guard,  and  bring  you 
into  that  frame  of  mind  under  which  your 
Government,  if  it  desires  war,  can  have  it  with 
the  public  assent,  or,  if  it  does  not  desire  war, 
may  be  driven  to  engage  in  it ;  for  one  may  be 
as  evil  and  as  fatal  as  the  other.  What  can  be 
now  more  monstrous  than  that  we,  as  we  call 
ourselves,  to  some  extent,  an  educated,  a  moral, 
and  a  Christian  nation — at  a  moment  when  an 
accident  of  this  kind  occurs,  before  we  have 
made  a  representation  to  the  American  Gov 
ernment,  before  we  have  heard  a  word  from 
them  in  reply — should  be  all  up  in  arms,  every 
sword  leaping  from  its  scabbard,  and  every 
man  looking  about  for  his  pistols  and  his  blun 
derbusses?  [Cheers.]  Why,  I  think  the  con 
duct  pursued — and  I  have  no  doubt  it  is  pur 
sued  by  a  certain  class  in  America  just  the  same 
— is  much  more  the  conduct  of  savages  than 
of  Christian  and  civilized  men.  No,  let  us  be 
calm.  [Hear,  hear.]  You  recollect  how  we  were 
dragged  into  the  Russian  war — "  drifted  "  into 
it.  [Cheers.]  You  know  that  I,  at  least,  have 
not  upon  my  head  any  of  the  guilt  of  that  fear 
ful  war.  [Hear,  hear.]  You  know  that  it  cost 
one  hundred  millions  of  money  to  this  country ; 
that  it  cost,  at  least,  the  lives  of  40,000  English 
men  ;  that  it  disturbed  your  trade ;  that  it 
nearly  doubled  the  armies  of  Europe ;  that  it 
placed  the  relations  of  Europe  on  a  much  less 
peaceful  footing  than  before ;  and  that  it  did 
not  effect  one  single  thing  of  all  those  that  it 
was  promised  to  effect.  [Cheers.]  I  recollect 
speaking  on  this  subject  within  the  last  two 
years  to  a  man  whose  name  I  have  already 
mentioned — Sir  J.  Graham — in  the  House  of 
Commons.  He  was  a  Minister  at  the  time  of 
that  war.  He  was  reminding  me  of  a  severe 
onslaught  which  I  had  made  upon  him  and 
Lord  Palmerston  for  attending  a  dinner  of  the 


Reform  Club,  when  Sir  C.  Napier  was  appoint 
ed  to  the  command  of  the  Baltic  fleet,  and  he 
remarked,  "  What  a  severe  thrashing  " — [laugh 
ter] — I  had  given  them  in  the  House  of  Com 
mons.     I  said,  "Sir  James,  tell  me  candidly, 
did  you  not  deserve  it  ?  "    He  said,  "  Woll,  you 
were  entirely  right  about  that  war ;  we  were 
entirely  wrong,  and  we  never  should  have  gone 
into  it."     [Loud  cheers.]     And  this  is  exactly 
what  everybody  will  say,  if  you  go  into  a  war 
about  this  business,  when  it  is  over.     When 
your  sailors  and  your  soldiers,  so  many  of  them 
as  may  be  slaughtered,  are  gone  to  their  last 
account ;  when  your  taxes  are  increased,  your 
business  permanently,  it  may  be,  injured ;  and 
when  embittered  feelings  for  generations  have 
been  created  between  America  and  England, 
then  your  statesmen  will  tell  you  that  "  we 
ought  not  to  have  gone  into  the  war."  [Cheers.] 
But  they  will  very  likely  say,  as  many  of  them 
tell  me,  "  What  could  we  do  in  the  frenzy  of 
the  public  mind  ?  "     Let  them  not  add  to  the 
frenzy,  [hear,  hear,]  and  let  us  be  careful  that 
nobody  drives  us  into  that  frenzy.    Remember 
ing  the  past,  remembering  at  this  moment  the 
perils  of  a  friendly  people,  and  seeing  the  diffi 
culties  by  which  they  are  surrounded,  let  us,  I 
entreat  of  you,  see  if  there  be  any  real  modera 
tion  in  the  people  of  England,  and  if  magna- 
1  nimity,  so  often  to  be  found  among  individuals, 
;  is  not  absolutely  wanting  in  a  great  nation. 
[Great  cheering.]  Government  may  discuss  this 
I  matter — they  may  arrange  it— they  may  arbi- 
!  trate  it.     I  have  received  here,  since  I  came 
|  into  the  room,  a  despatch  from  a  friend  of  mine 
in  London,  referring  to  this  question.    I  believe 
some  portion  of  it  is  in  the  papers  this  evening, 
but  I  have  not  seen  them.     But  he  states  that 
General  Scott,  whom  you  know  by  name,  who 
has  come  over  from  America  to  France,  being 
in  a  bad  state  of  health,  the  General,  lately,  of 
!  the  American  army,  and  a  man  of  reputation 
!  in  that  country  not  second  hardly  to  that  which 
'  the  Duke  of  Wellington  held  during  his  lifetime 
i  in  this  country,  General  Scott  has  written  a 
J  letter  on  the  American  difficulty.     He  denies 
that  the  Cabinet  of  Washington  had  ordered 
the   seizure  of  the   Southern   Commissioners, 
even  if  under  a  neutral  flag.     The  question  of 
lc.^al  right  involved  in  the  seizure  the  General 
thinks  a  very  narrow  ground  on  which  to  force 
a  quarrel  with  the  United  States.  As  to  Messrs. 
!  Slidell  and  Mason  being  or  not  being  contra- 
!  band,  the  General  answers  for  it  that,  if  Mr. 
Seward  cannot  convince  Earl  Russell  that  they 
I  bore  that  character,  Earl  Russell  will  be  able  to 
I  convince  Mr.  Seward  that  they  did  not.     II« 
i  pledges  himself  that  if  this  Government  cor 
dially  agree  with  that  of  the  United  States  in 
establishing  the  immunity  of  neutrals  from  the 
oppressive  right  of  search  and  seizure  on  suspi 
cion,  the  Cabinet  of  Washington  will  not  hesi 
tate  to  purchase  so  great  a  boon  to  peaceful 
trading  vessels.    [Great  cheering.]    Before  I  sit 
i  down,  let  me  ask  what  is  this  people,  about 


12 


REBELLION  RECORD,    1860-61. 


•which  so  many  men  in  England  at  this  moment 
are  writing,  and  speaking,  and  thinking,  with 
harshness,  with  injustice,  if  not  with  great  bit 
terness  ?  Two  centuries  ago  multitudes  of  the 
people  of  this  country  found  a  refuge  on  the 
North  American  continent,  escaping  from  the 
tyranny  of  the  Stuarts,  and  from  the  bigotry 
of  Laud.  Many  noble  spirits  from  our  country 
endeavored  to  establish  great  experiments  in 
favor  of  human  freedom  on  that  continent. 
Bancroft,  the  greatest  historian  of  his  own 
country,  has  said,  in  his  own  graphic  and  em 
phatic  language,  "  The  history  of  the  coloniza 
tion  of  America  is  the  history  of  the  crimes  oC 
Europe."  [Hear,  hear.}  From  that  time  dowh\ 
to  our  own  period,  America  has  admitted  the 
wanderers  from  every  clime.  Since  1815,  a 
time  which  many  here  remember,  and  which 
is  within  my  lifetime,  more  than  three  millions 
of  persons  have  emigrated  from  the  United 
Kingdom  to  the  United  States.  During  the  fif 
teen  years  from  1845  or  1846  to  1859  or  1860,  a 
time  so  recent  that  we  all  remember  the  events, 
even  the  most  trivial  circumstances  that  have 
happened  in  that  time — during  those  fifteen 
years,  more  than  2,820,000  persons  left  the 
shores  of  the  United  Kingdom  as  emigrants  for 
the  States  of  North  America.  At  this  very 
moment,  then,  there  are  millions  in  the  United 
States  who  personally,  or  whose  immediate 
parents,  have  at  one  time  been  citizens  of  this 
country,  and  perhaps  known  to  some  of  the 
oldest  of  those  whom  I  am  now  addressing. 
They  found  a  home  in  the  far  West ;  they  sub 
dued  the  wilderness;  they  met  with  plenty 
there,  which  was  not  afforded  them  in  their 
native  country ;  and  they  are  become  a  great 
people.  There  may  be  those  persons  in  Eng 
land  who  are  jealous  of  the  States.  There  may 
be  men  who  dislike  Democracy,  and  who  hate 
a  Republic ;  there  may  be  even  those  whose 
sympathies  warm  towards  the  slave  oligarchy 
of  the  South.  But  of  this  I  am  certain,  that 
only  misrepresentation  the  most  gross,  or  ca 
lumny  the  most  wicked,  can  sever  the  tie  which 
unites  the  great  mass  of  the  people  of  this 
country  with  their  friends  and  brethren  beyond 
the  Atlantic.  [Loud  cheers.}  Whether  the  Union 
will  be  restored  or  not,  or  the  South  will  achieve 
an  unhonored  independence  or  not,  I  know  not, 
and  I  predict  not.  But  this  I  think  I  know — 
that  in  a  few  years,  a  very  few  years,  the  twen 
ty  millions  of  free  men  in  the  North  will  be  thir 
ty  millions,  or  even  fifty  millions — a  popula 
tion  equal  to  or  exceeding  that  of  this  kingdom. 
[Hear,  hear.]  When  that  time  comes,  I  pray 
that  it  may  not  be  said  among  them  that  in  the 
darkest  hour  of  their  country's  trials,  England, 
the  land  of  their  fathers,  looked  on  with  icy 
coldness,  and  saw  unmoved  the  perils  and  the 
calamities  of  her  children.  [Cheers.]  As  for 
me,  I  have  but  this  to  say, — I  am  one  in  this 
audience,  and  but  one  in  the  citizenship  of  this 
country ;  but  if  all  other  tongues  are  silent, 
mine  shall  speak  for  that  policy  which  gives 


hope  to  the  bondsmen  of  the  South,  and  tends 
to  generous  thoughts,  and  generous  words,  and 
generous  deeds,  between  the  two  great  nations 
that  speak  the  English  language,  and  from  their 
origin  are  alike  entitled  to  the  English  name. 
[Great  cheering.] 


LONDON  TIMES  ON   THE    SPEECIT. 

In  any  great  crisis  we  are  always  anxious  to 
hear  Mr.  Bright.     His  speech  is  waited  for  as  a 
necessary  preliminary  to  action.     If  insult  has 
been  done  to  us  as  a  nation,  if  our  commercial 
interests  require   a  definite  course  of  policy, 
and  if  the  country  is  unanimous  and  we  have 
all  thoroughly  made  up  our  minds,  we  then 
nstinctively  pause,  and  wait  for  the  speech  of 
ohn  Bright.    They  do  the  same  thing  at  Rome 
vhen  they  have  resolved  to  canonize  a  saint, 
here  is  a  Devil's  advocate,  whose  duty  it  is  to 
>our  cold  water  upon  the  general  enthusiasm, 
,nd  to  show  that  the  proposed  saint,  instead 
if  being  better,  was  rather  worse  than  other 
leople.     It  is  a  very  useful  institution,    and 
herefore  we  have  been  always  foremost  in 
upporting  that  great  analogous  British  insti 
tution,  John  Bright.     The  Irishman  of  tender 
conscience  before  he  went  to  confession  used 
to  beat  his  wife  in  order  that,  in  her  wrath, 
she  might  remind  him  of  all  his  sins.    We  have 
no  necessity  for  any  such  cruelty  towards  our 
political  shrew,  for  without  any  especial  provo 
cation  he  is  always  ready  to  recapitulate  at  the 
shortest  possible  notice  all  that  can   be   said 
against  England  and  in  favor  of  her  enemies. 
Something  has  been  wanting  hitherto  in  the 
discussions  as  to  America.     The  rights  of  the 
question  seemed  to  be  all  one  way.     The  state 
ments  on  the  other  side  all  turned  out  to  be 
forged  history  and  the  arguments  false  reason 
ing.     Yet  we  were  not  quite  satisfied.     Every 
one  waited  for  John  Bright's  speech.     From 
somewhere  or  other  it  was  sure  to  come,  and 
until  it  had  been  delivered  it  was  not  safe  to 
predicate  that  all  that  could  possibly  be  alleged 
against  this  country  had  been  said. 

This  event  has  at  length  come  off.  Mr. 
Bright  has  done  his  accustomed  office  at  Roch 
dale.  We  are  sorry  to  find  that  he  was  con 
strained  to  be  so  careful  in  his  choice.  Speak 
ing  upon  so  vast  a  question  as  that  of  peace  or 
war  with  one  of  the  powers  of  North  America, 
it  might  be  expected  that  he  would  have 
chosen  some  conspicuous  arena.  Manchester, 
which  made  him  a  great  public  character;  Bir 
mingham,  which  sends  him  to  Parliament ;  or 
London,  which  might  afford  an  audience  where 
wealth  and  intelligence  would  have  mingled, 
might  either  of  them  have  been  some  test  of 
the  general  mind.  Rochdale,  however,  is  a 
mere  nest  of  furnaces,  and  has  no  communion 
of  sentiment  with  the  country  around,  nor  the 
least  possible  influence  over  the  public  opinion 
of  the  country  generally.  Perhaps  it  is  not 
here  a  matter  of  much  importance  where  Mr. 


DOCUMENTS. 


13 


Bright  speaks,  but,  as  he  speaks  less  for  Eng 
land  than  for  the  foreign  newspapers,  it  is 
as  well  our  neighbors  should  know  that  the 
sentiments  which  Mr.  Bright  wishes  to  dis 
seminate  just  now  are  not  those  which  he 
thinks  it  convenient  to  speak  either  in  his  own 
borough  or  in  any  of  the  great  cities  of  the 
kingdom.  It  might  sometimes  appear  that  he 
fancied  while  speaking  he  was  delivering  his 
speech,  as  he  said,  "  in  the  city  of  Boston,  or 
the  city  of  New  York."  But  he  has  delivered 
himself  of  that  which  we  wished  to  hear ;  and 
now,  having  heard  the  Devil's  advocate,  we 
can  rest  in  comfortable  security  that  there  is 
nothing  untold  which  can  be  said  against  us 
and  our  country.  By  far  the  larger  portion  of 
Mr.  Bright's  speech  is  made  up  of  an  elaborate 
defence  of  the  enterprise  of  the  Northern 
States  to  conquer  and  subdue  the  Southern 
States.  AVith  this  we  submit  that  we,  as  mere 
neutrals,  have  nothing  to  do,  and  Mr.  Bright, 
as  a  peace  man,  has  still  less  to  do.  An  apol 
ogy  for  the  wholesale  manslaughter  which  now 
infests  the  frontier  States  and  desolates  vast 
provinces  is  creditable  to  the  zeal  of  Mr.  Bright 
rather  than  to  his  humanity.  It  is  nothing, 
however,  to  us.  If  Mr.  Bright  chooses  to  ride 
in  blood  up  to  his  saddle-girths  to  put  down 
the  rebellious  South,  and  to  cry  aloud  and 
spare  not,  we  have  nothing  to  say  against  it, 
except  to  remark  that  the  old  Pennsylvanian 
leaven  of  intolerance  appears  to  be  extant  in 
high  preservation,  and  that  it  seems  a  pity  Mr. 
Bright's  energy  and  unscrupulous  determina 
tion  do  not  rule  in  the  White  House,  instead 
of  amusing  a  sixth-rate  provincial  town  in  Eng 
land.  We,  however,  are  neutrals.  It  is  for 
Mr.  Bright  to  break  neutrality,  and  to  advocate 
the  taking  a  part  with  one  of  these  belligerents. 
It  is  for  Mr.  Bright  to  taunt  every  one  who 
will  not  do  a  dishonest  thing  with  a  want  of 
kindliness  and  sympathy.  We  have  with  an 
almost  judicial  impartiality  cautiously  refrained 
from  siding  with  either  faction,  and  when  Mr. 
Bright  affirms  that  "  The  Times  in  this  country 
has  done  all  that  it  could  to  poison  the  minds 
of  the  people  of  England,  and  to  irritate  the 
minds  of  the  people  of  America,"  we  appeal  at 
once  to  a  public  which  is  not  very  oblivious  as 
to  what  appears  in  these  columns,  whether  Mr. 
Bright  has  not  publicly  said  that  which  is  the 
opposite  to  the  truth.  If  we  have  sinned  on 
either  side,  it  was  in  placing  the  worse  side  of 
our  own  case  forward  while  the  public  indigna 
tion  was  yet  rising,  and  when  the  law  authori 
ties  had  not  yet  determined  the  questions  of 
international  law.  While  the  rights  of  the  case 
were  doubtful  we  felt  that  it  was  our  duty  to 
moderate,  and  not  to  excite,  the  popular  feel 
ing.  General  Scott  himself  has  found  the  best 
support  for  his  own  weak  defence  of  what  has 
happened  in  a  quotation  from  our  first  obser 
vations  upon  the  intelligence  of  the  outrage 
to  our  flag  We  have  every  wish  to  give  a 


patient  hearing  to  the  Devil's  advocate,  but  we 
object  to  his  concentrating  those  things  where 
of  his  client  is  the  father  entirely  upon  us.  We 
may  not,  perhaps,  be  prepared  to  accept  Mr. 
Bright's  creed  as  to  the  Yankee  millennium, 
and  to  hound  on  the  North  to  exterminate  the 
South — as  if  the  Anglo-Saxons  of  the  South 
were  not  as  much  our  kinsmen  as  the  mixed 
races  of  the  North ;  but  we  do  not  therefore 
accept  the  accusation  that  u  the  leading  jour 
nal  has  not  published  one  fair,  honorable,  or 
friendly  article  toward  the  States  since  Lin 
coln's  accession  to  office."  We  have  from  the 
first  adovcated  moderation,  humanity,  and 
peace.  We  have  from  the  first  deprecated  a 
fratricidal  war.  WTe  have  shrunk  from  the 
sanguinary  energy  of  the  peace  apostle  of 
Eochdale,  who  has  now  learned  to  translate  the 
advocacy  of  murder  and  massacre  by  the  words 
"  fairness,"  "  honor,"  and  "  friendship."  We 
have  been  content  to  stand  aloof,  and  simply 
to  recommend  both  parties  to  try  negotiation, 
arbitration — any  thing  rather  than  a  sanguinary 
civil  war. 

It  is  much  to  be  feared  that  the  portion  of 
Mr.  Bright's  speech  which  relates  to  the  ques 
tion  in  dispute  between  the  Federal  States  and 
this  country  will  be  by  many  considered  to 
partake  too  much  of  the  character  of  buffoon 
ery  to  be  upon  a  level  with  the  importance  of 
the  subject.  The  sneer  at  "  what  is  called  in 
ternational  law,"  is  surely  rather  worthy  of  a 
jester  than  a  statesman,  and  the  similitude  of 
the  United  States  to  a  man  nearly  dead  drunk, 
and  ready  to  fight  anybody,  is  much  more  face 
tious  than  argumentative.  But  we  have  one 
grain  of  comfort.  Mr.  Bright  has  nothing  to 
say  in  favor  or  in  defence  of  the  outrage  com 
mitted  upon  our  flag.  He  promises  that  upon 
some  future  occasion  he  will  produce  instances 
of  many  similar  outrages  committed  by  us  fifty 
or  sixty  years  ago.  We  disposed  of  this  style  of 
argument  yesterday,  and  shall  not  condescend 
to  reiterate  the  obvious  answer  to-day.  Mr. 
Bright,  however,  has  not  added  a  line  to  the 
little  the  Americans  and  their  advocates  have 
said  in  excuse  of  what  they  have  done  This  is 
very  reassuring.  If  Mr.  Bright,  who  was  sup 
ported  at  Rochdale  by  the  United  States  Con 
sul,  and,  no  doubt,  by  all  the  aid  which  the 
United  States  can  afford,  was  unable  to  do 
more  than  sneer  at  all  international  law,  and, 
at  the  same  time,  to  give  up  the  outrage  upon 
the  British  flag  as  "  impolitic  and  bad,"  we  are 
tolerably  sure  that  we  have  heard  all  that  can 
be  said  against  England,  and  that  she  is  indis 
putably  right  in  taking  the  straight  course  to 
vindicate  her  honor.  Let  America  judge  by 
the  speech  of  her  greatest  admirer  in  England 
how  little  can  be  said  for  her  outrage  upon  a 
friendly,  although  a  neutral,  country.  Let  her 
know,  also,  that  in  this  country  even  this  com 
paratively  moderate  speech  of  Mr.  Bright  is 
but  a  voice  without  an  echo. 


14 


REBELLION   RECORD,  1860-61. 


Doo.  2. 

THE  UNITED    STATES   AND  ENGLAND. 
THEIR   INTERNATIONAL  SPIRIT. 

A    LETTER    TO    RICHARD    COBI>KN.    ESQ.,    M.    P.,    BY    JOSEPH    P. 
THOMPSON,    D.  D.,    OF    NEW    tOKK. 

Richard  Colden,  Esq.,  M.  P.  : 

Siu:  When  I  was  in  London,  in  1852,  you 
did  me  the  honor  to  request  my  testimony 
with  regard  to  the  Public  School  system  in 
the  United  States,  to  be  laid  before  "  A  Select 
Commirtee  of  the  House  of  Commons  on  the 
state  of  Education  in  Manchester."  And  when 
you  were  in  New  York,  in  1859,  I  had  the 
pleasure  of  introducing  you  in  person  to  some 
of  the  largest  of  the  city  schools,  and  of  thus 
acquainting  you  with  the  details  of  their  ad 
ministration.  This  public  interchange  of  views 
upon  the  subject  of  popular  education,  so  vital 
to  the  prosperity  of  both  the  English-speaking 
nations,  emboldens  me  to  proffer  my  testimony 
upon  a  question  involving  every  interest  of 
these  nations,  and  which  now  has  precedence 
of  all  others — I  mean  the  international  spirit 
of  England  and  the  United  States.  With  ques 
tions  of  international  law  I  shall  not  meddle. 
The  "  Trent  Case  "  has  already  been  disposed 
of  by  the  Government  of  the  United  States,  in 
a  way  satisfactory  to  the  American  people,  and 
which,  I  trust,  will  be  equally  satisfactory  to  the 
Government  and  the  people  of  England.  But 
aside  from  that  case,  the  tone  of  many  of  your 
journals  toward  the  United  States  is  denuncia 
tory  and  warlike ;  and  should  this  be  met  in 
the  same  spirit  upon  this  side  of  the  Atlantic, 
a  collision  of  forces  might  speedily  follow  the 
angry  strife  of  words.  It  therefore  becomes 
thoughtful  and  patriotic  men  in  both  countries 
to  endeavor  to  allay  this  unwarrantable  tone 
of  crimination,  and  to  turn  the  thoughts  of 
their  countrymen  to  those  great  interests  of 
constitutional  liberty,  of  human  freedom,  and 
of  Christian  civilization,  which  England  and 
the  United  States  possess  in  common  as  a  trust 
for  mankind.  This  you  have  already  done  in 
your  letter  of  Dec.  2,  1801,  to  the  Mayor  of 
Rochdale,  so  wise  in  its  suggestions,  and  so  ad 
mirable  in  its  spirit  of  conciliation.  Accept 
this,  sir,  as  a  humble  response  to  that,  in  fur 
therance  of  the  same  end. 

I  write  to  you  simply  as  a  witness,  concern 
ing  facts  within  my  own  knowledge,  as  to  the 
spirit  of  the  people  of  the  United  States  toward 
the  people  of  England,  and  as  to  the  grave 
moral  questions  involved  in  our  civil  war.  Ar 
gument,  appeal,  suggestion  even,  touching  the 
duty  of  English  Christians  and  philanthropists 
toward  us  in  this  struggle — all  this  is  foreign 
from  my  thoughts.  We  do  not  appeal  to  Eng 
land  for  sympathy  or  aid  in  the  prosecution  of 
a  war  for  national  integrity,  constitutional  gov 
ernment,  and  human  freedom,  against  a  rebel 
lion  sprung  upon  us  by  fraud  and  treason,  and 
organized  solely  in  the  interest  of  slavery.  We 
desire  only  the  just  judgment  of  the  English 
people  upon  the  facts  of  the  case ;  and  the  moral 


support  of  the  Right  which  that  judgment  will 
assuredly  bring.  You,  personally,  do  not  require 
even  the  testimony  that  I  propose  to  offer;  hut 
it  may  give  value  to  this  testimony  in  other 
quarters,  if  it  is  understood  that  you  know  the 
witness  to  be  reliable  upon  the  matt  ers-of- fact. 
I  shall  confine  myself  to  three  points  : 

(1.)  The  prevalent  spirit  of  the  people  of  the 
United  States  toward  the  people  of  England. 

(2.)  The  fiocial,  political,  and  moral  condition 
of  the  loyal  Stales  during  this  intestine  icar. 

(3.)  The  bearing  of  the  war  for  the  Union 
upon  constitutional  liberty,  human  freedom, 
and  Christian  cnilization. 

I.  Though  my  distinct  personal  recollections 
cover  hardly  more  than  the  lifetime  of  a  gen 
eration,  I  have  lived  long  enough  to  witness  a 
complete  and  most  favorable  change  in  the 
popular  feeling  of  the  United  States  toward 
England.  In  my  boyhood  the  tmfa'-British  feel 
ing  engendered  by  the  war  of  1812  was  yet 
rife,  and  the  successes  of  General  Jackson  in 
that  war  were  the  rallying-cry  of  his  party  in 
three  successive  Presidential  campaigns.  Still 
later,  the  large  emigration  to  this  country  from 
Ireland,  enabled  demagogues  who  courted  the 
Irish  vote,  to  make  political  capital  by  de 
nouncing  the  English  Government,  and  avow 
ing  their  sympathy  with  "  O'Connell  arid  Re 
peal."  At  the  same  time  the  renewed  vigor 
of  anti-slavery  sentiment  at  the  North — where 
it  had  been  comparatively  dormant  since  the 
final  abolition  of  slavery  by  all  the  Northern 
States  in  which  it  had  existed — awakened  the 
jealousy  of  the  South  toward  England  as  the 
earnest  opponent  of  slavery  and  the  slave-trade ; 
and  the  Northern  allies  of  the  slaveocracy, 
for  political  effect,  ascribed  the  abolition  move 
ment  to  "British  gold."  It  was  by  this  absurd 
cry  that  mobs  were  raised  in  the  Northern 
States  against  Mr.  George  Thompson,  (late  M. 
P.,)  and  others — really  Southern  slaveholders' 
mobs  raised  in  Northern  cities,  by  appeals 
to  the  anti-British  feeling  which  the  South  had 
so  industriously  fostered. 

But  during  the  past  twenty  years,  the  in 
creased  intercourpe  between  England  and 
America,  by  commerce  and  travel,  especially 
since  steam  navigation  was  established  upon 
the  Atlantic;  the  frequent  interchange  of  civil 
ities  between  ecclesiastical  bodies,  literary  and 
benevolent  societies,  authors,  clergymen,  ar 
tists,  and  others,  in  the  two  countries ;  in  a 
word,  the  more  intimate  knowledge  which 
Americans  have  gained  of  the  spirit  and  the 
institutions  of  the  English  people,  and  the  per 
sonal  friendships  which  many  Americans  have 
formed  with  Englishmen,  have  completely 
eradicated  from  the  intelligent  and  Christian 
people  of  the  Northern  States  the  traditionary 
antipathies  of  1812.  The  "  Ashhnrton  Treaty  " 
of  1842  was  regarded  with  wide-spread  satis 
faction,  as  having  removed  all  occasion  of  mis 
understanding  between  Great  Britain  and  the 
United  States;  and  the  treaty  of  commercial 
reciprocity  with  Canada  was  welcomed  not 


DOCUMENTS. 


15 


only  in  the  interest  of  trade,  but  as  an  addi 
tional  bond  of  amity  between  the  parent  coun 
try  and  ourselves.  During  the  Crimean  war 
the  sympathies  of  the  South  and  her  pro-slavery 
allies  in  the  North,  were  unmistakably  with 
Russia,  in  the  hope  of  seeing  England  humbled 
as  an  anti -slavery  power.  Others  at  the  North, 
whose  sympathies  are  heartily  with  England  as 
the  champion  of  freedom  in  Europe,  were  tem 
porarily  alienated  from  her  cause  when  they 
saw  her  upholding  the  Orescent,  which  they 
regarded  as  the  symbol  of  a  cruel  despotism 
and  fanaticism.  Yet  the  more  intelligent  ob 
servers  of  Eastern  affairs  clung  to  England  in 
that  struggle,  as  the  protector  of  civil  and  re 
ligious  liberty  alike  against  the  fanaticism  of 
the  Mohammedan  and  the  bigotry  of  the  Greek. 
And  in  the  direful  days  of  the  Sepoy  rebellion, 
the  sympathies  of  the  Christian  people  of  the 
North  were  unanimously  and  earnestly  with 
England ;  for  they  honor  her  as  the  conservator 
of  the  rights  of  humanity  and  of  Christian  civ 
ilization  in  the  East.  The  spontaneous  but  re 
spectful  enthusiasm  of  the  people  of  the  North 
ern  States  on  the  occasion  of  the  visit  of  the 
Prince  of  Wales,  must  have  given  to  England  the 
fullest  assurance  of  our  national  good-will.  This 
was  not  the  idle  curiosity  of  a  democracy  to  see 
the  heir  of  the  most  illustrious  throne  of  Eu 
rope  and  the  world ;  it  was  the  homage  of  a 
great,  free,  Christian  nation,  to  the  free,  Chris 
tian,  noble,  Mother-nation,  and  its  courtesy,  as 
well,  to  the  sovereign  of  that  nation  in  the  per 
son  of  her  son.  The  British  flag,  which  some 
think  us  so  eager  to  "  insult,"  waved  over  our 
shipping  and  our  public  buildings  ;  u  God  save 
the  Queen,"  was  heard  in  our  streets  and  our 
churches;  and  pulpit  and  press  echoed  the 
words  of  peace  and  good-will.  Su.ch  was  the 
feeling  of  the  people  of  these  Northern  States 
toward  England  at  the  outbreak  of  the  South 
ern  rebellion.  Since  then,  the  drift  of  public 
sentiment  in  England  upon  our  national  con 
flict  has  produced  in  us  not  animosity,  nor 
alienation,  but  disappointment  and  regret. 

Upon  each  side  there  have  been  at  least  two 
causes  of  misapprehension,  which  have  tended 
to  place  each  nation  in  a  false  position  before 
the  other.  That  portion  of  the  English  press 
with  which  we  are  most  familiar,  has  been  too 
readily  assumed  to  represent  the  English  peo 
ple  upon  tliis  question.  In  our  generous  appre 
ciation  of  the  English  people  as  the  friends  of 
popular  freedom  under  a  constitutional  govern 
ment,  we  had  overlooked  the  strength,  energy, 
and  persistence  of  that  party  in  England  which 
favors  oligarchy  in  State  and  Church  ;  and  we 
were  at  first  confounded  with  their  voice  as 
the  voice  of  England  !  We  had  also  assumed 
that  the  English  were  unanimous  in  their  moral 
conviction  against  slavery ;  forgetting  that, 
since  the  abolition  of  slavery  had  ceased  to  be 
a  practical  question  in  the  British  dominions, 
commercial  and  manufacturing  interests,  closely 
interlinked  with  slavery  in  the  South,  might 
pervert  or  overrule  conscience  in  England,  as 


they  had  already  to  some  extent  in  our  North 
ern  States.  In  a  word,  we  had  given  England 
the  credit  of  being  more  unselfish  in  this  mat 
ter  than  ourselves ;  and  hence  our  disappoint 
ment  at  discovering  that  her  sympathies  were 
not  avowedly  and  unanimously  with  us,  in  a 
struggle  which  we  of  the  North  see  to  involve 
the  preservation  of  constitutional  liberty  and 
the  overthrow  of  slavery. 

On  the  other  hand,  the  people  of  England, 
as  is  quite  natural,  failing  to  distinguish  be 
tween  that  national  Government  known  as 
"  the  United  States,"  and  a  mere  confederation 
of  independent  sovereignties,  have  failed  also  to 
perceive  that  the  question  of  the  integrity  of 
the  Union  is  really  with  us  a  question  of  na 
tional  life.  Hence  many  among  you,  from  the 
first,  adopted  the  merely  material  view  of  our 
conflict  which  Earl  Russell  lately  expressed — 
that  it  is  "  for  empire  on  the  one  side,  and  for 
independence  on  the  other."  I  shall  return  to 
this  point, — barely  noting  here,  that  a  radical 
misconception  of  our  political  structure  has  led 
the  English  people  to  undervalue  the  question 
of  the  supremacy  of  a  Constitutional  and  Na 
tional  Government,  which  to  us  is  the  first 
question  of  the  war. 

A  second  cause  of  misunderstanding  on  the 
part  of  the  English  people  lies  in  their  want  of 
familiarity  with  various  currents  and  phases  of 
anti-slavery  sentiment  in  this  country.  They 
have  estimated  the  strength  of  that  sentiment 
by  the  strength  and  effectiveness  of  particular 
anti-slavery  organizations — some  of  which  havo 
been  obtruded  upon  their  notice  as  the  chief, 
if  not  the  sole  exponents  of  anti-slavery  feeling 
in  the  North.  As  with  the  English  abolition 
ists  of  thirty-five  years  ago,  so  with  emancipa 
tionists  in  this  country,  there  has  been  much 
diversity  of  opinion  with  regard  to  the  mode 
of  exterminating  slavery,  or  of  acting  against 
the  system  ;  the  question  being  complicated  by 
the  facts,  that  we  had  to  deal  with  slavery  on 
the  broad  scale  upon  our  own  soil ;  that  the  in 
stitution  was  hedged  around  with  State-laws, 
unassailable  from  without ;  and  that  it  gave 
to  the  South  a  leverage  for  elevating  its  own 
candidates  to  the  Presidency,  for  which  the 
North  had  no  sectional  or  political  counter 
poise.  Because  of  diversities  of  anti-slavery 
policy,  mainly  prudential,  no  one  organization 
has  ever  represented  more  than  a  fraction  of 
Northern  sentiment  against  slavery.  Hence 
the  English  public  have  been  slow  to  recognize 
the  moral  forces  which,  working  these  many 
years  through  the  pulpit  and  the  press,  the 
church,  the  school,  and  the  family,  had  edu 
cated  the  North  to  that  resolve  to  dethrone 
the  political  power  of  slavery,  which  first  found 
expression  in  the  nomination  of  Col.  (now  Gen 
eral)  Fremont  for  the  Presidency  in  1856,  and 
took  effect  in  the  election  of  Mr.  Lincoln  in 
1860 ;  and  which  the  South,  rightly  interpret 
ing  as  threatening  the  doom  of  slavery,  seized 
upon  as  the  occasion  for  a  rebellion  long  plotted 
in  the  interest  of  slavery  alone.  Moreover,  as 


16 


REBELLION  RECORD,    1860-61. 


the  hearty  anti-slavery  sentiment  of  the  Eng 
lish  people  has  failed  to  find  expression  through 
the  representatives  and  the  reputed  organs  of 
their  Government,  so  the  anti-slavery  sentiment 
of  the  North,  now  well-nigh  unanimous,  has 
failed  as  yet  to  find  its  adequate  expression 
through  authoritative  acts  and  utterances  of 
the  Government  at  Washington;  and  hence 
the  great  popular  parties  in  hoth  nations,  which 
are  really  one  in  hostility  to  slavery,  and  should 
be  visibly  one  in  seeking  its  overthrow,  are 
made  to  regard  each  other  with  suspicion  and 
distrust. 

But  in  spite  of  these  causes  of  misunderstand 
ing,  and  the  disappointment  and  regret  which 
the  supposed  attitude  of  England  toward  the 
United  States  in  its  struggle  has  produced 
throughout  the  North,  I  am  confident  that  the 
spirit  of  the  American  people  to-day  is  not  hos 
tile  to  England.  The  history  of  the  Trent  case 
is  conclusive  on  this  point.  The  news  of  the 
seizure  of  the  rebel  commissioners,  Mason  and 
Slide!!,  by  the  San  Jacinto,  awakened  at  the 
North  grave  apprehensions  of  difficulty  with 
England;  and  the  feeling  was  well-nigh  uni 
versal,  that  all  cause  of  offence  to  the  Govern 
ment  of  Great  Britain  should  be  avoided  by  the 
Government  at  Washington.  In  the  general 
exultation  at  the  arrest  of  these  prominent  con 
spirators  against  the  Union,  there  was  no  dis 
position  to  "  insult  "  the  flag  under  which  they 
were  found  at  sea.  By  degrees,  the  array  of 
precedents  and  decisions,  mainly  English,  satis 
fied  the  popular  mind  that  the  act  of  Com 
mander  Wilkes  was  justifiable  by  international 
law,  though  technically  a  departure  from  the 
more  just  and  liberal  views  of  the  rights  of 
neutrals  hitherto  maintained  by  the  United 
States.  But  while  the  public  mind  was  thus 
made  up  as  to  the  right  of  the  case,  and  the 
resolve  was  taken  to  maintain  national  right 
and  honor  at  any  cost,  there  was  also  an 
avowed  readiness  to  make  reparation  to  Eng 
land,  if  Commander  Wilkes  had  transcended 
his  powers,  or  to  make  any  concession  consist 
ent  with  honor  for  the  sake  of  peace  with  a  kin 
dred  nation.  The  news  of  the  extraordinary 
excitement  which  the  affair  of  the  Trent  had 
produced  in  England,  the  warlike  attitude  of 
the  British  Government,  and  the  menaces  of 
the  British  press,  surprised  us  in  a  state  of 
calmness  upon  a  question  which  had  become 
quite  secondary.  These  demonstrations,  how 
ever,  failed  to  excite  a  corresponding  feeling  in 
the  American  people,  who  cheerfully  resigned 
the  matter  to'  their  Government,  which  had 
thus  far  maintained  a  discreet  silence  upon  the 
act  of  Commander  Wilkes.  And  when  the 
Government,  by  a  stroke  of  the  pen,  reversed 
the  popular  verdict  upon  the  case,  its  decision 
was  acquiesced  in  by  the  press  and  the  people 
with  a  unanimity  seldom  witnessed  upon  a 
question  of  national  policy.  Your  knowledge 
of  tlje  American  people,  and  your  high  sense 
of  national  honor,  will  assure  you,  sir,  that  this 
decision  of  our  Government,  acquiesced  in  by 


the  entire  North,  was  prompted  only  by  the 
spirit  of  a  just  and  honorable  conciliation.  We 
have  refused  to  make  this  affair  an  occasion  of 
war  with  England,  because  by  every  interest 
of  commerce,  of  freedom,  of  humanity,  of  Chris 
tian  hope  and  progress  for  mankind,  we  are 
averse  to  war  with  England,  and  will  not  enter 
into  it  except  for  a  cause  which  shall  be  at  once 
just  and  inevitable. 

I  cannot  deny  that  the  belligerent  attitude 
assumed  by  England  in  the  Trent  case  has  pro 
duced  at  the  North  a  sense  of  injury  which 
might  be  kindled  into  a  feeling  of  hostility 
toward  England.  Here  and  there  an  over 
heated  or  designing  politician  may  attempt  to 
stir  up  such  hostility.  But  the  people  of  the 
North,  as  a  whole,  have  no  such  feeling ;  and 
no  politician  of  sagacity  would  so  far  risk  his 
own  reputation  as  to  advocate  a  war  with 
Great  Britain.  If  the  British  Government 
shall  meet  all  possible  differences  in  the  spirit 
of  magnanimity  with  which  the  United  States 
Government  has  met  its  demand  for  the  rendi 
tion  of  Mason  and  Slidell,  there  cannot  be  a 
war  between  the  two  nations.  And  so  far  as 
the  spirit  of  Americans  toward  England  is  con 
cerned,  the  peaceable  relations  of  the  two 
countries  will  be  maintained,  unless  England 
shall  force  a  war  upon  us.  In  that  event,  his 
tory  will  record  our  part. 

II.  This  Trent  case  is  also  pertinent  in  evi 
dence  upon  the  second  point  above  referred 
to : — the  present  social,  political,  arid  moral 
condition  of  the  loyal  States.  It  has  been  as 
serted  by  a  portion  of  the  English  press,  that 
society  in  the  North  has  become  demoralized 
by  war ;  that  the  press  and  the  Government 
are  at  the  mercy  of  a  mob ;  that  persons  ob 
noxious  to  the  populace  are  treated  with  indig 
nity  and  violence;  that  prisoners  of  war  are 
subjected  to  cruelty  ;  and  that  political  parties 
in  the  North  are  in  a  ferment  which  may  at 
any  moment  break  out  into  a  second  civil  war. 
But  in  face  of  such  assertions  we  have  seen  the 
Government  dispose  of  this  exciting  affair,  in 
direct  opposition  to  the  popular  pre-judgnient, 
and  yet  there  has  not  been  a  public  meeting  in 
all  the  North  to  disapprove  of  that  decision, 
not  a  solitary  attempt  to  raise  a  party  against 
the  Administration  upon  this  ground.  Had 
Mason  and  Slidell  been  conveyed  to  Boston, 
New  York,  or  Washington,  for  formal  surren 
der  to  British  authority,  obnoxious  as  they  are 
to  the  whole  community,  they  would  have  been 
suffered  to  depart  without  molestation.  The 
mob  spirit  is  nowhere  apparent  'in  the  North. 
In  the  first  popular  enthusiasm,  after  the  as 
sault  upon  the  national  flag  at  Fort  Sumter, 
there  were  a  few  acts  of  violence  toward  per 
sons  and  newspapers  in  open  sympathy  with 
the  rebellion.  But  such  acts,  few  and  insignifi 
cant  as  they  were,  in  comparison  with  the 
whole  extent  and  population  of  the  North, 
were  promptly  condemned  by  public  senti 
ment,  and  have  not  been  repeated.  In  New 
York,  where  elements  of  turbulence  might  be 


DOCUMENTS. 


looked  for,  there  has  been,  since  the  war  began, 
no  attempt  at  a  riot,  and  no  indication  of  a  riot 
ous  spirit  in  the  community.  There  lias  been 
no  increase  of  our  police  force  ;  our  State  and 
municipal  elections  and  our  public  holidays 
have  passed  in  quiet ;  there  are  no  indications 
of  general  distress ;  there  have  been  no 
"  strikes  "  among  working-men  ;  there  is  little 
apparent  idleness,  and  even  less  than  the  aver 
age  amount  of  vagrancy ;  the  poor  are  well 
cared  for  by  public  and  private  charities;  and 
the  people,  with  one  accord,  meet  the  taxes 
and  burdens  of  the  war  without  clamor  or  re 
pining.  While  there  are  diversities  of  view  as 
to  the  policy  of  the  Government,  especially 
with  regard  to  slavery,  there  is  no  organized 
opposition  to  the  Administration ;  nor  are  there 
parties  anywhere  in  the  North  arrayed  against 
each  other  upon  the  great  national  issue  now 
pending.  Indeed,  sir,  should  you  visit  New 
York  to-day,  except  the  sight  of  passing  sol 
diers,  you  would  find  almost  nothing  to  remind 
you  that  we  are  in  a  state  of  war.  There  is 
hardly  a  symptom  of  war  to  be  seen  north  of 
the  Potomac  and  the  Ohio.  While  the  people 
accommodate  themselves  to  increased  taxes  and 
reduced  incomes,  the  tone  of  society  is  cheer 
ful,  and  even  gay  ;  and  charitable,  educational, 
and  religious  institutions  are  sustained  with 
hardly  less  than  usual  liberality  and  vigor. 

On  the  other  hand,  this  state  of  quiet  and 
unanimity  is  not  enforced  by  the  strong  arm  of 
Government.  We  are  not  consciously  curtailed 
of  our  liberties;  we  have  not  suddenly  ex 
changed  a  republic  for  a  despotism.  The  sud 
den  and  critical  emergency  of  a  civil  war 
springing  from  a  well-compacted  and  widely- 
ramified  treason,  has  compelled  the  Govern 
ment  to  interdict  whatever  would  give  "  aid 
and  comfort  "  to  the  rebels,  to  arrest  persons 
.fairly  suspected  of  that  crime,  and  in  extreme 
cases  to  declare  martial  law,  for  a  time,  in  local 
ities  strongly  in  sympathy  with  the  rebellion. 
But  at  no  time  has  the  country,  or  any  consid 
erable  portion  of  it,  been  placed  under  martial 
law.  Those  extraordinary  powers  which  the 
Constitution  vests  in  the  National  Government 
for  "  suppressing  insurrection,"  have  been  used 
in  the  main  with  a  commendable  moderation 
and  discretion.  They  have  not  been  oppressive 
to  the  people,  for  the  heart  of  the  people  of  the 
North  is  in  the  war,  and  they  concede  to  Gov 
ernment  for  the  time  whatever  constitutional 
prerogative  is  needful  for  the  public  safety. 
There  is  no  censorship  over  the  press.  On  the 
contrary,  our  daily  newspapers  criticize  freely 
any  and  every  measure  of  the  Government. 
There  is  no  surveillance  over  persons  who  have 
not  challenged  suspicion  by  conspiring  with  the 
rebels.  The  families  of  notorious  rebels  are 
living  unmolested  at  the  North,  under  the  pro 
tection'  of  the  very  Government  which  those 
rebels  are  seeking  to  destroy.  Prisoners  are 
here  allowed  all  the  comforts  and  privileges 
compatible  with  the  public  safety.  I  doubt 
whether  one  of  this  class  could  sustain  before 
.  •  SUP.  Doc.  2 


an  English  jury  a  charge  of  cruelty,  or  even  of 
neglect.  Our  National  Congress  has  not  va 
cated  its  privileges  in  favor  of  the  Cabinet  or 
of  the  Camp.  It  has  appointed  a  commission  to 
investigate  the  whole  conduct  of  the  war,  and 
this  commission  summons  before  it  Cabinet 
officers  and  Generals  to  give  their  testimony. 

War  must  bring  hardship  and  sometimes 
injustice  to  individuals.  The  recent  order  of 
the  British  Government  forbidding  the  export 
of  munitions  of  war,  is  doubtless  felt  by  inno 
cent  manufacturers  and  merchants  as  a  per 
sonal  injury  and  loss.  That  order  was  issued 
upon  the  bare  presumption  of  a  war  between 
England  and  the  United  States.  But  we  are  in 
the  midst  of  a  civil  war;  with  a  fierce  and 
threatening  rebellion  to  subdue  upon  our  own 
soil ;  and  military  necessity  must  sometimes 
contravene  the  interests  of  individuals.  I  pray 
you,  sir,  disabuse  the  English  public  of  the  idea 
that  we  are  become  either  a  nation  of  monsters 
or  a  nation  of  slaves.  I  know  whereof  I  affirm, 
when  I  thus  declare  to  you,  that  notwithstand 
ing  the  most  dreadful  provocations  of  cruelty 
on  the  part  of  the  South,  humanity  and  for 
bearance  have  marked  the  conduct  of  this  war 
on  the  part  of  the  North,  and  that  the  people 
of  the  North  are  jealous  for  themselves  of  the 
constitutional  rights  and  privileges  which  the 
South  has  assailed. 

III.  Not  to  weary  your  patience,  I  pass  to  the 
third  point  above  proposed,  viz. :  the  bearing 
of  the  war  for  the  Union  upon  constitutional 
liberty,  human  freedom,  and  Christian  civiliza 
tion.  These  are  objects  dear  to  every  true 
Englishman  ;  they  are  interests  which  the  peo 
ple  of  the  United  States  possess  in  common 
with  the  people  of  England.  But  we  can 
maintain  and  promote  these  interests  on  our 
part,  only  by  preserving  the  Union  as  it  now 
exists  under  the  Constitution.  The  preserva 
tion  of  the  Union  is  not  a  numerical  nor  a  ter 
ritorial  question ;  not  a  mere  question  of  popu 
lation  and  empire.  It  is  a  grave  misapprehen 
sion  to  conceive  of  this  Union  as,  in  any  sense, 
a  Confederation  of  States.  The  several  States 
exist  under  the  Union  with  their  vested  rights, 
just  as  the  city  of  London  has  rights  by  charter 
which  neither  Crown  nor  Parliament  can  in 
vade  ;  and  in  a  country  so  vast  as  the  United 
States,  it  is  only  by  such  local  subdivision  and 
distribution  of  government  that  the  popular 
element  in  government  can  be  kept  unim 
paired.  But  the  States,  as  such,  did  not  frame 
the  Union ;  nearly  two-thirds  of  them  have 
come  into  existence  under  the  laws  of  the 
United  States,  as  administered  upon  its  own 
territories ;  and  no  State  has  any  sovereignty 
as  against  the  sovereignty  of  the  United 
States  in  the  sphere  defined  by  the  Constitu 
tion.  The  Convention  of  1787,  which  framed 
the  Constitution,  distinctly  rejected  the  plan  of 
&  federation  of  States  which  had  prevailed 
since  the  colonies  asserted  their  independence, 
and  adopted  the  plan  of  a  popular  National 
Government.  The  preamble  to  the  Constitu- 


18 


REBELLION   RECORD,  1860-61. 


tion  sets  this  fortli  in  explicit  terms :  "  WE,  THE 
PEOPLE  of  the  United  States,  in  order  to  form 
a  more  perfect  Union,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common 
defence,  promote  the  general  welfare,  and  se 
cure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Con 
stitution  for  the  United  States  of  America/' 
The  United  States,  therefore,  is  a  Government, 
representing  the  people  in  their  nationality, 
and  established  for  all  the  legitimate  purposes 
of  a  National  Government.  Secession  is  simply 
disintegration ;  not  the  withdrawal  of  mem 
bers  from  a  confederacy,  but  the  severing  of 
the  nexus  that  holds  together  a  Constitutional 
Government  and  a  free  nation.  Its  principle, 
once  admitted,  disintegrates  that  Government 
which  was  established  u  to  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity." 
"What  \ve  contend  for,  therefore,  in  behalf  of 
the  Union,  is  not  territory,  nor  numerical 
strength,  but  the  vital  principle  of  a  Constitu 
tional  Government,  ordained  in  and  for  free 
dom,  now  assailed  at  its  very  heart.  Can  Eng 
lishmen  wonder  that  we  have  taken  up  arms  in 
such  a  cause,  or  be  indifferent  to  the  result  ? 
Can  they  even  appear  to  countenance  that 
slave  oligarchy  which  is  the  deadly  foe  of  pop 
ular  liberty  ?  The  war  on  the  part  of  the  loyal 
States  is  not  for  a  commercial  policy  or  system. 
The  great  agricultural  West,  whose  interests 
and  sympathies  favor  the  utmost  freedom  of 
trade  with  England,  has  furnished  the  largest 
proportion  of  the  army  for  the  Union.  But  the 
West  cannot  suffer  her  great  natural  outlet,  the 
Mississippi,  to  be  disputed  by  a  foreign  power, 
nor  could  the  commerce  of  the  world  endure  to 
be  disturbed  by  the  frequent  collisions  and 
overturn! rigs  of  divided  nations  occupying  the 
territory  of  the  once  peaceful,  thrifty,  commer 
cial  United  States.  Our  very  life  as  an  indus 
trial  nation,  in  which  England  has  so  large  an 
investment,  demands  that  political  unity  which 
the  physical  geography  of  our  country  also  pre 
scribes.  But  higher  than  its  industrial  and 
commercial  interests,  is  the  organic  life  of  the 
nation  acting  through  its  constitutional  forms. 
Without  injury  or  provocation,  the  South  has 
assailed  that  life,  first  by  secret  treason,  then 
by  open  rebellion.  We  must  put  down  this 
rebellion,  or  our  constitutional  liberty  as  a  na 
tion  is  gone  ;  for  if  once  the  fatal  precedent  is 
admitted,  that  a  just  and  equal  Constitution, 
fairly  administered,  can  be  repudiated  at  will, 
and  overthrown  by  violence,  there  is  an  end 
upon  this  soil  to  that  most  sacred  principle  of 
constitutional  freedom  and  order  which  we 
have  inherited  from  England.  We  dare  not 
prove  false  to  our  trust.  It  is  slavery  that  thus 
assails  the  life  of  the  nation.  The  dividing  I'ne 
letwcen  loyalty  and  rebellion  almost  exactly 
coincides  with  the  line  that  divides  the  oppo 
nents  of  Slavery  from  its  defenders. 

flence  the  bearing  of  this  war  upon  human 
freedom,  ft  ml  especially  upon  the  emancipation 
of  the  black  race  in  the  SouU^  to  i\s  js  obvioue 


and  most  encouraging.  The  slave  power  in  the 
South,  united  and  persistent  in  its  own  inter 
ests,  by  taking  advantage  of  commercial  and 
political  complications  in  the  North,  had  long 
contrived  to  secure  for  itself  the  control  of  the 
National  Government  and  the  direction  of  pub 
lic  policy.  The  very  Constitution  so  jealous 
for  personal  liberty,  had  been  tortured  into  an 
instrument  for  the  defence  of  slavery.  This 
need  not  seem  strange  to  Englishmen  who  re 
member  how  long  political  and  commercial 
combinations  baffled  the  noble  philanthropy  of 
Sir  Fowell  Buxton.  Human  nature,  acting  in 
commerce  and  politics,  does  not  rise  to  any 
higher  level  here  than  it  did  in  England  in 
1827,  when  Mr.  Buxton  said,  u  If  a  man  had  a 
large  share  of  reputation,  he  would  lose  the 
greater  part  of  it  by  espousing  the  cause  of  the 
slaves."  But  the  moral  sentiment  of  the  North 
was  at  last  aroused  to  the  duty  of  denationaliz 
ing  slavery,  by  forbidding  its  extension  into 
any  territory  oif  the  Union,  and  denying  to  it 
the  protection  of  the  National  Government. 
This  moral  verdict  of  the  North  against  slavery 
was  felt  at  the  South  to  be  the  death-blow  of 
the  system.  Directly  upon  the  election  of  Mr. 
Lincoln,  the  South  determined  to  revolt,  in 
order  to  perpetuate  slavery  under  a  new  form 
of  government,  in  which  the  subjugation  of  the 
black  race  should  be  the  corner-stone.  But  this 
has  precipitated  the  overthrow  of  the  system. 

The  impoverishment  and  desolation  of  the 
South  by  war,  and  the  stimulus  already  given 
to  cotton  culture  in  other  parts  of  the  world, 
must  undermine  slavery  by  the  laws  of  political 
economy  alone.  But  the  rebellion  of  the  South 
may  put  it  in  the  power  of  our  military  com 
manders  to  abolish  slavery  as  a  measure  of  war. 
It  has  put  it  in  the  power  of  Congress  to  confis 
cate  and  so  emancipate  the  slaves  of  all  rebels, 
and  perhaps  to  establish  provisional  govern 
ments  in  every  seceded  State,  treating  such  State 
as  a  lapsed  territory,  and  establishing  therein  the 
institutions  of  freedom.  In  these  and  other 
ways  the  war  is  preparing  the  destruction  of 
slavery  ;  and  if  to  you,  remote  from  the  scene 
of  action,  our  Government  seems  slow  to  use 
the  opportunity  thus  given  of  perpetuating  the 
Union  by  destroying  its  only  foe,  permit  me 
to  remind  you  how  slow  was  the  English  Gov 
ernment  to  recognize  the  duty  of  abolishing 
slavery !  how  slow,  again,  to  adopt  those  prin 
ciples  of  free  trade  which  are  now  England's 
prosperity  and  glory  ! 

But  whatever  the  attitude  of  Government, 
the  sentiment  of  the  North  to-day  against 
slavery,  compared  with  that  sentiment  twenty 
years  ago,  is  like  the  sentiment  of  England 
upon  free  trnde  to-day  as  compared  with  the 
time  when  ihe  Manchester  School  began  its 
agitation.  Onr  war  for  Union  is  a  war  against 
slavery,  and  the  friends  of  human  freedom  in 
England  will  assuredly  be  with  us  in  the  struggle. 

But  other  interests  of  Christian  civilization 
are  involved  in  the  preservation  of  the  Amer 
ican  Union.  Its  long  period  of  peace  and  pros- 


DOCUMENTa 


19 


perity,  its  growth  in  numbers  and  in  wealth, 
have  favored,  in  this  country,  the  diffusion  of 
knowledge  and  Christianity,  the  advancement 
of  science  and  art,  and  the  development  of 
every  enterprise  of  piety  and  philanthropy. 
Side'by  side  with  England  we  have  labored  for 
the  progress  of  the  race  in  knowledge,  in  free 
dom,  and  in  virtue,  often  exceeding  her  in  our 
contributions  for  these  ends.  Such  labors  ac 
cord  well  with  the  genius  of  our  people  and  of 
our  institutions ;  but  these  can  be  prosecuted 
with  vigor  only  on  the  condition  that  we  re 
main  a  united  people.  Should  the  Union  be 
divided,  and  the  Northern  States  compelled  to 
fortify  and  defend  a  frontier  of  thousands  of 
miles  against  a  jealous,  aspiring,  unscrupulous, 
vindictive  Southern  power,  and  to  protect;  their 
commerce  along  an  inhospitable  coast,  we 
should  become  of  necessity  a  military  nation, 
alienated  from  the  genial  pursuits  of  knowl 
edge  and  labors  of  piety,  and  consuming  upon 
an  army  and  navy  for  self-protection,  the  mil 
lions  that  should  be  given  to  schools  and 
churches  at  home,  and  to  missions  abroad. 
And  if  to  this  disruption  should  be  added  a  war 
between  the  two  leading  nations  of  Protestant 
Christendom,  how  dark  and  disastrous  were 
such  a  conflict,  for  the  destinies  of  mankind! 
No  generation  has  witnessed,  no  calculation 
can  compute,  such  evils  as  would  flow  to  pos 
terity  from  a  war  of  England,  in  the  interest 
of  slavery,  upon  the  United  States,  while  strug 
gling  to  maintain  the  interests  of  Christian  civ 
ilization  against  the  barbarism  of  the  South. 
But  I  yield  to  no  such  foreboding.  The  Chris 
tian  people  of  England  will  be  true  to  Ih3ra- 
selves,  and  to  us  also;  and  I  close  this  letter 
with  the  words  already  entered  in  your  Edu 
cational  Blue-Book  for  1853,— England  will 
stand  by  the  side  of  her  first-born,  whom  she 
tutored  into  freedom,  the  hope  and  the  defence 
of  liberty,  of  education,  and  of  religion  for  all 
mankind. 

I  am  sir,  with  high  consideration,  your  obe 
dient  servant, 

JOSEPH  P.  THOMPSON. 

NEW  YORK,  Jan.  7, 1862. 

Doc.  3. 
CONFEDERATE  SEQUESTRATION  ACT. 

APPROVED    AUGTJST   °0,  1861. 

AN  Act  for  the  Sequestration  of  the  Estates, 
Property,  and  Effects  of  Alien  Enemies,  and  ! 
for  the  Indemnity  of  Citizens  of  the  Confed-  1 
erate  States,  and  Persons  Aiding  the  Same 
in  the  Existing  War  with  the  United  States : 
Whereas,  The  Government  and  people  of  tho 

United  States  have  departed  from  the  usages  of 

civilized  warfare  in  confiscating  and  destroying  ' 

the  property  of  the  people  of  the  Confederate  ; 

States  of  all  kinds,  whether  used  for  military 

purposes  or  not ;  and 

Whereas,  Our  only  protection  against  such 

wrongs  is  to  be  found  in  such  measures  of  re-  ; 


taliation  as  will  ultimately  indemnify  our  own 
citizens  for  their  losses,  and  restrain  the  watiton 
excesses  of  our  enemies  ;  therefore, 

SECTION  1.  Be  it  enacted  by  the  Congress  of 
the  Confederate  States  of  America,  That  all  and 
every  the  lands,  tenements  and  hereditaments, 
goods  and  chattels,  rights  and  credits,  within 
these  Confederate  States,  and  every  right  and 
interest  therein  held,  owned,  possessed,  or  en 
joyed  by  or  for  an  alien  enemy  since  the  21st 
day  of  May,  one  thousand  eight  hundred  and 
sixty-one,  except  such  debts  due  to  an  alien 
enemy  as  may  have  been  paid  into  the  Treas 
ury  of  any  one  of  the  Confederate  States  prior  to 
the  passage  of  this  law,  be,  and  the  same  are 
hereby,  sequestrated  by  the  Confederate  States 
of  America,  and  shall  be  held  for  the  full  indem 
nity  of  any  true  and  loyal  citizen  or  resident 
of  these  Confederate  States,  or  other  person 
aiding  said  Confederate  States  in  the  prosecu 
tion  of  the  present  war  between  said  Confed 
erate  States  and  the  United  States  of  America, 
and  for  which  he  may  suffer  any  loss  or  injury 
under  the  act  of  the  United  States  to  which 
this  Act  is  retaliatory,  or  under  any  other  act 
of  the  United  States,  or  of  any  State  thereof, 
authorizing  the  seizure,  condemnation,  or  con 
fiscation  of  the  property  of  citizens  or  residents 
of  the  Confederate  States,  or  other  person  aid 
ing  said  Confederate  States,  and  the  same  shall 
be  seized  and  disposed  of  as  provided  for  in 
this  act :  provided,  however,  when  the  estate, 
property,  or  rights  to  be  affected  by  this  act 
were,  or  are,  within  some  Stale  of  this  Confed 
eracy  which  has  become  such  since  said  21st 
day  of  May,  then  this  act  shall  operate  upon, 
and  as  to  such  estate,  property,  or  rights,  and 
all  persons  claiming  the  same  from  and  after 
the  day  such  State  so  became  a  member  of  the 
Confederacy,  and  not  before :  provided,  further, 
that  the  provisions  of  the  act  shall  not  extend 
to  the  stocks  or  other  public  securities  of  the 
Confederate  Government,  or  of  any  of  the 
States  of  this  Confederacy,  held  or  owned  by 
any  alien  enemy,  or  to  any  debt,  obligation,  or 
sum  due  from  the  Confederate  Government  or 
any  of  the  States,  to  such  alien  enemy.  And 
provided,  also,  That  the  provisions  of  this  act 
shall  not  embrace  the  property  of  citizens  or 
residents  of  either  of  the  States  of  Delaware, 
Maryland,  Kentucky,  or  Missouri,  or  of  the 
District  of  Columbia,  or  the  Territories  of  New- 
Mexico,  Arizona,  or  the  Indian  Territory  south 
of  Kansas,  except  such  of  said  citizens  or  resi 
dents  as  shall  commit  actual  hostilities  against 
the  Confederate  States,  or  aid  and  abet  the. 
United  States  in  the  existing  war  against  the 
Confederate  States. 

SEC.  2.  And  le  it  further  enacted,  That  it  is, 
iind  shall  be-,  the  duty  of  each  and  every  citizen 
of  these  Confederate  States  speedily  to  give  in 
formation  to  the  officers  charged  with  the  ex 
ecution  of  this  law  of  any  and  every  lands,  ten 
ements  and  hereditaments,  goods  and  chattels, 
rights  and  credits,  within  this  Confederacy,  and 
of  every  right  and  interest  therein  held,  owned, 


REBELLION   REGOBD,    1960-61. 


possessed,  or  enjoyed  by  or  for  any  alien  enemy 
as  aforesaid. 

SEC.  3.  Be  it  further  enacted,  That  it  shall 
be  the  duty  of  every  attorney,  agent,  former 
partner,  trustee,  or  other  person  holding  or 
controlling  any  such  lands,  tenements  or  here 
ditaments,  goods  or  chattels,  rights  or  credits, 
or  any  interest  therein,  of  or  for  any  such  alien 
enemy,  speedily  to  inform  the  Receiver  herein 
after  provided  to  be  appointed,  of  the  same, 
and  to  render  an  account  thereof,  and,  so  far 
as  practicable,  to  place  the  same  in  the  hands 
of  Kuch  Receiver;  whereupon  such  person  shall 
be  fully  acquitted  of  all  responsibility  for  prop 
erty  and  effects  so  reported  and  turned  over. 
And  any  such  person  wilfully  failing  to  give 
such  information  and  render  such  account  shall 
be  guilty  of  a  high  misdemeanor,  and  upon  in 
dictment  and  conviction,  shall  be  fined  in  s 
sum  not  exceeding  $5,000,  and  imprisoned  not 
longer  than  six  months,  said  fine  and  imprison 
ment  to  be  determined  by  the  Court  trying  the 
case,  and  shall  further  be  liable  to  be  sued  by 
said  Confederate  States,  and  subjected  to  pay 
double  the  value  of  the  estate,  property,  or  ef 
fects  of  the  alien  enemy  held  by  him  or  subject 
to  his  control. 

SEC.  4.  It  shall  be  the  duty  of  the  several 
Judges  of  this  Confederacy  to  give  this  Act 
specially  in  charge  to  the  Grand  Juries  of 
these  Confederate  States,  and  it  shall  be  their 
duty  at  each  sitting  well  and  truly  to  inquire 
and  report  all  lands,  tenements  and  heredita 
ments,  goods  and  chattels,  rights  and  credits, 
and  every  interest  therein,  within  the  jurisdic 
tion  of  said  Grand  Jury,  held  by  or  for  any 
alien  enemy,  and  it  shall  be  the  duty  of  the 
several  Receivers,  appointed  under  this  Act,  to 
take  a  copy  of  every  such  report,  and  to  pro 
ceed  in  obtaining  the  possession  and  control  of 
all  such  property  and  effects  reported,  and  to 
institute  proceedings  for  the  sequestration 
thereof  in  the  manner  hereinafter  provided. 

SEC.  5.  Be  it  further  enacted,  That  each 
Judge  of  this  Confederacy  shall,  as  early  as 
practicable,  appoint  a  Receiver  for  each  section 
of  the  State  for  which  he  holds  a  Court,  and 
shall  require  him,  before  entering  upon  the  du 
ties  of  his  office,  to  give  a  bond  in  such  penalty 
as  may  be  prescribed  by  the  Judge,  with  good 
and  sufficient  security,  to  be  approved  by  the 
Judge,  conditioned  that  he  will  diligently  and 
faithfully  discharge  the  duties  imposed  upon 
him  by  law.  And  said  officer  shall  hold  his 
office  at  the  pleasure  of  the  Judge  of  the  district 
or  section  for  which  he  is  appointed,  and  shall 
be  removed  for  incompetency,  or  inefficiency, 
or  infidelity  in  the  discharge  of  his  trust.  And 
should  the  duties  of  any  such  Receiver  at  any 
time  appear  to  the  Judge  to  be  greater  thuii 
run  be  efficiently  performed  by  him,  then  it 
fchall  be  the  duty  of  the  Judge  to  divide  the 
uection  into  one  or  more  other  Receivers'  dis 
tricts,  according  to  the  necessities  of  the  case, 
and  to  appoint  a  Receiver  for  each  of  s^id 
newly-created  districts.  And  every  soch  Re 


ceiver  shall  also,  before  entering  upon  the  du 
ties  of  his  office,  make  oath  in  writing  before 
the  Judge  of  the  district  or  section  for  which 
he  is  appointed,  diligently,  well,  and  truly  to 
execute  the  duties  of  his  office. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  be 
the  duty  of  the  several  Receivers  aforesaid  to 
take  the  possession,  control,  and  management 
of  all  lands,  tenements  and  hereditaments,  goods 
and  chattels,  rights  and  credits  of  each  and  every 
alien  enemy  within  the  section  for  which  he 
acts.  And  to  this  end  he  is  empowered  and  re 
quired,  whenever  necessary  for  accomplishing 
the  purposes  of  this  act,  to  sue  for  and  recover 
the  same  in  the  name  of  said  Confederate 
States,  allowing,  in  the  recovery  of  credits,  such 
delays  as  may  have  been,  or  may  be  prescribed 
in  any  State  as  to  the  collection  of  debts  therein 
during  the  war.  And  the  form  and  mode  of 
action,  whether  the  matter  be  of  jurisdiction  in 
law  or  equity,  shall  be  by  petition  to  the  Court 
setting  forth,  as  best  he  can,  the  estate,  prop 
erty,  right,  or  thing  sought  to  be  recovered,  with 
the  name  of  the  person  holding,  exercising  su 
pervision  over,  in  possession  of,  or  controlling 
the  same,  as  the  case  may  be,  and  praying  a 
sequestration  thereof.  Notice  shall  thereupon 
be  issued  by  the  clerk  of  the  Court,  or  by  the 
Receiver,  to  such  persons,  with  a  copy  of  the 
petition,  and  the  same  shall  be  served  by  the 
Marshal  or  deputy,  and  returned  to  the  Court  as 
other  mesne  process  in  law  causes,  whereupon 
the  cause  shall  be  docketed  and  stand  for  trial 
in  the  Court,  according  to  the  usual  course  of 
its  business,  and  the  Court  or  Judge  shall,  at 
any  time,  make  all  orders  of  seizure  that  may 
seem  necessary  to  secure  the  subject  matter  of 
the  suit  from  danger  of  lo^s,  injury,  destruction 
or  waste,  and  may,  pending  the  cause,  make  or 
ders  of  sale  in  cases  that  may  seem  to  such  Judge 
or  Court  necessary  to  preserve  any  property  sued 
for  from  perishing  or  waste: 

Provided,  That  in  any  case  when  the  Confed 
erate  Judge  shall  find  it  to  be  consistent  with 
the  safe-keeping  of  the  property  so  sequestered, 
to  leave  the  same  in  the  hands  and  under  the 
control  of  any  debtor  or  person  in  whose  hands 
the  real  estate  and  slaves  were  seized,  who  may 
be  in  possession  of  the  said  property  or  credits, 
he  shall  order  the  same  to  remain  in  the  hands 
and  under  the  control  of  said  debtor  or  person 
in  whose  hands  the  real  estate  and  slaves  were 
seized,  requiring  in  every  such  case  such  security 
for  the  safe-keeping  of  the  property  and  credits 
as  he  may  deem  sufficient  for  the  purpose  afore- 
wud.  and  to  abide  by  such  further  orders  as  the 
Court  may  make  in  the  premises.  But  this  pro 
viso  shall  not  apply  to  bank  or  other  corpora 
tion  stock,  or  dividends  due  or  which  may  be 
due  thereon,  or  to  rents  on  real  estate  in  cities. 
And  no  debtor  or  other  person  shall  be  entitled 
to  the  benefit  of  this  proviso  unless  he  has  first 
paid  into  the  hands  of  the  Receiver  all  interests 
or  net  profits  which  may  have  accrued  since  the 
21st  May,  1861,  and,  in  all  cases  coming  under 
this  proviso,  such  debtor  shall  be  bound  to  pay 


DOCUMENTS. 


21 


over  annually  to  the  Receiver  all  interest  which 
may  accrue  as  the  same  falls  due;  and  the  per 
son  in  whose  hands  any  other  property  may  be 
left  shall  be  bound  to  account  for  and  pay  over 
annually  to  the  Receiver  the  net  incomes  or 
profits  of  said  property,  and  on  failure  of 
such  debtor  or  other  person  to  pay  over  such 
interest,  net  income,  or  profits,  as  the  same  tails 
due,  the  Receiver  may  demand  and  recover  the 
debt  or  property.  And  wherever,  after  the  ten 
days'  notice  to  any  debtor  or  person  in  whose 
hands  property  or  debts  may  be  left,  of  an  ap 
plication  for  further  security,  it  shall  be  made 
to  appear  to  the  satisfaction  of  the  Court  that 
the  securities  of  such  debtor  or  person  are  not 
ample,  the  Court  may,  on  the  failure  of  the  party 
to  give  sufficient  additional  security,  render  judg 
ment  against  all  parties  on  the  bond  for  the  re 
covery  of  the  debt  or  property :  Provided  fur 
ther,  That  said  Court  may,  whenever,  in  the 
opinion  of  the  Judge  thereof,  the  public  exigen 
cies  may  require  it,  order  the  money  due  as 
aforesaid  to  be  demanded  by  the  Receiver ;  and 
if  upon  demand  of  the  Receiver,  made  in  con 
formity  to  a  decretal  order  of  the  Court  requiring 
said  Receiver  to  collect  any  debts  for  the  pay 
ment  of  which  security  may  have  been  given  un 
der  the  provisions  of  this  act,  the  debtor  or  his 
security  shall  fail  to  pay  the  same,  then  upon  ten 
days'  notice  to  said  debtor  and  his  security,  given 
by  said  Receiver,  of  a  motion  to  be  made  in  said 
Court  for  judgment  for  the  amount  so  secured, 
said  Court,  at  the  next  term  thereof,  may  pro 
ceed  to  render  judgment  against  said  principal 
and  security,  or  against  the  party  served  with 
such  notice,  for  the  sum  so  secured,  with  inter 
est  thereon,  in  the  name  of  said  Receiver,  and 
to  issue  execution  therefor. 

SEC.  7.  Any  person  in  the  possession  and 
control  of  the  subject  matter  of  any  such  suit, 
or  claiming  any  interest  therein,  may,  by  order 
of  the  Court,  be  admitted  as  a  defendant  and  be 
allowed  to  defend  to  the  extent  of  the  interest 

Propounded  by  him ;  but  no  person  shall  be 
eard  in  defence  until  he  shall  file  a  plea,  veri 
fied  by  affidavit  and  signed  by  him,  setting  forth 
that  no  alien  enemy  has  any  interest  in  the  right 
which  he  asserts,  or  for  which  he  litigates,  either 
directly  or  indirectly,  by  trust,  open  or  secret, 
and  that  he  litigates  solely  for  himself,  or  for 
some  citizen  of  the  Confederate  States  whom 
he  legally  represents;  and  when  the  defence  is 
conducted  for  or  on  account  of  another,  in  whole 
or  part,  the  plea  shall  set  forth  the  name  and 
residence  of  such  other  person,  and  the  relation 
that  the  defendant  bears  to  him  in  the  litiga 
tion.  If  the  cause  involves  matter  which  should 
be  tried  by  a  jury  according  to  the  course  of  the 
common  law,  the  defendant  shall  be  entitled  to 
a  jury  trial.  If  it  involves  matters  of  equity 
jurisdiction,  the  Court  shall  proceed  according 
to  its  usual  mode  of  procedure  in  such  cases, 
and  the  several  Courts  of  this  Confederacy  may, 
from  time  to  time,  establish  rules  of  procedure 
under  this  act,  not  inconsistent  with  the  act  or 
other  laws  of  these  Confederate  States. 


SEC.  8.  Be  it  farther  enacted,  That  the  clerk 
of  the  Court  shall,  at  the  request  of  the  Receiver, 
from  time  to  time,  issue  writs  of  garnishment, 
directed  to  one  or  more  persons,  commanding 
them  to  appear  at  the  then  sitting,  or  at  any  fu 
ture  term  of  the  Court,  and  to  answer  under 
oath  what  property  or  effects  of  any  alien  ene 
my  he  had  at  the  service  of  the  process,  or  since 
has  had  under  his  possession  or  control  belong 
ing  to  or  held  for  an  alien  enemy,  or  in  what 
sum,  if  any,  he  is  or  was  at  the  time  of  service 
of  the  garnishment,  or  since  has  been  indebted 
to  any  alien  enemy,  and  the  Court  shall  have 
power  to  condemn  the  property  or  effects,  or 
debts,  according  to  the  answer,  and  to  make 
such  rules  and  orders  for  the  bringing  in  of  the 
third  persons  claiming  or  disclosed  by  the  an 
swer  to  have  an  interest  in  the  litigation  as  to 
it  shall  seem  proper;  but  in  no  case  shall  any 
one  be  heard  in  respect  thereto,  until  he  shall, 
by  sworn  plea,  set  forth  substantially  the  mat 
ters,  before  required  of  parties  pleading.  And 
the  decree  or  judgment  of  the  Court,  rendered 
in  conformity  to  this  act,  shall  forever  protect 
the  garuishee  in  respect  to  the  matter  involved. 
And  in  all  cases  of  garnishment  under  this  act, 
the  Receiver  may  test  the  truth  of  the  garnishee's 
answer  by  filing  a  statement,  under  oath,  that  he 
believes  the  answer  to  be  untrue,  specifying  the 
particulars  in  which  ho  believes  the  garnishee 
has,  by  omission  or  commission,  not  answered 
truly:  whereupon  the  Court  shall  cause  an  issue 
to  be  made  between  the  Receiver  and  garnishee, 
and  judgment  rendered  as  upon  the  trial  of  other 
issues.  And  in  all  cases  of  litigation  a  copy  of 
which  shall  be  served  on  the  opposite  party  or 
his  attorney,  and  which  shall  be  answered  under 
oath  within  thirty  days  of  such  service,  and 
upon  failure  so  to  answer,  the  Court  shall  make 
such  disposition  of  the  cause  as  shall  to  it  seem 
mo.-t  promotive  of  justice;  or,  should  it  deem 
answers  to  the  interrogatories  necessary  in  order 
to  secure  a  discovery,  the  Court  shall  imprison, 
the  party  in  default  until  full  answers  shall  b* 
made. 

SEC.  9.  It  shall  be  the  duty  of  the  District 
Attorney  of  the  Confederate  States,  diligently 
to  prosecute  all  causes  instituted  under  this  act, 
and  he  shall  receive  as  a  compensation  therefor, 
two  per  cent,  upon  and  from  the  fruits  of  all 
litigation  instituted  under  this  act:  Provided, 
That  no  matter  shall  be  called  litigated  except 
a  defendant  be  admitted  by  the  Court  and  a 
proper  plea  be  filed. 

SEC.  10.  Be  it  further  enacted:  That  each 
Receiver  appointed  under  this  act  shall,  at  least 
every  six  months,  and  as  much  oftener  as  he 
may  be  required  by  the  Court,  render  a  true 
and  perfect  account  of  all  matters  in  his  hands 
or  under  his  control  under  the  law,  and  shall 
make  and  state  just  and  perfect  accounts  and 
settlements  under  oath  of  his  collections  of  mo 
neys  and  disbursements  of  all  matters  sepa 
rately,  in  the  same  way  as  if  he  were  adminis 
trator  of  several  estates  of  deceased  persons  by 
separate  appointments.  And  the  settlements 


22 


REBELLION  RECORD,    1860-61. 


and  decrees  shall  be  for  each  case  or  estate 
separately,  so  that  the  transaction  in  respect 
to  each  alien  enemy's  property,  may  be  kept 
recorded  and  preserved  separately.  No  settle 
ment  as  above  provided  shall,  however,  be 
made  until  judgment  or  decree  of  sequestration 
shall  have  passed;  but  the  Court  may,  at  any 
time  pending  litigation,  require  an  account  of 
matters  in  litigation  and  in  the  possession  of  the 
Receiver,  and  may  make  such  orders  touching 
the  same  as  shall  protect  the  interest  of  the  par 
ties  concerned. 

SEC.  11.  When  the  accounts  of  any  Receiver 
shall  be  filed  respecting  any  matter  which  has 
passed  sequestration,  the  Court  shall  appoint  a 
day  for  settlement,  and  notice  thereof  shall  be 
published  consecutively  for  four  weeks  in  some 
newspaper  near  the  place  of  holding  the  Court, 
and  tbe  clerk  of  the  Court  shall  send  a  copy  of 
such  newspaper  to  the  District  Attorney  of  the 
Confederate  States,  for  the  Court  where  the 
matter  is  to  be  heard,  and  it  shall  be  the  duty  of 
said  District  Attorney  to  attend  the  settlement 
and  represent  the  Government,  and  to  see  that 
a  full,  true,  and  just  settlement  is  made.  The 
several  settlements  preceding  the  final  one,  shall 
be  interlocutory  only,  and  may  be  impeached  at 
the  final  settlements,  which  latter  shall  be  con 
clusive  unless  reversed  or  impeached  within  two 
years  for  fraud. 

SEC.  12.  Be  it  further  enacted,  That  the  Court 
having  jurisdiction  of  the  matter  shall,  when 
ever  sufficient  cause  is  shown  therefor,  direct 
the  sale  of  any  personal  property,  other  than 
slaves,  sequestered  under  this  act,  on  such  terms 
as  to  it  shall  seem  best,  and  such  shall  pass  the 
title  of  the  person  as  whose  property  the  same 
has  been  sequestered. 

SEC.  13.  All  settlements  of  accounts  of  Re 
ceivers  for  sequestered  property  shall  be  record 
ed,  and  a  copy  thereof  shall  be  forwarded  by 
the  clerk  of  the  Court  to  the  Treasurer  of  the 
Confederate  States,  within  ten  days  after  the 
decree,  interlocutory  or  final,  has  been  passed ; 
and  all  balances  found  against  the  Receiver, 
shall  by  him  be  paid  over  into  the  Court,  subject 
to  the  order  of  the  Treasurer  of  the  Confederate 
State-,  and  upon  the  failure  of  the  Receiver  for 
five  days  to  pay  over  the  same,  execution  shall 
issue  therefor,  and  he  shall  be  liable  to  attach 
ment  by  the  Court,  and  to  suit  upon  his  bond. 
Any  one  embezzling  any  money  under  this  act 
shall  be  liable  to  indictment,  and  on  convic 
tion,  shall  be  confined  at  hard  labor  for  not  less 
than  six  months  nor  more  than  five  years,  in 
the  discretion  of  the  Court,  and  fined  in  double 
the  amount  embezzled. 

SEC.  14.  Be  it  further  enacted,  That  the  Pres 
ident  of  the  Confederate  States  shall,  by  and 
with  the  advice  and  consent  of  Congress,  or  of 
the  Senate,  if  the  appointment  be  made  under 
the  permanent  Government,  appoint  three  dis 
creet  Commissioners,  learned  in  the  law,  who 
shall  hold  at  the  sent  of  Government  two  terms 
each  year,  upon  notice  given,  who  shall  eit  so 
lung  as  the  business,  before  them  shall  requise, 


whose  duty  it  shall  be,  under  such  rules  as  they 
may  adopt,  to  hear  and  adjudge  such  claims  as 
may  be  brought  before  them  by  any  one  aiding 
this  Confederacy  in  the  present  war  against  the 
United  States,  who  shall  allege  that  he  has  been 
put  to  loss  under  the  act  of  the  United  States, 
in  retaliation  of  which  this  act  is  passed,  or 
under  any  other  act  of  the  United  States,  or  of 
any  State  thereof,  authorizing  the  seizure,  con 
demnation,  or  confiscation  of  the  property  of  ar.y 
citizen  or  resident  of  the  Confederate  States,  or 
other  person  aiding  said  Confederate  States  in 
the  present  war  against  the  United  States,  and 
the  finding  of  such  Commissioners  in  favor  of 
any  such  claim,  shall  be  pritna  facie  evidence 
of  the  correctness  of  the  demand ;  and  whenever 
Congress  shall  pass  the  claim,  the  same  shall  be 
paid  from  any  money  in  the  Treasury  derived 
from  sequestration  under  this  act:  Provided, 
That  said  Board  of  Commissioners  shall  not  con 
tinue  beyond  the  organization  of  the  Court  of 
Claims  provided  for  by  the  Constitution,  to  which 
Court  of  Claims  the  duties,  herein  provided  to 
be  discharged  by  Commissioners,  shall  belong 
upon  the  organization  of  said  Court.  The  sala 
ries  of  said  Commissioners  shall  be  at  the  rate 
of  two  thousand  five  hundred  dollars  per  annum, 
and  shall  be  paid  from  the  Treasury  of  the  Con 
federacy.  And  it  shall  be  the  duty  of  the  At 
torney-General,  or  his  assistant,  to  represent 
the  interests  of  this  Government  in  all  cases 
arising  under  this  act  before  said  Board  of  Com 
missioners. 

SEC.  15.  Be  it  further  enacted,  That  all  ex 
penses  incurred  in  proceedings  under  this  act 
shall  be  paid  from  the  sequestered  fund,  and  the 
Judges,  in  settling  accounts  with  Receivers, 
shall  make  to  them  proper  allowances  of  com 
pensation,  taking  2£  per  cent,  on  receipts,  and 
the  same  amount  on  expenditures,  as  a  reason 
able  expenditure  in  all  cases.  The  fees  of  the 
officers  of  the  Court  shall  be  such  as  are  allowed 
by  law  for  similar  services  in  other  cases,  to  be 
paid,  however,  only  from  the  sequestered  fund: 
Provided,  That  all  sums  realized  by  any  Re 
ceiver  in  one  year  for  his  services,  exceeding 
five  thousand  dollars,  shall  be  paid  into  the 
Confederate  Treasury,  for  the  use  of  the  Con 
federacy. 

SEC.  16.  Be  it  further  enacted,  That  the  At 
torney-General  shall  prescribe  such  uniform 
rules  of  proceedings  under  the  law,  not  herein 
otherwise  provided  for,  as  shall  meet  the  neces 
sities  of  the  case. 

SEC.  17.  Be  it  further  enacted,  That  appeals 
may  lie  from  any  final  decision  of  the  Court 
under  this  law,  in  the  same  manner  and  within 
the  same  time  as  is  now,  or  hereafter  may  be, 
by  law  prescribed  for  appeals  in  other  civil 
cases. 

SEC.  1 8.  Be  it  further  enacted,  That  the  word 
"person  "in  this  law  includes  all  private  cor 
porations  ;  and  in  all  cases  when  corporations 
become  parties,  and  this  Inw  requires  an 
oath  to  be  made  by  some  officer  of  such  cor 
poration. 


DOCUMENTS. 


23 


SEC.  19.  Be  it  further  enacted,  That  the 
Courts  are  vested  with  jurisdiction,  and  required 
bv  this  act  to  settle  all  partnerships  heretofore 
existing  between  a  citizen  and  one  who  is  an 
alien  enemy ;  to  separate  the  interest  of  the 
alien  enemy,  and  to  sequestrate  it;  and  shall, 
also,  sever  all  joint  rights  when  an  alien  enemy 
is  concerned,  and  sequestrate  the  interest  of 
such  alien  enemy. 

SEC.  20.  Be  it  further  enacted,  That,  in  cases 
of  administration  of  any  matter  or  thing  under 
this  act,  the  Court  having  jurisdiction  may  make 
such  orders  touching  the  preservation  of  the 
property  or  effects  under  the  direction  or  con 
trol  of  the  Receiver,  not  inconsistent  with  the 
foregoing  provisions,  as  to  it  shall  seem  proper. 
And  the  Receiver  may,  at  any  time,  ask  and 
have  the  instructions  of  the  Court  or  Judge,  re 
specting  his  conduct  in  the  disposition  or  man 
agement  of  any  property  or  effects  under  his 
control. 

SEO.  21.  Be  it  further  enacted,  That  the 
Treasury  notes  of  this  Confederacy  shall  be  re 
ceivable  in  payment  of  all  purchases  of  property 
or  effects  sold  under  this  act. 

SEO.  22.  Be  it  farther  enacted,  That  nothing 
in  this  act  shall  be  construed  to  destroy  or  im 
pair  the  lien  or  other  rights  of  any  creditor,  a 
citizen  or  resident  of  either  of  the  Confederate 
States,  or  of  any  other  person,  a  citizen  or  res 
ident  of  any  country,  State,  or  Territory,  with 
which  this  Confederacy  is  in  friendship,  and 
which  person  is  not  in  actual  hostility  to  this 
Confederacy.  And  any  lien  or  debt  claimed 
against  any  alien  enemy,  within  the  meaning 
of  this  act,  shall  be  propounded  and  filed  in 
the  Court,  in  which  the  proceedings  of  seques 
tration  are  had,  within  twelve  months  from 
the  institution  of  such  proceedings  for  seques 
tration  ;  and  the  Court  shall  cause  all  proper 
parties  to  be  made  and  notices  to  be  given,  and 
shall  hear  and  determine  the  respective  rights 
of  all  parties  concerned :  Provided,  however, 
that  no  sales  or  payments  over  of  money  shall 
be  delayed  for  or  by  reason  of  such  rights  or 
proceedings;  but  any  money  realized  by  the 
Receiver,  whether  paid  into  the  Court  or  Treas 
ury,  or  still  in  the  Receiver's  hands,  shall  stand 
in  lieu  of  that  which  produced  said  money,  and 
be  held  to  answer  the  demands  of  the  creditors 
aforesaid,  in  the  same  manner  as  that  which 
produced  such  money  was.  And  all  claims  not 
propounded  and  filed  as  aforesaid,  within  twelve 
months  as  aforesaid,  shall  cease  to  exist  against 
the  estate,  property,  or  effects  sequestered,  or 
the  proceeds  thereof. 

[This  act  for  the  sequestration  of  the  property 
of  alien  enemies,  and  for  the  indemnity  of  citi 
zens  of  the  Confederate  States,  and  persons  aid 
ing  the  same  in  the  war,  was  passed  at  the  sec 
ond  session  of  the  "  Congress  of  the  Confederate 
States  of  America,"  held  at  Richmond,  Va.,  and 
approved  by  Jefferson  Davis  on  the  30th  day 
of  August,  1861.]— ^a.  R.  R. 


Doc.  4. 
FORTS  TAYLOR  AND  JEFFERSON, 

HOW   THEY   WERE   SAVED. 

U.  S.  STEAMER  MOHAWK,  blockading  off     ) 
ST.  MARK'S,  FLORIDA,  Oci.  2:5,  IStil.  f 

Frank  Moore,  Esq.,  Ed.  of  the  Rebellion  Record  : 
SIR:  I  forward  for  publication  in  your  val 
uable  work  an  account  of  the  important  ser 
vices  during  the  winter  of  I860— '61,  by  which 
were  saved  those  "Keys  of  the  Gulf,"  Forts 
Taylor  and  Jefferson.  They  instantly  followed 
the  resignations  of  Congressmen  and  other  Gov 
ernment  officers  from  South  Carolina ;  the  ex 
traordinary  military  demonstrations  in  that 
State,  and  imitated  successively  in  Georgia, 
Alabama,  Louisiana,  and  Florida — before  any 
act  of  secession  had  passed,  while  Fort  Sumter 
was  unoccupied,  and  while  part  of  the  people 
were  uninstructed  of  the  treacheries  surround 
ing  the  late  Administration — and  were,  if  not 
the  first,  among  the  earliest  manifestations  of  a 
jealous  patriotism  necessary  for  the  mainte 
nance  of  a  country's  integrity. 

Occurring  under  my  immediate  observation, 
I  will  briefly  narrate  them  :  I  was,  as  now,  at 
tached  to  the  U.  S.  steamer  Mohawk,  com 
manded  by  Lieut.,  now  Commander,  T.  Augus 
tus  Craven,  employed  in  cruising  for  slavers  off 
the  island  of  Cuba.  During  September  and 
October  we  were  repairing  at  the  Navy  Yard 
at  Pensacola,  where  were  occasionally  heard 
those  unaccustomed  expressions  which  are  now 
recognized  as  the  vernacular  of  rebellion.  Re 
pairs  completed  we  returned  to  our  station,  and 
after  a  short  cruise  put  in  to  Key  West,  our 
depot.  November  14th  the  mail  steamer  Isa 
bel  arrived  from  Charleston,  bringing  the  elec 
tion  returns  and  news  of  the  revolt  in  South 
Carolina.  The  excitement  produced  was  in 
tense, — palmetto  badges  soon  appeared  in  the 
streets,  the  rebellious  acts  wrere  warmly  en 
dorsed  by  many  of  the  most  influential  resi 
dents,  and  the  measure  bruited  that  all  the 
cotton  growing  States  would  cooperate  with 
South  Carolina,  and  as  a  first  and  necessary  step 
take  possession  of  the  Government  defences  at 
Pensacola,  Key  West,  and  Tortugas. 

A  week  before  this,  Capt.,  now  Qnartermas- 
ter-General,  M.  C.  Meigs  had  arrived  to  take 
charge  of  the  works  at  Tortugas;  he  had  trav 
elled  overland  from  Washington  to  Pensacola, 
stopping  some  time  in  Georgia,  where  he  heard 
the  same  measure  earnestly  espoused,  and  from 
other  causes  he  had  become  convinced  of  the 
peril  our  country  has  since  encountered.  At 
this  time  Fort  Jefferson,  at  Tortugas,  was  at  the 
mercy  of  any  invader ;  though  the  walls  were 
completed  as  to  height,  and  the  lower  tier  of 
ports  finished,  the  upper  embrasures  were  en 
tirely  open,  and  many  temporary  sally-ports  had 
been  left  for  the  convenience  of  laborers  with 
substantial  bridges  leading  out  to  the  sea  wall. 
Fort  Taylor,  at  Key  West,  was  very  consider 
ably  nearer  completion  and  had  the  casemate 


24 


REBELLION  RECORD,  1860-61. 


battery  mounted,  though  still  in  the  hands  of 
Oapt.  Hunt,  of  the  Engineers;  Capt.,  now 
Brig.-Gfu.,  J.  M.  Brannon,  with  a;  company  of 
the  First  Artillery,  occupying  barracks  about 
a  mile  and  a  half  distant.  The  laborers  at  both 
forts  were  chiefly  slaves,  owned  by  those  now 
arraying  themselves  against  Government,  and 
•who,  though  determined  eventually  to  possess 
the  forts,  were  disposed  to  delay  as  long  as  pos 
sible  on  account  of  the  revenue  their  otherwise 
uifc-in ployed  ''niggers"  were  yielding.  They 
felt  a  confidence  and  security  that  the  prey  was 
at  any  time  within  their  grasp — Tortugns  seem 
ed  beyond  escape,  and  at  Key  West  was  an 
armed"  band  called  the  Island  Guard,  its  captain 
the  clerk  at  Fort  Taylor,  and  an  old  rat  at  the 
Government  crib;  the  First  Lieut.,  editor  of  a 
scurrilous  sheet  devoted  to  secession;  and  as  a 
body  could  be  regarded  with  the  satisfaction  a 
corsair  scans  his  crew — moreover  some  of  the 
most  responsible  residents  holding  office  under 
Government  were  committed  that  Capt.  Bran- 
non's  company  must  march  over  their  dead 
bodies  to  reach  the  fort ! 

It  was  determined  to  defeat  these  designs 
upon  the  forts,  though  the  efforts  would  be  em 
barrassed  by  the  presence  of  officers  openly  ad 
vocating  secession,  who  have  since  resigned  and 
taken  places  in  the  rebel  ranks,  and  the  cer 
tainty  that  the  undertaking  would  bring  upon 
its  authors  the  malignancy  of  an  unprincipled 
horde,  and  would  doubtless  be  unsustained  by 
their  respective  departments. 

Two  semi-monthly  lines  of  mail  steamers 
connected  Key  West  with  Havana,  the  one 
with  Charleston,  the  other  with  New  Orleans. 
The  "Mfignolia"  had  sailed  for  New  Orleans 
on  the  15th  (Nov.);  the  "Isabel"  would  leave 
for  Charleston  on  the  17th ;  so  on  the  evening 
of  the  IGth  the  Mohawk  sailed  "on  a  cruise," 
and  the  next  morning  ran  in  to  Havana,  where 
•we  boarded  the  mail  steamers  Cahawba  and 
Bienville,  departing,  the  one  for  New  York,  the 
other  for  New  Orleans,  requesting  to  be  re 
ported  "  after  slavers ;"  as  soon  as  these  steamers 
•were  well  clear  of  the  Moro,  our  anchor  was 
weighed  and  the  next  day  we  arrived  at  Tor- 
tuga?.  That  same  Sunday  morning,  at  church 
time,  Capt.  Brannon,  at  Key  West,  quietly 
marched  his  company  by  a  back  path,  sending 
munitions,  stores,  &c.,  around  by  water,  and 
occupied  Fort  Taylor;  Capt.  Stanley  having 
dropped  the  IT.  S.  steamer  Wyandotte  into  po 
sition  where  her  battery  commanded  the  long 
bridge  leading  from  the  island  out  to  the  fort. 

Both  forts  were  soon  in  a  defensible  condi 
tion.  At  Tortugas  the  temporary  sally-ports 
were  solidly  filled  in  and  the  bridges  cut  away, 
the  iron  shutters  of  the  lower  ports  closed  and 
secured,  and  the  upper  embrasures  bricked  up, 
leaving  narrow  loopholes  for  small-arms. 

The  rage  which  this  ruse  de  guerre  produced 
throughout  secessia  beggars  description. 

Thus  time  passed  until  the  second  week  in 
December,  when  these  unordered  proceedings, 


having  reached  the  Cabinet,  were  strongly  dis 
approved  by  at  least  Cobb,  Floyd,  and  Thomp 
son  ;  even  many  northern  papers  virtuously  de 
claimed  against  measures  so  "  irritating"  !  In 
consequence  Capts.  Meigs  and  Craven  were 
"  rapped  over  the  knuckles  "  by  their  respective 
departments,  and  as  occasion  afterward  afford 
ed  other  officers  who  had  made  a  display  of  pa 
triotism  were  "pitched  into  on  general  princi 
ples." 

In  obedience  to  orders  the  Mohawk  again 
started  for  her  cruising  grounds,  and  within  a 
week,  beside  going  ashore,  succeeded  in  cap 
turing  two  slavers,  when  we  returned  to  Key 
West,  where  Capt.  C.  assumed  the  responsibility 
of  remaining;  though  somehow  at  the  Departure 
of  every  steamer  the  rumor  was  current  that 
we  were  about  getting  under  weigh  for  To^ 
tugas. 

At  length,  in  the  latter  part  of  January,  one 
company  of  artillery  arrived  for  Fort  Jefferson. 
"While  they  were  disembarking  the  steamer 
Galveston,  of  New  Orleans,  with  a  force  on 
board  to  take  the  fort,  appeared  in  sight ;  but 
discovering  the  steamer,  (transport  Joseph  Whit 
ney,)  and  probably  understanding  the  object  of 
her  visit,  (lid  not  approach  or  make  any  demon 
stration  other  than  to  put  about  and  disappear." 

The  artillery  brought  but  their  field  battery ; 
Capt.  Meigs,  with  accustomed  energy,  as  soon  as 
she  was  unloaded,  took  the  steamer,  and  came 
up  to  Key  West  for  six  eight-inch  guns  from 
Fort  Taylor,  and  the  second  day  by  the  aid  of 
the  Mohawk's  crew  they  were  mounted  in  Fort 
Jefferson.  From  that  time  the  Keys  were  safe, 
but  many  fillibustering  raids  for  their  capture 
were  designed — at  one  time  a  large  number  of 
"  Concha  "  *  suddenly  left  the  Key  for  the  Baha 
mas,  for  the  reason  that  "they  didn't  want  to 
be  made  to  march  across  that  long  bridge  and 
be  shot  down  by  the  soldiers  in  the  fort." 

A  detailed  account  of  the  attending  incidents 
of  thnt  period,  of  the  novel  plottings  of  the 
secessionists,  the  modes  by  which  they  were 
discovered  and  circumvented, — of  the  energetic 
measures  which  broke  up  and  scattered  the  nest 
of  mongrel  traitors  and  preserved  the  islands 
for  a  safe  Government  depot  and  a  delightful 
abode  or  resort  for  loyal  Americans,  would  be 
one  of  the  most  interesting  sketches  of  the  re 
bellion,  particularly  to  those  acquainted  with 
the  peculiar  construction  of  the  original  social 
fabric  of  the  Key. 

lam,  respectfully,  &c.,  your  obedient  servant, 
DELAVAN  BLOODGOOD, 

Assistant-Surgeon  U.  8.  N. 

*  The  "Concha11  are  natives  of  the  Bahama  Islands,  and 
arc  so  termed  from  the  quantity  of  shells  found  in  that  por 
tion  of  the  world.  Mr.  Samuel  Whiting,  at  present  (1861) 
the  United  States  Consul  at  the  port  of  Nassau,  New  Provi 
dence,  says,  in  a  letter  to  the  editor  of  the  "  Rebellion  Rec 
ord"  "  There  is  but  one  drawback  to  my  enjoyment  here, 
and  that  is  the  ultra-secession  proclivities  of  the  u  Concha." 
This  is  all  the  more  strange  when  it  is  known  that  nine* 
tenths  of  all  the  Bahama  trade  is  with  the  North." 


DOCUMENTS. 


Doc.  5. 
MASS  MEETING  IN  IRVING  HALL,* 

NEW  YORK,  Sept.  10, 1861. 

THE  announcement  in  the  papers  yesterday  morn 
ing,  says  a  New  York  contemporary,  that  the  Hon. 
Joseph  Holt,  the  representative  Union  man  of  Ken 
tucky,  would  address  the  people  of  New  York,  called 
together  through  the  rough  and  howling  storm  of  last 
evening  the  largest  audience  which  Irving  Hall  is  ca 
pable  of  containing.  Long  before  the  hour  for  which 
the  meeting  was  called  every  seat  was  occupied,  and 
bV  eight  o'clock  every  inch  of  standing  room  was  as 
hJtly  contested  as  the  heights  to  the  west  of  Wash 
ington.  There  was  a  large  number  of  ladies  in  the 
galleries. 

The  arrival  of  Mr.  Holt  was  the  signal  for  impetu 
ous  cheering — the  whole  audience  rising,  and  waving 
hats  and  handkerchiefs.  He  was  accompanied  upon 
the  platform  by  Peletiah  Perit,  Chas.  H.  Marshall, 
John  Jay,  Peter  Cooper,  Prosper  M.  Wetmore,  Ros- 
well  C.  Hitchcock,  S.  B.  Chittenden,  and  others  of 
the  Chamber  of  Commerce,  at  whose  solicitation  he 
had  consented  to  speak. 

Wm.  E.  Dodge,  Esq.,  called  the  meeting  to  order, 
and  nominated  Peletiah  Perit  chairman  of  the  meet 
ing.  The  nomination  was  unanimously  acceded  to. 

Mr.  Perit,  on  taking  the  chair,  said:  We 
are  assembled  this  evening,  to  give  a  public 
reception  to  our  distinguished  fellow-citizen, 
the  Hon.  Joseph  Holt,  of  Kentucky,  (applause,) 
who  is  accidentally  with  us.  Mr.  Holt  has 
been  drawn  to  this  city  by  business  motives, 
and  had  not  intended  to  take  any  part  in  any 
public  demonstration  ;  but  he  has  kindly  yield 
ed  to  the  solicitations  of  the  committee  of  the 
Chamber  of  Commerce  and  many  distinguished 
citizens,  and  honors  us  with  his  company  this 
evening.  (Applause.)  It  might  be  a  proper 
introduction  to  the  proceedings  of  this  evening 
to  advert  to  a  few  of  those  important  events 
•which  have  given  special  prominence  to  Mr. 
Holt  before  the  public  at  this  time.  We  all  of 
us  Remember  that  doleful  interval  in  our  his 
tory  when  the  Executive  Government  appeared 
to  be  paralyzed  ;  when  the  army  of  the  United 
States,  under  the  ingenious  arrangements  of 
Mr.  Floyd,  had  been  scattered  through  remote 
regions,  and  was  unavailable  for  any  important 
purpose ;  when  the  best  arms  of  the  Govern 
ment  had  been  carefully  sent  to  those  States 
which  were  ripe  for  secession ;  and  when  the 
navy  of  the  United  States  was  scattered 
throughout  remote  parts  of  the  earth,  inacces 
sible  to  the  orders  of  the  Government.  It  was 
under  these  circumstances  that  Mr.  Holt  ac 
cepted  the  appointment  of  Secretary  of  War, 
(cheers ;)  and  I  am  sure  that  I  do 'not  trans 
gress  the  limits  of  truth  when  I  say  that  it  was 

*  Reprinted  from  the  reviled  report  in  the  Louisville 
Journal. 


owing  to  his  firmness,  and  patriotism,  and  vigor, 
in  a  great  measure,  that  our  Government  was 
saved  from  ruin.  (Applause.)  I  am  sure  that 
I  utter  the  sentiments  of  all  this  large  audience, 
when  I  say  that  we  owe  to  Mr.  Holt— there 
are  due  to  him  from  every  patriotic  citizen — cor 
dial  acknowledgments  and  everlasting  gratitude 
for  the  services  which  he  has  rendered.  I  have 
the  honor  to  introduce  Mr.  Holt  to  the  Assembly. 

SPEECH   OF   HON.    JOSEPH   HOLT. 

FELLOW- CITIZENS: — It  is  to  me  a  source  of 
boundless  rejoicing  that  the  freemen  of  Ken 
tucky  are  still  permitted  to  call  the  freemen  of 
New  York  their  fellow-citizens.  Traitors  with 
in  and  traitors  without  have  striven  unceas 
ingly  to  drag  that  noble  Commonwealth  from 
the  moorings  of  her  loyalty,  and  to  send  her 
adrift  upon  that  stormy  sea  of  rebellion  and 
treason  on  which  so  many  of  our  States  are 
being  wrecked,  but  their  seductions  and  their 
threaten! rigs  have  proved  alike  unavailing.  In 
spite  of  all  their  violence  and  of  all  their 
treacherous  efforts  to  rend  them  asunder,  New 
York  and  Kentucky  stand  this  night  before  the 
world  as  sisters.  The  freemen  of  Kentucky  are 
still  the  brethren  of  tlie  freemen  of  New  York, 
bound  together  by  the  same  blessed  memories, 
kindled  by  the  same  transporting  hopes,  and 
animated  by  the  same  lofty,  inflexible  resolve 
to  maintain  the  Union  of  these  States,  what 
ever  expenditure  of  life  and  of  treasure  the 
patriotic  struggle  may  involve.  Kentucky  has 
not  now,  she  never  has  had,  the  slightest  sym 
pathy  with  those  conspirators  who,  at  the  head 
of  armies,  and  in  the  mad  pursuit  of  power,  are 
now  reddening  their  hands  in  a  nation's  blood. 
She  abhors  them  as  Rome  abhorred  Catiline,  as 
the  American  people  abhor  Benedict  Arnold, 
as  Christians  abhor  the  memory  of  Judas 
Iscariot.  That  abhorrence  was  fully  expressed 
in  her  recent  election;  and  yet,  in  defiance  and 
in  contempt  of  that  overwhelming  popular  de 
monstration,  the  public  papers  now  assure  us 
that  the  secessionists  are  actively  engaged  in 
machinations  to  plunge  that  State  into  the  hor 
rors  of  civil  war,  simply  and  solely  because  she 
has  refused  to  follow  the  example  of  Faust  and 
sell  herself  to  the  Devil.  If  this  be  true,  ond, 
like  the  political  bandits  of  Mexico  and  South 
America,  they  atrociously  insist  upon  appealing 
from  the  popular  vote  to  the  sword,  mid  strike 
the  first  blow,  I  predict  it  will  then  appear  that 
the  Union  men  of  Kentucky,  with  all  their  sin 
cere  love  of  peace  and  desire  for  it,  carry  bul 
lets  as  well  as  ballots  in  their  pockets. 

Fellow-citizens,  I  wish  I  had  language  in 
which  adequately  to  convey  to  you  my  most 
grateful  sense  of  the  warm  and  cheering  recep 
tion  with  which  you  have  honored  me  to-night, 
and  my  sincere  thanks  to  the  distinguished 
chairman  of  this  meeting  for  the  graceful  and 
flattering  terms  in  which  he  has  presented  me 
to  you.  The  very  sfight  services  which  it  has 
been  my  fortune  to  render  to  our  common  coun 
try,  and  to  which  he  has  referred  in  words  of 


REBELLION   RECORD,  1SGO-61. 


such  hearty  approval,  have  no  claims  to  the 
generous  appreciation  which  they  have  here 
and  elsewhere  received.  Had  I,  with  hetter  for 
tune,  been  able  to  accomplish  infinitely  more, 
1  should  only  have  done  my  duty ;  while  I 
should  have  been  abased  in  my  own  esteem, 
«id  utterly  infamous  before  the  world,  had  I 
done  any  thing  less. 

When  I  accepted  from  the  Chamber  of  Com 
merce  the  highly-prized  honor  of  appearing  be 
fore  you  to-night,  it  was  with  the  distinct  un 
derstanding  that  I  would  not  inflict  upon  you 
a  set  political  harangue.  An  elaborate  discus 
sion  of  those  topics  which  now  so  painfully 
occupy  the  public  mind  is  not  at  all  necessary 
before  the  loyal  men  of  New  York.  The  fear 
ful  import  of  current  events,  and  the  stern  du 
ties  which  these  events  impose  upon  all  who 
truly  love  their  country,  are  too  well  under 
stood  by  yourselves  to  make  it  incumbent  upon 
m§  on  this  occasion  to  seek  either  to  explain 
th6m  or  to  impress  them  upon  your  con 
sciences.  A  few  thoughts,  however,  somewhat 
in  connection  with  a  journey  which  I  have 
recently  made  through  several  of  the  loyal 
States,  may  be  properly  submitted  for  your 
consideration. 

Everywhere,  I  have  found  the  most  healthful 
and  encouraging  condition  of  the  public  senti 
ment  in  reference  to  the  prosecution  of  this  war ; 
nowhere  have  I  met  with  threatening  or  bluster, 
or  any  feeling  of  exasperation  against  the  peo 
ple  of  the  South,  but  at  every  point,  a  calm  yet 
stern  determination  to  sustain  the  Government, 
mingled  with  a  sadness  whose  depth  and  ten 
derness  1  should  in  vain  endeavor  to  describe. 
Strong  and  brave  men,  while  speaking  to  me  of 
our  national  dissensions  and  sorrows,  have 
wept,  and  I  honored  them  for  it ;  for  if  a  brave 
man  cannot  weep  over  the  threatened  ruin  of 
such  a  Government  and  country  as  ours,  where 
is  there  the  catstrophe,  where  the  tomb  that 
could  touch  his  heart?  Everywhere  all  seem 
now  to  realize  that  this  is  not  a  war  upon  the  peo 
ple  of  the  South,  but  rather  in  their  defence,  and 
for  their  deliverance.  If  it  were  indeed  waged 
against  them,  we  might  well  lay  our  faces  in 
the  dust  and  confess  that  our  glorious  institu 
tions  are  a  failure ;  but  it  is  waged  against  a 
band  of  conspirators),  who,  having  usurped  the 
government  of  that  distracted  portion  of  our 
country,  have  established  a  military  despotism 
there,  and  are,  in  the  selfishness  and  remorse- 
lessness  of  their  ambition,  kindred  in  guilt  to 
the  very  worst  of  those  profligate  men  who  in 
other  ages  and  lands  have  disturbed  the  repose 
of  nirfioiis. 

The  public  mind  no  longer  occupies  itself 
with  discussions  as  to  the  causes  of  this  war, 
nor  traces  its  logic  in  exposing  the  monstrosi 
ties  of  the  doctrine  of  secession.     In  the  light  i 
of  current  and  recent  events,  we  well  know  | 
what    secession  was   intended  to  accomplish,  ! 
and  bitterly  do  we  know  what  it  has  accom-  | 
plishcd,  and  we  would  now  no  more  think  of 
gravely  examining  its  character  and  tendencies  I 


to  prove  it  treasonable,  than  we  would  think 
of  analyzing  the  kiss  of  Judas  to  show  that  it 
was  full  of  the  poison  of  treachery. 

Equally  matured  is  the  public  judgment  as 
to  the  consequences  which  would  tlow  from 
the  success  of  the  rebellion.  The  providences 
of  God  and  the  most  sacred  compacts  of  men 
have  made  us  one  people,  and  the  experience 
of  three-quarters  of  a  century  has  demonstrated 
that  in  this  unity  of  government,  of  country, 
and  of  people  consist  at  once  our  greatness  and 
our  happiness.  To  dismember  these  States  now, 
and  cast  their  wretched  fragments  upon  the 
wild  and  bloody  torrent  of  revolution  to  be 
come  the  prey  of  every  audacious  spoiler, 
would  be  as  fatal  to  our  repose  and  freedom  as 
a  nation,  and  to  all  our  hopes  of  future  pros 
perity,  as  the  severance  of  our  own  bodies 
would  be  fatal  to  the  life  that  is  within  us. 

Equally  fixed  is  the  public  mind  in  reference 
to  the  character  of  this  war.  It  is  riot  one  of 
aggression,  or  conquest,  or  spoliation,  or  pas 
sion,  but,  in  every  light  in  which  it  can  be  re 
garded,  it  is  a  war  of  duty.  The  struggle  is  in 
tensely  one  for  national  existence  ;  and  so  hal 
lowed  in  its  spirit  and  aims,  that  the  flock  and 
the  pastor,  those  who  worship  around,  and 
those  who  minister  at  the  altar,  may  contribute 
alike  their  blood  and  treasure  in  its  support,  in 
full  assurance,  that  in  so  doing  they  come  up 
only  to  the  requirements  of  a  Christian  and 
patriotic  life.  It  is  a  war  of  duty,  because  un 
der  our  Christian  civilization  no  nation  can 
commit  suicide  without  the  perpetration  of  a 
cowardly  and  infamous  crime;  bat,  morally  at 
least,  that  nation  does  commit  suicide,  which 
surrenders  up  its  life  to  an  enemy  from  which 
courage  and  manhood  could  have  saved  it.  It 
is  a  war  of  duty,  because  we  have  no  right  to 
bear  our  fathers'  names  and  insult  their  mem 
ory  by  giving  up,  to  be  trodden  under  the  feet 
of  traitors,  the  noble  institutions  purchased  by 
their  blood.  It  is  a  war  of  duty,  because  we 
have  no  riglit  to  bestow  our  names  upon  our 
children  stripped  of  that  grand  inheritance 
which  belongs  to  them,  and  for  the  transmis 
sion  of  which  we  are  but  the  appointed  agents 
of  the  illustrious  men  who  won  it  by  the  sword, 
and  with  their  lives.  It  is  a  war  of  duty,  be 
cause,  devoted  as  we  profess  to  be  to  law  and 
order  and  to  the  highest  interests  of  civiliza 
tion,  it  is  among  our  most  pressing  obligations 
to  rebuke  and  chastise  the  daring  crime,  which, 
through  the  Southern  rebellion,  is  being  com 
mitted,  not  only  against  ourselves,  but  against 
the  very  race  to  which  we  belong.  It  is  finally 
a  war  of  duty,  because  we  have  assumed  to 
ourselves  as  a  people,  the  special  championship, 
at  once,  of  the  right  and  of  the  capacity  of  man 
for  self-government,  and  that  assumption  has 
been  accepted  by  the  lovers  of  freedom  every 
where;  and  now,  with  the  nations  looking 
down  upon  us,  as  from  the  seats  of  some  vast 
amphitheatre,  we  cannot,  without  treachery  to 
our  trust  and  complete  self-degradation,  suffer 
this  sacred  and  sublime  cause  to  be  stricken 


'RAZAR  AUGUSTUS    STEARISTS. 

AbJlFTANT  SPrKKGT    MASS.  VOL? 


DOCUMENTS. 


27 


down  upon  the  battle-fields  of  the  South  and 
left  to  perish  there  amid  the  jeers  and  con 
tempt  of  kings  and  despots.  How  often  and 
how  exultingly  have  they  prophesied  this  day, 
and  how  have  they  longed  for  its  coming!  In 
the  essential  antagonism  of  their  institutions  to 
ours,  and  in  their  intense  abhorrence  of  that 
system  of  government  which  gives  the  honors 
and  fortunes  of  the  world  to  the  toiling  mil 
lions,  who  are  the  architects  of  both,  how  glad 
ly  would  each  one  of  them  to-day  build  a  mon 
ument  to  the  skies,  provided  he  could  inscribe 
upon  it  these  words :  "  In  memory  of  the 
great  Republic  of  the  United  States ;  founded 
by  Washington,  destroyed  by  Toombs,  Twiggs, 
and  Floyd !  "  What  a  record  for  humanity 
would  that  be ! 

Fellow-citizens,  I  do  but  utter  a  truth  which 
is  now  sadly  present  to  all  minds  when  I  say 
that  the  disloyalty  in  our  midst,  especially  at 
Washington  and  in  the  border  States,  has  been 
a  fruitful  source  of  disaster  and  discouragement 
since  the  very  commencement  of  this  fearful 
struggle.  This  evil  has  assumed,  under  the  for 
bearance  of  the  Government  and  people,  such 
startling  proportions,  that  its  suppression  is 
everywhere  felt  to  be  a  paramount  duty  on  the 
part  of  the  Administration.  Its  prevalence  has 
been  marked  by  the  same  treacheries  and  gross 
excesses  which  have  been  its  unfailing  character 
istics  in  other  ages  and  countries.  Next  to  the 
worship  of  the  Father  of  our  spirits,  the  love 
of  our  native  land  is  at  once  the  strongest  and 
the  noblest  sentiment  of  which  our  nature  is 
susceptible.  When  that  sentiment  has  been 
corrupted,  like  an  arch  from  which  the  key 
stone  has  been  withdrawn,  the  whole  moral 
character  seems  to  tumble  into  ruins.  The 
public  and  private  profligacy  of  traitors  and 
spies,  both  male  and  female,  is  vouched  for  by 
all  history,  and  indeed  has  well-nigh  grown 
into  a  proverb.  The  man  who  will  betray  his 
country  will  betray  his  God ;  he  will  betray 
his  kindred  and  friends,  and,  if  need  be,  the 
wife  of  his  bosom,  and  the  children  of  his  loins. 
This  evil  is  to  be  overcome,  not  by  mobs — 
whose  action  is  for  every  reason  to  be  deplored 
— but  by  the  intrepidly  exerted  authority  of 
the  executive  branch  of  the  Government,  fear 
lessly  assuming  all  responsibility,  and  by  the 
yet  more  crushing  power  of  public  opinion, 
branding  disloyalty  as  socially  and  politically 
infamous,  whenever  and  wherever  encounter 
ed.  The  Government  can  never  attain  to  the 
moral  power  required  to  subdue  this  rebellion 
until  society,  whose  corruption  and  ruin  it 
seeks,  shall  have  the  courage  within  its  own 
circles,  and  at  its  own  firesides,  to  denounce 
and  stigmatize  treason  and  traitors  as  they  are 
denounced  and  stigmatized  by  the  Constitution 
and  laws.  Suppose  you  lived  in  one  of  those 
cities  where  there  is  not  only  a  steam  fire  en 
gine  but  a  paid  company  to  operate  it,  retained 
by  the  corporation,  and  your  house  being  on 
fire  and  this  engine  and  company  vigorously  at 
work  to  extinguish  it,  suppose  you  saw  from 


time  to  time  men  creeping  out  of  the  crowd 
nnd  stealthily  letting  their  knives  into  the  hose 
from  which  the  water  was  seen  to  spout  in 
every  direction,  upon  the  street  and  pave 
ments,  how  long  do  you  think  the  presence  of 
such  miscreants  would  be  tolerated  ?  But  sup 
pose,  upon  looking  more  closely  into  their  faces, 
you  should  discover  that  quite  a  number  of 
these  men  were  members  of  the  fire  company, 
receiving  their  salaries  from  the  very  treasury 
to  which  you  yourself  had  contributed.  In  the 
first  burst  of  your  indignation,  would  you  not 
feel  that  if  the  wretches  were  thrown  into  the 
flames  they  were  thus  indirectly  feeding,  their 
punishment  would  not  be  too  severe  ?  And  yet 
this  has  been  precisely  the  condition  of  the 
Government  of  the  United  States.  The  hose 
with  which  the  Administration  has  been  striv 
ing  to  extinguish  the  fires  of  this  rebellion,  has 
been  cut  and  cut  continually  by  faithless  and 
shameless  ingrates  living  upon  the  public  treas 
ury.  Vigorous  and  well-directed  measures 
have  been  adopted  to  purge  the  Executive  De 
partments  at  Washington  of  these  traitorous 
hose-cutters,  and  good  progress  has  been  made 
in  the  patriotic  work.  From  the  manner,  how 
ever,  in  which  information  continues  to  reach 
the  enemy,  no  doubt  many  of  them  yet  remain, 
and  are  daily  betraying  the  hand  that  feeds 
them.  In  this  hour  of  imminent  national  dan 
ger,  and  threatened  calamity,  none  should  be 
allowed  to  remain  a  moment  in  the  public  ser-r 
vice  whose  loyalty  is  not  above  all  suspicion, 
and  no  loyalty  can  now  be  trusted  which  is  not 
open  and  known  of  all,  and  which  is  not  ardent 
and  unceasing  in  its  manifestations.  Stringent 
steps  too  have  been  taken  in  the  treatment  of 
spies  and  men  otherwise  disloyal  outside  of 
the  public  service,  and  the  country  has  not  only 
approved  but  has  warmly  applauded  what  has 
been  done.  The  rebel  clamor  against  the  sus 
pension  of  the  action  of  the  writ  of  Habeas 
Corpus,  has  not  disquieted  anybody's  nerves. 
The  popular  intelligence  fully  comprehends  that 
the  Constitution  and  laws  were  established  to 
perpetuate  the  existence  of  the  Government,  and 
not  to  serve  as  instruments  for  its  overthrow 
by  aifording  immunity  to  crime  and  perfect 
freedom  of  action  to  traitors.  It  may  be  safely 
assumed  and  declared  that  neither  the  private 
fortune  uor  the  personal  freedom  of  any  man 
or  set  of  men  can  be  permitted  to  stand  in  the 
way  of  the  safety  of  a  republic  upon  whose  pres 
ervation  depend  the  lives,  the  fortunes,  and 
liberties  of  more  than  twenty-six  millions  of 
people.  The  Union  must  be  preserved  and  the 
rebellion  must  be  suppressed,  and  the  country 
will  sustain  the  Administration  in  the  assump 
tion  and  unhesitating  exercise  of  all  powers 
absolutely  necessary  for  the  accomplishment  of 
these  ends.  A  large  part,  however,  of  the  dis 
loyal  men  in  our  midst  are  beyond  the  reacli  of 
the  observation  and  vigilance  of  the  Govern 
ment,  and  the  correction  of  the  evil  must, 
therefore,  largely  depend  upon  the  condemna 
tion  of  public  opinion.  The  men  who  give  aid 


28 


REBELLION   RECORD,  18GO-G1. 


and  rorufort  to  the  enemy  by  secretly  furnish 
ing  them  information,  by  advocating  their 
cause,  by  sowing  dissension  in  our  midst,  by 
insidiously  discouraging  loyal  citizens  from  en 
tering  the  military  service,  are  more  fatally  the 
foes  of  our  country  than  if  they  were  in  the 
ranks  of  the  Confederate  army,  and  they  are, 
morally  at  least,  as  guilty  of  the  death  of  those 
who  fall  in  defence  of  the  Government  as  if 
they  had  met  them  with  loaded  muskets  on 
the  battle-field — and  they  should  be  treated 
accordingly.  I  repeat  it  emphatically,  they 
should  be  treated  accordingly.  In  railroad 
cars,  and  on  steamboats,  in  every  thorough 
fare,  and  in  every  business  and  social  circle, 
disloyalty  should  be  reprobated  and  blasted  as 
a  leprous  and  loathsome  thing.  When,  there 
fore,  such  men  offer  you  their  hands,  look  well 
to  them,  and  if  you  have  the  eyes  which  I 
have,  you  will  see  that  they  are  stained  with 
the  blood  of  brave  and  true  men — it  may  be 
your  kiiidred  and  friends — who  have  perished 
and  are  perishing  still  upon  the  battle-fields  of 
the  South,  and  you  Avill  turn  away  from  them 
with  indignation,  scorn,  and  disgust. 

There  are  doubtless  men — few  in  number,  I 
think — who  sincerely  believe  that — the  ques 
tion  of  public  honor  out  of  view — the  Republic 
could  be  severed,  a  peace  patched  up,  and  that 
the  two  confederacies  would  live  on  thereafter 
as  prosperously  as  before.  A  more  false  and 
fatal  thought  never  crept,  serpent-like,  into  an 
American  bosom,  and  that  man  must  be  utterly 
unread  in  human  history  who  can  entertain  it 
for  a  moment.  You  might  as  well  expect  that 
the  boat,  which  has  been  turned  adrift  above 
the  cataracts  of  Niagara  will  have  a  tranquil 
voyage.  If  you  will  stand,  as  some  of  us  have 
done,  amid  the  ruins  of  the  crumbled  empires 
of  the  old  world  and  ask  them,  they  will  all  an 
swer  you,  it.  is  a  delusion.  If  you  will  enter  the 
cemetery  of  nations,  and  lay  your  ear  to  the 
sepulchres  of  those  young  and  brave,  but  pas 
sion-led  republics  which  have  perished  amid  the 
convulsions  of  civil  strife,  they  will  tell  you  in 
accents  of  brokenness  of  heart,  it  is  a  delusion. 
But  if  you  will  not  listen  to  the  voices  of  the 
past,  go  to  Mexico  and  South  America,  and  ask 
the  inhabitants  of  those  bright  lands,  breathed 
upon,  as  they  are,  by  the  finest  climates  of  the 
earth,  occupying  soils  of  exhaustless  fertility, 
and  living  amid  rivers  and  lakes  and  mountains 
of  grandeur  and  of  inspiration,  and  lifting  up 
their  bowed  heads,  amid  demoralization,  and 

Soverty,  and  dishonor,  they  will  tell  you,  it  is  a 
elusion. 

I  rejoice  to  believe  that  the  spirit  of  loyalty 
dwells  at  this  time  richly  and  abundantly  in 
the  popular  heart  of  the  North  and  West.  But 
I  do  beseech  you — you  who  have  so  deep  a 
stake  in  the  present  and  in  the  future  of  our 
country — you  men  of  culture,  of  fortune,  and 
of  moral  power — I  do  implore  that  by  all  means 
possible  you  will  add  yet  further  to  the  power 
and  to  the  fervor  of  that  loyalty.  If  it  grows 
cold  amid  the  calculations  of  avarice  or  craven 


under  the  discouragements  of  defeat,  our  coun 
try  will  be  overcome.  What  the  crisis  de 
mands  is  a  patriotism  which  will  abide  the  or 
deal  of  fire ;  which  is  purified  from  all  selfish 
ness  and  from  all  fear;  which  is  heroic  and 
exluiustless,  and  which  vows  with  every  throb 
of  life,  if  repulsed,  it  will  rally,  if  stricken 
down,  it  will  rise  again ;  and  that  under  the 
pressure  of  no  circumstances  of  reverse  or  sor 
row  or  suffering  shall  the  national  flag  be  aban 
doned  or  the  honor  of  the  country  be  com 
promised.  What  we  need  is  a  patriotism  that 
rises  to  a  full  comprehension  of  the  actual  and 
awful  peril  in  which  our  institutions  are  placed, 
and  that  is  eager  to  devote  every  power  of 
body,  and  mind,  and  fortune,  to  their  deliver- 
ence — a  patriotism,  which,  obliterating  all  party 
lines  and  entombing  all  party  issues,  says  to 
the  President  of  the  United  States  :  "  Here  are 
our  lives  and  our  estates,  take  them,  use  them 
freely,  use  them  boldly,  but  use  them  success 
fully  ;  for,  looking  upon  the  graves  of  our  fathers, 
and  upon  the  cradles  of  our  children,  we  have 
sworn  that,  though  all  things  else  should  per 
ish,  this  Government  shall  live."  That  man 
who  thinks  of  party  organization,  and  party 
spoils,  and  who  seeks  to  distract  and  divide  the 
public  mind  with  petty  questions  as  to  how  the 
Government  shall  be  administered,  at  a  time 
when  the  enemy  is  at  the  very  doors  of  the 
Capital  declaring  that  there  shall  be  no  Gov 
ernment,  is.  in  my  judgment,  false  to  the  first 
and  highest  duty  of  an  American  citizen. 
When  the  children  of  the  republic  have  been 
summoned  as  a  band  of  brothers  to  battle  for 
its  very  life,  and  when  the  banner  of  that  re 
public  is  floating  mournfully  over  tented  fields, 
every  wrangling  fiag  of  faction  or  of  party  that 
dares  lift  itself  in  its  presence,  should  be  spurn 
ed  as  a  flag  of  disloyalty,  if  not  of  treason.  It 
is  such  a  patriotism  as  this,  and  such  only,  that 
will  conduct  you  to  victory,  and  I  have  un 
speakable  gratification  in  knowing  that  it  is 
now  being  thoroughly  awakened  throughout 
the  loyal  States. 

The  capitalists  of  the  country,  risking  every 
thing,  have  come  forward  with  a  grandeur  of 
devotion  to  the  country,  which,  while  it  will  ex 
cite  the  astonishment  of  Europe,  has  already  in 
spired  the  admiration  and  gratitude  of  every 
true  American  heart.  All  honor  to  them.  They 
have  proved  that  if  there  is  much  geld  in  Wall 
street,  there  is  yet  more  patriotism  there — not 
a  summer  patriotism  that  flourishes  amid  the 
pagans  of  victory,  but  a  patriotism  which  strug 
gles  and  sacrifices  and  suffers,  even  in  the  win 
ter  of  adversity  and  amid  the  very  gloom  of 
national  humiliation.  Unless  the  American 
people  can  thus  feel,  there  is  imminent  danger 
that  the  sun  of  our  national  life,  now  obscured, 
will  yet  go  down  forever  amid  storms  and 
darkness.  If  all  our  great  material  interests 
are  depressed  and  desolated  by  the  shadow  now 
resting  upon  that  sun,  what  would  be  our  con 
dition  were  that  shadow  deepened  into  the 
night  of  permanent  defeat  ?  Is  there  nothing 


DOCUMENTS. 


29 


to  live  for  but  the  gains  of  our  commerce  and 
the  embellishment  of  our  estates  and  homes — 
nothing  but  our  personal  ease  and  comfort? 
Are  honor  and  manhood  arid  loyalty  and  na 
tional  fame  and  the  respect  and  homage  of  the 
world  nothing  ?  Is  it  nothing  to  live  without 
a  country  and  without  a  flag,  without  a  future 
for  ourselves  and  our  children,  and  to  stand 
forth  the  degenerate  and  abased  descendants  of 
a  great  ancestry  ?  We  might  indeed  abjectly 
lay  ourselves  in  the  dust  and  be  stripped  by 
traitor  hands  of  all  that  ennobles  and  sweetens 
human  existence,  and  still  live  on  as  do  the 
cattle  of  the  fields ;  but  our  lives  would  be  far 
more  ignoble  than  theirs.  If,  with  all  our  vast 
material  resources,  and  our  known  and  ac 
knowledged  superiority  of  physical  force  over 
the  rebels;  if  with  all  the  profuse  avowals  of 
devotion  to  our  institutions  which  we  have  so 
clamorously  made,  we  still  suffer  this  rebellion 
to  triumph  over  us,  I  verily  believe  that  the 
American  name  will  become  a  stench  in  the 
nostrils  of  the  world,  and  that  an  American 
citizen  will  not  be  able  to  walk  the  streets  of  a 
European  Capital  without  having  the  finger  of 
scorn  pointed  at  him,  and  without  being  covered 
with  contumely  and  derision. 

If  I  might  be  permitted  to  speak  a  single  word 
upon  such  a  subject,  I  would  earnestly  counsel 
patience  and  forbearance  in  reference  to  those 
charged  with  the  administration  of  the  Govern 
ment.  Before  criticizing,  we  should  remember 
that  we  may  not  see  the  whole  field  of  action, 
and  may  not  theref  >re  be  in  condition  justly  to 
appreciate  the  difficulties  to  be  overcome.  No 
man  can  doubt  the  couraie  or  the  loyalty  of 
the  President  of  the  United  States,  or  his  deter 
mination  to  suppress  this  rebellion.  To  him, 
under  the  Constitution,  the  public  voice  has  ab 
solutely  committed  the  fate  of  the  Republic ; 
his  hands  are  emphatically  your  hands,  and  in 
weakening  him,  you  necessarily  weaken  your 
selves,  and  weaken  the  struggling  country  we 
are  all  laboring  to  save.  He,  too,  is  at  this  mo 
ment  overwhelmed  with  mountains  of  toil  arid 
of  responsibility,  such  as  have  pressed  upon  no 
public  man  in  our  history,  and  he  is  fully  enti 
tled  to  all  the  support  and  consolation  which  a 
generous  and  warm-hearted  patriotism  can  pos 
sibly  give  him. 

Fellow-citizens,  amid  all  the  discouragements 
that  surround  us,  I  have  still  an  unfaltering 
faith  in  human  progress  and  in  the  capacity  of 
man  for  self-government.  I  believe  that  the 
blood  which  the  true  and  the  heroio  lovers  of 
our  race  have  shed  upon  more  than  a  thousand 
fields,  has  borne  fruit,  and  that  that  fruit  is  the 
Republic  of  the  United  States.  It  came  forth 
upon  the  world  like  the  morning  sun  from  his 
chamber;  its  pathway  has  been  a  pathway  of 
light  and  glory,  and  it  has  poured  its  blessings 
upon  its  people  in  the  brimming  fulness  with 
which  the  rivers  pour  their  waters  into  the  sea. 
I  cannot  admit  to  my  bosom  the  crushing 
thought  that,  in  the  full  blaze  of  the  Christian 
civilization  of  the  nineteenth  century,  such  a 


Government  is  fated  to  fall  beneath  the  swords 
of  the  guilty  men  now  banded  together  for  its 
overthrow.  I  cannot,  I  will  not  believe  that 
twenty  millions  of  people,  cultivated,  courage 
ous,  and  loyal — twenty  millions  of  the  Anglo- 
Saxon  race — bearing  the  names  of  the  heroes 
of  the  Revolution  and  passing  their  lives  amid 
the  inspirations  of  its  battle-fields,  will  ignomi- 
niously  suffer  their  institutions  to  be  overturned 
by  ten  millions,  nearly  one-half  of  whom  ore 
helpless  slaves  with  fetters  on  their  hands.  No 
page  of  history  so  dark  and  $o  humiliating  as 
this  has  yet  been  written  of  any  portion  of  the 
human  family,  and  it  were  far  better  that  the 
American  people  should  never  have  been  born 
than  that  they  should  live  to  have  such  a  his 
tory  written  of  themselves. 

The  skirts  of  the  loyal  States  are  free  from 
the  guilt  and  wretchedness  of  this  fratricidal 
strife.  History  will  bear  testimony  how  zeal 
ously,  how  unceasingly,  and  I  must  add,  how 
successfully  the  Government  of  the  United 
States  has  striven  to  protect  nil  the  constitu 
tional  rights  and  irstitutions  of  the  £outh, 
despite  of  all  that  the  South  herself  has  done 
and  is  doing  to  sacrifice  them.  The  blows  we 
are  now  called  upon  to  strike,  we  will  deal 
standing  upon  the  threshold  of  our  national  life, 
and  they  will  fall  upon  those  who,  under  the 
promptings  of  a  maddened  ambition,  would, 
with  armed  hordes,  cross  that  threshold  and 
destroy  us.  Let  us  then  thoroughly  rouee  find 
nerve  ourselves  to  the  great  work  of  duty  that 
is  before  us.  If  it  is  to  be  done  well,  it  should 
be  done  quickly.  If  we  would  spare  both  blood 
and  treasure,  we  should  move  promptly  and 
mightily.  Were  it  possible  at  this  moment  to 
precipitate  the  whole  physical  force  of  the  loyal 
States  as  an  avalanche  upon  the  South,  it  would 
be  a  measure  not  only  of  wisdom  and  economy, 
but  eminently  one  of  humanity  also.  Let  us 
have  faith  and  hope  and  courage,  and  all  will 
yet  be  well. 

Fellow- citizens :  I  feel  that  I  mny  have  spoken 
to  you  with  more  emphasis  and  with  more 
earnestness  of  suggestion  than  I  am  privileged 
to  employ  in  your  presence.  If  I  have  done  so, 
you  will  forgive  the  freedom — I  know  you  will 
— to  that  terrible  conjuncture  of  public  affairs 
in  which  it  is  my  fortune  to  address  you.  If  I 
had  more  interest  than  you  have,  or  less  interest 
than  you  have,  in  the  tragic  events  and  issues 
to  which  we  have  referred,  you  might  well  dis 
trust  me ;  but  I  have  precisely  the  same.  If 
this  Union  is  dismembered  and  the  Government 
subverted,  the  grave  of  every  earthly  hope  will 
open  at  my  feet  and  it  will  open  at  your  feet 
nlso.  In  the  lives  of  families  and  of  nations 
there  arise  from  time  to  time  emergencies  of 
danger  which  press  all  their  members  into  the 
same  common  council  chamber;  and  when  the 
tempest  is  raging  at  sea,  and  all  nautical  skill 
seems  at  fault,  and  the  laboring,  quivering  ves 
sel  shrieks  out  from  every  joint  the  agony  of 
the  conflict,  all  who  are  on  board — alike  the 
humblest  sailor  and  the-  obscurest  passenger— 


30 


REBELLION   RECORD,  1860-61. 


may  rightfully  speak,  on  that  great  principle  of 
our  nature  which  no  human  institutions  can 
modify  and  no  human  despotism  can  subdue — 
the  right  of  self-preservation.  Even  so,  amid 
the  he:idy  currents  of  this  national  tragedy,  I, 
but  an  humble  citizen  of  our  distracted  and 
bleeding  country,  have  ventured  to  lift  up  to 
night  the  voice  *of  counsel  and  of  entreaty  in 
your  hearing. 

SPEECH   OF  WILLIAM  CURTIS   NOYES. 

FELLOW-CITIZENS  :  Mine  is  a  very  humble  of 
fice  after  the  patriotic  utterances  to  which  you 
have  just  listened.  I  have  no  claim  to  trespass 
upon  your  indulgence,  and  there  is  nothing,  I 
fear,  in  wh  it  I  shall  say  that  will  attract  much 
of  your  attention,  after  the  eloquence  to  which 
you  have  just  given  such  deserved  and  excellent 
attention.  But  I  feel,  on  an  occasion  of  this 
sort,  tliat  even  the  humblest  efforts  may  be  of 
some  service  in  such  a  public  emergency  as  that 
upon  which  we  are  now  thrown ;  and  I  esteem 
it  a  privilege,  as  well  as  an  honor,  that  I  have 
been  invited  by  the  Chamber  of  Commerce  to 
make  a  few  remarks,  and  to  offer  the  resolution 
which  I  shall  presently  propose  for  your  adop 
tion. 

It  is  only  a  short  year  ago  that  the  people  of 
this  country  wore  engaged  in  their  peaceful 
pursuits,  an>l  preparing  for  a  Presidential  elec 
tion.  That  election  came  0:1 ;  it  was  conducted 
with,  great  propriety  and  decorum  throughout 
this  land  ;  it  resulted  in  a  way  with  which  you 
are  all  acquainted,  according  to  the  forms  of 
the  Constitution.  Immediately  there  was  a 
traitorous  and  corrupt  appeal  to  the  power  of 
the  sword  to  reverse  the  vote  of  the  people, 
lawfully  and  constitutionally  given.  At  that 
period,  the  distinguished  gentleman  who  has 
addressed  you  was  serving  in  the  councils  of  the 
nation  with  quiet  distinction.  (Applause.)  He 
was  unaware  that  traitors  were  seated  at  the 
same  board  with  him,  preparing  the  engines  of 
destruction  for  him  and  his  people,  and  for  all 
the  people  of  this  country,  without  the  knowl 
edge  of  th^ir  associates.  He  was  transferred 
shortly  after  to  the  War  Department,  (applause, 
long  and  loud) — wisely  transferred  ;  and  when 
civil  war  had  been  inaugurated  by  those  traitors 
who  had  employed  the  resources  and  the  means 
of  the  Government  to  destroy  its  existence,  he 
came  forward  manfully  and  heroically  against 
those  with  whom  he  had  been  in  pleasant  com 
munion,  and  he  declared  their  true  character, 
and  took  measures  for  the  protection  of  the 
Constitution  and  the  Union.  (Loud  cheers.) 
He  found  the  Ship  of  State  drifting  in  the  hands 
of  incompetent,  careless,  and  corrupt  officials; 
he  checked  her  progress  in  that  direction,  and 
put  her  forward  on  that  career  of  glory  which 
she  is  yet  to  accomplish.  (Great  applause.) 

This  civil  war,  as  I  have  said,  had  been  com 
menced.  We  have  heard  a  great  deal  of  the 
evils  of  civil  war;  but  there  is  a  greater  evil 
than  civil  war.  It  is  a  greater  evil  to  have  an 
inefficient,  uselejssf  if  not  a  corrupt  President. 


(Applause.)  It  is  a  greater  evil  to  have  a  cor 
rupt  Administration.  It  is  a  greater  evil  to 
have  general,  popular,  political  degeneracy.  It 
is  a  greater  evil  to  find  men  who  have  taken  an 
oath  of  allegiance  to  the  country,  an  oath  to 
support  the  Constitution,  ready  to  violate  the 
one  and  break  down  the  other.  These  are 
greater  evils  than  civil  war,  because  they  inev 
itably  produce  it ;  and  they  have  led  to  the  con 
sequences  which  have  deluged  this  country  in 
blood.  I  look  to  the  trial  through  which  we 
are  passing,  as  designed  in  the  order  of  Provi 
dence  to  correct  the  evils  of  which  I  have 
spoken,  and  to  bring  out,  as  it  has  brought  out, 
the  patriotic  feeling  of  the  people,  and  to  bring 
men  forward  to  devote  their  money,  their  time, 
their  labor,  and  their  blood,  to  the  correction 
of  these  public  abuses,  to  the  restoration  of  na 
tionality  to  the  country,  to  the  preservation  of 
its  integrity  and  its  original  Constitution,  (loud 
cheering,)  and  to  the  purification  of  all  our 
channels  of  public  life.  (Renewed  applause.) 
Depend  upon  it,  this  struggle  could  not  have 
come  at  a  more  propitious  period.  We  are  apt 
tu  look  upon  it  with  alarm,  and  to  fear  that  the 
country  is  inevitably  going  to  destruction.  But 
I  look  at  this  moment  as  the  starting-point  in  a 
career  of  distinction  and  national  honor,  the 
like  of  which  this  country  nor  any  other  coun 
try  has  ever  yet  attained.  (Applause.)  I  have 
been  ti;ld  by  some  peoj  le  that  1  am  too  hope 
ful;  such  is  not  naturally  my  temperament,  but 
I  am  hopeful  in  this  matter  because  I  see  that 
wealth,  untold  wealth,  has  within  the  last  year 
been  providentially  poured  into  our  lap,  and 
kept  there,  as  if  to  provide  for  this  very  emer 
gency.  In  less  than  MX  months  we  have  saved 
upward  of  thirty  million  dollars  by  the  non- 
exportation  of  specie,  and  upward  of  fifty  mil 
lion  dollars  by  lessened  importations,  thus  giv 
ing  us  nearly  one  hundred  million  dollars  for 
the  service  of  the  country  and  the  cause  of  lib 
erty.  (Applause.)  More  than  that,  the  wealthy 
men  and  corporations  of  Wall  street  have  come 
forward  and  given  their  money  in  this  just 
cause.  But  this  is  not  all.  Go  to  the  Assistant 
Treasurer's  office,  and  there  you  will  find  the 
people  in  the  ordinary  walks  of  life,  where 
there  is  as  large  if  not  a  larger  amount  of  pa 
triotism  than  anywhere  else.  (Cheers.)  You 
will  find  all  are  coming  forward :  the  washer 
woman,  the  chambermaid,  the  cook,  the  laborer, 
the  cartman — all  who  have  money  laid  away 
for  old  age  or  infirmity  are  coming  forward, 
to  place  it  in  the  public  stocks  of  the  coun 
try,  knowing  that  it  is  the  best  security 
that  American  citizens  can  have.  (Loud  ap 
plause.)  Do  not,  then,  let  us  be  discouraged ; 
let  us  live,  and  hope,  and  fight!  (Great 
cheering.)  This  war  has  not  been  com 
menced  by  us;  it  has  never  been  favored  by 
any  Union-loving  man.  It  has  been  forced 
upon  us  by  a  traitorous  conspiracy ;  thirty 
years  of  machinations  were  necessary  to  bring 
it  about;  we  are  engaged  simply  in  a  war  of 
self-defence.  (Great  applause.)  We  defend  th« 


31 


integrity  of  the  Constitution;  we  defend  the 
nationality  of  the  Union;  we  defend  the  na 
tionality  of  our  mountains  and  our  rivers,  none 
of  which  will  we  permit  to  be  divided.  (Loud 
cheers.)  We  are  engaged,  therefore,  in  a  holy 
cause — as  holy  as  that  in  which  any  nation 
or  any  people  can  be  engaged — that  of  fighting 
for  its  own  liberties  and  the  Constitution  be 
queathed  to  them  by  their  fathers.  Although 
it  is  not  generally  the  case,  (certainly  it  is  not 
the  case  with  Union-loving  men,)  yet  the  peo 
ple  of  the  South  have  been  induced  by  falsehood 
to  believe  that  the  North  designed  to  destroy 
their  material  interests,  and  they  have  been  in 
duced  to  hate  the  North.  We  must  remember 
that  we  are  engaged  with  an  enemy  having  a 
common  origin  with  ourselves,  having  a  hatred 
against  us  which  we  have  not  against  them,  and 
that  we  are  to  meet  no  mean  antagonists.  I  do 
not  say  this  for  the  purpose  of  discouragement. 
I  say  it  only  for  the  purpose  of  inducing  you  to 
believe,  with  me,  that  the  best  way  and  the 
surest  way  to  put  an  end  to  this  war  soon,  is  to 
come  up  to  the  measure  of  its  importance  with 
the  whole  heart  and  the  whole  strength,  and 
all  the  material  force  of  the  country.  (Ap 
plause.)  Many  good  causes  have  been  lost, 
many  good  battles  have  not  been  Avon,  because 
the  antagonist  has  been  undervalued.  That  is 
our  danger;  we  must  not  run  upon  it.  Let 
every  man  induce  his  neighbor  to  believe,  and 
let  all  our  people  compel  every  man  in  our  pub 
lic  councils  to  believe,  and  let  all  act  on  the  be 
lief,  that  this  is  a  war  in  earnest.  We  have  been 
very  anxious  that  other  nations  should  not  treat 
the  rebels  as  belligerents ;  let  us  come  up  to  that 
standard,  and  let  us  treat  them  as  belligerents. 
(Cheers.)  Let  us  come  up  to  that  standard, 
waging  a  war  of  self-defence;  waging  it  in 
order  to  accomplish  peace;  that  being  the  only 
legitimate  end  of  the  war.  But  in  order  to 
have  peace,  we  must  have  such  an  outpouring 
of  effort,  such  a  multitude  of  soldiers,  that  the 
North  will  come  down  like  an  avalanche  upon 
the  South,  and  drive  those  who  stand  in  re 
bellion  against  us,  where  they  deserve  to  go, 
into  the  gulf  which  bounds  their  shores.  (Ap 
plause.)  A  single  word  about  compromise, 
peace-meetings.  I  render  here  my  grateful 
thanks  to  Tammany  Hall  for  the  rebuke  which 
it  has  given  to  Mozart  Hall.  (Tremendous  ap 
plause.  ''Three  cheers  lor  Tammany  Hall." 
"  Three  cheers  for  Mozart,"  followed  by  groans.) 
That  venerable  Democratic  organization  has 
uttered  the  true  Democratic  doctrine,  and  I 
wonder  at  the  want  of  wisdom,  or  the  little 
wisdom  in  a  portion  of  the  Democratic  party 
which  did  not  accept  the  liberal  offer  of  another 
party  to  combine  for  the  Union;  so  that  we 
could  be  henceforth  and  forever  all  Republicans 
and  all  Democrats.  (Cheers.)  Let  these  peace- 
meetings  be  held,  but  give  them  a  proper  place 
where  they  can  be  held.  We  must  have  no 
peace-meetings  until  peace  has  been  accom 
plished.  (Cheers.)  It  is  lenping  before  you 
come  to  the  stile  to  have  peace-meetings  now. 


(Applause.)  If  they  are  to  be  held  before  that 
time,  there  is  a  snug  little  place  on  the  Hudson 
River  where  they  may  be  held  with  conve 
nience;  there  is  a  little  bay  on  the  shore  of  the 
Hudson  where  the  Adjutant-General  of  the 
British  army  met  Arnold  in  the  darkness  of 
night  and  commenced  the  concoction  of  treason ; 
that  is  the  place  for  peace-meetings.  (Loud 
cheering.)  If  that  locality  does  not  suit,  lot 
them  go  to  a  neighboring  State ;  and  they  can 
find  a  feeble  prototype  of  their  corruption,  dis 
honor,  and  traitorous  conduct,  by  going  to 
Hartford.  (Cheers  and  laughter.)  No;  as  the 
speaker  who  has  addressed  you  has  said,  theso 
peace -meetings  are  all  out  of  place;  they  are 
traitorous;  and  he  who  recognizes  a  man  who 
attends  these  peace-meetings  as  his  friend,  has 
the  simple  honor  of  recognizing  a  traitor  to  his 
country.  (Great  applause.)  One  word  further. 
There  has  been  a  tone  *»f  discouragement  in 
talking  about  our  public  affairs  that  was  calcu 
lated  to  depress  effort,  to  encourage  the  enemy, 
and  to  discourage,  what  is  most  important  of 
all,  the  men  who  have  gone  to  the  field  to  haz 
ard  their  lives  for  their  country.  This  is  all 
wrong — all  wrong.  You  never  do  so  in  your 
private  affairs,  never !  If  you  are  defeated  in 
what  you  conceive  to  be  an  honest  and  a  laud 
able  effort,  even  seventy  times  seven,  you  go 
to  work  and  try  it  again.  As  it  is  with  indi 
viduals,  so  should  it  be  with  nations.  We  have 
a  holy  cause;  we  are  precipitated  into  this  war 
against  our  will  and  despite  our  efforts  to  pre 
vent  it.  There  was  not  an  evil  which  the 
South  has  claimed  to  prevail  against  them, 
which  could  not  have  been  redressed  under  the 
Constitution,  and  according  to  its  forms;  and 
if  the}T  are  temporarily  successful  because  of 
their  greater  efforts,  and  being  earlier  in  the 
field,  and  having  made  preparation,  all  we  have 
to  do  is  to  meet  it  by  a  corresponding  effort 
on  our  part,  and  success  is  as  certain  as  the 
progress  of  Time.  (Applause.)  We  must  not, 
therefore,  discourage  our  fellow-citizens,  or  our 
army ;  nor  should  we  do  any  thing  to  discour 
age  the  Administration.  Let  me  speak  plainly 
here ;  there  is  a  tendency  on  the  part  of  the 
public  and  the  press  to  speak  evil  of  men  in 
high  places,  hastily  and  without  cause.  This 
may  be  an  unwelcome  truth  to  you,  but  never 
theless  I  entertained  it,  and  I  am  bound  to  speak 
my  mind  frankly.  The  moment  a  man  occu 
pies  a  public  place,  that  very  moment  he  is  a 
mark  for  the  finger  of  scandal  to  be  pointed  at; 
and  so  much  is  this  the  case  that  many  wise 
and  pure  men  will  not  employ  the  means  neces 
sary  to  secure  public  position,  nor  accept  office, 
because  they  know  their  motives  and  acts  are 
constantly  liable  to  be  misrepresented.  You 
can  and  ought  to  correct  this.  My  friends, 
when  the  traitor  who  preceded  our  distin 
guished  guest  in  the  War  Department  retired, 
what  was  the  condition  of  things?  Where  was 
the  army  ?  There  was  none.  Where  was  the 
navy  \  Scattered  all  over  the  world.  There 
were  three  vessels,  I  believe,  carrying  some- 


REBELLION  BBOCK3,    1860-61. 


thing  like  twenty-four  guns,  to  protect  the 
entire  three  thousand  miles  of  our  sea  coast. 
(Laughter.)  Where  was  the  Cabinet?  They 
were  traitors.  Where  was  the  Senate?  Many 
of  its  members  Avere  traitors.  The  new  Gov 
ernment  came  in  empty-handed.  The  Capital 
could  have  been  taken  then,  if  the  rebels  had 
only  had  the  courage  to  attempt  it.  And  now 
what  have  we  seen  ?  Six  months  have  elapsed, 
and  we  have  an  army  of  two  hundred  thousand 
men ;  we  have  a  navy  which  we  have  never 
surpassed — a  navy  which  is  beginning  to  make 
itaelt'  felt.  (Loud  applause.)  A  navy,  the  offi 
cers  of  which,  if  permitted  to  act  according  to 
their  own  judgment  and  without  much  restraint, 
will  do  what  Lord  Cochrane  did  on  the  coast 
of  France,  and  what  Nelson  did  in  the  course 
of  his  career.  The  men  are  there;  their  cour- 
t£3  is  unquestioned ;  their  patriotism  may  be 
rdied  upon  and  they  will  save  the  country. 
All  this  has  been  created  by  an  Administration 
which  came  into  power  within  six  months.  I 
say,  glory  to  such  an  Administration  !  (Cheers.) 
Instead  of  finding  fault,  we  should  honor  them 
for  it.  They  have  done  more  than  most  men 
could  have  done  with  such  feeble  materials,  in 
so  short  a  period  of  time. 

We  should  go  forward  and  sustain  them,  and 
discouragement  should  have  no  place  in  our 
minds.  We  shall  have  then  a  reaction,  but  it 
•will  be  reaction  in  favor  of  constitutional  liberty 
and  in  favor  of  the  integrity  of  the  Union,  and 
then  foreign  powers  will  recognize  its  as  bellig 
erents.  (Hear,  hear.)  And  more  than  that, 
they  will  award^  to  us  the  honor  of  advancing 
in  the  cause  of'  freedom  as  only  such  freemen 
as  we  are  can  advance.  (Cheers.)  And  now, 
Mr.  President,  I  have  to  express  my  thanks  to 
the  honorable  gentleman  from  Kentucky  for 
the  eminent  public  services  which  he  has  ren 
dered — (applause) — not  only  in  behalf  of  the 
Chamber  of  Commerce,  but  in  behalf  of  the  city 
of  New  York,  (cheers,)  and  I  know  I  may  say 
in  behalf  of  the  State  of  New  York.  (Applause.) 
New  York  gives  her  hand  to  Kentucky.  (Shakes 
hands  with  Mr.  Holt  amid  tremendous  cheer 
ing.)  She  will  give  both  hands,  with  her  heart 
in  them,  to  Kentucky.  (Renewed  cheering.) 
You,  sir,  found  the  Government  in  a  condition 
of  great  depression;  you  gave  it  an  impetus 
which  brought  it  out  of  the  rough  sea  in  which 
it  was  wallowing.  Nearly  three  centuries  ago 
another  Republic,  at  the  period  of  its  lowest 
depression,  manfully  acknowledged  it  by  plac 
ing  upon  its  coins  for  a  device,  a  ship  in  full 
sail,  but  knocked  down  into  tho  trough  of  the 
sea,  having  for  its  motto,  "  Who  knows  whither 
fate  is  sweeping  her."  ("  Incertum  quo  fata 
fejent.")  We  drift,  we  know  where,  and  you, 
sir,  gave  us  the  impetus  for  that  drift.  (Cheers.) 
Go  on,  sir,  in  your  work  of  patriotism  and  be 
nevolence  ;  go  through  the  country  and  rouse 
it  by  the  eloquent  appeals  that  you  can  make, 
such  as  we  have  listened  to  to-night.  (Ap- 
planse.)  Go  on,  sir,  and  may  God  prosper  you 
in  it ;  you  will  receive  as  great  a  future  reward 


in  bringing  this  country  to  its  right  position 
upon  these  questions  as  the  great  orator  of 
Athens  received  when  he  made  his  denun 
ciations  against  Philip  of  Macedon.  (Loud 
cheering.)  I  beg  leave  to  offer  in  conclusion, 
sir,  this  resolution : 

Resolved,  That  the  Hon.  Joseph  Holt,  of  Ken 
tucky,  by  his  unsullied  character,  in  private  as 
well  as  in  public  life  ;  by  his  unfaltering  devo 
tion  to  the  Constitution  and  the  Union ;  by  the 
prompt  and  successful  measures  promoted  by 
him  for  their  defence,  and  for  the  protection  of 
the  Capital  when  in  imminent  peril  from  trai 
torous  domestic  foes ;  by  his  patriotic  efforts 
throughout  the  country,  and  especially  in  his 
own  State,  in  rallying  the  people  to  the  support 
of  the  National  flag  and  our  National  integrity, 
and  by  his  stirring  and  eloquent  appeal  on  this 
occasion,  has  entitled  himself  to  the  gratitude 
of  his  countrymen  and  to  the  admiration  of  the 
lovers  of  freedom  and  free  popular  institutions 
everywhere ;  and  that  the  thanks  of  this  as 
sembly  be,  and  they  are  hereby  gratefully  ten 
dered  to  him. 

Doc.  6. 
GENERAL  HILL'S  REPORT, 

AND  THE  ACCOMPANYING  DOCUMENTS. 

Explanatory  of  the  steps  taken  by  his  command  to 
intercept  and  pursue  Gen.  Gametes  army  in  Vir 
ginia  and  Maryland. 


HEAD-QUARTERS  U.  S.  VOLUNTEERS,  ) 
GKAFTON,  July  22,  18til.      f 

To  Maj.-Gen.  G.  B.  McClellan,  Commanding 
the  Department  of  the  Ohio  : 

SIK  :  I  have  the  honor  to  submit  the  follow 
ing  statement  of  facts,  showing  the  operations 
of  my  command,  in  attempting  to  intercept  the 
retreat,  and  to  capture  a  portion  of  General 
Garnett's  army  from  Laurel  Hill.  When  I  was 
first  assigned  to  duty  here,  the  Cheat  River  line 
was  in  the  hands  of  Col.  J.  Irvine's  command, 
(16th  Ohio  regiment,)  and  he  continued  in 
charge  of  the  line  until  the  night  of  the  15th 
inst. 

On  the  first  instant  I  went  over  the  line  with 
Col.  Irvine  from  Rowlesburg  to  the  Cheat  River 
bridge,  five  miles  above  and  then  gave  him  in 
writing  all  of  the  instructions  which  I  had 
received  from  the  Department  head-quarters, 
touching  that  line.  The  instructions,  as  given 
to  me  and  thus  imparted,  contemplated  Rowles 
burg  as  the  point  of  support,  on  the  railroad, 
and  West  Union,  distant  thirteen  miles,  as  the 
place  for  the  advance  guard  to  the  eastward, 
with  scouts  further  east,  and  as  soon  as  prac 
ticable,  an  advance  guard  toward,  or  at  St. 
George.  Intermediate  points  were  to  be  held, 
and  for  the  whole,  including  the  protection  of 
three  bridges  on  the  railroad,  the  garrison  was 
to  be  increased  early  to  one  thousand  men. 

From  the  4th  to  the  6th  inst.,  a  minute  re- 
connolssance  of  the  line  was  carried  on  by  my 
order,  by  Col.  Charles  Whittlesey  and  Major 


DOCUMENTS. 


33 


J.  B.  Frothingham,  Engineers,  and  the  conclu 
sions  arrived  at,  reported  on  the  6th  to  De 
partment  head-quarters. 

On  the  7th  inst.,  twenty-five  cavalry  to  serve 
as  Videttes,  couriers,  and  pickets  were  added 
to  C»l.  Irvine's  command,  as  had  also  been  a 
six-pounder  field-piece. 

On  the  12th  inst.,  six  companies  of  the  Ohio 
Eighth,  under  Col.  Depuy,  had  joined  Col.  Ir 
vine,  moving  in  by  way  of  Oakland  and  Chis- 
holm's  Mill ;  and  the  garrison  at  Rowlesburg, 
and  thence  five  miles  up  Cheat  River,  was  held 
by  six  companies  of  the  Ohio  Fifteenth  under 
Col.  G.  W.  Andrews,  and  two  companies  of  the 
First  Virginia. 

On  the  9th,  Col.  Irvine  telegraphed  me  as 
follows  : — "  Our  increased  knowledge  clearly 
indicates  the  occupancy  of  the  Junction  [Red 
House]  as  the  proper  position  for  our  troops." 
Referring  him  to  the  instructions  already  given 
and  the  views  of  Col.  Whittlesey  and  Major 
Frothing}) am,  Col.  Irvine  was  informed  on  the 
same  day  by  telegram  that  he  must  act  on  his 
best  judgment. 

Oii  the  12th  inst.,  Col.  Irvine  telegraphed 
me  that  he  intended  to  move  eastward  along 
the  northwest  pike.  He  says,  "  My  main  force 
will  be  at  the  mill  mentioned,  (Chisholm's,) 
eight  miles  from  Oakland,  with  a  strong  advance 
guard  at  the  Red  House,  say  two  hundred  or 
three  hundred  men."  Our  telegraphic  corre 
spondence  was  frequent  each  day,  and  con 
ducted  with  a  view  to  keep  each  other  fully 
advised  of  all  material  facts. 

On  the  13th  of  July  I  was  called  in  from 
"Webster  at  about  eleven  A.  M.,  and  then  I 
received  a  telegram  from  Major  S.  Williams, 
Assistant  Adjutant-General,  dated  the  12th,  at 
Beverly,  and  at  Roaring  Run  the  13th,  saying: 
— "Gen.  McClellan  having  just  learned  that 
the  rebel  forces  abandoned  their  position  at 
Laurel  Hill  last  night,  and  are  now  making 
for  Eastern  Virginia,  via  the  Louisville  [Leeds- 
ville]  and  St.  George  pike,  directs  that  you 
take  the  field  at  once  with  all  the  force  that 
you  can  make  available  to  cut  off  their  retreat. 
Two  Pennsylvania  regiments  at  Cumberland 
have  been  directed  to  proceed  forthwith  to 
Rowlesburg  by  a  special  train  and  report  to 
you.  You  can  for  the  time  being  withdraw 
several  companies  from  points  on  the  railroads 
between  Wheeling  and  Parkersburg  and  con 
centrate  them  by  special  trains.  It  is  supposed 
you  will  be  able  to  take  the  field  with  say  six 
thousand  men,  including  Col.  Irvine's  command 
and  at  least  four  guns.  No  time  is  to  be  lost. 
*  *  *  The  rebel  force  under  Garnett  are 
said  to  be  to-night  about  six  miles  from  Leeds-  \ 
ville.  Morris  is  following  them  up." 

I  immediately  telegraphed  Col.  Irvine : — 
"  The  rebels  are  drhon  out  of  Laurel  Hill  and 
in  full  retreat  eastward  on  St.  George's  pike. 
Hold  your  position  with  firmness  to  the  last 
man.  I  will  reinforce  you  in  person,  and  with 
all  available  forces  as  soon  as  possible." 

It  was  not  deemed  safe  to  depend  upon  any 
SUP.  Doc.  3 


|  of  the  Pennsylvania  troops,  (none  came  at  any 
time  or  reported.)  The  suggestion  of  six  thou 
sand  troops  and  four  guns  was  supposed  to  be 
an  approximate  rule.  To  comply  with  it,  near 
four  thousand  troops  in  detachments  scattered 
along  the  line  of  the  two  railroads  to  Parkers- 
burg  and  Wheeling  would  have  to  be  gathered 
up,  supplied  with  a  reasonable  amount  of  bag 
gage  teams,  forage,  and  six  days'  rations ;  and 
horses  and  harnesses  must  be  obtained  for  the 
three  guns  in  battery  at  Grafton.  Requisitions 
were  therefore  made,  and  by  reaching  to  Par 
kersburg  and  near  Wheeling,  the  figures  were 
brought  up  to  about  five  thousand  four  hun 
dred  men,  including  detachments  from  the  Fifth, 
Eighth,  Thirteenth,  Fifteenth,  Sixteenth,  Eight 
eenth,  Twentieth,  and  Twenty-second  Ohio,  with 
a  few  artillerists  and  cavalry  and  detachments 
from  the  First  and  Second  Virginia  regiments. 
These  troops  were  almost  entirely  destitute  of 
horses,  harness,  and  baggage  wagons,  and  nearly 
all  of  those  subsequently  obtained  being  other 
wise  appropriated,  were  to  be  got  by  force  only. 
The  orders  were  all  given  and  answrers  obtained, 
except  as  to  baggage  teams,  by  three  p.  M.  of 
the  13th.  The  troops  and  three  guns,  to  be 
moved  from  Grafton,  were  much  delayed  for 
the  want  of  horses,  harness,  and  wagons,  and 
the  first  train,  with  four  companies  of  infantry, 
was  not  able  to  leave  for  Oakland  until  after 
four  p.  M.  I  went  in  that  train,  and  arrived  in 
Oakland  about  eleven  p.  M.  The  second  train 
from  Grafton,  with  a  few  more  infantry  of  the 
Twentieth,  three  guns,  and  twenty-five  cavalry, 
came  up  soon  after.  For  all  on  these  two  trains 
there  was  but  one  baggage  wagon,  and  that  be 
longed  to  Col.  Morton  of  the  Twentieth.  As 
soon  as  the  horses  of  myself  and  staff  could  be 
got  off  from  the  cars,  and  a  guide  obtained,  all 
of  the  infantry,  (three  companies,)  not  required 
for  guard  duty,  were  ordered  forward  to  Chis 
holm's  Mill,  with  Major  Walcutt  and  Captain 
Bond  of  my  staff,  to  report  to  Col.  Irvine. 
They  arrived  there  about  four  A.  M.  of  the  14th. 
Found  no  troops  there,  and  leaving  the  three 
companies  to  rest,  went  on  and  reported  in  per 
son  to  Col.  Irvine,  at  West  Union,  at  about  six 
o'clock  A.  M.,  a  few  minutes  before  he  received 
news  that  the  rebels  had  already  passed  the  Red 
House  at  five  A.  M.,  eight  miles  further  east. 
Cols.  Irvine  and  Depuy  immediately  called  to 
arms  and  went  in  pursuit,  Major  Walcutt  fol 
lowing,  as  soon  as  possible,  with  the  three  com 
panies  marched  by  him  from  Oakland.  Capt. 
Bond  returned  to  Oakland  to  notify  me,  but, 
owing  to  the  fatigue  of  his  horse,  did  not  arrive 
until  nine  A.  M.  Anticipating  the  arrival  dur 
ing  the  night  of  several  other  trains,  including 
that  having  the  horses,  wagons,  and  harnesses 
ordered  to  be  taken  and  brought  on,  I  had  given 
orders  for  such  as  should  come  up  to  march  at 
daylight,  by  way  of  Chisholm's  Mill,  not  then 
knowing  any  other  way  to  reach  Red  House 
Junction.  Several  trains  were  known  to  have 
been  on  the  way,  in  time  to  arrive  at  Oakland 
long  before  daylight.  The  train,  with  horses, 


34 


REBELLION  RECORD,  1860-61. 


wagons,  and  harness,  was  reported  to  be  at 
Rowlesburg  before  twelve  o'clock  the  preced 
ing  night. — This  property  w;is  separated,  and 
portions  of  it  were  said  to  be  at  Cranberry  Sum 
mit  the  next  morning  at  nine  o'clock  ;  all  trains 
but  the  two  first  were  equally  and  unaccount 
ably  delayed.  From  daylight  until  nine  o'clock 
my  utmost  efforts  with  the  telegraph  seemed 
to  avail  little,  or  nothing.  The  regimental  com 
manders,  Cols.  Dunning,  Stanley,  Morton,  Smith, 
and  Turley,  were  equally  balked  by  railroad 
detentions.  Without  waiting  further,  the  twen 
ty-five  cavalry  and  a  few  of  Col.  Morton's  Twen 
tieth  Infantry  had  formed  to  move  on,  when 
Captain  Bond  arrived,  at  nine  A.  M.,  with  news 
of  the  escape  as  before  stated.  Before  this  I 
had  believed  with  entire  confidence  that  the  line 
was  occupied  as  stated  in  Col.  Irvine's  telegram 
of  the  12th,  instead  of  which,  it  now  appears 
that  his  troops  were  at  West  Union,  eight  miles 
west  of  the  Red  House,  where  the  Horse-Shoe- 
Run  road,  travelled  by  the  rebels,  intersects  the 
northwest  pike ;  and  it  also  appears,  by  the  state 
ments  of  Lieut.  H.  A.  Myers  and  Aungier  Dobbs 
of  the  cavalry  attached  to  Col.  Irvine's  command, 
that  all  scouts  and  pickets  had  been  withdrawn 
by  Col.  Irvine's  order  from  that  road  early  on 
the  13th,  and  the  road  left  entirely  clear  all 
night  long.  (On  this  subject  see  Col.  Irvine's 
report  herewith  presented.) 

As  soon  as  possible  after  Oapt.  Bond's  arri 
val  at  Oakland,  the  horses  were  taken  from 
Col.  Morton's  baggage  wagon  and  hitched  to 
one  of  the  guns,  and  with  the  few  of  Colonel 
Morton's  infantry  then  arrived,  started  in  the 
pursuit ;  while  I  moved  on  with  as  much  de 
spatch  as  possible  with  my  aid,  Capt.  Bond,  a 
guide,  and  the  twenty-five  cavalry. 

At  Red  House  I  found  the  gun  sent  to  Col. 
Irvine  some  days  before,  one  company  of  his 
infantry,  and  a  few  prisoners  captured  that 
morning.  Ordering  forward  all  but  eight  of 
the  cavalry,  I  stopped  a  few  moments  to  gather 
information,  and  make  dispositions  rendered 
necessary  in  consequence  of  the  (since  found  to 
be  erroneous)  reports  that  there  was  a  body  of 
rebel  troops  yet  to  come  up  ;  I  moved  forward 
again  with  five  of  the  cavalry,  and  soon  over 
took  Cols.  Irvine,  Depuy,  and  their  commands, 
which  were  halted  about  six  miles  east  of 
the  Red  House.  A  council  was  immediately 
called,  including  the  field  officers  and  captains 
of  all  the  companies,  in  order  to  learn  the  ac 
tual  condition  of  the  men  and  all  other  facts 
that  should  govern  the  action  of  the  command. 
A  free  interchange  of  facts  and  opinions  oc 
curred,  when  the  facts  found  and  opinions  ar 
rived  at  were,  that  the  enemy  had  passed  Red 
House  about  three  thousand  strong,  including 
from  three  to  five  guns  and  several  hundred 
cavalry,  before  five  o'clock  in  the  morning, 
the  artillery  covering  the  rear  ;  that  the  very 
sparse  settlements  along  the  line  of  march  had 
been  and  were  being  so  stripped  of  provisions 
by  the  enemy,  that  no  reliance  could  be  placed 
upon  getting  any  kind  of  supplies  in  their  track ; 


that  none  of  the  companies  that  marched  over 
the  night  before  from  Oakland  had  had  any  sup 
per;  and  that  very  fewr,  if  any,  in  the  whole  com 
mand  had  had  any  breakfast,  and  the  haversacks 
were  almost  entirely  empty,  and  wholly  so  with 
the  most  of  the  men.  There  did  not  appear  to 
be  on  an  average  one  day's  rations  for  the  men 
then  on  the  march  drawn  from  the  Commissary 
and  unconsumed.  For  the  whole,  but  one 
wagon,  and  all  there  was  in  the  way  of  means 
of  transportation,  provisions,  camp  equipage, 
and  cooking  utensils  had  been  left  in  the  rear 
and  in  camp.  The  whole  force  then  in  the  col 
umn,  I  think,  did  not  exceed  thirteen  hundred 
men.  If  the  pursuit  continued,  the  march  for 
many  miles  must  be  over  the  ranges  of  the  Al- 
leghany  Mountains,  with  no  known  possibility 
of  cutting  the  enemy  off,  or  attacking  him  in 
flank,  even  though  the  pursuers  could  overtake 
the  pursued.  The  mounted  scouts  reconnoi 
tring  to  the  front  were  sent  out  before  my  ar 
rival  and  did  not  report  to  me.  I  cannot, 
therefore,  state  from  them  the  distance  be 
tween  the  two  armies  before  our  return,  but 
Cols.  Irvine  and  Depuy,  in  their  reports,  state 
the  least  distance  to  have  been  eight  miles,  and 
that  while  our  command  was  halted  the  enemy 
had  reached  Stony  River. 

Capt.  Keys,  who  after  overtaking  Col.  Irvine 
led  the  small  detachment  of  cavalry  serving 
as  part  of  an  advance  guard,  told  me  since  our 
return  that  he  saw  none  of  the  enemy  except 
a  few  stragglers  a  long  distance  off.  The  fa 
tigued  condition  of  our  men  and  all  of  the  mat 
ters  above  being  considered  in  council,  (except 
the  distance  between  forces,  which  was  subject 
to  speculation,)  a  distinct  vote  was  taken  upon 
the  question  whether  the  command  should  then 
continue  the  pursuit,  or  return,  and  every  offi 
cer  but  three  in  the  whole,  numbering  about 
twenty,  was  emphatic  in  opposition  to  further 
pursuit,  in  the  then  condition  of  the  command, 
and  every  officer  voted  against  going  forward, 
(except  one,  a  major  who  declined  to  vote,)  and 
in  that  vote  I  fully  concurred.  What  any  one 
might  have  done  under  different  circumstances 
and  in  the  light  of  different  facts,  it  is  idle  now 
to  speculate. 

It  is  proper  here  to  say  that  on  the  march 
east  from  the  Red  House  no  prisoners  were 
taken,  nor  were  abandoned  arms  or  articles  of 
any  importance  found,  so  far  as  I  have  been  able 
to  learn. 

To  be  in  more  convenient  communication 
with  the  railroad  at  Oakland,  and  nearer  to 
their  camp  equipage  and  supplies,  the  troops 
were  marched  back  to  Red  House.  On  the 
way,  Col.  Morton's  infantry  and  one  gun  were 
met  about  two  miles  from  the  Red  House.  On 
arriving  at  Red  House  it  was  found  that  there 
were  not  provisions  enough  to  give  all  of  our 
troops  there  assembled  one  full  meal  without 
drawing  from  Oakland,  and  there  being  as  yet 
no  means  of  transportation,  Col.  Morton's  com 
panies  and  two  companies  of  the  Virginia 
troops  marched  back  to  Oakland  to  their  din- 


DOCUMENTS. 


35 


ners,  suppers,  and  camp  equipage,  arriving 
there  about  nine  o'clock  in  the  evening. 

Late  in  the  evening  of  the  14th,  Col.  T.  E. 
Stanley  of  the  Eighteenth,  and  Lieut.-Col.  Tur- 
ley  of  the  Twenty-second  Ohio,  from  Clarksburg, 
had  arrived  at  Oakland,  and  during  that  night 
Col.  Dunning  of  the  Fifth,  also  from  Clarksburg, 
arrived  from  Oakland,  as  did  Col.  W.  S. 
Smith  of  the  Thirteenth  regiment  at  Grafton, 
from  Parkersburg,  each  with  his  command  en 
deavoring  to  respond  to  my  orders.  In  antici 
pation  of  a  movement  forward  the  next  day,  if 
means  of  transportation,  and  horses  and  liar- 
ness  for  the  guns  should  be  obtained,  and  infor 
mation  should  come  in  indicating  probable 
success  in  following  the  retreating  enemy,  or 
ders  were  given  that  all  of  the  troops  at  Red 
House  and  Oakland  should  be  immediately 
provided  with  two  days'  cooked  rations  and 
be  put  in  readiness  to  march.  Such  infor 
mation  did  come  about  2  p.  M.  of  the  15th,  and 
while  it  was  being  considered  and  a  plan  of 
operations  discussed  with  the  commandants  of 
regiments  at  Oakland,  a  despatch  from  Depart 
ment  Head-quarters  at  Huttonsville  was  re 
ceived,  dated  14th,  and  addressed  to  me,  saying 
— "  Garnett's  army  completely  routed  yester 
day,  13th,  at  two  P.  M.,  at  Cheat  River,  on  the 
St.  George's  road,  baggage  captured,  one  gun 
taken,  Garnett  killed,  his  forces  demoralized. 
I  charge  you  to  complete  your  operations  by  the 
capture  of  the  remainder  of  his  force.  If  you 
have  but  one  regiment,  attack  and  check  them 
until  others  arrive.  You  may  never  have  such 
another  opportunity  again.  Do  not  throw  it 
away.  Conduct  this  movement  in  person  and 
FOLLOW  THEM  a  Voutrance,  (to  the  utmost.) — 
Telegram  literatim  as  follows, — '#  Ion  Trance."1 

Couriers  by  two  different  routes  had  brought 
me  intelligence  that  the  enemy,  having  burnt  the 
bridge  at  Stony  River,  on  the  northwest  pike, 
early  in  the  afternoon  of  Sunday,  had  gone  in 
to  camp  a  little  east  of  Greenland,  with  inten 
tion  to  remain  for  several  days,  and  had  burned 
the  bridge  at  the  Gap  there,  to  protect  them 
from  a  rear  attack.  Learning  also  that  Stony 
River  could  be  passed  without  serious  delay ; 
that  the  camp,  a  little  east  of  Greenland,  could 
be  turned  by  a  march  from  New  Creek  Sta 
tion,  and  also  by  a  detour  to  the  right,  in  pro 
ceeding  from  the  west  by  way  of  Greenland  ; 
and  believing  that  a  strong  expedition,  moving 
with  celerity,  might  expect  to  reach  the  enemy 
at  or  before  he  would  reach  Petersburg,  and 
return  in  safety,  I  considered  that  such  a  move 
ment  would  be  within  my  discretion,  and  also 
within  my  instructions.  Accordingly  Col. 
Stanley,  with  nearly  six  hundred  men  of  the 
Eighteenth  regiment,  and  Col.  Dunning  with 
seven  hundred  men  of  the  Fifth  regiment,  were 
ordered  to  move  by  the  diagonal  road  from 
Oakland  over  the  mountains  to  the  bridge  on 
the  pike  over  the  north  branch  of  the  Potomac, 
there  to  be  joined  by  eight  companies  of  the 
Eighth  regiment  under  Colonel  Depuy,  seven 
companies  of  the  Sixteenth  under  Col.  Irvine, 


six  companies  of  the  Fifteenth  under  Col.  G.  "W. 
Andrews,  and  two  companies  of  the  First  Vir 
ginia  regiment,  which  were  to  move  from  Red 
House  with  the  Ringgold  cavalry  under  Capt. 
Keys,  and  two  guns  of  Capt.  Damn's  battery. 
Col.  Morton,  with  six  companies  of  the  Twen 
tieth  Ohio  and  two  Virginia  companies,  and 
Lieut.-Col.  Turley  with  five  companies  of  the 
Twenty-second  Ohio,  and  two  guns  of  Capt. 
Daum's  battery,  were  ordered  to  proceed  by 
railroad  to  New  Creek  Station  to  attack  the 
enemy  from  the  north.  The  column  to  form 
its  junction  on  the  northwest  pike,  at  the  north 
branch  of  the  Potomac,  was  to  move  toward 
Greenland,  and  leaving  that  on  its  left  press  on 
to  the  intersection  of  roads  leading  to  Peters 
burg  and  Moorefield,  and  to  be  followed  by  Col. 
W.  S.  Smith  with  the  Thirteenth  regiment  and 
a  battery  of  two  guns,  he  having  been  ordered 
up  from  Grafton,  where  he  was  waiting  on  the 
cars.  The  different  columns  were  to,  and  did, 
keep  up  communication  by  couriers,  and  were 
to  cooperate  whenever  the  case  required. 

The  column  of  Cols.  Dunning  and  Stanley  left 
Oakland  with  me  at  five  p.  M.  on  the  15th,  was 
joined  by  Col.  Irvine's  column  as  intended,  and 
marched  inside  of  the  first  twenty-four  hours 
to  Gove's,  five  miles  beyond  Greenland,  the 
distance  being  estimated  at  thirty-five  and  a 
half  miles  from  Oakland.  The  enemy  broke 
up  his  camp  near  Greenland,  and  retired  as  we 
approached  that  place,  and  reached  Petersburg 
in  the  afternoon  or  evening  of  the  16th.  That 
night  we  were  but  fourteen  miles  from  the  en- 
einy,  and  scouts  were  sent  toward  Petersburg, 
as  also  toward  Moorefield  and  Romney,  to 
keep  watch  of  the  enemy's  movements  in  all 
directions.  The  column  from  the  west,  with 
the  first  division  of  one-third  of  the  whole, 
made  up  of  picked  men,  got  off  early  the  next 
morning,  and  after  a  four-mile  march  was 
stopped  by  a  courier  with  a  despatch  from  the 
Commandant  of  the  Department,  ordering 
the  pursuit  to  be  abandoned.  It  was  subse 
quently  ascertained  that  the  enemy  had  re 
sumed  his  march  in  the  direction  of  Staunton. 
The  column  would  have  abandoned  the  pursuit 
at  any  rate,  if  the  enemy  could  not  have  been 
reached  at,  or  in  the  immediate  vicinity  of, 
Petersburg.  The  column  marched  back  to 
Greenland,  and  there  all  of  the  troops  of  the 
expedition  were  united  and  remained  for  the 
night.  The  next  day  the  entire  body  marched 
by  the  northwest  pike  to  the  north  branch  of 
the  Potomac  and  encamped.  Sending  the  Eighth 
regiment,  Col.  Depuy,  to  the  Red  House,  and 
the  baggage  around  by  the  same  route,  the 
other  troops  were  marched  to  Oakland,  arriv 
ing  there  about  ten  A.  M.  on  Friday,  the  19th 
instant. 

The  march  was  certainly  a  very  trying  one, 
and  brought  out  the  good  qualities  of  the  of 
ficers  and  men  to  a  remarkable  degree.  Too 
much  could  not  be  said  in  praise  of  the  cheer 
ful  spirit  and  persevering  fortitude  of  the  com 
mand. 


36 


REBELLION   RECORD,   1860-61. 


"With  the  most  active  and  thorough  use  of 
scouts,  mounted  and  on  foot,  the  country  was 
ascertained  to  be  so  clear  of  the  enemy  in  any 
force  as  to  give  no  indications  of  his  interrupt 
ing  our  movements  during  the  period  intended 
to  be  covered  by  the  expedition. 

Appended  is  a  map  showing  the  topography 
of  the  country  and  the  lines  of  march.  Copies 
of  all  of  the  reports  received  from  those  consti 
tuting  parts  of  the  command  are  forwarded 
herewith. 

I  regret  the  length  of  this  report,  but  it  was 
clue  to  the  service  that  the  material  facts  should 
be  stated. 

They  are  respectfully  submitted, 

CHAS.  W.  HILL, 

Brigadier-General  Commanding. 

SUPPLEMENTAL     EEPOET. 

HEAD-QUARTERS,  U.  S.  VOLUNTEERS,  ) 
GRAFTON,  Aug.  4th,  1861.  f 

To  Brig. -Gen.   W.  S.  Rosecrans,  commanding 
the  Department  of  the  Ohio. 

SIR  :  I  have  the  honor  to  submit  lists  of 
prisoners  and  property  captured  on  the  14th, 
15th,  and  16th  ult.,  by  the  troops  under  my 
command  while  in  pursuit  of  General  Garnett's 
army.  Much  the  largest  portion  of  these  cap 
tures  was  made  in  the  vicinity  of  the  Ilorse- 
Shoe-Run  road,  south  of  the  Red  House,  on  the 
morning  of  the  14th  of  July.  The  other  cap 
tures  were  made  on  the  15th  and  16th,  chiefly 
in  the  vicinity  of  Greenland,  on  and  beyond 
the  eastern  slope  of  Alleghany  Mountains. 

J.IST  OF  PRISONERS. — 1st  Georgia  Regiment, 
1st  Sergeant,  S.  D.  Kellar;  Corporals,  W.  M. 
B.  Hilt,  E.  A.  Sackett ;  Privates,  James  Brady, 
B.  W.  Harter,  B.  R.  Duncan,  Jas.  P.  Crockett, 
Jno.  N.  Killer,  William  Grimes,  Thos.  Adams, 
Jas.  H.  Smith,  W.  A.  Carroll,  Joseph  S.  Price. 

23d  Virginia  Regiment. — 2d  Sergeants,  Wm. 
Brant,  A.  P.  L.  Eciiyer,  Thos.  II.  Harris ;  Cor 
porals,  J.  B.  Hart,  W.  J.  Davenport,  J.  R.  Har 
ris  ;  Privates,  J.  0.  Johnson,  Wm.  Armstrong, 
A.  A.  McDowell,  C.  B.  Satterfield,  Win.  O. 
Good,  R.  B.  Davis,  Wm.  Clandy,  J.  C.  Groom, 
J.  C.  Boxley,  J.  M.  Hart,  W.  B.  Reid,  S.  A.  Fos 
ter,  J.  J.  Taylor,  R.  A.  Green,  J.  R.  Patterson, 
Chas.  Meredith,  Benj.  F.  Green,  John  Chaffel. 

20th  Virginia  Regiment.— "Privates,  W.  II. 
Burdick.  Richard  Pugh,  W.  A.  Frick,  Daniel 
Odnway,  A.  D.  Weilles. 

27^  Virginia  Regiment, — Privates,  Jas.  Mc- 
Carron,  Chas.  Miller,  C.  W.  Chick. 

118^A  Virginia  Regiment. — Third  Sergeant, 
Joseph  Rider ;  Corporal,  J.  M.  Chichester ;  Pri 
vates,  Jacob  Heater,  John  Johnson,  James  J. 
Long,  E.  0.  Hayes,  Hugh  Cindy,  Nathan  Dever, 
J.  W.  Rouch,  Eldridge  Collins. 

Pocahontas  Rescues. — Privates,  W.  S.  Pilas, 
P.  H.  Grimes,  J.  II.  Pierce,  John  Piles. 

LIST  OF  PROPERTY. — Eighty  muskets,  five 
boxes  of  cartridges,  eight  kegs  of  powder,  one 
half  barrel  of  powder,  one  pig  of  lead. 

I  am,  Sir,  very  respectfully, 

CHAS.  W.  HILL, 

Brig.-Gen.  Commanding. 


IlEAD-QrARTERS  20TH  RtfGT.,  O.  V.  M.  ) 

OAKLAND,  Va.,  July  20th,  1861.      f 

To   C.    W.  Hill,  Briy.-Gen.    Commanding  1st 
Brigade,  1st  Division,  U.  S.  A. 

SIR  :  On  Saturday,  July  13th,  at  eleven 
o'clock  A.  M.,  I  received  your  order  directing 
me  to  withdraw  such  of  the  forces  under  my 
command  as  I  might  deem  prudent  from  the 
line  of  the  B.  &  O.  R.  R.  between  Benwood 
and  Grafton,  and  join  you  at  Oakland,  Mary 
land. 

Accordingly  I  despatched  Major  Lamison  over 
the  line  of  said  road  with  instructions  to  with 
draw  from  said  line  Companies  u  A,"  "F,"  "  K," 
and  "I,"  and  proceed  with  them  to  such  point 
as  he  might  learn  I  would  occupy,  unless  other 
wise  instructed. 

On  the  afternoon  of  the  same  day  I  proceeded 
with  a  detachment  of  one  company  of  the  Vir 
ginia  First,  Capt.  Britt ;  one  company  of  the  Vir 
ginia  Second,  Capt.  Ewing ;  three  pieces  of  artil 
lery,  under  Capt.  Damn;  and  Companies  B  and 
E  of  the  Twentieth  regt.,  O.  V.  M.,  to  Oakland,  at 
which  place  I  arrived  at  eleven  o'clock  p.  M.  of 
the  same  day.  Owing  to  a  want  of  the  means 
of  transportation,  I  was  delayed  at  Oakland  until 
ten  o'clock  on  Sunday  morning,  when  I  marched 
forward  to  the  Red  House,  at  which  point  I 
arrived  at  two  o'clock  p.  M.,  and  thence  pro 
ceeded  in  pursuit  of  the  rebel  forces  over  the 
northwestern  turnpike  until  I  met  with  your 
forces  returning. 

While  at  the  Red  House,  on  my  return,  Major 
Lamison  arrived  with  the  forces  under  his  com 
mand,  having  made  a  most  orderly  and  rapid 
march,  for  the  particulars  of  which  I  refer  you  to 
his  report,  a  copy  of  which  I  herewith  transmit. 

The  officers  and  men  under  my  command 
conducted  themselves  in  the  most  soldier-like 
manner,  and  for  their  hearty  cooperation  and 
energy  I  am  indebted  for  the  promptness  with 
which  they  appeared  at  the  points  intended  to 
be  occupied. 

All  of  which  is  respectfully  submitted, 
THOMAS  MORTON", 

Col.  Commanding  20th  Regt.,  O.  V.  M. 

HEAD-QUARTERS  20TH  REGT.,  O.  V.  M.  ) 
OAKLAND,  Va.,  July  21st,  1861.      $ 

To  Thomas  Morton,  Colonel  Commanding  20th 

Regt.,  0.  V.  M. 

SIR:  At  half-past  eleven  o'clock  A.  M.,  Sat 
urday,  July  13th,  1861,  I  received  your  order 
directing  me  to  proceed  over  the  line  of  the  B. 
&  O.  Railroad,  and  with  Companies  A,  F,  I, 
and  K,  then  stationed  at  different  points  on  said 
line,  with  them  join  you  at  Oakland,  Maryland, 
or  at  such  other  point  as  I  might  learn  you  might 
then  occupy.  Accordingly,  I  at  once  ordered 
transportation  from  Wheeling,  and  despatched 
Adjutant  Evans  over  the  line  from  Fairmount, 
who  brought  up  the  several  detachments  to 
Grafton,  at  which  place  we  arrived  at  two 
o'clock  A.  M.,  Sunday.  Owing  to  delays  on  the 
road  occasioned  by  trains  on  the  road  and  the 
unwillingness  of  conductors  to  proceed,  I  did 
not  arrive  at  Oakland  until  twelve  o'clock  M., 


DOCUMENTS. 


37 


Sunday.  On  my  arrival,  learning  that  you  had 
proceeded  to  Chisholm's  Mill,  I  at  once,  with 
out  taking  any  baggage,  put  my  detachment  in 
motion,  and  at  three  o'clock  reached  the  Red 
House  on  the  northwestern  turnpike,  at  which 
place  I  met  you  returning  with  the  forces  under 
General  Hill.  The  conduct  of  the  men  and  offi 
cers  under  my  command  is  deserving  of  much 
credit,  and  to  their  energy  and  hearty  cooper 
ation  I  am  indebted  for  the  rapidity  of  our  move 
ment.  Respectfully,  I  am  yours, 
CIIAS.  N".  LAMISOX, 

Major  20th  Re^t.,  O.  V.  M. 

HEAD-QUARTERS  OF  15rn  REGIMENT  O.  V.  ) 
OAKLAND,  MD.,  July  19th,  1861.  f 

To  Brig. -General    Hill,    Commanding    U.   S. 

Troops,  N.  W.  Va.  : 

In  answer  to  your  order  directing  me  to  re 
port  to  you  the  steps  taken  by  me  to  intercept 
the  rebels  in  their  late  flight  from  Laurel  Hill, 
the  force  I  had  to  march  against  them,  &c.,  &c., 
I  have  to  say :  On  Saturday,  13th  inst.,  at 
about  four  o'clock  p.  M.,  immediately  after 
receiving  your  orders  to  move  all  my  u  avail 
able  forces"  up  Cheat  River  from  Rowles- 
burg,  so  as  to  take  position  near  the  bridge 
of  the  river,  some  four  miles  south  of  Rowles- 
burg,  I  moved  what  forces  I  could  spare, 
making,  with  what  I  already  had  at  that  camp, 
(Cheat  River,)  about  four  hundred  and  fifty. 
Before  going  to  the  bridge,  I  sent  for  the  late 
sheriff  of  Preston  Co.,  Va.,  knowing  him  to  be 
a  loyal  man  and  very  intelligent  and  useful  in 
describing  the  geography  of  the  country.  I 
directed  him  to  summon  to  his  aid  four  other 
citizens,  in  whom  we  could  fully  confide,  and 
report  them  to  me  at  Cheat  River  forthwith. 
He  did  all  I  required  with  great  promptitude. 
After  this  preparation,  I  marched  to  Cheat 
River  bridge  and  arrived  there  about  eight 
and  a  half  o'clock  p.  M.,  same  day.  Mr.  Shaf 
fer  sat  down  with  me  in  my  tent,  and  made  a 
rough  and  hasty  draft  of  the  country  between 
Laurel  Hill  and  Oakland  and  the  Red  House, 
showing  a  main  road  running  from  a  north 
ward  point  from  Laurel  Hill  to  the  "  northwest 
turnpike,"  intersecting  the  same  at  the  Red 
House,  also  showing  many  roads  approaching 
the  same;  also,  a  road  leading  to  St.  George 
northward  to  my  camp,  with  various  ap 
proaches.  In  the  opinion  of  Mr.  Shaffer  and 
those  who  were  in  attendance  with  him  await 
ing  orders  to  act  as  scouts,  the  rebels  must  pass 
along  the  first  mentioned  road  leading  to  the 
northwestern  turnpike  so  as  to  strike  the  turn 
pike  at  the  Red  House.  With  the  light  I  had 
before  me,  I  concurred  in  this  opinion ;  and  was 
about  to  take  the  available  force  of  my  com 
mand,  with  the  two  companies  of  the  First  Vir 
ginia  regiment,  and  immediately  march  to  the 
road  described  as  running  from  Laurel  Hill  to 
the  northwest  turnpike,  so  as  to  take  position  on 
the  said  road  southwestward  from  West  Union 
about  seven  miles,  about  the  same  distance 
from  Red  House,  and  some  fifteen  miles  from 
my  camp.  But  reflecting  over  my  instructions, 


I  thought  you  had  scarcely  authorized  me  so  to 
do.  I  abandoned  this  contemplated  march,  and 
concluded  to  send  out  mounted  scouts  well 
armed,  in  the  direction  last  mentioned,  as  well 
as  in  and  around  St.  George.  Accordingly,  at 
about  ten  o'clock  p.  M.,  I  despatched  four 
scoutc,  well  armed  and  mounted,  with  direc 
tions  to  reach  the  Laurel  Hill  and  northwest 
turnpike  road  as  soon  as  possible  westward  from 
West  Union,  and  to  reconnoitre  the  approaches 
thereto.  This  duty  would  take  them  over  a 
very  rough  road  (most  of  the  way)  some  six 
teen  or  eighteen  miles.  I  directed  them  to  first 
report  to  Col.  Irvine's  command,  then  at  West 
Union,  if  they  should  make  important  discov 
eries  nearer  to  him  than  to  me — then  hasten 
on  to  me.  I  also  sent  a  disguise  to  take  ob 
servations  about  St.  George,  and  the  roads  lead 
ing  from  that  point  to  my  camp ;  also,  many 
scouts,  not  mounted,  in  various  directions.  The 
first  named  mounted  scouts  reached  the  road 
they  desired  at  about  one  o'clock  A.  M.,  Sunday 
morning,  and  soon  discovered  the  enemy  in 
large  numbers,  and  to  get  out  of  his  reach  they 
were  obliged  to  secrete  themselves  for  a  short 
time.  This  was  southwestward  from  West 
Union  about  seven  or  eight  miles — of  course 
much  nearer  Col.  Irvine  than  to  my  command, 
and  in  obedience  to  my  order  he  was  notified 
before  the  messengers  came  to  me.  This  no 
tice,  I  am  informed,  was  given  between  three  and 
four  o^clock  A.  M.,  same  day.  The  horses  of 
those  scouts  "gave  out,"  by  which  means  I 
did  not  receive  their  report  until  ten  o'clock 
A.  M.  Little  before  eleven  o'clock  A.  M.,  I 
started  with  all  the  force  I  could  spare,  with 
one  day's  cooked  rations,  together  with  parts 
of  the  two  Virginia  companies,  making  alto 
gether  about  four  hundred  and  fifty-nine,  and 
arrived  at  the  "  Red  House,"  passing  through 
West  Union  at  half-past  three  p.  M.,  a  distance 
of  eighteen  or  nineteen  miles.  When  I  arrived, 
I  found  Colonel  Irvine's  forces,  part  of  Colonel 
Depuy's,  (Eighth  Ohio,)  and  a  few  of  the  Twen 
tieth  Ohio,  under  your  own  personal  command, 
with  two  pieces  of  ordnance,  had  been  in 
hot  pursuit  saveral  hours  before.  Not  gaining 
on  the  enemy,  and  our  forces  being  consider 
ably  out  of  strength  and  without  any  provi 
sions,  and  it  plainly  appearing  that  further  im 
mediate  pursuit  would  be  futile,  under  your 
order  all  our  forces  turned  back  and  encamped 
at  "  Red  House."  Leaving  my  force,  I  returned 
to  Cheat  River  to  order  provisions  and  trans 
portation  forward.  On  the  next  day  (Monday) 
I  received  from  you  an  order  to  join  a  forward 
movement  from  the  "  Red  House  "  with  all  tho 
forces  of  my  command  I  could  spare  from  the 
duties  already  assigned  me.  At  about  eight 
o'clock  p.  M.,  on  Monday,  15th  inst.,  I  joined  the 
column  under  Colonel  Irvine's  command,  with 
about  the  same  force  I  took  to  the  "  Red  House," 
(four  hundred  and  fifty,)  and  moved  eastwardly 
on  the  northwestern  turnpike,  in  pursuit  of  the 
enemy.  I  left  with  two  days'  rations,  and  or 
dered  more  to  be  sent.  I  had  no  transportation 


88 


REBELLION   RECORD,    1860-61. 


facilities,  and  could  take  little  baggage  of  any 
kind.  With  some  difficulty,  my  Quartermaster 
impressed  two  teams,  which  served  to  transport 
&few  cooking  utensils  and  the  scanty  provisions 
1  took  along.  We  pursued  the  enemy  under 
your  personal  command,  little  over  two  days, 
when,  on  Wednesday,  17th,  the  column  was 
turned  back.  The  whole  command  marched 
back  to  this  point  in  two  days,  somewhat  fa 
tigued,  but  in  the  best  of  order  and  in  very 
good  spirits ;  my  own  I  know  to  be  particular 
ly  so. 

All  of  which  is  respectfully  submitted. 

G.  W.  ANDREWS, 

Col.  Commanding  Fifteenth  Regiment  O.  V. 

STATEMENT  OF  LIEUT.  MYERS,  OF  RIXGGOLD 
CAVALRY. 

I  was  ordered  by  General  Hill,  on  the  Yth  of 
July,  to  take  twenty -five  men  of  the  Ringgold 
Cavalry  to  serve  as  mounted  scouts,  under 
command  of  Colonel  Irvine  of  the  Sixteenth 
Ohio,  and  reported  my  command  to  him  on  the 
same  night.  Colonel  Irvine  was  then  posted 
near  Cheat  River  bridge.  I  remained  attached 
to  his  command  until  Monday,  the  15th  of  July. 

On  the  morning  of  the  8th  six  men  of  my 
command  were  sent  by  order  of  Colonel  Irvine 
out  on  the  St.  George  road,  (sometimes  called 
the  Horse- Shoe-Run  road,)  that  intersects  the 
northwest  turnpike  at  lied  House,  to  Rine- 
hard's  School  House.  They  remained  there  until 
Saturday,  the  13th,  when  they  were  ordered  by 
Colonel  Irvine  to  come  into  his  camp  at  West 
Union,  which  they  did  the  same  afternoon.  I 
Lad  ascertained  from  persons  living  on  the  St. 
George's  road,  (above  mentioned,)  that  the  reb 
els  were  retreating,  and  would  be  through  on 
that  road  from  St.  George  to  Red  House  on 
Saturday  night  or  Sunday,  and  reported  the 
same  to  Colonel  Irvine.  I  told  him  I  thought 
it  important  that  scouts  should  be  sent  out  in 
that  direction,  and  gave  him  the  information  I 
had  received.  He  replied  that  there  were  other 
points  of  more  importance.  About  sundown 
on  Saturday,  the  13th,  a  man  came  up  from  the 
neighborhood  of  Rinehard's  School  House,  and 
told  me  that  he  had  heard  that  they  were  com 
ing  through  on  that  road,  and  would  be  through 
on  that  night.  I  again  went  to  Colonel  IrVine 
and  gave  him  this  information,  and  told  him 
that  some  of  my  boys  were  anxious  to  go  out 
on  that  road.  He  said  he  would  see  about  it, 
and  walked  away.  I  returned  to  my  quarters, 
and  remained  there  pursuant  to  his  orders. 

II.  A.  MYERS, 
Second  Lieutenant,  Ringgold  Cavalry. 

GRAFTON,  VA.,  July  21, 1861. 

Aungier  Dobbs,  private  in  Capt.  Key's  com 
pany,  Riiiggold  Cavalry,  states  that  on  Satur 
day,  the  13th  July,  at  about  one  o'clock  p.  M., 
the  scouts  of  that  company,  then  on  the  Horse- 
Shoe-Run  road,  so-called,  were  ordered  by  Col. 
Irvine,  of  the  Sixteenth  Ohio  Regiment,  to  re 
turn  to  his  camp,  and  they  did  so  afterward, 
as  soon  as  they  could  be  called  back,  leaving  no 


scouts  at  the  point  where  they  had  been  sta 
tioned,  and  none  on  that  road,  so  far  as  he 
(Dobls)  knows,  until  the  enemy  had  passed. 

AUNGIER   DOBBS. 
Grafton,  Va  ,  July  21,  1861. 

HEAD-QUARTERS,  SIXTEENTH  REGIMENT  O.  V.  M., ) 
OAKLAND,  Md.,  July  20th,  1861.      \ 

GENERAL  :  In  reply  to  your  order  of  the  19th 
inst.,  requiring  me  to  report  the  steps  taken  by 
me  to  intercept  the  retreat  of  the  rebels  from 
Laurel  Hill,  I  have  the  honor  to  report :  That  in 
obedience  to  your  order  I  occupied  and  fortified 
the  junction  of  the  Buffalo  turnpike  with  the 
northwest  road,  together  with  the  Cheat  River 
bridge.  Subsequent  reconnoissances  indicated 
the  occupation  of  a  point  further  to  the  east 
ward  on  the  northwestern  road,  and  upon  the 
suggestion  of  Col.  Whittlesey  and  your  approv 
al,  I  occupied  the  position  of  the  St.  George 
turnpike,  with  the  northwestern,  with  two 
companies,  which,  by  the  reconnoissances  then 
made,  was  supposed  to  be  the  extreme  eastern 
point  of  access  to  the  northwestern  road  from 
the  vicinity  of  Laurel  Hill.  On  the  information 
received  from  you  I  advanced  with  the  re 
mainder  of  my  regiment  (in  all  seven  com 
panies)  and  one  gun,  to  West  Union,  on  Friday 
night,  the  llth  of  July,  arriving  shortly  after 
midnight,  where  I  was  joined  by  Col.  Depuy, 
of  the  Eighth  Ohio,  with  six  companies.  On 
Saturday,  the  12th,  Col.  Depuy  and  myself 
made  reconnoissances  of  the  roads  in  the  vi 
cinity,  but  failed  to  get  the  correct  information 
sought.  It  was  not  till  near  midnight  of  the 
12th  that  I  learned  that  the  road  entering  the 
N.  W.  pike  at  Red  House  was  not  a  branch  of 
the  St.  George  pike.  I  immediately  despatched 
mounted  scouts  to  Horse-Shoe-Run  road,  (the 
one  entering  at  Red  House,)  and  they  brought 
me  information,  about  six  and  a  half  o'clock  of 
the  13th,  of  the  passage  of  the  enemy.  I  imme 
diately  put  my  command  in  motion,  and 
marched  eastward  on  the  N.  W.  pike  to  Red 
House,  where  I  learned  the  enemy  had  left  at 
five  o'clock  A.  M.  I  followed,  crossing  Back 
bone  Mountain,  and  halted  to  rest  my  men  two 
miles  west  of  North  Branch  bridge,  \\here  I 
was  overtaken  by  you.  My  command  had 
already  marched  fourteen  miles,  most  of  them 
without  breakfast.  I  had  but  few  rations  to 
send  forward  if  I  had  had  transportation,  but  I 
had  not  a  single  wagon  to  carry  any  thing.  At 
the  consultation  then  held,  a  full  statement  being 
mnde  by  the  respective  commanding  officers  of 
their  condition,  and  of  yours,  in  regard  to  want 
of  transportation,  it  was  determined  to  abandon 
the  pursuit,  in  which  opinion  there  was  a 
unanimous  concurrence,  with,  I  believe,  a  sin 
gle  exception  amongst  over  twenty  officers. 
At  that  time  the  enemy  were  at  Stony  River 
bridge,  which  they  subsequently  destroyed,  be 
fore  even  fresh  troops  could  have  reached  them 
from  where  we  then  were.  Subsequent  oper 
ations,  being  conducted  under  your  own  eye,  I 
suppose  are  not  called  for  in  this  hasty  report, 
made  under  circumstances  forbidding  accuracy 


DOCUMENTS. 


39 


of  date  and  detail.     I  remain  your  obedient 
servant,  J.  IRVINE, 

Col.  Commanding  Sixteenth  Regiment,  O.  V.  M. 

p.  S. — On  Saturday,  12th,  I  had  mounted 
scouts  at  a  fork  of  the  road,  where  a  road 
branched  east  from  St.  George  pike,  supposing 
it  to  be  the  road  leading  to  Bed  House. 

RED  HOUSE  CAMP,  July  22, 1861. 

BRIG.-GEN.  HILL.  Sir:  In  compliance  with 
your  order  dated  July  19th,  1861,  requiring  me 
to  transmit  you  a  full  account  of  my  pro 
ceedings  with  my  command,  to  pursue  and  in 
tercept  the  rebel  forces  retreating  from  Laurel 
Hill,  by  way  of  St.  George  and  Red  House 
Corners,  on  Tuesday,  July  14th,  1861,  with  the 
number  of  my  forces,  the  amount  of  provisions 
on  hand  and  means  of  transportation,  herewith 
I  present  the  following  report: 

I  arrived  at  West  Union,  from  Oakland,  with 
four  companies  of  my  command  on  Saturday 
morning,  July  13th,  at  one  A.  M.,  in  a  violent  rain 
storm,  having  been  compelled  to  leave  two 
companies  at  Ohisholm's  Mill  to  guard  all  of 
my  teams,  which  had  given  out.  They  arrived 
at"  West  Union  at  nine  A.  M.,  making  my  force 
six  companies,  of  five  hundred  and  seventy- 
eight  men.  At  nine  A.  M.,  July  13th,  I  waited 
on  Col.  Irvine,  of  the  Sixteenth  Ohio  regiment, 
and  we  proceeded  to  examine  the  country  for 
five  miles  in  the  different  directions  which  we 
supposed  the  enemy  would  take.  On  our  re 
turn  Col.  Irvine  received  a  despatch  from  you 
informing  him  that  the  enemy  were  retreating 
by  way  of  St.  George.  As  yet  not  knowing 
but  that  West  Union  would  be  the  route  they 
would  be  compelled  to  take  owing  to  the  im 
passable  state  of  the  other  roads  leading  from 
St.  George  across  the  country,  and  intersecting 
the  western  turnpike,  I,  with  Col.  Irvine  and 
Major  Bailey,  immediately  selected  two  posi 
tions,  one  south  of  West  Union  half  a  mile, 
and  the  other  one  mile  west,  either  of  them 
strong  enough  to  have  defended  us  from  any 
numbers.  I  ordered  my  men  to  lie  upon  their 
arms  in  readiness  to  take  position  at  a  mo 
ment's  warning.  At  five  and  a  half  A.  M.,  Sun 
day  morning,  Colonel  Irvine's  scouts  came  in 
and  informed  me  that  the  enemy  were  retreat 
ing  by  way  of  Red  House  Corners.  We  imme 
diately  got  under  way  and  gave  chase,  arriv 
ing  at  the  Corners  at  eight  A.  M.,  a  distance 
of  eight  miles.  Here  we  learned  they  had 
passed  at  five  A.  M.,  with  the  exception  of  a 
regiment  or  two  still  back.  We  immediately 
selected  two  companies  of  rifles,  one  from  the 
Eighth,  Capt.  Daggett,  and  one  from  the  Six 
teenth,  and  ordered  them  to  proceed  southward 
toward  Texas  Corners,  and  meet  them,  if  pos 
sible,  upon  advantageous  grounds.  The  main 
body,  supposed  to  be,  from  what  we  learned 
from  prisoners,  about  five  thousand  strong, 
having  got  two  and  a  half  hours  the  start,  we 
continued  the  chase  until  we  were  within  eight 
miles  of  them.  Having  travelled  six  miles,  we 
halted  to  make  a  reconnoissance,  when  we  were 


overtaken  by  Gen.  Hill.  The  balance  of  the 
march  was  made  under  the  supervision  of  the 
Commanding  General. 

When  I  started  on  Sunday  morning  in  pur 
suit,  many  of  my  command  had  taken  no 
breakfast,  and  made  the  entire  march  that 
day  with  but  half  a  biscuit.  We  had  not  one 
day's  provisions  on  hand,  and  our  means  of 
transportation  were  so  limited  as  to  cut  off 
the  hope  of  an  immediate  supply.  My  com 
mand  had  at  that  time  received  no  horses  or 
wagons  from  the  government,  and  my  only 
means  of  transportation  were  teams  pressed 
into  service  from  farmers  in  and  about  Oak 
land.  H.  G.  DEPUY, 

Col.  Eighth  Regt.,  O.  V. 
RFPORT  OF  CAPT.  JOHN  KEYS. 

Company  divided  on  July  7th,  twenty-five 
privates  and  2d  Lieutenant  sent  to  Cheat  River 
under  command  of  Col.  Irvine ;  the  remainder 
kept  on  duty  at  Grafton  and  vicinity  till  July 
13th,  when  I  left  with  twenty-five  men  on  the 
cars  for  Oakland,  as  a  part  of  Gen.  Hill's  com 
mand,  the  remaining  twenty-five  men,  with  the 
First  Lieutenant,  were  left  in  Grafton  and  vicin 
ity  until  July  15th,  when  they  came  forward  to 
Oakland.  Myself  and  twenty-five  men  arrived 
at  Oakland  at  or  about  eleven  o'clock  p.  M., 
July  13th,  but  it  took  till  daylight  before  we 
could  get  our  horses  off  the  cars  and  cared  for. 
We  were  up  and  engaged  in  this  work  all 
night.  Neither  horses  nor  men  had  any  food 
from  noon  of  the  13th  till  the  morning  of  the 
14th,  and  then  had  great  difficulty  in  getting 
any  thing  for  either,  and  a  great  deal  of  time 
was  consumed  in  getting  a  supply  pressed  into 
service  for  one  meal.  About  nine  A.  M.,  of  the 
14th,  we  got  news  that  the  enemy  had  escaped, 
and  immediately  moved  forward  with  General 
Hill,  under  his  order,  to  the  Red  House.  There 
he  ordered  me  with  seventeen  picked  men  to 
press  on  and  report  to  Col.  Irvine  for  recon 
noissance  to  the  front,  the  other  eight  men  being 
detained  by  Gen.  Hill  for  special  service  after 
he  should  get  such  facts  from  prisoners  and 
others  as  he  needed  for  his  guidance.  I  did  as 
I  was  directed ;  pressed  forward  in  pursuit  of 
the  enemy,  passing  all  of  our  bodies  of  foot 
troops,  and  at  a  mile  and  a  half  or  two  miles  in 
their  advance  joined  the  twenty-five  scouts  with 
the  Second  Lieutenant,  who  had  been  serving 
with  Col.  Irvine  for  the  last  seven  days.  There 
were  now  about  forty  of  my  men  together.  I  in 
quired  of  them  then,  and  have  since  particularly, 
as  to  the  whereabouts  of  the  enemy,  and  learned 
from  them  and  my  own  observation  that  only 
a  few  stragglers  were  at  any  time  seen  by  any 
of  our  party.  None  of  my  men  at  any  time 
came  in  sight  of  the  enemy's  rear  guard. 

A  mounted  officer  serving  with  us  under  the 
command  of  Col.  Irvine — I  think  his  Adjutant 
— was  forward  with  my  men,  and  under  his 
orders  the  scouts  from  my  company  gave  up 
the  pursuit,  and  returned  to  the  infantry  at  the 
point  where  the  council  was  held  by  Gen.  Hill. 


40 


REBELLION  RECORD,  1860-61. 


I  will  say,  in  conclusion,  that  by  his  order  am 
\vith  Gen.  Hill  we  went  forward  from  Oaklam 
at  the  gallop  and  with  all  of  the  speed  on 
horses  could  possibly  endure,  not  stopping  for  a 
moment  by  the  way  until  we  reached  the  Re 
House,  and  then  only  for  a  moment.     We  wen 
again  ordered,  and  went  forward  at  the  rate  of 
not  less  than  ten  or  twelve  miles  per  hour,  pass 
ing  all  of  the  foot  troops  by  the  way,  and  were 
halted  as  before  stated.  JOHX  KEYS, 

Capt.  Com.  Ringgold  Cavalry.  Penii.  Vols 
July  31, 1861. 

REASOX  FOB  DELAY  OF  THIS  REPORT. — Imme 
diately  after  coming  back  from  Oakland,  I  was 
again  ordered  to  take  an  escort  of  twenty-five 
men  and  go  with  Gen.  Reynolds  to  Beverly 
which  I  did.  When  there,  it  was  though 
necessary,  and  we  escorted  the  General  to 
camp,  at  the  foot  of  Cheat  Mountain,  where 
we  arrived  the  second  day,  and  again  proceeded 
to  camp  on  the  summit  of  Cheat  Mountain  ancl 
back  on  the  same  day  by  two  o'clock.  On  the 
following  day,  July  29,  we  again  started  for 
Grafton  as  an  escort  to  Gen.  Schleigh  and  Capt. 
Cram,  U.  S.  A. ;  camped  at  Beverly  over 
night,  and  reached  Grafton  the  evening  of 
the  30th.  J.  KEYS, 

Capt.  R.  Cavalry. 
To  Brig.-General  C.  ~W.  HILL. 

CoLUMBts,  O.,  August  6, 1861. 
The  undersigned,  having  heard  erroneous  ac 
counts  of  the  manner  in  which  the  remnant  of 
Garnett's  command  made  their  escape  from  the 
United  States  troops  under  Brig.-Gen.  C.  W. 
Hill,  and  having  also  heard  it  stated  that  the 
advance  guard  of  Gen.  Hill's  command  was  at 
one  time  in  sight  of  the  enemy,  hereby  makes 
the  following  statement : 

That  on  the  morning  of  July  14th  last,  I  was, 
by  Col.  Irvine  commanding  Sixteenth  regiment, 
O.  V.  M.,  placed  in  command  of  a  detachment 
of  the  Ringgold  Cavalry,  then  at  Hoy's  House, 
about  five  miles  East  of  the  Red  House,  and 
directed  by  Col.  Irvine  to  advance  and  ascer 
tain,  if  possible,  the  position,  etc.,  of  the  enemy. 
I  immediately  moved  my  party  forward  along 
the  turnpike  until  beyond  the  northwest 
branch  of  the  Potomac  River,  (two  miles  east 
of  Hoy's,)  occasionally  meeting  and  capturing 
small  bodies  of  the  rebels,  and  making  prison 
ers  of  all  of  the  enemy  I  saw.  I  pushed  for 
ward  part  of  my  command  about  a  mile  beyond 
the  bridge.  I  was  fully  three  miles  in  advance 
of  the  point  where  our  rifiumen  halted,  who,  in 
turn,  were  some  distance  ahead  of  our  main 
body,  and  at  no  time  (upon  information  re 
ceived  from  prisoners  and  residents  along  the 
turnpike)  was  I  nearer  than  four  or  five  miles 
of  the  enemy's  rear  guard.  I  followed  the 
tracks  of  the  enemy's  guns  to  the  North  branch 
bridge,  but  could  not  trace  them  further,  the 
guns  having  evidently  been  moved  from  rear  to 
front  at  that  point.  There  were  none  of  our 
forces  in  advance  of  me  on  that  day. 

D.  W.  MARSHALL, 

Adjutant  Sixteenth  Regiment,  O.  V.  M. 


REMARKS.— At  the  date  of  my  report,  Major- 
General  McClellan  relinquished  the  command 
in  Western  Virginia.  The  report,  on  that  ac 
count,  was  made  in  duplicate,  and  one  copy  of 
it  delivered  with  the  accompanying  documents 
to  Major-General  McClellan  and  another  to 
Brigadier-General  Rosecrans.  Those  comman 
ders,  having  knowledge  of  the  instructions  un 
der  which  I  acted  and  of  the  extent  of  my 
duties,  as  also  of  the  official  reports  and  cor 
respondence  prior  to  the  17th  of  July,  and  of 
the  topography  of  the  country,  could  see  the 
bearing  and  relation  of  matters'in  the  foregoing 
reports  as  the  public  might  not  without  some 
additional  facts,  which  now  are  submitted. 

My  brigade  proper,  as  ordered  by  Maj.-Gen. 
McClellan,  consisted  of  the  Fifteenth,  Six 
teenth,  Eighteenth,  Twentieth,  and  Twenty- 
second  Ohio  regiment,  with  several  detached 
companies  of  Virginia  infantry,  one  company 
of  cavalry,  and  one  of  artillery,  and  for  portions 
of  the  time,  the  Fifth,  Sixth,  Eighth,  Tenth, 
and  Thirteenth  Ohio  regiments  were  attached 
to  my  command.  With  these  troops  I  was  re 
quired  to  garrison  and  hold  both  lines  of  rail 
roads  from  Rowlesburg  to  Wheeling  and  Par- 
kersburg,  and  the  country  adjacent  thereto,  and 
south  toward  the  Kanawha,  and  up  the  Cheat 
River,  and  eastward  to  Wrest  Union. 

The  written  instructions  from  Major  S.  Wil 
liams,  Assistant  Adjutant-General,  prescribing 
my  duties,  contained  the  following  language : 
"  The  commanding  general  instructs  me  to  add 
that  he  has  intrusted  to  you  the  most  important 
duty,  next  to  his  own,  in  this  territory,  viz. : 
That  of  securing  the  base  of  his  operations  and 
his  line  of  retreat.  At  any  cost,  that  of  your 
last  man,  you  will  preserve  the  Cheat  River 
ine,  Grafton,  and  the  line  thence  to  Wheeling. 
On  this  depends  the  entire  success  of  the  line 
of  operations." 

To  strengthen  and  support  the  columns  of 
enerals  McClellan,   Morris,  and  Cox,  troops 
were  drawn  from  my  lines,  thus  reducing  them 
^     the  lowest  point  of  safety,  so  that  when  I 
was  appealed  to  on  the  4th  of  July  to  send  five 
inndred  men  to  Oakland  to  protect  the  rail 
road  bridge  at  that  place,  and  keep  open  our 
communications  east  against  a  strong  force  of 
•ebels,  not  a  man  could  be  -spared.     General 
McClellan  was  kept  fully  advised  at  all  times 
>f  every  thing  material  for  him  to  know,  so 
hat  he  might  give  special  instructions  on  any 
;uestion.     Summing  up  a  brief  review  of  my 
ransactions  in  a  despatch  on  the  5th  of  July,  he 
ays :  "  Your  course,  thus  far,  has  been  in  all 
aspects  judicious  and  soldierly." 
The  instructions  were  to  increase  the  Cheat 
River  garrison  to  one  thousand  men,  and  sup 
ply  it  with  one  gun.     This  was  done.     Rowles 
burg  was  the  point  of  support  on  the  railroad 
for  this  garrison,  and  in  all  of  Major-General 
McClellan's  instructions  relative  to  movements 
on  the  east  of  Cheat  River,  he  contemplated 
Rowlesburg  as  the  Point  cTAppui.     The  Cheat 
River  column,  under  Col.  Irvine,  on  the  8th  of 


DOCUMENTS. 


41 


July  consisted  of  five  companies  of  the  Fifteenth 
Ohio,  seven  companies  of  the  Sixteenth  Ohio, 
two  companies  of  the  First  Virginia,  and  twen 
ty-five  cavalry.  On  the  llth  of  July  he  was 
reinforced  from  Grafton  with  six  companies  of 
the  Eighth  Ohio. 

The  two  Pennsylvania  regiments  which  Maj.- 
Gen.  McClellan  ordered  to  join  me  from  Cum 
berland,  Md.,  were  cut  off  by  the  burning  of 
the  bridge  on  the  B.  &  O.  road  below  New 
Creek,  and  that  on  the  Frostburg  road  near 
Piedmont.  This  was  done  by  the  rebels  on  the 
12th  of  July.  They  also  destroyed  the  tele 
graph  lines  at  the  same  points.  On  the  evening 
of  the  same  day  I  sent  advices  of  these  facts  to 
the  Department  Head-quarters,  but  they  were 
not  received  there  until  the  next  day. 

When  I  received  my  orders  on  the  13th,  it 
was  perfectly  apparent  that  the  two  Pennsyl 
vania  regiments  could  not  reach  me  at  all,  and 
very  probable  that  they  had  not  even  received 
the  order  to  join  me.  Two  complete  regiments, 
then,  intended  by  Gen.  McClellan  to  be  prompt 
ly  in.  position,  at  what  he  considered  to  be 
exactly  the  right  place,  must  be  dropped  from 
the  estimate  of  forces,  and  their  places  filled,  as 
best  they  might,  by  small  detachments  drawn 
from  garrisons  between  Grafton,  Wheeling,  and 
Parkersburg.  The  result  was  unavoidable,  that 
the  whole  expedition  must  consist  of  fragment 
ary  regiments  and  detached  companies,  almost 
wholly  destitute  of  means  of  transportation,  to 
be  organized  and  put  in  the  field  in  the  utmost 
haste,  and  under  no  common  embarrassments. 

Lieut.-Col.  J.  W.  Fuller  of  my  staff  had  been 
sent  forward  to  Oakland  on  the  12th,  to  aid  in 
getting  means  of  transportation  for  Col.  De- 
puy's  six  companies  of  the  Eighth  Ohio  over  to 
Chisholm's  Mill,  as  a  reinforcement  to  Col.  Ir 
vine,  and  did  not  return  to  Grafton  until  the 
morning  of  the  14th.  Orders  had  been  given 
to  hire,  and  if  necessary  impress,  teams  from 
Oakland  and  vicinity,  for  the  baggage  and  sup 
plies  of  Cols.  Depuy  and  Irvine,  but  enough 
could  not  be  obtained,  and  a  considerable  quan 
tity  remained  at  Oakland  under  a  guard  from 
the  Eighth  regiment.  There  was  also  a  com 
pany  of  Home  Guards  there  to  protect  the  rail 
road  bridge.  It  was  reported  that  some  Fed 
eral  troops  had  reached  Piedmont  that  might 
be  disposed  to  cooperate  with  us.  Having  ad 
vised  Col.  Fuller  that  I  was  taking  steps  to  in 
tercept  Garnett's  army,  and  should  move  in  by 
way  of  Oakland,  and  directed  him  to  remain  in 
the  telegraph  office  and  keep  me  advised  until 
I  should  reach  Rowlesburg,  I  sent  him  the 
following  telegrams : 

"  GRAFTON,  July  13th,  3  p.  M. 

"  COL.  FULLER  :  Order  all  the  men  over  from 
Oakland  that  can  be  spared,  with  one  day's 
cooked  rations,  if  possible,  but  do  not  wait  to 
cook.  Retain  all  the  teams  not  needed  to  send 
forward  until  I  telegraph  you  from  Rowlesburg." 

,  "  ROWLESBURG,  July  13. 

"  COL.  FULLER  :  Have  teams  and  guides  ready 
on  our  arrival  at  Oakland.  We  will  be  there 


by  a  quarter  to  eight  p.  M.  Send  forces  from 
Piedrnent  to  reinforce  at  Junction,  with  our 
forces,  on  northwest  pike,  near  Chishohn's 
Mill,  as  soon  as  possible.  On  our  arrival  you 
and  Capt.  Dayton  will  return  to  Grafton,  where 
you  will  take  command." 

It  hardly  need  be  repeated  that  the  first  train 
did  not  reach  Oakland  until  eleven  p.  M.,  that 
we  could  get  DO  teams  and  received  no  troops 
from  Piedmont. 

In  making  Oakland  instead  of  Rowlesburg 
the  point  of  departure  from  the  railroad,  thus 
deviating  from  the  plan  of  Major-General  Mc 
Clellan,  I  was  influenced  by  considerations  of 
distance,  want  of  transportation,  the  condition 
of  roads,  and  the  supposed  locality  of  Col.  Ir 
vine.  From  Rowlesburg  up  the  Cheat  River 
to  the  northwest  pike  was  five  miles  ;  thence  to 
West  Union,  eight  miles;  thence  to  Chisholm's 
Mill,  six  miles  ;  and  to  the  Red  House.  Total, 
twenty-one  miles.  From  Rowlesburg  to  Oak 
land,  by  railroad,  twenty-three  miles ;  thence 
to  Chisholm's  Mill,  eight  and  a  half  miles ;  or 
from  Oakland  to  Red  House  Junction,  nine 
miles.  To  march  an  army  from  Rowlesburg  to 
Red  House  would  ordinarily  require  from  ten 
to  twelve  hours;  whereas,  from  Rowlesburg 
via  Oakland  to  Red  House  would  not  require 
over  five  or  six  hours.  Transportation  of  sup 
plies  and  fatigue  of  men  should  be  thought  of. 
The  space  from  Cheat  River  to  the  Red  House 
(sixteen  miles)  has  been  alluded  to  by  many 
editors  and  letter-writers  who  had  heard  some 
thing  about  that  country,  as  a  Gap  through 
which  the  rebel  army  escaped.  Seven  differ 
ent  roads  diverge  and  run  northerly  from  Leeds- 
ville  and  intersect  the  northwest  pike  within 
that  Gap  !  The  "  Horse-Shoe-Run  road,"  run 
ning  northerly  through  "  Corrick's  Ford,"  and 
intersecting  the  northwest  pike  at  the  "  Red 
House,"  comes  in  on  "  the  glades"  where  the 
surface  and  appearance  of  the  country  are  a  good 
deal  like  that  around  Bellevue,  Huron  Co., 
Ohio, — cleared  farms,  long  stretches  of  natural 
meadows,  gentle  elevations,  and  small  patches 
of  forest.  For  three  or  four  miles  about  the 
"  Red  House  "  the  roads  and  fields  are  prac 
ticable  for  cavalry  and  artillery. 

A  word  about  the  march  of  my  little  army 
of  five  thousand  four  hundred  men  into  Hardy 
County,  Va.  It  was  enough  for  me  to  know, 
upon  the  most  reliable  reports  of  scouts  from 
different  directions,  all  corroborating  each 
other,  that  the  country  was  so  clear  of  the  ene 
my  in  force  as  to  leave  us  very  few  to  meet, 
other  than  the  remains  of  Garnett's  army.  I 
could  only  have  said  at  the  time  that  the 
rebel  army  under  General  Johnston  was  going 
and  had  "gone  South.'1''  But  the  reading  public 
found  out  next  Sunday  that  they  were  seen  at 
Manassas  ! 

Had  Major-General  McClellan  known  the 
facts  as  I  knew  them,  I  have  no  reason  to  sup 
pose  that  he  would  have  ordered  me  to  aban 
don  the  pursuit  as  he  did  do. 

CHAS.  W.  HILL. 


42 


REBELLION  RECORD,    1860-61. 


Doc.  7. 
THE  REBELLION: 

ITS  ORIGIN  AND  MAIN-SPRING. 

An  Oration  delivered  before  the  Citizens  of  New  York, 
•under  the  auspices  of  the  New  York  Young  Men's 
Republican  Union,  at  Cooper  Institute,  on  Wednes 
day  evening,  November  27,  1861, 

BY   CHAELES  8UMNEB. 

ME.  PRESIDENT  :  It  is  my  nature  to  be  more 
touched  by  the  kindness  of  friends  than  by  the 
malignity  of  enemies;  and  I  know  something 
of  both.  You  make  me  feel  that  I  am  among 
friends.  It  gives  me  much  pleasure  to  be 
welcomed  by  the  Republican  Union,  first,  as 
you  represent  the  young  men  who  are  the 
hope  and  strength  of  the  country,  and,  second 
ly,  as  you  constitute  an  association  which  has 
already  rendered  signal  service  in  saving  the 
country  from  the  rule  of  the  Slave  Oligarchy. 
It  was  under  your  auspices  that  our  candidate 
for  the  Presidency,  known  and  honored  in  Illi 
nois,  became  equally  known  and  honored  in 
New  York.  Nor  is  it  too  much  to  say  that  the 
masterly  speech  which  he  made  at  your  invita 
tion  in  this  very  hall,  was  needed  to  complete 
those  titles  to  regard  which  caused  his  nomina 
tion  at  Chicago,  and  his  election  by  the  people. 
It  was  he  who  did  the  work ;  but  you  supplied 
the  opportunity. 

Fellow- Citizens  of  New  York: 

In  the  presence  of  such  an  audience,  so  genial 
and  almost  so  festive  in  character — assembled 
for  no  purpose  of  party  or  even  of  politics,  in 
the  ordinary  sense  of  that  term — I  incline  nat 
urally  to  some  topic  of  literature,  of  history, 
of  science,  of  art, — to  something,  at  least,  which 
makes  for  peace.  But  at  this  moment,  when 
our  whole  continent  is  beginning  to  shake  with 
the  tread  of  mustering  armies,  the  voice  re 
fuses  any  such  theme.  The  ancient  poet,  long 
ing  to  sing  of  Achilles  and  the  house  of  Atreus, 
found  that  he  -could  only  sing  of  love, — and  he 
snatched  from  his  lyre  its  bloody  string.  Alas  ! 
for  me  the  case  is  all  changed.  I  can  speak  to 
you  only  of  war ;  but  do  not  forget  that  if  I 
speak  of  war,  it  is  because  unhappily  war  has 
become  to  us  the  only  way  of  peace. 

The  present  is  too  apt  to  appear  trivial  and 
unimportant,  while  the  past  and  the  future  are 
grand.  Rarely  do  men  know  the  full  signifi 
cance  of  the  period  in  which  they  live,  and  we 
are  all  inclined  to  sigh  for  something  better  in 
the  way  of  opportunity — such  as  was  given  to 
the  hero  of  the  past,  or  such  as  our  imagination 
allots  to  the  better  hero  of  the  future.  But 
there  is  no  occasion  for  such  repining  now. 
There  is  nothing  in  the  past,  and  it  is  difficult 
to  imagine  any  thing  in  the  future,  more  in 
spiring  than  our  present.  Even  with  the  cur 
tain  yet  slightly  lifted,  it  is  easy  to  see  that 
events  are  now  gathering,  which,  in  their  de 
velopment,  must  constitute  the  third  great 
epoch  in  the  history  of  this  Western  Hemi-^ 


sphere  ; — the  first  being  its  discovery  by  Chris 
topher  Columbus,  and  the  second  being  the 
American  Revolution.  And  now  it  remains  to 
be  seen  that  this  epoch  of  ours  may  not  surpass 
in  grandeur  either  of  its  two  predecessors,  so 
that  the  fame  of  the  Discoverer  and  the  fame 
of  the  Liberator — of  Columbus  and  of  Washing 
ton — may  be  eclipsed  by  the  mild  effulgence 
beaming  from  an  act  of  god-like  justice,  which, 
within  its  immediate  influence,  will  create  a  new 
heaven  and  a  new  earth,  while  in  other  lands 
its  life-giving  example  will  be  felt  so  long  as 
men  struggle  for  rights  denied,  so  long  as  any 
human  being  wears  a  chain. 

War  is  always  an  epoch.  Unhappily,  history 
counts  by  wars.  Of  these,  some  have  been  wars 
of  ideas — like  that  between  the  Catholics  and 
Huguenots  in  France;  between  the  Catholics 
and  Protestants  in  Germany ;  between  the  ar 
bitrary  crown  of  Charles  I.  and  the  Puritanism 
of  Oliver  Cromwell ;  and  like  that  between  our 
fathers  and  the  mother  country,  when  the  Dec 
laration  of  Independence  was  put  in  issue. 
Some  have  originated  in  questions  of  form; 
some  in  the  contentions  of  families ;  some  in 
the  fickleness  of  princes,  and  some  in  the  mach 
inations  of  politicians.  England  waged  war 
on  Holland,  and  one  of  the  reasons  openly  as 
signed  was  an  offensive  picture  in  the  town 
hall  of  Amsterdam.  France  hurled  her  armies 
across  the  Rhine,  carrying  fire  and  slaughter 
into  the  Palatinate,  and  involving  great  nations 
in  a  most  bloody  conflict,  and  all  this  wicked 
ness  has  been  traced  to  the  intrigue  of  a  minis 
ter,  who  sought  in  this  way  to  divert  the  atten 
tion  of  his  sovereign.  But  we  are  now  in  the 
midst  of  a  war,  which,  whatever  may  be  the 
reasons  assigned  by  the  unhappy  men  who  be 
gan  it,  or  by  those  who  sympathize  with  them 
elsewhere,  has  an  origin  and  main-spring  so 
clear  and  definite  as  to  be  beyond  question. 
Ideas  are  sometimes  good  and  sometimes  bad  ; 
and  'there  may  be  a  war  for  evil  as  well  as  for 
good.  Such  was  that  earliest  rebellion  waged 
by  the  fallen  spirits  against  the  Almighty 
Throne ;  and  such,  also,  is  that  now  waged  by 
the  fallen  slave-masters  of  our  Republic  against 
the  national  Government. 

If  you  will  kindly  listen,  I  shall  now  endeav 
or  to  unmask  this  rebellion,  in  its  origin  and 
main-spring.  It  is  only  when  these  are  known 
that  you  can  determine  how  the  rebellion  is 
to  be  treated.  Your  efforts  will  naturally  be 
governed  by  the  character  of  the  adverse  force 
—whether  regarded  as  a  motive  power  or  as  a 
disease.  A  steam-engine  is  stopped  at  once  by 
stopping  the  steam.  A  ghastly  cancer,  which 
has  grappled  the  very  fibres  of  the  human 
frame  and  shot  its  poison  through  every  vein,, 
will  not  yield  to  lip-salve  or  rose-water. 

Diseases  desperate  grown 

By  desperate  appliances  are  relieved, 

Or  not  at  all. 

On  the  6th  November  last,  the  people  of  the 
United  States,  acting  in  pursuance  of  the  Con 
stitution  and  laws,  chose  Abraham  Lincoln 


w//.' 


HCTN.   CHARLES  SUMNER 


DOCUMENTS. 


43 


President.  Of  course  this  choice  was  in  every 
particular  completely  constitutional  and  legal. 
As  such  it  was  entitled  to  the  respect  and  ac 
quiescence  of  every  good  citizen.  It  is  vain  to 
Bay  that  the  candidate  represented  opinions 
obnoxious  to  a  considerable  section  of  the  coun 
try,  or  that  he  was  chosen  by  votes  confined  to 
&  special  section.  It  is  enough  that  he  was 
duly  chosen.  You  cannot  set  aside  or  deny 
such  an  election  without  assailing,  not  only  the 
whole  frame-work  of  the  Constitution,  but  also 
the  primal  principle  of  American  institutions. 
You  become  a  traitor  at  once  to  the  existing 
Government,  and  also  to  the  very  idea  of  pop 
ular  rule.  You  snatch  a  principle  from  the  red 
book  of  despotism,  and  openly  substitute  the 
cartridge-box  for  the  ballot-box. 

And  yet,  scarcely  had  this  intelligence  been 
flashed  across  the  country,  before  the  mutter- 
ings  of  sedition  and  treason  began  to  reach  us 
from  the  opposite  quarter.  The  Union  was 
menaced :  and  here  the  first  distinct  voice 
came  from  South  Carolina.  A  Senator  from 
that  State,  one  of  the  largest  slaveholders  of 
the  country,  and  a  most  strenuous  partisan  of 
slavery — Mr.  Hammond — openly  declared,  in 
language  not  easily  forgotten,  that  before  the 
18th  December  South  Carolina  would  be  "  out 
of  the  Union  high,  and  dry,  and  forever.1'  These 
•words  heralded  the  outbreak.  With  the  per 
tinacity  of  demons  its  leaders  pushed  forward. 
Their  avowed  object  was  the  dismemberment 
of  the  Republic  by  detaching  State  after  State, 
in  order  to  found  a  slave-holding  Confederacy. 
And  here  the  clearest  utterance  came  from  a 
late  Representative  of  Georgia — Mr.  Stephens 
— now  Vice-President  of  the  rebel  States,  who 
did  not  hesitate  to  proclaim  "  that  the  founda 
tions  of  the  new  Government  are  laid  upon  the 
great  truth,  that  slavery — subordination  to  the 
superior  race — is  the  negro's  natural  and  moral 
•  condition ;  that  it  is  the  first  Government  in 
the  history  of  the  world  based  upon  this  great 
physical,  philosophical,  and  moral  truth ;  and 
that  the  stone  which  was  rejected  by  the  first 
builders  is  in  the  new  edifice  become  the  chief 
stone  of  the  corner.'1''  Here  is  a  savage  frank 
ness  which  shows  an  insensibility  to  shame. 
Surely  the  object  avowed  is  hideous  in  every 
aspect,  whether  we  regard  it  as  treason  to  our 
paternal  Government,  as  treason  to  the  idea 
of  American  institutions,  or  as  treason  also  to 
those  commanding  principles  of  economy, 
morals,  and  Christianity,  without  which  civili 
zation  is  changed  into  barbarism. 

And  now  we  stand  face  to  face  in  deadly 
conflict  with  this  double-headed,  triple-headed 
treason.  Beginning  with  those  States  most 
peculiarly  interested  in  slavery,  and  operating 
always  with  an  intensity  proportioned  to  the 
prevalence  of  slavery,  it  has  fastened  upon 
other  States  less  interested — Tennessee,  North 
Carolina,  Virginia — and  with  much  difficulty 
has  been  prevented  from  enveloping  every  State 
containing  slaves,  no  matter  how  few ;  for 
such  is  the  malignant  poison  of  slavery  that 


only  a  few  slaves  will  constitute  a  slave  State 
with  all  the  sympathies  and  animosities  of 
slavery.  This  is  the  rebellion  which  I  am  to 
unmask.  But  bad  as  it  is  on  its  face,  it  becomes 
aggravated  wrhen  we  consider  its  origin,  and 
the  agencies  by  which  it  has  been  conducted. 
It  is  not  merely  a  rebellion,  but  it  is  a  rebellion 
begun  in  conspiracy ;  nor,  in  all  history,  ancient 
or  modern,  is  there  any  record  of  conspiracy  so 
vast  and  so  wicked,  ranging  over  such  spaces 
both  of  time  and  territory,  and  contemplating 
such  results.  A  conspiracy  to  seize  a  castle  or 
to  assassinate  a  prince  is  petty  by  the  side  of 
this  enormous  protracted  treason,  where  half  a 
continent  studded  with  castles,  fortresses,  and 
public  edifices,  is  seized,  where  the  Govern 
ment  itself  is  overthrown,  and  where  the  Presi 
dent,  on  his  way  to  the  national  capital,  nar 
rowly  escaped  a  most  cruel  assassination. 

But  no  conspiracy  could  have  ripened  into 
such  wicked  fruit,  if  it  were  not  rooted  in  a  soil 
of  congenial  malignity.  To  appreciate  properly 
this  influence,  we. must  go  back  to  the  beginning 
of  the  Government. 

South  Carolina,  which  has  taken  so  forward 
a  part  in  this  treason,  hesitated  originally,  as 
is  well  known,  with  regard  to  the  Declaration 
of  Independence.  Once  her  vote  was  recorded 
against  that  act ;  and  when  it  finally  prevailed, 
her  vote  was  given  for  it  only  formally  and  for 
the  sake  of  seeming  unanimity.  But  so  little 
was  she  inspired  by  the  Declaration,  that,  in 
the  contest  which  ensued,  her  commissioners 
made  a  proposition  to  the  British  commander, 
which  has  been  properly  characterized  by  an 
able  historian  as  "  equivalent  to  an  offer  from 
the  State  to  return  to  the  British  crown." 
The  same  hesitation  showrn  with  regard  to 
the  Declaration  of  Independence  was  renewed 
with  regard  to  the  Federal  Constitution,  and 
here  it  was  shared  by  another  State.  It  is  no 
torious  that  both  South  Carolina  and  Georgia, 
which,  with  the  States  carved  out  their  origi 
nal  territory — Alabama  and  Mississippi — con 
stitute  the  chief  seat  of  the  conspiracy — hesi 
tated  to  become  parties  to  the  Union,  and 
stipulated  expressly  for  the  recognition  of  the 
slave-trade  in  the  Federal  Constitution  as  an 
indispensable  condition.  In  the  Convention, 
Mr.  Rutledge,  of  South  Carolina,  while  oppos 
ing  a  tax  on  the  importation  of  slaves,  said : 
"  The  true  question  at  present  is,  whether 
Southern  States  shall  or  shall  not  be  parties  to 
the  Union."  Mr.  Pinckney,  also  of  South  Caro 
lina,  followed  with  the  unblushing  declaration  : 
"  South  Carolina  can  never  receive  the  plan  [of 
the  Constitution]  if  it  prohibits  the  slave- 
trade"  I  quote  now  from  Mr.  Madison's 
authentic  report  of  these  important  debates. 
(See  Elliot's  Debates,  vol.  v.,  p.  457.)  With 
shame  let  it  be  confessed,  that,  instead  of  repel 
ling  this  disgraceful  overture,  our  fathers  sub 
mitted  to  it,  and  in  that  submission  you  will 
find  the  beginning  of  our  present  sorrows.  The 
slave-trade,  whose  aggregate  iniquity  no  tongue 
can  tell,  was  placed  for  twenty  years  under  the 


REBELLION  RECORD     1860-61. 


safeguard  of  the  Constitution,  thus  giving  to 
slavery  itself  increase,  support,  and  sanction. 
The  language  was  modest,  but  the  intent  was 
complete.  South  Carolina  and  Georgia  were 
pacitied,  and  took  their  places  in  the  Union,  to 
which  they  were  openly  bound  only  by  a  most 
revolting  tie.  Regrets  for  tbe  past  are  not  en 
tirely  useless,  if  out  of  them  we  get  wisdom 
for  the  future,  and  learn  to  be  bravo.  It  is 
easy  now  to  see  that,  had  the  unnatural  pre 
tension  of  these  States  been  originally  encoun 
tered  by  a  stern  resistance  worthy  of  an  honest 
people,  the  present  conspiracy  would  have  been 
crushed  before  it  saw  the  light.  Its  whole  suc 
cess,  from  its  distant  beginning  down  to  this 
hour,  has  been  from  our  timidity. 

But  there  was  also  another  sentiment,  of  a 
kindred  perversity,  which  prevailed  in  the  same 
quarter.  This  is  vividly  portrayed  by  John 
Adams,  in  a  letter  to  General  Gates,  dated  at 
Philadelphia,  23d  March,  1776  : 

"  However,  my  dear  friend  Gates,  all  our  misfor 
tunes  arise  from  a  single  source  :  the  resistance  of  the 
Southern  colonies  to  Republican  Government."  * 
*  *  (John  Adams'  Works,  vol.  i.,  p.  207.) 

And  he  proceeds  to  declare  in  strong  lan 
guage  that  "  popular  principles  and  axioms 
were  abhorrent  to  the  inclinations  of  the  barons 
of  the  South."  This  letter  was  written  in  the 
early  days  of  the  Revolution.  At  a  later  period 
of  his  life  John  Adams  testifies  again  to  the 
discord  between  the  North  and  the  South  ;  and 
he  refers  particularly  to  the  period  after  the 
Federal  Constitution,  saying :  "  The  Northern 
and  the  Southern  States  were  invariably  fixed 
in  opposition  to  each  other."  (See  letter  to 
James  Lloyd,  llth  Feb.,  1815,  John  Adams' 
Works,  vol.  x.,  p.  19.)  This  was  before  any 
question  of  tariff,  or  of  free  trade,  or  before  the 
growing  fortunes  of  the  North  had  awakened 
Southern  jealousy.  The  whole  opposition  had 
its  root  in  slavery — as  also  had  the  earlier  re 
sistance  to  Republican  Government. 

In  the  face  of  these  influences  the  Union 
was  formed,  but  the  seeds  of  conspiracy  were 
latent  in  its  bosom.  The  spirit  already  revealed 
was  scarcely  silenced ;  it  was  not  destroyed. 
It  still  existed,  rankling,  festering,  burning  to 
make  itself  manifest.  At  the  mention  of  sla 
very  it  always  appeared  full-armed,  with  bar 
barous  pretensions.  Even  in  the  first  Congress 
under  the  Constitution — at  the  presentation  of 
that  famous  petition  where  Benjamin  Franklin 
simply  called  upon  Congress  to  step  to  the  verge 
of  its  powers  to  discourage  every  species  of 
traffic  in  our  fellow-men — this  spirit  broke 
forth  in  violent  threats.  With  a  kindred  law 
lessness  it  early  embraced  that  extravagant 
dogma  of  State  rights  which  has  been  ever 
since  the  convenient  cloak  of  treason  and  of 
conspiracy.  At  the  Missouri  question  in  1820, 
it  openly  menaced  a  dissolution  of  the  Union. 
Instead  of  throttling  the  monster,  we  submitted 
to  feed  it  with  new  concessions.  Meanwhile 
the  conspiracy  grew,  until,  at  last,  in  A830, 


under  the  influence  of  Mr.  Calhoun,  it  assumed 
the  defiant  front  of  nullification  ;  nor  did  it 
yield  to  the  irresistible  logic  of  Webster  or  the 
stern  will  of  Jackson  without  a  compromise. 
The  pretended  ground  of  complaint  was  the 
tariff;  but  Andrew  Jackson,  himself  a  patriot 
slaveholder — at  that  time  President — saw  the 
hollow.uess  of  the  complaint.  In  a  confidential 
j  letter,  which  has  only  recently  been  brought  to 
light,  dated  at  Washington,  1st  May,  1833— and 
which,  during  the  last  winter,  I  had  the  honor 
of  reading  and  holding  up  before  the  conspira 
tors  of  the  Senate,  in  the  original  autograph, 
he  says : 

"  The  tariff  was  only  the  pretext,  and  disunion  and 
a  Southern  Confederacy  the  real  object.  The  next 
pretext  will  be  the  negro  or  slavery  question," 

Jackson  was  undoubtedly  right ;  but  the 
pretext  which  he  denounced  in  advance  was 
employed  so  constantly  afterwards  as  to  become 
threadbare.  At  the  earliest  presentation  of 
abolition  petitions — at  the  Texas  question — at 
the  compromises  of  1850 — at  the  Kansas  ques 
tion — at  the  probable  election  of  Fremont— on 
all  these  occasions,  the  Union  was  threatened 
by  the  angry  slave-masters. 

But  the  conspiracy  has  been  unLlushingly 
confessed  by  recent  parties  to  it.  Especially 
was  this  done  in  the  rebel  Convention  of  South 
Carolina. 

Mr.  Packer  said  :  "  Secession  is  no  spasmodic 
effort  tjiat  has  come  suddenly  upon  us.  It  has 
been  gradually  culminating  for  a  long  series  of 
years.'1'1 

Mr.  Inglis  said :  "  Most  of  us  have  had  thii 
subject  under  consideration  for  tlie  last  twenty 
years." 

Mr.  Keitt  said :  "  I  have  been  engaged  in 
this  movement  ever  since  I  entered  political 
life." 

Mr.  Rhett,  -who  was  in  the  Senate  when  I 
first  entered  that  body,  and  did  not  hesitate 
then  to  avow  himself  a  Disunionist,  said,  in 
the  same  Convention  :  "  It  is  nothing  produced 
by  Mr.  Lincoln's  election  or  the  non-execution 
of  the  fugitive  slave  law.  It  is  a  matter  which 
has  been  gathering  head  for  thirty  years." 

The  conspiracy  thus  exposed  by  Jackson 
and  confessed  by  recent  parties  to  it,  was 
quickened  by  the  growing  passion  for  slavery 
throughout  the  slave  States.  The  well-known 
opinions  of  the  fathers,  the  declared  convictions 
of  all  who  were  most  eminent  at  the  foundation 
of  the  Government,  and  the  example  of  Wash 
ington  were  all  discarded,  and  it  was  reckless 
ly  avowed  that  slavery  is  a  divine  institution — 
the  highest  type  of  civilization — a  blessing  to 
master  and  slave  alike — and  the  very  key-stone 
of  our  national  arch.  A  generation  has  grown. 
up  with  this  teaching,  so  that  it  is  now  ready 
to  say  with  Satan, 

Evil  be  thou  my  good  ;  by  thee  at  least 
Divided  empire  with  heaven's  kins?  1  bold  ;.fc 
As  man  ero  long  and  this  new  world  shall  know. 

It  is  natural  that  a  people  thus  trained  should 


DOCUMENTS. 


45 


listen  to  the  voice  of  conspiracy.  Shivery  it 
self  is  a  constant  conspiracy,  and  its  supporters, 
whether  in  the  slave  States  or  elsewhere,  easily 
"become  indifferent  to  all  rights  and  principles 
by  which  it  may  be  constrained. 

But  this  rage  for  slavery  was  itself  quick 
ened  by  two  influences,  which  have  shown 
themselves  since  the  formation  of  our  Union  ; — 
one  economical  and  the  other  political.  The 
first  was  found  in  the  unexpected  importance 
of  the  cotton-crop,  which,  through  the  labor  of 
slaves  and  the  genius  of  a  New  England  inven 
tor,  has  passed  into  an  extraordinary  element 
of  wealth  and  of  imagined  strength,  so  that  we 
have  all  been  summoned  to  do  homage  to  cot 
ton  as  king.  The  second  of  these  influences 
was  found  in  the  temptations  of  political  power 
— than  which  no  influence  is  more  potent — for 
it  became  obvious  that  this  power  could  be 
assured  to  slavery  only  through  the  permanent 
preponderance  of  its  Representatives  in  the 
Senate ;  so  that  the  continued  control  of  all 
offices  and  honors  was  made  to  depend  upon 
the  extension  of  slavery.  Thus,  through  two 
strong  appetites — one  for  gain  and  the  other 
for  power — was  slavery  stimulated;  but  the 
conspiracy  was  strong  only  through  slavery. 

But  even  this  conspiracy,  thus  supported 
and  nurtured,  would  have  been  more  wicked 
than  strong,  if  it  had  not  found  perfidious  aid 
in  the  very  cabinet  of  the  President.  The 
Secretary  of  the  Treasury,  a  slave-master  from 
Georgia  ;  the  Secretary  of  the  Interior,  a  slave- 
master  from  Mississippi ;  the  Secretary  of  War, 
the  notorious  Floyd,  a  slave-master  from  Vir 
ginia  ;  and,  I  fear,  also  the  Secretary  of  the 
Navy,  who  was  a  Northern  man  with  Southern 
principles,  lent  their  active  exertions.  Through 
these  eminent  functionaries  the  treason  was 
organized  and  directed,  while  their  important 
posts  were  prostituted  to  its  infamy.  Here, 
again,  you  see  the  extent  of  the  conspiracy. 
Never  before,  in  any  country,  was  there  a  simi 
lar  crime,  which  embraced  so  many  persons  in 
the  highest  places  of  power,  or  which  took 
within  its  grasp  so  large  a  theatre  of  human 
action.  In  anticipation  of  the  election  of  Mr. 
Lincoln,  the  Cabinet  conspirators  had  prepared 
the  way  for  the  rebellion : 

First.  The  army  of  the  United  States  was 
so  far  dispersed  and  exiled,  that  the  corn- 
mander-in-chief  found  it  difficult  during  the 
recent  anxious  winter  to  bring  together  a 
thousand  troops  for  the  defence  of  the  national 
capital,  menaced  by  the  conspirators. 

Secondly.  The  navy  was  so  far  dispersed 
or  dismantled,  that  on  the  4th  March,  when 
the  new  Administration  came  into  power, 
there  were  no  ships  to  enforce  the  laws,  collect 
the  revenues,  or  protect  the  national  property 
in  the  rebel  ports.  Out  of  72  vessels  of  war, 
then  counted  as  our  navy,  it  appears  that  our 
whole  available  force  at  home  was  reduced  to 
the  steamer  Brooklyn,  carrying  25  guns,  and  the 
store-ship  Relief,  carrying  2  guns. 

Thirdly.  The  forts  on  the  extensive  South- 
SCP.  Doc.  4 


ern  coast  were  so  far  abandoned  by  the  public 
force,  that  the  larger  part — counting  upwards 
of  1,200  cannons,  and  built  at  a  cost  of  upwards 
of  six  million  dollars — became  at  once  an  easy 
prey  to  the  rebels. 

Fourthly.  National  arms  were  transferred 
from  Northern  to  Southern  arsenals,  so  as  to 
disarm  the  free  States  and  to  equip  the  slave 
States.  This  was  done  on  a  large  scale.  Up 
wards  of  115,000  arms,  of  the  latest  and  most 
approved  pattern,  were  transferred  from  the 
Springfield  and  Watervliet  arsenals  to  differ 
ent  arsenals  in  the  slave  States,  where  they 
have  been  seized  by  the  rebels.  And  a  quar 
ter  of  a  million  percussion  muskets  were  sold 
to  various  slave  States  for  $2.50  a  musket, 
when  they  were  worth,  it  is  said,  on  an  av 
erage,  $12.  Large  quantities  of  cannon,  mor 
tars,  powder,  ball,  and  shell  received  the  same 
direction. 

Fifthly.  The  national  Treasury,  which  so 
recently  had  been  prosperous  beyond  example, 
was  disorganized  and  plundered  even  to  the 
verge  of  bankruptcy.  Upwards  of  six  millions 
are  supposed  to  have  been  stolen,  and  much  of 
this  treasure  doubtless  went  to  help  the  work 
of  rebellion. 

Thus,  even  before  its  outbreak,  the  conspir 
acy  contrived  to  degrade  arid  despoil  the  Gov 
ernment,  so  as  to  secure  a  free  course  for  the 
projected  rebellion.  The  story  seems  incred 
ible.  But  it  was  not  enough  to  disperse  the 
army,  to  disperse  the  navy,  to  abandon  forts, 
to  disarm  the  free  States,  and  to  rob  the  Treas 
ury.  The  President  of  the  United  States,  sol 
emnly  sworn  to  execute  the  laws,  was  won  into 
a  system  of  inactivity  amounting  to  a  practical 
abdication  of  his  important  trust.  He  saw 
treason  plotting  to  stab  at  the  heart  of  his 
country ;  he  saw  conspiracy,  daily,  hourly, 
putting  on  the  harness  of  rebellion,  but, 
though  warned  by  the  watchful  commander- 
in-chief,  he  did  nothing  to  arrest  it,  standing 
always 

like  a  painted  Jove, 

With  idle  thunder  in  his  lifted  Land. 

Aye,  more ;  instead  of  those  instant  lightnings 
smiting  and  blasting  in  their  fiery  crash,  which 
an  indignant  patriotism  would  have  hurled  at 
the  criminals,  he  nodded  sympathy  and  acquies 
cence.  No  page  of  history  is  more  melancholy, 
because  nowhere  do  we  find  a  ruler  who  so 
completely  abandoned  his  country  ;  not  Charles 
I.  in  his  tyranny,  not  Louis  XVI.  in  his  weakness. 
Mr.  Buchanan  had  been  advanced  to  power 
by  slave-masters,  who  knew  well  that  he  could 
be  used  for  slavery.  The  slave-holding  con 
spirators  were  encouraged  to  sit  in  his  Cabinet, 
where  they  doubly  betrayed  their  country, 
first  by  evil  counsels,  and  then  by  disclosing 
what  passed  to  their  distant  slave-holding  con 
federates.  The  sudden  act  of  Major  Ander 
son,  in  removing  from  Fort  Moultrie  to  Fort 
Sumter,  and  the  sympathetic  response  of  an 
aroused  people,  compelled  a  change  of  policy, 
and  the  rebellion  received  its  first  check.  It 


46 


REBELLION  RECORD,    1860-61. 


-was  decided  at  last,  after  a  painful  struggle, 
that  Fort  Sumter  should  be  maintained.  It 
is  difficult  to  exaggerate  the  importance  of 
that  decision,  which,  I  believe,  was  duo  mainly 
io  an  emient  democrat— General  Cass.  This, 
at  least,  is  true  :  it  saved  the  national  capital. 

Meanwhile  the  conspiracy  increased    iu  ac-  i 
tivity,  mastering  State  after  State,  gathering) 
its  forces  and  building  itc  batteries.     The  time  - 
had  come  for  the  tragedy  to  begin.     "  At  Not- 1 
hingham,"   says  the  great  English   historian,  ! 
speaking  of  King  Charles  I.,  "  he  erected  his  ! 
royal  standard,  the  open  signal  of  discord  and  j 
civil  war  throughout  the  kingdom."    The  same  j 
open  signal  now  came  from  Charleston,  when 
tho  conspirators  ran  up  the  rattle-snake  flag, 
and  directed  their  wicked  cannonade  upon  the 
small,  half-famished  garrison  of  Sumter. 

Were  all  this  done  in  the  name  of  revolu 
tion,  or  by  virtue  of  any  revolutionary  princi 
ple,  it  would  assume  a  familiar  character.  But 
this  is  not  tho  case,  It  is  all  done  under  the 
pretence  of  constitutional  right.  The  forms 
of  the  Constitution  are  seized  by  the  conspira 
tors — as  they  have  already  seized  every  thing 
else — and  wrested  to  the  purposes  of  treason. 
It  is  audaciously  declared  that,  under  the  exist 
ing  Constitution,  each  State,  in  the  exercise  of 
its  own  discretion,  may  withdraw  from  the 
Union ;  and  this  asserted  right  of  secession  is 
invoked  as  the  cover  for  a  rebellion  begun  in 
conspiracy.  The  election  of  Mr.  Lincoln  is 
made  the  occasion  for  the  exercise  of  this  pre 
tended  right.  Certain  opinions  at  the  North 
on  the  subject  of  slavery  are  made  the  pretext. 

"Who  will  not  deny  that  this  election  can  be 
a  just  occasion  f 

Who  will  not  condemn  the  pretext  f 

But  both  occasion  and  pretext  are  determined 
by  slavery,  and  thus  testify  to  the  part  it  has 
constantly  performed. 

And  the  pretended  right  of  secession  is  not 
less  monstrous  than  the  pretext  or  the  occa 
sion  ;  and  this,  too,  testifies  to  slavery.  It 
belongs  to  that  brood  of  assumptions  and  per 
versions,  of  which  slavery  is  the  prolific 
parent.  Wherever  slavery  prevails,  this  pre 
tended  right  is  recognized,  and  generally  with 
an  intensity  proportioned  to  the  prevalence  of 
slavery ;  a*,  for  instance,  in  South  Carolina 
and  Mississippi,  more  intensely  than  in  Ten 
nessee  and  Kentucky.  It  may  be  considered 
a  fixed  part  of  the  slave-holding  system.  A 
pretended  right  to  set  aside  the  Constitution 
to  the  extent  of  breaking  up  the  Government, 
is  the  natural  companion  of  the  pretended 
right  to  set  aside  human  nature  to  the  extent 
of  making  merchandise  of  men.  They  form 
a  well-matched  couple,  and  travel  well  together 
— destined  to  perish  together.  If  we  do  not 
overflow  toward  the  first  with  the  same  indig 
nation  which  we  feel  for  the  latter,  it  is  because 
its  absurdity  awakens  our  contempt.  An 
English  poet  of  the  last  century  exclaims,  in 
mocking  verses — 


Crowned  be  the  man  with  lasting  praise, 

Who  first  contrived  the  pin, 
To  loose  in  ad  horses  from  the  chaise, 

And  save  the  necks  within. 

But  this  is  the  impossible  contrivance  which 
has  been  attempted.  Nothing  is  clearer  than 
that  this  pretension,  if  acknowledged,  leaves  to 
every  State  the  right  to  play  at  will  "  the  mad 
horse,"  but  with  very  little  chance  of  saving 
any  thing.  It  takes  from  the  Government  not 
merely  the  unity,  but  even  the  possibility  of 
continued  existence,  and  reduces  it  to  the 
shadow  of  a  nam^,  or,  at  best,  a  mere  tenancy 
at  will — an  unsubstantial  form,  liable  to  be  de 
composed  at  the  touch  of  a  single  State.  Of 
course,  such  an  anarchical  pretension— so  in 
stinct  with  all  the  lawlessness  of  slavery — must 
be  encountered  peremptorily.  It  is  not  enough 
to  declare  our  dissent  from  it.  We  must  see 
that  our  conduct  is  such  as  not  to  give  it  any 
recognition  or  foothold.  [Applause.] 

But  instead  of  scouting  this  pretension,  and 
utterly  spurning  it  from  the  Government,  new- 
concessions  to  slavery  were  gravely  propound 
ed  as  the  means  of  pacification — like  a  new 
sacrifice  offered  to  an  obscene  divinity.  It 
was  argued  that  in  this  way  the  Border  States 
at  least  might  be  preserved  to  the  Union,  and 
some  of  the  Cotton  States,  perhaps,  be  won 
back  to  their  duty;  in  other  words,  that  in 
consideration  of  such  concessions  these  States 
would  consent  to  waive  the  present  exercise  of 
the  pretended  right  of  secession.  Against  all 
such  propositions — without  considering  their 
character — there  was  on  the  threshold  one  ob 
vious  and  imperative  objection.  It  was  clear 
that  the  very  bargain  or  understanding,  wheth 
er  express  or  implied,  was  a  recognition  of 
this  pretended  right,  and  that  u  State  yielding 
only  to  this  appeal  and  detained  through  con 
cessions,  practically  asserts  this  claim,  and 
holds  it  for  future  exercise,  tanqnam  glaaium 
in  vagina.  Thus  a  concession  called  small  be 
comes  infinite,  for  it  concedes  the  pretended 
right  of  secession  and  makes  the  permanence 
of  the  national  Government  impossible.  Amidst 
all  the  grave  responsibilities  of  the  hour  it  be 
longs  to  us  to  take  care  that  the  life  of  the  Re 
public  is  sacredly  preserved.  But  this  would 
be  sacrificed  at  once,  did  we  submit  its  ex 
istence  to  the  conditions  sought  to  be  im 
posed. 

But  looking  at  the  concessions  proposed,  I 
have  always  found  them  utterly  unreasonable 
and  indefensible.  I  should  not  expose  them 
now,  if  they  did  not  constantly  testify  to  the 
origin  and  main-spring  of  this  rebellion.  Sla 
very  was  always  the  single  subject-matter,  and 
nothing  else.  Slavery  was  not  only  an  in 
tegral  part  of  every  concession,  but  the  single 
integer.  The  single  idea  was  to  give  some 
new  security — in  some  form — to  slavery.  That 
brilliant  statesman,  Mr.  Canning,  in  one  of 
those  eloquent  speeches  which  charm  so  much 
by  the  style,  said  that  he  was  "tired  of  being 
a  security  -grinder,"  but  his  experience  was  not 


DOCUMENTS. 


47 


comparable  to  ours.  "Security-grinding,"  in 
the  name  of  slavery,  has  been  for  years  the 
way  in  which  we  have  encountered  this  con 
spiracy.  [Laughter  and  applause.} 

The  propositions  at  the  last  Congress  began 
with  the  President's  Message,  which  in  itself 
was  one  long  concession.  You  do  not  forget 
his  sympathetic  portraiture  of  the  disaffection 
throughout  the  Slave  States,  or  his  testimony 
to  the  cause.  Notoriously  and  shamefully  his 
heart  was  with  the  conspirators,  and  he  knew 
intimately  the  main-spring  of  their  conduct. 
He  proposed  nothing  short  of  a  general  sur 
render  to  slavery,  and  thus  did  he  proclaim 
slavery  as  the  head  and  front — the  very  causa 
causam — of  the  whole  crime. 

You  have  not  forgotten  the  Peace  Confer 
ence — as  it  was  delusively  styled — convened 
at  Washington  on  the  summons  of  Virginia, 
with  John  Tyler  in  the  chair,  where  New 
York  as  well  as  Massachusetts  was  represented 
by  some  of  her  ablest  and  most  honored  citi 
zens.  The  sessions  were  with  closed  doors; 
but  it  is  now  known  that  throughout  the  pro 
ceedings,  lasting  for  weeks,  nothing  was  dis 
cussed  but  slavery.  And  the  propositions 
finally  adopted  by  the  Convention  were  con 
fined  to  slavery.  Forbearing  all  details,  it  will 
be  enough  to  say  that  they  undertook  to  give 
to  slavery  positive  protection  in  the  Constitu 
tion,  with  new  sanction  and  immunity — mak 
ing  it,  notwithstanding  the  determination  of 
our  fathers,  national  instead  of  sectional ;  and 
even  more  than  this,  making  it  one  of  the 
essential  and  permanent  parts  of  our  repub 
lican  system.  But  slavery  is  sometimes  as  de 
ceptive  as  at  other  times  it  is  bold  ;  and  these 
propositions  were  still  further  offensive  from 
their  studied  uncertainty,  amounting  to  posi 
tive  duplicity.  At  a  moment  when  frankness 
was  needed  above  all  things,  we  were  treated 
to  phrases  pregnant  with  doubts  and  contro- 
Tersies,  and  were  gravely  asked,  in  the  name 
of  slavery,  to  embody  them  in  the  Constitu 
tion. 

There  was  another  string  of  propositions 
much  discussed  during  the  last  winter,  which 
bore  the  name  of  the  venerable  Senator  from 
whom  they  came — Mr.  Crittenden,  of  Ken 
tucky.  These  also  related  to  slavery  and  noth 
ing  else.  They  were  more  obnoxious  even 
than  those  from  the  Peace  Conference.  And 
yet  there  were  petitioners  from  the  North — 
and  even  from  Massachusetts — who  prayed  for 
this  great  surrender  to  slavery.  Considering 
the  character  of  these  propositions — that  they 
sought  to  change  the  Constitution  in  a  manner 
revolting  to  the  moral  sense;  to  foist  into 
the  Constitution  the  idea  of  property  in  man  ; 
to  protect  slavery  in  all  present  territory  south 
of  36°  30',  and  to  carry  it  into  all  territory  here 
after  acquired  south  of  that  line,  and  thus  to 
make  our  beautiful  Stars  and  Stripes  in  their 
southern  march  the  flag  of  slavery ;  consider 
ing  that  they  further  sought  to  give  new  con 
stitutional  securities  to  slavery  in  the  national 


capital  and  in  other  places  within  the  exclu 
sive  Federal  jurisdiction  ;  that  they  sought  to 
give  new  constitutional  securities  to  the  tran 
sit  of  slaves  from  State  to  State,  opening  the 
way  to  a  roll-call  of  slaves  at  the  foot  of  Bun 
ker  Hill  or  the  gates  of  Faneuil  Hall ;  and  that 
they  also  sought  the  disfranchisement  of  more 
than  10,000  of  my  fellow- citizens  in  Massachu 
setts,  whose  rights  are  fixed  by  the  Constitu 
tion  of  that  Commonwealth,  drawn  by  John 
Adams ;  considering  these  things,  I  felt  at  the 
time,  and  I  still  feel,  that  the  best  apology  of 
these  petitioners  was  that  they  were  ignorant 
of  the  true  character  of  these  propositions,  and 
that  in  signing  the  petition  they  knew  not 
what  they  did.  But  even  in  their  ignorance 
they  testified  to  slavery,  while  the  propositions 
were  the  familiar  voice  of  slavery  crying, 
"  Give,  give." 

There  was  another  single  proposition  which 
came  from  still  another  quarter,  but  like  all 
the  others,  it  related  exclusively  to  slavery. 
It  was  to  insert  in  the  text  of  the  Constitution 
a  stipulation  against  any  future  amendment  by 
which  Congress  might  be  authorized  to  inter 
fere  with  slavery  in  the  States.  If  you  read 
this  proposition  you  will  find  it  crude  and  ill- 
shaped — a  jargon  of  bad  grammar — a  jumble 
and  hodge-podge  of  words — calculated  to  har 
monize  poorly  with  the  accurate  text  of  our 
Constitution.  But  even  if  tolerable  in  form,  it 
was  obnoxious,  like  the  rest,  as  a  fresh  stipula 
tion  in  favor  of  slavery.  Sufficient  surely  in 
this  respect  is  the  actual  Constitution.  Beyond 
this  I  cannot,  I  will  not,  go.  What  Washing 
ton,  Franklin,  and  Jay  would  not  insert  we 
cannot  err  in  rejecting.  [Applause.] 

I  do  not  dwell  on  other  propositions,  because 
they  attracted  less  attention ;  and  yet  among 
these  was  one  to  overturn  the  glorious  safe 
guards  of  freedom  set  up  in  the  free  States, 
known  as  the  Personal  Liberty  Laws.  Here 
again  was  slavery — with  a  vengeance.  But 
there  is  one  remark  which  I  desire  to  make 
with  regard  to  all  these  propositions.  It  was 
sometimes  said  that  the  concessions  they  of 
fered  to  slavery  were  "  small."  What  a  mis- 
|  take  is  this  !  No  concession  to  slavery  can  be 
"small."  Freedom  is  priceless,  and  in  this 
simple  rule  alike  of  morals  and  jurisprudence, 
you  will  find  the  just  measure  of  any  conces 
sion,  how  small  soever,  by  which  freedom  is 
sacrificed.  Tell  me  not  that  it  concerns  a  few 
only.  I  do  not  forget  the  saying  of  antiquity, 
that  the  best  government  is  where  an  injury 
to  a  single  individual  is  resented  as  an  injury 
to  the  whole  State ;  nor  do  I  forget  that  mem 
orable  instance  of  our  own  recent  history, 
where,  in  a  distant  sea,  the  thunders  of  our 
navy  with  all  the  hazards  of  war  were  aroused 
to  protect  the  liberty  of  a  solitary  person  who 
claimed  the  rights  of  an  American  citizen. 
By  such  examples  let  me  be  guided  rather 
than  by  the  suggestion  that  human  freedom, 
whether  in  many  or  in  few,  is  of  so  little  value 
that  it  may  be  put  in  the  market  to  appease  a 


48 


REBELLION  RECORD,   1860-61. 


traitorous  conspiracy  or  to  soothe  those  who, 
without  such  concession,  threaten  to  join  the 
conspirators. 

But  the  warnings  of  the  past,  like  the  sug 
gestions  of  reason  and  of  conscience,  were  all 
against  concession.  Timid  counsels  have  al 
ways  been  an  encouragement  to  sedition  and 
rebellion.  If  the  glove  be  of  velvet,  the  hand 
must  b0  of  iron.  An  eminent  master  of 
thought,  in  some  of  his  most  vivid  words, 
seems  to  have  spokan  for  us.  Here  they  are  : 

"  To  expect  to  tranquillize  and  benefit  a  country 
by  gratifying  its  agitators,  would  be  like  the  practice 
of  the  superstitious  of  old  with  their  sympathetic 
powder  and  ointments;  who,  instead  of  applying 
medicaments  to  the  wound,  contented  themselves 
with  salving  the  sword  which  had  inflicted  it.  Since 
the  days  of  Dane-gelt  downwards,  nay,  since  the 
world  was  created,  nothing  but  evil  has  resulted  from 
concession  made  to  intimidation." —  Whatelifs  Es 
says  of  Bacon.  Essay  15,  p.  134. 

These  words  are  most  applicable  to  these 
times,  when  it  has  been  so  often  proposed  to 
salve  the  sword  of  secession. 

In  the  same  spirit  spoke  the  most  eminent 
practical  statesman  in  English  history,  Mr. 
Fox.  Here  are  his  words  : 

"  To  humor  the  present  disposition  and  temporize, 
is  a  certain,  absolutely  certain  confirmation  of  the 
evil.  No  nation  ever  did  or  ever  can  recover  from 
slavery  by  such  methods." — Charles  James  Fox, 
Letter  to  Lord  Holland,  IStk  June,  1804. 

Pardon  me  if  I  express  a  regret,  profound 
and  heartfelt,  that  the  pretensions  of  slavery, 
whether  in  its  claim  of  privilege  or  in  its  doc 
trine  of  secession,  were  not  always  encountered 
boldly  and  austerely.  Alas !  it  is  ourselves 
that  have  encouraged  the  conspiracy  and  made 
it  strong.  Secession  has  become  possible  only 
through  long-continued  concession.  In  pro 
posing  concession  we  have  encouraged  seces 
sion,  and  while  professing  to  uphold  the  Union, 
we  have  betrayed  it.  It  seems  now  beyond 
question  that  the  concessionists  of  the  North 
have  from  the  beginning  played  into  the  hands 
of  the  secessionists  of  the  South.  I  do  riot 
speak  in  haivlmess  or  even  in  criticism,  but 
simply  according  to  my  duty  in  unfolding  his 
torically  the  agencies,  conscious  and  uncon 
scious,  which  have  been  at  work,  while  I  hold 
them  up  as  a  warning  for  the  future.  They 
all  testify  to  slavery,  which  from  the  earliest 
days  has  been  at  the  bottom  of  the  conspiracy 
and  also  at  every  stage  of  the  efforts  to  arrest 
it.  It  was  slavery  which  fired  the  conspira 
tors,  and  slavery  also  which  entered  into  every 
proposition  of  compromise.  Secession  and  con 
cession  both  had  their  root  in  slavery. 

And  now  after  this  review,  I  am  brought 
again  to  the  significance  of  that  Presidential 
election  with  which  I  began.  The  slave-mas 
ters  entered  into  that  election  with  Mr  Breck- 
inridge  as  their  candidate,  and  their  platform 
claimed  constitutional  protection  for  slavery 
in  all  Territories,  whether  now  belonging  to 


the  Republic  or  hereafter  acquired.  This  con 
cession  was  the  ultimatum  on  which  was  staked 
their  continued  loyalty  to  the  Union — as  the 
continuance  of  the  slave-trade  had  been  the 
original  condition  on  which  South  Carolina 
and  Georgia  had  entered  into  the  Union.  And 
the  reason,  though  wicked,  was  obvious.  It 
was  because  without  such  opportunity  of  ex 
pansion  slavery  would  be  stationary,  while  the 
Free  States,  increasing  in  number,  would  ob 
tain  a  fixed  preponderance  in  the  national 
Government,  assuring  to  them  the  political 

I  power.  Thus  at  that  election  the  banner  of 
the  slave-masters  had  for  its  open  device — not 
the  Union  as  it  is,  but  the  extension  and  per- 

j  petuation  of  human  bondage.  The  popular 
vote  was  against  further  concession,  and  the 
conspirators  proceeded  with  their  crime.  The 
occasion  so  long  sought  had  come.  The  pretext 
foreseen  by  Jackson,  was  the  motive  power. 

But  here  mark  well  that,  in  their  whole  con 
duct,  the  conspirators  acted  naturally  under  the 
instincts  implanted  by  slavery;  nay,  they  acted 
logically  even.  Such  is  slavery  that  it  cannot 
exist  unless  where  it  owns  the  government.  An 
injustice  so  plain  can  find  protection  only  from 
a  government  which  is  a  reflection  of  itself. 
Cannibalism  cannot  exist  except  under  a  gov 
ernment  of  cannibals.  Idolatry  cannot  exist 

j  except  under  a  government  of  idolaters.     And 

|  Slavery  cannot  exist  except  under  a  govern 
ment  of  slave-masters.  This  is  positive,  uni 
versal  truth — at  Petersburg,  Constantinople, 
Timbuctoo,  or  "Washington.  The  slave-masters 
of  our  country  saw  that  they  were  dislodged 
from  the  national  Government,  and  straight 
way  they  rebelled.  The  Republic  which  they 
could  no  longer  rule  they  determined  to  ruin. 

But  though  thus  audaciously  wicked,  they 
are  not  strong  in  numbers.  The  whole  quan 
tity  of  slave-owners,  great  and  small,  according 
to  the  recent  census,  is  not  more  than  four 
hundred  thousand  ;  out  of  whom  there  are  not 
more  than  one  hundred  thousand  who  are 
interested  to  any  considerable  extent  in  this 
peculiar  species  of  property  ;  and  yet  this  pet 
ty  oligarchy— itself  controlled  by  a  squad  still 
more  petty — in  a  population  of  many  millions, 
has  aroused  and  organized  this  gigantic  rebel 
lion.  But  this  success  is  explained  by  two 
considerations.  First,  the  asserted  value  of 
the  slaves,  reaching  to  the  enormous  sum  total 
of  two  thousand  millions  of  dollars,  constitutes 
an  overpowering  property  interest — one  of  the 
largest  in  the  world ;  to  which  may  be  added 
the  intensity  and  unity  of  purpose  naturally 
belonging  to  the  representatives  of  such  a  sum 
total,  stimulated  by  the  questionable  character 
of  the  property.  But,  secondly,  it  is  a  phe 
nomenon  attested  by  the  history  of  revolutions, 
that  all  such  movements — at  least  in  their 
early  days — are  controlled  by  minorities.  This 
is  because  a  revolutionary  minority  once  em 
barked,  has  before  it  only  the  single  simple 
path  of  unhesitating  action.  While  others 
doubt  or  hold  back,  the  minority  strikes  and 


DOCUMENTS. 


49 


goes  forward.  Audacity  then  counts  more 
than  numbers,  and  crime  counts  more  than 
virtue.  This  phenomenon  has  been  observed 
before.  "  Often  have  I  reflected  with  awe," 
says  Coleridge,  "  on  the  great  and  dispropor 
tionate  power  which  an  individual  of  no  extra 
ordinary  talents  or  attainments  may  exert  by 
merely  throwing  otf  all  restraint  of  conscience. 
*  *  The  abandonment  of  all  principle  of 
right  enables  the  soul  to  choose  and  act  upon 
a  principle  of  wrong,  and  to  subordinate  to 
this  one  principle  all  the  various  vices  of  hu 
man  nature." — (Coleridge's  Friend,  Essay  16.) 
These  are  remarkable  words.  But  a  French 
writer,  Condorcet,  the  philosopher  of  the 
French  Revolution,  who  sealed  his  principles 
by  his  death,  urged  this  very  phenomenon  for 
a  practical  purpose.  In  a  pamphlet  addressed 
to  the  Parliamentary  Reformers  of  England, 
he  sought  to  enlist  them  in  a  revolutionary 
movement,  and,  by  way  of  encouragement,  he 
boldly  announces  that  "revolutions  must  al 
ways  be  the  work  of  the  minority — that  every 
revolution  has  been  the  work  of  a  minority — 
that  the  French  Revolution  itself  was  accom 
plished  by  the  minority."  And  Brissot  de 
Warville,  another  partaker  and  victim  also  in 
this  great  Revolution,  declared  that  it  was  car 
ried  by  not  more  than  twenty  men.  These 
declarations  were  made  the  subject  of  a  debate 
shortly  afterwards  in  the  British  Parliament, 
where  Sheridan  bore  a  brilliant  part.  They  are 
most  suggestive — even  if  they  do  not  explain 
the  early  success  of  our  conspirators.  The  fu 
ture  historian  will  record  that  the  present  re 
bellion — nowithstanding  its  protracted  origin, 
the  multitudes  it  has  enlisted,  and  its  extensive 
sweep — was  at  last  precipitated  by  fewer  than 
twenty  men ;  Mr.  Everett  says  by  as  few  as 
ten.  It  is  certain  that  thus  far  it  has  been  the 
triumph  of  a  minority ;  but  of  a  minority 
moved,  inspired,  combined,  and  aggrandized 
by  slavery. 

And  now  this  traitorous  minority,  putting 
aside  all  the  lurking,  slimy  devices  of  conspi 
racy,  steps  forth  in  the  full  panoply  of  war. 
Assuming  to  itself  all  the  functions  of  a  gov 
ernment,  it  organizes  States  under  a  common 
head — sends  ambassadors  into  foreign  countries 
— levies  taxes — borrows  money — issues  letters 
of  marque — and  sets  armies  in  the  field  sum 
moned  from  distant  Georgia,  Louisiana,  and 
Texas,  as  well  as  from  nearer  Virginia,  and 
composed  of  the  whole  lawless  population — 
the  poor  who  cannot  own  slaves  as  well  as  the 
rich  who  own  them — throughout  the  extensive 
region  where,with  satanic  grasp,  this  slavehold- 
ing  minority  claims  for  itself 

ample  room  and  verjre  enough 

The  characters  of  bell  to  trace. 

Pardon  the  language  which  I  employ.  The 
words  of  the  poet  do  not  picture  too  strongly 
the  object  proposed.  And  now  these  parricidal 
hosts  stand  arrayed  openly  against  that  pater 
nal  Government  to  which  they  owed  loyalty, 


protection,  and  affection.  Never  in  history 
did  rebellion  assume  such  a  front.  Call  their 
numbers  400,000  or  200,000— what  you  will— 
they  far  surpass  any  armed  forces  ever  before 
marshalled  in  rebellion ;  they  are  among  the 
largest  ever  marshalled  in  war. 

And  all  this  is  in  the  name  of  slavery,  and 
for  the  sake  of  slavery,  and  at  the  bidding  of 
slavery.  The  profligate  favorite  of  the  English 
monarch— the  famous  Duke  of  Buckingham — 
was  not  more  exclusively  supreme — even  ac 
cording  to  those  words  by  which  he  was  ex 
posed  to  the  judgment  of  his  contemporaries — 

Who  rules  the  kingdom  f    The  King. 
"Who  rules  the  King?     The  Duke. 
Who  rules  the  Duke  ?    The  Devil. 

The  prevailing  part  here  attributed  to  the 
royal  favorite  belongs  now  to  slavery,  which 
in  the  rebel  States  is  a  more  than  royal  favor 
ite. 

Who  rules  the  rebel  States  ?    The  President. 
Who  rules  the  PreBident  ?    Slavery. 
Who  rules  Slavery  ?    

The  latter  question  I  need  not  answer.  But 
all  must  see — and  nobody  can  deny — that 
slavery  is  the  ruling  idea  of  this  rebellion.  It 
is  slavery  which  marshals  these  hosts  and 
breathes  into  their  embattled  ranks  its  own 
barbarous  fire.  It  is  slavery  which  stamps  its 
character  alike  upon  officers  and  men.  It  ia 
slavery  which  inspires  all,  from  the  general  to 
the  trumpeter.  It  is  slavery  which  speaks  in 
the  word  of  command  and  which  sounds  in  the 
morning  drum-beat.  It  is  slavery  which  digs 
trenches  and  builds  hostile  forts.  It  is  slavery 
which  pitches  its  white  tents  and  stations  its 
sentries  over  against  the  national  capital.  It 
is  slavery  which  sharpens  the  bayonet  and 
casts  the  bullet ;  which  points  the  cannon  and 
scatters  the  shell,  blazing,  bursting  with  death. 
Wherever  this  rebellion  shows  itself — what 
ever  form  it  takes — whatever  thing  it  does — 
whatever  it  meditates — it  is  moved  by  slavery ; 
nay,  it  is  slavery  itself,  incarnate,  living,  act 
ing,  raging,  robbing,  murdering,  according  to 
the  essential  law  of  its  being.  [Applause.] 

But  this  is  not  all.  The  rebellion  is  not 
only  ruled  by  slavery,  but  owing  to  the  pecu 
liar  condition  of  the  slave  States,  it  is  for  tho 
moment,  according  to  their  boast,  actually  re- 
enforced  by  this  institution.  As  the  fields  of 
the  South  are  cultivated  and  labor  generally 
is  performed  by  slaves,  the  white  freemen  are 
at  liberty  to  play  the  part  of  rebels.  The 
slaves  toil  at  home,  while  the  masters  work  at 
rebellion,  and  thus  by  a  singular  fatality  is  this 
doomed  race  actually  engaged,  without  taking 
up  arms,  in  feeding,  supporting,  succoring,  in 
vigorating  those  who  are  now  battling  for  their 
enslavement.  Full  well  I  know  that  this  is  an 
element  of  strength  only  through  the  indul 
gence  of  our  own  Government;  but  I  speak 
now  of  things  as  they  are ;  and  that  I  may  not 
seem  to  go  too  far,  I  ask  your  attention  to  the 
testimony  of  a  Southern  journal : 


50 


REBELLION  RECORD,    1860-61. 


THE  SLAVES  AS  A  MILITARY  ELEMENT  IN  THE 
SOUTH. — The  total  white  population  of  the  eleven 
States  now  comprising  the  Confederacy,  is  6,000,000, 
and,  therefore,  to  fill  up  the  ranks  of  the  proposed 
army,  (600,000,)  about  ten  per  cent  of  the  entire 
white  population  will  be  required.  In  any  other 
country  than  our  own,  such  a  draft  could  not  be  met, 
but  the  Southern  States  can  furnish  that  number  of 
men  and  still  not  leave  the  material  interests  of  the 
country  in  a  suffering  condition.  Those  who  are  in 
capacitated  for  bearing  arms  can  oversee  the  planta 
tions,  and  the  negroes  can  go  on  undisturbed  in  their 
usual  labor*,  in  the  North  the  case  is  different ; 
the  men  who  join  the  army  of  subjugation  are  the 
laborers,  the  producers,  and  the  factory  operatives. 
Nearly  every  man  from  that  section,  especially,  those 
from  the  rural  districts,  leaves  some  branch  of  indus 
try  to  suffer  during  his  absence.  The  institution  of 
tlavery  in  the  South  alone  enables  her  to  place  in  the 
field  a  force  much  larger  in  proportion  to  her  white 
population  than  the  North,  or  indeed  any  country 
which  is  dependent  entirely  on  free  labor.  The  in- 
Btitution  is  a  tower  of  strength  to  the  South,  particu 
larly  at  the  present  crisis,  and  our  enemies  will  be 
likely  to  find  that  the  "  moral  cancer,"  about  which 
their  orators  are  so  fond  of  prating,  is  really  one  of 
the  most  effective  weapons  employed  against  the  Union 
by  the  South.  Whatever  number  of  men  may  be 
needed  for  this  war,  we  are  confident  our  people 
etand  ready  to  furnish.  We  are  all  enlisted  for  the 
war,  and  there  must  be  no  holding  back  until  the 
independence  of  the  South  is  fully  acknowledged. — 
Montgomery  (Ala.)  Advertiser. 

As  the  rebels  have  already  confessed  the  con 
spiracy  which  led  to  the  rebellion,  so  in  this 
article  do  they  openly  confess  the  main-spring 
of  their  strength.  With  triumphant  vaunt, 
they  declare  slavery  to  be  the  especial  source 
of  their  belligerent  power. 

But  slavery  may  be  seen  not  only  in  what  it 
has  done  for  the  rebellion  of  which  it  is  the 
indisputable  head — the  fountain  and  life — but 
also  in  what  it  has  inflicted  upon  us.  There  is 
not  a  community,  not  a  family,  not  an  indi 
vidual,  man,  woman,  or  child,  who  does  not  feel 
its  heavy,  bloody  hand.  Why  these  mustering 
armies  ?  Why  this  drum-beat  in  your  peaceful 
streets  ?  Why  these  gathering  means  of  war  ? 
Why  these  swelling  taxes  ?  Why  these  unpre 
cedented  loans  ?  Why  this  derangement  of 
business  ?  Why  among  us  the  suspension  of 
the  habeas  corpus,  and  the  prostration  of  all 
safeguards  of  freedom?  Why  this  constant 
solicitude  visible  in  all  your  faces  ?  The  an 
swer  is  clear.  Slavery  is  the  author,  the  agent, 
the  cause.  The  anxious  hours  that  you  pass 
are  darkened  by  slavery.  The  habeas  corpus, 
and  all  those  safeguards  of  freedom  which  you 
deplore  have  been  prostrated  by  slavery.  The 
business  which  you  have  lost  has  been  filched 
by  slavery.  The  millions  of  money  now  amass 
ed  by  patriotic  offerings  are  all  snatched  by 
slavery.  The  taxes  now  wrung  out  of  your 
diminished  means  are  all  consumed  by  slavery. 
And  all  these  gathering  means  of  war — this 
drum-beat  in  your  peaceful  streets — and  these 
mustering  armies — are  on  account  of  slavery 
and  nothing  else.  Do  the  poor  feel  constrained 


to  forego  their  customary  tea,  or  coffee,  or 
sugar,  now  burdened  by  increased  taxation? 
let  them  pledge  themselves  anew  against  the 
criminal  giant  tax-gatherer.  Does  any  com 
munity  mourn  gallant  men,  who,  going  forth 
joyous  and  proud  beneath  their  country's  flag, 
have  been  brought  home  cold  and  stiff,  with  its 
folds  wrapped  about  them  for  a  shroud  ?  Let 
all  who  truly  mourn  the  dead  be  aroused 
against  slavery.  Does  a  mother  drop  tears  for 
a  son  in  the  flower  of  his  days  cut  down  upon 
the  distant  battle-field  which  he  moistens  with 
his  youthful,  generous  blood  ?  Let  her  know 
that  slavery  dealt  the  deadly  blow  which  took 
at  once  his  life  and  her  peace.  [Sensation.] 

But  I  hear  a  voice  saying  that  all  this  pro 
ceeds  not  from  slavery — oh  no  ! — but  from 
anti-slavery ;  that  the  Republicans,  who  hate 
slavery, — that  the  Abolitionists — are  the  au 
thors  of  this  terrible  conflagration.  Surely  you 
may  well  suspect  the  sense  or  loyalty  of  him 
who  puts  forth  this  irrational  and  utterly 
wicked  imputation.  As  well  say  that  the  early 
Christians  were  the  authors  of  the  heathen 
enormities  against  which  they  bore  their  mar 
tyr  testimony,  and  that  the  cross,  the  axe,  the 
gridiron,  and  the  boiling  oil  by  whi<5h  they 
suffered  were  a  part  of  the  Christian  dispensa 
tion.  But  the  early  Christians  were  misrepre 
sented  and  falsely  charged  with  crime,  even  as 
you  are.  The  tyrant  Nero,  after  setting  Rome 
on  fire  and  dancing  at  the  conflagration,  de 
nounced  the  Christians  as  guilty  of  this  wick 
edness.  Here  are  the  authentic  words  of  the 
historian  Tacitus : 

"  So  for  the  quieting  of  this  rumor,  Nero  judicially 
charged  with  the  crime,  and  punished  with  most 
studied  severities,  that  class,  hated  for  their  general 
wickedness,  whom  the  vulgar  call  Christians.  The 
originator  of  that  name  was  one  Christ,  who,  in  the 
reign  of  Tiberius,  suffered  death  by  sentence  of  the 
procurator  Pontius  Pilate.  The  baneful  superstition, 
thereby  repressed  for  the  time,  again  broke  out,  not 
only  over  Judea,  the  native  soil  of  that  mischief,  but 
in  the  city  also,  where  from  every  side  all  atrocious 
and  abominable  things  collect  and  flourish."  (Annul. 
XV.  44.) 

The  writer  of  these  remarkable  words  was 
the  wisest  and  most  penetrating  man  of  his 
generation,  and  he  lived  amidst  the  events 
which  he  describes.  Perhaps  in  listening  to 
him  you  may  find  an  apology  for  those  among 
us  who  heap  upon  contemporaries  a  similar 
obloquy.  The  Abolitionists  need  no  defence 
from  me.  It  is  to  their  praise — destined  to  fill 
an  immortal  page — that  from  the  beginning 
they  saw  the  true  character  of  slavery  and 
warned  their  country  against  its  threatening 
domination.  Through  them  the  fires  of  liberty 
have  been  kept  alive  in  the  United  States — as 
Hume  is  constrained  to  confess  that  these  same 
fires  were  kept  alive  in  England  by  the  Puri 
tans,  whom  this  great  historian  never  praised 
if  he  could  help  it.  And  yet  they  are  charged 
with  this  rebellion.  Can  this  be  serious? 
Even  at  the  beginning  of  the  Republic  the 
seeds  of  the  conspiracy  were  planted,  and  in 


DOCUMENTS, 


1820,  and  then  again  in  1830,  it  showed  itself 
— while  nearly  thirty  years  ago  Jackson  de 
nounced  it,  and  one  of  its  leading  spirits  has 
recently  boasted  that  it  has  been  gathering 
head  for  this  full  time,  thus — not  only  in  its 
distant  embryo,  but  in  its  well-attested  devel 
opment — ante-dating  those  Abolitionists  whose 
prophetic  patriotism  is  now  made  the  apology 
for  the  crime.  As  well,  where  the  prudent 
passenger  has  warned  the  ship's  crew  of  the 
fatal  lee-shore,  arraign  him  for  the  wreck 
which  has  engulfed  all ;  as  well  cry  out  that 
the  philosopher  who  foresees  the  storm  is  re 
sponsible  for  the  desolation  that  ensues,  or  that 
the  astronomer  who  calculates  the  eclipse  is 
the  author  of  the  darkness  which  covers  the 
earth.  [Enthusiastic  applause.] 

And  now,  that  I  may  give  a  practical  char 
acter  to  this  whole  history,  let  me  bring  it 
all  to  bear  upon  our  present  situation  and 
its  duties.  You  have  seen  Slavery  even  be 
fore  the  Federal  Union,  not  only  a  disturbing 
influence,  but  an  actual  bar  to  Union  except 
on  condition  of  surrender  to  its  immoral  be 
hests.  You  have  seen  Slavery  at  all  times  mili 
tant  whenever  any  proposition  was  brought 
forward  with  regard  to  it,  and  more  than  once 
threatening  a  dissolution  of  the  Union.  You 
have  seen  Slavery  for  many  years  the  animating 
principle  of  a  conspiracy  against  the  Union, 
while  it  matured  its  flagitious  plans  and  obtain 
ed  the  mastery  of  Cabinet  and  President.  And 
when  the  conspiracy  had  wickedly  ripened, 
you  have  seen  that  it  was  only  by  concessions 
to  Slavery,  that  it  was  encountered,  as  by  sim 
ilar  concessions  it  had  from  the  beginning  been 
encouraged.  You  now  see  Rebellion  every 
where  throughout  the  Slave  States  elevating  its 
bloody  crest  and  threatening  the  existence  of 
the  National  Government,  and  all  in  the  name 
of  Slavery,  while  it  proposes  to  establish  a  new 
government  whose  corner-stone  shall  be  Sla 
very.  [Hisses,  and  cries  of  Never  !  ] 

Against  this  rebellion  we  wage  war.  It  is 
our  determination,  as  it  is  our  duty,  to  crush 
it;  and  this  will  be  done.  The  region  now 
contested  by  the  rebels  belongs  to  the  United 
States  by  every  tie  of  government  and  of 
right.  Some  of  it  has  been  bought  by  our 
money,  while  all  of  it — with  its  rivers,  harbors, 
and  extensive  coast — has  become  essential  to 
our  business  in  peace  and  to  our  defence  in 
war.  Union  is  a  geographical — economical — 
commercial — political — military — and  if  I  may 
BO  say — even  a  fluvial  necessity.  Without 
union,  peace  on  this  continent  is  impossible ; 
but  life  without  peace  is  impossible  also. 

Only  by  crushing  this  rebellion  can  union 
and  peace  be  restored.  Let  this  "be  seen  in  its 
reality,  and  who  can  hesitate?  If  this  were 
done  instantly — without  further  contest — then 
besides  all  the  countless  advantages  of  every 
kind  obtained  by  such  restoration,  two  especial 
goods  will  be  accomplished — one  political  and 
the  other  moral  as  well  as  political.  First,  the 
pretended  right  of  secession,  with  the  whole 


pestilent  extravagance  of  State  Sovereignty, 
which  has  supplied  the  machinery  for  this  re 
bellion  and  aflbrded  a  delusive  cover  for  treason, 
will  be  trampled  out — never  again  to  disturb 
the  majestic  unity  of  the  republic.  And,  sec 
ondly,  the  unrighteous  attempt  to  organize  a 
new  confederacy  solely  for  the  sake  of  slavery 
and  with  slavery  as  its  corner-stone,  will  be 
overthrown.  These  two  pretensions,  one  so 
shocking  to  our  reason  and  the  other  so  shock 
ing  to  our  moral  nature,  will  disappear  forever. 
And  with  their  disappearance  will  commence  a 
new  epoch,  the  beginning  of  a  grander  period. 
But  if  by  any  accident  the  rebellion  should 
prevail,  then  just  in  proportion  to  its  tri 
umph,  whether  through  concession  on  our 
part,  or  through  successful  force  on  the  other 
part,  will  the  Union  be  impaired  and  peace  be 
impossible.  Therefore,  in  the  name  of  the 
Union  and  for  the  sake  of  peace  are  you  sum 
moned  to  the  work. 

But  how  shall  the  rebellion  be  crushed? 
That  is  the  question.  Men,  money,  munitions 
of  war,  a  well-supplied  commissariat,  means  of 
transportation; — all  these  you  have  in  abun 
dance — in  some  particulars  beyond  the  rebels. 
You  have  too  the  consciousness  of  a  good  cause, 
which  in  itself  is  an  army.  And  yet  thus  far — 
until  within  a  few  days — the  advantage  has  not 
been  on  our  side.  The  explanation  is  easy. 
The  rebels  are  combating  at  home  on  their 
own  soil,  strengthened  and  maddened  by  Sla 
very,  which  is  to  them  an  ally  and  a  fanaticism. 
More  thoroughly  aroused  than  ourselves — more 
terribly  in  earnest — with  every  sinew  vindic 
tively  strained  to  its  most  perfect  work — they 
freely  use  all  the  resources  that  God  and  na 
ture  put  into  their  hands;  raising  against  us, 
not  only  the  whole  white  population,  but 
enlisting  the  war-whoop  of  the  Indians — 
cruising  upon  the  sea  in  pirate  ships  to  despoil 
our  commerce  and,  at  one  swoop,  confiscating 
our  property  to  the  extent  of  hundreds  of  mil 
lions  of  dollars,  while  all  this  time  their  four 
millions  of  slaves  undisturbed  at  home  are  freely 
contributing  by  their  labor  to  sustain  the  war, 
which  without  them  must  soon  expire. 

It  remains  for  us  to  encounter  the  rebellion 
calmly  and  surely  by  a  force  superior  to  its 
own.  But  to  this  end  something  more  will  be 
needed  than  men  or  money.  Our  battalions 
must  be  reenforced  by  ideas,  and  we  must 
strike  directly  at  the  origin  and  main-spring 
of  the  rebellion.  I  do  not  say  now  in  what 
way  or  to  what  extent ;  but  simply  that  we 
must  strike  ;  it  may  be  by  the  system  of  a  Mas 
sachusetts  General— Butler ;  it  may  be  by  that 
of  Fremont,  [here  the  audience  rose  and  gave 
long-continued  cheers;]  or  it  may  be  by  the 
grander  system  of  John  Quincy  Adams.  Rea 
son  and  sentiment  both  concur  in  this  policy, 
which  is  only  according  to  the  most  common 
principles  of  human  conduct.  In  no  way  can  we 
do  so  much  at  so  little  cost.  To  the  enemy  such 
a  blow  will  be  terror ;  to  good  men  it  will  be  an 
encouragement,  and  to  foreign  nations  watching 


52 


REBELLION  RECORD,    1860-61. 


this  contest,  it  will  be  an  earnest  of  something 
beyond  a  mere  carnival  of  battle.  There 
been  the  cry  "  On  to  Richmond,"  and  still  an 
other  worse  cry  "  On  to  England."  Better  than 
either  is  the  cry,  u  On  to  Freedom."  [Tremen 
dous  cheering.]  Let  this  be  heard  in  the  voices 
of  your  soldiers;  aye — let  it  resound  in  the 
purposes  of  the  Government,  and  victory  must 
be  ours.  By  this  sign  conquer. 

It  is  with  no  little  happiness  that  I  now  an 
nounce  that  this  cry  is  at  last  adopted  by  the 
Government.  You  will  find  it  in  the  instruc 
tions  froui  the  Secretary  of  War,  dated  War  De 
partment,  Oct.  14th,  1861,  and  addressed  to  the 
general  commanding  the  forces  which  have  just 
effected  a  successful  landing  in  South  Carolina. 
Here  are  the  important  words : 

"  You  will,  however,  in  general  avail  yourself  of 
the  services  of  any  persons,  whether  fugitives  from 
labor  or  not,  who  may  offer  them  to  the  National 
Government ;  you  will  employ  such  persons  in  such 
services  as  they  may  be  fitted  for,  either  as  ordinary 
employees  or,  if  special  circumstances  seem  to  require 
it,  in  any  other  capacity,  with  such  organization,  in 
squads,  companies  or  otherwise,  as  you  deem  most 
beneficial  to  the  service.  This,  however,  not  to  mean 
a  general  arming  of  them  for  military  service.  You 
will  assure  all  loyal  masters  that  Congress  will  pro 
vide  just  compensation  to  them  for  tue  loss  of  the 
services  of  the  persons  so  employed." 

These  words  have  not  the  positive  form  of  a 
proclamation  ;  but,  analyze  them,  and  you  will 
rind  them  fall  of  meaning.  First,  martial  law 
is  hereby  declared  ;  for  the  powers  committed 
to  the  discretion  of  the  general  are  derived 
from  that  law  and  not  from  the  late  Confis 
cation  Act  of  Congress.  Secondly,  fugitive 
slaves  are  not  to  be  surrendered.  Thirdly,  all 
coming  within  the  camp  are  to  be  treated  as 
freemen.  Fourthly,  they  may  be  employed  in 
such  service  as  they  may  be  fitted  for.  Fifthly, 
in  squads,  companies  or  otherwise,  with  the 
single  limitation  that  this  is  not  to  mean  "  a 
general  arming  of  them  for  military  service/' 
And,  sixthly,  compensation,  through  Congress, 
is  promised  to  loyal  masters ;  saying  nothing 
of  rebel  masters.  All  this  is  little  short  of  a 
Proclamation  of  Emancipation — not  unlike  that 
of  old  Caius  Marius,  when  he  landed  on  the 
coast  of  Etruria,  and,  according  to  Plutarch, 
proclaimed  liberty  to  the  slaves.  As  such  I 
do  not  err  when  I  call  it  the  most  important 
event  of  the  war — the  more  important  because 
it  is  understood  to  have  the  deliberate  sanction 
of  the  President  as  well  as  of  the  Secretary  of 
"War,  and  therefore  marks  the  policy  of  the  Ad 
ministration.  That  this  policy  should  be  first 
applied  to  South  Carolina  is  just.  As  the  great 
rebellion  began  in  this  State,  so  should  the 
great  remedy.  [Applause  and  cheers.] 

Slavery  is  the  inveterate  culprit — the  tran 
scendent  criminal — the  persevering  traitor — the 
arch  rebel — the  open  outlaw.  As  the  less  is 
contained  in  the  greater,  so  the  rebellion  is  all 
contained  in  Slavery.  The  tenderness  which 
you  show  to  Slavery  is,  therefore,  tenderness  to 


the  rebellion  itself.  [Applause.}  The  pious  cau 
tion  with  which  you  avoid  harming  Slavery  is 
like  that  ancient  superstition,  which  made  the 
wolf  sacred  among  the  Romans  and  the  croco 
dile  sacred  among  the  Egyptians ;  nor  shall  I 
hesitate  to  declare  that  every  surrender  of  a 
slave  by  your  soldiers  back  to  bondage  is  an 
offering  of  human  sacrifice — whose  shame  is  too 
great  for  any  army  to  bear.  That  men  should 
still  hesitate  to  strike  at  Slavery  is  only  another 
illustration  of  human  weakness.  The  English 
republicans,  in  their  bloody  contest  with  the 
Crown,  hesitated  for  a  long  time  to  fire  upon  the 
king;  but  under  the  valiant  lead  of  Cromwell, 
surrounded  by  his  well-trained  Ironsides,  they 
banished  all  such  scruple,  and  you  know  well 
the  result.  The  king  was  not  shot,  but  his  head 
was  brought  to  the  block. 

The  duty  which  I  suggest,  if  not  urgent  now,  as 
a  MILITARY  NECESSITY,  in  just  self -defence, 
will  present  itself  constantly  on  other  grounds,  as 
our  armies  advance  in  the  Slave  States  or  land 
on  their  coasts.  If  it  does  not  stare  us  in  the 
face  at  this  moment,  it  is  because  unhappily  we 
are  still  everywhere  on  the  defensive.  As  we 
begin  to  be  successful  it  must  rise  before  us  for 
practical  decision ;  and  you  cannot  avoid  it. 
There  will  be  slaves  in  your  camps  or  within 
your  extended  lines  whose  condition  you  must 
determine.  There  will  be  slaves  also  claimed 
by  rebels,  whose  continued  chattelhood  you 
will  scorn  to  recognize.  The  decision  of  these 
two  cases  will  settle  the  whole  great  question. 
Nor  can  the  rebels  complain.  They  challenge 
our  armies  to  enter  upon  their  territory  in  the 
free  exercise  of  all  the  powers  of  war — accord 
ing  to  which,  as  you  well  know,  all  private  in 
terests  are  subordinated  to  the  public  safety, 
which  for  the  time  becomes  the  supreme  law 
above  all  other  laws  and  above  the  Constitu 
tion  itself.  If  everywhere  under  the  flag  of  the 
Union, — in  its  triumphant  march, — Freedom  19 
substituted  for  Slavery,  this  outrageous  rebel 
lion  will  not  be  the  first  instance  in  history 
where  God  has  turned  the  wickedness  of  man 
into  a  blessing ;  nor  will  the  example  of  Sam 
son  stand  alone  when  he  gathered  honey  out 
of  the  carcass  of  the  dead  and  rotten  lion. 
[Cheers.] 

Pardon  me  if  I  speak  only  in  hints,  and  do 
not  stop  to  argue  or  explain.  Not  now,  at  the 
close  of  an  address,  devoted  to  the  rebellion  in 
its  origin  and  main-spring,  can  I  enter  upon  this 
great  question  of  military  duty  in  its  details. 
There  is  another  place  where  this  discussion  will 
be  open  forme.  [Cheers.}  It  is  enough  now 
if  I  indicate  the  simple  principle  which  will  be 
the  natural  guide  of  all  who  are  really  in  ear 
nest — of  all  whose  desire  to  save  their  country 
is  stronger  than  their  desire  to  save  Slavery. 
You  will  strike  where  the  blow  will  bo  most 
felt ;  nor  will  you  miss  the  precious  opportu 
nity.  The  enemy  is  before  you ;  nay  he  has 
come  out  in  ostentatious  challenge,  and  his  name 
is  Slavery.  You  can  vindicate  the  Union  only 
by  his  prostration.  Slavery  is  the  very  Goliah 


DOCUMENTS. 


53 


of  the  rebellion,  armed  with  a  coat  of  mail, 
with  a  helmet  of  brass  upon  his  head,  greaves 
of  brass  upon  his  legs,  a  target  of  brass  between 
his  shoulders,  and  with  the  staff  of  his  spear  like 
a  weaver's  beam.  But  a  stone  from  a  simple 
sling  will  make  the  giant  fall  upon  his  face  to 
the  earth.  [Prolonged  cheering.} 

Thank  God !  our  Government  is  strong ; 
but  thus  far  all  signs  denote  that  it  is  not 
strong  enough  to  save  the  Union  and  at  the 
same  time  to  save  slavery.  One  or  the  other 
must  suffer ;  and  just  in  proportion  as  you  reach 
forth  to  protect  slavery,  do  you  protect  this 
accursed  rebellion  ;  nay,  you  give  to  it  that 
very  aid  and  comfort,  which  under  our  Consti 
tution  is  treason  itself.  Perversely  and  pitifully 
do  you  postpone  that  sure  period  of  reconcilia 
tion,  not  only  between  the  two  sections — not 
only  between  the  men  of  the  North  and  the 
men  of  the  South,  but,  more  beautiful  still,  be 
tween  the  slave  and  his  master,  without  which 
that  true  tranquillity,  which  we  all  seek,  cannot 
be  permanently  assured  to  our  country.  Be 
lieve  it ;  only  through  such  reconciliation,  un 
der  the  sanction  of  Freedom,  can  you  remove 
all  occasion  of  contention  hereafter;  only  in 
this  way,  can  you  cut  off  the  head  of  this  great 
rebellion,  and  at  the  same  time  extirpate  that 
principle  of  evil,  which,  if  allowed  to  remain, 
must  shoot  forth  in  perpetual  discord,  if  not  in 
other  rebellions;  only  in  this  way  can  you 
command  that  safe  victory — without  which  this 
contest  will  be  vain — which  will  have  among 
its  conquests  Indemnity  for  the  Past  and  Se 
curity  for  the  Future — the  noblest  indemnity 
and  the  strongest  security  ever  won — because 
founded  in  the  redemption  of  a  race.  [Cheers.} 

Full  well  I  know  the  doubts,  cavils,  and  mis 
representations  to  which  this  argument  for  the 
integrity  of  our  Government  is  exposed ;  but  I 
turn  with  confidence  to  the  people.  The  heart 
of  the  people  is  right,  and  all  great  thoughts 
come  from  the  heart.  All  who  hate  Slavery 
and  who  are  true  to  Freedom  will  join  instinct 
ively  in  this  effort,  paying  with  person,  time, 
talent,  purse.  They  are  the  minute  men  of 
this  war — always  ready;  and  yet  more  ready 
just  in  proportion  as  the  war  is  truly  inspired. 
They  at  least  are  sure.  It  only  remains  that 
others  who  do  not  share  in  this  animosity  to 
Slavery — that  merchants  who  study  their  leg- 
ers — that  bankers  who  study  their  discounts — 
and  that  politicans  who  study  success — should 
see  that  only  by  a  prompt  and  united  effort 
against  Slavery  can  this  war  be  brought  to  a 
speedy  and  triumphant  close,  without  which 
merchant,  banker,  and  politician  will  all  suffer 
alike.  Leger,  discount,  and  political  aspiration 
will  be  of  small  value  if  the  war  continues  its 
lava  flood,  shrivelling  and  stifling  every  thing 
but  itself.  Therefore,  under  the  spur  of  self- 
interest,  if  not  under  the  necessities  of  self- 
defence,  we  must  act  together.  Humanity  too 
joins  in  this  appeal.  Blood  enough  has  been 
already  shed — victims  enough  have  been  offered 


at  the  altar — even  if  you  are  willing  to  continue 
to  Slavery  the  tribute  we  are  now  paying  of 
more  than  a  million  of  dollars  a  day. 

Events  too,  under  Providence,  will  be  our 
masters.  For  the  rebels  there  can  be  no  suc 
cess.  Every  road  for  them  leads  to  disaster. 
Defeat  for  them  will  be  bad ;  but  victory 
will  be  worse ;  for  then  will  the  North  be  in 
spired  to  a  sublirner  energy.  The  proposition 
of  emancipation  which  shook  ancient  Athens 
followed  close  upon  the  disaster  at  Cherorioaa  ; 
and  the  statesman  who  moved  it  afterwards 
vindicated  himself  by  saying  that  it  proceed 
ed  not  from  him  but  from  Cheroncea.  The 
Act  of  Congress  punishing  the  rebels  by  giving 
freedom  to  their  slaves  employed  against  us — 
familiarly  known  as  the  Confiscation  Act — 
passed  the  Senate  on  the  morning  after  the 
disaster  at  Manassas.  In  the  providence  of 
God  there  are  no  accidents ;  and  this  seeming 
reverse  thus  helped  the  way  to  the  greatest  vic 
tory  which  can  be  won. 

There  is  a  classical  story  of  a  mighty  hunter, 
whose  life  in  the  Book  of  Fate,  had  been  made 
to  depend  upon  the  preservation  of  a  brand 
which  was  burning  at  his  birth.  The  brand, 
so  full  of  destiny,  was  snatched  from  the  flames 
and  carefully  preserved  by  his  prudent  mother. 
Meanwhile  the  hunter  became  powerful  and 
invulnerable  to  mortal  weapons.  But  at  length 
the  mother,  indignant  at  his  cruelty  to  her  own 
family,  flung  the  brand  upon  the  flames  and  the 
hunter  died.  The  story  of  that  hunter,  so 
powerful  and  invulnerable  to  mortal  weapons, 
is  now  repeated  in  this  rebellion,  and  Slavery 
is  the  fatal  brand.  Let  our  Government, 
which  has  thus  far  preserved  Slavery  with 
maternal  care,  simply  fling  it  upon  the  flames 
which  itself  has  madly  aroused,  and  the  rebel 
lion  will  die  at  once.  [Sensation.] 

Amidst  all  the  perils  which  now  surround  us, 
there  is  one  only  which  I  dread.  It  is  the  peril 
which  comes  from  some  new  surrender  to  Sla 
very — some  fresh  recognition  of  its  power — 
some  present  dalliance  with  its  intolerable  pre 
tensions.  Worse  than  any  defeat  or  even  the 
flight  of  an  army  would  be  such  abandonment 
of  principle.  From  all  such  peril,  good  Lord 
deliver  us !  And  there  is  one  way  of  safety, 
clear  as  sunlight — pleasant  as  the  paths  of 
Peace.  Over  its  broad  and  open  gate  is  written 
simplj,  JUSTICE.  There  is  victory  in  that 
word.  Do  justice,  and  you  will  be  twice- 
blessed  ;  for  so  you  will  subdue  the  rebel  master 
while  you  elevate  the  slave.  Do  justice  frank 
ly,  generously,  nobly,  and  you  will  find  strength 
instead  of  weakness,  while  all  seeming  responsi 
bility  will  disappear  in  obedience  to  God's  ever 
lasting  law.  Do  justice,  though  the  Heavens 
fall ;  but  they  will  not  fall.  Every  act  of  jus 
tice  becomes  a  new  pillar  of  the  Universe,  or  it 
may  be  a  new  link  of  that 

golden  everlasting  chain 

Whose  strong  embrace  holds  heaven  and 
earth  and  main. 


54 


REBELLION  RECORD,  1860-61. 


Doo.  8. 
THE   PORTUGUESE    DECLARATION". 

THE  subjoined  declaration  of  the  Portuguese 
Government  in  the  matter  of  privateering  was 
procured  at  the  instance  of  the  American  Min 
ister,  the  Hon.  J.  E.  Harvey,  and  will  be  found 
entirely  satisfactory  in  both  its  substance  and 
form,  while  the  alacrity  with  which  it  was  is 
sued  by  the  Government  of  Portugal  reflects 
credit  upon  the  efficiency  of  Mr.  Harvey,  and  at 
the  same  time  evinces  the  good  disposition  of 
that  friendly  kingdom. 

It  being  proper,  in  view  of  the  circumstances 
at  present  existing  in  regard  to  the  United 
States  of  America,  to  carry  into  effect  the  prin 
ciples  established  in  the  Declaration  of  Paris 
of  16th  April,  1856,  made  by  the  Representa 
tives  of  the  Powers  that  signed  the  Treaty  of 
Peace  of  30th  March  of  that  year,  to  which 
declaration  my  Government  acceded,  and  like- 
•\vise  for  the  same  reason  to  adopt  other  meas 
ures  which  I  deem  opportune,  I  have  been 
pleased,  after  hearing  the  Council  of  State,  to 
decree  as  follows : 

ARTICLE  I.  In  all  the  ports  and  waters  of  this 
kingdom,  as  well  on  the  continent  and  in  the 
adjacent  islands  as  in  the  ultramarine  provin 
ces,  Portuguese  subjects  and  foreigners  are  pro 
hibited  from  fitting  out  vessels  destined  for  pri 
vateering. 

ARTICLE  II.  In  the  same  ports  and  waters,  refer 
red  to  in  the  preceding  article,  is  in  like  manner 
prohibited  the  entrance  of  privateers  and  of  the 
prizes  made  by  privateers,  or  by  armed  vessels. 
The  cases  of  overruling  necessity,  (force 
maior,)  in  which,  according  to  the  law  of  na 
tions,  hospitality  is  indispensable,  are  excepted 
from  this  regulation,  without  permission,  how 
ever,  being  allowed  in  any  manner  for  the  sale 
of  any  objects  proceeding  from  prizes. 

The  Ministers  and  Secretaries  of  State  in  all 
the  Departments  will  thus  understand  and  cause 
it  to  be  executed. 

KING  ;  Marquez  de  Louie  ;  Alberto  Antonio 
de  Mordes  Carvalho  ;  Visconde  de  Sa  da 
Bandeira ;  Carlos  Bento  da  Silva ;  Theago 
Augusto  Velloso  de  Horta ;  Antonio  Jose 
d'Avila. 

Palace  of  Necessidades,  July  29, 1861. 


Doo.  9. 
SHAMBAUGH'S  ADDRESS. 

ST.  Louis,  Mo.,  January  28, 1862. 

Editor  Rebellion  Record: 

DEAR  SIR  :  Last  fall  the  late  traitorous  Gov 
ernor  of  this  State,  C.  F.  Jackson,  pretended  to 
convene  the  Legislature  at  a  point  more  than 
two  hundred  miles  distant  from  the  seat  of 
Government,  and  the  assembled  body  pretended 
to  dissolve  the  connection  of  Missouri  with  the 
Union,  and  swing  her  off  into  the  Southern 
Confederacy.  The  whole  thing  was  a  stupen 
dous  fraud,  is  everybody  hereabouts  has  all 
along  belie/  A  •,  but  it  is  only  within  a  few  days 


past  that  the  facts  of  the  case  have  come  out 
Mr.  Isaac  N.  Shambaugh,  a  member  of  the 
House  of  Representatives  from  De  Kalb  County, 
who  was  a  secessionist,  (and  still  is,  perhaps,) 
and  was  present  at  the  bogus  Legislature,  has 
published  the  enclosed  address  to  his  constitu 
ents,  which  I  forward  to  you  for  the  "Record" 
as  an  important  historical  document,  illustrating 
the  desperate  means  resorted  to  by  traitors  to 
accomplish  their  nefarious  designs,  and  destroy 
ing  any  vestige  of  claim  that  Missouri  has  taken 
any  step  toward  secession.  Yours  truly, 

C.  D.  DRAKE. 

ADDRESS   OF  I.   N.   SHAMBAUGH. 

To  the  People  of  De  Kail  County  : — Fellow- 
Citizens:  As  your  representative  in  the  Mis 
souri  Legislature,  I  deem  it  my  duty  (unpleas 
ant  as  it  may  be,  in  more  respects  than  one)  to 
lay  before  you  the  prominent  facts  concerning 
the  action  of  the  late  pretended  extraordinary 
session  of  the  General  Assembly,  and  the  pre 
tended  relationship  thereby  established  between 
the  State  of  Missouri  and  the  Government  of 
the  Confederate  States. 

I  am  induced  to  do  this  from  two  considera 
tions  :  In  the  first  place,  I  am  informed  that 
some  of  you  are  dissatisfied  with  what  is  said 
to  have  been  my  course  in  that  body ;  and  in 
the  second  place,  it  is  my  duty,  as  yonr  repre 
sentative,  to  make  known  to  you  the  exact 
facts,  to  the  end  that  you  may  no  longer  labor 
under  any  misimpression  as  to  the  Government 
to  which  you  continue  to  owe  the  same  consti 
tutional  fidelity  that  you  did  when  I  was  elected 
to  represent  you. 

It  is  doubtless  known  to  most  of  you  that  the 
House  of  Representatives  of  our  State  consists 
of  one  hundred  and  thirty-three  members,  and 
the  Senate  of  thirty-three  members,  and  that  in 
order  to  constitute  a  quorum  constitutionally 
competent  to  the  transaction  of  any  business, 
there  must  be  present  at  least  sixty-seven  mem 
bers  of  the  House,  and  seventeen  members  of 
the  Senate.  Instead  of  this,  there  were  present 
at  the  October  session  referred  to  (at  Neosho) 
but  thirty- nine  members  of  the  House  of  Rep 
resentatives,  and  ten  members  of  the  Senate. 
A  few  days  afterward,  when  we  had  adjourned 
to  Cassville,  one  additional  Senator  and  five 
additional  Representatives  made  their  appear 
ance  ;  and  these  being  all  that  were  at  any  time 
present,  it  need  scarcely  be  added  that  all  the 
pretended  legislation  at  either  place  was  a  fraud, 
not  only  upon  the  people  of  the  State,  but  upon 
the  Government  of  the  Confederate  States,  aa 
well  as  the  United  States. 

It  is  trusted  that  these  facts  will  constitute  a 
sufficient  answer,  not  only  to  the  objection 
which  is  urged  against  me  of  having  been  op 
posed  to  holding  a  session  of  the  Legislature  at 
the  time  and  place  alluded  to,  but  also  to  the 
further  objection  that  I  voted  against  the  seces 
sion  ordinance,  the  act  ratifying  the  Constitu 
tion  of  the  Provisional  Government  of  the  Con 
federate  States,  the  bill  appointing  Senators  and 


DOCUMENTS. 


55 


Representatives  to  the  Confederate  Congress, 
and  the  bill  appropriating  ten  millions  of  dol 
lars  for  the  defence  of  the  State.  How  could  ] 
have  done  otherwise  than  to  vote  against  these 
measures,  (being  all  that  I  remember  as  having 
been  passed,)  without  betraying  the  trust  you 
reposed  in  me,  and  bringing  lasting  infamy  and 
dishonor  upon  my  name  ? 

However  much  I  may  have  sympathized  with 
the  Confederate  States,  and  however  ardently  I 
may  have  desired  to  have  Missouri  admitted 
into  the  Union  of  that  Confederacy,  I  could  not 
consent  (nor  did  I)  to  attempt  the  accomplish 
ment  of  that  object  by  so  stupendous  a  fraud, 
and  by  so  blasphemous  a  violation  of  my  oath 
of  fidelity  to  the  Constitution  of  the  State.  I 
trust  I  need  scarcely  add  that  I  have  too  much 
confidence  in  your  upright  patriotism,  and  in 
your  devotion  to  the  principles  of  constitutional 
government,  to  believe  that  you  would  have 
desired  me  to  act  otherwise  than  as  I  have 
acted,  and  am  now  acting. 

It  may,  perhaps,  be  assumed  by  those  who 
are  impugning  my  motives,  and  reflecting  upon 
what  they  charge  as  my  defection  from  the  se 
cession  party,  that  the  record  will  not  sustain 
me  in  the  foregoing  statement  of  the  facts  of 
the  case,  but  that  the  journals  will  show  that 
there  was  a  quorum  of  each  house  present.  To 
this  it  will  be  sufficient  to  reply  that,  although 
the  records  were  purposely  so  "  made  up"  as  to 
conceal  the  real  facts,  an  inspection  of  them  will 
demonstrate  to  the  most  ordinary  sagacity 
(much  less  the  practised  eye  of  the  legislator} 
that  there  was  not  a  constitutional  majority 
present,  at  any  time,  in  either  house  or  at 
either  place. 

I  did  not  examine  the  Senate  record,  but  am 
informed  that  it  was  made  up  in  a  manner  sim 
ilar  to  that  of  the  House,  which  nowhere  gives 
the  names  or  the  number  of  the  members  pres 
ent,  nor  the  names  or  the  members  who  voted 
upon  the  passage  of  any  bill,  but  simply  states 
that  "  the  bill  was  passed,  all  the  members 
present  voting  in  the  affirmative,  except  Mr. 
Shambaugh,  who  voted  in  the  negative."  There 
may  be  slight  variations  from  this  in  some  of 
the  entries,  but  they  are  all  substantially  the 
same.  A  method  so  unusual  of  making  up  a 
record  will  not  of  course  be  permitted  to  inval 
idate  a  statement  in  which  I  could  not  possibly 
be  mistaken ;  for  I  was  there,  and  acted  the 
part  I  was  thus  constrained  to  act,  in  relation 
to  transactions  too  momentous  to  be  either  mis- 
remembered  or  slurred  over  by  a  false  or  im 
perfect  record.  The  Confederate  States  have 
been  defrauded.  Missouri  is  not  one  of  them, 
but  stands  as  she  has  heretofore  done. 

I  have  then,  fellow-citizens,  upon  my  return 
amongst  you,  presented  you  with  such  a  synop 
sis  of  facts,  not  heretofore  made  public,  as  will 
enable  you  to  decide  intelligently  and  fairly, 
not  only  in  respect  to  my  own  conduct,  but 
with  respect  to  the  complications  which  so  un 
happily  distract  and  divide  us.  Praying  that  a 
merciful  Proridence  may  speedily  restore  to  us , 


the  blessings  of  a  good  Government,  I  remain, 
very  respectfully,  &c., 

ISAAC  N.  SHAMBAUGH. 

January  21, 1862. 


Doo.  10. 
BIRTH  AND  DEATH  OF  NATIONS; 

A  THOUGHT  FOR  THE  CRISIS. 
BY  JAMES   MCKAYE. 

ITS  the  primitive  ages  of  the  world,  long  be 
fore  the  dawn  of  history,  while  Prometheus  lay 
chained  to  the  rock,  and  the  men  of  Shinar,  dis 
persed  by  the  divine  anger,  settled  themselves 
in  new  habitations,  there  was  sent  into  that  far- 
off  eastern  land,  the  earliest  home  of  the  race, 
a  messenger  from  the  celestial  powers.  With 
a  virgin's  head  and  face,  she  had  the  stalwart 
body  of  a  lion  and  the  strong  wings  of  an  eagle. 
She  had  been  taught  by  those  primeval  intel 
ligences  and  instructors  of  the  gods,  the  Muses, 
and  knew  all  the  wisdom  of  the  ages,  past  and 
to  come ;  and  her  commission  was  to  stand  on 
the  waysides,  and  in  the  great  thoroughfares 
of  the  people,  and  put  questions — riddles — to 
the  passers  by.  Questions,  doubtless  very  apt, 
significant  and  necessary  to  be  put,  but  often, 
to  that  infant  race,  most  obscure,  enigmatical, 
and  difficult  of  right  answer.  And  yet  there 
was  no  escape ;  answered  they  must  be,  wisely, 
justly,  and  to  the  point,  under  penalty  of  a 
sudden  and  sure  destruction, — for  such  was  the 
inexorable  decree  of  the  inscrutable  Powers  that 
ruled  that  ancient  world.  To-day  even,  who 
ever  likes,  and  can  afford  it,  may  see  her  co 
lossal  image  cut  out  of  a  black  basaltic  spur  of 
the  Libyan  mountains,  overlooking  the  Nile,  a 
neighbor  and  meet  companion  of  the  great  Pyra 
mid  of  Cheops. 

To  the  Greeks  the  SPHINX  was  the  offspring 
of  Chimera.  In  disparagement  of  her  authen 
ticity,  the  sceptics  call  her  a  MYTH,  as  if  the 
Myths  were  not  the  oldest  and  most  indestruc 
tible  facts  in  the  history  of  the  world.  But  by 
whatever  name  she  may  be  called,  from  that 
remotest  period  of  the  ethnic  formations  of 
humanity,  the  beginnings  of  nations,  even  unto 
this  day,  have  her  arduous  questions  been  pro 
pounded,  and  always  with  no  jot  or  tittle  of  the 
old  penalty  abated — a  right  true  answer  or  cer 
tain  overwhelming  ruin. 

On  no  habitable  summits  of  the  earth,  in  any 
age  of  human  history,  have  questions  of  a  higher 
import  or  involving  mightier  interests,  secular 
and  eternal,  been  put  to  the  sons  of  men,  than 
those  that  to-day  so  urgently  press  themselves 
upon  the  consideration  of  the  people  of  these 
United  States.  Nor  can  their  just  solution  be 
any  longer  avoided  or  delayed,  under  forfeit 
ures  more  disastrous  and  deplorable  than  any 
people  ever  before  were  called  upon  to  pay. 
For  this  is  the  nineteenth  century  of  the  Chris- 
nan  era,  and  we  live  under  its  Master's  unfail- 
ng  word — "  Unto  whom  much  is  given,  much 
will  be  required."  Very  necessary  is  it  then, 


56 


REBELLION  RECORD,    1860-61. 


that  we  should  lift  ourselves  intelligently  to  the 
moral  level  of  these  questions,  and  in  the  faith 
that  truth  alone  has  the  right  to  reign  over  the 
world  and  to  govern  its  facts,  without  attempt 
ing  to  anticipate  or  forestall  the  final  disposi 
tions  of  the  Infinite  Providence,  make  our 
answer  fearlessly,  in  the  light  of  that  WORD, 
and  of  history. 

And  first  of  all,  in  the  order  of  events  as 
well  as  of  the  argument,  it  is  demanded  of  us 
to  answer  by  what  BIGHT  we  call  ourselves  a 
nation,  and  claim  to  hold  and  rule  as  one  INDI 
VISIBLE  DOMAIN,  all  these  broad  territories, 
stretching  from  ocean  to  ocean. 

The  question  is  asked  upon  quite  another  and 
higher  authority  than  that  of  any  Confederate 
States'  president  or  congress.  Nor  does  the 
roar  of  their  cannon  constitute  the  most  urgent 
reason  for  its  prompt  answer.  That  became 
necessary  only  in  consequence  of  the  obdurate 
dulness  of  the  national  ear  to  "  the  still  small 
voices."  Even  so  has  it  been  from  the  begin 
ning — "  the  still  small  voices  "  once  become  in 
audible,  and  the  Supreme  Powers  must  needs 
commission  the  loud  and  ever  louder  ones,  even 
unto  the  roar  of  whole  batteries  of  rifled  cannon. 
Already  at  Sumter,  Bull  Run,  and  elsewhere 
have  these  batteries  belched  forth  such  a  denial 
of  the  nation's  right  to  national  existence,  as 
leaves  no  doubt  of  the  internecine  nature  of  the 
hatred  that  so  vents  itself,  and  demonstrates 
the  imminency  of  the  crisis  that  urges  us  to  a 
thorough  examination  of  the  grounds  upon 
•which  the  great  battle  must  be  fought,  in  order 
that  our  batteries  may  be  planted  upon  the  im 
movable  foundations  laid  by  the  fathers,  and 
our  cannon  charged,  not  alone  with  the  ele 
mental  forces  of  carbonized  saltpetre,  but,  con- 
substantial  with  these,  with  the  far  more  invin 
cible  logic  of  that  Divine  Word,  which  in  the 
beginning  became  flesh  in  this  nation,  and  will, 
in  defiance  of  all  the  powers  of  darkness  that 
assail  it,  have  free  course  and  be  glorified  in  its 
history. 

Let  us,  then,  to  begin  with,  clear  our  minds 
of  that  atheistical,  impious,  secession  vagary — 
that  a  nation  is  a  species  of  heterogeneous, 
accidental  aggregation  of  men  or  of  states,  held 
together  by  a  sort  of  "  balance  of  interest  trea 
ty  "  or  contract  of  co-partnership,  entered  into 
for  the  purpose  of  establishing  and  carrying  on 
the  hitherto  highly  profitable  business  of  stump- 
speech  making  for  "Buncombe,"  securing  "the 
spoils  of  victory  "  in  certain  annual  games  of 
ballot-box  stuffing,  and  breeding  "  colored  chat 
tels  "  for  the  shambles  of  king  cotton.  This 
notion  of  the  essential  nature  and  purposes  of 
our  national  existence,  has  now  for  several 
years  been  entertained,  and  by  many  distin 
guished  politicians  and  leaders  of  the  people, 
with  no  little  energy,  reduced  to  practice  in 
these  United  States, — with  what  effect  begins 
to  be  apparent  enough.  No  more  false  or  fatal 
emanation  from  the  bottomless  pit  ever  lodged 
itself  in  the  human  understanding,  and  the 
necessity  of  dislodging  it  with  the  truth  seems 


just  now  very  urgent  indeed,  to  the  present 
writer. 

The  TRUTH  being  that,  even  in  the  most  rig 
orous  scientific  definition  of  it,  a  NATION  is  an 
organized  body,  and  by  no  means  a  mere  ag 
gregation  of  individual  men  or  independent 
communities ;  and  so,  like  every  other  organ 
ized  body,  must,  from  the  very  nature  of  things, 
incorporate  its  own  distinctive  organic  force  or 
Idea.  Indeed,  it  is  only  in  virtue  of  this  dis 
tinctive  organic  idea,  that  it  becomes  a  nation 
at  all.  To  this  merely  formal  statement  of  the 
truth,  history,  irradiated  by  the  light  of  eigh 
teen  Christian  centuries,  adds  a  far  sublimer 
derivation  and  broader  scope.  It  declares,  that 
in  the  great  epochs  of  the  world,  the  Omnipo 
tent  Providence  confides  to  a  chosen  people  the 
revelation  of  a  great  truth,  a  great  regenerative 
IDEA  ;  and  that  from  thenceforth,  that  idea  be 
comes  for  that  people  the  germ  of  its  national 
life  and  civilization — its  soul,  without  which  it 
could  no  more  be  a  nation,  than  the  human 
body  could  be  a  man  without  the  human  soul. 
For  in  this  more  excellent  sense,  a  nation  is  but 
a  larger  form  of  humanity,  a  grander  Cosmos 
or  receptacle  of  the  Divine  Presence  in  the 
world.  And  it  is  this  Presence,  this  fundamen 
tal  Idea,  which  constitutes  the  real  substance 
of  the  national  life,  and  determines  the  legiti 
mate  character  and  course  of  the  national  de 
velopment  and  civilization. 

This  presence  of  a  divinely  posited  funda 
mental  Idea,  as  vital  force  in  the  ethical  evolu 
tions  and  growth  of  nations,  is  the  highest, 
grandest  fact  in  the  history  of  the  race.  The 
sublimest  theme  of  the  oldest  Scriptures  is  this 
doctrine  of  the  genesis  of  all  things  from  the 
Spirit  "  moving  upon  the  face  of  the  deep ; " 
the  first  product  being  light,  thought,  idea — 
and  then  the  idea  emerging  into  articulate  word, 
a  FACT  in  time.  Not  only  the  solid  earth,  upon 
which  to-day  beats  the  heavy  tramp  of  our 
armies,  was  so  founded,  but  so  were  embodied 
and  established  all  the  several  nations  that  have 
dwelt  upon  its  surface,  even  unto  that  one 
whose  "  covenant  of  life  "  bears  date  on  the 
fourth  day  of  July,  1776,  and  contains  these 
ever-memorable  words,  then  first  in  the  provi 
dential  unfolding  of  the  ages  made  audible  to 
the  ears  of  men  : 

"  ALL  MEN  ARE  CREATED  EQUAL,  ENDOWED  BY 
THEIR  CREATOR  WITH  THE  INALIENABLE  RIGHTS 
OF  LIFE,  LIBERTY,  AND  THE  PURSUIT  OF  HAPPI 
NESS." 

"America,"  said  the  great  Earl  of  Chatham, 
in  a  memorable  debate  in  the  English  House 
of  Lords  in  1770,  "  was  settled  upon  ideas  of 
liberty."  By  what  Promethean  struggles  has 
every  simplest  truth,  every  human  right,  to  get 
itself  established  -on  the  earth  !  What  a  ca 
reer  had  that  English  humanity  to  run  from 
whence  America  sprung,  before  even  the  dim 
mest  adumbration  of  human  liberty  could 
emerge  into  articulate  expression,  and  obtain 
for  itself  some  faint  acknowledgment  as  natural 
human  right ;  some  dubious  authority  as  the 


DOCUMENTS. 


57 


Common  Law  f  And  even  now,  it  is  only 
where  that  law  prevails  that  any  such  liberty 
exists.  For  wherever  the  civil  or  Roman  law 
is  supreme,  such  liberty  as  it  recognizes  exists 
only  as  a  franchise,  as  founded  in  the  idea  of  a 
grant  from  lord  or  sovereign  to  his  subject ;  and 
the  idea  has  proved  itself  stronger  than  all  the 
might  of  the  people.  No  number  of  French 
revolutions,  not  even  a  "reign  of  terror,"  has 
been  able  to  prevail  against  it.  Is  it  not  neces 
sary,  then,  to  believe  in  the  solidity  and 
strength  of  ideas  ?  The  very  fact  is,  that  the 
•whole  interminable  web  of  human  history  is 
woven,  "  upon  the  roaring  loom  of  time,"  of 
nothing  else  but  ideas. 

Doubtless  the  words  of  the  wise  old  states 
man  were  most  true :  "  America  was  indeed 
settled  upon  ideas  of  liberty,"  but  not  of  liber 
ty  only.  Ideas  of  a  still  broader  scope  and 
grander  aim,  wrought  silently  but  strenuously 
in  that  settlement;  ideas  originating  in  the 
advent  of  the  divine  Manhood  into  the  world, 
and  the  sublime  transfigurations  thereby  effect 
ed  in  the  status  and  history  of  the  race ;  ideas 
of  the  equal  dignity  and  worth  of  the  common 
humanity,  in  its  own  spiritual  substance,  as  the 
begotten  of  God,  the  bearer  of  his  image,  the 
continent  of  his  presence  in  the  world,  and,  by 
right  of  its  own  nativity,  endowed  with  the 
faculty  of  "  life,  liberty,  and  the  pursuit  of  hap 
piness."  In  no  merely  pagan  age,  under  no 
merely  pagan  development,  could  this  idea  have 
been  evolved.  All  the  previous  ages  of  Hebrew 
and  heathen  longing  and  endeavor  were  neces 
sary,  doubtless,  to  the  great  gestation  and  the 
coming  of  that  "  fulness  of  time."  But  then, 
as  a  condition  precedent,  the  highest,  divinest 
man  musL  have  the  humblest  parentage,  the 
lowest  birthplace,  most  necessitous  life,  and 
most  ignominious  death.  So  much  must  be 
come  a  fact  of  history,  and  to  this  fact  must  be 
conjoined  the  idea,  not  less  a  truth,  that  this 
humblest,  most  stricken  man  was  a  Divine 
Presence — the  very  Logos  of  God — the  Light 
of  the  world.  This,  and  eighteen  hundred  years 
beside,  of  human  effort  and  travail,  of  human 
failure  and  divine  grace,  were  required  to  re 
habilitate  human  nature  with  its  original  divine 
right  of  sonship  to  God,  and  to  evolve  the  great 
regenerative  idea  upon  which  America  was 
founded,  and  in  which  lie  enwombed  the  germ 
and  vital  forces  of  its  whole  national  life,  civili 
zation,  and  well-being. 

What  less  than  this  idea  of  the  consubstan- 
tial  equality  of  all  men — of  man  in  his  own 
substance  as  man,  without  regard  to  the  acci 
dents  of  birth,  fortune,  education,  or  com 
plexion — could  have  supplied  a  ground  broad 
enough  upon  which  to  found  a  nationality, 
whose  membership  from  the  beginning  was  in 
tended  to  embrace  the  outcasts  and  expatri 
ated  of  all  the  other  nations  and  races  of  men  ; 
and  to  whom  should  be  given  a  whole  con 
tinent  for  work-field  ? 

The  advocates  of  what  is  called  conservatism 
in  England,  which  has  come  to  mean  a  blind 


perpetuity  of  legalized  wrong,  seem  just  now 
to  take  heart  and  jubilate  amazingly  over  what 
they  call  a  "  failure  of  the  democratic  experi 
ment."  The  men  who  for  eight  hundred  years 
have  held  the  proceeds  of  the  great  robbery 
committed  by  the  hordes  of  William  the  Con 
queror,  and  the  men  who  have  cunningly  filched 
and  funded  the  profits  of  the  labor  of  the  Eng 
lish  worker  for  the  same  time,  may  naturally 
enough  rejoice  over  even  a  semblance  of  failure 
of  a  system  founded  in  ideas  of  human  equality, 
and  the  right  of  the  humblest  man  to  enjoy  the 
benefits  of  his  own  labor.  But  let  them  be  as 
sured  that,  whatever  may  be  the  issue  of  the 
present  struggle  in  this  country,  there  is  not 
the  least  ground  for  their  jubilation.  In  the 
first  place,  the  u  disruption  "  upon  which  they 
rely  has  arisen  wholly  out  of  a  practical  repu 
diation  of  the  ideas  upon  which  our  "  demo 
cratic  institutions "  were  founded,  and  by  no 
means  out  of  any  inherent  defect  in  these  ideas. 
In  the  second  place,  if  the  conspirators  of  the 
South  should  succeed  in  making  the  disruption 
permanent,  and  in  founding  a  State  upon  a  sys 
tem  which  accomplishes  even  a  worse  robbery 
of  human  rights  than  that  upon  which  older 
aristocracies  are  founded,  it  will  not  in  the 
least  constitute  a  failure  of  "  democratic  insti 
tutions,"  but  rather  purify  and  reinvigorate 
them,  giving  them  new  scope,  power,  and  dig 
nity,  in  the  face  of  which  no  such  system  could 
long  endure. 

The  truth  is,  that  the  perpetual  mutations 
and  revolutions  that  so  convulse  and  afflict 
European  society  have  their  source  in  the  an 
tagonisms  arising  out  of  the  circumstantial,  the 
accidental,  in  human  condition,  and  the  over 
whelming  predominance  of  the  class  interests 
upon  which  that  society  is  founded.  Only  upon 
that  which  is  in  itself  durable,  only  upon  the 
permanent  element  in  human  nature — the  equal 
dignity  and  worth  of  manhood  in  its  own  spirit 
ual  substance — can  any  nationality  or  social 
polity  be  founded,  which  shall  at  once  be  per 
manent  in  its  own  nature  and  admit  of  a  free 
development  in  all  of  its  conditions.  This  is 
the  ground  of  Christianity — the  ground  upon 
which  God  founds  his  own  government  of  the 
world — the  ethical  evolutions  of  his  own  provi 
dence,  and,  as  a  great  product  of  that  provi 
dence,  of  our  nationality  and  free  democratic 
institutions. 

And  so  we  reach  the  answer  to  the  question, 
as  to  the  nature  of  that  right  by  which  we  are 
authorized  to  call  ourselves  a  NATION".  The 
right  inheres  in  the  idea  contained  in  the  great 
Declaration — "  All  men  are  created  equal,  en 
dowed  by  their  Creator  with  the  inalienable 
rights  of  life,  liberty,  and  the  pursuit  of  happi 
ness," — and  is  inseparable  from  it.  But  no 
spiritual  entity,  no  idea,  can  be  maintained  in 
the  world,  without  giving  it  a  body — without 
making  it  a  fact.  And  herein  consists  the  hu 
man  function  in  the  ethical  evolutions  of  his 
tory.  The  idea  is  the  gift  of  God— to  trans 
mute  it  into  fact,  into  institutions,  manners, 


58 


REBELLION  RECORD,    1860-61. 


and  laws,  is  the  work  of  man.  In  no  other 
way  can  the  fundamental  idea  of  our  nation 
ality  be  maintained  and  made  to  bear  its  legiti 
mate  fruit,  but  by  making  it,  in  all  its  grand  and 
beneficent  meaning,  the  basis  of  the  actual 
state  and  condition  of  the  whole  body  of  the 
nation  in  all  the  relations  of  its  membership. 
In  this  idea  consists  the  true  life  and  real  unity 
of  the  nation,  its  life  and  unity  in  its  immortal 
substance.  The  ethnic  formation,  the  body  of 
the  nation,  is  but  the  product  of  this  idea,  and 
that  portion  of  it  only  in  which  the  idea  lives 
and  is  faithfully  developed  hold  the  right  of 
nationality — are,  in  fact,  the  nation. 

Very  important  is  it  at  this  conjuncture  in 
our  national  history,  that  all  men  should  clearly 
comprehend  the  nature  of  this  life  and  the  na 
ture  of  that  by  which  it  may  be  fatally  injured 
and  subverted.  By  no  amount  of  material 
power,  by  no  number  of  battalions,  can  it  be 
seriously  affected  or  endangered,  so  long  as  the 
idea  in  which  it  subsists  is  retained  in  full  force 
and  virtue  to  vivify  the  hearts  of  the  people. 
On  the  other  hand,  that  which  attacks,  weak 
ens,  and  tends  to  obliterate  this  idea,  is  to  be 
regarded  as  the  implacable  enemy  to  whom  no 
quarter  can  be  given.  For  as  surely  as  the 
great  oak  of  the  forest  begins  to  wither  and 
decay  the  moment  it  ceases  to  obey  the  vital 
force  contained  in  the  germ  from  whence  it 
sprung — the  moment  it  ceases  to  grow  in  ac 
cordance  with  the  law  of  its  own  organic  life 
— so  surely  does  a  people  begin  to  fall  into  ruin 
the  moment  it  ceases  to  develop  the  fundamen 
tal  idea  of  its  own  nationality,  to  work  out  its 
own  appropriate  civilization  and  history. 

Can  there  be  any  doubt,  then,  as  to  our  su- 
premest,  most  sacred  national  obligations  ? 
What  else  from  the  beginning  had  we  to  do 
but  faithfully  to  execute  the  great  providential 
trust  confided  to  us,  to  make  the  broadest 
meaning  of  that  solemn  Declaration  fact  in  our 
history  ?  Was  not  this  the  immutable  condi 
tion  of  the  covenant  made  by  the  fathers  with 
God  and  humanity,  in  virtue  of  which  we  be 
came  invested  with  the  divine  right  of  nation 
ality,  and  for  the  faithful  performance  of  which 
they  solemnly  pledged,  not  only  their  own, 
but,  as  its  representative  head,  "  the  life,  the 
fortune,  and  sacred  honor  "  of  the  nation  ? 

Has  that  solemn  pledge  been  kept?  Have 
we  as  a  people  fulfilled  the  conditions  of  that 
covenant  of  national  life  ?  What,  in  truth,  has 
been  hitherto  the  purport  of  our  national  en 
deavors  ?  Not  to  speak  here  of  the  unparal 
leled  development  of  our  material  interests  and 
our  really  great  achievements  in  whatever  ap 
pertains  thereto  ;  not  to  speak  of  the  genuine, 
manly  work  performed  with  "  axe  and  plough 
and  hammer,"  or  of  its  appropriate  reward, 
abundant  crops  of  "  Indian  corn,  and  cotton, 
and  dollars " — with  our  much  vaunted  FREE 
PRESS,  PULPIT,  and  BALLOT  BOX — what  have  we 
really  done,  up  to  this  year  of  our  Lord,  1862, 
toward  the  accomplishment  of  the  great  provi 
dential  undertaking  committed  to  our  hands  ? 


The  ear  of  the  ancient  Inscrutable  Questioner 
listens  for  a  right  true  answer ;  and  however 
deeply  the  national  brow  may  be  suffused  with 
the  blush  of  shame,  a  right  true  answer  is  su 
premely  necessary  to  the  future  safety  and 
well-being  of  the  nation.  And  the  TRUTH, 
coined  into  the  gentlest  admissible  terms,  de 
clares  that  to  us  as  a  people,  whatever  else  we 
may  have  done  of  good  or  left  undone  of  evil, 
belongs  the  distinguished  infamy  of  having 
given  birth  to  the  device  and  developed  into  an 
institution,  a  scheme  of  human  degradation  in 
which  a  human  soul  is  held  bereft,  not  only  of 
all  civil  liberty  and  rights,  but  of  all  its  natural 
attributes — is  held  to  be  not  a  person,  but  a  bit 
of  property — not  to  possess  even  a  human  life, 
but  only  that  of  a  beast,  and  as  a  beast,  is  kept 
for  breeding  other  beasts,  (often  with  white 
men  for  sires,)  for  the  public  markets  of  the 
world  ;  a  scheme  which  rolls  back  the  civiliza 
tion  of  two  thousand  years,  blots  out  the  cen 
tral  idea  of  Christianity,  and  reestablishes  a 
worse  than  pagan  barbarism;  and  all  this 
in  the  face  of  the  great  announcement  made 
eighteen  centuries  ago  of  God's  all-beneficent 
intention  to  redeem,  emancipate,  and  glorify 
the  nature  of  his  offspring — human  nature. 
For  what  other  meaning  is  there  in  that  divine 
assumption  of  this  nature,  in  its  humblest  con 
dition?  what  other  significance  in  the  bewil 
dered  history  of  these  centuries  ? 

A  cruel  system  of  servitude  did  indeed  exist 
among  the  ancient  nations.  But  its  fundamen 
tal  idea  was  the  idea  of  authority — authority 
absolute  and  monstrous,  but  still  of  authority 
and  not  of  property.  In  ancient  Greece,  where 
the  slave  bad  no  political  or  civil  rights,  his 
quality  as  a  human  being,  as  a  man,  was  re 
spected.  It  was  only  in  Rome,  that  ultimate 
flower  of  all  pagan  cupidity  and  rapine,  where 
slavery  existed  on  a  scale  so  monstrous  as  al 
most  to  defy  belief,  that  something  like  the 
Amerian  idea  prevailed.  But  even  in  the 
Rome  of  the  emperors,  the  manhood  of  the 
slave  was  not  totally  annihilated.  The  old 
pagan  master  regarded  his  servi  rather  as  min 
isters  to  his  comfort  or  luxury,  than  as  the  sub 
jects  of  traffic  or  a  source  of  revenue.  "  In  the 
household  of  an  opulent  senator,"  says  Gibbon, 
"  might  be  found  every  profession,  either  lib 
eral  or  mechanical.  Youths  of  a  promising 
genius  were  carefully  instructed  in  the  arts  and 
sciences."  And  yet,  God  in  history  never  taught 
any  truth  more  clearly  or  more  emphatically, 
than  that  Roman  slavery  was  the  great  enemy 
by  which  that  grandest  fabric  of  pagan  civili 
zation,  the  Roman  nationality  and  empire,  was 
utterly  overthrown  and  subverted. 

As  the  primeval  perfidy,  the  primal  thought  of 
evil,  which  culminated  in  the  first  revolt  of  arro 
gant  selfishness  and  pride,  had  birth  in  the  high 
est  circles  of  created  intelligences,  so  it  would 
seem  that  only  among  a  people  founded  upon 
ideas  of  liberty  and  the  equal  dignity  and  worth 
of  manhood,  could  a  scheme  so  atrocious  as 
Southern  slavery  be  brought  forth.  An  arch- 


DOCUMENTS. 


59 


angel  only  could  become  the  father  of  lies. 
Only  the  inner  light  of  a  people  to  whom  the 
divine  Manhood  had  been  revealed,  could  be 
come  such  utter  darkness. 

Surely  a  most  strange  and  portentous  result 
of  national  endeavor,  in  view  of  the  point  from 
•whence  the  nation  set  forth  upon  its  career,  is 
this  American  slavery — this  institution  of  the 
spoliation  of  human  nature.  For  the  gist  of  the 
great  evil  does  not  so  much  consist  in  the  out 
rage  committed  against  the  civil  rights  of  the 
enslaved,  atrocious  as  that  is,  as  that  in  their 
persons  an  irretrievable  offence  is  perpetrated 
against  our  common  humanity,  and  thence  such 
a  fatal  injury  to  the  vital  idea  of  our  nationality 
and  civilization,  as,  if  persisted  in,  we  may  not 
even  hope  to  survive.  For  if  the  TBUTH  set 
forth  in  that  solemn  national  Declaration  shall 
not  succeed  in  making  all  men  in  this  land  free, 
then  the  false  shall  triumph  in  ranking  all  men 
slaves.  This  is  the  inexorable  divine  law,  of  which 
all  human  history  is  but  the  illustration.  The 
great  false  pretence,  which  the  nation  still  so 
insanely  persists  in — the  great  lie  it  so  shame 
lessly  holds  in  its  right  hand — by  a  fatal  law  of 
accretion  shall  draw  to  them  all  other  perfidies, 
until  the  national  heart  and  consciousness  shall 
become  so  darkened  and  depraved  that  no  sense 
of  truth,  human  or  divine,  no  love  or  reverence 
for  any  human  rights,  liberty,  or  manhood  shall 
remain,  and  the  national  lite  and  history  shall 
become  a  very  "devils'  chaos  instead  of  a  God's 
cosmos."  In  the  communities  where  the  malign 
and  lying  spirit  of  slavery  has  taken  the  most 
complete  possession  of  the  understandings  and 
hearts  of  men,  this  transformation  seems  already 
to  have  taken  place.  So  utterly  has  all  sense 
of  the  most  sacred  human  rights  and  obligations 
besn  extinguished,  all  fealty  and  patriotism  eat 
en  out,  as  to  make  the  most  atrocious  villanies 
appear  like  innocence,  and  treason  against  the 
grandest  fabric  of  human  liberty  ever  erected 
on  earth,  like  the  noblest  of  civic  virtues — nay, 
more,  like  the  most  sacred  and  divinely  imposed 
duties.  Says  the  Rev.  Dr.  Palmer  of  New  Or 
leans,  a  man  of  learning  and  thought,  and  a  great 
authority  in  these  communities,  "  The  great 
providential  trust  to  the  South  is  to  conserve 
and  perpetuate  the  institution  of  domestic  sla 
very.  Let  us  take  our  stand  on  the  HIGHEST 
MORAL  GROUND,  and  proclaim  to  all  the  world 
that  we  hold  this  trust  from  God.  In  defending 
it,  to  the  South  is  assigned  the  high  position  of 
defending  before  all  nations,  the  cause  of  religion 
and  all  truth.'1 

What  else  is  this,  but  the  ravings  of  the  mad 
ness  and  dementation  engendered  by  slavery? 
What  must  be  the  condition  of  a  people,  whose 
seers  and  prophets  have  become  so  profoundly 
unconscious  of  their  own  utter  demoralization  ? 
By  a  like  process  have  perished  the  most  pow 
erful  and  proudest  nations  of  antiquity.  And 
BO  inevitably  must  this  nation  perish,  unless  it 
can  be  awakened  to  its  true  peril  and  moved  to 
expurgate  and  cast  out  forever  the  insidious  per 
fidy,  the  fatal  lie,  that  corrupts  and  consumes 


its  vitals.  For  let  not  these  people  be  deemed 
worse  by  nature  than  others.  It  is  but  the 
blind  and  malignant  spirit  of  slavery  that  speaks 
with  their  tongue,  and  with  their  hands  brand 
ishes  its  weapons.  Is  this  a  spirit  any  longer  to 
be  paltered  with?  Ought  we  any  longer  to  en 
tertain  its  insidious,  treacherous  sophistries? 
If  that  were  possible,  could  we  afford,  even  at 
the  price  of  the  restitution  of  the  external  unity 
of  the  nation,  to  lose  the  light  and  glory  of  its 
internal  life — at  the  price  of  saving  our  national 
body,  can  we  afford  to  barter  away  our  national 
soul? 

We  stand  then  at  this  pass.  We  know  from 
whence  and  upon  what  conditions  we  hold  our 
right  to  national  existence  and  well-being.  We 
know,  beyond  a  peradventure,  the  implacable 
enemy  that  seeks  their  destruction.  We  know 
even,  that  by  a  necessity  of  its  own  nature,  it 
cannot  do  otherwise  than  destroy  them  utterly, 
unless  itself  be  destroyed.  What  else,  in  fact, 
is  that  open  treason  to  the  external  unity  of 
the  nation,  that  to-day  with  so  much  "pomp 
of  circumstance  "  sets  its  battle  in  array,  but 
the  outward  expression  of  the  far  more  danger 
ous  treason  that  now  for  many  years  has  been 
building  its  intrenchments  in  the  national  heart 
and  sapping  the  very  foundations  of  the  national 
civilization  and  strength  ?  What  else,  but  the 
necessary  outbreak  of  that  subtle  and  malign 
perfidy  that  for  a  generation  has  burrowed  in 
the  national  understanding,  spawning  its  lies 
and  sowing  them  broadcast  through  the  land, 
until  now,  like  the  dragon's  teeth,  they  spring 
up  armed  men — traitors.  Or,  does  any  man 
not  stone-blind,  believe  that  if  to-day  the  Union 
were  to  be  restored,  and  with  it  the  pernicious 
cause  of  its  disruption  placed  again  under  the 
guarantees  of  the  Constitution,  the  nation  would 
not  thereby  be  set  back,  to  begin  the  great  war 
over  again,  unless  slavery  had  thus  secured  to 
itself  the  mastery  of  the  National  Government  ? 
This  is  its  supremest  necessity,  and  the  instinct 
of  this  necessity,  conjoined  with  a  conviction 
that  the  mastery  of  the  National  Government 
had  escaped  from  their  hands,  compelled  the 
slavemasters  to  undertake  disunion  at  all  risks. 
On  this  point  we  have  done  these  men  a  kind 
of  injustice.  Slavery  can  no  more  exist  under 
a  government  of  practical  freedom,  than  liberty 
can  exist  under  a  government  mastered  by 
slavery.  It  is  but  the  common  exigency  of 
every  legally  established  human  wrong.  To  se 
cure  itself  against  the  attacks  of  light  and 
truth,  against  the  perpetual  encroachments, 
"  coercions "  of  human  progress,  it  must  be 
master  of  the  power  that  makes  the  laws. 
Under  whatever  political  system  or  form  of 
government,  therefore,  slavery  shall  hereafter 
be  permitted  to  exist  on  this  continent,  whether 
in  a  Southern  confederacy  or  a  restored  Union, 
it  will,  it  must,  from  a  necessity  of  its  own  self- 
preservation,  be  master  of  the  Government  and 
national  institutions,  and  through  these,  of  the 
national  life,  civilization,  and  history.  There 
is  then  no  alternative  for  this  nation ;  either  its 


60 


REBELLION  RECORD,  1860-61 


own  original,  divinely  endowed  life  must  be 
surrendered  up,  or  it  must  conquer  and  destroy 
its  unappeasable  enemy,  slavery. 

That  the  nation  possesses  the  requisite  ma 
terial  power  to  make  this  conquest,  is  not  gen 
erally  questioned,  at  least  in  the  loyal  States — 
to  say  nothing  of  the  perennial  strength  inherent 
in  the  great  idea  of  our  nationality,  which  still 
abides  with  them,  and  day  and  night  cries  out 
for  its  right  to  conquer  in  this  war.  The  ques 
tion  about  which  men  seem  to  doubt,  and  our 
public  functionaries  hesitate,  is,  has  the  nation 
the  right  to  use  the  means  of  conquest  which 
it  possesses  ?  It  is  said  the  national  Constitu 
tion  forbids  it ;  that,  by  some  extraordinary 
ineptitude,  this  great  palladium  of  liberty  has 
the  power  only  to  cover  and  protect  slavery. 
If  this  were  true,  the  decisive  answer  would  be 
that  the  Constitution  was  made  for  man,  and 
not  man  for  the  Constitution.  But  it  is  a  great 
defamation  of  that  justly  to  be  respected  in 
strument.  In  its  own  nature,  as  a  form  of 
national  government,  as  the  supreme  law  of  the 
nation,  it  recognizes  the  nation's  right  of  self- 
preservation,  and  to  the  use  of  all  the  means 
necessary  to  that  end.  It  recognizes  the  exist 
ence  of  the  present  most  atrocious  war,  waged 
by  the  princes  of  the  powers  of  slavery  against 
the  nation's  life,  and  authorizes  the  sovereignty 
which  it  creates,  to  clothe  itself  with  the  rights 
and  powers,  known  and  acknowledged  by  all 
civilized  nations  as  the  laws  of  war  ;  and  with 
which  all  States  and  communities  in  a  state  of 
war  are  invested,  whether  it  be  a  national  or  a 
civil  war.  So  that  the  powers  of  the  National 
Government,  administered  in  strictest  conform 
ity  with  the  Constitution,  are  just  so  far  en 
larged  by  a  state  of  war,  as  are  all  the  powers 
conferrred  by  the  laws  of  war.  To  disregard 
these  laws,  and  the  powers  which  they  confer 
in  time  of  war,  is  just  as  unconstitutional,  in 
the  truest  meaning  and  intent  of  that  instru 
ment,  as  it  would  be  to  exercise  them  in  time 
of  peace.  Nor  is  it  by  any  means  a  matter  of 
mere  option  with  those  upon  whom  the  people 
have  devolved  the  duty  of  carrying  into  effect 
the  rights  and  powers  of  their  Government, 
whether  or  not  these  powers  shall  be  exercised. 
On  the  contrary,  by  their  official  oaths,  by  all 
the  most  sacred  obligations  that  can  bind  the 
consciences  of  men,  they  are  bound  to  see  to  it, 
that,  in  the  present  exigency,  the  nation  suffers 
no  loss,  loses  no  advantage,  that  might  arise 
out  of  the  exercise  of  these  constitutional  war 
powers. 

Already  has  the  judgment  of  the  nation  and 
of  history  been  pronounced  upon  the  dastardly 
excuse,  "  a  want  of  constitutional  power,"  for 
the  failure  to  suppress  the  rebellion  in  its  very 
inception.  No  reversal  of  that  judgment  is 
possible,  so  far  as  James  Buchanan  is  concerned, 
whatever  may  be  the  issue  of  the  present  strug 
gle.  In  the  history  of  this  country,  in  the 
memory  of  all  the  coming  generations  of  men, 
his  name  while  it  lasts,  will  stand  associated 
with  the  most  worthless  of  his  race — will  serve 


as  a  by-word  to  illustrate  the  most  utter  desti 
tution  of  all  truth,  valor,  and  manliness  in  high 
station,  the  most  pitiful,  perfidious,  and  coward 
ly  official  failure  that  ever  disgraced  human  na 
ture  ;  unless,  indeed,  he  shall  have  the  good  for 
tune  to  be  forgotten  in  the  presence  of  some  still 
more  infamous  official  delinquency  that  awaits 
future  developments  in  the  history  of  our  public 
functionaries.  For,  leaving  out  of  the  question 
the  maxims  of  the  highest  order  of  statesman 
ship,  the  briefest  consideration  of  the  laws  of 
war  and  the  powers  thereby  conferred  upon  the 
National  Government,  will  serve  to  demon 
strate,  that  if  the  servants  of  the  people,  who 
have  been  intrusted  with  that  sacred  duty,  fail 
to  destroy  the  cause  of  the  war  and  thereby 
save  the  life  of  the  nation,  a  repetition  of  his 
excuse — "  want  of  constitutional  power  " — will 
not  avail  to  save  them  from  still  profounder 
depths  of  public  execration  and  infamy. 

Mr.  Buchanan,  yielding  himself  to  the  induce 
ments  with  which  the  minions  of  slavery  have 
so  well  known  how  to  seduce  or  intimidate 
northern  politicians,  refused  to  take  the  first 
step  against  the  insidious  approaches  of  the 
enemy.  In  his  last  duys  it  was  Virginia's  love 
for  the  Union  that  served  their  purpose  to  in 
fatuate  and  blind  the  pitiful  "  old  public  func 
tionary."  But  all  his  life  long  he  had  been 
their  willing  bondman  and  hireling.  As  wages, 
they  had  given  him  the  presidency,  and  as  some 
semblance  of  excuse,  he  might  set  up  the  old 
maxim  "  honor  amongst  thieves."  On  the  other 
hand,  Mr.  Lincoln,  even  when  he  accepted  the 
presidential  candidacy,  knew  of  the  threats  of 
the  slave  oligarchy  to  overthrow  the  government 
and  destroy  the  nation.  It  was  from  the  loyal 
people  of  the  FREE  STATES  that  he  received 
his  great  office,  in  the  face  of  these  threats, 
and  under  the  clearest  and  most  solemn  engage 
ments,  that  even  the  peaceful  encroachments 
of  slavery  should  be  withstood  and  combated, 
with  all  the  means  and  powers  thus  placed  in 
his  hands.  While  he  put  on  his  robes  of  office, 
slavery  with  the  most  audacious  celerity  be 
came  treason,  then  open  rebellion,  and  to-day 
with  its  great  army  besieges  the  National  Cap 
ital — the  implacable  public  enemy  of  the  nation. 
Mr.  Lincoln,  unlike  Mr.  Buchanan,  did  indeed 
"put  his  hand  to  the  plough,"  and  with  a  just 
sense  of  his  position,  took  a  first  step  in  the  right 
direction — appealed  to  the  patriotism  of  the  na 
tion.  Instantly  it  became  apparent  enough  to 
whom  belonged  the  memories  of  the  Revolu 
tion,  and  the  inheritance  of  the  institutions  and 
government  founded  by  Washington  and  his 
compatriots.  The  lines  of  loyalty  were  found 
to  coincide  exactly  with  the  boundaries  of  sla 
very.  While  on  the  one  side  of  these  boun 
daries,  the  response  to  his  appeal  was  a  shout 
of  derision,  of  hatred  and  defiance  of  that  gov 
ernment,  on  the  other,  twenty  millions  of  free 
men,  acknowledging  it  as  their  most  precious 
possession,  with  one  heart  and  one  voice  rose 
up  to  its  defence.  Mr.  Lincoln  got  more  than 
he  asked.  With  urgent  alacrity,  the  nation  en- 


DOCUMENTS. 


61 


do  wed  its  government  with  all  its  possessions 
and  all  its  power.  An  array  of  the  sons  of  the 
people,  such  as  no  monarch  ever  owned,  has 
now  for  months,  with  burning  heart,  awaited 
its  orders  to  execute  the  righteous  judgment 
of  Eternal  Justice  against  the  great  treason. 
On  the  part  of  the  people  there  has  been  no 
shadow  of  failure — no  quailing — no  hesitancy. 
It  is  the  Government  only  that  seems  to  falter. 
There  runs  a  rumor  through  the  country,  that 
the  same  insidious,  treacherous  influences  which 
spellbound  Mr.  Buchanan  to  his  ruin  are  at 
this  very  hour  laying  close  siege  to  the  heart 
of  Mr.  Lincoln.  To-day,  it  is  said,  the  same 
old  arch-liar  and  deluder,  assuming  the  guise 
of  Kentucky's  love  of  the  Old  Union,  is  at  work 
blinding  the  eyes  and  binding  the  hands  of  the 
President,  and  so  expects  to  gain  the  time 
necessary  to  send  his  embassies  abroad,  and  en 
gage  the  services  of  other  and  mightier  forces 
to  achieve  for  him  the  conquest  he  seeks — our 
national  ruin.  In  the  presence  of  their  great 
sacrifices,  is  it  strange  that  this  rumor  should 
stir  all  loyal  hearts  with  an  inexpressible  an 
guish  and  indignation  ?  Abundantly  provided 
with  a  great  nation's  armed  strength  and  will 
to  vindicate  and  reestablish  God's  justice  and 
the  rights  of  human  nature  in  this  land,  and 
so  become  the  founder  of  a  grander  civilization 
and  well-being  than  ever  before  blessed  man 
kind,  no  man  in  any  age  of  history  ever  stood 
upon  a  subliuier  eminence  than  Mr.  Lincoln. 
If,  under  any  inducements,  from,  whence  soever 
they  may  arise,  whether  from  Kentucky,  the 
bottomless  pit,  or  the  impotency  of  his  own 
heart,  he  shall  prove  recreant  to  the  great 
trust,  and  cower,  and  finally  fail  in  his  great 
office,  God  pity  him !  for  what  words  would 
serve  adequately  to  portray  the  ignominy  of 
his  doom. 

Meantime,  if  one  may  believe  the  Washing 
ton  newspaper  reporters,  there  goes  on  at  the 
White  House  a  jovial  round  of  feasting,  flirting, 
and  dancing.  Hilarious  stories  are  repeated 
and  old  jokes  bandied  from  President  to  minis 
ter,  and  from  minister  to  President,  and  through 
the  wreaking  fumas  and  smoke  of  cabinet  coun 
cils,  no  official  eye  discerns  "  the  fingers  of  the 
hand "  that  comes  forth  to  write  upon  the 
wall. 

It  is  by  no  means  my  purpose  here  to  enter 
into  any  special  exposition  of  the  laws  of  war, 
but  only  to  indicate  a  few  general  principles, 
and  the  nature  of  the  powers  conferred  by  these 
laws  upon  every  form  of  government  in  a  state 
of  actual  war. 

According  to  the  highest  authorities  on  the 
laws  of  nations,  these  rights  and  powers  are  de 
rived  from  one  single  principle — from  the  ob 
ject  of  a  just  war,  which  is  to  prevent  or  punish 
injury  ;  that  is  to  say,  to  obtain  justice  by  force. 
"In  order,  therefore,  that  a  belligerent  power 
may  be  entitled  to  the  benefits  of  these  rights 
and  powers,  the  war  that  it  wages  must  be 
just,  and  prosecuted  for  a  just  and  legitimate 
end.  Thence,  the  end  being  lawful,  he  who  has 
SUP.  Doc.  5 


the  right  to  pursue  the  end,  has  the  right  to 
employ  all  the  means  necessary  for  its  attain 
ment,  provided  only  that  these  means  are  not 
in  themselves  contrary  to  the  laws  of  nature." 

"  That  is  to  say,  since  the  object  of  a  just 
war  is  to  suppress  injustice  and  compel  justice, 
we  have  a  right  to  put  in  practice  against  our 
enemy  every  measure  that  will  tend  to  weaken 
or  disable  him  from  maintaining  his  injustice. 
To  this  end,  we  are  at  liberty  to  choose  any 
and  all  such  methods  as  we  may  deem  most 
efficacious.  We  have  thence  a  right  to  deprive 
our  enemy  of  the  possession  of  every  thing 
which  may  augment  his  strength,  and  enable 
him  to  make  and  carry  on  the  war.  And  if 
that  of  which  we  have  a  right  to  deprive  our 
enemy  can  help  us,  we  have  a  right  to  convert 
it  to  our  own  use,  or  to  destroy  it,  whenever 
that  is  necessary  to  the  main  object,  which  is 
to  disable  our  enemy  and  destroy  the  cause  of 
the  war. 

"And  thence,  ultimately,  all  other  methods 
proving  insufficient  to  conquer  his  resistance, 
we  have  a  right  to  put  our  enemy  to  death. 
And  this  upon  the  simple  ground,  that  if  we 
were  obliged  to  submit  to  his  wrong  rather 
than  hurt  him,  good  men  would  inevitably  be 
come  the  prey  of  the  wicked." 

"  Under  the  name  of  enemy  is  comprehended 
not  only  the  first  author  of  the  war,  but  like 
wise  all  those  who  join,  abet,  or  aid  in  the  sup 
port  of  his  cause.  So  also,  as  between  belliger 
ent  powers  actually  at  war,  all  rights,  claims, 
and  liabilities  affect  the  whole  body  of  the  com 
munity,  together  with  every  one  of  its  mem 
bers." 

At  this  moment,  slavery  having  organized  its 
powers  into  a  regular  form  of  government,  with 
all  the  functions  of  sovereignty,  and  embodied 
and  sent  into  the  field  a  military  force,  if  not 
equal  to  that  of  a  first-class  European  power, 
formidable  enough  to  hold  in  check  the  great 
army  of  the  nation,  it  is  difficult  to  comprehend 
what  real  advantage  can  possibly  arise  to  the 
national  cause  in  ignoring  the  fact,  and  con 
ducting  the  great  struggle  on  the  theory,  which 
seems  to  prevail  in  the  Washington  Cabinet, 
that  the  rebellion  is  but  a  temporary  insurrec 
tion  and  not  a  civil  war.  To  the  rebels  them 
selves  and  their  concealed  allies  in  the  loyal 
States  there  inure  great  benefits  from  this  the 
ory.  For  while  slavery  is  left  free  to  hurl  its 
deadly  missiles  at  the  nation's  heart,  the  aBtris 
of  the  Constitution  is  made  to  cover  and  protect 
the  heart  of  the  great  treason.  On  the  other 
hand  if,  in  spite  of  all  constitutional  or  legal 
quibbles,  this  is  a  real  war — a  civil  war,  then 
the  rights  and  powers  arising  under  the  laws  of 
war  clearly  belong  to  the  National  Government, 
are  indeed  as  truly  within  the  purport  of  the 
Constitution,  as  if  conferred  by  express  pro 
vision,  and  in  the  words  of  our  wisest  states 
man,  JOHN  QUINOY  ADAMS,  "abundantly  suffi 
cient  to  hurl  the  institution  into  the  gulf.'1'1 

While  slavery  remained  upon  its  own  ground, 
obedient  to  the  Constitution,  a  due  regard  for 


62 


REBELLION  RECORD,  1860-61. 


the  requirements  of  tlmt  instrument  might  just 
ly  be  held  to  restrain  the  National  Government 
from  dealing  witli  it,  as  in  its  own  nature  it  de 
served.  But  the  moment  it  threw  off  its  obli 
gations  to  the  Constitution,  and  set  at  defiance 
the  authority  of  the  nation,  the  question  of  its 
existence  became  wholly  discharged  of  all  con 
stitutional  prohibitions  and  restraints;  and 
from  thenceforth  the  National  Government  was 
imperatively  bound  to  take  possession  of  it  as  a 
pational  affair;  to  deal  with  it,  as  with  any 
other  question  vitally  affecting  the  national 
well-being,  on  its  own  merits,  and  dispose  of 
it  with  an  enlightened,  fearless,  and  far-reaching 
statesmanship. 

But  what  a  bottomless  slough  of  absurdities, 
are  even  honest  men  compelled  to  swelter  in, 
when  once  they  have  put  their  hand  in  that  of 
slavery,  and  allowed  themselves  to  be  led  by  it ! 
It  is  said  the  rebels  have  indeed  committed  a 
great  outrage  upon  the  Constitution,  but  that 
that  is  no  reason  why  the  loyal  people  of  the 
Union,  and  their  Government,  should  do  the 
same  thing  by  abolishing  slavery,  the  Constitu 
tion  containing  no  express  provision  giving  them 
that  power.  As  if  the  Constitution  did  contain 
an  express  provision  authorizing  the  blockade 
of  Southern  ports,  or  filling  them  up  with  stone- 
filled  hulks— the  burning  of  the  rebels'  dwell 
ings,  imprisoning  and  slaying  his  white  chil 
dren,  and  sweeping  his  whole  land  with  the 
besom  of  destruction.  Only  one  act,  it  seems, 
imposed  by  the  terrible  exigencies  of  war,  is  un 
constitutional,  and  that  i?,  the  destruction  of 
its  cause,  Slavery !  No  wonder  that  the  great 
heart  of  the  world  swells  with  a  suppressed 
shout  of  derision  at  such  acumen  and  states 
manship.  WAR  and  its  laws  alone,  justify  and 
make  constitutional  any  of  these  acts.  And 
much  more  do  they  justify  and  command  the 
utter  extinction  of  its  acknowledged  cause. 

War  has  been  justly  termed  the  "  scourge  of 
God."  And  regarding  it  from  the  grounds  of 
the  broadest  Christian  statesmanship,  it  m:iy, 
indeed,  be  pronounced  an  evil  in  itself,  in  its 
own  nature,  so  enormous,  as  never  to  be  justi 
fiable  except  on  the  ground  that  the  continued 
existence  of  its  cause  is  a  still  greater  evil.  I 
believe  the  universal  conscience  of  Christendom, 
If  appealed  to,  would  confirm  this  position.  To 
destroy  the  existence  of  the  cause,  is  then  the 
only  legitimate  aim  and  end  in  the  prosecution 
of  any  war.  It  follows,  that  a  war  carried  on 
for  any  other  purpose,  or  with  any  other  intent 
than  thnt  of  destroying  or  removing  its  cause, 
is  not  only  unjustifiable,  but  a  great  mistake,  or 
a  great  crime.  Only  on  the  ground  that  sla 
very,  the  admitted  cause  of  the  present  war,  is 
surn  an  evil,  and  that  the  war  is  aimed  at  its 
extinction,  can  it  be  justified  before  God  and 
mankind. 

The  existence  of  an  apparent  doubt  on  this 
point  in  the  minds  of  the  men,  upon  whom 
rests  the  momentous  responsibility  of  conduct 
ing  the  war  to  its  highest,  grandest  issues;  and 
their  paltering  hesitancy  to  carry  it  on,  upon 


its  own  basis,  as  WAR,  and  for  the  achievement 
of  a  great  and  just  end,  is  the  source  of  dis 
heartening  anxieties  and  doubts,  that  wound 
and  stagger  the  popular  confidence  of  the  loyal 
States.  Nor  is  this  by  any  means  its  only  mis 
chief.  It  gives  occasion  for  an  undeserved  de 
famation  of  Republican  Institutions,  and  con 
tempt  of  our  national  ch:iracter  and  aims 
abroad,  that  threaten  us  with  the  loss  of  the 
respect  of  other  nations,  if  not  with  their  active 
hatred  and  hostility. 

Nor,  on  another  ground  than  any  hitherto 
set  forth,  can  this  paramount  question  be  any 
longer  left  to  be  trifled  with  by  epauletted  offi 
cials,  high  or  low,  without  peril  to  the  suprem 
acy  of  the  civil  power  of  the  nation,  and  shame 
to  the  representatives  of  the  people.  The 
powers  conferred  by  the  laws  of  war  belong, 
primarily,  to  the  supreme  authority  of  the 
State,  and,  under  our  form  of  government,  by 
no  means,  without  its  authorization,  to  any  one 
of  its  administrative  or  executive  functionaries. 
The  Constitution  itself  takes  on  these  powers, 
and  Congress  is  its  proper  organ  for  their  dis 
tribution — for  giving  them  practical  authority. 
Besides  the  fact,  that  tli«  legislative  power  is 
alone  adequate  to  the  determination  of  the 
great  question — is  alone  adequate  to  foresee 
and  provide  for  the  future  of  the  slave  as  well 
as  of  the  nation — it  is  the  most  sacred  duty  of 
the  people's  representatives,  in  the  presence  of 
the  great  military  force  called  forth  by  the  ex 
igencies  of  the  hour,  to  watch  with  a  most 
jealous  eye  every  attempt  of  its  chiefs  to  over 
step  their  function,  as  the  arm  ar.d  servant  of 
the  civil  power.  Most  calamitous  and  deplor 
able,  indeed,  would  it  be,  if  the  war  to  restore 
the  external  unity  of  the  nation  should  end, 
not  only  in  reinstating  its  cause,  as  a  supreme 
power  in  the  State,  but  in  giving  the  people  a 
military  autocrasy  for  their  free  republican  in 
stitutions.  In  a  war  carried  on  for  the  main 
tenance  of  authority  only — for  empire  merely, 
this  is  an  evil  consequence,  greatly  to  be  feared. 
On  the  other  hand,  let  your  battle  be  for  a 
great  IDEA — let  your  army  be  inspired  by  a 
great  sentiment  of  human  justice  and  liberty, 
and  the  danger  is  cut  off  at  its  very  source. 

But  why  should  the  people  of  the  United 
States,  or  their  Government,  seek  to  shuffle  off 
the  u  inevitable  logic  of  events,"  or  squander 
the  providences  of  God  1  The  conspirators 
against  the  life  of  the  nation  plant  themselves 
openly,  squarely,  on  the  ground  of  slavery. 
The  war  they  wage  is  trammelled  by  no  men 
tal  or  moral  reservations,  no  ambiguity  of  pur 
pose.  To  make  slavery  triumph  on  this  conti 
nent,  and  to  found  upon  it  a  social  order  and  a 
State,  is  their  loudly-vaunted  aim  in  its  prose 
cution.  The  malign  spirit  has  taken  complete 
possession  of  their  souls;  they  believe  in  it, 
are  terribly  in  earnest  about  it.  ready  to  die 
for  it !  On  the  other  side,  on  the  part  of  the 
nation  and  its  Government,  what  great  purpose 
is  set  forth  to  justify,  inspire,  and  sustain  them, 
in  the  prosecution  of  so  gigantic  a  struggle? 


DOCUMENTS. 


63 


Is  it  to  restore  the  rebellious  States  to  the 
Union,  and  slavery  to  the  safeguards  of  the 
Constitution  ?  To  reestablish  the  fatal,  malig 
nant  evil,  not  only  in  all  its  original  power,  but 
from  the  very  nature  of  things  to  give  it  re 
newed  strength  and  vigor !  For  they  fall  into 
a  most  pernicious  error  who  imagine,  that  in 
some  accidental  or  fortuitous  way,  slavery  is  to 
receive  its  death-wound  in  this  war,  even  al 
though  it  may  end  in  its  reestablishment.  Let 
no  such  monstrous  delusion  be  entertained. 
The  ethical  Providence  of  the  world  never  re 
turns  upon  its  own  footsteps.  God  wastes  not 
a  single  one  of  His  dispensations,  repeats  not 
one  of  man's  neglected  opportunities.  Slavery 
must  die,  and  die  now,  by  the  enlightened  will 
of  the  nation,  or  the  nation  itself  must  die — 
must  have  its  own  heart  eaten  out  by  its  poi 
sonous,  deadly  virus. 

But  without  reference  to  this  inevitable  and 
final  consummation,  what  a  solecism  in  human 
affairs  does  this  war  present,  when  viewed 
from  its  own  ground,  as  war,  in  the  light  of  its 
own  logic !  In  the  history  of  the  world  was  it 
ever  before  proposed  to  "  conquer  a  peace  "  by 
carefully  maintaining  the  cause  of  the  war? 
"Was  it  ever  before  proposed  "  to  weaken  and 
disable  "  a  powerful  enemy  by  becoming  the 
keeper,  and  enforcing  the  labor,  of  four  mill 
ions  of  his  subjects,  for  his  sole  benefit  and 
support?  To  "overcome  his  resistance"  by 
compelling  a  supply  of  the  very  means  without 
which  he  would  become  utterly  helpless? 
Suppose,  for  an  instant,  that  these  four  millions 
of  unwilling  workers,  from  whose  labor  the  en 
emy  draws  his  daily  sustenance,  were  in  a 
night  to  have  the  color  of  their  skin  changed  to 
the  Caucasian  hue,  and  these  white  men  were 
to  send  a  message  to  the  commander-in-chief 
of  our  armies,  that  they  were  loyal  men,  lovers 
of  liberty  and  the  Union,  and  only  awaited  his 
permission  to  rise  in  their  might  and  with  one 
fell  swoop  destroy  the  cause  of  the  war,  and 
the  malignant  power  of  the  enemy.  And  sup 
pose*  that  this  comrnander-in-chief  should  re 
fuse  the  proffered  assistance,  and  insist  that  his 
constitutional  duty  was,  to  employ  his  great 
army  in  standing  guard  over  these  willing  al 
lies  of  the  nation,  and  compelling  them  to  serve 
and  support  its  implacable  enemy.  What  judg 
ment  would  a  skilful  strategist,  an  able  gen 
eral,  pass  on  such  a  plan  for  carrying  on  a  great 
war  ?  What  would  be  the  sentence  of  the  na 
tion  and  of  mankind  on  such  patriotism  and 
statesmanship?  And  yet,  is  not  this  a  sober 
statement  of  the  facts,  as  they  present  them 
selves  at  this  moment,  with  this  difference  only 
— that  the  men,  who,  the  other  day,  with  cries 
of  joy,  ran  to  embrace  our  army  on  the  shores 
of  Port  Royal  while  its  enemy  fled,  had  not  all 
cuticles  of  the  supposed  color  ? 

By  what  unparalleled  infatuation  is  it,  that 
even  yet,  after  all  the  overwhelming  proofs  of 
the  execrable  character  of  slavery,  the  under 
standings  and  hearts  of  our  public  men  are  en 
thralled  and  awed  in  its  presence — bound  ab 


jectly,  as  by  a  spell  of  Circe,  to  cringe  and  bow 
to  its  diabolical  intimations.  Under  the  pres 
sure  of  the  great  exigency  created  by  it,  our 
rulers  have  not  hesitated  to  set  aside  the  most 
sacred  rights  guaranteed  by  the  Constitution. 
In  the  name  of  national  safety  they  have  not 
hesitated  to  suspend  the  great  writ  of  freedom, 
the  habeas  corpus,  for  two  hundred  years  held 
sacred  by  all  men  speaking  the  English  tongue, 
and  to  put  manacles  on  the  hands  of  American 
citizens.  But  to  refuse  any  longer  to  stand 
guard  over  the  rebel's  slave,  or,  in  the  name  of 
liberty,  the  rights  of  human  nature  and  of  na 
tional  existence,  to  permit  his  shackles  to  be 
knocked  off,  is  a  thing  only  to  be  thought  of 
with  fear  and  trembling — to  be  excused  by  all 
sorts  of  phrases,  and  to  be  waited  for,  until  it 
gets  itself  transacted  in  some  way  not  to  excite 
the  latent  treason  of  the  half-suppressed  rebels 
of  the  Border  States,  who,  in  the  name  of  the 
old  master,  slavery,  and  with  the  old  insolence, 
are  still  permitted  to  dictate  the  policy  of  the 
national  Government,  and  give  the  word  of 
command  to  the  national  armies.  While  the 
earnest  convictions  of  the  loyal  people  of  the 
free  States,  who  furnish  these  armies,  are  flout 
ed  as  fanatical  and  not  to  be  regarded,  on  the 
ground,  apparently,  that  their  patriotism  and 
love  of  country  are  unconditional. 

Is  it  not  time,  O  men  of  America,  rightful 
heirs  of  the  great  inheritance,  that  we  should 
rouse  ourselves  to  a  sense  of  the  true  nature 
of  the  enemy  we  have  to  overcome,  and  of  the 
deadly  perils  that  environ  us?  Look,  I  beseech 
you,  at  the  battle-field,  upon  which  we  are  called 
to  pour  out  the  blood  of  our  sons — for  who  of 
us  has  not  there  a  dear  son  ? — what  a  spectacle 
does  it  present!  On  the  one  hand  stands  the 
great  army  of  slavery,  openly,  boldly,  proudly, 
in  the  name  of  SLAVERY,  warring  tor  its  tri 
umph.  On  the  other  hand  stands  the  army 
of  freedom,  covertly,  abjectly,  in  the  name 
of  Union,  waging  u  a  vague  and  aimless  fight," 
but  still  for  SLAVERY  ! ! 

"  One  guards  through  love  its  ghastly  throne, 
And  one  through  fear  to  reverence  grown." 

How,  think  you,  must  such  a  battle  end? 
Shall  riot  slavery,  that  "dares  and  dares  and 
dares,"  not  rather  triumph,  than  liberty  that 
cowers  and  hides  herself?  Or,  rnther,  shall 
not  liberty  disown  the  cowardly,  craven  souls, 
that  dare  not  fight  openly  in  her  name,  and 
yield  them  np  to  become,  in  very  fact,  the 
"  mudsills  "  of  that  hideous  throne  they  so  rev 
erence  ? 

We  may  not  flatter  ourselves:  on  this  plan 
of  the  battle  we  need  not  hope  to  conquer. 
The  inestimable  sacrifices  we  offer  will  be  but 
vain  oblations.  To  the  Eternal  Justice  there  is 
no  sweet  savor  in  them.  O  friends,  we  must 
not  allow  our  children  to  be  so  driven  u  like 
dumb  cattle  "  to  the  shambles.  Let  us  demand 
an  open  fight  on  the  ground  of  the  great  decla 
ration  :  "  ALL  MEN  ARE  CREATED  EQUAL,  EN 
DOWED  BY  THEIR  CREATOR  WITH  THE  INALIEN- 


64 


REBELLION   RECORD,    1860-61. 


ABLE  RIGHTS  OF  LIFE,  LIBERTY,  AND  THE  PURSUIT 

OF  HAPPINESS."  Only  in  the  strength  of  the  great 
idea  which  it  contains,  have  we  the  right  even 
to  ask  to  conquer.  Only  in  its  name  dare  we 
send  forth  our  brave  sons  to  die.  Only  with 
the  consolation  that  they  fell  in  the  cause  of 
liberty  and  the  rights  of  humanity,  shall  we  be 
able  to  assuage  the  griefs  that  must  wring  and 
break  our  hearts  at  their  loss. 

And  you,  ELECT  of  the  people,  who  but  now 
so  eagerly  persuaded  them  that  you  were  the 
qualified  of  God,  and  fit  to  keep  watch  and 
ward  at  the  doors  of  that  CAPITOL,  the  chosen 
temple  of  liberty  and  the  rights  of  humanity  on 
this  continent — is  it  not  time  that  you  should 
lift  yourselves  to  the  level  of  the  great  issue  ? 
In  the  ethical  evolutions  of  our  national  history, 
a  second  great  ERA  presents  itself — another 
"  time  to  try  men's  souls  "  stands  face  to  face 
•with  the  present  hour.  The  question  is  not 
now,  as  a  high  official  personage  seems  to  think, 
a  merely  technical,  attorney  one,  of  construing 
the  letter  of  the  Constitution,  but  of  refounding 
the  nation,  and  rehabilitating  the  national  in 
stitutions  and  Government.  Slavery  by  its  own 
act  has  outlawed  itself.  The  determination  of 
its  future  status  settles  the  whole  matter  in  issue. 
To  restore  it  now  to  the  Union — to  receive  it 
again  under  the  guarantees  of  the  Constitution, 
would  be  nothing  less  than  to  refound  the  na 
tion  upon  it — to  make  it  the  basis  of  our  na 
tional  institutions  and  the  corner-stone  of  our 
future  civilization  and  history.  This  calami 
tous  consequence  is  of  the  very  nature  of  things, 
and  can  by  no  means  be  evaded  when  once  the 
ignominious  restitution  shall  have  been  accom 
plished. 

Beside,  who,  except  those  "  that  Lave  eyes 
and  see  not,"  can  fail  to  understand  the  provi 
dential  intimation.  These  colored  men  of  the 
South  are  the  men  whose  blood  should  pay  the 
price  of  their  own  redemption.  If,  in  the  pres 
ent  supreme  hour,  "there  can  be  no  salvation 
without  the  shedding  of  blood,"  they  also  should 
have  the  privilege  of  making  the  great  sacrifice. 
It  is  the  needed  discipline  and  necessary  prepa 
ration  for  the  possession  of  freedom,  that  they 
who  seek  it  should  be  willing  to  die  for  it.  It 
is  for  you  to  give  them  the  opportunity — to 
organize  and  guide  them  into  the  ways  of  civil 
ized  warfare,  instead  of  leaving  them  to  grow 
into  an  irrepressible  mass  of  barbarism,  by  and 
by  to  burst  into  a  wild  and  all-devouring  con 
flagration.  For  the  sake  of  our  common  human 
ity,  it  is  your  most  sacred  duty  to  take  posses 
sion  of  their  destiny,  bound  up  as  it  is  with  that 
of  the  nation,  and,  by  your  wisdom  and  fore 
sight,  guide  them  on  their  road  to  freedom,  and 
ours  to  national  regeneration  and  glory. 

Hitherto,  we  have  been  able  to  answer  to  the 
reproaches  of  our  fellow-men,  on  account  of 
slavery,  that  its  existence  ante-dated  the  exist 
ence  of  the  nation,  and  that  it  was  but  an  ex 
traneous  incident  in  its  history,  for  which  the 
founders  were  not  responsible.  But  if  now  it 
shall  be  voluntarily  taken  back  into  the  bosom 


of  the  nation,  we  shall  deserve,  as  we  shall  most 
surely  receive,  the  open  scorn  of  all  mankind 

But  why  should  we  not,  in  this  imminent 
crisis  of  our  national  existence,  lay  to  heart  the 
great  lesson  of  the  ages — that  the  eternal  Provi 
dence,  that  shapes  all  human  will  and  effort 
into  history,  even  from  a  necessity  of  its  own 
nature,  cannot  do  otherwise  than  pursue,  with 
an  unappeasable  divine  hostility,  all  fake  pre 
tences  and  lies— cannot  do  otherwise  than  blast, 
with  a  celestial,  eternal  hatred,  the  grandest 
human  structures  attempted  on  such  founda 
tions — sending  false  nations  as  easily  as  false 
men  to  judgment  and  eternal  doom. 

Many  centuries  ago,  in  another  far-off  land, 
a  favored  people  stood,  like  us,  in  the  very 
pitch  of  a  great  national  crisis.  The  all-benefi 
cent  Providence  had  presented  to  them,  like 
wise,  the  opportunity  of  refounding  their  nation 
ality  upon  a  basis  of  eternal  truth — that  "truth 
whereby  all  men  are  made  free."  The  final 
question  was  put  to  them  with  the  same  terri 
ble  emphasis  that  to-day  is  put  to  us  :  "  Whom 
will  TE  have,  Barabbas  or  JESUS  called  the 
Christ  ?"  "  Not  lie,"  they  cried,  "  but  Barabbas. 
Away  with  him  to  the  cross;  B;irabbas  is  our 
man — give  us  Barabbas."  And  they  got  Barab 
bas,  and  with  him  such  guidance  as  a  thief  and  a 
liar  had  to  give.  We  know  the  result.  A  na 
tion  for  whom  the  Delta  Logoi  had  been  written 
by  God's  own  finger — who  had  stood  at  the 
nether  part  of  the  mount  and  seen  with  their 
own  eyes  "that  God  answered  with  a  voice  ;  " 
— a  people  who  had  Abraham  to  their  father, 
and  a  long  line  of  divinely  inspired  men  for 
teachers  and  guides ;  after  eighteen  hundred 
years  of  perpetual  dispersion  and  dilapidation, 
from  the  hour  of  that  fatal  choice,  are  now,  it 
is  said,  "  prophetically  crying  '  old  clo',  old  clo',' 
in  all  the  cities  of  the  world." 

And  to-day,  even  in  this  very  hour,  in  all  the 
thoroughfares  of  the  people,  upon  the  very 
threshold  of  that  capitol  where  you,  their  ELECT, 
deliberate  to  become  more  renowned  than  any 
Roman  Senate,  or  to  sink  into  ignominious  con 
tempt  and  forgetful  ness,  stands  the  old  Inexorable 
Questioner,  and  demands  a  right  true  answer 
to  the  final,  fateful  question,  "Whom  will  yd 
serve,  slavery  or  FREEDOM?  " 


Doc.  11. 

AEE    SOUTHERN    PRIVATEERSMEtf 
PIRATES. 

LETTER  TO  HON.  IRA  HARRIS,  U.  8.  SENATOR. 

BY    CHARLES    P.    DALY,    LL.D. 

New  York,  December  21,  1861. 

DEAR  SIR  :  In  compliance  with  your  request 
at  our  conversation  in  Washington,  I  will  put 
in  writing  the  reasons  why  the  Southern  pri- 
vateersmen  should  be  regarded  as  prisoners  of 
war,  and  not  as  pirates. 

Privateering  is  a  lawful  mode  of  warfare,  ex 
cept  among  those  nations  who,  by  treaty,  stip- 


DOCUMENTS. 


65 


ulate  that  they  will  not,  as  between  themselves, 
resort  to  it.  Pirates  are  the  general  enemies 
of  all  mankind — Jiostes  humani  generis;  but 
privateersmen  act  under  and  are  subject  to  the 
authority  of  the  nation  or  power  by  whom  they 
are  commissioned.  They  enter  into  certain  se 
curities  that  they  will  respect  the  rights  of  neu 
trals  ;  their  vessel  is  liable  to  seizure  and  con 
demnation  if  they  act  illegally,  and  they  wage 
war  only  against  the  Power  with  which  the 
authority  that  commissioned  them  is  at  war. 
A  privateer  does  no  more  than  is  done  by  a 
man-of-war,  namely,  seize  the  vessel  of  the  ene 
my,  the  prize  or  booty  being  distributed  as  a 
reward  among  the  captors.  The  only  difference 
between  them  is,  that  the  vessel  of  war  is  the 
property  of  the  Government,  manned  and  main 
tained  by  it,  whilst  the  other  is  a  private  enter 
prise,  undertaken  for  the  same  general  purpose, 
and  giving  guarantees  that  it  will  be  conducted 
according  to  the  established  usages  of  war.  In 
short,  one  is  a  public,  the  other  a  private  vessel- 
of-\var,  neither  of  which  acquires  any  right  to  a 
prize  taken,  until  the  lawfulness  of  the  capture 
is  declared  by  a  competent  court,  under  whose 
direction  the  thing  taken  is  condemned  and 
sold,  and  the  proceeds  distributed  in  such  pro 
portion  as  the  law  considers  equitable.  The 
Government  of  the  United  States  declined  to 
become  a  party  to  the  international  treaty  of 
Paris,  in  1856;  and  therefore  the  whole  people 
of  the  United  States — as  well  those  who  are 
now  maintaining  the  Government  as  those  who 
are  in  rebellion  against  it — have  never  agreed 
to  dispense  with  privateering.  It  is  not  our 
interest  to  do  so.  We  are  a  maritime  people, 
with  a  large  extent  of  sea-coast,  which,  whilst 
it  leaves  us  greatly  exposed  to  attacks  by  sea, 
at  the  same  time  affords  facilities  that  render 
privateering,  to  us,  one  of  our  most  effective 
arms  in  warfare.  This  was  the  case  in  our  con 
test  with  England  in  1812 ;  and  should  a  war 
now  grow  out  of  the  affair  of  the  Trent,  priva 
teering  would  be  indispensable,  to  enable  us  to 
cope  with  so  formidable  a  Power  as  that  of 
Great  Britain. 

A  great  deal  has  been  written  against  this 
mode  of  warfare,  but  nations,  like  individuals, 
act  upon  the  instinct  of  self-preservation,  and 
avail  themselves  of  the  natural  defences  which 
grow  out  of  their  situation ;  and  a  system, 
therefore,  which  enables  us  to  keep  but  a  small 
navy  in  peace  and  improvise  a  large  one  in  war, 
will  never  be  relinquished,  because  nations  who 
have  every  thing  to  lose,  or  little  to  gain,  by 
its  continuance,  desire  that  it  should  be  gen 
erally  abolished. 

Being  then  a  legitimate  mode  of  making  war, 
what  is  the  difference  between  the  Southern 
soldier  who  takes  up  arms  against  the  Govern 
ment  of  the  United  States  on  the  land,  and  the 
Southern  privateersman  who  does  the  same 
upon  the  water?  Practically  there  is  none,  and 
if  one  should  be  held  and  exchanged  as  a  pris 
oner  of  war,  the  other  is  equally  entitled  to  the 
privilege.  The  court  before  which  the  crew  of 


the  Jefferson  Dams  were  convicted  as  pirates, 
held  that  they  could  not  be  regarded  as  pri 
vateers,  upon  the  ground  that  they  were  not 
acting  under  the  authority  of  an  independent 
State,  with  the  recognized  rights  of  sover 
eignty.  This  objection  applies  equally  to  the 
man-of-wars-men  in  the  Southern  fleets,  and  to 
every  soldier  in  the  Southern  army,  none  of 
whom  are  acting  under  the  authority  of  a 
recognized  government.  The  Constitution  de 
fines  treason  to  be  the  levy  ing  of  war  against 
the  United  States,  and  the  giving  of  aid  and 
comfort  to  its  enemies.  All  of  them  are  en 
gaged  in  doing  this.  The  guilt  of  the  one  is 
precisely  the  same  as  that  of  the  other.  There 
is  not  and  cannot  be,  in  this  respect,  any  differ 
ence  between  them.  "Why  then  is  the  mariner 
distinguished  from  the  soldier,  as  pursuing  the 
infamous  calling  of  a  pirate  ?  If,  as  the  courts 
have  held,  he  cannot  be  considered  as  a  priva 
teersman  from  the  want  of  the  authority  of  a 
recognized  government,  does  it  necessarily  fol 
low  that  he  is  or  must  be  a  pirate?  The  pirate 
is  the  Ishmaelite  of  the  ocean,  submitting  to  no 
law  and  recognizing  no  authority,  human  or  di 
vine  ;  an  outlaw,  setting  all  the  restraints  of 
society  at  defiance,  whose  object,  unrelieved  by 
any  other  motive,  is  plunder,  and  who  in  the 
attainment  of  that  object  hesitates  at  no  extent 
of  wickedness.  Is  this  the  position  of  the 
Southern  privateersman  ?  It  was  shown  in  the 
case  of  the  Jefferson  Davis,  that  all  the  formal 
ities  which  governments  require  in  the  fitting 
out  of  privateers  had  been  scrupulously  com 
plied  with,  a  fact  which  indicates  that  the 
Southern  privateersman  holds  a  very  different 
position  from  that  of  the  marine  freebooter, 
inasmuch  as  he  is  acting  under  the  authority 
and  is  subject  to  the  control  of  what  he  at  least 
regards  as  a  government.  His  true  position  is 
that  of  a  rebel  upon  the  ocean.  As  a  mariner 
it  is  the  sphere  of  his  activity,  and  its  pursuits 
are  those  on  which  he  depends  for  a  livelihood; 
and  though  it  be  conceded  that  he  is  attracted 
to  the  kind  of  service  upon  which  he  enters  by 
the  hope  of  large  pecuniary  profits,  is  he  not  as 
well  as  the  soldier  entitled  to  the  consideration 
that  he  may  also  be  influenced  by  a  mixed  mo 
tive?  It  is  the  motive  that  settles  whether  an 
act  is  criminal  or  not.  It  is  by  that  test  that 
we  determine,  in  the  taking  of  property  by 
force,  whether  the  act  was  a  robbery  or  a  tres 
pass.  Judging  the  Southern  mariner  then  by 
this  standard,  can  we  say  that  he  is  not  swayed 
by  the  same  passions,  influenced  by  the  same 
excitement,  and  imbued  with  the  same  political 
opinions,  that  have  led  such  a  multitude  of  men 
to  take  part  in  this  rebellion  ?  And  if  he  is, 
does  not  that  distinguish  him  from  the  common 
criminal? 

The  act  which  he  has  committed — that  of 
rising  in  arms  to  overthrow  the  Government, 
and  to  sever  one  part  of  its  territory  from  the 
rest — is  more  injurious  to  the  nation  than  any 
damage  that  can  be  inflicted  by  the  predatory 
acts  of  the  pirate.  It  is  the  gravest  and  weigh- 


66 


REBELLION  RECORD,   1860-61. 


tiest  offence  that  a  citizen  can  commit;  but 
mankind  have  always  distinguished  between 
political  offences  and  meaner  and  more  merce 
nary  crimes,  a  distinction  which  Coke,  the  pro- 
foundest  of  English  jurists,  had  in  view  when 
he  says  that  "  those  things  which  are  of  the 
highest  criminality  may  be  of  the  least  dis 
grace."  Of  this  political  offence  the  Southern 
privateersman  is  guilty,  but  he  is  not  a  pirate, 
and  the  inconsistency  of  attempting  to  treat 
him  as  such  is  forcibly  illustrated  by  a  case  in 
point  from  our  own  annals.  On  the  breaking 
out  of  the  American  revolution  a  number  of 
privateers  were  equipped  by  the  colonists,  first 
under  the  sanction  of  the  State  of  Massachu 
setts,  and  afterward  by  the  authority  of  Con 
gress;  and  on  the  28th  of  February,  1777,  an 
act  was  passed  by  the  British  parliament,  under 
the  provisions  of  which  any  colonist,  taking 
part  in  privateering,  was  declared  to  be  a 
pirate ;  and  if  taken,  he  was  to  be  committed 
by  any  magistrate  to  the  common  jail  upon  the 
charge  of  piracy,  and  there  detained  until 
the  king  or  privy  council  should  determine 
•whether  it  was  expedient  or  not  to  try  him  for 
that  offence.  This  act,  which  was  framed  by 
Lord  Thurlow,  a  man  of  an  unscrupulous,  arbi 
trary,  and  despotic  character,  was  strenuously 
opposed  upon  its  passage  by  Fox,  Dunning, 
Barre,  and  all  the  liberal  members  of  parlia 
ment,  and  was  denounced  by  Burke  in  the  se 
verest  terms  in  his  celebrated  letter  to  the 
sheriffs  of  Bristol :  u  The  persons,"  he  said, 
"  who  make  a  naval  war  upon  us  in  consequence 
of  the  present  troubles,  may  be  rebels ;  but  to 
call  or  treat  them  as  pirates,  is  to  confound  the 
natural  distinction  of  things,  and  the  nature  of 
crimes.  *  *  The  general  sense  of  mankind 
tells  me  that  those  offences  which  may  possibly 
arise  from  mistaken  virtue,  are  not  in  the  class 
of  infamous  actions ;  "  and  he  further  remarked 
that  if  Lord  Balmanno,  in  the  Scotch  rebellion, 
had  driven  off  the  cattle  of  twenty  clans,  he 
would  have  thought  it  a  low  juggle,  unworthy 
of  the  English  judicature,  to  have  tried  him  for 
felony  as  a  stealer  of  cows.  The  act  was  suc 
cessively  renewed  every  year  until  near  the 
close  of  the  war ;  and  during  that  period  some 
two  hundred  and  thirty  persons  wrere  detained 
under  it  in  the  English  jails.  But  as  a  pre 
ventive  measure  it  accomplished  nothing.  Pri 
vateering  continued  unabated,  and  at  last  the 
persons  so  confined  were  exchanged  under  an 
act  introduced  through  the  influence  of  Gen 
eral  Burgoyne. 

As  all  who  have  participated  in  the  rebellion 
are  alike  guilty  of  the  same  political  offence, 
and  as  there  is  in  point  of  fact  no  difference 
between  them,  the  question  then  arises — is 
every  seaman  or  soldier  taken  in  arms  against 
the  Government  to  be  hung  as  a  traitor  or 
pirate  ? 

If  the  matter  is  to  be  left  to  the  courts,  con 
viction  and  the  sentence  of  death  must  follow 
in  every  instance.  In  the  case  of  the  Jefferson 
Davis,  the  court  said,  that  during  civil  war,  in 


which  hostilities  are  prosecuted  on  an  extended 
scale,  persons  in  arms  against  the  established 
government,  captured  by  its  naval  and  military 
forces,  are  often  treated,  not  as  traitors  or 
pirates,  but  according  to  the  humane  usages  of 
war.  They  are  detained  as  prisoners  until  ex 
changed  or  discharged  on  parole,  or  if  surren 
dered  to  the  civil  authorities  and  convicted, 
they  are  respited  or  pardoned  ;  but  the  court 
said  that  this  was  a  matter  with  which  courts 
and  juries  had  nothing  to  do.  That  it  was 
purely  a  question  of  governmental  policy,  de 
pending  upon  the  decision  of  the  executive  or 
legislative  departments  of  the  Government,  and 
not  upon  its  judicial  organs. 

If  this  view  be  correct,  the  disposition  of  this 
matter  rests  exclusively  with  the  Government, 
and  its  decision  must  be  pronounced  sooner  or 
later,  as  every  day  increases  the  complication  and 
difficulty  growing  out  of  the  present  state  of 
things.  Are  the  courts  to  go  on  ?  Is  the  Gov 
ernment  prepared  to  say  that  every  man  in 
arms  against  the  United  States,  upon  the  land 
or  upon  the  water,  is  to  be  tried  and  executed 
as  a  traitor  or  pirate  ? — either  upon  the  ground 
that  it  is  right,  or  upon  the  supposition  that  it 
will  prove  an  effective  means  of  suppressing 
this  rebellion  ?  That  policy  was  tried  by  the 
Duke  of  Alva,  in  the  revolt  of  the  seven  prov 
inces  of  the  Netherlands,  and  eighteen  thou 
sand  persons,  by  his  orders,  suffered  death  upon 
the  scaffold  ;  the  result  being  a  more  desperate 
resistance,  the  sympathy  of  surrounding  na 
tions,  and  the  ultimate  independence  of  the 
Dutch. 

Neither  the  Constitution  of  the  United  States, 
nor  the  act  against  piracy,  was  framed  in  view 
of  any  such  state  of  things  as  that  which  now 
exists.  The  civil  war  now  prevailing  is,  in  its 
magnitude,  beyond  any  thing  previously  known 
in  history.  The  revolting  States  hold  posses 
sion  of  a  large  portion  of  the  territory  of  the 
Union,  embracing  a  great  extent  of  sea-coast, 
and  including  some  of  our  principal  cities  and 
harbors.  They  hold  forcible  possession  of  it  by 
means  of  an  army  estimated  at  four  hundred 
thousand  men,  and  are  practically  exercising 
over  it  all  the  power  and  authority  of  govern 
ment.  They  claim  to  have  separated  from  the 
United  States,  to  have  founded  a  government 
of  their  own,  and  are  in  armed  resistance  to 
maintain  it.  To  reduce  them  to  obedience  and 
to  recover  that  of  which  they  hold  forcible  pos 
session,  it  has  been  necessary  for  us  to  resort  to 
military  means  of  more  than  corresponding 
magnitude,  until  the  combatants  on  both  sides 
have  reached  to  the  prodigious  number  of  a 
million  of  men.  The  principal  nations  of  Eu 
rope,  recognizing  this  state  of  things,  have  con 
ceded  to  the  rebellious  States  the  rights  of  bel 
ligerents,  a  course  of  which  we  have  no  reason 
to  complain,  as  we  did  precisely  the  same  thing 
toward  the  States  of  South  America  in  their 
revolt  against  the  government  of  Spain.  It  is 
natural  that  we  should  have  hesitated  tp  con 
sider  the  Southern  States  in  the  light  of  bel- 


DOCUMENTS. 


67 


ligerents  before  the  rebellion  had  expanded  to 
its  present  proportions ;  but  now  we  cannot, 
if  we  would,  shut  our  eyes  to  the  fact,  that 
war,  and  war  upon  a  more  extensive  scale  than 
usually  takes  place  between  contending  nations, 
actually  exists.  It  is  now,  and  it  will  continue 
to  be,  carried  on  upon  both  sides,  by  a  resort  to 
all  the  means  and  appliances  known  to  modern 
warfare ;  and  unless  we  are  to  fall  back  into 
the  barbarism  of  the  middle  ages,  we  must  ob 
serve  in  its  conduct  those  humane  usages  in 
the  treatment  and  exchange  of  prisoners,  which 
modern  civilization  has  shown  to  be  equally  the 
dictates  of  humanity  and  of  policy. 

For  every  seaman  that  we  have  arrested  as  a 
pirate,  they  have  incarcerated  a  northern  sol 
dier,  to  be  dealt  with  exactly  as  we  do  by  the 
privateersman.  We  have  convicted  as  pirates 
four  of  the  crew  of  the  Jefferson  Davis,  and 
there  are  others  in  New  York  awaiting  trial. 
Are  these  men  to  be  executed  ?  If  they  are, 
then  by  that  act  we  deliberately  consign  to 
death  a  number  of  our  own  officers  and  sol 
diers,  most  of  whom  owe  their  captivity  and 
present  peril  to  the  heroic  courage  with  which 
they  stood  by  their  colors  on  a  day  of  disas 
trous  flight  and  panic. 

If  such  a  course  is  to  be  pursued,  it  will  not 
be  very  encouraging  for  the  soldier  now  in 
arms  for  the  maintenance  of  the  Union,  to  know 
that  what  may  be  asked  of  him  is  to  fight  upon 
one  side,  with  the  chance  of  being  hanged  upon 
the  other ;  and  in  face  of  the  enemy,  with  his 
line  broken,  instead  of  rallying  again,  he  may, 
in  view  of  the  possibility  of  a  halter,  consider  it 
prudent  to  retire  before  the  double  danger. 

If,  on  the  other  hand,  we  convict  these  men 
as  criminals  and  pause  there,  then  the  crime  of 
which  we  have  declared  them  to  be  guilty  is 
not  followed  by  its  necessary  consequence,  the 
proper  punishment.  There  is  no  terror  in 
spired  and  no  check  interposed  by  such  a  pro 
cedure ;  for  the  plainest  man  in  the  South 
knows  that  the  motive  which  restrains  us  from 
going  further  is  the  fact,  that  the  execution  of 
these  men  as  pirates  seals  the  doom  of  a  cor 
responding  number  of  our  own  people— that 
the  account  is  exactly  balanced — that,  with 
ample  means  of  retaliation,  they  have  the  power 
to  prevent ;  or,  if  mutual  blood  is  to  be  shed 
in  this  way,  we  and  not  they  will  have  com 
menced  it.  By  such  a  course  nothing  is  effect 
ed,  except  to  keep  our  own  officers  and  soldiers 
in  the  cells  of  Southern  prisons,  subject  to  that 
mental  torture  produced  by  the  uncertainty  of 
their  fate,  which,  with  the  majority  of  men,  is 
more  difficult  to  bear  than  the  certainty  of  death 
itself, — and  oblige  them  to  endure,  in  the  ill- 
provided  and  badly  conducted  prisons  in  which 
they  are  confined,  sufferings,  the  sickening  de 
tails  of  which  are  constantly  before  us  in  their 
published  letters  to  their  friends. 

"  I  little  thought,"  writes  the  gallant  Col. 
Coggswell,  of  the  regular  service,  "  when  I 
faced  the  storm  of  bullets  at  Edwards'  Ferry, 
and  escaped  u  soldier's  death  upon  the  field, 


that  it  was  only  to  be  left  by  my  country  to 
die  upon  the  gallows."  And  the  nature  of 
their  sufferings  will  be  understood  when  it  is 
told  that  the  noble-hearted  and  self-sacrificing 
Col.  Corcoran  was  handcuffed  and  placed  in  a 
solitary  cell,  with  a  chain  attached  to  the  floor, 
until  the  mental  excitement  produced  by  this 
ignominious  treatment,  combining  with  a  sus 
ceptible  constitution  and  the  infectious  nature 
of  the  locality,  brought  on  an  attack  of  typhoid 
fever.  Shall  this  state  of  things  continue? 
Let  us  take  counsel  of  our  common  sense. 
These  men  are  treated  as  criminals,  because, 
while  we  give  to  the  Southern  soldier  the 
rights  of  war,  (for  numerous  exchanges  of  sol 
diers  have  taken  place,)  we  convict  the  South 
ern  mariner  of  a  crime  punishable  with  death. 
Is  there  any  reason,  even  upon  the  grounds  of 
policy,  for  making  this  distinction  ?  We  have, 
by  the  blockade  of  the  whole  Southern  coast, 
cut  the  privateersman  off  from  bringing  his 
prize  into  the  ports  of  the  South  for  adjudica 
tion  ;  and  the  ports  of  all  neutral  nations  being 
closed  against  him  for  such  a  purpose,  he  is 
deprived  of  the  means  of  making  lawful  prizes, 
and  must  eventually  convert  his  vessel  into  a 
ship-of-war,  or  degenerate  into  a  pirate,  by  un 
lawful  acts  which  will  make  him  amenable  to 
the  tribunal  of  every  civilized  nation.  The 
comparative  injury  that  may  be  done  to  our 
commerce  by  the  few  privateers  which  it  will 
now  be  in  the  power  of  the  rebellious  States  to 
maintain  upon  the  ocean  is  as  nothing  com 
pared  to  the  disastrous  and  lasting  conse 
quences  to  the  whole  nation,  to  its  industry, 
its  commerce,  and  its  future,  that  would  grow 
out  of  making  this  war  one  of  retaliatory  ven 
geance.  We  have  the  fruitful  experience  of 
history  to  admonish  us  that  in  such  acts  are 
sown  the  seeds  of  the  dissolution  of  nations 
and  especially  of  republics.  By  according  to 
the  rebellious  States  the  rights  of  belligerents, 
at  least  to  the  extent  of  exchanging  prisoners, 
whether  privateersmen,  man-of-war's  men,  or 
soldiers — we  do  not  concede  to  them  the  rights 
of  sovereignty.  There  is  a  well-defined  dis 
tinction  between  the  two,  recognized  by  the 
United  States  Court  in  the  case  of  Rose  ts. 
Himmley,  4  Cranch,  241.  One  may  exist  with 
out  the  other;  and  by  exchanging  prisoners, 
therefore,  we  concede  nothing  and  admit  noth 
ing,  except  what  everybody  knows,  that  actual 
war  exists,  and  that,  as  a  Christian  people,  we 
mean  to  carry  it  on  according  to  the  usages  of 
civilized  nations. 

The  existing  embarrassment  is  easily  over 
come.  All  further  prosecutions  can  be  stopped, 
and,  in  respect  to  the  privateersmen  who  have 
been  convicted,  the  President,  acting  upon  the 
suggestion  of  the  Court  that  tried  them,  can, 
by  the  exercise  of  the  pardoning  power,  relieve 
them  from  their  position  as  criminals,  and  place 
them  in  that  of  prisoners  of  war. 

In  conclusion,  we  are  not  to  forget  that  we 
are  carrying  on  this  war  for  the  restoration  of 
the  Union,  and  that  every  act  of  aggression  not 


68 


REBELLION   RECORD,    1860-61. 


essential  to  military  success  will  but  separate 
more  widely  the  two  sections  from  each  other, 
and  increase  the  difficulty  of  cementing  us 
again  in  one  nationality.  '  We  are  to  remember 
that  the  people  of  the  South,  whose  infirmity 
it  has  been  to  have  very  extravagant  ideas  of 
their  own  superiority,  and  whose  contempt  of 
the  people  of  the  North  has  been  in  proportion 
to  their  want  of  information  respecting  them — 
have  been  hurried  into  their  present  position  by 
the  professional  politicians  and  large  landed  pro 
prietors,  to  whom  they  have  hitherto  been  ac 
customed  to  confide  the  management  of  their 
public  affairs ;  that,  though  prone  to  commit 
outrageous  acts  wrhen  under  the  influence  of 
excitement,  they  are  upon  the  whole  a  kindly 
and  affectionate  people,  and  have,  when  not 
blinded  by  passion,  a  very  keen  perception  of 
their  own  interests;  that  there  are,  throughout 
the  South,  thousands  of  loyal  hearts  paralyzed 
by  the  excitement  around  them,  who  still  cling 
to  the  flag  of  their  fathers  and  await  the  deliv 
ering  stroke  of  our  armies.  Relying  on  our 
superior  naval  and  military  strength,  and  the 
settled  determination  of  our  people  that  this 
nation  shall  not  be  dismembered,  we  may,  as 
the  Swiss  Cantons  recently  did  in  a  similar 
crisis,  put  down  this  rebellion.  That  great 
duty  imposes  upon  us  all  the  exigencies  of  war, 
and  they  are  greater  and  heavier  than  those 
which  the  Swiss  government  had  to  contend 
with.  We  have  to  carry  on  the  war  against  a 
people  who  have  a  large  and  well-appointed 
army,  under  skilful  generals,  acting  on  the  de 
fensive,  in  a  country  abounding  with  strategic 
points  of  defence.  War,  when  conducted  in  ac 
cordance  with  the  strictest  usages  of  humanity, 
is,  as  all  who  have  shared  in  the  recent  battles 
know,  a  sufficiently  bloody  business ;  and  if 
we  are  to  add  to  its  horrors  by  hanging  up  all 
who  fall  into  our  hands  as  traitors  or  pirates, 
\ve  leave  the  South  no  alternative  but  resist 
ance  to  the  last  extremity  ;  and,  should  we  ul 
timately  triumph,  we  would  have  entailed  upon 
us,  as  the  consequences  of  such  a  policy,  the 
bitter  inheritance  of  maintaining  a  Govern 
ment  by  force,  over  a  people  conquered,  but 
not  subdued.  Very  truly  yours, 

CHAELES  P.  DALY. 


Doc.  12. 
BATTLE  OF  MANASSAS,  VA., 

FOUGHT   JULY    21,    1861. 
GENERAL  BEAUREGARD'S  REPORT.* 

HEAD-QUARTERS  FIRST  CORPS  ARMY  OF  THE  POTOMAC,  ? 
MANASSAS,  August  26,  1861.      \ 

GENERAL:  The  War  Department  having  been 
informed  by  me,  by  telegraph  on  the  17th  of 
July,  of  the  movement  of  General  McDowell, 
General  Johnston  was  immediately  ordered  to 
form  a  junction  of  his  army  corps  with  mine, 
should  the  movement,  in  his  judgment,  be 

*  See  volume  2,  Documents,  pages  1,  111,  366  and  368. 


deemed  advisable.  General  Holmes  was  also 
directed  to  push  forward  with  two  regiments,  a 
battery  and  one  company  of  cavalry. 

In  view  of  these  propositions,  approaching 
reinforcements  modifying  my  plan  of  operations 
so  far  as  to  determine  on  attacking  the  enemy 
at  Centreville  as  soon  as  I  should  hear  of  the 
near  approach  of  the  two  reinforcing  columns, 
I  sent  one  of  my  aids,  Colonel  Chrisholrn,  of 
South  Carolina,  to  meet  and  communicate  my 
plans  to  General  Johnston,  and  my  wish  that 
one  portion  of  his  force  should  march  by  the 
way  of  Aldie,  and  take  the  enemy  on  his  right 
flank  and  in  the  rear  at  Centreville.  Difficul 
ties,  however,  of  an  insuperable  character  in 
connection  with  means  of  transportation,  and 
the  marching  condition  of  his  troops,  made  this 
impracticable,  and  it  was  determined  our  forces 
should  be  united  within  the  lines  of  Bull  Kun, 
and  thence  advance  to  the  attack  of  the  enemy. 
General  Johnston  arrived  here  about  noon  on 
the  20th  July,  and  being  my  senior  in  rank,  he 
necessarily  assumed  command  of  all  the  force 
of  the  Confederate  States,  then  concentrating  at 
this  point.  Made  acquainted  with  my  plan  of 
operations  and  dispositions  to  meet  the  enemy, 
he  gave  them  his  entire  approval,  and  gen 
erously  directed  their  execution  under  my  com 
mand. 

In  consequence  of  the  untoward  detention, 
however,  of  some  five  thousand  (5,000)  of  Gen 
eral  Johnston's  army  corps,  resulting  from  the 
inadequate  and  imperfect  means  of  transporta 
tion  for  so  many  troops,  at  the  disposition  of 
the  Manassas  Gap  Railroad,  it  became  necessary, 
on  the  morning  of  the  21st,  before  daylight,  to 
modify  the  plan  accepted  to  suit  the  contingency 
of  an  immediate  attack  on  our  lines  by  the  main 
force  of  the  enemy,  then  plainly  at  hand. 

The  enemy's  forces,  reported  by  their  best-in 
formed  journals  to  be  fifty-five  thousand  strong, 
I  had  learned  from  reliable  sources,  on  the  night 
of  the  20th,  were  being  concentrated  in  and 
around  Centreville,  and  along  the  Warrenton 
turnpike  road,  to  Bull  Run,  near  which  our  re 
spective  pickets  were  in  immediate  proximity. 
This  fact,  with  the  conviction  that,  after  his 
signal  discomfiture  on  the  18th  of  July,  be 
fore  Blackburn's  Ford — the  centre  of  my  lines 
— he  would  not  renew  the  attack  in  that  quar 
ter,  induced  me  at  once  to  look  for  an  attempt 
on  my  left  flank,  resting  on  the  Stone  Bridge, 
which  was  but  weakly  guarded  by  men,  as  well 
as  but  slightly  provided  with  artificial  defensive 
appliances  and  artillery. 

In  view  of  these  palpable  military  conditions, 
by  half-past  four  A.  M.,  on  the  21st  July,  I  had 
prepared  and  despatched  orders,  directing  the 
whole  of  the  Confederate  forces  within  the  lines 
of  Bull  Run,  including  the  brigades,  and  regi 
ments  of  General  Johnston,  which  had  arrived 
at  that  time,  to  be  held  in  readiness  to  march 
at  a  moment's  notice. 

At  that  hour  the  following  was  the  disposi 
tion  of  our  forces: — • 

Ewell's  brigade,  constituted  as  on  the  18th  of 


DOCUMENTS. 


69 


July,  remained  in  position  at  Union  Mills  Ford, 
his  left  extending  along  Bull  Run,  in  the  direc 
tion  of  McLean's  Ford,  and  supported  by  Holmes' 
brigade,  Second  Tennessee  and  First  Arkansas 
regiments  a  short  distance  to  the  rear — that  is, 
at  and  near  Camp  Wigfall. 

D.  R.  Jones'  brigade,  from  Swell's  left,  in 
front  of  McLean's  Ford,  and  along  the  stream 
to  Longstreet's  position.  It  was  unchanged  in 
organization,  and  was  supported  by  Early's  bri 
gade,  also  unchanged,  placed  behind  a  thicket 
of  young  pines,  a  short  distance  in  the  rear  of 
McLean's  Ford. 

Longstreet's  brigade  held  its  former  ground 
at  Blackburn's  Ford,  from  Jones'  left  to  Bon- 
ham's  right,  at  Mitchell's  Ford,  and  was  sup 
ported  by  Jackson's  brigade,  consisting  of  Colo 
nels  James  L.  Preston's  Fourth,  Harper's  Fifth, 
Allen's  Second,  the  Twenty-seventh,  Lieuten 
ant-Colonel  Echoll's,  and  the  Thirty -third,  Cum- 
ining's  Virginia  regiments,  two  thousand  six 
hundred  and  eleven  strong,  which  were  posted 
behind  the  skirting  of  pines  to  the  rear  of  Black 
burn's  and  Mitchell's  Fords,  and  in  the  rear  of 
this  support  was  also  Barksdale's  Thirteenth 
regiment  Mississippi  Volunteers,  which  had 
lately  arrived  from  Lynchburg. 

Along  the  edge  of  a  pine  thicket,  in  rear  of, 
and  equi-distant  from  McLean's  and  Blackburn's 
Fords,  ready  to  support  either  position,  I  had 
also  placed  all  of  Bee's  and  Bartow's  brigades 
that  had  arrived — namely,  two  companies  of 
the  Eleventh  Mississippi,  Lieutenant-Colonel 
Liddell ;  the  Second  Mississippi,  Colonel  Falk- 
ner;  and  the  Alabama,  with  the  Seventh  and 
Eighth  Georgia  regiments,  (Colonel  Gartrell  and 
Lieutenant-Colonel  Gardner,)  in  all  two  thou 
sand  seven  hundred  and  thirty-two  bayonets. 

Bonham's  brigade,  as  before,  held  Mitchell's 
Ford,  its  right  near  Longstreet's  left,  its  left 
extending  in  the  direction  of  Cocke's  right.  It 
was  organized  as  at  the  end  of  the  18th  of  July, 
with  Jackson's  brigade,  as  before  said,  as  a  sup 
port. 

Oocke's  brigade,  increased  by  seven  compa 
nies  of  the  Eighth,  Hunton's ;  three  companies 
of  the  Forty-ninth,  Smith's  Virginia  regiments; 
two  company  of  cavalry,  and  a  battery  under 
Rogers  of  four  six-pounders,  occupied  the  line 
in  front  and  rear  of  Bull  Run,  extending  from 
the  direction  of  Bonham's  left,  and  guarding 
Island,  Ball's,  and  Lewis'  Fords,  to  the  right  of 
Evans'  demi-brigade,  near  the  Stone  Bridge,  also 
under  General  Cocke's  command. 

The  latter  held  the  Stone  Bridge,  and  its  left 
covered  a  farm  ford  about  one  mile  above  the 
bridge. 

Stuart's  cavalry,  some  three  hundred  men  of 
the  army  of  the  Shenandoah,  guarded  the  level 
ground  extending  in  rear  from  Bonham's  left  to 
Cocke's  right. 

Two  companies  of  Radford's  cavalry  were 
held  in  reserve  a  short  distance  in  rear  of  Mitch 
ell's  Ford,  his  left  extending  in  the  direction  of 
Stuart's  right. 


Colonel  Pendleton's  reserve  battery  of  eight 
pieces  was  temporarily  placed  in  rear  of  Ban- 
ham's  extreme  left.  • 

Major  Walton's  reserve  battery  of  five  gtmg 
was  in  position  on  McLean's  farm,  in  a  piece  of 
woods  in  rear  of  Bee's  right. 

Hampton's  legion  of  six  companies  of  infan 
try,  six  hundred  strong,  having  arrived  that 
morning  by  the  cars  from  Richmond,  was  sub 
sequently,  as  soon  as  it  arrived,  ordered  for 
ward  to  a  position  in  immediate  vicinity  of  the 
Lewis  House,  as  a  support  for  any  troops  engag 
ed  in  that  quarter. 

The  effective  force  of  all  arms  of  the  army  of 
the  Potomac  on  that  eventful  morning,  includ 
ing  the  garrison  of  Camp  Pickens,  did  not  ex 
ceed  twenty-one  thousand  eight  hundred  and 
thirty-three  and  twenty -nine  guns. 

The  army  of  the  Shenandoah,  ready  for  ac 
tion  on  the  field,  may  be  set  at  six  thousand 
men  and  twenty  guns.  [That  is,  when  the  bat 
tle  begun,  Smith's  brigade  and  Fisherjji  North 
Carolina  came  up  later,  and  made  a  totafof  array 
of  Shenandoah  engaged  of  all  arms,  eight  thou 
sand  three  hundred  and  thirty-four.  Hill's  Vir 
ginia  regiment,  five  hundred  and  fifty,  also 
arrived,  but  was  posted  as  reserve  to  right 
flunk.] 

The  brigade  of  General  Holmes  mustered 
about  one  thousand  two  hundred  and  sixty-five 
bayonets,  six  guns,  and  a  company  of  cavalry 
about  ninety  strong. 

Informed  at  half-past  five  A.  M.,  by  Colonel 
Evans,  that  the  enemy  had  deployed  some 
twelve  hundred  men,  [these  were  what  Colonel 
Evans  saw  of  General  Schenck's  brigade  of  Gen 
eral  Tyler's  division  and  two  other  heavy  bri 
gades,  in  all  over  nine  thousand  men  and  thir 
teen  pieces  of  artillery — Carlisle's  and  Ay  res' 
batteries.  That  is,  nine  hundred  men  and  two 
six-pounders,  confronted  by  nine  thousand  men 
and  thirteen  pieces  of  artillery,  mostly  rilled,] 
with  several  pieces  of  artillery  in  his  immediate 
front.  I  at  once  ordered  him,  as  also  General 
Cocke,  if  attacked,  to  maintain  their  position  to 
the  last  extremity. 

In  my  opinion  the  most  effective  method  of 
relieving  that  flank  was  by  a  rapid,  determined 
attack,  with  my  right  wing  and  centre  on  the 
enemy's  flank  and  rear  at  Centreville,  with  due 
precautions  against  the  advance  of  his  reserves 
from  the  direction  of  Washington.  By  such  a 
movement  I  confidently  expected  to  achieve  a 
complete  victory  for  my  country  by  twelve 
o'clock  M. 

These  new  dispositions  were  submitted  to 
General  Johnston,  who  fully  approved  them, 
and  the  orders  for  their  immediate  execution 
were  at  once  issued. 

Brigadier-General  Ewell  was  directed  to  be 
gin  the  movement,  to  be  followed  and  supported 
successively  by  Generals  D.  R.  Jones,  Long- 
street,  and  Bonham  respectively,  supported  by 
their  several  appointed  reserves. 

The  cavalry,  under  Stuart  and  Radford,  were 


70 


REBELLION  RECORD,    1860-61. 


to  be  held  in  band,  subject  to  future  orders  and 
ready  for  employment  as  might  be  required  by 
the  exigencies  of  the  battle. 

About  halt-past  eight  o'clock  A.  M.,  General 
Johnston  and  myself  transferred  our  head-quar 
ters  to  a  central  position  about  half  a  mile  in 
the  rear  of  Mitchell's  Ford,  whence  we  might 
\vatch  the  course  of  events. 

Previous!}',  as  early  as  half-past  five,  the  Fed 
eralists  in  front  of  Evans'  position,  Stone  Bridge, 
had  opened  with  a  large  thirty-pounder,  Parrott 
rifle  gun,  and  thirty  minutes  later  with  a  mod 
erate,  apparently  tentative,  fire  from  a  battery 
of  rifle  pieces,  directed  first  in  front  at  Evans' 
and  then  in  the  direction  of  Cocke's  position, 
but  without  drawing  a  return  fire  and  discovery 
of  our  positions,  chiefly  because  in  that  quarter 
•we  had  nothing  but  eight  six-pounder  pieces, 
•which  could  not  reach  the  distant  enemy. 

As  the  Federalists  had  advanced  with  an  ex 
tended  line  of  skirmishers  in  front  of  Evans, 
that  officer  promptly  threw  forward  the  two 
flank  companies  of  the  Fourth  South  Carolina 
regiment,  and  one  company  of  Wheat's  Louisi 
ana  battalion,  deployed  as  skirmishers,  to  cover 
his  small  front.  An  occasional  scattering  fire 
resulted,  and  thus  the  two  armies  in  that  quar 
ter  remained  for  more  than  an  hour,  while  the 
main  body  of  the  enemy  was  marching  its  du 
bious  way  through  the  "  big  forest  "  to  take  our 
forces  in  flank  and  rear. 

By  half-past  eight  A.  M.,  Colonel  Evans  hav 
ing  become  satisfied  of  the  counterfeit  character 
of  the  movement  on  his  front,  and  persuaded 
of  an  attempt  to  turn  his  left  flank,  decided  to 
change  his  position  to  meet  the  enemy,  and  for 
this  purpose  immediately  put  in  motion  to  his 
left  and  rear  six  companies  of  Sloan's  Fourth 
South  Carolina  regiment,  "Wheat's  Louisiana 
battalions,  five  companies,  and  two  six-pounders 
of  Latham's  battery,  leaving  four  companies  of 
Sloan's  regiment  under  cover  as  the  sole  imme 
diate  defence  of  the  Stone  Bridge,  but  giving 
information  to  General  Cocke  of  his  change  of 
position  and  the  reasons  that  impelled  it. 

Following  a  road  leading  by  the  Old  Pittsyl- 
vania  (Carter)  mansion,  Colonel  Evans  formed 
in  line  of  battle  some  four  hundred  yards  in 
rear — as  he  advanced — of  that  house,  his  guns 
to  the  front  and  in  position,  properly  supported, 
to  its  immediate  right.  Finding,  however,  that 
the  enemy  did  not  appear  on  that  road,  which 
was  a  branch  of  one  running  by  Sudley's  Springs 
Ford  to  Brentsville  and  Dumfries,  he  turned 
abruptly  to  the  left,  and  marching  across  the 
fields  for  three-quarters  of  a  mile,  about  half- 
past  nine  A.  M.,  took  a  position  in  line  of  battle; 
Ins  left,  Sloan's  companies,  resting  on  the  main 
Brentsville  road  in  a  shallow  ravine,  the  Louis 
iana  battalion  to  the  right,  in  advance  some  two 
hundred  yards,  a  rectangular  course  of  wood 
separating  them — one  piece  of  his  artillery 
planted  on  an  eminence  some  seven  hundred 
yards  to  the  rear  of  Wheat's  battalion,  and  the 
other  on  a  ridge  near  and  in  rear  of  Sloan's  po 
sition,  commanding  a  reach  of  the  road  just  in 


front  of  the  line  of  battle.  In  this  order  he 
awaited  the  coming  of  the  masses  of  the  eueiny 
now  drawing  near. 

In  the  mean  time  about  seven  o  clock  A.  M., 
Jackson's  brigade,  with  Imboden's,  and  five 
pieces  of  Walton's  battery,  had  been  sent  to 
take  up  a  position  along  Bull  Kun  to  guard  the 
interval  between  Cocke's  right  and  Bonham's 
left,  with  orders  to  support  either  in  case  of 
need — the  character  and  topographical  features 
of  the  ground  having  been  shown  to  General 
Jackson  by  Captain  D.  li.  Harris,  of  the  Engi 
neers,  of  his  army  corps. 

So  much  of  Bee's  and  Bartow's  brigades,  now 
united,  as  had  arrived — some  two  thousand 
eight  hundred  muskets — had  also  been  sent  for 
ward  to  the  support  of  the  position  of  the  Stone 
Bridge. 

The  enemy  beginning  his  detour  from  the 
turnpike,  at  a  point  nearly  half  way  between 
Stone  Bridge  and  Centreville,  had  pursued  a 
tortuous,  narrow  trace  of  a  rarely  used  road, 
through  a  dense  wood,  the  greater  part  of  his 
way,  until  near  the  Sudley  road.  A  division 
under  Colonel  Hunter,  of  the  Federal  regular 
army,  of  two  strong  brigades,  was  in  the  ad 
vance,  followed  immediately  by  another  divi 
sion  under  Colonel  Heintzelman,  of  three  bri 
gades  and  seven  companies  of  regular  cavalry 
and  twenty-four  pieces  of  artillery — eighteen  of 
which  were  rifle  guns.  This  column,  as  it 
crossed  Bull  Run,  numbered  over  sixteen  thou 
sand  men  of  all  arms,  by  their  own  accounts. 

Burnside's  brigade,  which  here,  as  at  Fairfax 
Court  House,  led  the  advance,  at  about  forty- 
five  minutes  past  nine  A.  M.,  debouched  from  a 
wood  in  sight  of  Evans'  position,  some  five 
hundred  yards  distant  from  Wheat's  battalion. 

He  immediately  threw  forward  his  skir 
mishers  in  force,  and  they  became  engaged  with 
Wheat's  command  and  the  six-pounder  gun 
under  Lieutenant  Leitwich. 

The  Federalists  at  once  advanced,  as  they 
report  officially,  the  Second  Rhode  Island  regi 
ment  volunteers,  with  its  vaunted  battery  of 
six  thirteen-pounder  rifle  guns.  Sloan's  com 
panies  were  then  brought  into  action,  having 
been  pushed  forward  through  the  woods.  The 
enemy,  soon  galled  and  staggered  by  the  fire, 
and  pressed  by  the  determined  valor  with 
which  Wheat  handled  his  battery,  until  he 
was  desperately  wounded,  hastened  up  three 
other  regiments  of  the  brigade  arid  two  Dahl- 
gren  howitzers,  making  in  all  quite  three  thou 
sand  five  hundred  bayonets  and  eight  pieces  of 
artillery,  opposed  to  less  than  eight  hundred 
men  and  two  six-pounder  guns. 

Despite  these  odds,  this  intrepid  command 
of  but  eleven  weak  companies  maintained  its 
front  to  the  enemy  for  quite  an  hour,  and  until 
General  Bee  came  to  their  aid  with  his  com 
mand.  The  heroic  Bee,  with  a  soldier's  eye 
and  recognition  of  the  situation,  had  previously 
disposed  his  command  with  skill — Imboden's 
battery  having  been  admirably  placed  between 
the  two  brigades,  under  shelter  behind  the  un- 


DOCUMENT& 


71 


dulations  of  a  hill  about  one  hundred  and  fifty 
yards  north  of  the  now  famous  Henry  House, 
and  very  near  where  he  subsequently  fell  mor 
tally  wounded,  to  the  great  misfortune  of  his 
country,  but  after  deeds  of  deliberate  and  ever- 
memorable  courage. 

Meanwhile,  the  enemy  had  pushed  forward  a 
battalion  of  eight  companies  of  regular  infan 
try,  and  one  of  their  best  batteries  of  six  pieces, 
(four  rifled,)  supported  by  four  companies  of 
marines,  to  increase  the  desperate  odds  against 
which  Evans  and  his  men  had  maintained  their 
stand  with  an  almost  matchless  tenacity. 

General  Bee,  now  finding  Evans  sorely  pressed 
under  the  crushing  weight  of  the  masses  of  the 
enemy,  at  the  call  of  Colonel  Evans  threw  for 
ward  his  whole  force  to  his  aid  across  a  small 
stream — Young's  Branch  and  Valley — and  en 
gaged  the  Federalists  with  impetuosity;  Im 
boden's  battery  at  the  time  playing  from  his 
well-chosen  position  with  brilliant  effect  with 
spherical-case,  the  enemy  having  first  opened 
on  him  from  a  rifle  battery,  probably  Griffin's, 
with  elongated  cylindrical  shells,  which  flew  a 
few  feet  over  the  heads  of  our  men,  and  ex 
ploded  in  the  crest  of  the  hill  immediately  in 
rear. 

As  Bee  advanced  under  a  severe  fire  he 
placed  the  Seventh  and  Eighth  Georgia  regi 
ments,  under  the  chivalrous  Bartow,  at  about 
eleven  A.  M.,  in  a  wood  of  second-growth  pines, 
to  the  right  and  front  of  and  nearly  perpen 
dicular  to  Evans'  line  of  battle ;  the  Fourth 
Alabama  to  the  left  of  them,  along  a  fence  con 
necting  the  position  of  the  Georgia  regiments 
with  the  rectangular  copse  in  which  Sloan's 
South  Carolina  companies  were  engaged,  and 
into  which  he  also  threw  the  Second  Missis 
sippi.  A  fierce  and  destructive  conflict  now 
ensued ;  the  fire  was  withering  on  both  sides, 
while  the  enemy  swept  our  short,  thin  lines 
witli  their  numerous  artillery,  which,  according 
to  their  official  reports,  at  this  time  consisted 
of  at  least  ten  rifle  guns  and  four  howitzers. 
For  an  hour  did  these  stout-hearted  men  of  the 
blended  commands  of  Bee,  Evans,  and  Bartow 
breast  an  unintermitting  battle  storm,  animat 
ed,  surely,  by  something  more  than  the  ordi 
nary  courage  of  even  the  bravest  men  under 
fire ;  it  must  have  been  indeed  the  inspiration 
of  the  cause,  and  consciousness  of  the  great 
stake  at  issue  which  thus  nerved  and  animated 
one  and  all  to  stand  unawed  and  unshrinking 
in  such  extremity. 

Two  Federal  brigades  of  Heintzelman's  divi 
sion  were  now  brought  into  action,  led  by 
Rickett's  superb  light  battery  of  six  ten-pound 
er  rifle  guns,  which,  posted  on  an  eminence  to 
the  right  of  the  Sudley  road,  opened  fire  on 
Imboden's  battery — about  this  time  increa^d 
by  two  rifle  pieces  of  the  "Washington  Artillery 
under  Lieut.  Richardson,  and  already  the  mark 
of  two  batteries  which  divided  their  fire  with 
Imboden,  and  two  guns,  under  Lieutenants  Da 
vidson  and  Leftwitch,  of  Latham's  battery, 
posted  as  before  mentioned. 


At  this  time,  confronting  the  enemy,  we  had 
still  but  Evans'  eleven  companies  and  two  guns 
—  Bee's  and  Bartow's  four  regiments,  the  two 
companies  Eleventh  Mississippi,  under  Lieu 
tenant-Colonel  Liddell,  and  the  six  pieces  under 
Imboden  and  Richardson.  The  enemy  had  two 
divisions  of  four  strong  brigades,  including 
seventeen  companies  of  regular  infantry,  cav 
alry,  and  artillery,  four  companies  of  marines, 
and  twenty  pieces  of  artillery.  (See  official 
reports  of  Colonels  Heintzelman,  Porter,  &c.) 
Against  this  odds,  scarcely  credible,  our  ad 
vance  position  was  still  for  a  while  maintained, 
and  the  enemy's  ranks  constantly  broken  and 
shattered  under  the  scorching  fire  of  our  men ; 
but  fresh  regiments  of  the  Federalists  came 
upon  the  field — Sherman's  and  Keyes'  brigades 
of  Tyler's  division — as  is  stated  in  their  re 
ports,  numbering  over  six  thousand  bayonets, 
w4*ich  had  found  a  passage  across  the  run 
about  eight  hundred  yards  above  the  Stone 
Bridge,  threatened  our  right. 

Heavy  losses  had  now  been  sustained  on  our 
side,  both  in  numbers  and  in  the  personal 
worth  of  the  slain.  The  Georgia  regiment  had 
suffered  heavily,  being  exposed,  as  it  took  and 
maintained  its  position,  to  a  fire  from  the  en 
emy,  already  posted  within  a  hundred  yards  of 
their  front  and  right,  sheltered  by  fences  and 
other  cover.  It  was  at  this  time  that 
ant-Colonel  Gardner  was  severely  woum 
also  several  other  valuable  officers ;  the 
tant  of  the  regiment,  Lieutenant  Branch, 
killed,  and  the  horse  of  the  regretted  Bartow 
was  shot  under  him.  The  Fourth  Alabama 
also  suffered  severely  from  the  deadly  fire  of 
the  thousands  of  muskets  which  they  so  daunt- 
lessly  fronted  under  the  immediate  leadership  of 
Bee  himself.  Its  brave  Colonel,  E.  J.  Jones, 
was  dangerously  wounded,  and  many  gallant 
officers  fell,  slain  or  hors  de  combat. 

Now,  however,  with  the  surging  mass  of 
over  fourteen  thousand  Federal  infantry  press 
ing  on  their  front,  and  under  the  incessant  fire 
of  at  least  twenty  pieces  of  artillery,  with  the 
fresh  brigades  of  Sherman  and  Keyes  approach 
ing — the  latter  already  in  musket  range — our 
lines  gave  back,  but  under  orders  from  General 
Bee. 

The  enemy,  maintaining  the  fire,  pressed 
their  swelling  masses  onward  as  our  shattered 
battalions  retired ;  the  slaughter  for  the  mo 
ment  was  deplorable,  and  has  filled  many  a 
Southern  home  with  life-long  sorrow. 

Under  this  inexorable  stress  the  retreat  con 
tinued  until  arrested  by  the  energy  and  resolu 
tion  of  General  Bee,  supported  by  Bartow  and 
Evans,  just  in  the  rear  of  the  Robinson  House, 
and  Hampton's  Legion,  which  had  been  already 
advanced,  and  was  in  position  near  it. 

Imboden's  battery,  which  had  been  handled 
with  marked  skill,  but  whose  men  were  almost 
exhausted,  and  the  two  pieces  of  Walton's  bat 
tery,  under  Lieut.  Richardson,  being  threat 
ened  by  the  enemy's  infantry  on  the  left  and 
front,  were  also  obliged  to  fall  back.  Imboden, 


72 


REBELLION  RECORD,    1860-61. 


leaving  a  disabled  piece  on  the  ground,  retired 
until  he  met  Jackson's  brigade,  while  Richard 
son  joined  the  main  body  of  his  battery  near 
the  Lewis  House. 

As  our  infantry  retired  from  the  extreme 
front  the  two  six-pounders  of  Latham's  bat 
tery,  before  mentioned,  fell  back  with  excellent 
judgment  to  suitable  positions  in  the  rear, 
when  an  effective  fire  was  maintained  upon 
the  still  advancing  lines  of  the  Federalists  with 
damaging  effect  until  their  ammunition  was 
nearly  exhausted,  when  they,  too,  were  with 
drawn  in  the  near  presence  of  the  enemy,  and 
rejoined  their  captain. 

From  the  point  previously  indicated,  where 
General  Johnston  and  myself  had  established 
our  head-quarters,  we  heard  the  continuous 
roll  of  musketry  and  the  sustained  din  of  the 
artillery,  which  announced  the  serious  out 
bursts  of  the  battle  on  our  left  flank,  and 
we  anxiously,  but  confidently,  awaited  similar 
sounds  of  conflict  from  our  front  at  Centreville, 
resulting  from  the  prescribed  attack  in  that 
quarter  by  our  right  wing. 

At  half-past  ten  in  the  morning,  however, 
this  expectation  was  dissipated,  from  Briga 
dier-General  Ewell  informing  me,  to  my  pro 
found  disappointment,  that  my  orders  for  his 
advance  had  miscarried,  but  that,  in  conse 
quence  of  a  communication  from  General  D.  R. 
Jones,  he  had  just  thrown  his  brigade  across 
the  stream  at  Union  Mills.  But,  in  my  judg 
ment,  it  was  now  too  late  for  the  effective  ex 
ecution  of  the  contemplated  movement,  which 
must  have  required  quite  three  hours  for  the 
troops  to  get  into  position  for  the  attack  ; 
therefore,  it  became  immediately  necessary  to 
depend  on  new  combinations  and  other  dispo 
sitions  suited  to  the  now  pressing  exigency. 
The  movement  of  the  right  and  centre,  already 
begun  by  Jones  and  Longstreet,  was  at  once 
countermanded  with  the  sanction  of  General 
Johnston,  and  we  arranged  to  meet  the  enemy 
on  the  field  upon  which  he  had  chosen  to  give 
us  battle.  Under  these  circumstances  our  re 
serves  not  already  in  movement  were  imme 
diately  ordered  up  to  support  our  left  flank, 
namely — Holmes'  two  regiments  and  battery 
of  artillery,  under  Captain  Lindsey  Walker,  of 
six  guns,  and  Early's  brigade.  Two  regiments 
from  Bonham's  brigade,  with  Kemper's  four 
six-pounders,  were  also  called  for,  and,  with 
the  sanction  of  General  Johnston,  Generals 
Ewell,  Jones,  (D.  R.,)  Longstreet,  and  Bonham, 
were  directed  to  make  a  demonstration  to  their 
several  fronts  to  retain  and  engross  the  enemy's 
reserves  and  forces  on  their  flank,  and  at  and 
around  Centreville.  Previously,  our  respective 
chiefs  of  staff — Major  Rhett  and  Colonel  Jor 
dan—had  been  left  at  my  head-quarters  to 
hasten  up  and  give  directions  to  any  troops 
that  might  arrive  at  Manassas. 

These  orders  having  been  duly  despatched  by 
staff  officers,  at  10.30  A.  M.,  General  Johnston 
and  myself  set  out  for  the  immediate  field  of 
action,  which  we  reached  in  the  rear  of  the 


Robinson  and  Widow  Henry's  houses,  at  about 
12  M.  and  just  as  the  commands  of  Bee,  Bartow, 
and  Evans  had  taken  shelter  in  a  wooded  ravine 
behind  the  former,  stoutly  held  at  the  time  by 
Hampton  with  his  legion,  which  had  made  a 
stand  there  after  having  previously  been  as  far 
forward  as  the  turnpike,  where  Lieutenant-Colo 
nel  Johnson,  an  officer  of  brilliant  promise,  was 
killed,  and  other  severe  losses  were  sustained. 

Before  our  arrival  upon  the  scene,  General 
Jackson  had  moved  forward  with  his  brigade 
of  five  Virginia  regiments  from  his  position  in 
reserve,  and  had  judiciously  taken  post  below  the 
brim  of  the  plateau,  nearly  east  of  the  Henry 
house,  and  to  the  left  of  the  ravine  and  woods 
occupied  by  the  mingled  remnants  of  Bee's,  Bar- 
tow's,  and  Evans'  commands,  with  Imboden's 
battery,  and  two  of  Stanard's  pieces  placed  so 
as  to  play  upon  the  oncoming  enemy,  supported 
in  the  immediate  rear  by  Colonel  J.  L.  Preston's 
and  Lieutenant-Colonel  EcholFs  "regiments,  on 
the  right  by  Harper's  and  on  the  left  by  Allen's 
and  Cumming's  regiments. 

As  soon  as  General  Johnston  and  myself 
reached  the  field,  we  were  occupied  with  the 
reorganization  of  the  heroic  troops,  whose  pre 
vious  stand,  with  scarce  a  parallel,  lias  nothing 
more  valiant  in  all  the  pages  of  history,  and 
whose  losses  fitly  tell  why,  at  length,  their  lines 
had  lost  their  cohesion.  It  was  now  that  Gen 
eral  Johnston  impressively  and  gallantly  charged 
to  the  front  with  the  colors  of  the  Fourth  Ala 
bama  regiment  by  his  side,  all  the  field-officers 
of  the  regiment  having  been  previously  disabled. 
Shortly  afterward  I  placed  S.  R.  Gist  Adjutant 
and  Inspector-General  of  South  Carolina,  a  vol 
unteer  aide-de-camp  of  General  Bee,  in  com 
mand  of  this  regiment,  and  who  led  it  again  to 
the  front  as  became  its  previous  behavior,  and 
remained  with  it  for  the  rest  of  the  day. 

As  soon  as  we  had  thus  rallied  and  disposed 
our  forces,  I  urged  General  Johnston  to  leave 
the  immediate  conduct  of  the  field  to  me,  while 
he,  repairing  to  Portico — the  Lewis  house — 
should  urge  reinforcements  forward.  At  first 
he  was  unwilling,  but  reminded  that  one  of  us 
must  do  so,  and  that  properly  it  was  his  place, 
he  reluctantly,  but  fortunately,  complied;  for 
tunately,  because  from  that  position,  by  his 
energy  and  sagacity,  his  keen  perception  and 
anticipation  of  my  needs,  he  so  directed  there- 
serves  as  to  ensure  the  success  of  the  day. 

As  General  Johnston  departed  for  Portico, 
Colonel  Bartow  reported  to  me  with  the  re 
mains  of  the  Seventh  Georgia  Volunteers,  (Gar- 
trell's,)  which  I  ordered  him  to  post  on  the  left 
of  Jackson's  line,  in  the  edge  of  the  belt  of  pines 
bordering  the  southeastern  rim  of  the  plateau, 
on  which  the  battle  was  now  to  rage  so  long 
and  so  fiercely. 

Colonel  Win.  Smith's  battalion  of  the  Forty- 
ninth  Virginia  Volunteers  having  also  come  up 
by  my  orders,  I  placed  it  on  the  left  of  Gartrell's 
as  my  extreme  left  at  the  time.  Repairing  then 
to  the  right,  I  placed  Hampton's  Legion,  which 
had  suffered  greatly,  on  that  flank  somewhat  to 


DOCUMENTS. 


73 


the  rear  of  Harper's  regiment,  and  also  the  seven 
companies  of  the  Eighth  (Hunton's)  Virginia 
regiment,  which,  detached  from  Cocke's  brigade 
by  my  orders  and  those  of  General  Johnston, 
Lad  opportunely  reached  the  ground.  These, 
with  Harper's  regiment,  constituted  a  reserve, 
to  protect  our  right  flank  from  an  advance  of 
the  enemy  from  the  quarter  of  the  stone  bridge, 
and  served  as  a  support  for  the  line  of  battle, 
which  was  formed  on  the  right  by  Bee's  and 
Evans'  commands,  in  the  centre  by  four  regi 
ments  of  Jackson's  brigade,  with  Imboden's 
four  six-pounders,  Walton's  five  guns,  (two 
rifled,)  two  guns  (one  piece  rifled)  of  Stanard's 
and  two  six-pounders  of  Rogers'  batteries,  the 
latter  under  Lieut.  Heaton ;  and  on  the  left  by 
Gartrell's  reduced  ranks  and  Col.  Smith's  bat 
talion,  subsequently  reinforced  Faulkner's  Second 
Mississippi  regiment,  aud  by  another  regiment  of 
the  Army  of  the  Shenandoah,  just  arrived  upon 
the  field,  the  Sixth  (Fisher's)  North  Carolina, 
Confronting  the  enemy  at  this  time  my  force 
numbered,  at  most,  not  more  than  six  thousand 
five  hundred  infantry  and  artillerists,  with  but 
thirteen  pieces  of  artillery,  and  two  companies 
(Carter's  and  Hoge's)  of  Stuart's  cavalry. 

The  enemy's  force  now  bearing  hotly  and  1 
confidently  down  on  our    position,   regiment 
after  regiment  of  the  best  equipped  men  that  I 
ever  took  the  field — according  to  their  own  ' 
official  history  of  the  day — was  formed  of  Colo 
nels  Hunter's  and  Heintzleman's  divisions,  Colo 
nels  Sherman's  and  Keyes'  brigades  of  Tyler's 
division,   and  of  the  formidable  batteries  of 
Kickett,   Griffin,    and    Arnold    regulars,    and 
Second  Rhode  Island,  and  two  Dahlgren  how 
itzers — a  force  of  over  twenty  thousand  infan 
try,  seven  companies  of  regular  cavalry,  and 
twenty-four  pieces  of  improved  artillery.     At 
the  same  time  perilous,  heavy  reserves  of  infan-  \ 
try  and  artillery  hung  in  the  distance  around 
the  Stone  Bridge,  Mitchell's,  Blackburn's  and 
Union  Mills  fords,  visibly  ready  to  fall  upon  us 
at  any  moment ;  and  I  was  also  assured  of  the 
existence  of  other  heavy  corps  at  and  around  j 
Centreville  and  elsewhere,  within  convenient 
supporting  distances. 

Fully  conscious  of  this  portentous  disparity 
of  force,  as  I  posted  the  lines  for  the  encoun 
ter,  I  sought  to  infuse  into  the  hearts  of  my  offi 
cers  and  men  the  confidence  and  determined 
spirit  of  resistance  to  this  wicked  invasion  of 
the  homes  of  a  free  people,  which  I  felt.  I  in 
formed  them  that  reinforcements  would  rapidly 
come  to  their  support,  and  we  must  at  all  haz 
ards  hold  our  posts  until  reinforced.  I  reminded 
them  that  we  fought  for  our  homes,  our  fire 
sides,  and  for  the  independence  of  our  country. 
I  urged  them  to  the  resolution  of  victory  or 
death  on  that  field.  These  sentiments  were 
loudly,  eagerly  cheered,  wheresoever  proclaim 
ed,  and  I  then  felt  reassured  of  the  unconquer 
able  spirit  of  that  army,  which  would  enable 
us  to  wrench  victory  from  the  host  then  threat 
ening  us  with  destruction. 

O  my  country!   I  would  readily  have  sac 


rificed  my  life,  and  those  of  all  the  brave  men 
around  me,  to  save  your  honor  and  to  maintain 
your  independence  from  the  degrading  yoke 
which  those  ruthless  invaders  had  come  to  im 
pose  and  render  perpetual :  and  the  (lay's  issue 
has  assured  me  that  such  emotions  must  also 
have  animated  all  under  my  command. 

In  the  mean  time  the  enemy  had  seized  upon 
the  plateau  on  which  the  Robinson  and  Henry 
houses  are  situated — the  position  first  occupied 
in  the  morning  by  Gen.  Bee,  before  advancing 
to  the  support  of  Evans.  Rickett's  battery  of 
six  rifled  guns — the  pride  of  the  Federalists,  the 
object  of  their  unstinted  expenditure  in  outfit — 
and  the  equally  powerful  regular  light  battery 
of  Griffin  were  brought  forward  and  placed  in 
immediate  action,  after  having,  conjointly  with 
the  batteries  already  mentioned,  played  from 
former  positions  with  destructive  effect  upon 
our  forward  battalions. 

The  topographical  features  of  the  plateau, 
now  become  the  stage  of  the  contending  armies, 
must  be  described  in  outline. 

A  glance  at  the  map  will  show  that  it  is  en 
closed  on  three  sides  by  small  watercourses, 
which  empty  into  Bull  Run  within  a  few  yards 
of  each  other,  half  a  mile  to  the  south  of  the 
Stone  Bridge.  Rising  to  an  elevation  of  quite 
one  hundred  feet  above  the  level  of  Bull  Run 
at  the  bridge,  it  falls  off  on  three  sides  to  the 
level  of  the  enclosing  streams  in  gentle  slopes, 
but  which  are  furrowed  by  ravines  of  irregular 
direction  and  length,  and  studded  with  clumps 
and  patches  of  young  pines  and  oaks.  The  gen 
eral  direction  of  the  crest  of  the  plateau  is  ob 
lique  to  the  course  of  Bull  Run  in  that  quarter, 
and  on  the  Brentsville  and  turnpike  roads  which 
intersect  each  other  at  right  angles.  Completely 
surrounding  the  two  houses  before  mentioned, 
are  small  open  fields  of  irregular  outline,  and 
exceeding  one  hundred  and  fifty  acres  in  extent. 
The  houses  occupied  at  the  time,  the  one  by 
widow  Henry,  and  the  other  by  the  free  negro 
Robinson,  are  small  wooden  buildings,  densely 
embowered  in  trees  and  environed  by  a  double 
row  of  fences  on  two  sides.  Around  the  east 
ern  and  southern  brow  of  the  plateau,  an  almost 
unbroken  fringe  of  second  growth  pines  gave 
excellent  shelter  for  our  marksmen,  who  availed 
themselves  of  it  with  the  most  safisfactory  skill. 
To  the  west,  adjoining  the  fields,  a  broad  belt 
of  oaks  extends  directly  across  the  crest  on  both 
sides  of  the  Sudley  road,  in  which,  during  the 
battle,  regiments  of  both  armies  met  and  con 
tended  for  the  mastery. 

From  the  open  ground  of  this  plateau,  the 
view  embraces  a  wide  expanse  of  woods,  and 
gently  undulating  open  country  of  broad  grass 
and  grain  fields  in  all  directions,  including  the 
scene  of  Evans'  and  Bee's  recent  encounter 
with  the  enemy — some  twelve  hundred  yards 
to  the  northward. 

In  reply  to  the  play  of  the  enemy's  batteries, 
our  own  artillery  had  not  been  idle  or  unskil 
ful.  The  ground  occupied  by  our  guns,  on  a 
level  with  that  held  by  the  batteries  of  the  ene- 


74 


REBELLION  RECORD,  1860-61. 


my,  was  an  open  space  of  limited  extent,  behind 
a  low  undulation,  just  at  the  eastern  verge  of 
the  plateau,  some  live  hundred  or  six  hundred 
yards  from  the  Henry  house.  Here,  as  before 
said,  some  thirteen  pieces,  mostly  six  pounders, 
were  maintained  in  action, — the  several  bat 
teries  of  Iinboden,  Stanard,  Pendleton,  (Rock- 
bridge  Artillery,)  and  Alburtis',  of  the  Army 
of  the  Shenandoah,  and  five  guns  of  Walton's 
and  Beaton's  section  of  Rogers'  battery,  of  the 
Army  of  the  Potomac,  alternating  to  some  ex 
tent  with  each  other,  and  taking  part  as  need 
ed  ;  all  from  the  outset  displaying  that  mar 
vellous  capacity  of  our  people  as  artillerists 
which  has  made  them,  it  would  appear,  at  once 
the  terror  and  the  admiration  of  the  enemy. 

As  was  soon  apparent,  the  Federalists  had 
suffered  severely  from  our  artillery  and  from 
the  fire  of  our  musketry  on  the  right,  and  espe 
cially  from  the  left  flank,  placed  under  cover, 
within  whose  galling  range  they  had  been  ad 
vanced.  And  we  are  told  in  their  official  reports 
how  regiment  after  regiment,  thrown  forward 
to  dislodge  us,  was  broken,  never  to  recover  its 
entire  organization  on  that  field. 

In  the  mean  time,  also,  two  companies  of 
Stuart's  Cavalry  (Carter's  and  Hoge's)  made  a 
dashing  charge  down  the  Brentsville  and  Sudley 
road  upon  the  Fire  Zouaves — then  the  enemy's 
right  on  the  plateau — which  added  to  their  dis 
order,  wrought  by  our  musketry  on  that  flank. 
But  still  the  press  of  the  enemy  was  heavy  in 
that  quarter  of  the  field,  as  fresh  troops  were 
thrown  forward  there  to  outflank  us,  and  some 
three  guns  of  a  battery,  in  an  attempt  to  obtain 
a  position  apparently  to  enfilade  our  batteries, 
were  thrown  so  close  to  the  Thirty-third  regi 
ment,  Jackson's  brigade,  that  that  regiment, 
springing  forward,  seized  them,  but  with  severe 
loss,  and  was  subsequently  driven  back  by  an 
overpowering  force  of  Federal  musketry. 

Now,  full  two  o'clock  P.  M.,  I  gave  the  order 
for  the  right  of  my  line,  except  my  reserves,  to 
advance  to  recover  the  plateau.  It  was  done 
with  uncommon  resolution  and  vigor,  and  at 
the  same  time  Jackson's  brigade  pierced  the 
enemy's  centre  with  the  determination  of  vet 
erans  and  the  spirit  of  men  who  fight  for  a 
sacred  cause ;  but  it  suffered  seriously.  With 
equal  spirit  the  other  parts  of  the  line  made 
the  onset,  and  the  Federal  lines  were  broken 
and  swept  back,  at  all  points,  from  the  open 
ground  of  the  plateau.  Rallying  soon,  how 
ever,  as  they  were  strongly  reinforced  by  fresh 
regiments,  the  Federalists  returned,  and  by 
weight  of  numbers  pressed  our  lines  back,  re 
covered  their  ground  and  guns,  and  renewed 
the  offensive. 

By  this  time,  between  half-past  two  and  three 
o'clock  p.  M.,  our  reinforcements  pushed  for 
ward,  and,  directed  by  General  Johnston  to  the 
required  quarter,  were  at  hand  just  as  I  had 
ordered  forward,  to  a  second  effort,  for  the  re 
covery  of  the  disputed  plateau,  the  whole  line, 
including  my  reserves,  which,  at  this  crisis  of 
the  battle,  I  felt  called  upon  to  lead  in  person. 


This  attack  was  general,  and  was  shared  in  by 
every  regiment  then  in  the  field,  including  the 
Sixth  (Fisher's)  North  Carolina  regiment,  which 
had  just  come  up  and  taken  position  on  the  im 
mediate  left  of  the  Forty-ninth  Virginia  regi 
ment.  The  whole  open  ground  was  again 
swept  clear  of  the  enemy,  and  the  plateau 
around  the  Henry  and  Robinson  houses  re 
mained  finally  in  our  possession,  with  the 
greater  part  of  the  Rickett  and  Griffin  bat 
teries,  and  a  flag  of  the  First  Michigan  regi 
ment,  captured  by  the  Twenty-seventh  Vir 
ginia  regiment,  (Lieut.-Col.  Echolls,)  of  Jack- 
sou's  brigade.  This  part  of  the  day  was  rich 
with  deeds  of  individual  coolness  and  dauntless 
conduct,  as  well  as  well-directed  embodied  res 
olution  and  bravery,  but  fraught  with  the  loss 
to  the  service  of  the  country  of  lives  of  inestima 
ble  preciousness  at  this  juncture.  The  brave 
Bee  was  mortally  wounded  at  the  head  of  the 
Fourth  Alabama  and  some  Mississippians,  in  an 
open  field  near  the  Henry  house,  and  a  few 
yards  distant  the  promising  life  of  Bartow, 
while  leading  the  Seventh  Georgia  regiment, 
was  quenched  in  blood.  Colonel  F.  J.  Thomas, 
Acting  Chief  of  Ordnance,  of  General  John 
ston's  staff,  after  gallant  conduct  and  most 
efficient  service,  was  also  slain.  Col.  Fisher, 
Sixth  North  Carolina,  likewise  fell,  after  sol 
dierly  behavior,  at  the  head  of  his  regiment, 
with  ranks  greatly  thinned. 

Withers'  Eighteenth  regiment  of  Cocke's  bri 
gade  had  come  up  in  time  to  follow  this  charge, 
and,  in  conjunction  with  Hampton's  Legion, 
captured  several  rifle  pieces  which  may  have 
fallen  previously  in  possession  of  some  of  our 
troops ;  but  if  so,  had  been  recovered  by  the 
enemy.  These  pieces  were  immediately  turned 
and  effectively  served  on  distant  masses  of  the 
enemy  by  the  hands  of  some  of  our  officers. 

While  the  enemy  had  thus  been  driven  back 
on  our  right  entirely  across  the  turnpike,  and 
beyond  Young's  branch  on  our  left,  the  woods 
yet  swarmed  with  them,  when  our  reinforce 
ments  opportunely  arrived  in  quick  succession, 
and  took  position  in  that  portion  of  the  field. 
Kershaw's  Second  and  Cash's  Eighth  South 
Carolina  regiments,  which  had  arrived  soon 
after  Withers',  were  led  through  the  oaks  just 
east  of  the  Sudley-Brentsville  road,  brushing 
some  of  the  enemy  before  them,  and,  taking  an 
advantageous  position  along  and  west  of  that 
road,  opened  with  much  skill  and  effect  on 
bodies  of  the  enemy  that  had  been  rallied  under 
cover  of  a  strong  Federal  brigade  posted  on  a 
plateau  in  the  southwest  angle,  formed  by  in 
tersection  of  the  turnpike  with  the  Sudley- 
Brentsville  road.  Among  the  troops  thus  en 
gaged  were  the  Federal  regular  infantry. 

At  the  same  time  Kemper's  battery,  passing 
northward  by  the  S.  B.  road,  took  position  on 
the  open  space — under  orders  of  Colonel  Ker- 
shaw— near  where  an  enemy's  battery  had  been 
captured,  and  was  opened  with  effective  results 
upon  the  Federal  right,  then  the  mark  also  of 
Kershaw's  and  Cash's  regiments. 


DOCUMENia 


75 


Preston's  Twenty-eighth  regiment,  of  Cocke's 
brigade,  had  by  that  time  entered  the  same 
body  of  oaks,  and  encountered  some  Michigan 
troops,  capturing  their  brigade  commander, 
Colonel  Wilcox. 

Another  important  accession  to  our  forces 
had  also  occurred  about  the  same  time,  at  three 
o'clock  P.  M.  Brigadier-General  E.  K.  Smith, 
with  some  one  thousand  and  seven  hundred  in 
fantry  of  Elzey's  brigade,  of  the  Army  of  the 
Shenandoah,  and  Beckham's  battery,  came  up  on 
the  field  from  Camp  Pickens,  Manassas,  where 
they  had  arrived  by  railroad  at  noon.  Directed 
in  person  by  General  Johnston  to  the  left,  then 
so  much  endangered,  on  reaching  a  position  in 
rear  of  the  oak  woods,  south  of  the  Henry 
house,  and  immediately  east  of  the  Sudley  road, 
General  Smith  was  disabled  by  a  severe  wound, 
and  his  valuable  services  were  lost  at  that  crit 
ical  juncture.  But  the  command  devolved  upon 
a  meritorious  officer  of  experience,  Colonel 
Elzey,  who  led  his  infantry  at  once  somewhat 
further  to  the  left,  in  the  direction  of  the  Chinn 
house,  across  the  road,  through  the  oaks  skirt 
ing  the  west  side  of  the  road,  and  around  which 
he  sent  the  battery  under  Lieutenant  Beckham. 
This  officer  took  up  a  most  favorable  position 
near  that  house,  whence,  with  a  clear  view  of 
the  Federal  right  and  centre,  filling  the  open 
fields  to  the  west  of  the  Brentsville-Sudley  road, 
and  gently  sloping  southward,  he  opened  fire 
with  his  battery  upon  them  with  deadly  and 
damaging  effect. 

Colonel  Early,  who,  by  some  mischance,  did 
not  receive  orders  until  two  o'clock,  which  had 
been  sent  him  at  noon,  came  on  the  ground  im 
mediately  after  Elzey,  with  Kemper's  Seventh 
Virginia,  Hays'  Seventh  Louisiana,  and  Barks- 
dale's  Thirteenth  Mississippi  regiments.  This 
brigade,  by  the  personal  direction  of  General 
Johnston,  was  marched  by  the  Holkham  house, 
across  the  fields  to  the  left,  entirely  around  the 
woods  through  which  Elzey  had  passed,  and 
under  a  severe  fire,  into  a  position  in  line  of 
battle  near  Chiun's  house,  outflanking  the  ene 
my's  right. 

At  this  time,  about  half-past  three  p.  M.,  the 
enemy,  driven  back  on  their  left  and  centre, 
and  brushed  from  the  woods  bordering  the 
Sudley  road,  south  and  west  of  the  Henry 
house,  had  formed  a  line  of  battle  of  truly  for 
midable  proportions  of  crescent  outline,  reach 
ing  on  their  left  from  the  vicinity  of  Pittsylva- 
nia,  (the  old  Carter  mansion,)  by  Matthew's  and 
in  rear  of  Dugan's,  across  the  turnpike  near  to 
Chinn's  house.  The  woods  and  fields  were 
filled  with  their  masses  of  infantry  and  their 
carefully  preserved  cavalry.  It  was  a  truly 
magnificent,  though  redoubtable  spectacle,  as 
they  threw  forward  in  fine  style,  on  the  broad, 
gentle  slopes  of  the  ridge  occupied  by  their 
main  lines,  a  cloud  of  skirmishers,  preparatory 
for  another  attack. 

But,  as  Early  formed  his  line,  and  Beckam's 
pieces  playing  upon  the  right  of  the  enemy, 
Elzey's  brigade,  Gibbon's  Tenth  Virginia,  Lieu 


tenant-Colonel  Stuart's  First  Maryland,  and 
Vaughn's  Third  Tennessee  regiments,  and  Cash's 
Eighth  and  Kershaw's  Second  South  Carolina, 
Withers'  Eighteenth  and  Preston's  Twenty- 
eighth  Virginia,  advanced  in  an  irregular  line 
almost  simultaneously  with  great  spirit  from 
their  several  positions  upon  the  front  and  flanks 
of  the  enemy  in  their  quarter  of  the  field.  At 
the  same  time,  too,  Early  resolutely  assailed 
their  right  flank  and  rear.  Under  the  com 
bined  attack  the  enemy  was  soon  forced,  first 
over  the  narrow  plateau  in  the  southern  angle 
made  by  the  two  roads  so  often  mentioned, 
into  a  patch  of  woods  on  its  western  slope, 
thence  back  over  Young's  Branch  and  the 
turnpike  into  the  fields  of  the  Dugan  farm  and 
rearward,  in  extreme  disorder,  in  all  available 
directions,  towards  Bull  Run.  The  rout  had 
now  become  general  and  complete. 

About  the  time  that  Elzey  and  Early  were 
entering  into  action  a  column  of  the  enemy, 
Keyes'  brigade,  of  Tyler's  division,  made  its 
way  across  the  turnpike  between  Bull  Run  and 
the  Robinson  house,  under  cover  of  a  wood 
and  brow  of  the  ridges,  apparently  to  turn  my 
right,  but  was  easily  repulsed  by  a  few  shots 
from  Latham's  battery,  now  united  and  placed 
in  position  by  Captain  D.  B.  Harris,  of  the 
Virginia  engineers,  whose  services  during  the 
day  became  his  character  as  an  able,  cool,  and 
skilful  officer,  and  from  Alburtis'  battery,  op 
portunely  ordered  by  General  Jackson  to  a  po 
sition  to  the  right  of  Latham,  on  a  hill  com 
manding  the  line  of  approach  of  the  enemy, 
and  supported  by  portions  of  regiments  collected 
together  by  the  staff  officers  of  General  John 
ston  and  myself. 

Early's  brigade,  meanwhile,  joined  by  the 
Nineteenth  Virginia  regiment,  Lieutenant-Col 
onel  Strange,  of  Cocke's  brigade,  pursued  the 
now  panic-stricken,  fugitive  enemy.  Stuart, 
with  his  cavalry,  and  Beckham  had  also  taken 
up  the  pursuit  along  the  road  by  which  the  en 
emy  had  come  upon  the  field  that  morning ;  but, 
soon  encumbered  by  prisoners  who  thronged 
his  way,  the  former  was  unable  to  attack  the 
mass  of  the  fast-fleeing,  frantic  Federalists. 
Withers',  R.  J.  Preston's,  Cash's,  and  Ker- 
shaw's  regiments,  Hampton's  Legion  and  Kem 
per's  battery  also  pursued  along  the  Warrenton 
road  by  the  Stone  bridge,  the  enemy  having 
opportunely  opened  a  way  for  them  through 
the  heavy  abatis  which  my  troops  had  made 
on  the  west  side  of  the  bridge  several  days  be 
fore.  But  this  pursuit  was  soon  recalled,  in 
consequence-of  a  false  report  which  unfortunate 
ly  reached  us  that  the  enemy's  reserves,  known 
to  be  fresh  and  of  considerable  strength,  were 
threatening  the  position  of  Union  Mills  ford. 

Colonel  Radford,  with  six  companies  Vir 
ginia  cavalry,  was  also  ordered  by  General 
Johnston  to  cross  Bull  Run  and  attack  the  en 
emy  from  the  direction  of  Lewis'  house,  con 
ducted  by  one  of  my  aids,  Colonel  Chisholm, 
by  the  Lewis  ford,  to  the  immediate  vicinity 
of  the  suspension  bridge  ;  he  charged  a  battery 


76 


REBELLION  RECORD,    1860-61. 


with  great  gallantry,  took  Colonel  Corcoran  of 
the  Sixty-iiinth  New  York  Volunteers  a  pris 
oner,  and  captured  the  Federal  colors  of  that 
regiment,  as  well  as  a  number  of  the  enemy. 
He  lost,  however,  a  prominent  officer  of  his 
regiment,  Captain  Winston  Radford. 

Lieutenant-Colonel  Munford  also  led  some 
companies  of  cavalry  in  hot  pursuit,  and  ren 
dered  material  service  in  the  capture  of  pris 
oners,  and  of  cannon,  horses,  ammunition,  &c., 
abandoned  by  the  enemy  in  their  flight. 

Captain  Lay's  company  of  the  Powhatan 
troops  and  Utterback's  Rangers,  Virginia  Vol 
unteers,  attached  to  my  person,  did  material 
service,  under  Captain  Lay,  in  rallying  troops 
broken  for  the  time  by  the  onset  of  the  enemy's 
masses. 

During  the  period  of  the  momentous  events 
fraught  with  the  weal  of  our  country,  which 
were  passing  on  the  blood-stained  plateau  along 
the  Sudley  and  Warrenton  roads,  other  portions 
of  the  line  of  Bull  Run  had  not  been  void  of 
action,  of  moment,  and  of  influence  upon  the 
general  result. 

While  Colonel  Evans  and  his  sturdy  band 
were  holding  at  bay  the  Federal  advance  beyond 
the  turnpike,  the  enemy  made  repeated  demon 
strations  with  artillery  and  infantry  upon  the  line 
of  Cocke's  brigade,  with  the  serious  intention  of 
forcing  the  position,  as  General  Schenck  admits 
in  his  report.  They  were  driven  back  with 
severe  loss  by  Latham's  (a  section)  and  Rogers' 
four  six-pounders,  and  were  so  impressed  with 
the  strength  of  that  line  as  to  be  held  in  check 
and  inactive  even  after  it  had  been  stripped  of 
all  its  troops  but  one  company  of  the  Nine 
teenth  Virginia  regiment  under  Captain  Duke, 
a  meritorious  officer.  And  it  is  worthy  of 
notice  that  in  this  encounter  of  our  six-pounder 
guns,  handled  by  our  volunteer  artillerists,  they 
had  worsted  such  a  notorious  adversary  as  the 
Ay  res'— formerly  Sherman's — battery,  which 
quit  the  contest  under  the  illusion  that  it  had 
weightier  metal  than  its  own  to  contend  with. 

The  centre  brigades — Bonham's  and  Long- 
street's— of  the  line  of  Bull  Run,  if  not  closely 
engaged,  were  nevertheless  exposed  for  much 
of  the  day  to  an  annoying,  almost  incessant  fire 
of  artillery  of  long  range ;  but  by  a  steady, 
veteran-like  maintenance  of  their  positions  they 
held  virtually  paralyzed  all  day  two  strong 
brigades  of  the  enemy,  with  their  batteries 
(four)  of  rifle  guns. 

As  before  said,  two  regiments  of  Bonham's 
brigade,  Second  and  Eighth  South  Carolina 
Volunteers,  and  Kemper's  battery  took  a  dis 
tinguished  part  in  the  battle.  The  remainder, 
Third,  (Williams')  Seventh  (Bacon's)  South  Car 
olina  Volunteers;  Eleventh  (Kirkland's)  North 
Carolina  regiment ;  six  companies  Eighth  Louis 
iana  Volunteers ;  Shield's  battery,  and  one  sec 
tion  of  Walton's  battery,  under  Lieutenant 
Garnett,  whether  in  holding  their  post  or  tak 
ing  up  the  pursuit,  officers  and  men  discharged 
their  duty  with  credit  and  promise. 

Longstreet's  brigade,  pursuant  to  orders  pre 


scribing  his  part  of  the  operations  of  the  cen 
tre  and  right  wings,  was  thrown  across  Bull 
Run  early  in  the  morning,  and,  under  a  severe 
lire  of  artillery,  was  skilfully  disposed  for  the 
assault  of  the  enemy's  batteries  in  that  quarter, 
but  were  withdrawn  subsequently,  in  conse 
quence  of  the  change  of  plan  already  mentioned 
and  explained.  The  troops  of  this  brigade 
were:  First,  Major  Skinner;  Eleventh,  Gar 
land's;  Twenty-fourth,  Lieut.-Col.  Hairston's; 
Seventeenth,  Corse's  Virginia  regiments ;  Fifth 
North  Carolina,  Lieutenant-Colonel  Jones,  and 
Whitehead's  company  of  Virginia  cavalry. 
Throughout  the  day  these  troops  evinced  the 
most  soldierly  spirit. 

After  the  rout,  having  been  ordered  by  Gen 
eral  Johnston  in  the  direction  of  Centreville  in 
pursuit,  these  brigades  advanced  near  to  that 
!  place,  when,  night  and  darkness  intervening, 
j  General  Bonham  thought  it  proper  to  direct 
his  own  brigade  and  that  of  General  Long- 
street  back  to  Bull  Run. 

General  D.  B.  Jones  early  in  the  day  crossed 
Bull  Run  with  his  brigade,  pursuant  to  orders 
indicating  his  part  in  the  projected  attack  by 
our  right  wing  and  centre  on  the  enemy  at 
Centreville,  took  up  a  position  on  the  Union 
Mills  and  Centreville  road,  more  than  a  mile 
in  advance  of  the  Run.  Ordered  back  in 
consequence  of  miscarriage  of  the  orders  to 
General  Ewell,  the  retrogade  movement  was 
necessarily  made  under  a  sharp  fire  of  artil 
lery. 

At  noon  this  brigade,  in  obedience  to  new 
instructions,  was  again  thrown  across  Bull  Run 
to  make  demonstrations.  Unsupported  by  other 
troops,  the  advance  was  gallantly  made  until 
within  musket  range  of  the  enemy's  force — 
Colonel  Davis'  brigade  in  position  near  Rocky 
Run  and  under  the  concentrated  fire  of  their 
artillery.  In  this  affair  the  Fifth,  Jenkins' 
South  Carolina,  and  Captain  Fontaine's  com 
pany  of  the  Eighteenth  Mississippi  regiment, 
are  mentioned  by  General  Jone^  as  having 
shown  conspicuous  gallantry,  coolness,  and  dis 
cipline  under  a  combined  fire  of  infantry  and 
artillery.  Not  only  did  the  return  fire  of  the 
brigade  drive  to  cover  the  enemy's  infantry,  but 
the  movement  unquestionably  spread  through 
the  enemy's  ranks  a  sense  of  insecurity  and 
danger  from  an  attack  by  that  route  on  their 
rear  at  Centreville,  which  served  to  augment 
the  extraordinary  panic  which  we  know  dis 
banded  the  entire  Federal  army  for  the  time. 
This  is  evident  from  the  fact  that  Colonel 
Davies,  the  immediate  adversary's  commander, 
in  his  official  report,  was  induced  to  magnify 
one  small  company  of  our  cavalry  which  ac 
companied  the  brigade  into  a  force  of  two 
thousand  men;  and  Colonel  Miles,  the  com 
mander  of  the  Federal  reserves  at  Centreville, 
says  the  movement  "  caused  painful  apprehen 
sions  for  the  left  wing  ''  of  their  army. 

General  Ewell,  occupying  for  the  time  the 
right  of  the  lines  of  Bull  Run  at  Union  Mills 
ford,  after  the  miscarriage  of  my  orders  for  his 


DOCUMENTS. 


77 


advance  upon  Centreville,  in  the  afternoon  was 
ordered  by  General  Johnston  to  bring  up  his 
brigade  into  battle,  then  raging  on  the  left 
flank.  Promptly  executed  as  this  movement 
was,  the  brigade  after  a  severe  march  reached 
the  field  too  late  to  share  the  glories,  as  they 
had  the  labors,  of  the  day.  As  the  important 
position  at  the  Union  Mills  had  been  left  with 
but  a  slender  guard,  General  Ewell  was  at  once 
ordered  to  retrace  his  steps  and  resume  his  po 
sition  to  prevent  the  possibility  of  its  seizure 
by  any  force  of  the  enemy  in  that  quarter. 

Brigadier-General  Holmes,  left  with  his  bri 
gade  as  a  support  to  the  same  position  in  the 
original  plan  of  battle,  had  also  been  called  to 
the  left,  whither  he  marched  with  the  utmost 
speed,  but  not  in  time  to  join  actively  in  the 
battle. 

Walker's  rifle  guns  of  the  brigade,  however, 
came  up  in  time  to  be  fired  with  precision  and 
decided  execution  at  the  retreating  enemy,  and 
Scott's  cavalry,  joining  in  the  pursuit,  assisted 
in  the  capture  of  prisoners  of  war  and  muni 
tions. 

This  victory,  the  details  of  which  I  have  thus 
sought  to  chronicle  as  fully  as  were  fitting  an 
official  report,  it  remains  to  record,  was  dearly 
won  by  the  death  of  many  officers  and  men  of 
inestimable  value  belonging  to  all  grades  of  our 
society. 

In  the  death  of  General  Bernard  E.  Bee  the 
confederacy  has  sustained  an  irreparable  loss, 
for  with  great  personal  bravery  and  coolness  he 
possessed  the  qualities  of  an  accomplished  sol 
dier  and  an  able,  reliable  commander. 

Colonels  Bartow  and  Fisher,  and  Lieutenant- 
Colonel  Johnson  of  Hampton's  Legion,  in  the 
fearless  command  of  their  men,  gave  earnest  of 
great  usefulness  to  the  service  had  they  been 
spared  to  complete  a  career  so  brilliantly  begun. 
Besides  the  field-officers  already  mentioned  as 
having  been  wounded  while  in  the  gallant  dis 
charge  of  their  duties,  many  others  also  receiv 
ed  severe  wounds  after  equally  honorable  and 
distinguished  conduct,  whether  in  leading  their 
men  forward  or  in  rallying  them  when  over 
powered  or  temporarily  shattered  by  the  largely 
superior  force  to  which  we  were  generally  op 
posed. 

The  subordinate  grades  were  likewise  abun 
dantly  conspicuous  for  zeal  and  capacity  for  the 
leadership  of  men  in  arms.  To  mention  all 
who,  fighting  well,  paid  the  lavish  forfeit  of 
their  lives,  or  at  least  crippled,  mutilated  bodies 
on  the  field  of  Manassas,  cannot  well  be  done 
within  the  compass  of  this  paper,  but  a  grateful 
country  and  mourning  friends  will  not  suffer 
their  names  and  services  to  be  forgotten  and 
pass  away  unhonored. 

Nor  are  those  officers  and  men  who  were  so 
fortunate  as  to  escape  the  thick-flying,  deadly 
missiles  of  the  enemy,  less  worthy  of  praise  for 
their  endurance,  firmness,  and  valor  than  their 
brothers-in-arms,  whose  lives  were  closed,  or 
bodies  maimed,  on  that  memorable  day.  To 
mention  all  who  exhibited  ability  and  brilliant 
SUP.  Doc. 


courage  were  impossible  in  this  report;  nor  do 
the  reports  of  brigade  and  other  subordinate 
commanders  supply  full  lists  of  all  actually  de 
serving  of  distinction.  I  can  only  mention  those 
whose  conduct  came  immediately  under  my  no 
tice,  or  the  consequence  of  whose  actions  hap 
pened  to  be  signally  important. 

It  is  fit  that  I  should  in  this  way  commend  to 
notice  the  dauntless  conduct  and  imperturbable 
coolness  of  Colonel  Evans,  and  well  indeed  was 
he  supported  by  Colonel  Sloan  and  the  officers 
of  the  Fourth  South  Carolina  regiment,  as  also 
Major  Wheat,  than  whom  no  one  displayed 
more  brilliant  courage  until  carried  from  the 
field,  shot  through  the  lungs,  though  happily 
not  mortally  stricken.  But  in  the  desperate, 
unequal  contest  to  which  those  brave  gentle 
men  were  for  a  time  necessarily  exposed,  the 
behavior  of  officers  and  men  generally  was 
worthy  of  the  highest  admiration  ;  and  assuredly 
hereafter  all  those  present  may  proudly  say, 
"  We  were  of  that  band  who  fought  the  first 
hour  of  the  battle  of  Manassas."  Equal  honors 
and  credit  must  also  be  awarded  in  the  pages  of 
history  to  the  gallant  officers  and  men  who,  under 
Bee  and  Bartow,  subsequently  marching  to  their 
side,  saved  them  from  destruction,  and  relieved 
them  from  the  brunt  of  the  enemy's  attack. 

The  conduct  of  General  Jackson  also  requires 
mention  as  eminently  that  of  an  able,  fearless 
soldier  and  sagacious  commander,  one  fit  to  lead 
his  brigade ;  his  efficient,  prompt,  timely  arrival 
before  the  plateau  of  the  Henry  house,  and  his 
judicious  disposition  of  his  troops,  contributed 
much  to  the  success  of  the  day.  Although  pain 
fully  wounded  in  the  hand,  he  remained  on  the 
field  to  the  end  of  the  battle,  rendering  invalu 
able  assistance. 

Colonel  William  Smith  was  as  efficient,  as 
self-possessed  and  brave;  the  influence  of  his 
example  and  his  words  of  encouragement  was 
not  confined  to  his  immediate  command,  the 
good  conduct  of  which  is  especially  noticeable, 
inasmuch  as  it  had  been  embodied  but  a  day  or 
two  before  the  battle. 

Colonels  Harper,  Htmton,  and  Hampton,  com 
manding  regiments  of  the  reserve,  attracted  my 
notice  by  their  soldierly  ability,  as  with  their 
gallant  commands  they  restored  the  fortunes  of 
the  day  at  a  time  when  the  enemy,  by  a  last 
desperate  onset  with  heavy  odds,  had  driven 
our  forces  from  the  fiercely  contested  ground 
around  the  Henry  and  Robinson  houses.  Veter 
ans  could  not  have  behaved  better  than  these 
well-led  regiments. 

High  praise  must  also  be  given  to  Cols. 
Cocke,  Early,  and  Elzey,  brigade  commanders ; 
also  to  Colonel  Kershaw,  commanding  for  the 
time  the  Second  and  Eighth  South  Carolina 
regiments.  Under  the  instructions  of  General 
Johnston,  these  officers  reached  the  field  at  an 
opportune,  critical  moment,  and  disposed,  han 
dled  and  fought  their  respective  commands  with 
sagacity,  decision  and  successful  results  which 
have  been  described  in  detail. 

Colonel  J.  E.  H.  Stuart  likewise  deserves 


78 


REBELLION  RECORD,    1860-61. 


mention  for  his  enterprise  and  ability  as  a  cav 
alry  commander.  Through  his  judicious  recon- 
noissance  of  the  country  on  our  left  flank  he 
acquired  information,  both  of  topographical 
features  and  the  positions  of  the  enemy,  of  the 
utmost  importance  in  the  subsequent  and  clos 
ing  movements  of  the  day  on  that  flank,  and  his 
services  in  the  pursuit  were  highly  effective. 

Captain  E.  P.  Alexander,  C.  S.  Engineers, 
gave  me  seasonable  and  material  assistance  early 
in  the  day  with  his  system  of  signals.  Almost 
the  first  shot  fired  by  the  enemy  passed  through 
the  tent  of  his  party  at  the  Stone  Bridge,  where 
they  subsequently  firmly  maintained  tlieir  posi 
tion  in  the  discharge  of  their  duty — the  trans 
mission  of  messages  of  the  enemy's  movements 
— for  several  hours  under  fire.  Later,  Captain 
Alexander  acted  as  my  aide-de-camp  in  the 
transmission  of  orders  and  in  observation  of  the 
enemy. 

I  was  most  efficiently  served  throughout  the 
day  by  my  volunteer  aids,  Colonels  Preston, 
Manning,  Chesnut,  Miles,  Rice,  Heyward,  and 
Chisholm,  to  whom  I  tender  my  thanks  for  their 
unflagging,  intelligent,  and  fearless  discharge  of 
the  laborious  and  responsible  duties  entrusted 
to  them.  To  Lieut.  S.  W.  Ferguson,  A.  D.  C., 
and  Col.  Heyward,  who  were  habitually  at  my 
side  from  twelve  noon  until  the  close  of  the 
battle,  my  special  acknowledgments  are  due. 
The  horse  of  the  former  was  killed  under  him 
by  the  same  shell  that  wounded  that  of  the  lat 
ter.  Both  were  eminently  useful  to  me,  and 
were  distinguished  for  coolness  and  courage, 
until  the  enemy  gave  way  and  fled  in  wild  dis 
order  in  every  direction,  a  scene  the  President 
of  the  Confederacy  had  the  high  satisfaction  of 
witnessing,  as  he  arrived  upon  the  field  at  that 
exultant  moment. 

I  also  received,  from  the  time  I  reached  the 
front,  such  signal  service  from  H.  E.  Peyton,  at 
the  time  a  private  in  the  Loudon  Cavalry,  that 
I  have  called  him  to  my  personal  staff.  Similar 
services  were  also  rendered  me  repeatedly  dur 
ing  the  battle  by  T.  J.  Randolph,  a  volunteer 
acting  aide-de-camp  to  Colonel  Cocke. 

Captain  Clifton  II.  Smith,  of  the  general 
Ftaff,  was  also  present  on  the  field,  and  ren 
dered  eificient  service  in  the  transmission  of 
orders. 

It  must  be  permitted  me  here  to  record  my 
profound  sense  of  my  obligations  to  General 
Johnston  for  his  generous  permission  to  carry 
out  my  plans,  with  such  modifications  as  cir 
cumstances  had  required.  From  his  services 
on  the  field — as  we  entered  it  together — already 
mentioned,  and  his  subsequent  watchful  man 
agement  of  the  reinforcements  as  they  reached 
the  vicinity  of  the  field,  our  countrymen  may 
draw  the  most  auspicious  auguries. 

To  Colonel  Thomas  Jordan,  my  efficient  and 
Eealous  Assistant  Adjutant-General,  much  cred 
it  is  due  for  his  able  assistance  in  the  organi 
zation  of  the  forces  under  my  command,  and 
Cor  the  intelligence  and  promptness  with  which 


he  has  discharged  all  the  laborious  and  impor 
tant  duties  of  his  office. 

Valuable  assistance  was  given  to  me  by  Major 
Cabell,  chief  officer  of  the  Quartermaster's  De 
partment,  in  the  sphere  of  his  duties— duties 
environed  by  far  more  than  the  ordinary  diffi 
culties  and  embarrassments  attending  tlie  opera 
tions  of  a  long  organized  regular  establishment. 

Colonel  B.  B.  Lee,  Chief  of  Subsistence  De 
partment,  had  but  just  entered  upon  his  duties, 
but  his  experience,  and  long  and  varied  ser 
vices  in  his  department,  made  him  as  efficient  aa 
possible. 

Captain  W.  H.  Fowle,  whom  Colonel  Lee  had 
relieved,  had  previously  exerted  himself  to  the 
utmost  to  carry  out  orders  from  these  head 
quarters,  to  render  his  department  equal  to  the 
demands  of  the  service ;  that  it  was  not  entirely 
so,  it  is  due  to  justice  to  say,  was  certainly  not 
his  fault. 

Deprived  by  the  sudden  severe  illness  of  the 
Medical  Director,  Surgeon  Thomas  II.  "Wil 
liams,  his  duties  were  discharged  by  Surgeon 
R.  L.  Brodie,  to  my  entire  satisfaction  ;  and  it 
is  proper  to  say  that  the  entire  medical  corps 
of  the  army,  at  present  embracing  gentlemen 
of  distinction  in  the  profession,  who  had  quit 
lucrative  private  practice,  by  their  services  in 
the  field  and  subsequently,  did  high  honor  to 
tlieir  profession. 

The  vital  duties  of  the  Ordnance  Department 
were  effectively  discharged  under  the  adminis 
tration  of  my  Chief  of  Artillery  and  Ordnancej 
Colonel  S.  Jones. 

At  one  time,  when  reports  of  evil  omen  and 
disaster  reached  Camp  Pickens,  with  such  cir 
cumstantiality  as  to  give  reasonable  grounds  of 
anxiety,  its  commander,  Colonel  Terrett,  the 
commander  of  the  intrenched  batteries,  Cap 
tain  Sterrett,  of  the  Confederate  States  Navy, 
and  their  officers,  made  the  most  efficient  pos 
sible  preparations  for  the  desperate  defence  of 
that  position  in  extremity ;  and,  in  this  con 
nection,  I  regret  my  inability  to  mention  the 
names  of  those  patriotic  gentlemen  of  Virginia, 
by  the  gratuitous  labor  of  whose  slaves  the  in 
trenched  camp  at  Manassas  had  been  mainly 
constructed,  relieving  the  troops  from  that 
laborious  service  and  giving  opportunity  for 
their  military  instruction. 

Lieutenant-Colonel  Thomas  H.  Williamson, 
the  engineer  of  these  works,  assisted  by  Cap 
tain  D.  B.  Harris,  discharged  his  duties  with 
untiring  energy  and  devotion,  as  well  as  satis 
factory  skill.  Captain  W.  H.  Stevens,  Engineer 
Confederate  Army,  served  with  the  advanced 
forces  at  Fairfax  Court  House  for  some  time 
before  the  battle :  he  laid  out  the  works  there 
in  admirable  accordance  with  the  purposes  for 
which  they  were  designed,  and  yet  so  as  to  ad 
mit  of  ultimate  extension  and  adaptation  to 
more  serious  uses  as  means  and  part  of  a  sys 
tem  of  real  defence  when  determined  upon. 
He  has  shown  himself  to  be  an  officer  of  energy 
and  ability. 


DOCUMENTS. 


79 


Major  Thomas  G.  Rhett,  after  having  dis 
charged  for  several  months  the  laborious  duties 
of  Adjutant-General  to  the  commanding  officer 
of  Camp  Pickens,  was  detached  to  join  the 
army  of  the  Shenandoah,  just  on  the  eve  of  the 
advance  of  the  enemy ;  but,  volunteering  his 
services,  was  ordered  to  assist  on  the  staff  of 
General  Bonham,  joining  that  officer  at  Centre- 
ville  on  the  night  of  the  17th,  before  the  battle 
of  Bull  Run,  where  he  rendered  valuable  ser 
vice,  until  the  arrival  of  General  Johnston,  on 
the  20th  of  July,  when  he  was  called  to  the 
place  of  Chief  of  Staff  of  that  officer. 

It  is  also  proper  to  acknowledge  the  signal 
services  rendered  by  Colonel  B.  F.  Terry  and 
T.  Lubbock,  of  Texas,  who  had  attached  them 
selves  to  the  staff  of  General  Longstreet.  These 
gentlemen  made  daring  and  valuable  recon- 
noissances  of  the  enemy's  positions,  assisted 
by  Captains  Goree  and  Chichester.  They  also 
carried  orders  to  the  field,  and  on  the  follow 
ing  day,  accompanying  Captain  Whitehead's 
troops  to  take  possession  of  Fairfax  Court 
House,  Colonel  Terry,  with  his  unerring  rifle, 
severed  the  halliard,  and  thus  lowered  the  Fed 
eral  flag  found  still  floating  from  the  cupola  of 
the  Court  House  there.  He  also  secured  a  large 
Federal  garrison  flag  designed,  it  is  said,  to  be 
unfurled  over  our  intrenchments  at  Manassas. 

In  connection  with  the  unfortunate  casualties 
of  the  day — that  is,  the  miscarriage  of  the 
orders  sent  by  courier  to  Generals  Holmes  and 
Ewell  to  attack  the  enemy  in  flank  and  reverse 
at  Centreville,  through  which  the  triumph  of 
our  arms  was  prevented  from  being  still  more 
decisive — I  regard  it  in  place  to  say,  a  divi 
sional  organization,  with  officers  in  command 
of  divisions,  with  appropriate  rank  as  in  Euro 
pean  services,  would  greatly  reduce  the  risk  of 
such  mishaps,  and  would  advantageously  sim 
plify  the  communications  of  a  general  in  com 
mand  of  a  field  with  his  troops. 

While-  glorious  for  our  people  and  of  crush 
ing  effect  upon  the  morale  of  our  hitherto  con 
fident  and  overweening  adversary,  as  were  the 
events  of  the  battle  of  Manassas,  the  field  was 
only  won  by  stout  fighting,  and,  as  before 
stated,  with  much  loss,  as  is  precisely  exhibited 
in  the  papers  herewith,  marked  F,  G,  and  H, 
and  being  lists  of  the  killed  and  wounded.  The 
killed  outright  numbered  two  hundred  and 
sixty-nine,  the  wounded  one  thousand  four 
hundred  and  thirty-eight — making  an  aggre 
gate  of  one  thousand  eight  hundred  and  fifty- 
two. 

The  actual  loss  of  the  enemy  will  never  be 
known  ;  it  may  now  only  be  conjectured. 
Their  abandoned  dead,  as  they  were  buried  by 
our  people  where  they  fell,  unfortunately  were 
not  enumerated;  but  many  parts  of  the  field 
were  thick  with  their  corpses,  as  but  few  battle 
fields  have  ever  been.  The  official  reports  of 
the  enemy  are  studiously  silent  on  this  point, 
but  still  afford  us  data  for  an  approximate  esti 
mate.  Left  almost  in  the  dark  in  respect  to 


the  losses  of  Hunter's  and  Heintzelman's  divis 
ions — first,  longest,  and  most  hotly  engaged — 
we  are  informed  that  Sherman's  brigade — Ty 
ler's  division — suffered  in  killed,  wounded,  and 
missing,  six  hundred  and  nine — that  is,  about 
eighteen  per  cent,  of  the  brigade.  A  regiment 
of  Franklin's  brigade — Gorman's — lost  twenty- 
one  per  cent.  Griffin's  (battery)  loss  was  thirty 
per  cent.,  and  that  of  Keyes'  brigade,  which 
was  so  handled  by  its  commander  as  to  be  ex 
posed  to  only  occasional  volleys  from  our  troops, 
was  at  least  ten  per  cent.  To  these  facts,  and 
the  repeated  references  in  the  reports  of  the 
more  reticent  commanders,  to  the  "  murderous" 
fire  to  which  they  were  habitually  exposed — 
the  "  pistol  range"  volleys  and  galling  musketry 
of  which  they  speak,  as  scourging  their  ranks, 
and  we  are  warranted  in  placing  the  entire  loss 
of  the  Federalists  at  over  forty -five  hundred  in 
killed,  wounded,  and  prisoners.  To  this  may 
be  legitimrXely  added,  as  a  casualty  of  the  bat 
tle,  the  thousands  of  fugitives  from  the  field 
who  have  never  rejoined  their  regiments,  and 
who  are  as  much  lost  to  the  enemy's  service  as 
if  slain  or  disabled  by  wounds.  These  may  not 
be  included  under  the  head  of  "  missing,"  be 
cause  in  every  instance  of  such  report  we  took 
as  many  prisoners  of  those  brigades  or  regi 
ments  as  are  reported  "  missing." 

A  list  appended  exhibits  some  fourteen  hun 
dred  and  sixty  of  their  wounded  and  others 
who  fell  into  our  hands,  and  were  sent  to 
Richmond.  Some  were  sent  to  other  points, 
so  that  the  number  of  prisoners,  including 
wounded  who  did  not  die,  may  be  set  down  at 
not  less  than  sixteen  hundred.  Besides  these, 
a  considerable  cumber  who  could  not  be  re 
moved  from  the  field,  died  at  several  farm 
houses  and  field-hospitals  within  ten  days  fol 
lowing  the  battle. 

To  serve  the  future  historian  of  this  war,  I 
will  note  the  fact  that  among  the  captured 
Federalists  are  officers  and  men  of  forty-seven 
regiments  of  volunteers,  besides  from  some  nine 
different  regiments  of  regular  troops,  detach 
ments  of  which  were  engaged.  From  their 
official  reports  we  learn  of  a  regiment  of  volun 
teers  engaged,  six  regiments  of  Miles'  division, 
and  the  five  regiments  of  Runyon's  brigade, 
from  which  we  have  neither  sound  nor  wounded 
prisoners.  Making  all  allowances  for  m.istakes, 
we  are  warranted  in  saying  that  the  Federal 
army  consisted  of  at  least  fifty-five  regiments 
of  volunteers,  eight  companies  of  regular  in 
fantry,  four  of  marines,  nine  of  regular  cavalry, 
and  twelve  batteries,  one  hundred  and  nine 
teen  guns.  These  regiments,  at  one  time,  as 
will  appear  from  /&  published  list  appended, 
marked  "K,"  numbered  in  the  aggregate,  fifty- 
four  thousand  one  hundred  and  forty,  and  aver 
age  nine  hundred  and  sixty-four  each ;  from  an 
order  of  the  enemy's  commander,  however, 
dated  July  13,  we  learn  that  one  hundred  men 
from  each  regiment  were  ordered  to  remain  in 
charge  of  respective  camps.  Some  allowance 


80 


REBELLION  RECORD,  1860-61. 


must  further  be  made  for  the  sick  and  details, 
which  would  reduce  the  average  to  eight  hun 
dred — adding  the  regular  cavalry,  infantry,  and 
artillery  present,  an  estimate  of  their  force  may 
be  made. 

A  paper  appended,  marked  "  L,"  exhibits,  in 
part,  the  ordnance  and  supplies  captured,  in 
cluding  some  twenty-eight  field-pieces  of  the 
best  character  of  arm,  with  over  one  hundred 
rounds  of  ammunition  for  each  gun,  thirty -seven 
caissons,  six  forges,  four  battery  wagons,  sixty- 
four  artillery  horses,  completely  equipped,  five 
hundred  thousand  of  small  arms'  ammunition, 
four  thousand  five  hundred  sets  rounds  of  ac 
coutrements,  over  five  hundred  muskets,  some 
nine  regimental  and  garrison  flags,  with  a  large 
number  of  pistols,  knapsacks,  swords,  canteens, 
blankets,  a  large  store  of  axes  and  intrenching 
tools,  wagons,  ambulances,  horses,  camp  and 
garrison  equipage,  hospital  stores,  and  some 
subsistence. 

Added  to  these  results  may  rightly  be  noticed 
here  that  by  this  battle  an  invading  army  su 
perbly  equipped,  within  twenty  miles  of  their 
base  of  operations,  has  been  converted  into  one 
virtually  besieged,  and  exclusively  occupied  for 
months  in  the  construction  of  a  stupendous 
series  of  fortifications  for  the  protection  of  its 
own  capital. 

I  beg  to  call  attention  to  the  reports  of  the 
several  subordinate  commanders  for  reference 
to  the  signal  parts  played  by  individuals  of  their 
respective  commands.  Contradictory  state 
ments,  found  in  these  reports,  should  not  excite 
surprise,  when  we  remember  how  difficult,  if 
not  impossible,  it  is  to  reconcile  the  narrations 
of  bystanders,  or  participants  in  even  the  most 
inconsiderable  affair,  much  less  the  shifting, 
thrilling  scenes  of  a  battle-field. 

Accompanying  are  mops  showing  the  posi 
tions  of  the  armies  on  the  morning  of  the  21st 
July,  and  of  three  several  stages  of  the  battle ; 
also,  of  the  line  of  Bull  Run  north  of  Black 
burn's  Ford.  These  maps,  from  actual  surveys 
made  by  Captain  D.  B.  Harrison,  assisted  by 
Mr.  John  Grant,  were  drawn  by  the  latter  with 
a  rare  delicacy  worthy  of  high  commendation. 

In  conclusion  it  is  proper,  and  doubtless  ex 
pected,  that  through  this  report  my  country 
men  should  be  made  acquainted  with  some  of 
the  sufficient  causes  that  prevented  the  advance 
of  our  forces,  and  prolonged  vigorous  pursuit 
of  the  enemy  to  and  beyond  the  Potomac.  The 
War  Department  has  been  fully  advised  long 
since  of  all  of  those  causes,  some  of  which  only 
are  proper  to  be  here  communicated.  An  army 
which  had  fought  like  ours  on  that  day  against 
uncommon  odds,  under  a  July  sun,  most  of  the 
time  without  water  and  without  food,  except  a 
hastily  snatched  meal  at  dawn,  was  not  in  con 
dition  for  the  toil  of  an  eager,  effective  pursuit 
of  an  enemy  immediately  after  the  battle. 

On  the  following  day  an  unusually  heavy  and 
unintermittingfall  of  rain  intervened  to  obstruct 
our  advance  with  reasonable  prospect  of  fruitful 


results.  Added  to  this,  the  want  of  a  cavalry 
force  of  sufficient  numbers,  made  an  efficient 
pursuit  a  military  impossibility. 

Your  obedient  servant, 

G.  T.  BEAUREGARD, 

General  Commanding. 

To  General  S.  COOPER,  Adjutant  and  Inspec 
tor-General,  Richmond,  Va. 

R.  II.  CHILTON,  Adjutant. 


Doc.  13 
NEUTRALITY  OF  HAWAII. 

PROCLAMATION ! 

KameJiameha    IV.,    King    of  the    Hawaiian 
Islands : 

BE  it  known,  to  all  whom  it  may  concern, 
that  we,  Kamehameha  IV.,  King  of  the  Haw 
aiian  Islands,  having  been  officially  notified  that 
hostilities  are  now  unhappily  pending  between 
the  Government  of  the  United  States-  and  cer 
tain  States  thereof  styling  themselves  "  The 
Confederate  States  of  America,"  hereby  pro 
claim  Our  neutrality  between  said  contending 
parties. 

That  Our  neutrality  is  to  be  respected  to  the 
full  extent  of  Our  jurisdiction,  and  that  all  cap 
tures  and  seizures  made  within  the  same  are 
unlawful,  and  in  violation  of  Our  rights  as  a 
Sovereign. 

And  be  it  further  known,  that  we  hereby 
strictly  prohibit  all  Our  subjects,  and  all  who 
reside  in  or  may  be  within  Our  jurisdiction, 
from  engaging  either  directly  or  indirectly  in 
privateering  against  the  shipping  or  commerce 
of  either  of  the  contending  parties,  or  of  render 
ing  any  aid  to  such  enterprises  whatever;  and 
all  persons  so  offending  will  be  liable  to  the 
penalties  imposed  by  the  laws  of  nations,  as 
well  as  by  the  laws  of  said  States,  and  they 
will  in  nowise  obtain  any  protection  from  us  as 
against  any  penal  consequences  which  they 
may  incur. 

.  Be  it  further  known,  that  no  adjudication  of 
prizes  will  be  entertained  within  Our  jurisdic 
tion,  nor  will  the  sale  of  goods  or  other  proper 
ty  belonging  to  prizes  be  allowed. 

Be  it  further  known,  that  the  rights  of  asylum 
are  not  extended  to  the  privateers  or  their  prizes 
of  either  of  the  contending  parties,  excepting 
only  in  case  of  distress  or  of  compulsory  delay 
by  stress  of  weather  or  dangers  of  the  sea,  or  in 
such  cases  as  may  be  regulated  by  Treaty  stip 
ulation. 

Given  at  Our  Marine  Residence  of  Kailua, 
this  26th  day  of  August,  A.  D.  1861,  and 
the  seventh  of  Our  Reign. 

By  the  King,          KAMEHAMEHA. 
KAAHUMANTT. 

By  the  King  and  Kuhina  Nui, 

R.  C.  WYLLIB. 


DOCUMENTS. 


81 


Doc.  14. 
THE  UNITED  STATES  AND  RUSSIA. 

PRINCE  GORTSCHAKOFF  TO  BARON  DE  STOECKL. 
ST.  PETERSBURG,  July  10,  1861. 

M.  DE  STOEOKL,  &c.,  &c.,  &c.  : 

SIR  :  From  the  beginning  of  the  conflict  which 
divides  the  United  States  of  America  you  have 
been  desired  to  make  known  to  the  Federal 
Government  the  deep  interest  with  which  our 
august  master  was  observing  the  development 
of  a  crisis  which  puts  in  question  the  prosperity 
and  even  the  existence  of  the  Union. 

The  Emperor  profoundly  regrets  to  see  that 
the  hope  of  a  peaceful  solution  is  not  realized, 
and  that  American  citizens  already  in  arms  are 
ready  to  let  loose  upon  their  country  the  most 
formidable  of  the  scourges  of  political  society — 
a  civil  war.  For  more  than  eighty  years  that 
it  has  existed  the  American  Union  owes  its  in 
dependence,  its  towering  rise  and  its  progress,  to 
the  concord  of  its  members,  consecrated  under 
the  auspices  of  its  illustrious  founder,  by  institu 
tions  which  have  been  able  to  reconcile  the 
Union  with  liberty.  This  Union  has  been  faith 
ful.  It  has  exhibited  to  the  world  the  spectacle 
of  a  prosperity  without  example  in  the  annals 
of  history.  It  would  be  deplorable  that,  after 
so  conclusive  an  experience,  the  United  States 
should  be  hurried  into  a  breach  of  the  solemn 
compact  which,  up  to  this  time,  has  made  their 
power.  In  spite  of  the  diversity  of  their  con 
stitutions  and  of  their  interests,  and  perhaps 
even  because  of  their  diversity,  Providence 
seems  to  urge  them  to  draw  closer  the  tra 
ditional  bond  which  is  the  basis  of  the  very 
condition  of  their  political  existence.  In  any 
event,  the  sacrifices  which  they  might  impose 
upon  themselves  to  maintain  it  are  beyond 
comparison  with  those  which  dissolution  would 
bring  after  it.  United,  they  perfect  themselves ; 
isolated,  they  are  paralyzed. 

The  struggle  which  unhappily  has  just  arisen 
can  neither  be  indefinitely  prolonged  nor  lead 
to  the  total  destruction  of  one  of  the  parties. 
Sooner  or  later  it  will  be  necessary  to  come  to 
some  settlement,  whatsoever  it  may  be,  which 
may  cause  the  divergent  interests  now  actually 
in  conflict  to  co-exist.  The  American  nation 
would  then  give  a  proof  of  high  political  wis 
dom  in  seeking  in  common  such  a  settlement 
before  a  useless  effusion  of  blood,  a  barren 
squandering  of  strength  and  of  public  riches, 
and  acts  of  violence  and  reciprocal  reprisals 
shall  have  come  to  deepen  an  abyss  between 
the  two  parties  of  the  confederation,  to  end 
definitely  in  their  mutual  exhaustion,  and  in 
ruin,  perhaps  irreparable,  of  their  commercial 
and  political  power. 

Our  august  master  cannot  resign  himself  to 
admit  such  a  deplorable  anticipation.  His  Im 
perial  Majesty  still  places  his  confidence  in  that 
practical  good  sense  of  the  citizens  of  the  Union 
who  appreciate  so  judiciously  their  true  inter 
ests.  His  Majesty  is  happy  to  believe  that  the 


members  of  the  Federal  Government,  and  the  in 
fluential  men  of  the  two  parties,  will  seize  all 
occasions  and  will  unite  all  their  efforts  to  calm 
the  effervescence  of  the  passions.  There  are  no 
interests  so  divergent  that  it  may  not  be  pos 
sible  to  reconcile  them  by  laboring  to  that  end 
with  zeal  and  perseverance,  in  a  spirit  of  justice 
and  moderation. 

If,  within  the  limits  of  your  friendly  relations, 
your  language  and  your  counsels  may  contribute 
to  this  result,  you  will  respond,  sir,  to  the  in 
tentions  of  His  Maje>ty  the  Emperor  in  devoting 
to  this  the  personal  influence  which  you  may 
have  been  able  to  acquire  during  your  long 
residence  at  Washington,  and  the  consideration 
which  belongs  to  your  character  as  the  repre 
sentative  of  a  sovereign  animated  by  the  most 
friendly  sentiments  toward  the  American  Union. 
This  Union  is  not  simply  in  our  eyes  an  element 
essential  to  the  universal  political  equilibrium : 
it  constitutes,  besides,  a  nation  to  which  our 
august  master  and  all  Kussia  have  pledged  the 
most  friendly  interests  for  the  two  countries 
placed  at  the  extremities  of  the  two  worlds; 
both  in  the  ascending  period  of  their  develop 
ment  appear  called  to  a  natural  community  of 
interests  and  of  sympathies,  of  which  they  have 
already  given  mutual  proofs  to  each  other. 

I  do  not  wish  here  to  approach  any  of  the 
questions  which  divide  the  United  States.  We 
are  not  called  upon  to  express  ourselves  in  this 
contest.  The  preceding  considerations  have  no 
other  object  than  to  attest  the  lively  solicitude 
of  the  Emperor  in  the  presence  of  the  dangers 
which  menace  the  American  Union,  and  the 
sincere  wishes  that  his  Majesty  entertains  for 
the  maintenance  of  that  great  work,  so  la 
boriously  raised,  and  which  appeared  so  rich 
in  its  future. 

It  is  in  this  sense,  sir,  that  I  desire  you  to 
express  yourself,  as  well  to  the  members  of  the 
General  Government  as  to  the  influential  persona 
whom  you  may  meet,  giving  them  the  assurance 
that  in  every  event  the  American  nation  may- 
count  upon  the  most  cordial  sympathy  on  the 
part  of  our  august  master  during  the  important 
crisis  which  it  is  passing  through  at  present. 

Receive,  sir,  the  expression  of  my  very  deep 
consideration.  GORTSCHAKOFF. 

MR.    SEWARD   TO   M.    DE    8TOECKL. 

DEPARTMENT  OF  STATE,  >  ] 
"WASHINGTON,  Sept.  7, 1861.  J 
The  Secretary  of  State  of  the  United  States  is 
authorized  by  the  President  to  express  to  M. 
De  Stoeckl,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  his  Majesty  the  Emperor  of 
Russia,  his  profound  sense  of  the  liberal,  friend 
ly,  and  magnanimous  sentiments  of  his  Majesty 
on  the  subject  of  the  internal  differences  which 
for  a  time  have  seemed  to  threaten  the  Ameri 
can  Union,  as  they  are  communicated  in  the  in 
structions  from  Prince  Gortschakoff  to  M.  De 
Stoeckl,  and  by  him  read  by  his  Majesty's  di 
rections  to  the  President  of  the  United  States 
and  the  Secretary  of  State.  M.  De  Stoeckl  will 
express  to  his  Government  the  satisfaction  with 


82 


REBELLION  RECORD,  1860-61. 


•which  the  Government  regards  this  new  guar 
antee  of  a  friendship  between  the  two  countries 
which  had  its  beginning  with  the  national  ex 
istence  of  the  United  States.  The  Secretary  of 
State  offers  to  M.  De  Stoeckl  renewed  assurances 
of  his  high  consideration. 

WILLIAM  H.  SEWABD. 
M.  DE  STOECKL,  &c.,  &c. 

Doc.  15. 

PROCLAMATION  OF  THE  QUEEN  OF 
SPAIN. 

CONSIDERING  the  relations  which  exist  be 
tween  Spain  and  the  United  States  of  America, 
and  the  expediency  of  not  changing  the  recip 
rocal  feelings  of  friendly  understanding  on  ac 
count  of  the  grave  events  which  have  hap 
pened  in  that  republic,  I  have  resolved  to 
maintain  the  strictest  neutrality  in  the  struggle 
engaged  in  between  all  the  Federal  States  of 
the  Union  and  the  Confederate  States  of  the 
South ;  and  in  order  to  avoid  the  losses  which 
my  subjects  might  suffer  both  in  shipping  and 
commerce,  for  want  of  definite  rules  to  which 
their  conduct  might  conform,  in  accordance 
with  my  Council  of  Ministers  I  decree  as  fol 
lows  : 

Article  1.  It  is  forbidden  in  all  the  ports  of 
the  Spanish  realm  to  arm,  supply,  and  equip  any 
privateer  vessel,  whatever  may  be  the  flag  she 
carries. 

Art.  2.  It  is  in  like  manner  forbidden  to 
owners,  masters,  or  captains  of  merchant  vessels 
to  accept  letters  of  marque  or  contribute  in  any 
way  to  the  arming  and  equipping  of  vessels  of 
war  or  privateers. 

Art.  3.  The  entering  and  remaining  for  more 
than  twenty-four  hours  in  the  ports  of  the  realm 
is  forbidden  to  vessels  of  war  or  privateers  with 
prizes,  unless  in  case  of  necessity  through  stress 
of  weather. 

When  this  latter  happens  the  authorities  shall 
watch  the  vessel  and  oblige  her  to  go  to  sea  as 
soon  as  possible,  without  permitting  her  to  take 
any  more  supplies  than  for  present  necessity ; 
but  on  no  account  either  arms  or  munitions  of 
war. 

Art.  4.  Effects  taken  from  prizes  shall  not  be 
sold  in  the  ports  of  the  realm. 

Art.  5.  Transportation,  under  the  Spanish 
flag,  of  all  articles  of  commerce  is  guaranteed, 
except  when  directed  to  blockaded  ports. 

The  carrying  of  war  material,  papers,  or  com 
munications  for  the  belligerents  is  forbidden. 
Trespassers  shall  be  responsible  for  their  acts, 
and  shall  have  no  right  to  the  protection  of  my 
Government. 

Art.  6.  All  Spaniards  are  forbidden  to  enlist 
in  the  belligerent  armies,  or  to  engage  them 
selves  to  serve  on  board  vessels  of  war  or  pri 
vateers. 

Art.  7.  My  subjects  shall  refrain  from  every 
act  which,  by  violating  the  laws  of  the  king 
dom,  may  be  considered  contrary  to  neutrality. 

Art.  8.  Transgressors  of  the  foregoing  regu 


lations  shall  have  no  right  to  the  protection  of 
my  Government,  shall  suffer  the  consequences 
of  the  measures  which  the  belligerents  may 
prescribe,  and  shall  be  punished  as  provided  by 
the  laws  of  Spain. 

Given  at  the  Palace,  on  the  seventeenth  of 
June,  one  thousand  eight  hundred  and  sixty- 
one.  Signed  by  the  royal  hand. 

SATUENINO  CALDERON  COLLANTES, 

Minister  of  State. 

Doc.  16. 
UNITED  STATES  AND  PRUSSIA. 

DESPATCH   OF   BARON   SCHLEINITZ   TO   BARON 
GEROLT. 

BERLIN,  June  13,  1861. 

THE  incontestable  fact  of  the  state  of  intestine 
war  in  which  the  Union  is  engaged  at  this  mo- 
!  ment  is  for  the  royal  Government  a  subject  of 
deep  regret.  The  relations  of  profound  friend 
ship  which  bind  Prussia  to  the  Government  of 
the  United  States  have  existed  since  the  estab 
lishment  of  the  Union.  They  have  never  been 
disturbed  or  troubled  in  any  manner  in  the 
course  of  a  century  by  the  vicissitudes  of  events. 
By  a  series  of  treaties  having  especially  in  view 
the  advantages  of  reciprocal  commercial  in 
terests,  those  intimate  relations  between  the 
two  States  have  been  happily  consolidated.  At 
no  time  has  a  collision  of  opposing  interests 
taken  place  between  both  powers.  The  scope 
which  the  internal  prosperity  of  the  Union  has 
taken,  the  growing  extent  of  the  States  held 
together  by  the  bonds  of  harmony,  and  the 
power  which  North  America  has  acquired 
abroad,  far  from  being  viewed  with  jealousy  by 
Prussia,  have  ever  been  greeted  with  sincere 
sympathy. 

Our  regret  is  so  much  the  more  lively  at  see 
ing  now  the  continuance  of  so  happy  a  con 
dition  become  a  question,  in  consequence  of  the 
disturbance  that  internal  hsirmony  is  expe 
riencing,  the  existence  of  which  has  hitherto 
been  the  surest  basis  of  the  Union. 

It  is  not  the  part  of  the  royal  Government 
either  to  discuss  the  causes  of  that  rupture  or  to 
pass  judgment  on  litigious  questions  which  re 
gard  exclusively  the  internal  situation  of  the 
Union.  All  our  efforts  will  tend  to  preserve, 
even  under  present  circumstances,  our  position 
toward  the  United  States.  Yet  the  grave  turn 
which  the  conflict  has  taken,  and  the  measures 
which  the  Government  of  the  Union  itself  has 
taken  in  rel;ition  to  blockade  and  the  treatment 
of  neutral  vessels,  have  a  sensible  and  serious 
bearing  on  our  interests,  and  the  royal  Govern 
ment  believes  it  to  be  its  duty  to  give  to  those 
interests  the  protection  which  is  founded  upon 
public  law  and  upon  treaties. 

You  are  fully  informed  of  the  negotiations 
which  have  been  carried  on  for  many  yenrs  be 
tween  Prussia  arid  the  United  States  relative  to 
the  principles  which  should  be  applied  in  time 
of  war  touching  the  rights  of  neutral  vessels. 


DOCUMENTS. 


83 


With  the  American  Cabinet  will  ever  rest  the 
honor  of  having  first,  in  the  proposed  treaty 
which  it  submitted  to  us  in  1854,  taken  the 
initiative  in  carrying  out  liberal  principles,  and 
insuring  on  a  wider  scale  the  rights  of  which  it 
treated.  It  is  with  great  pleasure  we  have  re 
ceived  at  this  time  the  proposals  from  North 
America,  and  if  the  negotiations  conducted  by, 
you  have  not  had  the  desired  success,  because 
there  was  a  hesitation  in  deferring  to  our 
wishes  for  the  abolition  of  letters  of  marque, 
yet,  the  generally  felt  necessity  of  seeing  the 
rights  of  neutrals,  in  time  of  war,  mutually  set 
tled  on  a  wide  and  unalterable  basis,  has  been 
taken  into  serious  consideration  by  the  great 
maritime  Powers  of  Europe. 

The  declaration  signed  at  Paris  on  the  6th  of 
April,  1856,  is  a  proof  of  it.  All  the  European 
States,  Spain  alone  excepted,  have  adhered  to 
it.  If  the  United  States  have,  to  our  regret,  in 
regard  to  the  first  proposition  concerning  the 
abolition  of  letters  of  marque,  refused  in  their 
turn  to  adhere  to  the  Paris  declaration,  we  do 
not  overlook  the  kindly  and  liberal  intention 
which  controlled  the  views  of  the  Washington 
Cabinet.  That  intention  was  manifested  in  the 
counter  proposition  of  President  Pierce,  accord 
ing  to  which  the  principle  of  the  inviolability 
of  private  property  on  the  sea  should  be  in 
scribed  in  the  code  of  international  law.  Un 
fortunately,  the  President  did  not  succeed  in 
getting  that  proposition  adopted.  You  are  per 
fectly  aware  of  the  justice  we  have  done  him. 

In  view  of  the  doubts  existing  in  regard  to 
the  treatment  of  which  neutral  shipping  may  be 
subjected  in  the  course  of  the  present  war,  I 
beg  you  to  make  this  important  question  the 
object  of  a  free  and  friendly  explanation  with 
the  American  Secretary  of  State. 

What  we  should  most  desire  is  that  the 
American  Government  should  seize  this  occasion 
to  proclaim  its  accession  to  the  Paris  declaration. 
If  that  be  not  possible,  we  would  be  satisfied 
for  the  present  that,  while  the  war  lasts,  they 
would  please  to  apply  to  neutral  shipping  gen 
erally  the  second  and  third  propositions  of  the 
Paris  declaration.  The  application  of  the  sec 
ond  proposition,  providing  that  a  neutral  flag 
covers  enemies'  merchandise,  unless  contraband 
of  war,  is  already  guaranteed  to  Prussian  ship 
ping  by  article  twelve  of  the  treaty  of  Septem 
ber  10,  1785,  reproduced  in  our  treaty  with  the 
United  States  of  May  1,  1828.  However,  we 
attach  a  particular  importance  to  the  application 
at  this  time,  generally,  of  that  principle  to  neu 
tral  shipping.  We  have  the  less  doabt  of  it 
since,  conformably  to  a  despatch,  under  date  of 
June  27,  1859,  addressed  by  Mr.  Cass.  Secretary 
of  State,  to  the  Minister  of  the  United  States  at 
Paris,  and  which  has  been  communicated  to  us; 
the  President,  without,  however,  adhering  to 
the  Paris  declaration,  expressly  demanded  that 
the  principle  under  which  the  neutral  flag 
covers  neuLral  merchandise,  unless  contraband 
of  war,  should  be  applied  everywhere  and  by 
every  one  to  United  States  vessels. 


Concerning  the  third  proposition,  in  regard 
to  the  inviolability  of  private  property  on  the 
high  seas,  it  is  of  urgent  necessity  for  the  great 
powers  that  it  be  recognized  by  America.  If 
doubts  still  exist  as  to  that  principle  being  car 
ried  out,  the  commercial  enterprises  of  neutral 
States  will  be  exposed  to  inevitable  inconveni 
ence,  and  we  may  have  cause  to  fear  collisions 
even  of  a  very  serious  nature,  and  which  we 
would  desire  might  be  prevented  in  time. 

I  will  experience  a  real  satisfaction  in  receiv 
ing  from  you  soon  the  news  that  the  overtures 
and  proposals  with  which  I  have  just  charged 
you  have  met  with  a  promising  reception. 

SCIILEINITZ. 


Doo.  17. 
SPEECH  OF  DANIEL  S.  DICKINSON, 

AT  A  MASS  MEETING  OP  THE  CITIZENS  OF  WYO 
MING  COUNTY,  PENNSYLVANIA,  HELD  AT  TUNK- 
HANNOCK,  AUGUST  19,  1861. 

Mr.  President,  and  Ladies  and  Gentlemen : 

Amid  all  the  diversity  of  sentiment  in  our 
land,  there  is  one  subject  upon  which  we  can 
agree,  and  that  is,  that  our  country  is  in  a  most 
lamentable  condition — our  Government  threat* 
ened  with  disruption,  our  Constitution  with 
subversion,  and  our  institutions  with  overthrow. 
We  are  met  here  for  the  purpose  of  discussing 
the  great  interests  of  a  common  country,  and 
of  determining  what  becomes  us  in  an  exigency 
so  trying  and  so  fearful.  I  meet  you  here  not 
to  discuss  slavery  or  anti-slavery,  democracy  or 
republicanism.  Though  an  old-line  democrat, 
u  brought  up  at  the  feet  of  Gamaliel,"  and  ad 
hering  with  tenacity  to  the  principles  of  democ 
racy  through  an  active  life,  I  corne  not  to  speak 
to  you  upon  political  partisan  subjects.  I  come 
to  discuss  a  matter  that  concerns  our  Union — 
one  that  rises  far  above  and  shoots  deeper  than 
any  or  all  party  interests  or  issues. 

We  have  a  duty  before  us,  fellow-citizens,  far 
beyond  that  of  the  fathers  of  the  Revolution. 
They  were  oppressed  by  tyranny,  and  they 
sought  to  throw  off  the  shackles  of  a  despotic 
monarchy.  They  hoped  that  a  great  and  free 
government  would  spring  up  from  their  patri 
otic  efforts,  but  the  most  sanguine  never  im 
agined  that  one  so  replete  with  good  would  be 
the  fruits  of  their  beginning.  What  with  them 
was  hope,  with  us  is  fruition.  They  planted, 
and  we  have  reaped.  Their  experiment  has 
become  a  great  success,  and  we  are  enjoying, 
or  might  enjoy,  such  blessings  as  Heaven  never 
before  vouchsafed  to  mortal  men.  But  a  con 
spiracy  has  appeared  ;  strife  and  division  are  at 
our  doors;  and  it  becomes  us  now  to  see  whether 
the  fruits  of  this  great  and  beneficent  Union 
must  be  lost  or  whether  they  can  be  preserved. 
It  were  needless  to  go  back  to  review  dead 
and  buried  issues.  There  is  a  great  fact  staring 
us  in  the  face,  and  with  that  we  have  to  deal. 
It  matters  not  whether  the  origin  of  our  diffi 
culties  was  North  or  South,  or  East  or  West — 


REBELLION  RECORD,    1860-61. 


the  question  is,  How  shall  they  be  dealt  with 
nnd  disposed  of?  In  every  government,  and 
especially  in  every  free  government,  political 
parties  will  arise,  and  it  is  well  that  it  should 
be  so.  So  far  from  being  a  curse,  when  re 
strained  within  legitimate  bounds  they  are  a 
blessing.  The  strife  of  political  parties,  like 
the  agitation  of  the  natural  elements,  purities 
the  moral  atmosphere,  and  gives  life,  and  vigor, 
and  freedom  to  our  institutions ;  but  there  are 
Borne  questions  too  great,  some  too  small,  for 
the  exercise  of  political  parties ;  and  we  have 
tnnny  duties  to  discharge  in  the  various  rela 
tions  of  life  that  do  not  appertain  to  political 
affairs,  which  we  should  come  together  and  dis 
charge,  as  American  citizens,  as  brethren  of 
one  tie,  and  not  inquiring  whether  we  belong 
to  this,  or  that,  or  the  other  division  of  politi 
cal  parties.  When  we  assemble  around  the 
grave  of  a  neighbor,  and  hear  those  words  that 
have  riven  so  many  hearts,  "  Earth  to  earth, 
dust  to  dust,  ashes  to  ashes,"  and  the  creaking  of 
the  cord  as  the  remains  are  lowered  to  their  final 
resting-place,  the  strifes  of  passion  are  hushed 
in  the  bosom,  and  we  remember  only  that  we 
are  men — inquiring  not  what  were  the  politi 
cal  views  of  the  dead  or  living.  At  midnight 
you  hear  the  cry  of  "  Fire  !  "  You  rush  into 
the  street,  and  find  your  neighbor's  dwelling 
in  flames.  It  is  found  that  in  the  terror  of  the 
moment  a  mother  has  left  her  infant  in  the 
chamber.  The  flames  hiss  through  every  crev 
ice,  the  cinders  crackle,  the  rafters  tumble,  but 
another  and  another  make  the  attempt,  till  at 
last  one  seems  to  be  lost  in  the  flames !  Every 
eye-ball  is  strained,  every  heart  palpitates,  every 
breath  is  hushed,  every  muscle  stands  out  like 
whip-cord,  and  all  believe  he  has  perished ;  but, 
finally,  he  appears,  and  restores  the  loved  one 
to  its  swooning  mother ;  but  no  one  inquires 
to  what  political  party  he  belongs.  When  the 
citadel  of  our  country  is  menaced,  when  the 
edifice  that  Washington  and  Franklin  and  their 
associates  erected,  is  in  flames,  it  becomes  us, 
whatever  may  have  been  our  political  proclivi 
ties  before,  to  rise  above  all  other  considera 
tions,  and  to  keep  this  citadel  from  destruction. 
/  cannot  afford  to  turn  away  from  my  duty 
because  a  political  opponent  is  acting  with  me, 
nor  to  stay  back  from  my  duty  because  a  politi 
cal  friend  deserts  me.  No  ;  I  must  go  on  and 
discharge  this  great  obligation.  I  hold  it  to  be 
the  first  duty  of  every  citizen,  of  every  party, 
to  aid  in  restoring — if  restored  it  can  be — this 
great  and  good  Government. 

Previous  to  the  last  political  election,  this 
country  wras  at  peace  with  the  world,  and  in  the 
enjoyment  of  greater  privileges  than  any  other 
government  on  earth  ;  there  was  no  people  so 
blessed  in  every  ramification  of  society.  This 
mighty  sea  of  happy  faces  before  me  testifies 
to  the  fact  that  they  have  been  and  are  in  the 
enjoyment  of  civil  and  religious  freedom.  And 
so  it  was  from  the  North  to  the  South,  and  from 
the  East  to  the  West ;  with  over  thirty  mil 
lions  of  people,  unoppressed  by  government,  but 


every  one  enjoying  the  fruit  of  his  own  indus 
try,  and  literally  "  none  to  molest  or  to  make 
him  afraid."  Then,  what  cause  is  there  for 
this  great  disturbance?  Why  is  it  that  one 
portion  of  this  country  is  in  arms  against  an 
other  ?  Let  us  inquire  the  cause  of  the  com 
plaint  first,  and  then  see  if  we  can  prescribe  a 
remedy  afterward. 

We  all  agree  that  the  grievance  is  most  seri 
ous.  But  what  is  the  true  way  of  remedying 
it, — of  putting  down  what  I  shall  term  a  rebel 
lion  ?  And  we  can  all  agree  that  the  rebellion 
is  either  right  or  wrong,  justifiable  or  unjus 
tifiable — to  be  approved  or  condemned,  as  a 
whole.  If  it  is  right  for  a  portion  of  the  coun 
try  to  take  up  arms  against  this  Government, 
it  is  right  to  sustain  such  action ;  and  if  wrong, 
it  should  be  put  down  by  the  whole  power 
of  the  loyal  people.  There  is  no  half-way 
house  in  this  matter — no  tarrying-place  between 
sustaining  the  Government,  and  attempting  its 
overthrow.  There  is  no  peace  proposition  that 
will  suit  the  case  until  the  rebellion  is  first  put 
down.  And  were  I  in  favor,  or  disposed  to 
tamper  with  this  rebellion,  or  aid  or  counte 
nance  it,  I  would  go  and  take  up  arms  with 
those  who  are  in  arms  sustaining  it.  Because, 
if  it  is  right  for  them  to  take  up  arms,  it  is  right 
for  them  to  have  armed  aid  and  assistance.  If 
they  are  wrong,  if  they  are  guilty  of  treason, 
and  murder,  and  arson,  then  they  should  be 
overthrown  by  the  whole  power  of  the  Govern 
ment,  and  put  down  so  that  no  resurrection  day 
will  ever  dawn  on  rebellion  again.  I  am  one 
of  those  who,  in  former  years,  thought  that 
sectional  discussions  put  in  jeopardy  the  well- 
being  of  the  Union,  and  I  think  now,  as  then, 
that  there  never  was  a  sectional  cause  of  contro 
versy  that  justified  this,  or  any  armed  rebellion. 
I  believe  this  rebellion  did  not  arise  out  of  sec 
tional  agitation,  but  from  a  blind,  wicked,  rest 
less  ambition.  And  I  believe  it  is  the  duty  of 
every  man,  woman,  and  child,  to  raise  an  arm 
against  it  to  crush  it.  Our  Constitution  is  never 
to  be  put  down.  (An  indistinct  voice  in  the 
crowd — "  Compromise.")  What  does  my  friend 
say,  u  Compromise  ? "  Well,  I  will  get  at  "  Com 
promise,"  before  I  close.  I  believe  in  the  in 
tegrity  of  the  Union  ;  I  believe  in  the  integrity 
of  the  Constitution  ;  I  believe  in  sustaining  both 
by  the  power  of  the  Government. 

But  they  say :  "  You  would  not  coerce  a 
State  ?  "  No ;  I  would  not  coerce  a  State.  I 
have  said  I  would  not ;  first,  because  it  is  im 
practicable  ;  because  you  cannot  coerce  a  Slate. 
Second,  because  it  would  be  unjust  to  coerce  a 
State  in  its  domestic  policy  if  it  could  be  done. 
But  you  may  coerce  rebellion  in  a  State,  until 
you  give  that  State  an  opportunity  to  act 
through  its  loyal  citizens  in  discharge  of  its 
duties  to  the  Union.  And  I  would  coerce  re 
bellion  wherever  I  could  find  it.  You  may 
not  coerce  a  community,  but  you  may  coerce 
its  thieves  and  murderers.  You  may  coerce 
State  criminals,  and  thus  enable  the  State  and 
its  loyal  citizens  to  fulfil  their  relations  in  the 


DOCUMENTS. 


85 


Government  of  the  Union.  If  we  can  sustain 
our  Union,  if  we  can  uphold  our  Constitution, 
it  is  not  by  compromising  with  rebellion — it  is 
by  putting  down  rebellion,  and  making  our 
compromise  with  fidelity.  And  of  all  men  liv 
ing,  a  democrat  is  the  last  man  who  can  take 
a  stand  against  the  Constitution  of  his  country. 
A  democrat  lives,  and  moves,  and  has  his  being 
in  the  Constitution.  He  cannot  live  outside 
of,  or  in  opposition  to  the  Constitution.  He 
must  stand  by  the  Constitution  in  all  its  parts. 
It  was  that  doctrine  that  gave  the  democratic 
party  its  power  and  ascendency  in  the  times 
of  Jefferson,  of  Madison,  and  of  that  old  hero, 
Andrew  Jackson.  Just  in  proportion  as  the 
democracy  have  wandered  from  the  Constitu 
tion,  just  in  the  same  proportion  have  they  gone 
down  before  the  assaults  of  their  opponents. 
And  if  they  had  been  faithful,  and  stood  fully 
up  to  their  own  doctrines,  all  the  abolition 
parties  of  the  earth,  and  all  the  republican 
parties  of  the  earth,  and  all  the  combined  pow 
ers  of  the  earth,  could  never  have  put  down  the 
old  democratic  party.  I  have  ever  believed  in 
the  justice  of  democracy,  arid  I  believe  in  it  to 
day  as  much  as  ever;  and  therefore  I  believe 
it  to  be  my  duty  to  stand  upon  the  ramparts  of 
the  Constitution,  and  defend  it  from  all  foes,  I 
whether  they  come  from  the  North,  the  South,  { 
the  East,  or  the  West.  My  fellow-democrats,  | 
supposing  there  are  any  such  in  my  hearing,  j 
suppose  Breckinridge  had  been  elected,  and 
Sumner,  and  Garrison,  and  Wendell  Phillips, 
and  the  abolitionists  of  the  New  England  States 
generally,  had  started  a  rebellion  against  the 
authority  of  the  United  States,  what  would  I 
have  done  ?  I  would  have  done  as  I  am  doing 
now.  I  would  have  tried  to  animate  my  coun-  ] 
try  men  to  put  them  down  by  force  of  arms,  j 
Now,  why  not  treat  Southern  rebellion  just  as  i 
you  would  have  treated  Northern  rebellion — 
Eastern  rebellion  as  you  would  Western  rebel 
lion — and  wherever  rebellion  comes  from,  put 
it  down  forever?  That  is  my  doctrine.  I  have 
stood  by  that  doctrine  in  olden  times,  and  I 
will  stand  by  it  now  ;  and  if  that  doctrine  goes 
down,  I  will  go  down  with  it. 

There  were  causes  of  irritation  between  the 
sections,  I  admit.  I  deprecated  them,  and  la 
bored  long  and  earnestly  to  quiet  and  get  rid  of 
them  ;  but  it  was  not  done.  Those  causes  of 
irritation,  although  they  may  have  suggested  to 
Southern  States  to  request  becoming  guaran 
tees,  never  justified  armed  rebellion  in  any 
shape  or  manner.  And  what  were  they  ?  The 
only  real,  practical  cause  of  irritation  was  the 
non-execution  of  the  Fugitive  Slave  Law ;  but 
that  did  not  affect  the  Cotton  States  so  called. 
Missouri,  Kentucky,  Virginia,  Maryland,  and 
Delaware,  and  perhaps  one  or  two  other  States, 
were  the  only  ones  ever  injured  by  it.  The 
Cotton  States  never  lost  a  fugitive  slave  from 
the  time  of  their  existence  to  this  day.  To  be 
sure  they  had  a  question  about  territories,  but 
it  was  entirely  ideal,  a  mere  abstraction,  and 
not  a  real  grievance,  but  if  it  had  been,  they 


had  the  Supreme  Court  and  a  majority  of  both 
branches  of  Congress,  and  thus  practically  had 
control  of  the  question.  The  fugitive  slave 
question  was  the  only  practical  one,  therefore, 
which  annoyed  them,  and  that  was  not  the 
cause  of  the  rebellion.  What  State  first  seced 
ed  ?  South  Carolina  began  to  scrape  lint  be 
fore  the  presidential  votes  were  counted.  She 
had  no  practical  grievance  whatever.  Look  at 
Virginia.  Though  politicians  cajoled,  cheated, 
and  defrauded,  and  bullies  held  bowie-knives  to 
the  throats  of  her  citizens  to  coerce  rebellion,  it 
was  a  long  time  before  they  could  compel  that 
State  into  any  thing  like  secession.  And  when 
they  did  so  nominally,  the  State  government 
was  revolutionized,  one  part  withdrew  from 
the  other,  and  organized  a  separate  government, 
rather  than  allow  it  to  go  into  the  bottomless 
pit  of  secession.  Maryland,  when  she  gets  a 
chance,  votes  against  it.  Missouri — her  citizens 
are  pouring  out  their  blood  like  water,  and 
their  treasure  without  stint,  rather  than  be 
drawn  into  secession.  Look  at  good  old  Ken 
tucky,  where  her  Governor  and  Senators  have 
labored  to  take  her  out  of  the  Union — after  all 
attempts  to  seduce  her  from  her  fidelity  to  the 
Constitution,  she  gives  more  ihan  sixty  thou 
sand  majority  for  the  Union.  Now,  I  inquire 
of  all  citizens  in  the  free  States,  especially  my 
democratic  fellow-citizens,  whether  they  are 
troubled  about  the  integrity  of  Kentucky — 
whether  they  think  it  is  necessary  to  stay  up 
the  hands  of  rebellion  in  Kentucky,  so  emphati 
cally  condemned  there?  I  repeat,  that  the 
only  practical  cause  of  dissension  was  the  fugi 
tive-slave  question ;  and  that  appertained  to 
States  that  could  only  be  drawn  or  dragooned 
into  the  folly  of  secession.  Gen.  Butler  has  had 
this  question  on  his  hands.  As  long  as  the 
Constitution  was  acknowledged,  all  conserva 
tive  citizens  admitted  that  it  was  the  duty  of 
the  free  States  to  restore  the  fugitive  who  was 
fleeing  from  the  service  of  his  master.  Gen. 
Butler  has  found  the  restoration  of  the  fugitives 
impracticable  in  many  cases.  The  master  had 
thrown  off  the  Constitution.  What  was  the 
result?  He  was  obliged  to  receive  hundreds 
of  "contrabands,"  and  retain  them.  I  do  not 
know  what  he  is  going  to  do  with  them  ;  but  I 
suppose  something  as  the  Irishman  was  going 
to  do  with  the  Widow  Maloney's  pig.  "  Did 
you  steal  Widow  Maloney's  pig,  Patrick  ?  "  ask 
ed  the  priest.  "That  I  did."  "What  made 
you?  Think  what  you  will  do,  you  heretic,  in 
the  Great  Day,  when  I  shall  be  there,  and  you 
will  be  there,  and  the  Widow  Maloney  will  be 
there,  and  the  pig  will  be  there."  "  And  will 
your  Riverence  be  there  ? "  "  Yes."  "  And  the 
Widow  Maloney  there  ?  "  "  Yes."  "  And  the 
pig  there?"  "Yes."  "Well,  I  should  say, 
Widow  Maloney,  take  your  pig  !  "  Now,  I  do 
not  know  but  Gen.  Butler  is  going  to  take  as 
long  a  credit  as  did  the  Irishman.  But,  when 
we  have  a  Constitution,  and  when  they  acknowl 
edge  its  force,  I  have  no  doubt  but  every  just 
citizen  will  be  in  favor  of  seeing  it  complied  with. 


86 


REBELLION  RECORD,   1860-61. 


I  have  just  as  much  confidence  in  the  masses 
of  the  Southern  people  as  in  the  masses  of  the 
Northern  people.  Both  are  alike.  The  masses 
are  honest.  To  be  sure,  their  institutions,  their 
habits  of  life,  their  means  of  communication, 
render  them  more  excitable,  more  easily  influ 
enced  by,  and  more  relying  upon  their  leaders 
for  public  information,  and,  therefore,  more  lia 
ble  to  be  misled  than  the  people  of  the  North. 
Nevertheless,  I  have  confidence  in  the  Southern 
people ;  and  the  result  of  the  great  conflict  in 
Kentucky  assures  me  that  the  Southern  heart  is, 
•with  the  people,  sound  to  the  core.  Though 
terrified  into  seeming  secession,  with  the  excep 
tion  of  one  or  two  States  in  the  South,  I  am 
well  satisfied  that,  if  the  question  of  Union  or 
disunion  were  submitted  to  the  people  to-day, 
an  overwhelming  vote  would  be  given  for  the 
Union  and  its  Stars  and  Stripes.  Every  indica 
tion  has  shown  that.  Whenever  there  has  been 
an  election  in  any  Southern  State,  and  a  fail- 
opportunity  given,  you  have  seen  that  the  Union 
sentiment  has  prevailed.  It  is  by  military 
power,  by  threats,  intimidation,  destruction, 
murder,  and  arson  that  they  have  succeeded  in 
forcing  onward  the  cause  of  secession.  In  some 
States,  as,  for  instance,  Louisiana,  they  never 
submitted  the  question  to  the  people  at  all.  It 
is  a  base  humbug  of  Davis,  Cobb  &  Co.,  to 
place  themselves  in  power.  The  election  of  a 
political  opponent  was  never  a  cause  of  seces 
sion  or  for  disturbance ;  and  if  those  secession 
leaders  had  opposed  Mr.  Lincoln's  election,  from 
the  time  of  the  Charleston  Convention,  with 
half  the  pertinacity  and  force  that  I  did,  he 
•would  not  have  been  elected.  I  charge,  in  all 
my  public  speeches,  that  they  connived  at  that 
election ;  and  the  same  has  been  charged  home 
upon  them  by  their  own  people  in  the  South. 
Their  time  had  come.  Secession  must  be  forced 
upon  the  South,  or  they  would  be  ruined.  They 
remind  one  of  little  boys  who  want  te  ride  a 
horse.  Those  in  the  city  get  them  a  hobby 
horse,  and  they  can  ride  that.  Country  boys 
get  astride  of  a  stick,  and  ride  that.  This  knot 
of  office-seekers,  failing  to  get  a  horse  to  ride, 
or  even  a  hobby,  have  mounted  this  poor  stick 
of  a  Southern  Confederacy,  and  are  riding  that. 
It  is  just  such  ambition  as  caused  the  angels  in 
heaven  to  rebel.  It  was  not  because  we  had 
not  a  good  government,  but  because  they  could 
not  rule  it. 

Call  them  democrats,  or  entitled  to  the  sym 
pathy  of  democrats,  with  arms  in  their  hands 
against  their  Government,  and  their  hands  red 
with  the  blood  of  our  murdered  citizens !  They 
are  enemies  of  their  country  ;  they  are  traitors 
to  the  flag  and  the  Constitution,  and  as  such  I 
arraign  them  in  the  name  of  the  Constitution 
and  the  Union.  I  arraign  them  in  the  name  of 
civilization  ;  I  arraign  them  in  the  name  of 
Christianity :  I  arraign  them  in  the  name  of 
the  fathers  of  the  Revolution,  who  poured  out 
their  blood  to  gain  the  liberty  transmitted  to 
us ;  I  arraign  them  in  the  name  of  the  soldiers 
who  inarched  barefoot  to  secure  our  blood- 


bought  liberty  ;  I  arraign  them  in  the  name  of 
the  holy  memories  of  the  women  of  the  Revolu 
tion,  whose  pure  and  gentle  hearts  were  crush 
ed  and  broken  in  the  great  struggle  for  freedom, 
independence,  and  nationality.  In  the  great 
day  of  account,  the  savage  Brant  and  more 
savage  Butler,  that  deluged  the  beautiful  val 
ley  of  the  Wyoming  with  blood,  will  stand  up 
and  whiten  their  crimes  in  comparison  with  the 
perfidy  of  the  men  who  now  attempt  to  divide 
and  destroy  this  Union.  The  ferocious  in 
stincts  of  the  savage  taught  him  that  he  might 
be  doing  a  duty  to  his  people ;  but  these  men 
were  born  in  a  land  of  civilization,  and  baptized 
in  the  name  of  the  Trinity,  and  they  should  be 
held  to  account  for  the  abuse  of  the  trust  which 
has  been  confided  to  them.  Who  are  these 
men  in  arms  against  the  Government — in  arms 
against  the  Union?  They  are  men  who  have 
been  educated  at  its  expense — been  laden  with 
its  honors — been  pampered  at  its  treasury.  If 
we  perish,  we  may  say  with  the  poet  over  the 
stricken  eagle : 

"  Keen  were  hie  pangs,  yet  keener  far  to  feel 
He  nursed  the  pinion  which  impelled  the  steel ; 
"While  the  same  plumage  tl;at  had  warmed  his  nest, 
Drank  the  last  lite-drop  of  his  bleeding  breast.' 

If  the  Union  is  stung  to  the  heart,  it  must  be  a 
melancholy  reflection  that  we  have  reared  the 
men  to  do  it,  and  like  the  demented  Lear,  we 
shall  learn 

"  How  sharper  than  a  serpent's  tooth  it  ia 
To  have  a  thankless  child  ;" 

that  we  have  nourished  and  brought  up  children 
and  they  have  rebelled  against  the  institutions 
of  their  country.  We  have  seen  by  the  action 
of  the  Border  Southern  States  that  it  is  not 
their  intention  to  permit  this  Government  to  be 
subverted.  Every  crime  known  in  the  cata 
logue  of  depravity,  from  treason  to  larceny,  has 
been  committed  by  the  secession  leaders,  in  at 
tempting  to  drive  them  into  rebellion.  How 
can  these  men  be  sustained  by  any  one;  with 
hands  dripping  with  blood — not  only  the  blood 
of  Northern,  but  of  Southern  citizens;  and 
why?  Because  a  Northern  candidate  was 
elected  to  the  Presidency  for  four  years,  whose 
election  they  might  have  prevented— whose 
election  they  connived  at — they  will  hazard  a 
whole  country,  so  far  as  temporal  existence  is 
concerned,  to  gratify  present  personal  pique 
and  feed  a  mean  ambition.  Whoever  sustains 
them,  I  will  not.  Whoever  cries  peace,  I  will 
not.  Whoever  cries  compromise  ic  ith  them,  I  will 
not.  I  am  for  peace,  but  I  am  for  making 
peace  with  the  loyal  citizens  of  the  South — the 
loyal  citizens  of  Kentucky,  and  of  Missouri,  too, 
who  have  sent  that  modern  Nebuchadnezzar, 
Claiborne  F.  Jackson,  to  grass.  They  ask,  in 
repetition,  can  you  coerce  a  State?  I  say  no; 
you  cannot.  You  might  as  well  coerce  the  sun 
to  shine  or  the  stars  to  twinkle ;  but  you  can 
punish  individuals,  few  or  many,  who  rebel 
.•igainst  the  Laws  and  Constitution  of  the  Union. 
Can  you  coerce  a  neighborhood  to  be  honest? 
No ;  but  you  may  punish  its  criminals.  The 


DOCUMENTS. 


87 


General  Government  and  the  Governments  of 
the  several  States  were  designed  to  be  in  har 
mony  in  the  exercise  of  separate  but  not  incon 
sistent  functions.  We,  as  citizens  of  our  re 
spective  States  and  also  of  the  Union,  hold 
two-fold  relations,  and,  under  the  admirable 
division  and  limitation  of  powers  which  charac 
terize  our  system,  owe  distinct  allegiance  to 
each.  The  Government  of  the  Union,  in  its 
prescribed  sphere,  is  supreme,  and  there  is 
nothing  in  the  abused  and  perverted  principle 
of  State  sovereignty,  or  within  the  reach  of 
State  action,  that  can  absolve  its  citizens  from 
their  allegiance  and  the  obligations  it  imposes. 
No  one  can,  under  plea  of  State  authority, 
justify  armed  rebellion  in  opposition  to  the 
Union  and  the  Constitution  of  his  country. 

But  Mr.  Lincoln,  it  is  said,  forsooth,  has  vio 
lated  the  Constitution  in  conducting  his  ad 
ministration!  Very  well;  there  is  a  d;iy  of 
reckoning  to  come  with  him  and  his  advisers. 
But  it  is  one  thing  to  violate  the  Constitution 
in  defence  of  your  country,  and  quite  another 
to  violate  it  in  endeavoring  to  subvert  it. 
When  my  democratic  or  republican  friends,  "or 
any  other  man,"  are  disposed  to  call  the  Presi 
dent  to  account,  (and  I  am  not  his  defender,)  I 
merely  beg,  when  they  get  through  with  him, 
that  they  will  just  inquire  whether  Mr.  Jefferson 
Davis  and  Co.  have  gone  strictly  according  to 
the  Constitution  of  the  United  States?  I  have 
the  impression  that  instituting  a  pretended  Gov 
ernment  within  the  boundaries  of  the  United 
States ;  that  stealing  the  treasures  of  our 
Government,  its  ships,  arsenals,  mints,  &c. ; 
betraying  its  commands;  firing  upon  its  fortifi 
cations  ;  organizing  piracy  upon  the  high  seas, 
and  a  long  list  of  other  and  kindred  acts — I 
have  the  impression,  I  say,  that  these  are  slight 
infringements  upon  the  Constitution,  and  may 
require  examination.  I  want  to  have  my  Con 
stitutional  friends  come  along  with  me,  and 
when  they  get  the  Administration  all  regulated 
and  on  the  Constitutional  track,  look  at  this 
matter  a  little,  for  it  seems  to  me  that  it  requires 
attention.  I  know  not  whether  Mr.  Lincoln 
has  observed  the  Constitution ;  indeed,  for  all 
the  purposes  of  resisting  the  rebellion,  I  care  not. 
It  is  due  to  him  to  say,  however,  that  he  has 
seemed  to  be,  in  good  faith,  attempting  to  put 
down  the  rebellion.  He  has  not  done  all  things 
as  I  would  have  done  them,  because  I  would  have 
multiplied  his  men  by  about  four,  and  where  he 
has  struck  one  blow  I  would  have  struck  a  dozen. 
Therefore  I  do  not  agree  with  him  in  that  re 
spect.  When  the  day  comes  we  can  have  a 
settlement  with  him,  for  he  is  to  be  held,  with 
all  other  public  officers,  to  a  strict  account. 
But  I  would  not  do  even  that  under  the  smoke 
of  an  enemy's  guns.  Let  us  see,  first,  that  the 
rebellion  is  put  down.  And  when  that  is  done, 
I  am  ready  to  ask  how  it  has  been  done. 

I  do  not  propose  to  yield  this  Union,  or  any 
part  of  it,  to  the  so-called  Confederate  Govern 
ment  that  has  been  made  up  in  the  Southern 
States.  It  is  no  government,  and  there  is 


nothing  in  tlie  shape  of  a  government,  under  it, 
over  it,  in  it,  or  around  it,  either  diagonally, 
horizontally,  or  perpendicularly.  Like  a  boy's 
training,  it  is  all  officers.  It  is  made  up  thus  : 
You  shall  be  President  of  the  Congress,  and  I 
will  be  President  of  the  Confederacy ;  you  shall 
be  Minister  of  Foreign  Affairs,  and  I  will  be 
Secretary  of  the  Treasury.  Doubtless,  very 
well ;  satisfactory  enough.  If  they  had  kept  it 
to  themselves,  no  one  would  have  objected  to 
their  strutting  in  their  stolen  plumage.  But  it 
has  arrayed  itself  against  our  Union  and  nation 
ality,  and  it  is  time  for  the  people  of  the  United 
States  to  put  their  hands  upon  it  in  earnest, 
and  to  maintain  the  Government  of  the  Consti 
tution. 

The  habeas  corpus — a  hard  kind  of  a  name 
for  a  writ,  but  one  which  a  lawyer  or  a  Dutch- 
mon  finds  little  difficulty  in  pronouncing — it  is 
said  that  the  habeas  corpus  has  been  suspended 
and  abused.  Well,  I  think  it  is  because  some 
have  written  so  much  about  it,  while  they 
knew  so  little.  It  simply  means,  "  to  have  the 
body."  A  prisoner  is  alleged  to  be  improperly 
imprisoned  ;  and,  in  order  that  the  case  may  be 
inquired  into,  a  petition  is  presented  to  a  judge, 
and  then  the  judge  allows  the  writ,  and  the 
prisoner  is  brought  up,  and  the  person  who 
holds  him  is  bound  to  make  a  return.  If  the 
prisoner  is  illegally  detained,  the  judge  orders 
him  to  be  discharged;  if  rightfully  imprisoned, 
he  remands  him.  That  is  all  there  is  about  it. 
It  is  simply  a  civil  writ.  But  there  is  an  old 
maxim,  as  old  as  Julius  Caesar  would  have  been 
had  he  lived,  "  inter  arma  leges  silent"1"1 — that 
is,  the  laws  are  silent  in  the  midst  of  arms. 
Here  is  the  question  :  An  individual  is  impris 
oned  ;  some  friend  gets  out  a  habeas  corpus, 
and  he  is  brought  up,  and  the  case  is  inquired 
into.  And  whoever  interferes  with,  or  ob 
structs  that  writ,  is  guilty  of  a  great  moral  and 
legal  wrong,  and  incurs  a  heavy  penalty.  But 
in  time  of  war  it  is  a  different  matter.  Here  it 
is  found  that  a  man  is  preparing  to  blow  up  a 
fortress,  or  betray  an  army  to  the  enemy.  The 
officer  in  command  arrests,  and  sends  him  to 
a  fort,  with  orders  that  he  be  strongly  guard 
ed,  because  he  is  known  to  be  a  traitor,  and  in 
the  confidence  of  traitors  and  enemies.  A  law 
yer  sues  out  a  writ  of  habeas  corpus.  But  what 
is  the  result?  It  cannot  be  served,  and  the 
prisoner  cannot  be  procured  ;  they  cannot  see 
him  unless  the  judge's  tongue  is  longer  than  the 
soldier's  bayonet.  Would  any  one,  if  he  was 
commanding  at  Fortress  Monroe,  Fort  McIIenry, 
or  anywhere  else,  where  he  was  surrounded 
with  treason  and  traitors  at  every  step,  because 
a  judge  sent  a  writ  of  habeas  corpus,  give  up  a 
traitor  who  was  endangering  the  safety  of  his 
command  and  the  interest  of  the  country  ?  No 
man  can  pretend  it  for  a  single  moment ;  it  is 
one  of  the  terrible  necessities  of  war.  And  if 
I  were  in  command,  and  had  good  reason  to  be 
lieve  that  I  had  possession  of  a  traitor,  and  no 
other  remedy  would  arrest  treachery,  I  would 
suspend  the  writ  and  the  individual  too.  Gen. 


88 


REBELLION   RECORD,   1860-61. 


Jackson  had  the  hearts  of  the  American  people 
more  than  any  man  of  modern  times.  And 
why  ?  Because  he  met  great  necessities  like  a 
man.  He  didn't  go,  in  times  of  stirring  neces 
sity,  to  demonstrate  problems  from  musty  pre 
cedents,  but  when  a  man  wanted  hanging,  he 
hung  him  first  and  looked  up  the  law  afterward. 
There  are  times  and  occasions  when  this  is  the 
only  way  to  do  in  dealing  with  treason.  The 
civil  law  affords  no  adequate  remedy.  While 
you  are  discussing  the  question  the  country  may 
be  ruined,  the  Capitol  in  flames,  the  archives 
destroyed.  When  the  war  is  over  we  may 
examine  and  see  if  any  one  has  incurred  a 
penalty  for  suspending  the  writ  of  habeas 
corpus.  General  Jackson  paid  his  tine,  but  not 
till  after  he  had  put  down  both  foreign  foes  and 
domestic  traitors. 

So  long  as  there  is  a  citizen  South  that  de 
mands  the  protection  of  this  Government,  it  is 
our  duty  to  protect-  the  Government  of  the 
Union  for  his  sake.  And  when  there  is  none, 
it  is  our  duty  to  maintain  it ;  for  politically, 
geographically,  socially,  and  commercially,  it  is 
one  in  every  sense ;  it  is  utterly  impossible  for 
this  Government  to  be  divided  without  utter 
destruction  to  both  sections.  When  you  at 
tempt  to  divide  the  North  and  the  South,  you 
must  do  it  between  the  East  and  West.  Then 
all  will  go  to  pieces,  and  our  country  will  be  a 
Mexico — worse  than  Mexico ;  because  we  have 
ten  times  more  material  for  mischief  and  de 
struction.  A  military  despotism  will  be  inau 
gurated  whenever  you  permit  this  rebellion  to 
triumph. 

But  some  cry,  We  are  in  favor  of  peace.  Yes, 
we  are  all  for  peace  now.  I  was  for  negotiating 
a  peace  until  a  fortification  was  fired  upon  by 
rebel  artillery,  and  then  I  bade  adieu  to  all  ex 
pectation  of  peace  until  conquered  over  rebellion. 
I  say  there  is  no  peace  until  you  can  put  down 
rebellion  by  force  of  arms;  and  when  every 
other  man,  woman,  and  child  in  the  United 
States  hns  acknowledged  the  independence  of 
the  revolted  States,  to  those  with  arms  in  their 
hands,  I  will  still  oppose  it,  and  I  will  talk  for 
my  own  gratification  when  no  others  will  hear 
me.  We  must  stand  by  the  Union.  Fellow- 
citizens,  the  language  of  Andrew  Jackson  was: 
"The  Union  must  and  shall  be  preserved." 
What  would  General  Jackson  have  done  had 
he  been  at  the  helm  to-day  ?  He  would  have 
hung  the  traitors  higher  than  Haman.  You 
may  make  peace  with  the  loyal  men  of  the 
South,  and  there  is  the  place  to  make  it.  But 
how  will  you  do  it  with  rebellion?  Go  with 
the  agreement  in  one  hand  and  a  revolver  in  the 
other,  and  ask  the  Confederacy  to  take  its 
choice  ?  If  there  is  any  you  can  deal  with,  it 
is  the  loyal  citizens  of  the  South — those  that 
are  persecuted  for  the  sake  of  their  Government 
— those  that  love  the  Constitution  and  are  will- 
Ilg  to  die  in  its  defence,  when  they  are  restored 
to  position  by  conquering  rebellion.  All  should 
strive  together  for  this  good  end — men  should 
bare  their  bosoms  in  battle ;  women  implore,  in 


the  name  of  Heaven,  that  the  blessings  of  the 
Union  may  return  ;  and  children  rais-e  their 
little  hands  to  curse  this  rebellion  as  a  ferocious 
monster,  that  has  come  to  torment  them  before 
their  time,  and  dim  with  blood  and  tears  the 
lustre  of  their  bright  star. 

I  believed,  when  the  evening  of  the  last  Pres 
idential  election  had  closed  down,  that  I  should 
claim  exemption  and  an  honorable  discharge 
from  the  active  discussions  of  the  day.  I  con 
gratulated  myself  that  I  should  once  more  enjoy 
repose  in  the  quiet  of  my  home  and  in  the  pur 
suit  I  loved.  But  this  question  of  government 
or  anarchy  has  arisen,  and  I  find  it  my  duty  to 
raise  my  voice  at  the  demands  of  my  fellow-cit 
izens,  until  turbulence  is  hushed,  or  is  crowned 
with  triumph.  Are  you  in  favor  of  war?  No; 
but  I  am  in  favor  of  putting  down  war  by  force 
of  arms.  I  am  opposed  to  war  and  in  favor  of 
\  obtaining  peace  by  putting  down  the  authors  of 
the  war.  I  am  in  favor  of  peace ;  but  I  am  in 
favor  of  the  only  course  that  will  insure  it — 
driving  out  armed  rebellion,  negotiating  with 
loyalty ! 

When  this  country  commences  to  die,  it  will 
die  rapidly.  When  this  nation  is  given  up  to 
disruption,  it  will  go  to  swift  destruction. 
Rome,  to  be  sure,  was  three  hundred  years 
dying;  but  then  its  physical  powers  were 
greater  than  ours,  its  moral  force  less,  its  nerv 
ous  energy  less  acute  than  ours.  When  we 
fall,  we  shall  go  down  in  blood  and  darkness; 
but  not  in  tears,  for  the  dying  never  weep. 
Nero,  the  last  and  worst  of  the  Caesars,  sung  to 
his  harp  wrhile  his  capital  was  in  flames;  Tam 
erlane,  to  signalize  his  brutal  ferocity,  reared  a 
monument  of  seventy  thousand  human  sculls; 
Attila  declared  that  the  grass  should  never 
grow  where  the  hoof  of  his  war-horse  trod; 
Hyder  Ali  left  the  Carnatic  black  with  ashes  and 
desolation — but  he  who  destroys  the  American 
Union  will  be  a  greater  curse  than  all  or  either. 
And  "the  foe,  the  monster  Brant,"  who  fell 
upon  and  slaughtered  the  defenceless  women 
and  children  of  this  valley,  will  be  more  ap 
proved  in  history  by  men,  and  be  an  honester 
man  in  the  sight  of  God,  than  the  despoilers  of 
our  late  happy  Union.  Shall  the  fell  destroy 
ers  of  this  beautiful  fabric  be  permitted  to  ac 
complish  their  infernal  errand,  and  shall  they  be 
aided  in  this  work  of  evil  by  the  cry  of  peace? 
Let  none  escape  under  this  shallow  pretension. 
Solomon,  the  wise  King  of  Judea,  spared  riot 
the  murderous  Joab,  though  he  fled  for  refuge 
to  inclosures  of  the  Tabernacle,  and  clung  for 
I  protection  to  the  horns  of  the  altar— he  slew 
I  him  there.  And  a  cry  of  peace,  to  be  negotiated 
with  armed  traitors,  should  secure  a  city  of  ref 
uge  to  none. 

I  am  pained  to  contemplate  the  vast  destruc 
tion  of  property  that  must  follow  ;  I  regret  that 
the  prosperity  of  the  country  must  for  a  time 
be  blasted  and  destroyed ;  I  mourn  the  great 
loss  of  human  life  that  must  ensue.  But  if 
these  events  must  come,  they  had  better  come 
with  a  country  preserved,  than  with  a  country 


DOCUMENTS. 


89 


divided  and  destroyed.  We  must  fight  battles, 
and  bloody  battles.  We  must  call  vast  numbers 
of  men  into  the  field.  We  must  not  go  as  boys 
to  a  general  training,  with  ladies,  and  idlers, 
and  Members  of  Congress,  to  see  the  show,  but 
\ve  must  go  in  earnest — go  prepared  for  action 
— to  fight  it  as  a  battle,  and  not  to  fight  it  as  a 
play-spell.  We  must  unite  as  a  whole  people, 
going  shoulder  to  shoulder.  And  when  we  do 
so  we  shall  conquer.  And  why  ?  We  have  the 
right,  we  have  the  prestige  of  Government,  we 
have  the  sympathy  of  the  disinterested  world, 
we  have  the  moral  and  material  elements  to  do 
it  all,  and  to  insure  victory.  Rebellion  has  not 
the  financial  ability  to  stand  a  long  war,  with 
all  their  gains  from  privateering  and  piracy, 
and  issuing  Confederate  bonds — made  a  lien 
upon  the  property  of  people  who  were  never 
consulted  as  to  their  issue,  and  who  repudiate 
them — worth  as  much  as  a  June  frost  or  a  cold 
wolf-track ;  which  no  financier  fit  to  be  outside 
of  the  lunatic  asylum  would  give  a  shilling  a 
peck  for.  They  may  vex,  they  may  harass, 
they  may  destroy,  they  may  commit  piracy, 
but  the  reckoning  is  to  come  for  all  this.  They 
•will  be  brought  to  the  judgment  of  the  Ameri 
can  people — of  their  own  people.  They  will  be 
arraigned,  and  who  is  there  will  be  ready  to 
stand  up  as  their  defenders  in  the  name  of  the 
Constitution  ? 

"I  tell  thee,  Culloden,  dread  echoes  shall  ring, 
With  blood-hounds  that  bark  for  thy  fugitive  king." 

What  a  glorious  Constitution  we  shall  have 
when  it  finds  such  glorious  interpreters !  How 
strong  our  institutions  will  be,  anchored  upon 
such  foundations !  The  Constitution  will  then 
literally 

"  Live  through  all  time,  extend  through  all  extent, 
Spread  undivided,  operate  unspent." 

I  know  there  are  some  who  fear  the  warlike 
power  of  the  rebellious  States.  They  had  a 
great  deal  of  power  for  good ;  but  they  have  a 
great  deal  less  than  they  imagined,  or  is  gener 
ally  supposed,  for  evil.  We  are  a  good  deal 
slower  in  waking  up,  but  when  waked  up  we 
are  a  good  deal  more  in  earnest.  The  tone  of 
the  rebel  press  is  exceedingly  braggart  in  regard 
to  its  men  and  its  victories.  It  reminds  me, 
when  I  hear  of  their  self-lauded  prowess,  of  the 
showman  who  spoke  of  the  great  capacity  of 
the  animal  he  was  exhibiting :  '"  Ladies  and 
gentlemen,"  said  he,  "this  is  the  Bengal  tiger, 
measuring  fourteen  feet  from  the  tip  of  his  nose 
to  the  tip  of  his  tail,  and  fourteen  more  from 
the  tip  of  his  tail  back  to  the  tip  of  his  nose, 
making,  in  all,  twenty-eight  feet."  I  think 
their  estimates  about  their  forces  and  capacity 
are  just  about  as  liberal,  and  they  are  to  be 
looked  at  accordingly.  Nevertheless,  they  have 
great  elements  of  mischief,  and  if  Satan  him 
self  had  been  sent  on  earth  to  scourge  mankind, 
and  to  cover  the  land  with  desolation,  he  could 
not  have  performed  his  mission  more  success 
fully  than  by  assuming  the  shape  of  a  rebel 
demagogue,  and  preaching  secession. 


Now,  I  have  a  clear,  and  well-defined,  and 
distinct  theory  of  what  I  would  do  with  this 
matter  to  attain  peace.  I  do  not  know  that 
this  Government  ever  can  be  brought  back  to 
where  it  was  before,  in  the  enjoyment  of  all  its 
relations ;  but  I  believe  it  can  be.  In  popula 
tion,  wave  succeeds  wave  in  generations,  as 
wave  succeeds  wave  upon  the  ocean,  and  the 
men  of  to-day  pass  away  to-morrow.  I  believe 
it  can  be  brought  back,  not  by  fostering  rebel 
lion  ;  but  by  treating  it  as  treason,  robbery,  and 
murder.  And,  if  this  Government  ever  can  be 
saved,  it  must  be  by  a  summary  chastisement 
and  overthrow  of  rebellion,  so  that  the  loyal 
people  of  the  Southern  States  can  come  forward 
and  administer  the  Government  of  those  States 
as  before.  Who  is  the  missionary  that  is  going 
with  his  peace  proposition?  What  is  he  going 
to  say?  What  will  he  say  to  this  party  in  re 
bellion  ?  It  is  a  pretty  thing  to  talk  about,  and 
for  the  designing  to  dupe  the  North  with  ;  it  is 
a  very  awkward  thing  to  reduce  to  practice. 

If  you  drive  out  rebellion,  you  will  have  a 
loyal  people  South  as  well  as  North.  Then 
they  will  all  do  what  Virginia,  and  Missouri, 
and  Maryland  are  trying  to  do,  and  what  Dela 
ware  and  Kentucky  are  doing.  Are  there 
any  men  here  who  want  this  Union  divided? 
("No!  ")  Then  do  not  sympathize  with  trea 
son  in  any  form  of  gender,  number,  person,  or 
case,  in  any  of  its  ramifications.  Hunt  it  like  a 
ferocious  monster  wherever  you  find  it.  Is 
there  any  who  wish  this  matter  let  alone  to  per 
fect  the  rebellion  so  causelessly  commenced? 

" "Who  would  be  a  traitor  knave? 
Who  would  till  a  coward's  grave? 
Who  so  base  as  be  a  slave  ? 

Let  him  turn  and  flee. 
W^ho  for  Union  and  for  Law 
Freedom's  sword  will  strongly  draw, 
Freemen  stand  or  freemen  fa', 

Let  him  follow  me." 

And  that  is,  fight  for  the  Union,  the  whole 
Union,  and  nothing  but  the  Union.  Let  every 
American  citizen,  instead  of  crying  "peace, 
I  peace,  when  there  is  no  peace"  rally  upon  the 
ramparts  until  Secession  is  silenced — until  the 
roar  of  artillery  has  ceased.  Then  we  shall 
have  peace — enduring,  perpetual  peace;  and  as 
monsters  are  seldom  born  of  the  same  genera 
tion,  we  shall  have  no  more  of  this  secession  in 
the  present  century  or  the  next.  This  Govern 
ment  is  the  Government  of  the  American  people. 
It  is  ours  to  use,  ours  to  enjoy,  but  it  is  not 
ours  to  subvert.  We  are  trustees.  We  are 
charged  with  sacred  trusts.  All  we  have  to  do 
is  to  bask  in  the  sunshine  of  its  blessings.  But 
cursed  be  the  unholy  ambition  of  that  man  who 
attempts  to  destroy  it.  I  regard  him  and  treat 
him  as  a  traitor  .to,  his  kind.  God  will  set  a 
mark  upon  him  too;  T)ut  It-will  not  be  like  the 
mark  set  upon  the  first  murderer  of  man — for 
that  was  set  for  safety — but  this  will  be  set  for 
destruction.  And  God  grant  that  it  may  be  so. 
It  will  be  time  enough  to  struggle  over  who 
shall  administer  the  Government  when  we  are 
sure  we  have  one  to  administer.  He  who  is  not 


90 


REBELLION  RECORD,  1860-61. 


for  it  is  against  it.  I  have  determined  to  fight 
this  battle  out,  but  on  no  political  grounds.  I 
stand  upon  the  Constitutional  ground  of  my 
fathers.  There  I  will  stand,  and  animate  my 
countrymen  to  stand  with  me,  and  when  once 
we  shall  have  peace  restored — when  we  shall 
have  put  down  rebellion,  when  we  shall  have 
encouraged  fidelity,  when  peace  and  prosperity 
shall  again  greet  us,  then  let  us  see  it'  any  part 
of  any  State  is  oppressed,  if  any  individual  is 
wronged,  if  any  are  deprived  of  their  rights; 
see  that  equal  and  exact  justice  is  extended  to 
all. 

This  is  a  great  crisis,  not  only  in  our  affairs 
but  in  the  affairs  of  human  liberty.  The  Angel 
of  Freedom,  after  coursing  over  the  wide  ex 
panse  of  waters  in  the  Old  World,  found  no 
rest  for  the  sole  of  her  foot  until  she  hovered 
here.  Here  is  her  resting-place.  God  of  my 
fathers.  Oh,  protect  her !  Let  us  go  forward  to 
this  great  work  of  preservation  not  merely  as 
members  of  political  parties,  but  as  American 
citizens,  bound  to  carry  out  the  work  our  fore 
fathers  began,  by  the  exercise  of  every  energy, 
moral  and  material.  Here  is  our  glorious  Ship 
of  State,  with  its  ensigns  streaming,  its  Stars 
and  Stripes  so  redolent  of  hope,  carrying  glad 
ness  wherever  seen  by  the  true-hearted,  and 
we  hail  it  as  the  noblest  emblem  of  earth. 
Heaven  bless  that  noble  ship. 

"  We  know  what  master  laid  thy  keel. 
What  workman  wrought  thy  ribs  of  steel, 

Who  made  each  mast,  and  sail,  and  rope, 
What  anvils  rang,  what  hammers  beat, 
In  what  a  forge  and  what  a  heat 
Were  shaped  the  anchors  of  thy  hope." 


Doo.  18. 

EXCHANGE  OF  PRISONERS. 
ME.  BANCROFT'S  LETTER  OK  THE  EXCHANGE  OF 

PRISONERS     DURING    THE    AMERICAN    WAR    OF 
INDEPENDENCE. 

NEW  YORK,  Feb.  14, 1862. 

MY  DEAR  MR.  BRADISH:  The  interest  that 
attaches  to  the  question  of  the  exchange  of 
prisoners  between  our  loyal  armies  and  the  in 
fatuated  men  still  engaged  in  hopeless  rebellion, 
has  led  me  to  look  up  the  principles  adopted  by 
Great  Britain  in  our  war  of  independence.  Not 
that  there  is  any  analogy  between  our  war  for 
independence,  which  was  forced  upon  us  by  a 
wrongful  policy,  and  the  transient  insurrection 
effected  by  a  few  desperate  men  in  the  States, 
which  knew  the  General  Government  only  by 
its  benefits ;  but  George  the  Third  was  devoted 
to  the  maintenance  of  the  regal  authority  with 
the  intensest  bigotry,  and  by  his  narrow  mind 
our  ancestors  were  reputed  guilty  of  treason  in 
its  worst  form.  The  precedents  which  he  es 
tablished,  may  therefore  be  received  as  no  dero 
gation  from  his  claim  to  sovereignty,  and  where 
they  incline  to  mercy,  they  may  be  invoked  as 
WDrthy  of  our  consideration.  To  that  end, 
learing  aside  the  vast  number  of  papers  on  in 
cidental  questions,  I  ask  to  bring  before  the 


New  York  Historical  Society  the  few  docu 
ments  which  show  precisely  the  rule  that  was 
adopted,  and  to  trace  it  from  its  source. 

On  the  13th  of  August,  1775,  Gage,  in  a  let 
ter  to  Washington,  refused  to  accord  to  the 
Americans  whom  he  had  taken  the  rights  of 
prisoners  of  war,  saying,  with  the  insolence 
which  he  thought  would  be  acceptable  at  court: 

General  Gage  to  General  Washington. 

"  August  13,  1775* 

"  Britons,  ever  preeminent  in  mercy,  have 
outgone  common  examples,  and  overlooked  the 
criminal  in  the  captive.  Upon  these  principles 
your  prisoners,  whose  lives  by  the  law  of  the 
land  are  destined  to  the  cord,  have  hitherto 
been  treated  with  care  and  kindness,  and  more 
comfortably  lodged  than  the  king's  troops  in 
the  hospitals;  indiscriminately,  it  is  true,  for  I 
acknowledge  no  rank  that  is  not  derived  from 
the  king." 

But  Great  Britain  was  unable  to  carry  on  the 
war  with  troops  levied  from  her  own  sons. 
The  ministry  entered  upon  measures  for  ob 
taining  recruits  and  mercenaries  from  Germany ; 
and  Sir  Joseph  Yorke,  minister  at  the  Hague, 
was  asked  to  give  his  advice  on  the  subject.  In 
his  reply,  he  represented  the  necessity  of  adopt 
ing  a  system  of  exchanges : — 

Sir  Joseph  Yorke  to  Secretary  Weymouth. 

"FROM  THE  HAGUE,  September  5, 1775. 

"First,  as  to  the  procuring  Recruits  from 
Germany,  I  really  think  that  if  it  is  not  incon 
venient  to  His  Majesty  to  afford  us  the  neces 
sary  assistance  in  his  Electoral  Dominions,  we 
may  be  furnished  with  recruits  to  any  number, 
and  at  a  tolerable  easy  rate.  I  have  been  lately 
engaged  in  much  discussion  and  enquiry  about 
the  practicability  of  such  a  plan,  at  the  request 
of  Lord  Barrington,  and  in  concert  with  Gen. 
Keppel,  to  whom  His  Lordship  likewise  applied, 
and  as  he  is  now  upon  his  return  to  England, 
he  will  be  able  and  willing  to  give  your  Lord 
ship  all  the  information  possible  upon  this  sub 
ject,  for  he  understands  it  thoroughly. 

"Secondly,  as  to  the  military  force  which 
princes  upon  the  continent  may  be  engaged  to 
supply  in  the  course  of  the  present  contest  be 
tween  Great  Britain  and  her  colonies, — that  is 
a  point  of  a  much  more  difficult  and  extensive 
discussion.  I  am  to  take  it  for  granted  that 
such  troops  so  demanded,  would  be  only  meant 
to  serve  in  Europe ;  for  I  must  beg  leave  to 
mention  nn  anecdote,  relative  to  the  Hessian 
Troops  in  Scotland,  in  1745,  which  was  very 
embarrassing.  I  mean  the  difficulty  made  by 
them  to  combat  our  only  enemy,  the  rebels,  for 
want  of  a  cartel  for  the  exchange  of  prisoners, 
a  point  impossible  for  us  to  grant,  because  we 
could  not  treat  upon  it  with  rebels,  which  made 
the  late  Duke  of  Cumberland  (while  the  few 
who  knew  it  were  enjoined  secrecy)  get  rid  of 
them  as  fast  as  he  could,  and  never  attempt  to 
bring  them  to  action.  I  am  afraid,  was  it  ever 
intended  to  send  such  troops  to  America,  we 


DOCUMENTS. 


91 


should  not  find  them  more  pliable  there  than 
in  Europe,  and  their  tears  would  still  be  greater, 
as  the  objects  and  the  ideas  they  would  give 
rise  to  would  be  all  new." 

Meantime,  the  successes  of  Montgomery  in 
Canada  had  secured  many  prisoners  of  distinc 
tion.  Congress  was  anxious  for  the  liberation 
of  Col.  Ethan  Allen,  who  had  been  maltreated, 
and  came,  among  others,  to  the  following  reso 
lutions  : — 

"December  2,  1775. 

"  Resolved,  That  an  exchange  of  prisoners 
will  be  proper — citizens  for  citizens,  officers  for 
officers  of  equal  rank,  and  soldier  for  soldier. 

"The  Congress  being  informed  that  Mr. 
Ethan  Allen,  who  was  taken  prisoner  near  Mon 
treal,  is  confined  in  irons  on  board  a  vessel  in 
the  river  St.  Lawrence  : 

"Resolved,  That  General  Washington  be  di 
rected  to  apply  to  General  Howe  on  this  matter, 
and  desire  that  he  may  be  exchanged." 

In  obedience  to  these  resolutions,  Washing 
ton,  on  the  18th  of  December,  1775,  wrote  to 
Howe,  complaining  that  Colonel  Ethan  Allen 
had  been  thrown  into  irons  and  treated  like  a 
felon,  and  threatening  retaliation.  To  this  letter 
he  added  the  following  postscript: 

Postscript  of  a  Letter  from  General  Washington  to 
General  Howe. 

"December  18,  1775. 

u  If  an  exchange  of  prisoners  taken  on  each 
side  in  this  unnatural  contest  is  agreeable  to 
General  Howe,  he  will  please  to  signify  as  much 
to  his  most  obedient,  &c." 

To  this  insinuation,  Howe  at  that  time  re 
turned  no  answer.  On  the  following  day  he 
wrote  to  Lord  George  Germain,  as  follows : 

General  Hoice  to  Lord  George  Germain. 

"December  19,  1775. 

"  Mr.  Washington  commanding  the  rebel  army, 
presuming  upon  the -number  and  rank  of  the 
prisoners  in  his  possession,  has  threatened  re 
taliation  in  point  of  treatment  to  any  prisoners 
of  theirs  in  our  power,  and  proposes  an  ex 
change,  which  is  a  circumstance  I  shall  not 
answer  in  positive  terms,  nor  shall  I  enter  upon 
such  a  measure  without  the  King's  orders." 

Before  this  letter  reached  England,  the  ques 
tion  had  been  decided.  Treaties  with  the  king- 
lings  of  Germany  for  mercenary  troops  having 
been  signed,  and  numerous  recruits  having  been 
enlisted  at  the  various  recruiting  stations  which 
the  British  Government  kept  open  in  the  Ger 
man  empire,  and  the  time  for  the  embarkation 
of  the  troops  having  come,  Lord  George  wrote 
to  General  Howe  : — 

Lord  George  Germain  to  General  Howe. 

"  February  1,  1776. 

"  This  letter  will  be  intrusted  to  the  care  of  the 
commander  of  His  Majesty's  ship  Greyhound, 
who  will  also  deliver  up  to  you  the  officers  of  the 


privateer  fitted  out  by  the  rebels,  under  a  com 
mission  from  Congress,  and  taken  by  one  of 
Admiral  Graves'  squadron.  The  private  men 
have  all  voluntarily  entered  themselves  on  board 
His  Majesty's  ships,  but  the  officers  having  re 
fused  so  to  do,  it  has  been  judged  fit  to  send  them 
back  to  America,  for  the  same  obvious  reasons 
that  induced  the  sending  back  the  rebel  pris 
oners,  taken  in  arms,  upon  the  attack  of  Mon 
treal,  in  September  last. 

"It  is  hoped  that  the  possession  of  these 
prisoners  will  enable  you  to  procure  the  re 
lease  of  such  of  His  Majesty's  officers  and  loyal 
subjects  as  are  in  the  disgraceful  situation  of 
being  prisoners  to  the  rebels :  for  although  it 
cannot  be  that  you  should  enter  into  any  treaty 
or  agreement  with  rebels  for  a  regular  cartel 
for  exchange  of  prisoners,  yet  I  doubt  not  but 
your  own  discretion  will  suggest  to  you  the 
means  of  effecting  such  exchange  without  the 
King's  dignity  and  honor  being  committed,  or 
His  Majesty's  name  used  in  any  negotiation  for 
that  purpose ;  and  I  am  the  more  strongly  urged 
to  point  out  to  you  the  expediency  of  such  a 
measure,  on  account  of  the  possible  difficulties 
which  may  otherwise  occur  in  the  case  of  for 
eign  troops  serving  in  North  America.  I  am, 
&c." 

Howe's  letter  of  the  19th  of  December,  '75, 
was  received  by  Lord  George  Germain  on  the 
6th  of  February ;  but  it  required  no  attention, 
for  it  had  been  fully  answered  by  the  letter  of 
the  1st  of  February. 

Meantime,  the  siege  of  Boston  had  been  press 
ed,  and  Howe  was  driven  out  of  New  England. 
It  was  at  Halifax  that,  on  the  llth  of  May,  he 
received  the  Secretary's  letter,  directing  ex 
changes  of  prisoners  to  be  made,  and  he  took  it 
with  him  to  New  York  harbor. 

Soon  after  the  arrival  of  Lord  Howe,  Gen 
eral  Howe  made  an  overture  to  Washington,  by 
letter,  on  the  subject  of  their  respective  treat 
ment  of  prisoners  ;  the  attempt  at  a  correspond 
ence  failed  from  an  error  in  form;  but  on 
the  20th  of  July,  Paterson,  his  Adjutant-Gen 
eral,  formally  announced  that  now  Gen.  Howe 
had  authority  to  accede  to  a  proposal  of  ex 
changing  Governor  Skene  for  Mr.  Lovell.  As 
much  time  had  elapsed  since  the  proposal  was 
made,  Washington  reserved  the  subject  for  the 
decision  of  Congress. 

"July   22,  1776. 

"The  Congress  took  into  consideration  the 
report  of  the  committe  respecting  an  exchange 
of  prisoners :  Whereupon, 

"Resolved,  That  the  commander-in- chief  in 
each  department  be  empowered  to  negotiate  an 
exchange  of  prisoners  in  the  following  manner  : 
One  continental  officer  for  one  of  the  enemy  of 
equal  rank,  either  in  the  land  or  sea  service, 
soldier  for  soldier,  sailor  for  sailor,  and  one  citi 
zen  for  another  citizen. 

"  That  each  State  hath  a  right  to  make  any 
exchange  they  think  proper,  for  prisoneri  taken 
from  them  or  by  them." 


92 


REBELLION  RECORD,    1860-61. 


"July  24,  1776. 

"  Resolved,  That  General  "Washington  be  em 
powered  to  agree  to  the  exchange  of  Governor 
Skene  for  Mr.  James  Lovell." 

"Washington  sent  to  Lieutenant-General  Howe 
a  letter,  July  30,  1776,  conforming  to  these 
votes ;  and  on  the  first  of  August,  General 
Howe,  addressing  his  letter  to  Washington,  in 
his  capacity  as  General,  wrote  as  follows  : — 

General  Howe  to  General  Washington. 

"August  1,  1776. 

"Wishing  sincerely  to  give  relief  to  the  dis 
tresses  of  all  prisoners,  I  shall  readily  consent  to 
the  mode  of  exchange  which  you  are  pleased  to 
propose,  namely,  '  Officers  for  officers  of  equal 
rank,  soldier  for  soldier,  citizen  for  citizen,'  the 
choice  to  be  made  by  the  respective  command 
ers  for  their  own  officers  and  men.  You  must 
be  sensible  that  deserters  cannot  be  included  in 
this  arrangement;  and  for  the  mode  pf  ex 
change  in  the  naval  line,  I  beg  leave  to  refer 
you  to  the  Admiral." 

This  is  the  way  in  which  a  system  fort  he 
exchange  of  prisoners  was  established.  During 
the  progress  of  hostilities,  various  incidental  dis 
cussions  and  interruptions  took  place,  as  for 
example :  it  was  questioned  whether  stragglers 
were  to  be  considered  as  prisoners  of  war; 
whether  exchanges  should  be  immediate  after 
captivity.  When  Lee  was  taken,  Howe  re 
garded  him  as  a  deserter ;  and  in  this  way  ex 
changes  were  checked,  till  the  Government  di 
rected  Lee  to  be  treated  as  a  prisoner  of  war. 
When  the  army  of  Burgoyne  surrendered,  a 
difficulty  arose  respecting  the  validity  of  the 
convention,  unless  it  should  be  ratified  by  the 
authority  of  the  King ;  but  essentially  the  rule 
of  proceeding  remained  unchanged  during  the 
war  of  Independence,  as  established  on  the  part 
of  Britain  by  the  letter  of  Lord  George  Germain, 
of  February  1,  17Y6. 

There  is  a  point  in  that  letter  to  which  I 
wish  particularly  to  call  your  attention.  In 
the  direction  for  effecting  exchanges,  no  dis 
tinction  whatever  is  made  between  captives 
taken  on  board  privateers,  and  captives  taken 
in  battle  or  in  garrison.  It  even  happened, 
that  the  first  opportunity  for  entering  upon  ex 
changes  is  stated  by  the  Secretary  himself  to 
proceed  from  the  possession  of  prisoners  "  taken 
from  a  privateer,  fitted  out  by  the  rebels,  under 
a  commission  from  Congress."  Our  Govern 
ment  need  not  fear  to  be  as  forbearing  as  Lord 
George  Germain  and  George  the  Third. 

But  on  this  subject  of  privateering,  I  beg 
leave  to  add  one  single  suggestion.  '4  Letters  of 
marque,"  says  Heftier,  and  there  is  no  better 
authority,  "  are  a  legacy  of  the  middle  age  and 
of  its  system  of  reprisals,"  and  he  regretted 
that  the  barbarous  practice  had  not  been  re 
nounced.  By  the  famous  declaration  of  the 
}6th  of  April,  1856,  privateering  was  abolished 
forever  alike  by  Britain  and  by  France,  and  so 
many  powers  gave  their  adhesion  to  the  dec 
laration,  that,  to  use  the  words  of  Heffter's 


translator,  "it  can  henceforward  be  regarded 
as  the  general  law  of  Europe."  This  being  the 
case,  the  right  of  continuing  the  system  can 
belong  only  to  those  powers  which  were  in 
possession  of  it  when  the  declaration  was  made, 
and  which  have  not  acceded  to  the  declaration. 
It  does  not  follow  that  a  new  power  coining 
into  existence  subsequent  to  that  declaration 
has  a  right  to  resort  to  the  system.  The  appli 
cation  of  this  view  to  our  present  unhappy 
domestic  strife  is  obvious.  Since  the  United 
States  have  forborne  the  use  of  privateers,  the 
privateers  of  the  insurgents  ought  riot  to  have 
been  admitted  at  all  into  the  harbors  of  France 
or  England,  or  other  powers  who  were  parties 
to  the  noble  declaration  of  April,  1856. 
1  remain,  my  dear  Mr.  Bradish, 
Ever  yours,  very  truly, 

GEORGE  BAN  CROFT. 
LFTHER  BRADISIT,  LL.D., 

President  of  the  New-York  Historical  Society. 


Doc.  19. 
SPEECH  OF  JOHN  S.  CAELILE, 

DELIVERED  IN   THE  VIRGINIA  STATE  CONVENTION, 
THURSDAY,  MARCH  7,  1861. 

IN  the  Convention,  Mr.  Cox,  of  Chesterfield, 
submitted  the  following  resolution  : 

Resolved,  That  the  Committee  on  Federal 
Relations  be  instructed  to  report,  without  de 
lay,  a  plan  for  a  Convention  of  all  the  Border" 
Slave  States  at  the  earliest  practicable  day ; 
also,  to  report  on  the  subject  of  coercion  by 
the  Federal  Government  of  the  seceded  States, 

Mr.  Leake  moved  to  amend  by  striking  out 
all  after  the  word  "resolved,"  and  inserting 
the  following  : 

"  That  the  Committee  on  Federal  Relations 
be  instructed  to  bring  in  an  ordinance  setting 
forth  the  following  facts  and  determinations 
of  Virginia  in  connection  with  the  present 
threatening  aspect  of  public  affairs  :  That,  as 
Virginia  was  the  foremost  to  make  sacrifices 
for  the  Union  under  the  Constitution,  so  to 
preserve  it,  she  has  practised  the  greatest  self- 
denials  :  never  seeking  or  receiving  an  exclu 
sive  benefit,  she  has  never  infringed  the  rights 
of  any  State  or  section  :  zealous  of  the  integrity 
of  the  Constitution,  and  the  equality  of  the 
States,  she  has  lived  up  to  the  obligations  im 
posed  upon  her  by  the  Federal  compact.  That 
on  the  other  hand,  the  Northern  section  has 
disregarded  many  of  its  obligations,  and  at 
tempted  to  set  aside  some  of  the  compromises 
made  between  the  two  great  sections  of  the 
Confederacy,  without  which  no  union  could  ever 
have  been  formed  ;  hatred  has  been  substituted 
for  that  fraternity  upon  which  these  compro 
mises  rested  for  vitality  ;  and  power  is  claimed 
for  a  sectional  majority  utterly  at  war  with 
the  spirit  and  letter  of  the  compact,  and  sub 
versive  of  our  safety,  our  well-being,  and  our 
rights.  Equality  of  rights  in  the  enjoyment  of 
the  common  property  is  denied  us,  aggressions 


DOCUMENTS. 


93 


are  made  upon  our  soil,  the  powers  of  a  com 
mon  Government  are  claimed  as  the  lawful 
means  for  our  oppression,  and  the  hedging  in 
our  rights.  All  this  opposition  to  our  civiliza 
tion,  all  this  hatred  of  our  domestic  institu 
tions,  and  all  this  enmity  to  our  peace,  are 
banded  together  in  the  formation  and  uphold 
ing  of  a  great  sectional  party,  that  has  elected 
a  President  upon  the  principle  of  avowed  hos 
tility  to  the  institutions  of  the  South,  and  upon 
the  pledge  to  use  the  powers  of  the  Govern 
ment  for  their  ultimate  extinguishment,  for 
getful  that  the  Union  was  formed  for  '  estab 
lishing  justice  and  ensuring  domestic  tranquil 
lity.'  These  violations  of  the  integrity  of  the 
compact  have  given  rise  to  other  great  evils 
now  impending  over  us,  which  menace  the  first 
principles,  the  very  foundations  of  free  institu 
tions,  and  which  threaten  the  overthrow  of  the 
rights  of  sovereign  States.  They  have  given 
rise  to  the  claim  of  right  upon  the  part  of  sov 
ereign  States  in  one  section  to  coerce  sovereign 
States  of  another  section  into  a  union  to  which 
they  will  not  assent,  and  to  the  assertion  of 
the  doctrine  that  resistance  to  violations  of  the 
terms  of  our  Federal  compact,  is  treason  to  the 
claims  of  a  sectional  majority  ;  and  which  have 
led  to  the  armed  occupation  of  the  seat  of  the 
common  Government  by  an  armed  force,  with 
friendly  purposes  toward  the  one  section,  with 
hostile  feelings  toward  the  other ;  and  which, 
too,  have  led  the  authorities  at  Washington  to 
make  the  fortresses  of  Virginia  to  frown  upon 
her,  while  she  was  showing  a  determination  to 
exhaust  all  the  resources  of  conciliation  and 
compromise.  These  outrages  of  a  sectional 
majority  have  broken  the  Constitution,  driven 
seven  States  out  of  the  Union,  dissolved  the 
Union  of  our  fathers,  and  is  now  substituting 
another  Union  in  its  place.  Virginia  is  no  party 
to  any  such  new  Union ;  and  she  demands  a 
reconstruction  to  secure  her  and  the  whole 
South  from  any  future  outrage.  In  this  recon 
struction  she  ought  to  stand  with  the  South, 
in  the  assertion  of  her  rights,  and  she  ought  to 
occupy  no  position  in  connection  with  the 
North,  in  the  state  of  things  brought  about  by 
Northern  aggressions,  which  would  cripple  her 
power  for  her  own  defence,  and  prevent  her 
from  aiding  in  maintaining  the  rights  and  the 
equality  of  all  the  States.  And  that  the  said 
committee  especially  set  forth  the  fact,  that  in 
consequence  of  the  secession  of  Southern  States, 
and  the  hopeless  condition  of  New  England 
fanaticism,  the  blind  hate  of  Black  Republican 
ism,  and  the  coercive  policy  indicated  by  the 
President  of  a  dismembered  Union,  there  is  no 
hope  of  an  amendment  of  the  Constitution  that 
can  be  satisfactory  to  Virginia,  in  the  constitu 
tional  way,  and  that  the  only  mode,  in  the  cir 
cumstances  which  now  surround  us,  to  secure 
any  Union,  in  which  the  rights  of  Virginia 
would  be  safe  and  protected,  is  for  Virginia  to 
reassume  all  the  powers  she  delegated  to  the 
Federal  Government,  and  to  declare  her  inde 
pendence  ;  and  then  to  call  into  a  Convention 
SUP.  Doc.  6 


all  the  slaveholding  States,  to  determine  what 
shall  be  the  new  construction  necessary  for 
their  rights  and  protection  in  a  confederacy  of 
slave  States  alone,  or  of  the  slave  States  and 
such  free  States  as  are  willing  to  come  into  a 
Union  under  this  new  construction  with  the 
slave  States." 

Mr.  Harvie  moved  to  amend  the  amendment 
by  striking  out  all  after  the  word  "  instructed," 
and  inserting  the  following — "  to  report  forth 
with  the  following  :  " 

Whereas,  it  is  now  plain  th'at  it  is  the  pur 
pose,  of  the  Chief  Executive  of  the  United  States 
to  plunge  the  country  into  civil  war  by  using 
the  power  "  to  hold,  occupy,  and  possess  the 
1  property  and  places  belonging  to  the  Govern 
ment,  and  to  collect  the  duties  on  imports,"  in 
all  the  States,  as  well  those  that  have  with 
drawn  from  as  those  that  have  remained  in  the 
Union ;  and,  whereas,  the  State  of  Virginia 
will  resist  such  exercise  of  power  with  all  her 
means ;  therefore,  be  it 

Resolved,  That  the  Legislature  of  the  State 
be  requested  to  make  all  needful  appropriations 
of  means,  and  provide  the  necessary  forces,  to 
resist  and  repel  any  attempt  on  the  part  of  the 
Federal  authorities  to  "  hold,  occupy,  and  pos 
sess  the  property  and  places  "  of  the  United 
States  in  any  of  the  States  that  have  with 
drawn  from  the  Union,  or  to  collect  the  duties 
on  imports  in  the  same. 

Mr.  Caiiile  spoke  on  these  resolutions  as  fol 
lows: 

Mr.  President,  in  this  the  hour  of  our  coun 
try's  peril,  when  the  strength  of  our  system  of 
Government  is  being  severely  tested,  I  should 
be  slow  to  believe  that  any  but  patriotic  emo 
tions  could  influence  the  members  of  this  body. 
Candor  and  frankness,  therefore,  should  char 
acterize  our  discussions,  and  a  love  of  country 
alone  should  influence  our  deliberations.  In 
this  spirit  I  enter  upon  this  discussion. 

The  resolutions  before  the  Convention  are 
designed,  and  if  adopted  will  have  the  effect, 
to  place  Virginia  in  hostility  to  the  Federal 
Government,  which  Federal  Government  is 
Virginia's  Government.  In  other  words,  to 
commit  Virginia  to  a  war  against  herself,  and 
to  connect  her  with  the  Cotton  States,  so  as  to 
share  with  them  the  disastrous  consequences 
that  may  flow  from  the  rebellious  attitude  as 
sumed  for  them  and  in  their  name,  by  the  men 
who  for  the  time  have  the  control  of  their 
respective  State  Governments.  Mark  it  well, 
Mr.  President ;  note  it,  gentlemen  of  the  Con 
vention  ;  look  to  it,  ye  people  of  Virginia — it 
is  the  purpose  of  those  who  are  pressing  with 
such  eagerness  and  such  earnestness  upon  this 
body  these  resolutions,  if  they  can  have  them 
adopted  here,  never,  never  to  allow  the  people 
to  pass  upon  them. 

And,  sir,  it  is  not  any  thing  in  the  inaugural 
address  of  the  President  of  the  United  States 
that  has  induced  the  submission  of  these  reso 
lutions  at  this  time.  I  grant,  sir,  that  the  de- 


9-4 


REBELLION  RECORD,   1860-61. 


livery  of  that  address  and  its  appearance  has 
been  made  the  occasion,  as  the  election  of  the 
man  was  made  the  occasion,  by  the  Cotton 
States,  to  dissever  their  connection,  so  far  as 
they  can  do  it,  from  the  rest  of  the  United 
States.  I  will  here  remark,  Mr.  President, 
that  every  movement  that  has  been  made  in 
the  State  of  Virginia,  looking  to  secession,  has 
been  in  exact  conformity  to  the  programme  laid  I 
down  by  the  Richmond  Enquirer.  In  October  j 
last,  before  the  election,  the  editors  of  that  | 
paper  advised  the  Cotton  States  immediately 
and  separately  to  secede,  and  stated  that  they 
would  inevitably  drag  Virginia  after  them. 
This  is  the  sentiment  of  gentlemen  who  profess 
an  ardent  love  for  a  mother  Commonwealth — 
she  who  has  been  accustomed  to  give  law  to 
the  States  of  this  Confederacy  ;  it  is  an  exhibi 
tion  of  their  fondness  for  her,  to  place  her  in  a 
condition  to  be  dragged  at  the  heel  of  the  Cot 
ton  States  of  this  Confederacy. 

I  have  said  that  the  appearance  of  the  inau 
gural  address  of  the  President  has  been  merely 
seized  upon  as  the  occasion  for  the  submission 
of  these  resolutions,  and  the  eloquent  declama 
tion  to  which  we  have  listened  day  after  day, 
during  the  present  week,  has  been  but  in  com 
pliance  with  the  programme  "to  fire  the  South 
ern  heart,"  to  induce  members  of  this  body,  if 
possible,  to  forget  that  they  had  a  constituency 
behind  them  to  whom  they  were  responsible — 
not  responsible  to  those  who  get  np  meetings 
in  the  streets  of  this  city,  and  call  for  reports 
from  Peace  Commissioners  to  be  made  to  them. 
On  the  19th  day  of  February,  more  than  two 
weeks  before  the  inaugural  address  appeared, 
the  programme  was  laid  down  and  published  in 
the  Richmond  Enquirer,  as  follows  : 

"  Aye,  the  Convention  now  assembled  in  this 
city,  can,  in  one  day,  in  one  hour,  take  action 
which  cannot  fail  to  restore  our  Union,  main 
tain  our  honor,  and  preserve  an  honorable 
peace  in  the  Union. 

"  This  can  be  done  by  a  single  ordinance — 
by  an  ordinance  which  will  not  require  even 
reference  to  the  people  under  the  prescribed 
terms  of  the  legislative  act  and  the  late  popu 
lar  vote — by  an  ordinance  which  will  involve 
neither  secession  nor  nullification ;  and  com 
prehending  only  such  action  as  a  State  may 
take  in  the  Union,  and  in  strict  conformity 
with  the  letter  itself  of  the  Constitution  of  the 
United  States. 

"  Let  the  Convention  command  the  confi 
dence  of  all  the  Southern  States  by  declaring 
the  fixed  intention  of  Virginia  to  resist  all  at 
tempts  to  coerce  a  Southern  State  ;  let  it  com 
mand  the  full  sympathy  of  the  Southern  States 
by  declaring  that  if  separation  shall  prove  final 
and  irremediable,  Virginia  will  cast  her  lot 
with  that  of  her  Southern  sisters." 

This  is  the  programme  of  the  editors  of  that 
paper.  Without  having  the  pleasure  of  a  per 
sonal  acquaintance  with  them,  I  have  the  same 
respect  for  any  opinion  they  might  give,  that  I 
would  have  for  the  opinions  of  any  three  re 


spectable  gentlemen  and  no  more ;  so  far  as  the 
cracking  of  their  whip  over  my  back  is  con 
cerned,  it  will  affect  my  action  just  as  much 
as  the  cracking  of  any  other  three  gentlemen's 
whips  over  my  back  might  ati'ect  it  arid  no 
more. 

Let  us  look  again,  and  see  if  we  cannot  take 
another  peep  into  the  programme.  Mr.  Presi 
dent,  I  have  listened  in  a  body  representing  the 
sovereignty  of  my  native  Commonwealth  to  ap 
peals  made  to  my  fears,  and  through  me  to  the 
fears  of  the  people,  to  induce  us  to  do  that 
which  gentlemen  must  suppose  that  if  we  were 
not  influenced  by  fear,  could  not  command  the 
approbation  of  our  judgments.  We  are  urged 
to  adopt  these  resolutions,  "to  save  Virginia 
from  civil  war."  Oh,  but  a  tear  will  course 
down  my  cheek,  when  the  fact  is  made  patent 
to  my  mind  that  my  mother  Commonwealth  is 
to  be  driven  into  a  course  of  conduct  which  her 
judgment  does  not  approve,  by  appeals  to  her 
fears!  That  those  who  are  the  authors  of  this 
plan,  and  in  the  carrying  out  of  whose  pro 
gramme  these  resolutions  have  been  offered, 
care  very  little  about  civil  war,  we  will  find  in 
that  paper  of  the  4th  March,  1861,  clothed  in 
mourning.  "  EXPEL  TEE  INVADERS  AT  ONCE  ;  " 
that  is  the  heading  of  the  editorial.  I  shall 
not  detain  the  Convention  by  reading  the 
whole  of  it ;  I  will  simply  call  the  attention  of 
the  Convention  to  the  last  sentence  : 

"  Let  the  Confederate  States  once  appeal  to 
arms  for  resistance  to  invasion,  and  the  sub- 
missionist  programme  loses  its  last  prop  on  the 
Border  States." 

That  is  what  those  gentlemen  Bay  in  that  edi 
torial.  They  understand  their  programme  well. 
I  have  no  doubt  of  it.  But  they  will  never  be 
able  to  succeed  in  carrying  it  out  and  accom 
plishing  their  purpose. 

Mr.  President,  how  different  is  the  Enquirer 
of  1860-61  from  the  Enquirer  of  1858 !  Will 
any  gentleman  explain  to  me  what  has  pro 
duced  this  change  which  has  come  over  the 
spirit  of  its  dreams  ?  Every  thing  in  the  Fed 
eral  and  State  Governments  is  precisely  where 
it  was  in  1858,  with  the  solitary  exception  of 
Mr.  Lincoln  as  President  of  the  United  States, 
and  the  going  out  of  Mr.  Buchanan,  who  has 
held  that  position  for  the  last  four  years. 
Every  personal  liberty  bill  that  is  or  has  been 
upon  the  statute  books  of  any  of  the  non-slave- 
holding  States  was  there  in  1858.  The  same 
anti-slavery  sentiment,  the  same  sentiment  of 
hostility  to  the  institution  of  African  slavery 
existed  in  1858  as  much  as  it  exists  in  1861. 
And  yet  that  Enquirer  speaks  differently,  and 
in  a  different  tone. 

In  its  issue  of  July  23,  1858,  it  says: 

"  The  shrill-tongued  faction  which  has  dinned 
in  our  ears  so  unmercifully  with  the  cry  of  dis 
union,  is  composed  of  three  distinct  classes: 
Of  these  the  first  is  by  far  the  most  respectable 
— it  consists  of  Simon  Pure  disunionists,  who 
are  laboring  honestly  and  openly  for  a  dissolu 
tion  of  the  Union.  The  second  is  made  up  of 


DOCUMENTa 


95 


men  whose  real  object  is  disunion,  but  who 
cloak  it  under  flimsy  pretences  and  disguises. 
The  third  set  are  no  disunionists  at  all,  but  a 
mere  band  of  malcontents,  disappointed  in  their 
political  aspirations,  who  require  a  thorough 
disorganization  and  reorganization  of  parties  to 
offer  opportunity  for  their  own  elevation  to 
power,  and  find  no  scheme  so  available  as  that 
of  exciting  sectional  and  factionary  differences 
among  the  members  of  the  only  remaining  na 
tional  party." 

Now,  Mr.  President,  I  shall  not  detain  this 
Convention  by  attempting  further  proofs  of  the 
remarks  1  have  made  in  relation  to  these  reso 
lutions.  I  think  it  will  plainly  appear  that  the 
resolutions  were  determined  upon  before  the 
inaugural  address  was  delivered ;  that  the  ap 
pearance  of  that  inaugural  has  only  been  seized 
upon  as  the  occasion,  with  the  hope  that,  in  the 
excitement  which  gentlemen  could  get  up  in 
opposition  to  that  inaugural,  they  might  pos 
sibly  succeed  in  passing  through  this  body  these 
resolutions,  thus  carrying  out  the  programme 
by  which  the  people,  who  sent  us  here  and  who 
were  induced  to  believe  that  all  or  any  action 
of  this  body  would  first  have  to  pass  their  su 
pervision  before  it  would  receive  the  authority 
of  law,  are  to  be  deprived  of  the  privilege  of 
passing  upon  our  action  here,  and  a  clash  of 
arms  is  to  be  brought  on  by  the  Confederate 
States ;  and  Virgina,  having  been  induced  to 
take  this  position,  thus  recommended  to  her  by 
these  gentlemen  of  the  Enquirer,  she  is  to  be 
committed  without  consulting  her  people,  by 
the  action  of  her  advisatory  representatives,  for 
you  are  nothing  more,  to  all  the  horrors  of  civil 
war;  not  alone  to  share,  as  I  said,  with  the 
Cotton  States,  but  to  stand  here  and  receive 
the  shock  for  their  benefit. 

Mr.  President,  what  are  we  called  upon  to 
do  ?  Let  us  examine  these  resolutions  ?  Let 
us  see  what  gentlemen  expect  of  this  Conven 
tion?  To  make  war  upon  the  Constitution  of 
our  own  country ;  to  destroy  our  own  Govern 
ment,  the  work  of  our  own  revolutionary  fa 
thers  ;  and,  if  I  may  be  allowed  to  cite  authority 
which  I  presume  will  be  respected  by  this  Con 
vention,  not  alone  their  work.  I  will  read,  sir, 
from  an  address  delivered  a  little  more  than 
two  years  ago,  by  a  distinguished  gentleman, 
who,  at  that  time,  occupied  the  Chair  of  State 
in  Virginia.  It  was  delivered  at  a  time  when 
the  remains  of  one  of  Virginia's  distinguished 
sons — President  Monroe — had  been  brought  to 
her  own  capital,  by  the  Seventh  regiment  of 
New  York — that  New  York  which  these  gen 
tlemen  would  have  to  be  a  foreign  Government 
to  Virginia.  On  that  occasion  the  Governor 
of  Virginia  said : 

"  Look  to  the  formation  of  the  Constitution 
after  the  articles  of  Federation  had  been  signed. 
When  your  fathers  attempted  to  form  this 
Union,  they  did  not  calculate  what  sort  of  a 
Union  it  was  to  be.  They  agreed  upon  a  Union 
for  Union's  sake,  and,  by  all  the  gods,  I,  too,  go 
for  the  Union  for  the  Union's  sake !  (Tremen 


dous  applause.)  They  went  to  work  for  the 
best  Union  they  could  make,  and  they  did  give 
us  the  best  Union  and  the  best  Government  the 
world  ever  saw.  (Renewed  applause.)  But, 
Jefferson  did  not  make  it,  nor  Madison,  or  his 
co-laborers  make  it.  GOD  ALMIGHTY  MADE  IT. 
It  was  the  work  of  inspiration.  I  believe  that, 
as  I  believe  in  the  Bible." 

That  is  the  language  of  a  patriot  and  a  distin 
guished  gentleman,  but  two  years  ago,  when  he 
was  your  Governor. 

I  will  invoke  again  the  same  distinguished 
authority,  at  a  later  period,  in  behalf  of  the 
Constitution  and  the  Union  of  my  country. 
Governor  Wise  delivered  an  address  in  this 
city,  in  May,  1859,  in  which  he  said : 

"  And  if  any  would  array  this  country's  parts 
against  each  other  in  sectional  division  and 
strife,  let  them  have  no  inheritance  in  the 
whole — the  grand,  great  whole ;  but  let  them 
selfishly  have  a  single,  small  place  for  their  safe 
keeping,  a  home  made  for  treason,  felony,  or 
mania,  a  prison,  or  a  mad-house. 

"They  cannot  destroy  the  Union  without 
destroying  States  and  homes,  and  they  cannot 
destroy  homes  and  States  without  destroying 
the  Union.  By  strengthening  each  part  we  for 
tify  the  whole,  and  by  fortifying  the  whole  we 
protect  each  part.  Each  and  all  is  ours ;  each 
and  all  belongs  to  all  equally  and  alike ;  in  the 
part  and  in  the  whole  all  citizens  are  seized ; 
all,  North  and  South,  East  and  West,  white 
and  black,  native  and  naturalized,  bond  and 
free,  happy  here  as  never  men  were  happy  else 
where  on  earth,  may  say,  for  the  whole  Union 
of  these  States,  as  this  toast  says  for  the  blessed 
mother  of  States : 

"  '  Breathes  there  a  man  with  eonl  so  dead, 
Who  never  to  himself  hath  said, 
This  is  my  own,  my  native  land  ?' 

"  I  give  you  the  Union  and  the  Constitution 
of  the  United  States,  as  they  are — the  country, 
the  whole  country — *  my  own,  my  native  land,' 
as  it  is" 

Now,  in  less  than  two  years  we  are  called 
upon  to  turn  our  back  upon  this  our  native 
land,  and  to  pledge  ourselves  either  to  States 
in  actual  rebellion  against  the  Government,  or 
to  foreign  powers,  in  whichever  light  you 
choose  to  view  the  position  assumed  by  the 
seceding  States  ;  and  I  would  respectfully  com 
mend  to  the  gentleman  from  Bedford  (Mr.  Gog- 
gin)  and  from  Halifax  (Mr.  Flournoy)  the  fact 
that  if  we  follow  their  advice,  we  either  place 
ourselves  in  actual  rebellion  against  our  native 
land,  or  give  aid  to  foreign  governments  in  a 
war  against  our  own  country  ;  for,  if  the  seced 
ing  States  are  out  of  the  Union,  they  are  a  for 
eign  and  hostile  power ;  if  in  the  Union,  they 
are  in  a  state  of  rebellion.  And  Virginia  is  to 
do  this  to-day,  what  she  was  not  required  to 
do  one  week  ago,  because  of  the  appearance 
of  Mr.  Lincoln's  inaugural  address.  Ah!  Will 
Virginia  do  this  thing?  Why,  sir,  I  suppose  if 
these  gentlemen  expected  to  have  been  satis 
fied  with  Mr.  Lincoln's  inaugural  address,  they 


96 


REBELLION  RECORD,    1860-61. 


would  not  have  opposed  him  so  bitterly  as  they  j  registered  in  Heaven  to  destroy  the  Govern- 
did.     And  here,  in  the  midst  of  the  assembled  j  meat,  while  I  shall  have  the  most  solemn  one 
representatives  of  Virginia,  I  declare,  on  my 
own  responsibility,  as  a  man  and  a  Virginian, 


to  'preserve,  protect,  and  defend     it.     I  am 
loath    to    cluse.      We    are    not  enemies,   but 


that  I  am  agreeably  disappointed  in  the  pacific  j  friends.  We  must  not  be  enemies.  Though 
tone  that  breathes  through  the  whole  of  that  |  passion  may  have  strained,  it  must  not  break 
inaugural  address.  Sir,  it  is  fortunate  for  the  j  our  bonds  of  atfection.  The  mystic  chords  of 
people  of  Virginia  that  they  will  read  that  ad-  |  memory,  stretching  from  every  battle-field  and 
dress  for  themselves,  but  I  will  call  particular  ,  patriot  grave  to  every  living  heart  and  hearth- 
attention  to  what  Mr.  Lincoln  says  upon  the 
subject  which  now  concerns  us  all : 

"  The  Chief  Magistrate  derives  all  his  author 
ity  from  the  people,  and  they  have  conferred 
none  upon  him  to  fix  terms  for  the  separation 
of  the  States.  The  people  themselves  can  do 
this  also  if  they  choose,  but  the  Executive,  as 
such,  has  nothing  to  do  with  it.  His  duty  is  to 
administer  the  present  Government  as  it  came 
to  his  hands,  and  to  transmit  it  unimpaired  by 
him  to  his  successor. 

44  Why  should  there  not  be  a  patient  confi 
dence  in  the  ultimate  justice  of  the  people  ?  Is 
there  any  better  or  equal  hope  in  the  world  ? 
In  our  present  difficulties  is  either  party  with 
out  faith  of  being  in  the  right?  If  the  Al 
mighty  Ruler  of  Nations,  with  His  eternal  truth 
and  justice  be  on  your  side  of  the  North,  or  on 
yours  of  the  South — that  truth  and  that  justice 
will  surely  prevail,  by  the  judgment  of  this 
great  tribunal — the  American  people. 

"By  the  frame  of  the  Government  tinder 
which  we  live,  this  same  people  have  wisely 
given  their  public  servants  but  little  power  to 
do  mischief,  and  have,  with  equal  wisdom,  pro 
vided  for  the  return  of  that  little  to  their  own 
hands  at  very  short  intervals.  While  the  peo 
ple  retain  their  virtue  and  vigilance,  no  Ad 
ministration,  by  any  extreme  of  wickedness 
or  folly,  can  very  seriously  injure  the  Govern 
ment  in  the  short  space  of  four  years. 

^4  My  countrymen,  one  and  all,  think  calmly 

Nothing 


would  rightfully  rest  upon  the  heads  of  the 
assailants. 

4i  Apart  from  the  execution  of  the  laws,  so 


and  well  upon  this  whole   subject. 

valuable  can  be  lost  by  taking  time.     If  there 

be  an  object  to  hurry  any  of  you  in  hot  haste 

to  a  step  which  you  would  never  take  delib-    far  as  this  may  be  practicable,  the  Executive 

erately,  that  object  will  be  frustrated  by  taking  '•  has  no  authority  to  decide  wrhat  shall  be  the 

time,  but  no  good  object  can  be  frustrated  by  I  relations  between  the  Federal  Government  and 

it.     Such  of  you  as  are  now  dissatisfied  still    South  Carolina.     He  has  been  invested  with  no 


stone  all  over  this  broad  land,  will  yet  swell  the 
chorus  of  the  Union,  when  again  touched,  as 
surely  they  will  be,  by  the  better  angels  of 
their  mature." 

Now  sir,  in  order  that  the  attention  of  the 
people,  which  may  not  have  been  specially  di 
rected  to  what  Mr.  Buchanan  said  in  his  last 
annual  message  upon  the  same  subject,  may  be 
called  to  it  now,  I  read  what  Mr.  Buchanan, 
said  in  his  annual  message  to  Congress  in  De 
cember  last : 

44  The  same  insuperable  obstacles  do  not  lie 
in  the  way  of  executing  the  laws  for  the  collec 
tion  of  the  customs.  The  revenue  still  contin 
ues  to  be  collected,  as  heretofore,  at  the  Cus- 
toin-IIouse  in  Charleston  ;  and  should  the  Col 
lector  unfortunately  resign,  a  successor  may  be 
appointed  to  perform  this  duty. 

"  Then  in  regard  to  the  property  of  the 
United  States  in  South  Carolina:  This  has 
been  purchased  for  a  fair  equivalent,  'by  the 
consent  of  the  Legislature  of  the  State,'  '  for  the 
erection  efforts,  magazines,  arsenals,'  &c.,  and 
over  these  the  authority  'to  exercise  exclusive 
legislation  '  has  been  expressly  granted  by  the 
Constitution  to  Congress.  It  is  not  believed 
that  any  attempt  will  be  made  to  expel  the 
United  States  from  this  property  by  force ;  but 
if  in  this  I  should  prove  to  be  mistaken,  the 
officer  in  command  of  the  forts  has  orders  to 
act  strictly  on  the  defensive.  In  such  a  con 
tingency,  the  responsibility  for  consequences 


have  the  old  Constitution  unimpaired;  and,  on 
the  sensitive  point,  the  laws  of  your  own  fram 
ing  under  it;  while  the  new  Administration 
will  have  no  immediate  power,  if  it  would,  to 
change  either.  If  it  were  admitted  that  you 
who  are  dissatisfied  held  the  right  in  the  dis 
pute,  there  still  is  no  single  good  reason  for 
precipitate  action.  Intelligence,  patriotism, 
Christianity,  and  a  firm  reliance  on  Him  who 
has  never  yet  forsaken  this  favored  land,  are 
still  competent  to  adjust,  in  the  best  way,  all 
our  present  difficulties. 

44  In  your  hands,  my  dissatisfied  fellow-coun 
trymen,  and  not  in  mine,  is  the  momentous 


issue  of  civil  war. 
assail  you. 


The  Government  will  not 


You  can  have  no  conflict  without  being 
yourselves  the  aggressors.     You  have  no  oath 


such  discretion.  He  possesses  no  power  to 
change  the  relations  heretofore  existing  be 
tween  them,  much  less  to  acknowledge  the 
independence  of  that  State.  This  would  be  to 
invest  a  mere  Executive  officer  with  the  power 
of  recognizing  the  dissolution  of  the  Confeder 
acy  among  our  thirty-three  sovereign  States. 
It  bears  no  resemblance  to  the  recognition  of 
a  foreign  de  facto  Government,  involving  no 
such  responsibility.  Any  attempt  to  do  this 
would,  on  his  part,  be  a  naked  act  of  usurpa 
tion." 

That  is  the  language  of  President  Buchanan, 
in  December  last,  looking  to  this  action  on  the 
part  of  South  Carolina.  And  it  is  because  Mr. 
Lincoln  has  not  been  guilty  of  this  usurpation 
— which  would  have  been  a  mere  nullity — of 
recognizing  the  independence  of  these  States 


DOCUMENTS. 


97 


which  are  now  in  rebellion  against  our  own 
Government,  that  he  is  to  be  denounced,  and 
that  we  are  with  hot  haste  to  pledge  our 
selves  to  become  a  party  to  this  effort  at  self- 
murder. 

What  less  could  Mr.  Lincoln  have  said  ?  I 
am  not  here  as  his  defender  or  his  apologist. 
God  knows,  if  there  is  a  man  in  the  land  who 
regrets  his  existence  and  the  existence  of  his 
party  more  than  I  do,  I  know  him  not.  But  I 
am  a  Virginian,  born  and  raised  in  the  State, 
never  having  lived  out  of  it,  and  not  expecting 
to  die  out  of  it.  I  have  too  much  Virginian 
blood  in  my  veins  to  do  the  slightest  injustice 
to  the  meanest  reptile  that  crawls.  Mr.  Lin 
coln  dare  not  recognize  these  ordinances  of  se 
cession,  by  which  these  States  say  they  have 
severed  the  tie  that  bound  them  to  the  rest  of 
the  States  of  the  Union.  And  I  cannot,  for 
the  life  of  me,  reconcile  the  opinions  avowed 
by  the  distinguished  gentleman  from  Bedford, 
(Mr.  Goggin,)  denying  the  right  of  secession, 
but  yet  recognizing  it  as  a  duty  on  the  part  of 
Virginia,  to  give  her  aid,  and  to  spill  her  blood, 
if  necessary,  and  expend  her  money,  and  appro 
priate  her  men,  in  defence  of  those  who  have 
done  that  which,  if  they  have  not  the  right  of 
secession,  is  evidently  an  illegal  act. 

I  had  thought  that  the  gentleman  from  Bed 
ford  (Mr.  Goggin)  was  a  member  of  the  suc 
cessful  party  in  the  State  of  Virginia  at  the 
late  presidential  election.  I  thought  he  rang 
the  Bell  where  Everett  went.  If  I  mistake  not, 
he  was  on  a  certain  committee  who  reported 
the  platform  upon  which  that  party  stood. 

Mr.  Goggin,  of  Bedford :  I  was  a  member  of 
the  Convention,  not  of  the  Committee. 

Mr.  Carlile  :  "Well,  then,  a  member  of  the 
Convention,  and  of  course  he  endorsed  the  plat 
form  of  his  party,  which  was  "  the  Union,  the 
Constitution,  and  the  enforcement  of  the  laws  " 
against  all  resistance,  either  at  home  or  abroad. 
Here  is  the  resolution  in  their  platform  to  which 
I  refer  : 

"  Resolved,  That  it  is  the  part  both  of  pa 
triotism  and  duty  to  recognize  no  political  prin 
ciple  other  than  the  Constitution  of  the  country , 
the  Union  of  the  States,  and  the  enforcement 
of  the  laws,  and  that,  as  representatives  of  the 
constitutional  Union  men  of  the  country,  in 
National  Convention  assembled,  we  hereby 
pledge  ourselves  to  maintain,  protect,  and  de 
fend,  separately  and  unitedly,  these  great  prin 
ciples  of  public  liberty  and  national  safety 
against  all  enemies,  at  home  and  abroad,  be 
lieving  that  thereby  peace  may  once  more  be 
restored  to  the  country,  the  rights  of  the  peo 
ple  and  of  the  States  reestablished,  and  the 
Government  again  placed  in  that  condition  of 
justice,  fraternity,  and  equality  which,  under 
the  example  and  Constitution  of  our  fathers, 
has  solemnly  bound  every  citizen  of  the  United 
States  to  maintain  a  more  perfect  Union,  estab 
lish  justice,  insure  domestic  tranquillity,  pro 
vide  for  the  common  defence,  promote  the  gen 


eral  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity." 

I  would  inquire  if  the  gentleman  from  Hali 
fax  (Mr.  Flournoy)  stood  upon  that  platform  ? 
I  merely  inquire,  sir,  very  respectfully,  and  the 
gentleman  need  not  answer,  unless  it  is  agree 
able  to  him  to  do  so. 

Mr.  Flournoy  :  I  nodded  my  head  as  an  an 
swer  in  the  affirmative  ;  I  did  not  think  it  was 
necessary  to  rise  and  answer  the  gentleman  in 
a  more  definite  manner. 

Mr.  Carlile :  Well,  sir,  what  Union  was  it 
you  had  to  preserve  ?  What  Constitution  were 
you  to  protect  and  defend  ?  And  what  laws 
were  you  to  enforce  ?  Did  you  not  unite  with 
me,  and  with  the  whole  South,  in  doing  hom 
age  to  Mr.  Fillmore?  Did  we  not  call  him 
the  Model  President?  And  why  did  he  de 
serve  that  name  ?  Because  at  the  point  of  the 
bayonet, 'in  the  streets  of  Boston,  with  the 
army  of  the  country,  he  enforced  the  laws 
against  those  who  were  disposed  to  resist  them. 
And  now,  when  the  laws  are  to  be  enforced 
on  this  side  the  line,  Virginia  is  to  pledge  her 
self  to  resist  their  execution. 

But  not  only  by  those  who  deny  the  right 
of  secession,  but  by  those  who  advocate  the 
right  of  secession,  are  we  to  be  dragged  into  a 
committal  of  the  people  of  Virginia,  without 
their  being  consulted  upon  it,  to  a  policy  which 
unites  our  fortunes  with  those  who  contemn 
the  laws  of  the  country,  and  despise  and  set  at 
naught  its  authority.  The  people  I  have  the 
honor  to  represent  upon  this  floor  are  a  brave, 
and  a  gallant,  and  a  law-abiding  people,  and 
you  may  travel  where  you  will — North,  South, 
East,  or  West — and  a  more  honorable,  or  a 
more  intelligent  people  are  not  to  be  found  on 
the  face  of  God's  green  earth ;  a  more  loyal 
people  to  the  soil  of  their  birth  are  nowhere  to 
be  found ;  a  people  devoted  to  the  institution 
of  slavery,  not  because  of  their  pecuniary  in 
terest  in  it,  but  because  it  is  an  institution  of 
the  State ;  and  they  have  been  educated  to  be 
lieve  in  the  sentiment  uttered  by  the  gentle 
man  from  Halifax,  the  other  day,  and  which  I 
cordially  endorse,  "  that  African  slavery,  as  it 
exists  in  the  Southern  States,  is  essential  to 
American  liberty." 

The  people  that  I  have  the  honor  in  part  to 
represent,  have  not  been  seized  with  this 
frenzied  madness  which  has  seized  our  friends 
in  other  parts  of  the  Commonwealth,  to  induce 
them — brave  and  gallant  though  they  be — to 
adopt  a  cowardly — I  use  this  language  because 
I  have  no  other,  for  I  have  never  been  inside  a 
school-house  to  learn  since  I  was  fourteen  years 
of  age — to  adopt  a  cowardly  course,  to  run 
away  and  give  up  all  their  inheritance  in  this 
great  country,  because  of  our  own  divisions  we 
allowed  about  one-third  of  the  voters  of  the 
Union,  numbering  a  little  more  than  one-half  of 
the  votes  in  the  non-slaveholding  States  to  suc 
ceed  in  elevating  to  the  presidency  of  the  United 
States,  one  who  is  objectionable  to  us.  Sir,  we 


98 


REBELLION  RECORD,  1860-61. 


know  we  have  the  protection  of  our  common 
Constitution ;  we  know  that  that  flag  is  ours, 
we  know  that  the  army  is  ours :  we  know  that 
the  navy  is  ours ;  we  know  that  in  any  battle 
in  defence  of  our  rights,  fifteen  hundred  thou 
sand  gallant  voters  in  the  nori-slaveholding 
States  will  rush  to  our  assistance,  and  under 
the  Stars  and  Stripes  will  hurl  from  power  any 
and  all  who  dare  to  take  advantage  of  the  po 
sition  they  have  obtained  to  our  injury  or  op 
pression.  We  cannot  reconcile  secession  with 
our  notions  of  Virginia's  chivalry  and  Virginia's 
courage.  But  we  know,  Mr.  President — and 
DO  man  upon  this  floor  has  denied  it — that  this 
Government  we  are  called  upon  to  destroy  has 
never  brought  us  any  thing  but  good.  No  in 
jury  lias  it  ever  inflicted  upon  us.  No  act  lias 
ever  been  put  upon  the  statute  book  of  our 
common  country,  interfering  with  the  institution 
of  slavery  in  any  shape,  manner  or  form,  that 
was  not  put  there  by  and  with  the  consent  of 
the  slaveholding  States  of  this  Union.  As  I 
remarked  upon  a  former  occasion,  in  this  Con 
vention,  when  we  did  put  an  act  there,  when 
•we  drew  the  line  of  demarkation  across  the 
common  territory  that  belonged  to  us,  and 
claimed  it  as  a  Southern  triumph,  we  were 
saved  from  its  injustice  by  the  act  of  the  Fed 
eral  Government ;  and  yet  we  are  now  called 
upon,  in  hot  haste,  to  destroy  the  Government 
that  shielded  us  from  the  injurious  consequences 
of  our  own  mistaken  conduct.  It  did  so  by 
declaring  that  act  of  ours  a  nullity,  and  guaran 
teed  to  us  the  right  to  go  to  any  and  all  the 
territories  of  this  Union  with  our  slave  prop 
erty,  if  we  desired  to  do  it.  That  is  the  Gov 
ernment  which  we  are  called  upon  to  destroy 
— a  Government  which  protects  us  even  against 
our  mistakes — a  Government  which  has  quad 
rupled  the  area  of  slave  territory  since  it  had 
an  existence — a  Government  in  which  we  have 
to-day  the  right  to  make  four  more  slave  States, 
if  we  had  either  the  whites  or  negroes  to  occu 
py  them ;  but  we  have  neither — and  it  is  be 
cause  we  have  neither  that  we  do  not  have  to 
day  nineteen  slave  States  in  the  Union.  We 
have  had  the  right  to  occupy  them  ever  since 
1845  ;  and  yet  we  want  expansion  in  Northern 
latitudes,  where  all  the  legislation  and  stimu 
lants  on  earth  could  not  keep  the  negro  for  a 
week,  even  if  we  were  to  take  him  there.  This 
question  of  African  slavery  is  regulated  by 
climate,  by  soil,  by  products,  and  by  interest. 

But,  Mr,  President,  we  have  heard  a  great 
deal  here  about  equal  rights — that's  the  ex 
pression,  I  believe.  I  never  heard  it  specified 
what  the  rights  were.  We  have  heard  a  great 
deal  about  "  rights,"  but  very  little  about  "  du 
ties."  "  Rights  "  are  in  every  man's  mouth — 
u  duties  "  are  never  alluded  to.  **  Rights  "  are 
to  be  enjoyed  ;  "  duties  "  are  to  be  performed. 
But  it  is  not  because  of  any  denial  of  right  on 
the  part  of  the  Federal  Government  to  allow 
us  to  carry  our  slaves  into  the  territories  of 
this  Union,  that  this  Union  is  sought  to  be  de 
stroyed.  South  Carolina  scorns  to  place  it 


upon  any  such  ground.  It  is  only  used  here, 
and  reference  is  made  to  personal  liberty  bills 
here,  not  because  of  the  injury  inflicted  by 
these  bills,  but  it  is  because  these  gentlemen 
may  obtain  the  motive  power  which  is  neces 
sary  to  enable  them  to  accomplish  their  dis 
union  ends.  If  it  were  resistance  to  the  fugi 
tive  slave  law  ;  if  it  were  the  passage  of  the 
personal  liberty  bills  that  they  considered  as 
just  cause  for  the  dissolution  of  this  Union, 
would  South  Carolina,  which  never  lost  a  run 
away  slave,  have  inaugurated  the  movement 
of  secession?  Is  Virginia  so  dull,  is  she  so 
stupid,  is  she  so  lost  to  all  her  ancient  fame, 
that  she  will  consent  to  remain  in  the  Union 
disgraced  and  dishonored,  not  knowing  that  she 
was  so  disgraced  and  dishonored  until  South 
Carolina  advises  her  to  that  effect  ?  Is  that  the 
position  in  which  gentlemen  would  place  us? 

This  movement  originated  in  South  Carolina, 
where  they  never  lost  a  slave,  precisely  as 
most  of  these  personal  liberty  bills  are  found 
in  the  statute  books  of  such  of  the  New  Eng 
land  and  Western  States  as  never  saw  a  run 
away  slave.  Now,  sir,  South  Carolina  tells  you 
boldly  and  frankly,  as  Mr.  Preston,  her  ambas 
sador,  told  you  in  this  hall  the  other  day,  that 
it  was  not  for  that,  but  because  of  the  irre 
pressible  conflict  that  exists  between  free  and 
slave  labor. 

Is  it  not  strange,  is  it  not  remarkable  that 
we  get  all  our  doctrines  of  secession,  of  irre 
pressible  conflict  from  these  Yankees,  whom 
we  love  to  abuse  ? 

Where  did  this  doctrine  of  the  right  of  a 
State  to  secede  originate?  In  the  hot-bed 
of  all  the  isms — Massachusetts.  In  1807,  be 
cause  of  the  embargo,  citizens  of  Massachusetts 
arid  other  New  England  States  resolved  that 
they  had  the  right  to  secede.  Let  us  see  how 
that  doctrine  was  treated  in  Virginia.  In  U08 
the  Presidential  Electors  of  Virginia  met  in  this 
city  and  cast  their  votes  for  Mr.  Madison  as 
President,  and  as  successor  to  Jefferson.  A 
dinner  was  given  to  the  Electors  npon  that 
occasion.  Spencer  Roane  was  President  and 
Robt.  Taylor  Vice-President.  P.  N.  Nicho 
las,  Attorney-General ;  Peyton  Randolph,  John 
Preston,  Thomas  Ritchie,  and  many  others  of 
the  most  distingished  statesmen  of  Virginia, 
sat  down  to  that  dinner. 

One  of  the  regular  toasts — the  14th  I  believe 
— was,  "  The  Union  of  the  States;  the  majority 
must  govern  ;  it  is  treason  to  secede." 

But,  sir,  that  doctrine  was  still  agitated  to  a 
later  period  in  these  New  England  States.  The 
Richmond  Enquirer  of  1814  held  the  following 
language : 

u  No  man,  no  association  of  men,  no  State, 
or  set  of  States,  has  a  right  to  withdraw  itself 
from  this  Union  of  its  own  account.  The  sjime 
power  which  knit  us  together  can  uriknit.  The 
same  formality  which  formed  the  links  of  the 
Union  is  necessary  to  dissolve  it.  The  major 
ity  of  States  which  formed  the  Union  must  con 
sent  to  the  withdrawal  of  any  one  branch  of  it. 


DOCUMENTS. 


99 


Until  that  consent  has  been  obtained,  any  at 
tempt  to  dissolve  the  Union  or  distract  the 
efficacy  of  its  constitutional  law,  is  treason- 
treason  to  all  intents  and  purposes." 

The  authority  of  Mr.  Madison  has  been  in 
voked  in  favor  of  this  right  to  secede.  I  will  j 
not  detain  the  Convention  now  by  reading  the 
many  letters  which  Mr.  Madison  wrote  upon  ( 
that  subject.  I  will  merely  refer  to  them,  tak-  i 
ing  care,  however,  that  they  shall  accompany 
the  publication  of  my  remarks.  First,  in  his 
letter  to  Mr.  Trist ;  second,  in  his  letter  to  Mr. 
Cabell ;  third,  in  his  leter  to  Mr.  Everett ;  and 
again,  in  his  letter  to  Mr.  Webster,  he  put  his 
heel  upon  this  poisonous  doctrine  of  secession. 
I  have  been  surprised — no,  I  will  not  say  sur 
prised — I  have  been  struck  with  the  adroitness 
on  the  part  of  the  secessionists  in  this  body  in 
evading  an  express  declaration  that  they  be 
lieve  in  the  right  of  secession.  They  will  not 
stop  to  discuss  the  right  of  secession.  It  is  one 
of  the  most  adroit  ways  in  which  they  could 
get  around  it ;  for  if  they  were  to  stop  and  dis 
cuss  the  right  of  a  State  to  secede  from  this 
Union,  and  should  fail  to  satisfy  the  people  of 
Virginia  that  in  the  exercise  of  this  power  of 
withdrawal  from  the  Union  they  were  acting 
rightfully  and  legally,  they  would  be  very  apt 
to  pause  long  before  they  would  exercise  it ; 
for  the  people  of  Virginia  are  not  only  a  brave 
and  gallant,  but  they  are  a  moral  people  ;  and, 
sir,  if  they  are  not  satisfied  of  the  morality  of 
an  act,  they  never,  never  will  join  you  in  its 
exercise.  They  are  a  law-abiding,  a  Constitu 
tion-loving  people ;  and  before  you  can  get 
them  to  go  with  you  for  an  ordinance  of  seces^ 
sion,  or  for  resolutions  pledging  them  to  a 
course  of  policy  which  will  bring  about  the 
same  result  that  an  ordinance  of  secession  will 
bring  about,  you  must  first  convince  them  of 
the  morality  and  legality  of  the  act. 

Now,  sir,  how  will  you  attempt,  at  this  day 
and  at  this  hour,  to  maintain  before  the  people 
of  Virginia  the  rightfulness  of  secession  ?  As 
tute,  learned,  and  great  as  you  may  be,  you  are 
not  astute,  learned,  and  great  enough  for  that. 
Its  absurdity  is  too  palpable  ever  to  be  main 
tained  successfully  before  a  Virginia  people. 
Mr.  Calhoun  never  contended  for  it.  Mr.  Cal- 
houn  never  advocated  it  in  the  discussion 
of  what  we  call  the  Force  Bill,  in  1833 ;  and 
when  Mr.  Paves,  the  then  United  States  Sena 
tor  from  Virginia,  intimated  in  his  argument 
that  Mr.  Calhoun  held  to  such  a  right,  he  in 
terrupted  him  in  the  course  of  his  argument, 
and  expressly  said  that  the  exercise  of  such  a 
right  would  be  a  breach  of  the  compact  and  a 
violation  of  faith.  And  South  Carolina  her 
self,  through  her  highest  judicial  tribunal,  the 
Court  of  Appeals,  has  expressly  repudiated  it  in 
a  case  brought  before  it  by  mandamus,  sued 
out  at  the  instance  of  a  gentleman  by  the  name 
of  McCready.  This  case  occurred  in  1834,  after 
their  ordinance  had  been  adopted.  Mr.  Mc 
Cready  refused  to  take  the  oath  prescribed  for 
the  militia  officers  of  that  State  by  the  Conven 


tion  that  adopted  the  ordinance,  and  he  ap 
plied  to  a  judge  for  a  mandamus  to  compel  the 
proper  party  to  issue  his  commission,  he  hav 
ing  taken  the  original  oath  as  prescribed  by 
South  Carolina  prior  to  the  adoption  of  the 
ordinance.  The  matter  went  up  to  the  Court 
of  Appeals,  and  that  court  expressly  denied  the 
legality  and  constitutionality  of  the  ordinance, 
and  instructed  the  proper  party  to  issue  his 
commission.  I  give  the  decision  : 

A  Convention  was  called  by  South  Carolina 
in  November,  1832.  In  March,  1833,  it  passed 
an  ordinance  to  nullify  the  act  of  Congress 
called  the  Force  Bill,  one  clause  of  which  ordi 
nance  read  as  follows  :  u  We  do  ordain  and 
declare  that  the  allegiance  of  citizens  of  this 
State  while  they  continue  such  is  due  to  the 
said  State,  and  that  obedience  only  and  alle 
giance  is  due  by  them  to  any  other  power  and 
authority  to  whom  the  control  over  them  has 
been  delegated  by  the  State."  The  Legislature 
followed  up  this  ordinance  by  the  act  of  De 
cember,  1833,  which  enacted,  "  that  every  offi 
cer  of  the  militia  hereafter  elected  shall  take 
the  following  oath  :  I,  A.  B.,  do  solemnly  swear 
that  I  will  be  faithful,  and  true  allegiance  bear 
to  the  State  of  South  Carolina."  This  oath 
was  tendered  by  Col.  Hunt,  of  the  Fourth  Bri 
gade,  to  Ed.  McCready,  a  lieutenant  elect  of 
Washington  Light  Infantry.  McCready  de 
clined  it,  went  before,  a  magistrate  and  took 
the  oath  prescribed  by  the  fourth  article  of  the 
Constitution  of  South  Carolina  to  all  persons 
chosen  or  appointed  to  any  office,  and  applied 
to  Mr.  Justice  Bay  for  a  mandamus  to  direct 
Col.  Hunt  to  issue  his  commission.  The  case 
was  brought  by  appeal  before  the  Court  of  Ap 
peals  of  South  Carolina  in  March,  1834,  and 
argued  by  eight  of  the  ablest  counsel  of  the 
State.  All  the  talent  and  influence  of  the  party 
which  formed  five-sevenths  of  the  State  were 
brought  to  bear  in  favor  of  "  the  South  Caro 
lina  doctrines,"  which  stood  or  fell  with  this 
case.  But  in  vain.  South  Carolinian  judges, 
paid  and  appointed  by  the  State,  with  all  the 
warm  State  partialities  which  distinguish  her 
sons,  decided  against  the  South  Carolina  doc 
trines,  with  their  corollaries  of  nullification  and 
secession. 

In  delivering  the  judgment  of  the  court  in 
favor  of  the  mandamus,  Justice  O'N eall  said : 

"  Treason  is  a  violation  of  the  tie  of  alle 
giance.  What  says  the  Constitution  of  the  Unit 
ed  States  in  relation  to  it  ?  It  is  defined  to  con 
sist  in  levying  against  the  United  States  or  in 
adhering  to  their  enemies,  giving  them  aid  and 
comfort.'  If  the  Government  of  the  United 
States  (as  we  familiarly  call  it,  and  I  think  it 
really  is)  is  no  government,  but  is  a  mere 
agency,  it  is  strange  that  treason  can  be  com 
mitted  against  it.  Who  ever  heard  of  treason 
being  committed  against  the  subordinate  parts 
of  a  Government  It  is  one  of  the  essential 
attributes  of  sovereignty  to  punish  for  treason. 
********* 

When  the  officer  swears  to  preserve,  protect, 


100 


REBELLION  RECORD,  1860-61. 


and  defend  the  Constitution  of  this  State  and 
of  the  LTnited  States,  is  he  not  sworn  to  be 
faithful,  and  true  allegiance  bear  to  the  Govern 
ment  of  the  United  States?  It  is  impossible 
that  it  should  have  any  other  sense ;  for  any 
act  which  was  intended  to  be  the  overthrow 
of  either  constitutional  government  would  be 
the  violation  of  the  constitutional  oath.  *  *  * 
The  power  of  amendment  of  the  Constitution 
by  three-fourths  of  the  States  has  been  by 
more  than  one  great  name  in  South  Carolina 
held  up  as  the  ultimate  sovereignty  to  which 
allegiance  was  due.  I  think  there  is  no  duty, 
no  allegiance,  to  any  such  ultimate  right.  But 
it  shows,  however,  that  a  government  which 
can  be  amended  against  our  will,  and  which 
will  then  operate  directly  upon  us,  is  some 
thing  more  than  an  agency  ;  and  that  it  has 
high  sovereign  powers  to  which  obedience  must 
be  yielded.  We  have  been  told  in  the  progress 
of  this  argument  that  the  Government  of  the 
United  States  was  a  mere  league  between  co- 
States  :  in  other  words,  that  the  spirit  of  the 
old  Confederation  exists  in  the  Federal  Consti 
tution,  although  the  former  has  been  super 
seded  and  abolished  by  the  latter.  We  must 
live  in  an  age  of  political  wonders  and  miracles, 
if  not  natural  ones.  I  confess  that  I  heard  with 
astonishment  the  old  Confederation  lauded  as 
the  best  Government  in  the  world,  when  I  had 
regarded  it  as  settled  and  given  up  fifty  years 
ago,  as  a  matter  of  history,  that  it  was  an  im 
practicable  Government. 

"  k  It  seems  to  me  perfectly  clear  that  the  gov 
ernment  created  by  the  Federal  Constitution  is, 
strictly  speaking,  a  government  of  the  people. 
It  is  a  government :  for  within  its  prescribed 
constitutional  limits  it  acts  upon  the  people, 
and  enforces  against  them  its  laws  through  its 
own  judiciary  or  "that  of  each  State.  Within 
its  own  constitutional  limits  it  is  absolute  and 
supreme.' 

"  '  By  the  second  section  of  the  sixth  article 
of  the  Constitution  of  the  United  States  it  is 
declared  that  "  this  Constitution  and  the  laws 
of  the  United  States,  which  shall  be  made  in 
pursuance  thereof,  &c.,  shall  be  the  supreme 
law  of  the  land  ;  and  the  judges  in  every  State 
shall  be  bound  thereby,  any  tiling  in  the  CON 
STITUTION  or  laws  of  any  State  notwithstand 
ing."  Does  not  this  supremacy  of  constitution 
al  law  necesssarily  make  the  Government  of 
the  United  States  as  much  the  Government 
of  the  people  of  this  State  as  her  own  imme 
diate  Government?  It  is  too  clear  to  admit 
of  argument  that  it  does.  What  is  the  neces 
sary  consequence  ?  Is  a  Government  possess 
ing  such  great  powers  without  any  tie  of  obe 
dience  or  allegiance  between  it  and  its  citizens? 
Can  it  be  that  in  time  of  war  a  citizen  soldier 
would  be  allowed  to  refuse  to  shoulder  his 
rnusket  and  say  I  owe  you  no  allegiance,  I  will 
wait  until  my  own  State  has  bade  me  fight? 
Could  he  say  I  will  assist  your  enemies,  and 
you  dare  not  punish  me  for  treason,  because 
South  Carolina  has  not  defined  it  ?  These  ques 


tions  must  have  an  affirmative  answer,  or  we 
do  owe  allegiance  to  our  Government,  not  our 
agency,  under  the  Federal  Constitution.'  " 

The  presiding  Justice,  the  Hon.  David  John 
son,  said  : 

"  The  people  have  organized  a  government, 
clothed  with  all  the  powers  that  are  necessary 
to  protect  the  citizen  in  the  enjoyment  of  all 
his  rights,  privileges,  and  immunities,  It  is 
that  government  which  does  protect  the  citi 
zen,  and  to  that  government  the  allegiance  of 
the  citizen  is  due.  If  that  had  been  a  simple 
government  intended  for  the  State  alone,  and 
confided  to  the  administration  of  agents  ap 
pointed  by  the  State,  and  responsible  to  the 
State  alone,  no  proposition  could  be  more  cer 
tain  than  that  the  citizen  would  owe  allegiance 
exclusively  to  that  government.  But  many  of 
the  powers  of  government,  and  those  of  the 
greatest  importance,  have  been  confided  by  the 
people  to  the  Government  of  the  United  States, 
whose  agents  are  not  appointed  by  nor  respon 
sible  to  the  State,  except  in  common  with  the 
other  States,  and  to  that  Government  is  con 
fided  the  preservation  of  many  of  the  dearest 
rights  of  the  citizen,  and  amongst  these  may 
be  mentioned  the  guarantee  of  the  Constitution 
of  the  United  States,  which  secures  to  each 
State  a  republican  form  of  government.  The 
Government  of  the  United  States  has  also  the 
right  to  require  of  the  citizen  to  contribute  of 
his  wealth  to  its  support,  and  to  serve  in  its 
armies.  That  Government  is,  to  all  intents 
and  purposes,  as  much  the  Government  of  the 
people  of  South  Carolina  as  the  State  Govern 
ment.  They  have  both  received  their  sanction, 
and  they  have  consented  to  be  bound  by  them, 
and  if  the  conclusions  of  logic  can  be  confided 
in,  for  the  same  reasons  that  they  owe  alle 
giance  to  the  State  Government,  they  owe  it  to 
the  Government  of  the  United  States.  Sophis 
try  may  confuse  the  subject,  but  this  must  be 
the  conclusion  whenever  the  unerring  test  of 
truth  shall  be  applied." 

Furthermore,  South  Carolina,  through  her 
Legislature,  expressly  repudiated  any  such 
right.  You  will  find  it  in  a  report,  adopted 
by  South  Carolina  in  December,  1828,  said  to 
have  been  written  by  Mr.  Calhoun  himself: 

"  Our  system,  then,  consists  of  two  distinct 
and  independent  sovereignties.  The  general 
powers  conferred  on  the  General  Government 
are  subject  to  its  sole  and  exclusive  control, 
and  the  States  cannot,  without  violating  the 
Constitution,  interpose  their  authority  to  check 
or  in  any  manner  counteract  its  movements,  so 
long  as  they  are  confined  to  its  proper  sphere ; 
so,  also,  the  peculiar  and  local  powers  reserved 
to  the  States  are  subject  to  their  exclusive  con 
trol,  nor  can  the  General  Government  interfere 
with  them  without,  on  its  part,  also  violating 
the  Constitution.  In  order  to  have  a  full  and 
clear  conception  of  our  institutions,  it  will  be 
proper  to  remark  that  there  is  in  our  system  a 
striking  distinction  between  the  Government 
and  the  sovereign  power.  Whatever  may  be 


DOCUMENTS. 


101 


the  true  doctrine  in  regard  to  the  sovereignty 
of  the  States  individually,  it  is  unquestionably 
clear  that,  while  the  Government  of  the  Union 
is  vested  in  its  legislative,  executive,  and  judi 
cial  departments,  the  actual  sovereign  power 
resides  in  the  several  States,  who  created  it  in 
their  separate  and  distinct  political  character. 
But  by  an  express  provision  of  the  Constitu 
tion,  it  may  be  amended  or  changed  by  three- 
fourths  of  the  States ;  and  each  State,  by  as 
senting  to  the  Constitution  with  this  provision, 
has  surrendered  its  original  rights  as  a  sover 
eign,  which  made  its  individual  consent  neces 
sary  to  any  change  in  its  political  condition, 
and  has  placed  this  important  power  in  the 
hands  of  three-fourths  of  the  States,  in  which 
the  sovereignty  .of  the  Union,  under  the  Con 
stitution,  does  now  actually  reside." 

Sir,  if  that  be  true,  if  Mr.  Calhoun  be  au 
thority  with  these  gentlemen,  I  ask  you,  how 
it  is  they  can  defend  the  right  of  a  State  to  se 
cede,  when,  by  virtue  of  his  own  doctrines,  if 
three-fourths  of  the  States  of  this  Union  against 
the  unanimously  expressed  opinion  of  the  other 
one-fourth  should  adopt  a  constitutional  provi 
sion,  it  is  the  duty  of  that  one-fourth  to  abide 
by  it  and  to  recognize  it  ?  The  very  provision 
for  the  amendment  of  the  Constitution,  pro 
vided  in  the  instrument  itself,  at  a  glance  shows 
the  absurdity  of  the  doctrine  of  secession. 

But,  we  are  told,  although  these  States  have 
no  right  to  secede,  although  they  do  themselves 
that  which  is  not  lawful,  constitutional,  or  legal, 
yet  Virginia,  law-loving,  law-abiding  as  she 
has  been,  is  to  pledge  herself  to  aid  these  men 
who  disregard  the  law  and  who  act  in  violation 
of  law  in  making  war  upon  Virginia's  own 
Government,  and  Virginia  must  interpose  her 
potent  voice  and  say  to  that  Government : 
"  You  must  not  enforce  your  laws  in  this  or 
that  State,  but  you  must  enforce  them  in  the 
other  States."  In  other  words,  New  York 
must  pay  her  revenues;  collection  of  them 
must  be  enforced  in  New  York  and  Norfolk, 
but  they  must  not  be  enforced  in  the  State  of 
South  Carolina,  because  she  has  done  that 
which  she  has  not  the  right  to  do.  That  is  the 
logical  argument  of  the  gentlemen  who  deny 
the  right  of  secession. 

Now,  I  commend  to  those  who  have  spent  a 
lifetime  in  admiring  the  gallant  statesman  of 
Kentucky,  now  no  more — to  those  whose  lives 
have  been  expended  in  efforts  to  show  their 
appreciation,  not  alone  of  the  man,  but  of  the 
sentiments  of  his  life,  the  following  : 

"  ASHLAND,  May  17, 1851. 

"  MY  DEAR  SIB  :  I  received  your  favor  of  the 
15th.  There  is  no  significance  whatever  to  the 
article  which  you  refer  to  in  the  Reporter.  It 
was  put  there  without  my  authority  or  knowl 
edge,  and  I  regretted  it  when  I  saw  it. 

"  You  ask  what  is  to  be  done  if  South  Caro 
lina  seoedes?  I  answer  unhesitatingly,  that 
the  Constitution  and  laws  of  the  United  States 
must  continue  to  be  enforced  there,  with  all 
the  power  of  the  United  States,  if  necessary. 


Secession  is  treason ;  and  if  it  were  not — if  it 
were  a  legitimate  and  rightful  exercise  of  pow 
er,  it  would  be  a  virtual  dissolution  of  the  Union. 
For  if  one  State  can  secede,  every  State  may 
secede,  and  how  long  in  such  a  state  of  things 
could  we  be  kept  together?  Suppose  Ken 
tucky  were  to  secede,  could  the  rest  of  the 
Union  tolerate  a  foreign  power  within  their 
very  bosom  ?  There  are  those  who  think  the 
Union  must  be  preserved  and  kept  together  by 
an  exclusive  reliance  upon  love  and  reason. 
This  is  not  ray  opinion.  I  have  some  confi 
dence  in  this  instrumentality ;  but,  depend 
upon  it,  that  no  human  government  can  exist 
without  the  power  of  applying  force,  and  the 
actual  application  of  it  in  extreme  cases.  My 
belief  is,  that  if  it  should  be  applied  to  South 
Carolina,  in  the  event  of  her  secession,  she 
would  be  speedily  reduced  to  obedience,  and 
that  the  Union,  instead  of  being  weakened, 
would  acquire  additional  strength. 

"  Writing,  as  you  perceive,  by  an  amanuensis, 
I  must  be  brief,  and  conclude  with  assurances 
of  my  constant  regard." 

Upon  this  point,  Mr.  Clay  was  very  explicit 
in  his  speech  in  the  Senate,  on  the  day  after 
the  defeat  of  the  Omnibus  Compromise  bill, 
July,  1850. 

Mr.  Clay  said  : 

u  Now,  Mr.  President,  I  stand  here  in  my  place, 
meaning  to  be  unawed  by  any  threats,  whether 
they  come  from  individuals  or  from  States.  I 
should  deplore,  as  much  as  any  man,  living  or 
dead,  that  armies  should  be  raised  against  the 
authority  of  the  Union,  either  by  individuals  or 
States.  But,  after  all  that  has  occurred,  if  any 
one  State,  or  a  portion  of  the  people  of  any 
State,  choose  to  place  themselves  in  military  ar 
ray  against  the  Government  of  the  Union,  I  am 
for  trying  the  strength  of  the  Government.  [Ap 
plause  in  the  galleries.]  I  am  for  ascertaining 
whether  we  have  a  Government  or  not,  prac 
tical,  efficient,  capable  of  maintaining  its  au 
thority  and  upholding  the  powers  and  interests 
which  belong  to  the  Government.  Nor,  sir, 
am  I  to  be  allayed  or  dissuaded  from  any  such 
course  by  intimations  of  the  spilling  of  blood. 
If  blood  must  be  spilt,  by  whose  fault  will  it 
be  ?  Upon  the  supposition  I  maintain,  it  will 
be  the  fault  of  those  who  raise  the  standard  of 
disunion,  and  endeavor  to  prostrate  this  Gov 
ernment  ;  and,  sir,  when  this  is  done,  so  long 
as  it  pleases  God  to  give  me  a  voice  to  express 
my  sentiment,  and  an  arm— weak  and  enfeebled 
as  it  may  be  by  age — that  voice  and  that  arm 
will  be  on  the  side  of  my  country,  for  the  sup 
port  of  the  general  authority,  and  for  the  main 
tenance  of  the  powers  of  this  Union."  [Ap 
plause  in  the  galleries.] 

There  is  where  Henry  Clay  stood.  But,  Mr. 
President,  I  have  been  driven  from  the  point 
that  I  was  about  to  make,  into  a  notice  of  this 
Yankee  notion  of  secession,  and  I  now  return 
to  it.  I  gave  you  the  true  reason  why  South 
Carolina  desired  a  separation  from  the  Federal 
Government  and  the  Federal  Union.  She  tells 


102 


REBELLION   RECORD,    1860-61. 


you  that  she  believes  in  this  doctrine  of  the 
irrepressible  conflict.  Now  that  Seward  has 
abandoned  it  and  the  Black  Republican  party  is 
afraid  to  maintain  it,  the  South  takes  it,  and 
we  heard  the  Commissioner  from  the  State  of 
South  Carolina  proclaim  it  here  in  our  midst 
the  other  day. 

Mr.  Spratt,  sent  from  South  Carolina  as 
Commissioner  to  the  State  Convention  of 
Florida,  while  the  question  of  secession  was 
pending  before  that  body,  and  again  in  a  letter 
which  he  addressed  to  a  delegate  from  Louis 
iana  to  the  Montgomery  Congress,  uses  the  fol 
lowing  language : 

u  The  South  is  now  in  the  formation  of  a  slave 
republic.  This,  perhaps,  is  not  admitted  gen 
erally.  There  are  many  contented  to  beliere 
that  the  South,  as  a  geographical  section,  is  in 
mere  assertion  of  its  independence ;  that  it  is 
instinct  with  no  especial  truth — -pregnant  of  no 
distinct  social  nature  ;  that  for  some  unaccount 
able  reason  the  two  sections  have  become  op 
posed  to  each  other ;  that  for  reasons  equally 
insufficient,  there  is  a  disagreement  between 
the  peoples  that  direct  them ;  and  that  from 
no  overruling  necessity,  no  impossibility  of  co 
existence,  but  as  a  mere  matter  of  policy,  it 
has  been  considered  best  for  the  South  to  strike 
out  for  herself  and  establish  an  independence  of 
her  own.  This,  I  fear,  is  an  inadequate  con 
ception  of  the  controversy. 

u  The  contest  is  not  between  the  North  and 
South  as  geographical  sections,  for  between  such 
sections  merely  there  can  be  no  contest ;  nor  be 
tween  the  people  of  the  North  and  the  people 
of  the  South,  for  our  relations  have  been  pleas 
ant  ;  and  on  neutral  grounds  there  is  still  noth 
ing  to  estrange  us.  "We  eat  together,  trade  to 
gether,  and  practise  yet,  in  intercourse,  with 
great  respect,  the  courtesies  of  common  life. 
But  the  real  contest  is  between  the  two  forms 
of  society  which  have  become  established,  the 
one  at  the  North  and  the  other  at  the  South. 
Society  is  essentially  different  from  Govern 
ment — as  different  as  is  the  nut  from  the  bur, 
or  the  nervous  body  of  the  shell-fish  from  the 
bony  structure  which  surrounds  it ;  and  within 
this  Government  two  societies  had  become  de 
veloped  as  variant  in  structure  and  distinct  in 
form  as  any  two  beings  in  animated  nature. 
The  one  is  a  society  composed  of  one  race,  the 
other  of  two  races.  The  one  is  bound  together 
but  by  the  two  great  social  relations  of  hus 
band  and  wife,  and  parent  and  child;  the  other 
by  the  three  relations  of  husband  and  wife, 
and  parent  and  child,  and  master  and  slave. 
The  one  embodies  in  its  political  structure  the 
principle  that  equality  is  the  right  of  man  ;  the 
other  that  it  is  the  right  of  equals  only.  The 
one  embodying  the  principle  that  equality  is 
the  right  of  man,  expands  upon  the  horizontal 
plane  of  pure  Democracy  ;  the  other,  embodying 
the  principle  that  it  is  not  the  right  of  man, 
but  of  equals  only,  has  taken  to  itself  the 
rounded  form  of  a  social  aristocracy.  In  the 
one  there  is  hireling  labor,  in  the  other  slave 


]  labor ;  in  the  one,  therefore,  in  theory  at  least, 

!  labor  is  voluntary  ;  in  the  other  involuntary ; 

!  in  the  labor  of  the  one  there  is  the  elective 

;  franchise,  in  the  other  there  is  not ;  and,  as 

labor  is  always  in  excess  of  direction,  in  the 

one,  power  of  Government  is   only   with  the 

lower  classes ;  in  the  other  the  upper.     In  the 

one,  therefore,  the  reins  of  Government  come 

from  the  heels,  in  the  other  from  the  head  of 

|  the  society ;    in  the  one  it  is  guided  by  the 

|  worst,  in  the  other  by  the  best  intelligence ;  in 

i  the  one  it  is  from  those  who  have  the  least,  in 

the  other  from  those  who  have  the  greatest 

stake  in  the  continuance  of  existing  order.     In 

the  one  the  pauper  laborer  has  the  power  to 

[  raise  and  appropriate  by  law  the  goods  pro- 

i  tected  by  the  State — when  pressure  comes,  as 

come  it  must,  here  will  be  the  motive  to  exert 

it — and  thus  the  ship  of  State  turns  bottom 

upward.     In  the  other  there  is  no  pauper  labor 

;  with  power  of  rising ;  the  ship  of  State  has  the 

!  ballast  of  a  defranchised  class  ;  there  is  no  pos- 

!  sibility  of  political  upheaval,  therefore,  and  it 

is  reasonably  certain  that  so  steadied,  it  will 

i  sail  erect  and  onward  to  an  indefinitely  distant 

j  period." 

Mr.  Commissioner  Preston,  in  his  speech  be- 

•  fore  this  body,  winds  up  a  rhapsody  of  the 
:  same  character,  as  follows  :  "  None  but  a  sub- 
!  ject  race  will  labor  at  the  South." 

There  it  is  in  a  nutshell.     That  is  it — that  is 

;  the  feast  to  which  the  people  of  Virginia  are 

invited  ;  that  is  the  Government  to  be  provided 

for  the  people  I   have  the  honor  to  represent 

:  here ;  for  my  children,  for  your  children,  and 

i  the  children  of  the  people  of  this  good  old 

•  State.      South   Carolina  initiated   this    move- 
;  ment ;  South  Carolina  will  control  this  move- 
I  ment ;    South  Carolina  will  give  direction  to 

this  new  cotton  Government,  if  ever  a  perma- 
!  nent  one  is  formed,  which,  I  trust  in  God,  nev- 
I  er  will  be,  and  humbly  believe,  never  can  be. 
But,  if  it  ever  should,  it  must  of  necessity — if 
these  Commissioners  from  Georgia  and  South 
Carolina  who  addressed  us,  understood  what 
they  were  talking  to  us  about — partake  strong 
ly  of  a  military  character,  and  strongly  of  the 
cbaracter  of  the  present  Government  of  South 
Carolina,  where  no  man  within  her  limits  is 
eligible  to  a  seat  in  the  Lower  House  of  her 
Legislature,  unless  he  is  the  owner  of  ten  ne 
groes  and  five  hundred  acres  of  land. 
!  I  have  been  a  slaveholder  from  the  time  I 
have  been  able  to  buy  a  slave.  I  have  been  a 
slaveholder,  not  by  inheritance,  but  by  pur 
chase  ;  and  I  believe  that  slavery  is  a  social, 
political,  and  religious  blessing,  and  I  so  be 
lieved  when,  so  far  as  I  know,  no  other  man 
south  of  Mason  and  Dixon's  line  believed,  to 
which  fact  there  is  a  living  witness  at  this  day. 
When  a  boy,  but  seventeen  years  of  age,  in  the 
city  of  Philadelphia,  I  took  the  ground  that 
slavery  was  right  in  itself.  At  that  day  no 
man  South  took  that  ground  in  defence  of  the 
institution.  The  agitation  of  this  question  has, 
in  the  words  of  Mr.  Hunter,  in  the  speech 


DOCUMENTS. 


103 


which  he  delivered  before  the  Breckinridge 
Convention  at  Charlottesville  last  fall,  been 
productive  of  good.  It  has  brought  every 
man  south  of  Mason  and  Dixon's  line  upon  one 
common  platform,  and  no  man  to-day  denies 
the  assertion  I  have  made,  that  African  slavery 
is  right  in  itself.  Believing  that  the  institu 
tion  of  slavery  is  essential  to  the  preservation 
of  our  liberties,  I  desire  above  all  things  to 
continue  it. 

How  long,  if  you  were  to  dissolve  this  Union 
— if  you  were  to  separate  the  slaveholding  from 
the  non-slaveholding  States — would  African 
slavery  have  a  foothold  in  this  portion  of  the 
land?  I  venture  the  assertion  that  it  would 
not  exist  in  Virginia  five  years  after  the  sepa 
ration,  and  nowhere  in  the  Southern  States, 
twenty  years  after.  How  could  it  maintain 
itself,  with  the  whole  civilized  world,  backed 
by  what  they  call  their  international  law,  ar 
rayed  for  its  ultimate  extinction  ? — with  this 
North,  that  is  now  bound  to  stand  by  us,  and 
to  protect  slavery,  opposed  to  us,  and  united 
with  England,  France,  and  Spain,  so  to  control 
the  destiny  of  the  slaveholding  Kepublic  as  to 
work  out  the  ultimate  extinction  of  the  institu 
tion  ?  Think  you  that  ever  another  square  mile 
of  territory  can  be  acquired  by  a  purely  slave- 
holding  Republic?  You  would  have  not  only 
the  North  to  prevent  you,  but  England,  France, 
and  Spain.  I  have  looked  forward  to  the  day 
when  Cuba,  that  gem  of  the  ocean,  would  fall 
into  our  lap.  I  have  never  advocated  any 
harsh  or  violent  measure  to  procure  it,  but  if 
we  remain  together,  that  island  is  destined  to 
be  ours.  The  commercial  interests  of  the  non- 
slaveholding  States  make  them  as  anxious — 
more  anxious— to  procure  it  than  we  are  ;  and 
nothing  can  prevent  its  addition  to  our  Union 
but  our  own  separation  and  dissolution. 

Look  at  Virginia  to-day,  standing  in  the 
centre  of  this  Confederacy,  by  far  the  most 
powerful  nation  upon  the  face  of  the  globe, 
with  the  most  prosperous  and  the  most  happy 
Government  on  earth — a  Government  that  has 
gone  on  in  a  career  of  greatness,  of  glory,  of 
power,  and  of  prosperity,  in  a  manner  that  is 
almost  too  much  for  the  human  mind  to  real 
ize.  This  Government  that  has  conferred  upon 
us  blessings  innumerable,  and  nothing  but  bless 
ings,  is  to  be  destroyed,  dissolved,  not  because 
of  any  act  of  its  own ;  not  that  it  is  resisted ; 
not  because  of  any  intolerable  oppression,  for 
it  has  never  oppressed  us ;  but  because  a  por 
tion  of  its  citizens,  residing  in  a  particular  sec 
tion  of  the  Union,  have  so  far  forgotten  their 
duty  to  their  brethren  of  the  same  family,  as  to 
entertain  hostile  opinions  of  an  institution  be 
longing  to  the  other  section. 

Mr.  President,  is  there  not  reason  why  we 
should  wait  to  see  if  that  hostile  sentiment  has 
not  already  culminated,  and  is  not  to-day  upon 
the  wane  ? 

Mr.  Hunter,  in  the  same  speech  to  which  I 
referred  as  delivered  before  the  Breckinridge 
Convention  at  Charlottesville,  stated  that  when 


he  first  entered  Congress,  which  was  in  1837, 
there  was  no  statesman  of  any  respectability 
that  did  not  admit  the  power  of  Congress  to 
enact  the  Wilmot  Proviso — in  other  words,  to 
exclude  slavery  from  the  Territories  of  the 
Union.  He  referred  to  that  as  a  significant 
fact  in  the  history  of  the  slavery  agitation,  to 
show  the  progress  which  this  institution  had 
made  in  public  estimation.  At  this  day,  the 
power  is  denied  by  all  the  South  and  much  of 
the  North,  and  we  find  that  in  the  midst  of 
non-slaveholding  communities  men  are  found 
to  get  up  and  justify  the  institution  of  slavery, 
as  by  right  an  institution  consistent  with  the 
Providence  of  God.  They  would  not  have 
been  allowed  to  have  made  a  similar  speech  in 
the  State  of  Virginia  twenty-five  years  ago. 
Has  not,  then,  the  current  of  public  opinion 
been  running  rapidly  in  our  favor  upon  the 
subject  of  this  institution?  And,  if  we  had 
maintained  our  plighted  faith,  made  eight 
years  ago,  we  would  have  had  no  disturbance, 
no  agitation  this  day  upon  the  subject. 

It  is  common,  I  know,  for  gentlemen  who  are 
giving  aid  and  comfort  to  the  promoters  of  dis 
union,  to  speak  in  rounded  terms  of  the  growing 
hostility  to  slavery  which  is  manifesting  itself 
in  the  non-slaveholding  portion  of  this  Union. 
Gentlemen  are  mistaken  when  they  say  that  it 
has  steadily,  without  check,  increased. 

In  1848,  Martin  Van  Buren,  as  the  candidate 
of  the  Freesoil  party,  received  three  hundred 
thousand  votes.  In  1852,  John  P.  Hale,  the 
candidate  of  the  same  party,  received  but  one 
hundred  and  forty-seven  thousand  votes,  a  fall 
ing  off  of  more  than  one-half.  Now,  what  oc 
curred  between  1848  and  1852  to  bring  about 
such  a  result  ?  What  occasioned  this  change  ? 
It  was  that  the  compromise  of  1850  had  been 
adopted,  and  both  the  great  political  parties  of 
the  country  pledged  themselves  to  regard  these 
measures  as  a  final  settlement  of  this  question 
of  slavery,  and  an  end  of  the  agitation.  Fur 
thermore,  they  pledged  themselves  to  resist  all 
attempts  at  its  renewal,  whether  in  Congress 
or  out  of  it. 

But  we  find,  in  four  years  after,  this  vote  of 
one  hundred  and  forty-seven  thousand  was 
swelled  to  one  million  three  hundred  thou 
sand.  Gentlemen  are  as  familiar  with  the 
causes  that  produced  that  result  as  I  am. 
There  has  not  been,  then,  a  steady  increase  of 
hostile  sentiment  to  slavery  at  the  North,  but 
there  was  a  decrease  of  it  between  the  years 
1848  and  1852,  and  the  impetus  that  was  given 
to  it  after  1852,  increased  it  to  its  present  pro 
portions. 

I  have  sometimes  thought,  Mr.  President, 
that  He  who  rules,  and  governs,  and  punishes 
nations  for  their  national  sins,  was  now  afflict 
ing  us  for  a  violation  of  our  plighted  faith  to 
the  savage  Indians  solemnly  made  by  treaty. 
I  believe  this  trial,  that  we  are  now  going 
through,  is  a  punishment  for  that  violation  of 
our  plighted  faith — a  violation  of  a  solemn 
treaty  made  by  a  Christian  nation  with  a  sav- 


104 


REBELLION  RECORD,    1860-61. 


age  race.  But  I  believe  as  firmly,  that  we 
shall  be  carried  through  it  safely. 

Mr.  President,  we  have  heard  a  great  deal 
paid  about  coercion,  and  the  resolutions  under 
consideration  refer  to  that  subject. 

"Will  gentlemen  define  what  kind  of  coercion 
it  is  they  desire  the  people  of  Virginia  to  pledge 
themselves  to  resist?  It  is  a  most  remarkable 
fact,  that  during  the  progress  of  this  disunion 
movement,  generalities  and  generalities  alone 
are  indulged  in,  accompanied  with  sensation 
telegrams.  In  the  language  of  the  lawyers,  I 
call  upon  you  to  file  your  bill  of  particulars. 

I  might  detain  you  here  for  an  hour,  by 
reading  telegraphic  despatches  from  this  city 
to  Tennessee,  in  order  to  induce  the  people  of 
that  State  to  call  a  Convention — k*  only  twenty 
submissionists  elected  in  Virginia  " — u  Virginia 
will  be  out  before  the  4th  of  March." 

That  is  the  character  of  these  despatches, 
which  were  intended  to  affect  the  election  in 
Tennessee — as  the  address  of  our  ten  Congress 
men  was  intended  to  influence  the  election  in 
this  State.  Two  Senators  and  eight  Representa- 
tives  circulated,  broadcast,  a  few  days  before 
the  election,  an  address  informing  the  people 
of  what  I  believe  every  man,  woman,  and  child 
in  the  State  knew  before,  that  they  were  ut 
terly  incompetent  to  effect  any  adjustment  of 
the  pending  difficulties.  And  in  like  character 
we  were  told  here,  yesterday,  that  the  Black 
Republicans  in  Congress  had  rejected  the  meas 
ure  of  adjustment  recommended  by  the  Peace 
Conference?  Is  that  so,  sir?  I  do  not  read 
the  reports  of  the  proceedings  in  Congress  in 
that  way,  nor  do  I  read  the  report  of  the  vote 
In  Congress  upon  the  Crittenden  resolutions, 
which  Senators  and  Representatives  told  us  be 
fore  the  election  were  lost,  because  of  Black 
Republican  opposition.  On  the  contrary,  I 
read  that  that  gallant  old  statesman,  John  J. 
Crittenden,  sent  a  despatch  to  Raleigh,  North 
Carolina — a  nobler  specimen  of  a  man,  and  a 
purer  patriot  than  John  J.  Crittenden,  never 
trod  God's  free  earth — saying  that  in  conse 
quence  of  the  failure  of  six  Southern  Senators, 
who  sat  in  their  seats,  and  did  not  vote — two 
of  the  six,  I  have  been  informed,  were  Messrs. 
Mason  and  Hunter — they  were  defeated.  I 
have  read  that  the  Peace  Conference  proposi 
tions  were  not  allowed  to  be  put  to  the  coun 
try,  because  of  the  fact  that  Mr.  Hunter  and 
Mr.  Mason  would  not  favor  them.  They  did 
not  wait  for  the  Hales,  Sumners,  and  Wilsons 
to  oppose  them.  The  distinguished  Senator 
from  Kentucky  presented  them  instead  of  his 
own,  but  Mr.  Hunter  rose  from  his  seat  and 
gave  them  their  death-blow.  Is  it  the  lead  of 
these  gentlemen  that  we  are  to  follow  in  Vir 
ginia,  if  we  desire  to  preserve  the  Union  ? 
They  have  a  most  singular  way  of  preserving 
the  Union.  Is  not  every  step  that  has  been 
taken  in  this  disunion  movement  marked  by  a 
contempt,  an  utter  contempt,  on  the  part  of  the 
leaders,  for  the  people  of  this  country?  Eu 


ripides  informs  us  that  Creon,  King  of  Thebes, 
sent  a  herald  to  Athens,  who  inquired  for  the 
King  of  Athens.  Theseus  replied,  "  You  seek 
him  in  vain  ;  this  is  a  free  city,  and  the  sover 
eign  power  is  in  all  the  people." 

And,  sir,  in  this  country  the  sovereign  power 
is  in  the  people.  It  has  for  the  time  been 
usurped,  but  just  as  sure  as  the  sun  shines  in 
a  clear  and  cloudless  sky,  that  people  will  re 
buke  those  who  have  endeavored  to  bring  on 
this  distracted  condition  of  things,  and  to  de 
stroy  the  fairest  Constitution  and  the  freest 
Government  ever  erected  by  man,  upon  the 
footstool  of  God. 

"What  say  these  gentlemen  ?  This  is  an  as 
sociation  of  States,  State  sovereignties.  I  don't 
read  history  that  way,  and  I  commend  to  these 
gentlemen  the  perusal  of  the  thirty-ninth  num 
ber  of  The  Federalist,  written  by  Mr.  Madison. 
Madison"  tells  us  that  this  is  not  a  federal  nor 
a  national  government.  It  is  of  a  mixed  char 
acter — it  partakes  of  the  nature  of  both.  That 
he  is  right  in  this  it  is  only  necessary  to  re 
fer  to  the  action  of  the  Convention  that  framed 
the  Constitution  of  the  United  States,  upon  a 
proposition  submitted  by  Luther  Martin,  of 
Maryland;  and  I  would  invite  the  attention 
of  the  Convention  to  the  extract  I  shall  read 
from  his  letter  to  the  Maryland  Legislature  : 

"  By  the  principles  of  the  American  Revolu 
tion,  arbitrary  power  may,  and  ought  to  be 
resisted,  even  by  arms,  if  necessary.  The  time 
may  come  when  it  shall  be  the  duty  of  a  State, 
in  order  to  preserve  itself  from  the  oppression 
of  the  General  Government,  to  have  recourse 
to  the  sword  ;  in  which  case,  the  proposed  form 
of  government  declares  that  the  State  and  every 
one  of  its  citizens  who  act  under  its  authority, 
are  guilty  of  a  direct  act  of  treason  ;  reducing, 
by  this  provision,  the  different  States  to  this 
alternative — that  they  must  tamely  and  pas 
sively  yield  to  despotism,  or  their  citizens  must 
oppose  it  at  the  hazard  of  the  halter,  if  unsuc 
cessful  ;  and  reducing  the  citizens  of  the  State 
which  shall  take  arms,  to  a  situation  in  which 
they  must  be  exposed  to  punishment,  let  them 
act  as  they  will — since,  if  they  obey  the  au 
thority  of  their  State  Government,  the y  will  be 
guilty  of  treason  against  the  United  States; 
if  they  join  the  General  Government,  they  will 
be  guilty  of  treason  against  their  own  State. 

"  To  save  the  citizens  of  the  respective  States 
from  this  disagreeable  dilemma,  and  to  secure 
them  from  being  punishable  as  traitors  to  the 
United  States,  when  acting  expressly  in  obe 
dience  to  the  authority  of  their  own  State,  I 
wished  to  have  obtained,  as  an  amendment  to 
the  third  section  of  this  article,  the  following 
clause : — Provided,  that  no  act  or  acts,  done  by 
one  or  more  of  the  States  against  the  United 
States,  under  the  authority  of  one  or  more  of 
the  said  States,  shall  be  deemed  treason  or  pun 
ished  as  such  ;  but  in  case  of  war  being  levied 
by  one  or  more  of  the  States  against  the  United 
States,  the  conduct  of  each  party  toward  the 


DOCUMENTS. 


105 


other,  and  their  adherents  respectively,  shall  be 
regulated  by  the  laws  of  war  and  of  nations. 
But  this  provision  was  not  adopted." 

Sir,  it  is  amazing  that,  with  so  many  sources 
from  which  we  can  derive  correct  information 
as  to  the  nature  and  character  of  our  Federal 
Government  and  the  relation  that  the  States 
bear  to  it,  and  to  each  other — I  say  it  is  amaz 
ing  that,  at  this  day,  gentlemen  will  get  up  and 
contend  that  our  General  Government  is  a  mere 
Confederation  of  States,  in  the  face  of  the  fact 
that  Henry  and  Mason,  in  the  Convention  of 
our  State,  opposed  the  ratification  of  the  Fed 
eral  Constitution,  because  it  created  a  Govern 
ment  that  rested  not  for  its  preservation  upon 
State  authority,  but  came,  as  did  the  State 
Governments,  from  the  people  of  each  State, 
who  delegated  to  it  a  portion  of  their  sovereign 
power  to  be  exercised  in  common  with  the 
other  States  for  the  mutual  benefit  and  com 
mon  good  of  all. 

I  know  that  gentlemen,  when  they  speak  of 
coercion,  cannot  mean  that  there  is  a  power  to 
coerce  a  sovereign  State,  as  such.  There  is  no 
such  po\ver.  No  man  in  the  land  contends  for 
such  a  power ;  and  if  no  one  contends  for  it, 
why  level  your  anathemas  against  it  ?  Why 
build  up  cob-houses  that  you  may  have  the 
pleasure  of  knocking  them  down  ?  Coercing 
a  State,  if  it  means  any  thing,  means  making 
war  upon  it;  war  against  a  State  affects  the 
innocent  as  well  as  the  guilty.  The  Federal 
Government  is  created  by  the  same  power  that 
created  the  State  Governments.  It  preserves 
itself  by  the  same  means  that  the  State  Gov 
ernments  preserve  themselves — that  is,  by  pun 
ishing  the  guilty  and  protecting  the  innocent. 
Why  are  governments  necessary?  If  every 
body  would  act  as  Christians  should  do,  each 
rendering  to  the  other  what  is  his  due,  there 
would  be  no  need  for  Government.  The  very 
fact  that  we  have  a  Government,  and  that  it  is 
necessary  for  the  protection  of  society  and  in 
dividuals,  arises  from  the  fact  that  all  will  not 
do  right,  and  that  power  must  reside  some 
where  to  punish  the  disobedient  and  enforce 
the  laws. 

The  Government,  therefore,  acts  upon  indi 
viduals,  punishes  the  guilty,  protects  the  inno 
cent  ;  and  without  this  power  you  can  have  no 
Government.  And  it  must  be  sustained,  too, 
in  the  exercise  of  that  power,  whenever  it  be 
comes  necessary  to  be  exercised,  for  the  preser 
vation  and  perpetuation  of  the  Government. 

But,  sir,  is  there  any  thing  in  this  inaugural 
address  to  justify  for  a  moment  the  assertions 
that  have  been  made  upon  this  floor,  that  it 
breathes  a  spirit  of  war  ?  Read  it  again,  gen 
tlemen.  More  pacific,  more  peaceful  language 
could  not  have  been  employed  by  Mr.  Lincoln, 
unless  he  had  been  willing  to  stand  up  before 
that  assembled  multitude  in  Washington  and 
proclaim  to  them  that,  "although  in  a  few 
moments  I  shall  swear  to  discharge  the  duties 
of  the  office  of  President  of  the  United  States, 
and  to  preserve,  protect,  and  defend  the  Con 


stitution  of  the  United  States,  I  don't  mean  to 
do  it — I  mean  to  perjure  myself."  Sir,  unless 
he  had  done  this,  he  could  not  have  done  less 
than  he  has  done.  He  has  told  you,  in  effect, 
and  told  you  in  pleading,  begging  terms,  that 
no  war  will  be  made  upon  you,  that  no  force 
will  be  used  against  you — none  whatever.  But 
you  were  dissatisfied,  and  he  appeals  to  you 
and  says :  "  Dissatisfied  though  you  be,  wait, 
wait  and  pursue  the  remedy  pointed  out  under 
the  Constitution,  to  provide  for  you  every 
guarantee,  every  protection  that  you  may  de 
sire ;  I  shall  do  nothing  to  injure  you;  it  is 
made  my  duty  to  say,  as  Mr.  Buchanan,  as 
General  Jackson,  and  every  President  before 
me  has  said,  and  as  every  future  President 
must  say,  that  I  will  preserve  my  oath."  But 
after  that  he  tells  you,  that  if  States  are  so  hos 
tile  to  him  that  no  one  residing  in  them  will 
accept  the  offices  which  are  to  be  filled  by  the 
Federal  Government,  he  will  not  attempt  to  fill 
them  by  persons  from  other  States  who  may 
be  obnoxious  to  them. 

But  these  gentlemen  say :  "  He  says  he  in 
tends  to  preserve  and  protect  the  'forts  and 
other  public  property  of  the  United  States." 
Well,  sir,  is  he  not  right  in  doing  so  ?  Is  it  not 
his  duty  to  do  so  ?  Would  you  have  him  to  do 
less  ?  Did  you  not  sustain  Mr.  Buchanan  in 
doing  so  to  the  extent  that  he  did  do  so  ?  Is  it 
right  that  those  gentlemen  in  Louisiana  shall 
rob  the  mint  of  your  money  and  of  my  money  ? 
that  they  shall  rob  you  of  your  arms  and  mu 
nitions  of  war,  and  of  your  forts,  and  arsenals, 
and  dock  yards  ?  Is  it  your  duty  as  good  citi 
zens  to  stand  by  and  thus  connive  at  this  act 
of  bad  faith,  and  to  speak  well  of  it,  and  to 
give  it  aid  and  support,  and  to  say  to  the  Fed- 
ral  Government,  u  If  you  do  not  give  up  these 
forts,  and  arsenals,  and  dock  yards  peaceabl}1", 
willingly,  why  we  will  take  them  forcibly,  we 
will  make  war  upon  you "  ?  Sir,  I  and  the 
people  I  represent,  do  not  read  our  duties  in 
that  way.  Mr.  Lincoln  in  his  inaugural  ad 
dress  virtually  tells  you  that  he  is  not  going  to 
make  any  effort  to  retake  forts  which  were 
taken  before  he  came  into  power ;  it  would  be 
impolitic  for  him  to  do  so.  On  the  contrary,  he 
negatives  such  an  inference  as  much  as  he  can 
do  so,  by  saying  that  he  will  endeavor  to  pre 
serve,  retain,  and  hold  the  public  property  so 
that  he  may  hand  it  over  to  his  successor  as  it 
was  handed  to  him  by  Mr.  Buchanan ;  and  that 
is  all  he  does  say. 

Now,  sir,  looking  alone  to  my  own  ideas  of 
what  would  be  expedient  in  the  present  condi 
tion  of  the  country,  I  would  say,  not  only  let 
them  go  with  what  they  have  taken,  but  let 
them  have  what  is  still  left  to  take,  if  they  de 
sire  it ;  for  I  am  satisfied,  as  much  as  I  can  be 
of  any  fact  that  has  to  occur  in  the  future,  that 
one  year  will  not  roll  round  until  the  people  of 
each  and  all  of  those  States  which  have,  in  the 
estimation  of  some,  withdrawn  themselves  from 
the  Union,  will  rise  in  their  majesty,  assert 
their  power,  hurl  those  men  from  the  places 


106 


REBELLION  RECORD,  1860-61. 


which  they  have  obtained  through  their  confi 
dence,  and  raise  again,  high  above  the  rattle 
snake  and  the  palmetto,  the  stars  and  stripes 
of  our  beloved  land.  Believing  this,  I  would 
let  them  alone.  I  would  let  them,  to  use  the 
language  of  politicians,  "  stand  out  in  the  cold 
a  while,"  and,  I  warrant  you,  they  will  come 
shivering  back,  glad  to  get  to  a  Union  fire. 

Mr.  President,  if  I  had  strength,  and  if  it 
would  not  be  an  abuse  of  the  patience  of  this 
Convention,  who  so  kindly  indulged  me  yester 
day  with  an  opportunity  to  speak  to-day,  and 
to  whom  I  am  greatly  indebted  for  the  atten 
tion  with  which  they  have  heard  me,  I  would 
like  to  call  their  attention,  and  the  attention 
of  the  country,  to  the  condition  in  which  we 
would  be  placed,  particularly  here  in  "Virginia, 
in  the  event  of  a  dissolution  of  the  Union. 

Look  at  Virginia,  her  central  position  in  the 
Confederacy,  possessing  within  her  broad  lim 
its  the  mineral  wealth  found  anywhere  and 
everywhere  in  the  United  States ;  the  products 
of  the  Union  are  hers,  with  the  exception  of 
sugar  and  rice ;  wielding  a  power  and  an  influ 
ence  in  this  Government  by  virtue  of  her  very 
position,  her  central  position,  that  she  could 
never  wield  if  the  Confederacy  were  dissolved. 
Look,  when  she  recommended  a  Peace  Confer 
ence  ;  her  recommendation  is  responded  to  by 
twenty-one  States,  as  quick  as  the  lightning 
can  bear  to  them  the  resolutions  requesting  it. 
"What  other  State  could  have  accomplished  so 
much  in  so  short  a  time  ?  "Why  is  it  that  Vir 
ginia  possesses  this  influence.?  Because  of  her 
position  ;  because  of  her  sacrifices  macle  for  the 
Union  ;  because  of  her  well-known  devotion  to 
the  Union ;  because  she  was  the  principal  ar 
chitect  in  its  construction ;  because  she  has 
ever  been  governed  by  the  impulse  of  a  patri 
otic  heart ;  because  her  material  interests  are 
such  as  make  her  interests  equal  between  the 
sections. 

But  dissolve  the  Union,  and  hitch  her  on  to 
the  tail  of  a  Southern  Confederacy,  to  stand 
guard  and  play  patrol  for  King  Cotton,  and 
where  would  she  be  ?  What  son  of  Virginia 
can  contemplate  this  picture  without  horror? 

"  Oh,  but,"  our  friends  say,  "  if  you  don't 
unite  in  a  cotton  Government,  they  will  not 
buy  our  negroes."  I  say  they  cannot  get  them 
anywhere  else.  I  have  no  fear  of  their  ever 
reopening  the  African  slave  trade.  No,  sir,  no 
slaveholding  republic  will  ever  be  permitted  to 
do  it.  England  will  not  allow  it,  France  will 
not  allow  it,  Spain  will  not  allow  it,  nor  would 
a  Northern  Confederacy  allow  it.  Even  now, 
great  and  powerful  as  we  are,  with  a  large  por 
tion  of  our  territory  dedicated — as  the  Black 
Republicans  call  it — to  freedom  ;  even  now, 
great  as  we  are,  dictating,  upon  almost  every 
other  subject,  our  treaties  with  other  nations 
upon  our  own  terms,  we  are  compelled  to  keep 
up  a  force,  at  an  expenditure  of  millions  of  dol 
lars,  to  prevent  this  African  slave  trade.  They 
are  bound  to  buy  our  negroes.  They  could 
never  coerce  me  into  any  act  which  my  judg 


ment  disapproved  of,  by  threatening  that  then 
would  not  buy  my  negroes. 

Sir,  is  not  language  like  this,  employed  by 
these  secessionists  with  the  design  of  influenc 
ing  the  minds  of  the  people  of  Virginia,  an  in 
sult  to  the  honor,  and  the  intelligence,  and  the 
patriotism  of  our  people  ?  "  But,  oh,  our  honor 
is  at  stake,  our  rights  are  denied,"  we  are  told 
by  some.  Pray,  gentlemen,  wherein  has  your 
hono"r  suffered,  or  is  likely  to  suffer  ?  Tell  me, 
if  you  please,  wherein  any  thing  infringing  upon 
Virginia's  honor  has  been  attempted,  much  less 
executed.  What  right  has  ever  been  denied  ? 
Haven't  you  equal  rights  in  the  Territories? 
Has  not  this  very  Government,  that  you  are 
going  to  overthrow,  declared  that  you  have? 
Haven't  you  equal  rights,  as  States,  in  the  Fed 
eral  Government  ?  Has  not  the  little  State  of 
Florida,  with  its  forty-seven  thousand  white 
inhabitants,  and  its  twenty-three  millions  of 
property,  an  equal  voice  in  this  Government 
with  the  great  State  of  New  York,  with  its 
three  millions  of  white  inhabitants,  and  its 
thousand  millions  of  property?  Has  not  the 
State  of  South  Carolina,  with  a  white  popula 
tion  not  half  as  large  as  the  single  city  of  Phil 
adelphia,  an  equal  voice  in  the  control  of  this 
Government,  with  the  whole  great  State  of 
Pennsylvania,  with  her  two  million  five  hun 
dred  thousand  inhabitants?  Then  what  has 
been  denied  you  ?  Put  your  finger  upon  the 
right  that  has  been  taken  away  from  you. 
What  right  has  been  denied  in  this  Govern 
ment  ?  Wherein  does  this  inequality  consist  ? 
May  it  not  be,  gentlemen — and  I  ask  it  with 
all  kindness — may  it  not  be  that  you  have  mis 
taken  party  platforms  for  the  Constitution  of 
the  United  States,  and  the  action  of  individual 
parties  for  the  action  of  the  Federal  Govern 
ment? 

Mr.  President,  with  our  extended  frontier, 
with  our  defenceless  sea-coast,  tell  me  the 
amount  of  money  that  would  be  required  so  to 
fortify  the  State,  in  case  of  a  separation,  as  to 
afford  the  slightest  protection  not  only  to  our 
slave  property,  but  against  those  John  Brown 
forays  upon  a  larger  scale.  And,  by  the  way, 
let  me  here  call  your  attention  to  a  single  fact, 
namely,  that  it  was  fourteen  of  the  marines 
of  this  very  Federal  Government,  which  you 
want  to  destroy,  that  took  John  Brown  and 
his  men  out  of  the  engine  house.  It  was  not 
all  this  army  that  you  raised  in  Richmond  and 
that  we  sent  down  from  the  border.  It  was 
fourteen  marines  belonging  to  the  Federal  Gov 
ernment  which  took  that  insurrectionary  party 
out  of  the  engine  house,  delivered  them  over 
to  your  civil  authorities,  who  justly  tried  and 
hung  them ;  and  it  was  the  Governor  of  our 
sister  State  of  Pennsylvania — for,  denounce  me 
as  submissionist  if  you  please,  apply  whatever 
epithets  you  will,  Pennsylvania  is  our  sister 
State — and  it  was  the  Governor  of  Pennsyl 
vania  who  delivered  up  to  us  Hazlett  and  Cook, 
and,  in  doing  so,  he  behaved  as  the  Chief  Ex- 
ecutive  of  a  sister  State  should  behave. 


DOCUMENTS. 


107 


Sir,  can  any  man  believe  that  in  case  of  a 
dissolution  of  the  Union,  we  would  enjoy  any 
thing  like  the  freedom,  the  liberty,  and  equality 
which  we  now  enjoy  under  this  General  Gov 
ernment  of  ours?  Could  we  maintain  our 
selves  without  a  strong  military  force  kept  up 
at  an  enormous  and  exhausting  expense  ?  We 
are  now,  under  the  Constitution  and  in  the 
Union,  the  freest,  the  most  independent,  and 
the  happiest  people  on  earth.  Dissolve  the 
Union,  and  a  military  despotism,  the  licentious 
ness  of  the  camp,  and  ragged  poverty,  will  be 
substituted  in  its  place. 

And  now,  Mr.  President,  in  the  name  of  our 
own  illustrious  dead,  in  the  name  of  all  the 
living,  in  the  name  of  millions  yet  unborn,  I 
protest  against  this  wicked  effort  to  destroy  the 
fairest  and  the  freest  Government  on  the  earth. 
And  I  denounce  all  attempts  to  involve  Vir 
ginia  to  commit  her  to  self-murder  as  an  insult 
to  all  reasonable  living  humanity,  and  a  crime 
against  God.  With  the  dissolution  of  this 
Union,  I  hesitate  not  to  say,  the  sun  of  our 
liberties  will  have  set  forever. 


Doc.  20. 
PEACE  IN  MISSOURI. 

AGREEMENT    BETWEEN    GENERALS    HAKNEY    AND 
PRICE,    MAY,    1861. 

THE  following  paper  was  read  to  General 
Sterling  Price,  of  Missouri,  under  the  circum 
stances  herein  stated. 

A  few  days  after  General  Harney  issued  his 
proclamation  or  address  to  the  people  of  Mis 
souri,*  it  was  announced  that  Sterling  Price 
had  been  appointed  the  Major-General  of  the 
Militia  of  the  State,  by  Governor  Jackson. 
General  Price  had  been  elected,  but  a  few 
weeks  before,  as  a  Union  member  of  the  Con 
vention  of  the  State  of  Missouri,  called  by  an 
act  of  the  Legislature.  As  a  Union  man  he 
had  been  elected  by  the  votes  of  Union  men  in 
the  Convention,  to  preside  over  the  delibera 
tions  of  that  body.  The  Convention  had  passed 
Union  resolutions,  declaring  that  there  was  no 
cause  for  the  secession  of  the  State  from  the 
common  Union. 

Under  these  circumstances  it  was  thought 
that  General  Price,  if  so  disposed,  might  co 
operate  with  General  Harney  in  the  preserva 
tion  of  the  peace  of  the  State,  in  subordination 
to  the  Constitution  of  the  United  States  and 
that  of  the  State  of  Missouri.  With  the  ap 
proval  of  General  Harney,  several  leading  men 
in  St.  Louis  were  requested  to  write  to  Gen 
eral  Price,  urging  upon  him  the  importance  of 
his  position,  and  suggesting  the  propriety  and 
duty  of  his  cooperating  with  General  Harney 
for  the  maintenance  of  peace  within  the  State. 

Two  gentlemen  of  high  character  in  St. 
Louis,  Judge  Lord  and  Mr.  Crow,  independ- 

*See  Q-oneral  Hartley's  proclamation  to  the  people  of 
the  State  of  Missouri,  at  page  242,  Documents,  vol.  I. 


ently  of  each  other,  seeing  the  importance  of 
the  movement,  associated  others  with  them  and 
proceeded  separately,  as  two  committees,  (of 
three  each,)  to  Jefferson  City  to  confer  person 
ally  with  General  Price. 

General  Price  received  the  committees  with 
courtesy,  and  declared  that  his  "  Union  senti 
ments  remained  unchanged."  This  declaration 
was  written  down  by  Mr.  Crow ;  and  the 
writing,  to  guard  against  error,  was  submitted 
to  General  Price  and  was  approved  by  him. 

Before  the  committees  left  St.  Louis,  Gener 
al  E.  A.  Hitchcock,  formerly  of  the  army,  had 
furnished  Mr.  Crow  with  a  memorandum,  to 
be  urged  upon  General  Price,  pointing  out  the 
objectionable  features  of  the  Militia  Bill  which 
had  recently  been  passed  by  the  Missouri  Legis 
lature,  the  memorandum  closing  with  the  words 
— "  obedience  to  the  Militia  Bill  will  be  hostil 
ity  to  the  United  States." 

At  the  conclusion  of  the  conference  with 
Mr.  Crow,  General  Price  offered  to  go  to  St. 
Louis,  to  confer  personally  with  General  Har 
ney,  if  such  a  step  was  desired.  On  Mr.  Crow's 
return  to  St.  Louis,  and  his  reporting  the  result 
of  his  conversation  with  General  Price,  the  lat 
ter  was  telegraphed  to  visit  St.  Louis ;  and  that 
same  evening  he  came  accordingly. 

In  anticipation  of  his  arrival,  and  in  order  to 
guard  against  the  possibility  of  mistake,  as  to 
the  position  of  General  Harney  in  relation  to 
the  Militia  (or  Military)  Bill,  the  following 
paper  was  prepared,  and  was  read  by  General 
Hitchcock  to  General  Price  the  morning  after 
his  arrival,  in  the  presence  of  Major  Henry  S. 
Turner,  (as  the  chosen  friend  of  General  Price.) 
This  was  done  before  the  interview  of  Gens. 
Harney  and  Price,  in  order  that  the  latter 
might  know  distinctly  the  opinion  of  General 
Harney  in  regard  to  the  Militia  Bill,  and  in  re 
gard  to  the  consequences  of  an  attempt  to  en 
force  that  bill  in  the  State. 

In  the  interview  with  Major  Turner  and 
General  Hitchcock,  General  Price  declared  that 
he  was  not  in  favor  of  the  State's  going  out  of 
the  Union ;  and  that  Governor  Jackson,  though 
he  had,  at  one  time,  been  in  favor  of  it,  was 
then  opposed  to  it,  thinking  that  the  proper 
time  for  it  had  passed.  He  also  stated  ex 
pressly  that  he  had  never  taken  the  oath  pre 
scribed  in  the  Militia  Bill;  but  that  he  had 
taken  the  oath  of  allegiance  to  the  Constitution 
of  the  United  States,  and  was  then  under  its 
obligations. 

The  interview  of  General  Price  with  General 
Harney  then  followed — in  the  presence  of  Gen. 
Hitchcock  and  Major  Turner — during  which 
General  Price  reiterated  what  he  had  but  a  few 
moments  before  asseverated  to  the  latter  t\vO 
gentlemen ;  and  he  declared  his  purpose,  most 
solemnly,  of  using  his  power  in  cooperation 
with  that  of  General  Harney  to  maintain  the 
peace  of  the  State  in  obedience  to  the  Consti 
tution  of  the  United  States  and  that  of  the 
State  of  Missouri ;  and  he  gave  his  opinion  that 
he  had  the  power  to  quell  any  disturbance  that 


108 


REBELLION  RECORD,  1860-61. 


might  arise  in  the  State,  and  pledged  himself  to 
go  in  person  to  any  part  of  the  State  where  his 
presence  might  be  necessary,  in  order  to  effect 
the  object. 

He  was  so  confident  of  his  power  to  put 
down  every  attempt  to  disturb  the  peace,  that 
he  turned  to  General  Barney,  and  said,  with 
great  earnestness,  "  If  I  fail  to  do  it,  you  may 
have  my  head  for  a  football." 

General  Harney  said  but  very  little  in  this 
interview,  and  all  that  he  did  say  went  simply 
to  the  point,  that  if  General  Price  could  keep 
the  peace,  it  was  all  that  he  or  his  Government 
desired. 

General  Price,  upon  their  coming  to  an  un 
derstanding,  said  that  he  would  return  to  Jeffer 
son  City,  rnd  would  send  to  their  homes  the 
militia  that  had  been  called  there  by  the  Gover 
nor  for  the  defence  of  the  capital  against  an 
anticipated  attack  from  the  United  States  forces. 
These  were  supposed  to  be  about  four  thou 
sand  ;  and  after  the  agreement  was  signed  be 
tween  the  two  generals,  to  keep  the  peace  "  in 
subordination  to  the  Constitution  of  the  United 
States  and  the  State  of  Missouri,"  General  Price 
returned  to  Jefferson  City  and  conformed  to  his 
pledge  by  dispersing  all  of  the  said  militia,  ex 
cept  one  company,  which  was  retained  merely 
as  a  body  guard  for  the  Governor,  and  for  the 
preservation  of  the  archives  of  the  State  against 
mob  violence.  The  following  is  the  agreement 
signed  by  Generals  Harney  and  Price,  together 
with  a  proclamation  of  General  Harney,  sub 
mitting  the  agreement  to  the  people  of  Mis 
souri  : 

To  the  people  of  the  State  of  Missouri: 

I  take  great  pleasure  in  submitting  to  you 
the  following  paper,  signed  by  General  Price, 
commanding  the  forces  of  the  State,  and  by 
myself,  on  the  part  of  the  Government  of  the 
United  States.  It  will  be  seen  that  the  united 
forces  of  both  Governments  are  pledged  to  the 
maintenance  of  the  peace  of  the  State,  and  the 
defence  of  the  rights  and  property  of  all  per 
sons,  without  distinction  of  party.  This  pledge, 
which  both  parties  are  fully  authorized  and 
empowered  to  give  by  the  Governments  which 
they  represent,  will  be  by  both  most  religiously 
and  sacredly  kept,  and,  if  necessary  to  put  down 
evil-disposed  persons,  the  military  powers  of 
both  Governments  will  be  called  out  to  enforce 
the  terms  of  the  honorable  and  amicable  agree 
ment  which  has  been  made.  I  therefore  call 
upon  all  persons  in  this  State  to  observe  good 
order,  and  respect  the  rights  of  their  fellow- 
citizens,  and  give  them  the  assurance  of  pro 
tection  and  security  in  the  most  ample  manner. 
WM.  S.  HARNEY, 

Brigadier-Gen.  Commanding. 

AGREEMENT    BETWEEN    GEN.    HARNEY   AND    GEN. 
PRICE. 

St.  Louis,  May  21,  1861. 

The  undersigned,  officers  of  the  United  States 
Government  and  of  the  Government  of  the 
State  of  Missouri,  for  the  purpose  of  removing 


misapprehensions  and  allaying  public  excite 
ment,  deem  it  proper  to  declare  publicly  that 
they  have,  this  day,  had  a  personal  interview 
in  this  city,  in  which  it  has  been  understood, 
without  the  semblance  of  dissent  on  either 
part,  that  each  of  them  has  no  other  than  a 
common  object,  equally  interesting  and  im 
portant  to  every  citizen  of  Missouri — that  of 
restoring  peace  and  good  order  to  the  people 
of  the  State,  in  subordination  to  the  laws  of 
the  General  and  State  Governments. 

It  being  thus  understood,  there  seems  no 
reason  why  every  citizen  should  not  confide  in 
the  proper  officers  of  the  General  and  State 
Governments,  to  restore  quiet ;  and,  as  the 
best  means  of  offering  no  counter  influences, 
we  mutually  recommend  to  all  persons  to  re 
spect  each  other's  rights  throughout  the  State, 
making  no  attempt  to  exercise  unauthorized 
powers,  as  it  is  the  determination  of  the  proper 
authorities  to  suppress  all  unlawful  proceed 
ings,  which  can  only  disturb  the  public  peace. 

General  Price  having,  by  commission,  full 
authority  over  the  militia  of  the  State  of  Mis 
souri,  undertakes,  with  the  sanction  of  the 
Governor  of  the  State,  already  declared,  to 
direct  the  whole  power  of  the  State  officers  to 
maintain  order  within  the  State  among  the 
people  thereof;  and  General  Harney  publicly 
declares  that,  this  object  being  thus  assured,  he 
can  have  no  occasion,  as  he  has  no  wish,  to 
make  military  movements  which  might  other 
wise  create  excitements  and  jealousies  which 
he  most  earnestly  desires  to  avoid. 

We,  the  undersigned,  do  therefore  earnestly 
enjoin  upon  the  people  of  the  State  to  attend 
to  their  civil  business,  of  whatever  sort  it  may 
be  ;  and  it  is  to  be  hoped  that  the  unquiet  ele 
ments,  which  have  threatened  so  seriously  to 
disturb  the  public  peace,  may  soon  subside, 
and  be  remembered  only  to  be  deplored. 
WM.  S.  HARNEY, 

Brigadier-Gen.  Commanding. 

STERLING  PRICE, 

Major-Gen.  Missouri  State  Guard. 

General  Harney  then  began  to  prepare  an 
expedition  to  Springfield,  with  the  purpose  of 
organizing  the  Home  Guards  at  that  place  and 
its  vicinity,  which  he  designed  should  be  gath 
ered  around  a  nucleus  of  regular  soldiers,  to 
hold  in  check  a  hostile  force  then  known  to  be 
assembling  in  Arkansas  to  penetrate  Missouri. 
But  this  was  prevented  by  the  order  by  which 
his  military  career  in  Missouri  was  terminated. 

What  might  have  resulted  from  the  measures 
of  General  Harney,  if  he  had  not  been  super 
seded  in  the  command  of  the  WTestern  Depart 
ment,  must  remain  an  unsolved  problem. 

The  paper  which  was  re*:d  to  General  Price 
in  the  presence  of  Major  H.  S.  Turner,  as  above 
stated,  was  the  following  : 

"  General  Harney  is  here  as  a  citizen  of  Mis 
souri,  with  all  his  interests  at  stake  in  the  pres 
ervation  of  the  peace  of  the  State. 

"  He  earnestly  wishes  to  do  nothing  to  compli 
cate  matters;  and  will  do  every  thing  in  hia 


\ 


if 


a§-VA.R  Ritchie. 


ROGER      B.   TANEY 


DOCUMENTS. 


109 


lower,  consistently  with  his  instructions,  to  pre 
serve  peace  and  order. 

"He  is,  however,  compelled  to  recognize  the 
existence  of  a  rebellion  in  a  portion  of  the  United 
States ;  and,  in  view  of  it,  he  stands  upon  the 
proclamation  of  the  President,  itself  based  upon 
the  law  and  the  Constitution  of  the  United  States. 

"  The  proclamation  commands  the  dispersion 
of  all  armed  bodies  hostile  to  the  supreme  law 
of  the  land. 

"  General  Harney  sees,  in  the  Missouri  Military 
Bill,  features  which  dompel  him  to  look  upon 
such  armed  bodies  as  may  be  organised  under 
its  provisions,  as  antagonistic  to  the  United 
States  ;  within  the  meaning  of  the  proclamation, 
and  calculated  to  precipitate  a  conflict  between 
the  State  and  the  United  States  troops. 

"  He  laments  this  tendency  of  things,  and  most 
cordially  and  earnestly  invites  the  cooperation  of 
General  Price  to  avert  it. 

"For  this  purpose,  General  Harney  respect 
fully  asks  General  Price  to  review  the  features 
of  the  bill  in  the  spirit  of  law,  warmed  and  ele 
vated  by  that  of  humanity,  and  seek  to  discover 
some  means  by  which  its  action  may  be  suspend 
ed,  until  some  competent  tribunal  shall  decide 
upon  its  character. 

"  The  most  material  features  of  the  bill  calcu 
lated  to  bring  about  a  conflict  are,  first,  the  oath 
required  to  be  taken  by  the  militia  and  '  State 
Guards,'  (an  oath  of  allegiance  to  the  State  of  Mis 
souri,  without  recognising  the  existence  of  the 
Government  of  the  United  States,)  and,  secondly, 
the  express  requirement,  by  which  troops  within 
the  State,  not  organized  under  the  provisions  of 
the  Military  Bill,  are  to  be  disarmed  by  the  State 
Guards. 

"Gen.  Harney  cannot  be  expected  to  wait  a 
summons  to  surrender  his  arms,  from  the  State 
Guards. 

"From  this  statement  of  the  case,  the  true 
question  becomes  immediately  visible  and  cannot 
be  shut  out  of  view. 

"  Gen.  Price  is  earnestly  requested  to  consider 
this  ;  and  Gen.  Harney  will  be  happy  to  confer 
with  him  on  the  subject  whenever  it  may  suit  his 
convenience.1" 

Doc.  21. 
THE   TEXAS   TREASON. 

A  PAPER  READ  BEFORE  THE  NEW-YORK  HISTORICAL 
SOCIETY,  JUNE  25,  1861,  BY  MAJOR  J.  T.  SPRAGUE, 
UNITED  STATES  ARMY. 

IT  is  to  me,  Mr.  President,  a  source  of  gratifi 
cation  and  pleasure  in  being  invited  to  address 
this  time-honored  Association,  and  to  be  instru 
mental  in  depositing  with  you  facts  and  incidents, 
peculiar  and  striking  in  their  character,  which 
will  in  time  to  come,  when  the  historian  shall 
gather  up  the  records  of  the  past,  fill  his  mind 
with  astonishment,  as  well  as  with  sorrow  and 
regret.  It  is  not  often,  my  countrymen,  that  one 
of  my  profession  is  found  in  the  position  occupied 
by  myself  here  to-night ;  indeed,  I  feel  a  degree 
ol  embarrassment  almost  unsurmountable,  but 
SUP.  Doc.  7. 


in  the  midst  of  the  perils  and  revulsions  now  agi 
tating  our  country,  men  must  expect  to  appear 
in  new  relations  ;  and  it  becomes  every  one's 
duty  to  summon  the  energy  of  his  head  and  his 
heart,  to  meet  the  trials  incident  to  the  occasion. 
With  all  this,  1  feel  to-night  a  degree  of  sadness 
and  sorrow,  as  well  as  gratification  —  sadness 
and  sorrow,  that  the  incidents  which  have  trans 
pired  around  me  within  the  past  three  months, 
occurred  within  the  circumference  of  own  onco 
peaceful  and  happy  land — gratification  that  I  am 
again  under  the  folds  of  our  long-cherished  ban 
ner,  and  within  the  sound  of  the  cheerful  voices 
of  freemen.  Strange  and  inconsistent  as  it  may 
seem,  I  am  here  to-night  a  prisoner — a  prisoner 
of  war  in  the  hands  of  my  own  countrymen — a 
prisoner  on  parole,  made  so  by  usurpation  and  the 
stern  hand  of  military  power  and  authority  ;  and 
I  owe  to  myself,  to  my  companions,  to  my  coun 
try,  and  to  history,  to  state  as  succinctly,  and  as 
briefly  as  possible,  the  unfortunate  and  disastrous 
events  leading  to  this  result.  Humiliating,  in 
deed,  is  this  necessity  to  soldiers  of  well-tried 
loyalty,  when  finding  their  acts  impugned  and 
misunderstood  by  many  of  their  countrymen, 
who  denounce  the  enemy  as  rebels,  and  disclaim 
their  right  to  demand  of  prisoners  the  usages  of 
civilised  warfare. 

Eighteen  years,  out  of  twenty-four,  my  mili 
tary  duties  have  been  confined  to  the  South. 
From  the  hummocks  and  everglades  of  Florida, 
to  the  frontiers  of  Georgia,  Alabama,  the  Creek 
and  Cherokee  country,  Arkansas,  Texas  and  New- 
Mexico,  my  time  and  services  have  been  devoted 
to  the  protection  of  citizens  and  their  property. 
With  the  abundant  resources  of  the  Government, 
together  with  the  toils  and  privations  of  officers 
and  soldiers,  security  was  at  all  times  given  to 
homes,  to  helpless  women  and  children,  to  the 
enterprising  frontiersmen,  against  the  bold  and 
relentless  savage,  seeking  vengeance  upon  the  in 
nocent  and  unoffending. 

Texas  was  to  me  a  section  of  peculiar  interest. 
The  delightful  climate,  and  the  warm  and  genial 
fellowship  of  her  citizens,  gave  to  our  associations 
there  a  strong  and  ardent  attachment.  I  arrived 
in  San  Antonio  in  the  spring  of  Forty-nine,  when 
pestilence  was  desolating  the  land,  brave  men 
trembled,  and  the  timid  fled.  It  was  then,  when 
the  soldier  and  citizen  stood  side  by  side  in  the 
fearful  conflict,  and  unitedly  wept  over  the  graves 
of  many  cherished  friends  and  companions ;  we 
loved  to  linger  around  the  resting-place  of  those 
whose  virtues  and  example  cheered  and  alleviat 
ed  the  toils  and  perils  of  a  soldier  s  life.  After 
ten  years'  service,  I  found  myself  rudely  expelled 
from  the  land  so  ardently  cherished.  Political 
sentiments  had  corrupted  the  public  mind.  The 
pestilential  atmosphere  of  secession  had  crept 
into  the  hearts  of  well-tried  citizens.  The  dark 
wing  of  rebellion  hovered  over  this  enterprising 
and  prosperous  State,  poisoning  the  public  mind, 
causing  a  bitter  animosity  to  all  those  who  es 
poused  the  cause  of  our  common  country. 

The  combination  of  political  events,  treason, 
and  bad  faith,  culminated  with  such  fearful  ra- 


110 


REBELLION  RECORD,  1860-61. 


pidity  that  friends  were  turned  into  active  and 
uncompromising  foes.  The  officers  and  soldiers 
soon  found  themselves  prisoners  of  war  in  the 
hands  of  their  countrymen  —  as  humiliating  to 
them  as  it  has  been  found  embarrassing  to  our 
Government.  Safe -guards  were  placed  in  our 
hands,  to  insure  safe  conduct  out  of  Texas,  and 
through  the  confederated  States.  Had  these  dis 
astrous  and  most  humiliating  events  been  attri 
butable  to  our  own  acts,  or  had  we  been  taken 
prisoners  upon  the  battle-field,  we  would  not  com 
plain  ;  but  thus  to  be  sold  into  bondage,  through 
acts  of  traitors,  and  by  usurpation,  is  too  much  to 
be  quietly  endured,  and  we  are  not  willing  to  be 
crushed  without  an  appeal  to  our  countrymen,  to 
vindicate  our  cause,  and  to  record  historically 
our  fidelity  to  the  Union. 

Twenty-four  years  I  have  seen  the  flag  of  our 
country  go  up  and  come  down  with  the  rising 
and  setting  sun,  guaranteeing  peace  and  prosper 
ity  throughout  the  land.  I  have  seen  it  in  a  for 
eign  land,  surmounting  the  white  wings  of  com 
merce,  commanding  the  homage  of  the  world.  I 
have  folded  its  Stars  and  Stripes  upon  the  breast 
of  many  a  cherished  comrade  and  friend.  I  have 
carried  it  from  the  Mississippi  River  to  the  Rocky 
Mountains,  surrounded  by  our  laws  and  insti 
tutions,  when  the  emigrant  mother,  with  her 
little  brood,  would  hover  beneath  its  folds,  as 
night  closed  in  upon  the  distant  plain,  and  rest 
in  peace  and  security.  I  have  seen  it  in  the  dark 
hour  of  peril,  when  doubts  and  fears  hung  upon 
the  conflict,  and  greeted  its  returning  rays  with 
victory  perched  upon  its  eagles. 

In  narrating  events  that  have  come  under  my 
observation,  it  is  not  my  desire  or  design  to  wound 
the  pride  or  feelings  of  any  one.  There  are  doubt 
less  those  within  the  sound  of  my  voice,  wTho 
are  identified  with  individuals  conspicuous  in  the 
events  now  passing  around  us.  Men,  who  by 
word  or  deed  appear  upon  the  stage  of  public  life, 
must  expect  criticism,  often  severe,  sometimes 
unmerited.  The  unfortunate  but  unavoidable 
conflict,  now  convulsing  our  country,  tears  asun 
der  the  ties  of  kindred  and  affection.  Warm 
hearts  and  tried  friendships  are  shocked  with  the 
epithet  of  rebel  and  traitor.  My  determination 
is  to  state  facts,  and  leave  to  public  opinion  and 
to  history  the  merited  condemnation  or  praise. 

There  is  no  section  of  our  country  so  strikingly 
illustrative  of  the  peculiar  characteristics  of  our 
people  as  the  State  of  Texas.  Within  her  limits 
are  citizens  from  every  State  in  the  Union,  as 
well  as  large  numbers  from  foreign  countries. 
They  bring  with  them  the  habits  and  sentiments 
peculiar  to  their  homes,  and  thus,  unitedly,  form 
the  basis  of  a  hardy,  vigorous,  intelligent  popu 
lation.  The  State  is  divided  into,  and  is  \vell 
known  as,  Eastern  and  Western  Texas.  The  for 
mer  extends  from  Austin,  the  capital,  to  the  Sa- 
bine  River,  well  adapted  to  slave  labor,  produce- 
ing  cotton,  sugar,  and  tobacco.  The  latter  com 
mences  at  San  Antonio,  comprising  the  country 
to  the  Rio  Grande,  thence  down  to  the  coast  of 
the  Gulf  of  Mexico.  Corn  is  raised  in  large  quan 
tities,  and  the  wide  range  of  prairie-land  induces 


capitalists  to  embark  extensively  in  the  raising  of 
cattle,  horses,  and  mules.  The  Gorman  popula 
tion  is  large,  and  distinguished  for  intelligence 
and  industry,  and  their  opposition  to  slave  labor, 
and  for  which,  by  recent  events,  they  have  been 
severely  punished.  The  active  hostility  of  In 
dians  upon  this  frontier  so  many  years,  has  been 
the  means  of  inuring  the  settlers  to  privations 
and  dangers,  and  creating  a  roving  and  daring 
class  of  men  known  as  Texas  Rangers.  As  it  is 
generally  supposed  an  American  is  born  a  soldier, 
so,  in  this  section,  every  man  is,  by  inheritance, 
a  Texas  Ranger.  With  his  horse,  rifle,  and  pow 
der-horn,  and  ten  days'  subsistence  in  his  saddle 
bags,  he  takes  the  field,  confident  of  success.  The 
Ranger  of  the  present  day,  however,  is  but  an 
imitator  of  those  brave  and  resolute  men,  the 
pioneers  of  Texas,  now  extinct.  Within  the 
State  there  is  a  secret  association,  known  as  the 
"K.  G.  Cs.  "•-  Knights  of  the  Golden  Circle. 
The  headquarters  are  in  San  Antonio.  In  every 
county  there  is  a  place  of  assemblage  called  the 
Castle.  Generals,  colonels,  majors,  and  captains 
are  assigned  to  the  various  stations.  Meetings 
are  called,  by  orders  from  headquarters,  and  the 
utmost  promptness  and  system  distinguish  their 
proceedings.  The  initiation  fee  is  one  dollar : 
five  degrees  are  conferred  — divulging  the  designs 
of  the  order  costing  thirty  dollars.  The  funds 
are  placed  in  the  hands  of  a  treasurer,  and  np- 
plied,  under  the  direction  of  a  select  committee,  to 
the  purchase  of  arms,  accoutrements,  and  ammuni 
tion.  It  is  estimated,  by  competent  authority, 
that  eight  thousand  men  can  be  brought  into  the 
field  at  four  days'  notice,  well  equipped.  With 
this  display  of  force,  and  the  harmony  and  se 
crecy  distinguishing  the  order,  they  hold  in  sub 
jection  the  sentiments  and  conduct  of  the  entire 
population  of  the  State.  At  the  Cnztles  reports 
are  made  in  regard  to  individuals,  their  conduct 
and  opinions,  and  transmitted,  for  final  action  and 
investigation,  to  the  headquarters.* 

The  cordon  of  military  posts  along  the  frontier 
of  Texas,  was  established  in  the  month  of  March, 
1849.  To  sustain  these  there  has  been  expended, 
annually,  within  the  State,  from  one  million  six 
hundred  thousand  to  two  millions  four  hundred 
thousand  dollars.  The  line  extends  from  Red  Riv 
er  to  the  Rio  Grande,  thence  down  the  river  to  Fort 
Brown,  opposite  the  Mexican  town  of  Matamoras. 
The  distance  is  about  fourteen  hundred  miles. 
Forts  Worth,  Cobb,  Cooper,  Chadbourne,  Belknap, 
McKevitt,  Bliss,  Quitman,  Lancaster,  Stockton, 
Hudson,  Clarke,  Duncan,  Mclntosh,  Ringgold, 
and  Camp  Verde,  are  the  most  important  posi 
tions,  at  which  are  stationed  from  fifty  to  one 
hundred  and  fifty  men,  artillery,  cavalry,  and  in 
fantry.  In  the  vicinity,  are  detached  camps,  de 
signed  to  intercept  Indian  war  parties,  going  to 
and  from  Mexico,  and  from  the  settlements.  San 
Antonio  is  the  headquarters  of  the  department, 
as  well  as  the  general  depot  of  supplies.  The 
nearest  port  to  San  Antonio  is  Camp  Verde,  six 
ty-five  miles;  the  most  distant,  Fort  Bliss,  six 

*  The  object  of  this  institution  is  the  protection  and  exten 
sion  of  slavery. 


DOCUMENTS. 


in 


hundred  and  seventy-five  miles.  The  other  sta 
tions  vary  from  one  hundred  and  forty  miles  to 
four  hundred  and  fifty,  and  from  each  other  from 
eighty  to  one  hundred  miles.  The  communication 
is  kept  up  by  horse  expresses,  consisting,  gener 
ally  of  four  or  six  men,  according  to  the  activity  j 
and  hostility  of  the  Indians.  San  Antonio  is  one  ! 
hundred  and  fifty  miles  from  Indianola.  the  entre 
pot  upon  the  coast,  or  Matagorda  Bay.  The  ag 
gregate  number  of  the  United  States  troops  with 
in  the  department  of  Texas,  in  February  last, 
was  two  thousand  five  hundred  and  fifty,  and 
sixty -two  commissioned  officers,  consisting  of 
cavalry,  artillery,  and  infantry. 

On  the  fifth  of  December,  "i860,  Brevet  Major- 
Gen.  David  E.  Twiggs,  U.  S.  Army,   arrived  at 
Indianola, Texas,  and,  by  orders  from  Washington, 
assumed  command  of  this  military  district,  known 
as  the  Department  of  Texas.      For  two  years  he 
had  resided  in  New-Orleans,  La.,  retired  from  ac 
tive  military  duties,  owing  to  age  and  impaired 
health.      Forty-eight  years  he  had  been  in  the 
service  of  the  Federal  Government.     Nature  had 
endowed  him  with  a  sagacious  and  active  mind, 
far  higher  than  with  that  element  so  essential  to 
a  soldier.      Caution  and  self-preservation  distin 
guished  his  career  in  the  army.     Upon  reaching 
Indianola,  he  expressed  to  the  citizens  his  opin 
ions  as  to  the  critical  situation  of  the  country, 
owing    to  the   election  of   Abraham  Lincoln   as 
President  of  the   United  States.      Leaves  of  ab-  j 
sence  were  tendered  officers  of  the  army,  to  the  J 
full  extent  of  his  authority,  with  the  avowed  ob-  I 
ject  that  they  might  repair  to  their  various  States  | 
and  attend  to  their  professional  interests,  declar 
ing,  at  the  same  time,  "  the  Union  at  an  end  in 
less  than  s:xty  days,  and  if  they  had  pay  due 
them  to  draw  it  at  once,  as  it  would  be  the  last.'1 
These  sentiments  were  promulgated  throughout 
Texas,  with    a    corresponding  degree   of   excite-  ! 
merit   and   malignity,   suited   to   the  tastes  and 
habits  of  a  class  of  men  there,  seeking  distinction  j 
and  office  upon  the  ruins  of  their  country.      The 
position  he  occupied,  the  patronage  and  resources 
of  the   General    Government   in    hand,  together 
with  the  general  belief,  that  under  his  auspices  j 
and  advice,  the  officers  and  soldiers  of  the  army 
would  espouse  his  cause,  good  and  patriotic  citi 
zens  were  misled,  and  induced  to  look  upon  seces 
sion  as  the  only  remedy  from  apprehended  evils 
in  the   dissolution   of   our    Government.      Upon 
reaching  San    Antonio,    steps  were  immediately 
taken  to  destroy  the  power  and  energy  of  this 
military  department,  as  had  been  the  example  in 
Washington  City,   by    conspiracy,   robbery   and 
fraud.     Officers  were  invited,    solicited,    to   flee 
from  the  dissolving  Government,  and  the  private 
soldier  counselled  as  to  the  policy  of  his  adhering 
to  a  service  represented  to  be  so  doubtful  in  char 
acter,    both   in  regard   to  permanency  and  pay. 
The  means  of  transportation  were  cut  off  at  all 
the  posts,  and  the  amount  of  ammunition  and  j 
subsistence   reduced    to   the   consumption  from  j 
week  to  week.     During  the  months  of  February  ! 
and  March,  there  was  not  a  command  in  Texas  I 
able  to  move  one  hundred  miles  from  its  post,  for 


the  want  of  animals,  wagons,  and  subsistence. 
Such  a  procedure,  together  with  the  unreserved 
avowal  of  State  sovereignty,  and  a  general  denun 
ciation  of  Federal  authority  on  the  part  of  the 
Department  Commander,  Texas  had  only  to  make 
the  necessary  preliminary  arrangements  having 
the  semblance  of  law,  when  the  property  of  the 
General  Government  would  fall  into  her  hands 
without  remonstrance,  on  the  exhibition  of  a  reg 
ular  force.  The  officers  and  soldiers,  instead  of 
being  concentrated  at  San  Antonio  for  the  secu 
rity  of  public  supplies,  were  helpless  at  the  dis 
tant  posts,  and  had  no  knowledge  of  what  had 
transpired  until  orders  came  to  abandon  the 
country. 

The  following  document,  the  "Report  of  the 
Committee  on  Public  Safety,"  give,  in  detail,  the 
steps  taken  to  perfect  these  treasonable  designs, 
together  with  the  arrangements  made  for  the  de 
parture  of  the  United  States  troops  out  of  Texas : 

REPORT  NO.  1. REPORT  OF  COMMITTEE  OF  PUBLIC 

SAFETY. 

COMMITTEE-ROOM,  March  6,  1861. 

To  the  Hon.  0.  M.  Roberts,  President  of  the  Con 
vention  : 

The  Committee  on  the  Public  Safety,  beg  leave 
to  submit  through  you,  to  the  Convention  of  the 
People,  the  following  report  in  detail  of  the  nu 
merous  and  important  matters  which  were  con 
fided  to  them,  both  during  the  sitting  of  the  Con 
vention,  and  during  the  recess  from  the  adjourn 
ment  on  the  fifth  day  of  February,  and  the  re 
assembling  of  the  same,  on  the  second  day  of 
March. 

After  the  passage  of  the  Ordinance  of  Secession, 
by  the  Convention,  the  Committee,  believing  that 
it  would  be  of  the  highest  importance  to  secure, 
to  the  State  of  Texas,  the  property  belonging  to 
the  United  States,  then  within  the  State ;  that 
the  public  safety  demanded  that  Texas  should 
have  control  of  the  arms  and  munitions  of  war 
within  her  limits,  it  was  too  manifest  for  the  Com 
mittee  to  hesitate  as  to  their  duties  on  this  sub 
ject.  The  policy  of  coercion,  it  was  believed, 
would  be  adopted  by  the  incoming  Administra 
tion  of  the  late  United  States  Government,  and 
with  about  two  thousand  eight  hundred  United 
States  regular  troops,  stationed  at  different  points 
in  the  State,  all  of  whom  were  well  supplied  with 
arms  and  ammunition,  the  Committee  believed 
their  presence,  under  the  command  and  control  of 
United  States  officers,  was  dangerous  to  the  wel 
fare  and  safety  of  the  State,  especially  if  they  re 
mained  here  without  change,  until  secession  of 
the  State  of  Texas  became  a  finality. 

It  was  also  believed  by  the  Committee,  that 
although  many  of  the  army  officers  in  command, 
in  the  Eighth  Military  District  of  the  State  of 
Texas,  would  never  consent  to  use  the  military 
forces,  under  their  command,  against  the  people 
of  Texas,  yet  the  Committee  did  not  know,  and 
could  not,  how  soon  the  friends  of  the  South  might 
be  superseded,  and  our  enemies  placed  in  their 
stead.  In  view  of  these  facts,  and  the  fact  that 
Texas  was  justly  entitled  to  her  share  of  the  pub- 


112 


REBELLION  RECORD,  1800-61. 


lie  property,  and  in  view  of  the  fact  that  Texas 
was  without  arms  for  her  defence,  the  Committee, 
under  the  authority  of  an  ordinance  of  the  Con 
vention,  passed  the  second  of  February,  1861, 
proceeded  to  set  on  foot  a  plan  for  obtaining  pos 
session  of  the  United  States  property,  and  for  the 
removal  of  the  United  States  troops  from  Texas. 
The  following  is  a  copy  of  said  ordinance : 

Resolution  of  the  Convention  conferring  Author 
ity  on  the  Committee  of  Public  Safety. 

Resolved,  By  the  people  of  the  State  of  Texas, 
by  Delegates  in  Convention  assembled,  that  should 
the  Standing  Committee  of  Public  Safety  deem  it 
essential  to  the  public  safety  to  appoint  Commis 
sioners,  officers  or  persons,  in  reference  to  taking 
possession  of  any  of  the  Federal  property,  within 
the  limits  of  this  State,  they  shall  have  power  to 
appoint  such,  and  assign  them  their  duties,  and 
give  them  the  instructions  under  which  they  shall 
act ;  but  this  power  shall  only  extend  to  such 
cases  in  which  the  Committee  may  deem  prompt 
action  and  secrecy  absolutely  necessary. 

That  a  copy  of  this  resolution,  signed  by  the 
President  of  this  Convention,  and  the  appoint 
ments  and  instructions,  signed  by  the  Hon.  John 
C.  Robertson,  Chairman  of  said  Committee,  shall 
be  full  authority  to  the  person,  or  persons,  acting 
under  the  same,  and  a  full  justification,  for  all 
acts  done  in  pursuance  thereof. 

Adopted  second  February,  A.D.  1861. 

Preparatory  to  the  appointment  of  officers  and 
Commissioners,  under  said  ordinance,  and  to  in 
sure  secrecy,  as  against  the  enemies  of  the  coun 
try,  the  following  proceedings  were  had  by  the 
Committee : 

On  the  third  of  February,  1861,  it  was  moved, 
and  adopted  by  the  Committee,  that  all  officers, 
appointed  by  this  Committee,  should  be  elected 
by  ballot,  and  the  Commissioners  above  named 
were  so  elected. 

Monday,  4th  February,  1861. 

The  following  oath  was  proposed,  and  adopted 
by  the  Committee,  to  be  administered  to  each  of 
the  Committee,  and  all  officers  and  agents  em 
ployed  by  it: 

"  I  solemnly  swear  that  I  will  keep  secret  all 
the  councils  of  this  Committee,  and  all  their  pro 
ceedings  ;  that  I  will  also  keep  secret  all  the  or 
ders,  resolutions  and  instructions  from  them  that 
may  be  committed  to  me ;  that  I  will  not  divulge 
them  or  any  of  them,  to  any  person  vrhatever, 
unless  I  am  authorized  to  do  so  by  the  said  Com 
mittee. 

"I  further  swear  that  I  will  true  -allegiancp 
bear  to  the  State  of  Texas,  and  faithfully  execute 
the  orders  and  instructions  committed  to  me  by 
the  Convention,  so  far  as  in  me  lies,  so  help  me, 
God." 

The  Convention,  in  view  of  the  fact  that  the 
business  before  the  Committee  could  not  be  done 
during  the  sitting  of  the  Convention,  passed  the 
following  ordinance,  requiring  them  to  continue 
in  session  during  the  recess  of  the  Convention : 


Resolution  giving  Power  to  the  Committee  to  sit 

during  Recess,  etc. 

Resolved,  That  the  Standing  Committee  of  Pub. 
lie  Safety  shall  continue  in  session  during  the  re 
cess  of  this  Convention  ;  that  they  hold  their 
meetings  at  such  times  and  places  as  in  their 
judgment  the  public  interest  requires  ;  that  said 
Committee  may  grant  leave  of  absence  to  its  mem 
bers,  provided  such  leave  of  absence  shall  not  re 
duce  the  number  left  to  a  less  number  than  nine. 

Resolved,  That  said  Committee  shall  keep  a 
full  and  accurate  journal  of  their  acts,  in  a  well- 
bound  book,  and  report  the  same  to  the  Conven 
tion  on  the  reassembling  thereof  on  the  second 
day  of  March  next. 

Adopted  February  fourth,  1861. 

On  the  third  day  of  February,  1861,  the  Com- 
mittee,  having  been  informed  that  Gen.  Twiggs, 
who  was  then  in  command  of  the  Eighth  Military 
District  in  Texas,  with  headquarters  at  San  An 
tonio,  was  a  Southern  man  by  birth,  and  friendly 
to  the  cause  of  the  South,  and  would  in  all  prob 
ability  surrender  up  to  the  Convention  all  the 
Federal  property  under  his  control,  on  demand 
being  made,  passed  the  following  resolution, 
with  the  hope  that  civil  commissioners  might  ac 
complish  the  purpose  of  the  Committee,  withoi  .t 
the  display  of  an  armed  force  : 

Resolved,  That  Sam.  A.  Maverick,  Thomas  J 
Devine,  Philip  N.  Luckett  and  James  II.  Rogers, 
be  appointed  Commissioners  to  confer  with  Gen. 
D.  E.  Twiggs,  with  regard  to  the  public  arms, 
munitions  of  war,  etc.,  under  his  control,  and  be 
longing"  to  the  Government  of  the  United  States, 
with  power  to  demand  and  remove  the  sani",  in 
the  name  of  the  State  of  Texas,  and  that  said 
Commissioners  be  clothed  with  full  power  co  carry 
into  effect  the  powers  herein  delegated  arid  ro- 
tain  possession  of  such  arms,  munitions,  scores, 
etc.,  subject  to  the  order  of  the  Convention  of 
the  People  of  the  State  of  Texas,  uru  ,  e^ort  their 
acts  and  doings  in  the  premises  Vj  che  Committee 
on  Public  Safety. 

Pursuant  to  this  resolution,  t*ie  following  com- 
mision  was  issued  to  T.  J.  Irvine,  Sam.  A.  Ma 
verick,  P.  N.  Luckett,  and  James  II.  Rogers, 
clothing  them  with  authority  as  therein  set  forth, 
and  with  the  authenticated  copies  of  the  ordin 
ance  of  the  Convention  iaising  the  Committee  on 
Public  Safet}^.  ana  nothing  them  with  powers  to 
appoint  Cop.iiiiissiuners,  etc.,  and  their  authority, 
to  exhibit  cc  Gen.  Twiggs. 

STATE  OF  TEXAS,  COUNTY  OF  TKAVIS. 

B^  virtue  of  the  authority  vested  in  the  Com- 
rr:tieo  of  Public  Safety,  as  appears  in  the  forego 
mg  resolution,  adopted  by  the  Convention  of  the 
People  of  Texas,  assembled  in  the  city  of  Austin, 
on  the  twenty-eighth  day  of  January,  186J  — 

You,  T.  J.  Devine,  Samuel  A.  Maverick,  P.  N. 
Luckett,  and  James  II.  Rogers,  are  hereby  ap 
pointed  Commissioners  to  visit  Major-Gen.  T\\  iggs, 
commanding  the  Eighth  Military  Division,  sta 
tioned  at  San  Antonio,  and  confer  with  him  in  the 
j  name  and  by  the  authority  of  the  people  of  Texas 


DOCUMENTS. 


in  Convention  assembled,  to  demand,  and  receive 
and  receipt  for  all  military,  medical,  commissarv 
and  ordnance  stores  under  his  control,  within  th 
limits  of  the  State  of  Texas,  exercising  all  du 
discretion  for  the  securing  and  safe  keeping  of  th 
same.     To  be  held  by  you  without  diminution 
or  injury,  subject  to  the  order  of  the  Committe< 
of  Public  Safety,  and  in  obedience  to  the  provi 
sions  of  such  rules  or  ordinances  as  the  Conven 
tion  may  prescribe. 

Given  under  my  hand,  and  by  order  of  the 
Committee  of  Public  Safety,  at  the  city  of  Aus 
tin,  February  fifth,  1861.  J.  C.  ROBERTSON, 

Chairman  Committee  of  Public  Safety, 

[Attest]       THOMAS  J.  LUBBOCK, 
J.  A.  GREEN. 

But  lest  Gen.  David  E.  Twiggs  should  decline 
to  surrender  the  Government  property  to  the 
Commissioners,  and  delay  might  prove  fatal  to  the 
enterprise,  the  Committee  thought  it  prudent  to 
elect  Col.  Ben.  McCulloch  to  the  military  rank  of 
colonel  of  cavalry,  and  commission  him  accord 
ingly,  which  they  did.  The  following  is  a  copy 
of  his  commission : 

AUSTIN,  TEXAS,  February  3,  1861. 

The  Committee  do  hereby  appoint  you,  Ben. 
McCulloch,  military  officer,  and  order  you  to  hold 
yourself  in  readiness  to  raise  men  and  munitions 
of  war,  whenever  called  on  by  the  Commissioners 
to  San  Antonio,  and  to  be  governed  as  directed 
by  the  secret  instructions,  given  said  Commission 
ers  concerning  said  command,  and  you  will  sta 
tion  yourself  at  the  residence  of  Henry  McCul 
loch,  and  await  the  communications  of  said  Com 
missioners,  or  the  Committee  of  Public  Safety. 
J.  C.  ROBERTSON, 

Chairman  Committee  of  Public  Safety. 

The  Civil  Commissioners  to  San  Antonio,  T.  J. 
Devine  and  others,  were  also  furnished  with  se 
cret  instructions,  to  be  followed  by  them  should 
Gen.  David  E.  Twiggs  refuse  to  turn  over  to  them 
the  Government  property.  The  following  is  a 
copy  of  said  secret  instructions : 

COMMITTEE-ROOM,  AUSTIN,  February  6,  1861. 

The  Committee  met  at  nine  o'clock  A.M.  Roll 
called ;  quorum  present. 

The  following  instructions  were  presented  to 
the  Committee,  and  adopted : 

To  Messrs.  Samuel  A.  Maverick,  Thomas  J.  De- 
wine,  Philip  N'.  Luckett,  and  James  IT.  Rogers: 
GENTLEMEN  :  The  resolution  of  the  Committee 

of  Public  Safety,  by  which  you  were  appointed, 

?'ves  the  outline  of  your  authority  and  duty, 
ou  are  sensible  that  the  trust  reposed  is  of  the 
highest  responsibility,  and  involves  the  most  deli 
cate  and  important  duties.  In  the  discharge  of 
that  trust  you  will  be  governed  by  the  following 
instructions : 

I.  You  will  repair  immediately  to  San  Antonio, 
the  headquarters  of  Gen.  Twiggs,  in  command  of 
this  department.  You  will  ascertain  from  him 
his  sentiments  in  regard  to  the  existing  state  of 
aii'airs,  and  the  position  he  intends  to  occupy  in 


reference  to  the  withdrawal  of  Texas  from  the 
Federal  Union.  If  he  informs  you  that  he  in 
tends  to  remain  in  the  service  of  the  Federal  Gov- 
erment,  and  execute  its  orders  against  Texas,  no 
further  friendly  conference  with  him  will  be  de 
sirable,  and  you  will  be  governed  in  your  con 
duct  as  hereinafter  instructed;  but  if,  on  tho 
other  hand,  he  should  express  a  determination 
not  to  remain  in  the  service  of  the  Federal  Gov 
ernment  after  the  fourth  of  March  next,  then 

II.  You  will  learn   from  him   the   terms  and 
conditions  upon  which  he  will  render  up  to  the 
people  of  Texas  the  arms  and  public  property 
under  his  control  in  Texas,  or  if  he  should  sug 
gest  to  you  a  plan  for  the  peaceable  accomplish 
ment  of  that  object,  you  are  directed  to  adopt  and 
observe  such  suggestions,  if  deemed  by  you  prac 
ticable,  and  act  in  accordance  with  it.     If,  how 
ever,  he  should  decline  suggesting  any  plan  of  ac 
tion,  you  will  then, 

III.  Demand  of  him  in  the  name  and  by  the 
authority  of  the  sovereign  people  of  the  State  of 
Texas,  a  surrender  of  all  the  arms  of  every  de 
scription,  including  quartermaster,  commissaries, 
ordnance  and  medical  stores,  and  military  stores 
of  every  description,  and  money  and  everything 
else  under  his  control  belonging  to  the  Federal 
Government. 

IV.  Should  a  display  of  force  become  necessa 
ry  in  order  to  make  the  demand,  you  will  direct 
Col.  Ben.  McCulloch  to  call  out  and  take  the  com 
mand  of  such  force  of  the  volunteer  and  minute 
men  of  the  State  as  will  be  necessary  for  that  pur- 
3ose,  and  then  repeat  the  demand ;  and,  then,  if 
;he  demand  should  be  complied  with,  you  will 
;ake   charge  of  everything  turned   over  to  you, 
taking  a  complete  inventory,  and   executing  all 
necessary  receipts.     You  will  do   everything  in 
your  power  to  avoid  any  collision  with  the  Feder- 
il  troops,  and  to  effect  the  peaceable  accomplish 
ment  of  your  mission,  and  for  this  purpose  he 
shall  obey  your  instructions. 

V.  If  Gen.  Twiggs  should  indicate  a  desire  not 
o  turn  over  to  you  such  military  stores,  arms, 

and  other  public  property,  until  after  the  second 
>f  March  next,  but  a  readiness  to  do  so  then,  you 
will  then  enter  into  an  agreement  to   the   effect 
;hat  everything  under  his  command  shall  remain 
n  "statu  quo"  until  that  period — that  no  move- 
nent,  change  of  position  or  concentration  of  the 
roops  under  his  command  will  be  allowed,  that 
none  of  the  arms,  ordnance,  commissary  or  mili- 
ary  stores  or  other  property  shall  be  removed 
>r  disposed  of.     If  he  refuses  to  make  such  ar 
rangements,  you  will  see  that  no  such  movement, 
hange,  concentration  or  removal,  shall  take  place, 
ind  you  are   authorized  to  use   every  means  to 
>revent  the  same. 

VI.  If,  after  conferring  with  Gen.  Twiggs,  you 
hould  be  of  opinion  that  military  force  is  neces- 
ary,  you  will  immediately  proceed  to  assemble 
he  same  and  communicate   by  express   to  this 
Committee.     Should  the  property  be  turned  over 
o  you,  you  will  employ  all  the  necessary  clerks 
,nd  other  persons  to  take  charge  of  the  same. 

You  will  also  raise  a  military  force  of  volunteers 


114 


REBELLION  RECORD,  1860-61. 


or  minute  men,  to  guard  the  same  safely  while  it 
shall  be  controlled  by  you. 

You  are  instructed  to  take  the  most  special  care 
that  nothing;  shall  be  wasted  or  destroyed,  but 
that  everything  be  faithfully  guarded  and  held  for 
the  use  of  the  State,  and  to  be  accounted  for. 

Whatever  military  force  that  shall  be  raised, 
must  be  kept  in  strict  subordination  ;  and  no  vio 
lation  of  person  or  property  of  any  person  must 
under  any  circumstances  be  allowed. 

If,  after  your  arrival  at  San  Antonio,  circum 
stances  shall  occur  which  are  not  covered  by  the 
foregoing  instructions,  you  will  immediately  re 
port  to  the  Committee  for  further  orders,  unless 
they  be  so  urgent  as  not  to  admit  of  delay,  in 
which  event  you  must  use  your  discretion,  but 
immediately  report  your  course  of  action. 

You  will  take  all  pains  to  ascertain  the  tone 
and  temper  of  the  officers  and  men  of  the  Federal 
army,  and  may  give  them  the  assurance  of  the 
influence  of  Texas  in  securing  to  them  the  same 
or  higher  grades  in  the  service  of  the  Southern 
Confederacy,  as  those  now  held  by  them,  if  they 
are  inclined  to  accept  the  same. 

Take  every  pains  to  conciliate  them  and  attach 
them  in  sentiment  to  the  cause  of  Texas  and  the 
South. 

You  will  avoid  every  appearance  of  making  a 
proposal  to  Gen.  Twiggs,  or  any  other  officer  un 
der  his  command,  which  would  wound  a  soldier's 
pride  and  honor.  They  should,  however,  be  re 
minded  that  they  have  been  stationed  in  Texas 
for  the  protection,  and  not  the  subjugation  of  her 
people,  and  that  patriotism  is  incompatible  with 
warring  against  the  liberties  of  their  fellow-citi 
zens. 

You  are  specially  charged,  in  the  performance 
of  the  service  assigned  you,  that  you  will  do 
nothing  that  will  conflict  with  the  powers  herein 
conferred.  You  will  from  time  to  time  make  full 
and  complete  reports  to  this  Committee. 

J.   C.  ROBERTSON, 

Chairman  Committee  of  Public  Safety. 

Vested  with  the  authority  contained  in  the 
commission  and  secret  instructions,  three  of  the 
Commissioners,  to  wit:  T.  J.  Devine,  Sam  Ma 
verick,  and  N.  P.  Luckett,  on  the  sixth  day  of 
February,  set  out  for  San  Antonio.  On  the  eighth 
of  February,  said  Commissioners  forwarded  by 
express  to  the  Committee,  the  following  commu 
nication  : 

SAN  ANTONIO,  February  8, 1861. 

J.   C.  Robertson,  Esq.,  Chairman  Committee  of 
Public  Safety  : 

The  undersigned,  in  accordance  with  their  in 
structions,  called  on  Gen.  D.  E.  Twiggs,  and  by 
his  request  met  him  at  two  o'clock  this  afternoon ; 
and,  in  presence  of  Major  Nichols,  we  stated  our 
mission  and  presented  our  credentials,  (which 
Gen.  Twiggs  did  not  ask  or  evince  the  slightest 
desire  to  have  read  to  him,  or  even  to  look  at,) 
and  carried  out  our  interview  in  accordance  with 
the  letter  and  spirit  of  our  instructions  as  nearly 
as  practicable. 
,  Gen,  Twiggs  expressed  himself  strongly  in  fa* 


vor  of  Southern  Rights,  and  caused  copies  of  his 
letters  to  the  War  Department  to  be  read  to  the 
Committee,  in  which  he  asserts  that  he  will  not 
be  instrumental  in  bringing  on  civil  war,  and  a 
great  deal  more  in  that  line  which  may  mean 
something  or  nothing,  according  to  circumstance, 
and  he  very  significantly  asserted  that  we  had 
not  seceded. 

He  expressed  a  willingness  to  keep  everything 
under  his  control  as  it  now  is,  until  the  second  of 
March  next,  and  would  give  us  information  if  he 
should  be  superseded ;  and,  in  the  event  of  the 
State  being  in  favor  of  secession,  would,  on  de 
mand  made  by  the  Convention,  deliver  all  up,  but 
expressed  a  fixed  determination  to  march  the 
troops  under  his  command  out  with  all  their 
arms,  transportation  facilities,  and  extra  clothing 
to  be  delivered  to  them,  etc. 

The  undersigned,  after  considerable  conversa 
tion  on  the  subject  of  their  mission,  retired  for 
consultation ;  and  being  desirous  of  avoiding,  if 
possible,  the  necessity  for  collecting  a  force  around 
the  city,  for  the  purpose  of  compelling  a  delivery, 
Mr.  Maverick  was  deputed  to  obtain  from  the 
General  a  statement,  in  writing,  of  what  he  was 
willing  to  do,  in  the  hope  that  it  would,  under 
our  instructions,  be  admissible.  He  refused  to 
make  any  statement  or  give  any  pledge  in  writing. 

Upon  ascertaining  this  fact,  we  determined  to 
send  an  express,  without  delay,  to  Col.  Ben. 
McCulloch,  to  bring  as  large  a  force  as  he  may 
deem  necessary,  and  as  soon  as  possible,  to  San 
Antonio. 

The  substance  of  Gen.  Twiggs's  conversation  or 
verbal  offer  was  this :  "  That  he  will  hold  things 
as  they  are,  and  will,  if  in  command  on  the  second 
of  March  next,  deliver  to  the  Commissioners  all 
the  public  property  that  is  not  desirable  or  con 
venient  for  him  to  carry  away  on  or  after  that 
time." 

He  professed  great  admiration  for  the  man 
hood,  soldiership  and  patriotism  of  Gen.  Scott, 
and  is  evidently  inclined  to  imitate  him  in  the 
present  crisis  in  many  respects. 

He  is,  no  doubt,  a  good  Southern  man,  as  far 
as  hatred  to  Black  Republicanism  can  make  a 
man  such.  There  is,  however,  a  higher  element 
than  hatred.  We  do  not  know  to  what  extent 
that  sentiment  prevails  with  Gen.  Twiggs,  but 
we  are  of  opinion  that  Gen.  Twiggs  will  not  per 
mit  it  to  interfere  with  what  he  believes  to  be 
due  to  himself. 

He  spoke,  during  the  interview,  of  his  feeble 
health ;  of  his  having  received  an  offer  from  Geor 
gia  for  a  command  in  that  State,  and  of  his  having 
refused  it  on  the  ground  of  ill-health.  He  referred 
to  the  great  expenditure  of  the  army,  exclusive  of 
the  pay  of  the  troops — said  it  is  more  than  a  mil 
lion  and  a  half — and  enquired  where  Texas  could 
obtain  means  to  meet  that  outlay,  which  she  would 
lose  by  seceding.  These,  and  other  remarks  on 
the  question,  by  him,  forced  a  somewhat  unwill 
ing  conviction  on  the  minds  of  the  undersigned, 
that  he  was  decidedly  averse  to  the  secession  of 
Texas.  He  mentioned  the  omission  of  Capt.  Ross 
to  do  full  justice  to  Serg't  Spangler,  and  the  omis- 


DOCUMENTS. 


115 


Bion  of  Gov.  Houston  to  give  credit  to  Major  Van 
Porn  for  his  success  in  the  Comanche  fight,  an 
remarked  that  these  were  indications  of  the  tern 
per  of  Texas  towards  the  officers  and  men  of  th 
army.     The  conclusion  we  have  arrived  at  is  this 
That  we  must  obtain  possession  of  that  which 
now  belongs  to  Texas  of  right  by  force,  or  such 
a  display  of  force  as  will  compel  a  compliance 
with  our  demands,  and  that  without  an  hour's 
unnecessary  delay.     In  all  these  movements,  ce 
lerity,  secrecy  and  strength,  should  be  our  motto 
If  there  are  any  men  to  spare  on  or  near  th( 
Colorado,  we  think  it  would  be  well  for  them  in 
as  large  numbers,   and  as   speedily  as  possible, 
to  move  towards  the  city,  to  support,  if  necessa 
ry,  Col.  McCulloch's  movements.     Whatever  is 
to  be  done  up  north,  it  is  well  should  be  done 
speedily.     You  had  better  inquire  of  Messrs.  Hal 
and  Hyde,  of  the  Legislature,  the   condition  ol 
Forts  Bliss  and  Quitman ;  as  the  men  and  muni 
tions  in  those  Forts  could  be  moved,  without  de 
lay,  to  New-Mexico — giving  to  the  Federal  Gov 
ernment,  at  Washington,   a  large  body  of  troops 
to  hold  that  country  against  the  Southern  move 
ment,  and  thus  build  up  a  Free  State  to  injure 
and  annoy  us  in  the  not  very  remote  future.     By 
referring  to  the  enclosed  order,  you  will  perceive 
Gen.  Twiggs  is  preparing  for  a  move.     We  are 
decidedly  of  the  opinion,  for  the  reasons  set  forth, 
with  reference  to  New-Mexico,  that  it  will  be  un 
wise  to  permit  a  single  company  of  United  States 
troops  to  march  from  any  portion  of  Texas  into 
New-Mexico.     If  the  officers  are   determined  to 
carry  them  to  aid  Lincoln's  Government,  let  them 
go  by  the  way  of  the  coast,  or  we  can  disband 
them,  if  we  so  decide.     We  repeat  it,  we  must 
not  let  a  single  company  from  Fort  Bliss  to  Fort 
Brown,  leave  the  State  by  the  Kansas,  New-Mexi 
co,  or  any  other  route,  save  the  coast. 

The  Captain  commanding  the  Ordnance  De 
partment,  at  this  point,  is  not  friendly  to  our  cause. 
He  is  said  to  be  in  possession  of  about  forty  thou 
sand  dollars,  for  the  construction  of  the  United 
States  Arsenal.  What  do  you  suggest  respect 
ing  his  being  compelled  to  deliver  it  up,  if  in  his 
possession,  and  what  course  do  you  suggest  in 
the  premises  ? 

We  would  like  to  have  any  suggestions  or  in 
structions  you  may  consider  necessary.    We  would 
adhere  to  them,  if  circumstances  demanded  it,  (if 
in  our  power ;)  if  not,  we  will  do  what  the  emer 
gencies  of  the  hour  demand,  doing  what  we  be 
lieve  to  be  our  duty,  and  leaving  the  consequences 
to  God.         In  haste,  we  remain  yours,  etc., 
THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT. 

On  the  ninth  of  February,  the  Committee  for 
warded,  by  express,  the  following  instructions  to 
Col.  Ben.  McCulloch,  the  military  commander,  in 
addition  to  those  contained  in  the  secret  instruc 
tions  to  the  Commissioners.  It  was  thought  pru 
dent  and  expedient  to  enlarge  his  sphere  of  ac 
tion,  since  it  was  now  evident  that  he  was  called 
into  the  field. 


To  Col.  Ben.  McCulloch: 

SIR  :  Having  received  information  that  the  Com 
missioners,  Sam.  A.  Maverick,  and  others,  sent 
to  San  Antonio,  to  confer  with  Gen.  Twiggs,  have, 
under  their  instructions,  called  you  into  the  field, 
the  Committee  have  resolved  to  confer  upon  you 
the  military  commission  of  Colonel  of  cavalry,  to 
date  as  of  the  third  inst,  in  the  District  embrac 
ing  a  point  on  the  Rio  Grande,  half-way  between 
Forts  Duncan  and  Mclntosh,  and  with  the  fron 
tier  to  Fort  Chadbourne,  including  San  Antonio 
and  all  intermediate  posts ;  and  in  addition  to  the 
instructions  given  to  the  Commissioners  hereto 
fore,  (with  whom  you  are  advised  freely  to  confer 
on  all  subjects  of  interest  as  far  as  possible,)  you 
are  instructed  that  should  it  be  deemed  advisable 
to  retain  any  portion,  or  all  of  the  Federal  troops, 
in  your  District,  in  the  temporary  service  of  the 
State,  you  can  do  so ;  and  assure  them  that  Texas 
will  use  her  best  endeavors  with  the  Southern 
Confederacy  to  be  formed,  to  have  them  incorpo 
rated  into  the  army  of  said  Confederacy,  with  the 
same  rank  now  held  by  them. 

In  case  any  or  all  of  them  should  express  a  de 
sire  to  depart  from  the  country  peaceably,  you  maj 
permit  them  so  to  do,  upon  such  terms  as  will 
lot  dishonor  them,  and  as  will  insure  the  public 
safety,  and  in  such  manner  as  will  insure  safety 
to  their  persons  and  property.  The  Committee 
also  desire,  that  the  Commissioners  will,  under 
;he  powers  heretofore  given  them,  furnish  such 
aid  and  assistance,  as  may  be  deemed  necessary. 

In  all  other  matters,  not  contained  in  these'or 
;he  previous  instructions,  you  will  observe  your 
)est  judgment  and  discretion  in  any  emergency 
which  may  present  itself. 

Any  information  that  you  may  desire  to  give 
o  the  Committee,  will  be  expressed  to  John  C. 
Robertson,  Galveston,  Texas. 

JOHN  C.  ROBERTSON, 

Chairman  Committee  of  Public  Safety. 

Attest]  R.  T.  BROWNRIGG, 

Secretary  to  Committee. 

On  the  tenth  February,  said  Commissioners  to 
San  Antonio,  sent  the  following  communication 
o  the  Committee : 

SAN  ANTONIO,  Feb.  10, 1S61. 
Tohn  C.  Robertson,  Chairman  Committee  of  Pub 
lic  Safety : 

DEAR  SIR:  We  have  nothing  to  communicate 
ince  our  letter  of  the  eighth,  unless  it  be  the  re- 
eipt  of  a  communication  from  Col.  McCulloch, 
nforming  the  undersigned  of  his  having  received 
>ur  communication,  and  that  he  expected  to  be 
,t  or  near  Seguin  on  the  thirteenth  or  fourteenth, 
vith  whatever  force  he  could  raise. 

After  despatching  our  communication  to  you, 

ve  determined  if  possible  to  prevent  the  necessity 

f  resorting  to  a  display  of  force  around  this  city ; 

nd  with  that  object  in  view,  we  again  communi- 

,ated  with  General  Twiggs  in  writing,  requesting 

from  him  a  written  statement  of  what  he  was 

willing  to  do.     The  answer  to  this  was  an  order 

o  Major  Vinton,  Major  Macklin,  and  Capt.  White- 

ey,  to  confer  with  the  undersigned  to  transact 


116 


REBELLION  RECORD,  1860-61. 


such  business  as  relates  to  the  disposition  of 
public  property.  On  the  receipt  of  this  commu 
nication,  on  the  morning  of  the  ninth,  we  replied 
that  we  would  ireet  the  military  commission  at 
twelve  o'clock  that  day,  at  such  place  as  they 
might  designate,  and  if  that  hour  did  not  suit 
their  convenience,  then  at  such  time  and  place  as 
they  might  designate  that  afternoon.  The  an 
swer  expressed  a  desire  to  meet  the  Committee 
at  Gen.  Twiggs's,  at  ten  o'clock  A.M.,  on  the  elev 
enth.  We  will  to-morrow  present  our  request  in 
writing,  and  the  answer  will  enable  the  Commit 
tee  to  judge  with  a  reasonable  certainty  whether 
the  whole  preceeding  is  not  intended  for  delay, 
until  Gen.  Twiggs  can  call  in  several  companies 
from  the  outposts,  and  the  additional  reenforce- 
ments  of  several  soldiers  en  route  with  a  provi 
sion-train  from  the  coast  for  Arizona.  Upon  one 
point  Gen.  Twiggs  is  fixed,  and  apparently  unal 
terable,  that  is,  that  the  troops  in  Texas  under 
his  command,  shall  retain  all  their  arms,  with 
the  means  to  carry  them  out  of  the  State. 

What  do  you  think  of  that  ?  Please  give  the  views 
of  the  Committee  on  this  and  every  other  subject 
connected  with  our  mission,  as  fully  and  speedily 
as  possible.  We  again  repeat,  that  it  is  not  de 
sirable  that  a  single  company  of  United  States 
troops  shall  move  to  New-Mexico  or  Arizona.  If 
the  troops  of  the  Northern  Government  con 
centrate  in  either  of  those  territories,  we  be 
lieve,  from  their  peculiar  position,  that  it  will  fix 
their  status  as  "free  soil"  territories,  and  leave 
us  a  nest  of  hornets  to  deal  with  in  future. 

We  will  require  means  for  the  subsistence  of 
the  troops  that  may  be  called  out  by  Gen.  Mc- 
Culloch,  or  from  this  city  and  vicinity ;  we  desire 
some  information  on  this  point,  as  your  Commit 
tee  must  be  aware  that  the  readiness  with  which 
the  necessary  expenses  are  met  in  the  commence 
ment,  may  have  a  salutary  influence  in  many 
respects  upon  our  cause  in  the  future. 

If  there  is  any  action  had,  or  information  ob 
tained  respecting  the  northern  posts,  it  might  be 
desirable  that  we  should  be  put  in  possession  of 
such  information,  as  it  may  influence  our  action 
materially.  Very  respectfully 

THOS.  J.  DEVINE, 
S.  A.  MAVEKICK, 
P.  N.  LUCKETT. 

To  this  roramunication  the  Chairman  of  the 
Committee  ^.turned  the  following  answer,  which 
met  with  the  approbation  of  the  Committee : 

AUSTIN,  TEXAS,  February  12, 1861. 

Tkoma*  J.  Devine,  S.  A.  Maverick,  P.  N.  Luck- 

ett,  Commissioners. 

GENTLEMEN  :  Your  letter  bearing  date  of  the 
tenth  insi,  to  me,  has  been  received.  In  view 
of  the  Committee's  departure  this  afternoon,  for 
Galveston,  they  cannot  be  got  together,  even  if  it 
were  necessary.  The  result  of  the  action  of  the 
Committee  on  tho  nubjects  contained  in  this  com 
munication,  I  think  is  full,  and  hope  will  meet 
your  views.  The  Committee  do  not  desire  to 
dishonor  the  a/my,  by  requiring  anything  of 
them  which  wjuld  seem  to  do  so.  If  you  have 


to  resort  to  force,  (actual,)  and  are  successful, 
then  we  suppose,  of  course,  they  would  be  van 
quished  and  submit  to  your  terms;  but  if  you 
treat  with  them  as  gentlemen,  as  equals,  of  course 
we  would  not  desire  anything  dishonorable  to  be 
yielded  by  them.  But  this  is  mere  speculation 
on  my  part.  The  instructions,  we  think,  will 
meet  with  your  views ;  if  not,  you  have  a  large 
discretion.  As  to  whether  they  should  be  per 
mitted  to  go  out  into  Arizona  and  New-Mexico, 
the  Committee  have  very  wisely  left  that  matter 
discretionary  with  you.  It  is  the  opinion,  how 
ever,  of  some  of  the  Committee,  that  it  can  make 
but  little  difference  in  which  direction  they  leave 
the  country. 

It  is  suggested  that  they  might  land  below  the 
mouth  of  the  Rio  Grande,  and  travel  up  into  Ari 
zona  and  New-Mexico ;  beside,  if  it  is  the  policy 
of  the  United  States  of  the  North  to  concentrate 
a  force  in  those  territories,  we  could  not  prevent 
it  by  requiring  these  to  go  by  way  of  the  coast. 
It  is  a  matter  of  some  importance  to  know  how 
they  could  subsist  in  those  territories  at  this 
time.  The  productions  of  those  territories  could 
not  subsist  them  a  week  without  ruin  to  the  few 
who  are  there.  Many  of  the  Committee  do  not 
think  Gen.  Twiggs  so  recklessly  regardless  of  his 
native  South,  as  to  inaugurate  a  guerrilla  warfare 
upon  her  border.  But,  gentlemen,  you  are  in  the 
midst  of  the  circumstances,  and  can  best  judge 
of  what  to  do.  Relying  upon  your  wisdom  and 
prudence,  we  leave  it  with  you. 

We  wTill  start  to-day  for  Galveston,  where  we 
hope  to  get  some  money,  and  if  successful,  we  will 
promptly  express  a  part  to  you. 

In  behalf  of  the  Committee  I  assure  you  of  our 
sincere  desire  for  your  success  in  your  patriotic 
enterprise,  and  of  our  personal  regard  for  each  of 
you. 

I  have  the  honor  to  remain  your  obedient  serv 
ant,  JOHN  C.  ROBERTSON, 

Chairman  Committee  of  Public  Safety. 

The  Committee  remained  in  painful  suspense, 
and  looked  with  no  ordinary  anxiety  for  the  next 
news  from  said  Commissioners  and  from  Colonel 
McCulloch,  believing,  as  they  did,  that  a  conflict 
was  inevitable.  The  Committee  felt  many  gloomy 
forebodings ;  not  that  they  doubted  the  result  of 
the  conflict,  for  they  had  every  confidence  in  tho 
gallantry  and  chivalry  of  the  Texas  volunteers, 
and  in  the  military  skill,  prudence  and  bravery 
of  the  officer  in  command.  The  Committee  like 
wise  drew  great  consolation  from  their  reliance 
upon  the  prudence  and  wisdom  of  the  Commis 
sioners.  The  Committee  were  happily  relieved 
by  the  following  communication  from  the  Com 
missioners,  which  is  submitted  with  the  accom 
panying  documents. 

SAM  ANTONIO,  February  18,  1862. 

Hon.  J.  C.  Robertson,   Chairman  of  Committee 

of  Public  Safety  : 

SIR  :  We  have  at  last  completed  the  principal 
part  of  the  business  confided  to  our  management 

Incur  communication  of  the  eighth  inst,  we  in 
formed  you  that  we  had  called  in  the  aid  of  the  vol- 


DOCUMENTS. 


117 


unteer  force  under  Col.  Ben  McCulloch ;  he  arriv 
ed  on  the  Salado,  five  miles  from  this  city,  on  the 
evening  or  night  of  the  sixteenth  inst,  with  about 
five  hundred  men,  and  marched  into  town  about 
four  o'clock  P.M.,  with  about  one  half  of  his  force, 
when  he  was  joined  by  about  one  hundred  and 
fifty  K.  G.  Cs.,  and  about  the  same  number  of  citi 
zens  who  were  not  members  of  the  order,  and 
about  the  same  number  from  the  Medina,  Atas- 
cosa,  and  the  country  west  of  this  city.  At  five 
o'clock  the  men  were  in  positions  around  the  Ar 
senal,  the  Ordnance,  the  Alamo,  and  the  quarters 
in  the  Commissary  buildings  occupied  by  one 
company  of  the  Federal  troops,  and  at  the  same 
time,  the  tops  of  the  buildings  commanding  the 
Arsenal  and  ordnance  ground  were  occupied. 

We,  in  accordance  with  our  instructions,  repeat 
ed  the  demand,  and  after  a  considerable  delay, 
came  to  an  arrangement  with  Gen.  Twiggs,  the 
substance  of  which  was,  that  the  United  States 
troops  in  San  Antonio — one  hundred  and  sixty  in 
number — should  surrender  up  the  position  held 
by  them,  and  that  all  public  property  under  the 
command  of  the  officer  in  San  Antonio  to  be  de 
livered  over  to  the  undersigned  —  the  troops  to 
retain  their  side-arms,  camp  and  garrison  equi 
page,  and  the  facilities  for  transportation  to  the 
coast,  to  be  delivered  on  their  arrival  at  the  coast. 

This  morning  we  effected  an  arrangement  with 
Gen.  Twiggs,  by  which  it  is  agreed  that  all  forts 
in  Texas  shall  forthwith  be  delivered  up,  the 
troops  to  march  from  Texas  by  way  of  the  coast, 
the  cavalry  and  infantry  to  retain  their  arms,  the 
artillery  companies  being  allowed  to  retain  two 
batteries  of  light  artillery  of  four  guns  each,  the 
necessary  means  of  transportation  and  subsist 
ence  to  be  allowed  the  troops  on  their  march  to 
wards  the  coast  ;  all  the  public  property  to  be  de 
livered  up.  We  might,  possibly,  have  retained 
the  guns  at  Fort  Duncan  by  a  display  of  force, 
which  display  of  force  would  have  cost  the  State 
eight  times  the  value  of  the  batteries  of  light  ar 
tillery.  Your  instructions,  however,  counselled 
avoiding  collision  with  the  Federal  troops,  if  it 
could  be  avoided.  General  Twiggs  having  re 
peatedly  asserted,  in  the  presence  of  the  military 
commission  and  ourselves,  that  he  would  die  be 
fore  he  would  permit  his  men  to  be  disgraced  by 
a  surrender  of  their  arms  ;  that  the  men  under 
his  command  had  never  been  dishonored  or  dis 
graced,  and  they  never  should  if  he  could  help  it. 

By  this  arrangement,  at  least  thirteen  hun 
dred  thousand  of  property  will  belong  to  the 
State,  the  greater  portion  of  which  would  be 
otherwise  destroyed  or  squandered.  By  this  ar 
rangement  we  are  freed,  without  bloodshed  or 
trouble,  from  the  presence  of  the  Federal  troops ; 
they  cannot  go  to  New-Mexico  or  Kansas,  to  fix 
free-soilism  on  the  one,  or  to  be  the  nucleus  of  a 
Northern  army  on  the  other,  to  menace  our  fron 
tier  in  the  future. 

The  labor  performed  by  the  undersigned  in  the 
business  undertaken  by  them,  has  been  neither 
light  nor  pleasant ;  we  have  adhered  to  the  letter 
and  the  spirit  of  our  instructions,  and  exer  ;ised  our 


discretion  only  when  it  became  absolutely  neces 
sary.  We  had  some  anxious  hours  resting  upon 
us  from  the  time  the  volunteer  force  commenced 
closing  around  the  city  until  after  the  surrender 
of  the  posts  held  by  the  Unite\l  States  troops. 
Our  force  must  have  been,  at  eight  o'clock  A.M., 
not  less  than  one  thousand  one  hundred  men  un 
der  arms,  and  a  more  respectable  looking  or  or 
derly  body  of  men  than  the  volunteer  force,  it 
would  not  be  easy  to  find.  We  have  taken  meas 
ures  to  secure  the  public  property,  and  have  au 
thorized  Major  Sackfield  Macklin,  Paymaster 
U.  S.  A.,  and  who,  as  you  will  perceive  by  the  army 
list,  stands  high  upon  the  same,  to  act  as  Adjutant 
and  Inspector-General  and  Chief  of  Ordnance, 
combining  the  business  of  three  departments  in 
one.  This  economises  expense,  and  gives  the 
State,  for  the  present,  the  services  of  a  man  com 
petent  to  the  duties  assigned  him,  capable  of  pre 
venting  the  confusion  and  consequent  loss  that 
would  fall  upon  the  State  by  the  appointment  of 
an  incompetent  person.  Major  Macklin  is  a  true 
Southern  man,  he  resigns  his  commission  in  the 
Federal  army,  giving  up  an  income  from  that  Gov 
ernment  of  nearly  four  thousand  dollars  per  an 
num.  We  address  him  as  colonel,  for  the  pur 
pose  of  giving  him  an  honorable  stand  in  his  ex 
pectations  or  claims  upon  the  Southern  Confeder 
acy,  in  some  future  military  appointment.  His 
appointment  by  the  undersigned  lasts  until  set 
aside  by  you  or  the  Convention's  order.  Please  let 
us  know  whether  you  approve  of  this  action.  Capt. 
Reynolds  has  been  acting  as  Asst. -Quartermaster, 
at  San  Antonio ;  he  will  resign  his  commission  as 
captain  in  the  United  States  army.  We  have,  for 
the  same  reasons  set  forth  in  Major  Macklin's 
case,  appointed  him  Chief  Quartermaster,  and 
have  combined  with  the  former  duties  the  labor 
of  the  commissary  department,  which  has  hereto 
fore  had  a  first  and  second  assistant  commissary. 
We  have  likewise  consolidated  with  his  duties,  the 
office  of  military  store-keeper,  narrowing  down 
the  expense  as  much  as  possible.  A  building, 
rented  by  the  United  States  Government  as  a 
commissary  department,  soldiers'  quarters,  gen 
eral  staff,  etc.,  we  have  determined  to  release  the 
State  from  any  liability  for,  as  the  commissary 
stores  can  be  stored  in  the  Alamo  buildings :  said 
buildings  rent  for  six  thousand  dollars  a  year.  In 
furnishing  the  United  States  troops  transporta 
tion  facilities,  the  officers  representing  the  State 
will  be  busily  employed  for  some  time.  When 
we  can  obtain  a  breathing  spell,  we  will  go  further 
into  details,  we  will  select  agents  to  give  receipts 
and  hold  the  public  property  left  at  the  posts, 
until  otherwise  directed. 

We  remain,  respectfully,  etc., 

THOMAS  J.  DEVINE, 
S.  A.  MAVERICK. 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Committee 
of  Public  Safety. 

The  following  report  from  Col.  Ben  McCullocb 
is  herewith  also  submitted : 


118 


REBELLION   RECORD,  1860-61. 


HEADQUARTERS  MIDDLE  DIVISION  STATE  FORCES,  ) 
SAN  ANTONIO,  TEXAS,     J 

Son.  J.    C.  Robertson,  Chairman  of  Committee 

of  Public  Safety  : 

SIR  :  On  the"  receipt  of  the  order  of  the  Com 
missioners,  calling  on  me  to  raise  men  for  the 
purpose  of  securing  the  property,  arms,  etc.,  of 
the  United  States,  at  San  Antonio,  immediately  I 
proceeded  to  take  steps  to  collect  such  a  force  as 
would  be  sufficient  to  accomplish  the  purpose. 
To  Texans,  a  moment's  notice  is  sufficient,  when 
their  State  demands  their  services. 

On  the  night  of  the  fifteenth  inst.,  by  twelve 
o'clock,  a  force  of  near  four  hundred  men,  from 
the  adjacent  counties,  had  assembled  on  the 
Rio  Salado.  At  three  o'clock  A.M.,  sixteenth,  we 
took  up  the  line  of  march  for  the  city.  At  four 
o'clock,  when  near  the  suburbs,  ninety  men  were 
ordered  to  dismount  and  enter  the  city  on  foot, 
when  I  posted  them  in  such  positions  as  com 
manded  those  occupied  by  the  Federal  troops; 
the  main  body  came  in  on  horseback ;  at  day 
light,  several  volunteer  companies  of  San  An 
tonio  turned  out  promptly,  and  cooperated  with 
us  to  aid  the  State.  Orders  were  given  to  the 
troops  under  my  command,  not  to  fire  until  fired 
upon.  In  a  very  short  time  it  was  ascertained 
that  no  resistance  would  be  offered.  The  Federal 
troops  were  requested  to  keep  within  their  quar 
ters  until  the  Commissioners  should  agree  upon 
the  terms  by  which  th.e  arms  and  other  property 
of  the  Federal  Government  should  be  surrendered 
to  the  State. 

This  was  decided  by  the  Commissioners  and 
Gen.  Twiggs,  before  twelve  M.  :  wherefore  I  in 
stantly  informed  the  forces  under  my  command 
of  the  fact,  and  of  there  being  no  necessity  for 
their  remaining  away  from  their  ploughs  and 
other  peaceful  avocations.  They  left  immediately 
for  their  homes,  conscious  of  having  rendered  ser 
vice  to  their  State,  and  giving  offence  to  no  one 
save  her  enemies. 

To  make  distinctions,  where  all  acted  so  nobly, 
would  be  as  unwise  as  unjust ;  but  I  cannot  re 
frain  from  expressing  my  thanks  to  all  for  their 
gallant  and  prompt  response  to  the  call  of  their 
State,  and  my  admiration  for  their  orderly  con 
duct  whilst  we  held  the  city. 

Having  performed  the  duty  assigned  me  by  the 
enclosed  order,  I  now  report  myself  ready  to 
perform  such  service  as  shall  be  assigned  me  by 
your  Committee  or  the  Commissioners  appointed 
by  you.  The  Commissioners  having  very  kindly 
relieved  me  of  many  duties  common  to  officers 
commanding ;  it  being  my  duty  only  to  organize 
and  command  such  forces  as  may  be  necessary 
to  secure  and  guard  the  public  property  in  my 
division,  in  charge  of  persons  appointed  by  the 
Commissioners  to  receive  the  same  from  the  Fede 
ral  officers. 

I  have  this  day  appointed  W.   T.  Meckling, 
my  Assistant- Adjutant  General,  with  the  rank  of 
captain.         I  am,  sir,  very  respectfully, 
Your  obedient  servant, 

BEN  McCuLLOCH, 

Colonel  Commanding. 


HEADQUARTERS  DEPARTMENT  OF  TEXAS,  } 
SAN  ANTONIO,  February  18,  1861.        f 

GENERAL  ORDERS  No.  5. 

The  State  of  Texas  having  demanded  through 
its  Commissioners,  the  delivery  of  military  posts 
and  public  property  within  the  limits  of  this  com 
mand  ;  and  the  Commanding  General  desiring  to 
avoid  even  the  possibility  of  a  collision  between 
the  Federal  and  State  troops ;  the  posts  will  be 
evacuated  by  their  garrisons,  and  these  will  take 
up,  as  soon  as  the  necessary  preparations  can  be 
made,  their  line  of  march  out  of  Texas  by  way 
of  the  coast — marching  out  with  their  arms,  (the 
light  batteries  with  their  guns,)  clothing,  camp 
and  garrison  equipage,  quartermaster's  stores, 
subsistence,  medical  hospital  stores,  and  such 
means  of  transportation  of  every  kind,  as  may 
be  necessary  for  an  efficient  and  orderly  move 
ment  of  the  troops,  prepared  for  attack  or  defence 
against  aggressions  from  any  source.  The  troops 
will  carry  with  them  provisions  as  far  as  the 
coast. 

By  order  of  Brevet  Major-Gen.  Twiggs. 
U.  A.  NICHOLS, 

Assistant  Adjutant-General. 
SAN  ANTONIO,  February  18,  1861. 

The  undersigned,  Commissioners  on  the  part 
of  the  State  of  Texas,  fully  empowered  to  exer 
cise  the  authority  undertaken  by  them,  have 
formally  and  solemnly  agreed  with  Brevet  Major- 
Gen.  David  E.  Twiggs,  United  States  Army,  com 
manding  the  Department  of  Texas,  that  the  troops 
of  the  United  States  shall  leave  the  soil  of  the 
State  by  the  way  of  the  coast ;  that  they  shall 
take  with  them  the  arms  of  the  respective  corps, 
including  the  battery  of  light  artillery  at  Fort 
Duncan,  and  the  battery  of  the  same  character 
at  Fort  Brown  ;  and  shall  be  allowed  the  neces 
sary  means  for  regular  and  comfortable  move 
ment,  provisions,  tents,  etc.,  etc.,  and  transporta 
tion. 

It  is  the  desire  of  the  Commission,  that  there 
be  no  infraction  of  this  agreement  on  the  part  of 
the  people  of  the  State.  It  is  their  wish  on  the 
contrary,  that  every  facility  shall  be  afforded  the 
troops.  They  are  our  friends.  They  have  here 
tofore  afforded  to  our  people  all  the  protection  in 
their  power,  and  we  owe  them  every  considera 
tion. 

The  public  property  at  various  posts,  other 
than  that  above  recited  for  the  use  of  the  troops, 
will  be  turned  over  to  agents  to  be  appointed  by 
the  Commissioners,  who  will  give  due  and  proper 
receipts  for  the  whole,  to  the  officers  of  the  army, 
whom  they  relieve  from  the  custody  of  the  public 
property. 

THOMAS  J.  DEVINE, 
P.  N.  LUCKETT, 
S.  A.  MAVERICK, 

Commissioners  on  behalf  of  the  Committe* 
of  Public  Safety. 

Your  Committee  herewith  submit  to  the  Con 
vention,  a  full  and  complete  report  of  the  Com 
missioners  to  San  Antonio,  in  regard  to  tho 
subject  of  their  mission. 


DOCUMENTS. 


119 


SAN  ANTONIO,  March  2, 1861. 

To  John  C.  Robertson,    Chairman  of  Commit 
tee  of  Public  Safety  : 

SIR  :  The  undersigned,  Commissioners  appoint 
ed  by  the  Committee  of  Public  Safety,  to  visit 
San  Antonio,  and  confer  with  Brevet  Major-Gen. 
David  E.  Twiggs,  United  States  Army  command 
ing  Department  of  Texas,  on  the  subject  of  the 
public  property  in  the  State  under  his  control, 
and  to  command  the  delivery  of  the  same,  should 
it  be  deemed  necessary,  submit  the  following  as 
a  report  of  their  proceedings  and  a  statement  of 
subjects  connected  therewith. 

Having  arrived  in  San  Antonio,  the  Commis 
sioners,  on  the  evening  of  the  seventh  ult.,  com 
municated  with  Gen.  Twiggs,  when  it  was  ar 
ranged  that  the  next  day  should  be  the  time  for 
a  formal  interview  with  him,  respecting  the  sub 
ject  entrusted  to  their  care.  Upon  calling  o» 
him,  the  subject  of  the  visit  and  extent  of  the 
powers  conferred  upon  the  Commissioners  were 
stated,  and  the  present  condition  and  future 
prospects  of  the  State  were  set  forth  as  reasons 
why  the  Federal  property  should  be  yielded  up, 
and  the  Federal  troops  removed  beyond  the  limits 
of  the  State.  In  answer  to  these  views  and  de 
mand,  that  officer  stated  that  "  Texas  was  not 
out  of  the  Union,  and  would  not  be  before  the 
second  day  of  March,  that  for  his  part  he  would 
obey  the  orders  of  his  government,  but  would  not 
draw  his  sword  against  the  people  of  Texas, 
and  referred  his  '  order  book '  for  proof  of  his 
having  so  declared  in  his  communications  to  the 
War  Department."  In  reply  to  a  question  re 
specting  his  removal  from  Texas,  he  admitted 
that  he  might  be  superseded,  and  would  only  say 
that,  "all  should  remain  as  it  was  until  after  the 
second  of  March,  when  if  Texas  seceded  he 
would  then  deliver  up  to  the  regularly  constituted 
authority  of  Texas,  all  the  public  property  under 
his  control,  other  than  that  required  for  the  use 
of  the  troops  on  their  march  to  New-Mexico." 
The  credentials  of  the  Commissioners  were  pre 
sented  and  their  contents  stated,  but  no  intima 
tion  by  word  or  gesture  was  given  that  he  de 
sired  either  to  inspect  or  hear  them  read.  The 
interview  was  prolonged  for  some  time,  but  noth 
ing  more  tangible  was  elicited,  save  his  expressed 
determination  to  carry  the  troops  to  New-Mexico, 
and  his  resolve  to  lose  his  life  sooner  than  permit 
thorn  while  under  his  command  to  be  deprived 
of  the  arms  pertaining  to  their  respective  corps. 
After  the  termination  of  the  interview,  the  Com 
missioners  upon  consultation,  deputed  one  of 
their  number  to  call  on  Gen.  Twiggs,  and  re 
quest  from  him  a  written  statement  of  what  he 
would  be  willing  to  perform  on  or  after  the 
second  of  March.  He  declined  giving  a  written 
statement,  but  informed  the  Commissioner  that 
a  military  commission  would  be  selected  to  con 
fer  with  the  Commissioners,  on  the  subject  of  the 
disposition  of  public  property.  Believing  that 
Gen.  Twiggs  would  neither  do  nor  consent  to 
anything  being  done  that  might  possibly  place 
him  in  a  false,  or  an  apparently  false  position, 
either  before  the  Government  whose  interests  he 


represented,  or  before  any  portion  of  the  American 
people,  and  being  satisfied  that  the  complications 
likely  to  ensue  from  the  command  of  the  depart 
ment  passing  into  other  hands,  or  by  reason  of 
orders  from  Washington,  being  also  of  opinion, 
that  the  labors  of  the  undersigned  and  the  Mili 
tary  Commission  would  result  in  nothing  but 
delay,  and  that  the  best  interests  of  Texas  de 
manded  that  the  troops,  amounting  to  nearly 
three  thousand,  should  not  be  permitted  to  march 
into  New-Mexico,  to  hold  and  settle  the  condi 
tion  of  that  territory  as  a  free-soil  region,  or  into 
Kansas  to  form  the  nucleus  of  an  army  to  harass 
and  waste  our  frontier,  in  the  event  of  coercion 
being  attempted  by  the  Northern  Government, 
and  that  over  five  hundred  thousand  dollars 
worth  of  transportation  facilities,  as  likewise  the 
cavalry  horses,  would  be  lost  to  the  State,  by 
permitting  the  Federal  troops  to  pass  into  either 
New-Mexico,  Kansas  or  the  Indian  Territory — it 
was  determined  that  prompt  and  vigorous  action 
was  necessary.  In  view  of  this  consideration, 
and  in  accordance  with  previous  instructions,  an 
express  was  despatched  that  evening  to  Seguin, 
calling  on  Col.  Ben.  McCulloch,  to  assemble  as 
large  a  force  of  the  volunteers  and  minute  men 
of  the  State  as  could  be  immediately  collected, 
and  without  delay  to  hasten  to  San  Antonio. 
The  next  day  a  communication  was  received 
from  Gen.  Twiggs,  informing  the  Commissioners 
that  Major  Vinton,  Chief-Quartermaster,  Major 
Macklin,  Paymaster,  and  Captain  Whiteley,  Chief 
of  Ordnance,  were  appointed  to  act  as  a  Military 
Commission,  to  meet  the  undersigned  respecting 
the  disposition  of  the  Federal  property.  A  con 
ference  was  had  on  this  subject,  which  fesulted 
only  in  expressions  on  the  part  of  Major  Vinton 
and  Captain  Whiteley,  that  it  was  proper  and 
necessary  that  the  troops  should  leave  Texas  by 
the  Kansas  route,  that  a  considerable  time  would 
be  necessarily  consumed  in  arranging  the  heads 
of  the  various  subjects  to  be  discussed,  and  much 
time  required  to  examine  the  different  points 
raised.  This  conference  terminated  without  any 
advance  being  made  towards  an  agreement  for 
the  delivery  of  the  Government  property,  or  the 
departure  of  the  troops  from  Texas,  and  resulted 
in  nothing  save  an  increased  belief  on  the  part 
of  the  undersigned,  that  delay  was  the  object  in 
view  sought  to  be  obtained  by  Gen.  Twiggs,  in 
appointing  the  Military  Commission,  and  the  end 
for  which  two  of  that  body  (Major  Vinton  and 
Capt.  Whiteley)  were  acting.  Two  other  inter 
views  were  had  in  which  the  same  purpose  was 
apparent,  and  at  the  last  interview  held,  Major 
Vinton,  in  reply  to  a  question  by  the  Commis 
sioners,  as  to  when  an  answer  would  be  given  to 
their  last  communication,  stated  that,  ua  reply 
would  be  given  some  time  between  that  day  and 
the  second  of  March."  This  closed  the  inter 
views,  and  a  second  express  was  sent  to  Col. 
McCulloch,  with  suggestions  respecting  his  move 
ments. 

On  the  morning  of  the  sixteenth,  that  officer 
entered  San  Antonio,  with  his  command,  and  be 
ing  joined  by  the  city  companies,  and  about  one 


120 


REBELLION  RECORD,  1800-61. 


Hundred  citizens  of  San  Antonio,  and  those  from 
the  Medina  and  Atascosa — the  Alamo,  Commis 
sary  and  Arsenal  buildings  were  surrounded  and 
commanding  positions  secured  before  daylight  on 
the  roofs  of  the  adjoining  buildings.  At  six  o'clock 
A.M.,  a  demand,  in  writing,  in  accordance  with  their 
instructions,  was  again  made  on  Gen.  Twiggs,  for 
the  surrender  of  all  public  property  and  posts, 
nd  the  interview  between  that  officer  and  the 
undersigned,  resulted  in  the  surrender  of  the 
posts  held  by  the  Federal  troops,  and  the  deliv 
ery  of  all  public  property  in  San  Antonio  to  the 
Commissioners.  The  United  States  troops  were 
permitted  to  retain  their  clothing,  etc.,  etc.,  and 
marched  out  that  evening  to  encamp  at  the  San 
Pedro  Springs,  about  one  mile  from  the  city, 
there  to  remain  until  transportation  was  furnished 
to  convey  them  to  the  coast. 

The  property  and  posts  in  the  city  are  held 
and  guarded  by  seventy  citizen  soldiers.  Nego 
tiations  were  continued  during  the  seventeenth, 
and  on  the  evening  of  the  eighteenth  were  termi 
nated,  by  Gen.  Twiggs  agreeing  that  all  posts 
held  by  the  Federal  troops,  should  be  yielded  to 
the  Commissioners,  as  likewise  all  public  pro 
perty  under  his  control;  that  the  troops  should 
retain  the  arms  belonging  to  the  respective  corps, 
which  included  two  batteries  of  light  artillery, 
the  clothing  of  the  men,  the  necessary  stores, 
etc.,  etc.,  for  an  orderly  movement  to  the  coast ; 
the  transportation  facilities,  on  reaching  the  coast, 
to  be  delivered  up  to  the  agents  authorized  to  re 
ceive  them. 

The  arrangements  entered  into  between  the 
Commissioners  and  the  General  Commanding  the 
Federal  Troops  in  Texas,  it  is  believed,  are  the 
best  (so  far  as  regards  the  safety  of  the  State, 
its  honor,  and  pecuniary  interest)  that  could  be 
made.  At  the  same  time,  no  humiliating  condi 
tions  or  unnecessary  restrictions  have  been  im 
posed  on  the  officers  of  the  late  United  States 
Government.  The  departure  of  the  troops,  by 
way  of  the  coast,  was  viewed  from  the  beginning, 
by  the  Commissioners,  as  a  measure  of  precau 
tion,  coupled  with  a  question  of  property  —  both 
ends  having  been  attained.  The  permitting  of 
two  batteries  of  light  artillery  to  leave  the  State, 
has  been  a  subject  of  complaint  on  the  part  of 
some  of  our  people.  Those  persons,  however,  do 
not  consider  or  ignore  the  fact  that  these  bat 
teries  belong  to,  and  constitute  as  completely  the 
arms  of  an  artillery  corps,  as  do  the  muskets  of 
the  infantry,  or  sabre,  or  carbine  of  the  cavalry ; 
that  with  Texas  it  was  a  mere  question  of  prop 
erty  not  exceeding  eight  thousand  dollars  in 
value;  with  Gen.  Twiggs,  his  officers  and  men, 
it  was  a  question  of  honor  —  a  principle  dear  to 
the  humblest  as  to  the  highest  soldier  in  the 
army ;  that  Gen.  Twiggs  had  repeatedly  declared 
that  he  would  sacrifice  his  life  sooner  than  see 
his  men  dishonored  or  disgraced  by  being  de 
prived  of  their  arms.  It  is  true  the  eight  guns 
could  have  been  secured,  but  at  a  cost  to  the 
State  of  more  than  twenty  times  their  value,  in 
the  payment  and  subsistence  of  the  volunteer 
force  necessary  for  that  purpose,  to  which  might 


be  added  the  probabilities  of  a  collision  with  its 
attendant  loss  of  life,  and  the  grave  consequences 
necessarily  resulting  therefrom.  In  addition  to 
this,  may  be  stated  the  loss  to  Texas  of  all  the 
mule  teams,  cavalry  horses,  etc.,  at  the  upper 
posts  of  Bliss,  Quitman,  Davis,  Stockton,  Lan 
caster,  Hudson,  and  Fort  Clarke,  which  would 
have  been  carried  with  the  troops  at  these  posts 
into  New-Mexico,  with  the  humiliation  of  a  dis 
tinguished  and  honored  soldier,  and  the  officers 
and  men  under  his  command. 

For  the  correspondence  between  the  under 
signed,  Gen.  Twiggs,  Col.  McCulloch,  and  the  Mil 
itary  Commission,  see  documents  numbered  from 
one  to  sixteen  inclusive. 

In  estimating  the  value  of  the  property  secured 
to  the  State,  no  exact  statement  can  be  made  of 
the  amount  remaining  at  the  different  posts,  un 
til  inventories  are  received  from  the  agents  des 
patched  to  those  points.  The  entire  value  se 
cured  to  the  State,  may  be  estimated,  at  a  fair  val 
uation,  as  being  worth  not  less  than  $1,600,000. 
It  consists  as  follows : 

At  the  San  Antonio  Depot,  cost  of 
Arsenal  grounds,  buildings,  and 
material  of  every  kind  on  the 
ground, 51,500  00 

Ordnance  stores,  including  arms, 
powder  and  ammunition,  of  ev 
ery  kind,  282,132  26 

Brass  guns,  howitzers,   etc.,  etc., 

at  different  posts  in  Texas,        .          24,635  00 

Quartermaster's  stores,        .     .     .        178,606  00 

Commissary  stores, 19,702  87 

Medical  and  hospital  stores,      .     .          30,175  00 

Soldiers'  clothing,  camp  and  garri 
son  equipage, 194,997  26 

Total  amount  of  property  at  San 
Antonio,  including  cannon  at  dif 
ferent  posts  valued  at  $24,635,  781,808  39 

It  is  estimated  that  the  mules,  cav 
alry  horses,  transportation  facil 
ities,  camels,  provisions,  and 
other  property  at  the  various 
posts,  exclusive  of  buildings,  will 
amount,  at  first  cost,  to  not  less 
than 700,000  00 

Making,  in  all,  available  to  the  State 
for  purposes  connected  with  the 
defence  of  the  frontier,  and  for 
other  uses,  should  the  same  be 
come  necessary. 

Total, .  .     $1,481,808  3% 

The  cost  of  placing  the  above  property  at  its 
various  locations,  has  cost  the  Federal  Govern 
ment  not  less  than  $100,000. 

Surplus  of  funds  seized  in  San  Antonio,  esti 
mated  at  $23,472. 

For  lists  of  the  above  property,  see  exhibits 
marked  A,  B,  C,  D,  E,  F,  G,  H,  I,  J,  and  K. 

For  lists  of  person  retained,  for  the  present,  in 
the  public  employment,  in  connection  with  the 
Quartermaster's  and  Commissary  Department,  see 
report  of  agent,  marked  Exhibit  L. 

The  successor  of  Gen.  Twiggs,  Col.  C.  A.  77aite,. 


DOCUMENTS. 


121 


arrived  in  this  city  a  few  hours  after  the  negotia 
tions  with  Gen.  Twiggs  had  been  closed.  Since 
that  time,  the  undersigned  have  been  actively  en 
gaged  in  settling  questions  connected  with  the 
movements  of  the  troops  towards  the  coast,  anc 
arranging  the  necessary  means  for  their  transpor 
tation. 

Competent  persons  have  been  selected  to  pro 
ceed  to,  and  take  charge  of,  the  property  at  the 
posts  about  being  abandoned  by  the  Federal 
troops.  Bonds,  with  sufficient  securities,  have 
been  required  and  given,  for  the  faithful  execu 
tion  of  the  duties  entrusted  to  the  agents.  Small 
detachments  of  men,  for  the  protection  of  the 
buildings  and  public  property  at  each  post,  have 
been  despatched  under  the  orders  of  Col.  McCul- 
ioch.  The  detachments  sent  to  the  different 
posts,  vary  in  number  from  ten  to  twenty-five. 
They  will  remain  at  the  points  designated  until 
further  action  is  had  by  the  Convention,  or  Legis 
lature  of  the  State.  On  this  subject,  see  docu 
ment  number  twenty -five. 

On  the  morning  of  the  twenty-fifth  ultimo,  in 
formation  having  been  received  that  Capt.  King, 
"  U.  S.  A.,"  encamped  with  his  company  near 
this  city,  had  enlisted  a  soldier  to  serve  in  the 
army  of  the  late  United  States  Government,  a 
note  was  despatched  to  Col.  Waite,  demanding 
the  immediate  discharge  of  the  enlisted  man,  and 
requesting  that  no  further  enlistments  should  be 
permitted  by  him  in  Texas.  For  his  reply,  an 
nouncing  the  discharge  of  the  soldier,  and  stating 
that  nothing  of  the  kind  would  be  permitted  by 
him,  see  documents  numbers  IV  and  18. 

In  the  performance  of  the  duties  confided  to 
the  undersigned,  in  reference  to  obtaining  all  pub 
lic  moneys  or  funds,  the  most  determined  unwill 
ingness  to  give  any  information  has  been  dis 
played  by  the  disbursing  officers  in  this  city,  with 
the  exception  of  Major  Macklin,  Paymaster ;  Capt. 
Reynolds,  Assistant  Quartermaster,  and  Capt.  W. 
B.  Blair,  Chief  of  Commissary  Department. 

On  the  evening  after  the  surrender  of  the  prop 
erty  and  posts  in  San  Antonio,  the  safe  of  Capt. 
Reynolds,  in  his  office  at  the  Alamo,  was  taken 
possession  of.  The  amount  of  public  funds  con 
tained  therein  is  between  nine  and  ten  thousand 
dollars.  This  amount  is  more  than  covered  by 
the  debts  previously  contracted  with  and  due 
citizens. 

With  a  view  of  securing  to  the  people  of  Texas 
the  sums  due  them,  and  to  prevent  the  money 
from  being  carried  out  of  the  State,  as  also  with 
the  intention  of  securing  any  surplus  funds,  and 
for  the  purpose  of  ascertaining  the  debts  due  our 
citizens,  with  the  desire  of  having  some  reliable 
data  upon  which  the  State  might  act  with  ref 
erence  to  the  honest  or  fradulent  claims  that  will, 
in  all  probability,  be  brought  against  her,  as  the 
recipient  of  the  Federal  property  in  Texas,  the 
Commissioners  repeatedly  requested  a  statement 
from  the  disbursing  officers,  of  the  funds  and 
credits  belonging  to  their  departments,  with  a  list 
of  the  debts  contracted  by  them  in  the  State.  On 
the  twenty-second  of  February,  1861,  the  request 
was  again  made,  and  the  questions  set  forth  in 


the  document  numbered  twenty,  were  presented, 
and  answers  required.  Capt,  Blair,  Commissary, 
and  Major  Macklin,  Paymaster,  have  answered. 
By  the  answer  of  Capt.  Blair,  it  will  be  seen  that 
the  debts  exceed  the  funds  and  credits  of  his  de 
partment.  From  the  statement  of  Major  Mack 
lin,  it  appears  that  the  sum  of  twenty -three  thou 
sand  four  hundred  and  seventy -two  dollars  will 
remain  after  all  claims  against  his  department  have 
been  liquidated.  This  money  is  supposed  to  be 
en  route  from  New -Orleans  to  this  city,  and 
measures  have  been  taken  by  the  undersigned  to 
seize  and  secure  it.  Upon  receiving  the  answers  of 
Capt.  Blair  and  Major  Macklin,  the  guard  placed 
upon  their  offices  were  immediately  withdrawn. 
See  answers  of  Capt.  Blair  and  Major  Macklin, 
marked  numbers  twenty-seven  and  twenty-eight. 
Major  Vinton,  Chief  Quartermaster,  Major  Mc- 
Clure,  Paymaster,  and  Capt.  Whiteley,  Chief  of 
Ordnance,  having  refused  to  answer,  or  give  any 
information  on  the  subject,  the  guards  placed 
upon  their  offices  on  the  twenty-seventh  ult., 
still  remain.  It  is  proper  to  state,  that  Major 
Macklin  and  Capt.  Blair  were  willing,  from  the  be 
ginning  of  the  enquiry,  to  make  a  statement,  and 
that  guards  were  placed  at  their  offices  more  for 
the  purpose  of  preventing  invidious  remarks,  than 
from  any  other  cause.  For  further  information 
respecting  the  demands  for  public  funds,  see  docu 
ments  numbered  from  2  to  28  inclusive. 

In  a  previous  communication,  you  were  in 
formed  that  Major  Macklin  had  been  appointed  to 
take  charge  of  the  Ordnance  Department,  and  to 
act  as  Adjutant  and  Inspector  General,  until  fur 
ther  action  by  your  body  or  the  Convention.  He 
has  resigned  his  position  in  the  United  States  Ar 
my,  and  has  entered  upon  the  duties  assigned 
him.  You  were  also  informed  that  Capt.  Rey 
nolds  had  been  appointed  to  control  the  Quarter 
master's  Department,  etc.  He  has  tendered  his 
resignation,  and  is  awaiting  the  action  of  the  au 
thorities  at  Washington.  Messrs.  Maverick  and 
Luckett  are  at  present,  assisted  by  competent 
agents,  performing  the  duties  connected  with  the 
Quartermaster's  Department. 

The  two  companies  of  United  States  troops, 
brmerly  stationed  in  this  city,  passed  through 
on  their  march  to  the  coast  this  morning. 

The  expenses  connected  with  the  action  of  the 
Commissioners  have  been  paid,  or,  to  some  ex- 
;ent,  assumed  by  them,  while  the  outlay  caused 
3y  the  transportation  of  the  United  States  troops 
to  the  coast,  will  be  paid  by  their  officers.  The 
expenses  incident  to  the  protection  and  manage 
ment  of  the  property  now  belonging  to  Texas 
must  be  paid  by  her.  An  estimate  of  the  liabili 
ties  which  have  accrued,  will  be  presented  for 
your  consideration.  All  needless  expenses  have 
:>een  cut  off,  both  as  regards  the  rent  of  buildings 
and  the  employment  of  men.  A  still  greater  re» 
duction  will  be  made  in  a  few  days. 
All  of  which  is  respectfully  submitted. 

THOMAS  J.  DEVINE, 
P.  N.  LUCKETT, 
S.  A.  MAVERICK, 
Commissioners  on  behalf  of  Coin,  of  Public  Safety. 


122 


REBELLION  RECORD,  1860-61. 


AUSTIN,  March  6, 1861. 

To  Hon.  JoJin   0.  RoberUon,   Chairman   Com 
mittee  of  Public  Safety : 

As  a  supplement  to  the  preceding  report,  the 
undersigned  would  state  that,  having  received  in 
formation  three  days  before  the  arrival  of  the 
force  under  Col.  McCulloch,  at  San  Antonio,  that 
four  wagons  with  arms  and  fixed  ammunition 
had  been  despatched — two  via  Indianola  for  Fort 
Brown,  and  two  for  Fort  Mason — a  force  was  im 
mediately  sent  in  pursuit ;  the  teams  on  the  In 
dianola  road  were  overtaken  about  forty  miles, 
and  those  destined  for  Fort  Mason  about  sixty 
miles  from  San  Antonio,  the  wagons  were  brought 
to  that  city  and  their  contents  deposited  in  the 
Ordnance  Department. 

Having  received  information  on  the  evening  of 
the  second  inst,  that  depredations  were  being 
committed  on  public  property  at  Camp  Verde,  by 
some  of  the  soldiers  of  Company  A,  First  Infan 
try,  United  States  Army,  a  note  was  immediately 
forwarded  to  Col.  Waite,  informing  him  of  the 
fact,  and  that  such  depredation  was  considered  a 
violation  of  the  stipulations  entered  into  between 
Gen.  Twiggs  and  the  undersigned,  and  that  the 
officers  and  men  belonging  to  any  company,  com 
mitting  any  depredations  in  the  future,  would  be 
held  personally  liable,  and  requested  Col.  Waite 
to  remove  the  troops  from  that  post  without  de 
lay.  Capt.  Frank  Hubert's  company  of  Wash 
ington  County  volunteers,  numbering  twenty-five 
men,  under  the  command  of  Lieut.  Haynes,  then 
in  San  Antonio,  were  directed  to  march  next 
morning  at  daylight  for  Camp  Verde,  and  there 
remain  for  the  protection  of  the  public  property 
and  buildings  until  further  orders. 

The  public  funds,  alluded  to  in  the  preceding 
report,  as  being  en  route  from  the  coast  to  San 
Antonio,  were  seized  by  a  portion  of  Capt.  Edgar's 
Company  of  Alamo  Guards,  acting  under  the  or 
ders  of  the  Commissioners,  on  the  morning  of  the 
fourth  inst,  and  are  now  in  the  Alamo  buildings 
under  guard,  subject  to  the  action  of  the  Conven 
tion.  See  report  of  Commissioners,  Exhibit  W. 

In  conclusion,  it  may  be  proper  to  add,  that  in 
view  of  the  uncertainties  connected  with  the  at 
tempt  to  force  the  General  commanding  the  Fed 
eral  troops  in  Texas  into  a  surrender  of  the  posi 
tions  held  by  the  troops  under  his  command,  and 
a  delivery  of  the  public  property  under  his  con 
trol  in  Texas,  without  bloodshed  —  the  conse 
quences  resulting  from  which  no  man  could  fore 
see — the  city  authorities  deemed  it  proper  and 
necessary  to  close  all  places  of  public  resort  in 
the  city  of  San  Antonio,  upon  the  arrival  of  the 
troops  under  the  command  of  Col.  McCulloch, 
and  during  the  time  the  troops  raised  in  the  city, 
as  well  as  those  from  other  counties,  remained 
under  arms. 

In  connection  with  this  subject,  it  may  be  add 
ed,  that  a  more  orderly  body  of  men,  under  simi 
lar  circumstances,  never  appeared  under  arms ; 
their  conduct  throughout  was  of  a  character  well 
calculated  to  reflect  the  greatest  credit  upon  them 
selves  and  the  cause,  to  uphold  which,  they  had 


left  their  homes  and  appeared  in  arms. — All  of 
which  is  respectfully  submitted.    T.  J.  DEVINE, 

On  behalf  of  the  Commissioner* 

It  will  thus  be  seen  that  all  the  United  States 
troops,  stationed  on  the  Indian  frontier,  and  the 
frontier  bordering  on  Mexico,  along  the  Rio 
Grande,  have  been  removed,  and  are  on  the  line 
of  march  to  the  Gulf  coast  The  moral  of  their 
presence  to  prevent  Indian  depredations  having 
been  destroyed,  it  is  thought  that  the  frontier  is 
in  most  imminent  danger,  and  they  have  evidence 
of  very  recent  murders  in  that  region. 

The  Committee  believe  that  the  people  along 
the  whole  line  of  the  frontier  are  true  and  loyal 
to  the  cause  of  the  South,  and  look  with  intense 
anxiety  for  the  Convention  to  furnish  them  with 
immediate  and  prompt  protection.  Encouraged 
and  aided  by  the  enemies  of  Texas,  the  Indians 
will,  unless  timely  assistance  be  furnished,  com- 
mit  the  most  horrid  depredations.  With  the  view 
of  rendering  to  the  frontier  this  protection,  and 
that  it  may  be  accomplished  speedily  and  effi 
ciently,  as  well  also  to  show  to  the  Government 
of  the  Confederate  States,  of  which  we  hope  soon 
to  become  a  member,  that  we  are  not  unmindful 
of  what  is  due  to  our  people ;  and  as  an  indication 
to  that  government  of  what  is  expected  for  our 
defence,  and  particularly  to  save  the  lives  of  our 
women  and  children  in  that  region,  the  Com 
mittee  instruct  me  to  report  an  Ordinance  ibr  the 
raising  of  volunteer  forces,  which  they  hope  the 
Convention  will  find  it  expedient  to  adopt. 

I  have  the  honor  to  remain,  very  respectfully, 

JOHN  C.  ROBERTSON, 
Chairman  Committee  of  Public  Safety. 

Correspondence  between  the  Commissioners  to  San 
Antonio,  Gen.  Twiggs  and  the  Military  Com 
mission  : 

SAN  ANTONIO,  February  8,  1861. 

DEAR  SIR  :  In  reference  to  the  interview  which 
the  undersigned  had  with  you  this  morning,  in 
the  presence  of  Major  Nichols,  in  regard  to  the 
public  property  and  your  disposition  to  keep  the 
same  in  its  present  position  until  March  second, 
proximo,  the  undersigned  beg  you  will  be  so  kind 
as  to  give  them,  in  writing,  such  statements  as  you 
may  deem  material  and  proper  on  that  subject 
With  high  consideration, 

Your  obedient  servants, 

THOMAS  J.  DEVINE, 
SAMUEL  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Convention  of  the 
People  of  Texas. 

To  Major-Gen.  D.  E.  TWIGGS, 

Commanding  Department  of  Texas. 

HEADQUARTERS  DEPARTMENT  OF  TEXAS,  } 
SAN  ANTONIO,  February  9, 1861      f 
To  Messrs.  Thomas  J.  Devine.  Samuel  A.  Mav 
erick,  and  P.  N'.  Luckett,    Commissioners  on 
behalf  of  the   Convention    of  the  People  of 
Texas,  San  Antonio,  Texas : 
GENTLEMEN  :  I  am  directed  by  the  Command 
ing  General  of  the  Department,  to  acknowledge 
the  receipt  of  your  communication  of  the  eighth 
inst,  and  to  inform  you,  in  reply,  that  he  has 
this  day  appointed  a  military  commission  to  meet 

i 


DOCUMENTS. 


123 


the  Commissioners  on  behalf  of  the  Convention  of 
the  people  of  Texas,  to  transact  the  necessary 
business  respecting  the  disposition  of  the  Federal 
property. 

I  am,  gentlemen,  very  respectfully, 
Your  obedient  servant, 

U.  A.  NICHOLS, 

Assistant  Adjutant-General. 

HEADQUARTERS  DEPARTMENT  OK  TEXAS,  ) 
SAN  ANTONIO,  February  9, 1S61.     J 

SPECIAL  ORDERS,  No.  20. 

A  Military  Commission,  to  consist  of  Major 
David  H.  Vinton,  Quartermaster,  Major  Sackfield 
Macklin,  Paymaster,  and  Captain  Robert  H.  K. 
Whiteley,  Ordnance  Department,  is  hereby  ap 
pointed  to  meet  the  Commissioners  on  behalf  of 
the  Convention  of  the  People  of  Texas,  Messrs. 
Thomas  J.  Devine,  Samuel  A.  Maverick,  and  P. 
N.  Luckett,  at  such  times  and  places  as  may  be 
agreed  upon,  to  transact  such  business  as  relates 
to  the  disposition  of  the  public  property,  upon  the 
demands  of  the  State  of  Texas.  By  order  of 
Brevet  Major-Gen.  TWIGGS. 

U.  A.  NICHOLS, 

Assistant  Adjutant-General. 

SAN  ANTONIO,  February  9, 1861. 

GENTLEMEN  :  We  have  the  honor  to  acknow 
ledge  the  receipt  of  your  communication  of  this 
date,  in  which  you  appoint  twelve  o'clock  to-day, 
or  any  hour  this  afternoon,  for  meeting  you  to 
consider  the  business  connected  with  our  several 
commissions.  We  regret  that  we  have  not  been 
able  to  conform  to  j^our  appointment.  The  want 
of  instructions  from  Major-Gen.  Twiggs,  delayed 
by  untoward  circumstances,  will  prevent  our  meet 
ing  you  to-day  ;  but  we  will,  if  it  suits  your  con 
venience,  have  the  honor  to  receive  you  at  Gen. 
Twiggs's  office,  on  Monday,  at  nine  o'clock  A.M., 
to  enter  upon  the  business  you  may  then  lay  be 
fore  us. 

We  are,  gentlemen,  most  respectfully, 
Your  obedient  servants, 
D.  H.  VINTON, 

Major  and  Quartermaster. 

SACKFIELD  MACKLIN, 

Paymaster  U.  S.  Army. 

R.  H.  K.  WHITELEY, 

Captain  of  Ordnance. 

To  Messrs.  T.  J.  DEVINE,  SAMUEL  A.  MAVERICK, 

P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  People  of  the  State  of  Texas, 
San  Antonio,  Texas.  ^ 

SAN  ANTONIO,  February  11,  1861. 

To  Major  D.  H.  Vinton,  Saclcfield  Macklin, 
Capi.  R.  K.  Whiteley,  Military  Commission: 
GENTLEMEN  :  The  undersigned,  by  virtue  of  the 
powers  vested  in  them,  do  now  demand  of  you, 
in  the  name  and  by  the  authority  of  the  sovereign 
people  of  the  State  of  Texas,  in  Convention  as 
sembled,  as  they  have  heretofore  demanded  of 
Brevet  Major-Gen.  Twiggs,  Commanding  in  the 
Department  of  Texas,  a  delivery  of  all  the  arms 
of  every  description,  military  stores,  including 
quartermaster's,  commissary  and  medical  stores, 
and  public  moneys,  and  everything  else  under  the 


control  of  the  General  in  command,  belonging  to 
the  Federal  Government. 

If  an  affirmative  answer  is  not  given  to  this  de 
mand,  the  following  questions  are  submitted  for 
your  consideration,  and  answers  to  the  same  are 
respectfully  required  : 

Do  you  consent  and  agree  to  the  following  stipu 
lations  ? 

1st.  That  everything  under  the  control  of  the 
Commanding  General  in  the  Department  of  Texas 
shall  remain  in  statu  quo,  until  the  second  day 
of  March  next  ? 

2d.  That  no  movement,  change  of  position,  OT 
concentration  of  the  troops  shall  take  place  ? 

3d.  That  none  of  the  arms,  ordnance,  military 
stores,  or  other  property,  shall  be  disposed  of  be 
fore  that  time — ordinary  consumption  excepted  ? 

4th.  That  upon  the  second  of  March,  the  pub 
lic  property  in  Texas  shall,  without  delay,  be  de 
livered  up  to  the  undersigned  or  such  other  Com 
missioners  who  may  be  authorised  to  act  on  be 
half  of  the  Convention  ? 

An  answer  is  respectfully  required. 
We  remain,  gentlemen,  very  respectfully, 
Your  obedient  servants, 

THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Convention. 
SAN  ANTONIO,  February  12, 1861. 

To  Messrs.  Thomas  J.  Devine,  S.  A.  Maverick, 
P.  N'.  Luckett,  Commissioners  on  behalf  of  the 
Convention  of  the  People  of  Texas: 
GENTLEMEN  :  We,  the  Military  Commission,  ap 
pointed  by  Major-General  Twiggs,  have  had  the 
honor  to  receive  your  communication  of  the  elev 
enth  inst,  while  in  convention,  demanding  of  us, 
"in  the  name  and  by  the  authority  of  the  sov 
ereign  people  of  Texas,  in  Convention  assembled," 
a  delivery  of  "  all  arms  of  every  description,  mi 
litary  stores,  including  quartermaster's,  commis 
sary  and  medical  stores,  and  public  moneys,  and 
everything  else  under  the  control  of  the  General 
in  command,  belonging  to  the  Government ;"  add 
ing  that,  "  if  an  affirmative  answer  is  not  given  to 
this  demand,"  you  submit  the  following  questions 
for  our  consideration  and  reply,  viz. : 

"Do  you  consent  and  agree  to  the  following 
stipulations : 

"  1st.  That  everything  under  the  control  of  the 
General  commanding  in  the  Department  of  Texas, 
shall  remain  in  statu  quo,  until  the  second  day 
of  March  next  ? 

2d.  Thai  no  movement,  change  of  position,  or 
concentration  of  the  troops  shall  take  place  ? 

"  3d.  That  none  of  the  arms,  ordnance,  military 
stores,  or  other  property,  shall  be  disposed  of  be» 
fore  that  time,  ordinary  consumption  excepted  ? 
"4th.  That  upon  the  second  of  March,  the  pub 
lie  property  in  Texas  shall,  without  delay,  be  de 
livered  up  to  the  undersigned,  or  such  other  Com 
missioners  who  may  be  authorised  to  act  on  be 
half  of  the  Convention  ?" 

To  the  first  of  the  foregoing  interrogatories,  we 
have  the  honor  to  state,  that  we  are  willing  that 


124 


REBELLION  RECORD,  1860-61. 


everything  shall  remain  in  statv  quo  until  the 
second  of  March  next ;  provided,  that  the  General 
commanding  the  Department  shall  not  receive 
orders  from  higher  authority  than  himself  to  re 
move  the  troops  from  Texas,  or  find  it  necessary 
to  resist  the  inroads  of  marauding  parties  of  In 
dians,  the  enemies  of  Texas  and  of  our  common 
country,  or  attacks  upon  the  troops  or  military 
posts  in  Texas,  by  irresponsible  parties  coming 
'rom  any  quarter  whatever. 

With  regard  to  your  second  proposition,  it  is 
hereby  agreed,  that  no  movement  or  change  of 
position  of  the  troops  shall  take  place,  unless  the 
Commanding  General  shall  find  it  necessary  to 
act  under  the  contingencies  mentioned  in  the  next 
preceding  answer. 

To  the  third  question  we  reply,  that  as  it  is 
not  the  intention  of  the  Commanding  General  to 
dispose  of,  or  to  place  out  of  the  reach  of  the 
authorit  es  of  Texas,  any  of  the  property  other 
wise  tha.i  to  meet  with  it  the  common  wants  of 
the  military  service,  so  do  we  agree  to  your  pro 
position. 

And  to  your  last  inquiry  we  have  to  remark, 
that  a  compliance  with  the  demands  of  Texas, 
whether  made  through  you  or  other  Commis 
sioners,  appointed  for  the  purpose,  will  be  yielded 
under  the  following  conditions,  viz. :  That  the 
moneys  in  the  hands  of  disbursing  officers  being 
out  of  the  control  of  the  Commanding  General, 
and  considered  as  peculiarly  a  matter  of  individ 
ual  accountability  to  the  Treasury  of  the  United 
States  by  those  officers,  involving  the  responsi 
bility  of  their  bondsmen,  and  being  necessary  for 
the  payment  of  the  troops  and  debts  already  con 
tracted  in  Texas,  they  will  not  be  relinquished  on 
the  demand  of  Texas.  That  the  troops  now  in 
the  Department  of  Texas  shall  retain  -their  legiti 
mate  arms  in  possession,  and  march  out  of  Texas 
with  them  ;  the  requisite  ammunition,  clothing, 
and  camp  and  garrison  equipage,  quartermaster's 
stores,  subsistence,  medical  and  hospital  stores, 
and  such  means  of  transportation  of  every  kind  as 
may  be  necessary  for  an  efficient  and  orderly  move 
ment  of  the  troops  from  Texas,  prepared  for  attack 
or  defence  against  aggression  from  any  source. 
That  the  officers  of  the  General  Staff  at  Depart 
ment  headquarters,  their  families  and  movable 
property,  shall  be  transported  in  their  egress  from 
Texas,  by  the  public  means  now  at  this  depot, 
which  means  shall  be  retained  for  that  purpose ; 
and  when  such  service  shall  have  been  performed, 
the  said  means  shall  be  surrendered  to  the  regu 
larly  authorized  persons  to  receive  them.  That 
all  property  delivered  up  to  the  authorities  of 
Texas,  under  the  foregoing  stipulations,  shall  be 
receipted  for  by  agents  appointed  by  said  author 
ities. 

We  are,  gentlemen,  very  respectfully  your  obe 
dient  servants,  D.  H.  VINTON, 

Major  and  Quartermaster 

SACKFIELD  MACKLIN, 

Paymaster  U.  8.  Army. 

R.  H.  K.  WHITELEY, 

Captain  of  Ordnance. 


SAN  ANTONIO,  February  14, 1861. 

Major  D.  H.  Vinton,  Major  Sad-field  MacTdin, 
Capt.  R.  H.  K.  Whiteley,  Military  Commission 
acting  on  behalf  of  Major- Gen.  D.  E.  Twiggs: 

GENTLEMEN  :  The  undersigned  Commissioners 
an  behalf  of  the  Convention  of  the  State  of  Texas, 
acting  through  the  Committee  of  Public  Safety, 
lave  had  the  honor  to  receive  your  communica 
tion  of  the  thirteenth  inst,  while  in  conference, 
and  have  the  honor  to  reply  to  the  answers  con 
tained  in  your  note  as  follows :  We  are  unable  to 
accept  as  satisfactory  your  answer  to  that  ques 
tion  in  our  note  of  the  eleventh  instant,  relating  to 
the  movement  or  position  of  the  troops  in  Texas, 
as  your  reply,  by  a  reasonable  construction  of 
ts  language,  if  not  in  express  terms,  asserts  the 
right  and  intention  of  the  General  in  command 
f  the  Department  of  Texas,  to  make  any  move 
ment  by  the  troops  that  may  be  ordered  by  an 
authority  higher  than  himself.  The  question  is 
consequently  left  unanswered  as  far  as  relates  to 
the  object  which  the  undersigned  had  in  riew  in 
presenting  this  question  for  consideration,  which 
object  was  fully  set  forth  in  the  conference  of  the 
eleventh  inst.  If  the  question  be  considered  as 
answered  by  your  reply  to  it,  then  the  under 
signed  are  constrained  to  consider  it  as  a  sub 
stantial  denial  of  their  demand  on  that  subject. 

The  non-acceptance  of  the  terms  contained  in 
your  second  answer,  rests  upon  the  same  reasons 
as  those  set  forth  in  reply  to  your  first  answer. 
The  third  answer  is  as  the  undersigned  had  rea 
son  to  believe  it  would  be,  and  is  accepted. 

The  terms  embraced  in  your  reply  to  our  last 
inquiry,  are  accepted,  with  the  following  condi 
tions:  First,  that  all  moneys  in  Texas,  for  the 
payment  of  troops,  or  the  liquidation  of  debts  of 
every  description,  incurred  on  behalf  of  the  Fed 
eral  Government,  shall  be  considered  applicable 
to  those  purposes,  and  be  turned  over  to  the 
Commissioners  for  their  disposal  accordingly,  and 
guarantees  will  be  given  by  the  undersigned,  for 
the  prompt  payment  of  the  same,  and  all  funds  in 
Texas,  held  for  the  Federal  Government,  not  in 
cluded  in  the  above  exception,  shall  be  given  up 
and  receipted  for  by  the  undersigned.  That  portion 
of  the  last  answer  is  accepted,  which  claims  the  re 
tention  by  the  troops  in  Texas  of  their  arms  and 
clothing,  camp  and  garrison  equipage,  quartermas 
ter's  stores, subsistence,  medical  and  hospital  stores, 
and  such  means  of  transportation  of  every  kind, 
as  may  be  necessary  for  an  efficient  and  orderly 
movement  of  the  troops  from  Texas,  prepared  for 
attack  or  defence  from  any  source  ;  provided  the 
troops  shall  march  to  the  coast,  in  detachments  of 
not  more  than  two  hundred,  each  detachment  to 
be  at  least  three  days'  march  apart ;  and  upon  ar 
riving  at  the  point  or  points  of  embarkation,  tho 
teams  or  means  of  transportation,  with  the  artillery, 
(if  any  be  taken  by  the  troops,)  shall  be  delivered 
up  to  the  agent  appointed  to  receive  and  receipt 
for  the  same.  The  remaining  portion  of  the  last 
answer,  relating  to  the  means  of  transportation 


DOCUMENTS. 


125 


for  the  officers,  their  families,  servants  and  pro 
perty,  is  accepted  according  to  its  terms. 

We  are,  gentlemen,  very  respectfully,  your  obe 
dient  servants,  THOMAS  J.  DEVINE, 
P.  N.  LUCKETT, 
S.  A.  MAVERICK, 

Commissioners  on  behalf  of  the  Committee 
of  Public  Safety. 

SAN  ANTONIO,  February  15, 1861. 

To  Messrs.  T.  J.  Devine,  Samuel  A.  Maverick, 
P.  N.  Luckett,  Commissioners  on  the  part  of 
the  Convention  of  the  People  of  Texas : 
GENTLEMEN  :  In  acknowledgment  of  your  com 
munication  of  the  fourteenth  inst.,  wherein  you 
disagree  to  certain  points  in  our  letter  of  the 
twelfth  inst.,  the  undersigned  have  the  honor  to 
say,  that  the  conditions  you  prescribe  for  the 
movement  of  the  Federal  troops  from  Texas,  will 
necessarily  check,  for  a  short  time  at  least,  fur 
ther  conference  with  you  on  that  subject,  inas 
much  as  it  is  one  over  which  we  have  no  control. 
The  Commander  of  the  Department,  whoever 
he  may  be,  whether  acting  under  his  own  judg 
ment,  or  by  the  advice  or  instructions  of  his  su 
periors,  has  exclusive  authority  in  such  cases ;  and 
to  him  must  we  refer  the  present  one,  with  a  re 
port  of  all  our  proceedings,  for  his  approval  or  dis 
approval  ;  and  in  view  of  an  immediate  change  of 
commanders  of  the  Department  of  Texas,  Gen. 
Twiggs  having  been  superseded  by  Col.  Waite, 
all  the  proceedings  of  the  Military  Commission 
appointed  by  the  former  officers,  must  be  sub 
mitted  for  the  consideration  and  sanction  of  the 
latter,  whose  duty  it  will  be  to  execute  whatever 
measures  may  be  recommended  and  adopted  un 
der  the  action  of  that  Committee. 

The  undersigned  would  respectfully  remark, 
that  they  cannot  but  regret  that  the  reasons 
given  in  objection  to  the  relinquishment  of  the 
funds  in  the  hands  of  the  Federal  disbursing 
officers,  have  not  met  with  acquiescence  on  the 
part  of  your  Commission,  they  can  only  hope 
that  upon  reconsideration  your  views  may  un 
dergo  a  change.  Under  any  circumstances  we 
hope  that  the  Commissioners  appointed  by  the 
Texas  Committee  of  Safety,  will  exert  their  influ 
ence  to  avert  violence,  either  on  the  part  of  any 
irregular  forces  or  organized  military  parties  of 
whatever  size.  Believing  that  everything  may  be 
done  in  a  manner,  honorable  to  the  present  con 
tending  parties,  and  for  the  quiet  and  safety  of 
the  community  in  which  we  reside,  we  have  full 
faith  that  your  Commission  will  so  act  as  to 
bring  about  results  which  may  prevent  a  collision 
between  the  troops  of  Texas  and  those  of  the 
Federal  Government. 

We  are,  gentlemen,  very  respectfully, 
Your  obedient  servants, 

D.    H.    VlNTON, 

Major  and  Quartermaster. 
SACKFIELD  MACKLIN, 

Paymaster  U.  S.  Army. 

R.  H.  K.  WHITELEY, 

Captain  of  Ordnance. 

SUP.  Doc.  8. 


SAN  ANTONIO,  TEXAS,  ) 

February  16, 1861,  6  o'clock  A.M.  f 

To  the  Officer  in  Command  of  the  Department  oj 
Texas  : 

SIR  :  You  are  hereby  required  in  the  name 
and  by  the  authority  of  the  people  of  the  State 
of  Texas,  in  convention  assembled,  to  deliver  up 
all  military  posts  and  public  property  held  by 
or  under  your  control. 

Respectfully,  etc.,  etc., 

THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Committet 
of  Public  Safety. 

SAN  ANTONIO,  February  17, 1861. 

Brevet  Major-Gen.  D.  E.  Twiggs,   Commanding 
Department  of  Texas : 

SIR  :  In  our  communication  of  the  sixteenth 
instant,  we  required  a  delivery  up  by  you,  of  the 
position  held,  and  public  property  held  by  or 
under  your  control,  as  Commander  in  this  De 
partment.  As  no  reply,  save  your  verbal  de 
claration  (which  declaration  was  that  you  "gave 
up  everything  ")  has  been  given  to  our  note,  and 
as  the  undersigned  are  most  anxious  to  avoid 
even  the  possibility  of  a  collision  between  the 
Federal  troops  and  the  force  acting  on  behalf  of 
the  State  of  Texas,  a  collision  which  all  reflect 
ing  persons  desire  to  avoid,  and  the  consequences 
of  which,  no  man  can  predict ;  we  again  demand 
the  surrender  up  to  the  undersigned,  of  all  the 
posts  and  public  property,  held  by  you  or  under 
your  control,  in  this  Department. 
Please  answer  immediately. 

We  have  the  honor  to  remain, 
Your  obedient  servants, 

THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Committed 
of  Public  Safety. 

HEADQUARTERS  DEPARTMENT  OF  TEXAS,  > 
SAN  ANTONIO,  February  IT,  1861.       ) 

Messrs.   Thomas  J.  Demne,   S.  A.  MavericTc,  P. 

N.    Lucleett,    Commissioners  on  behalf  of  the 

Committee  of  Public  Safety  : 

GENTLEMEN  :  In  reply  to  your  communication 
of  this  date,  I  have  to  say  that  you  are  already 
aware  of  my  views  in  regard  to  the  delivery  of 
the  public  property  of  this  department,  and  I 
now  repeat,  that  I  will  direct  the  positions  held 
by  the  Federal  troops,  to  be  turned  over  to  the 
authorized  agents  of  the  State  of  Texas  ;  pro 
vided  the  troops  retain  their  arms  and  clothing, 
camp  and  garrison  equipage,  quartermaster's 
stores,  subsistence,  medical,  hospital  stores,  and 
such  means  of  transportation  of  every  kind,  as 
may  be  necessary  for  an  efficient  and  orderly 
movement  of  the  troops  from  Texas,  prepared 
for  attack  or  defence  against  aggressions  from 
any  source.  D.  E.  TWIGGS, 

Brevet  Major-General  United  States  Army,  Commai  ding 
the  Department. 


126 


REBELLION   RECORD,  1860-61. 


SAN  ANTONIO,  February  17,  1861. 

To  Brevet  Major-Gen.  D.  E.  Twiggs,  Command 
ing  the  Department  of  Texas  : 
SIR  :  In  reply  to  your  communication  of  this 
date,  we  have  to  say,  that  we  accept  the  terms 
therein  set  forth,  with  the  conditions  stated  in 
our  note  of  the  fourteenth  instant,  namely,  that 
the  troops  shall  leave  Texas  by  way  of  the  coast, 
and  upon  arriving  at  the  point  or  points  of  em 
barkation,  will  deliver  up  to  the  authorized  agents 
appointed  for  that  purpose,  all  means  of  trans 
portation  of  every  kind  used  by  them,  as  like 
wise  the  artillery,  if  any  be  taken. 

Respectfully,  etc.,  etc., 
THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Committee 

of  Public  Safety. 

HEADQUARTERS,  DEPARTMENT  OF  TEXAS,  i 
SAN  ANTONIO,  February  18,  1861.        j 

To  Messrs.    Thomas  J.  Devine,  S.  A.  Maverick, 
P.  N.  Luckett,  Commissioners  on  behalf  of  the 
Convention  of  the  People  of  Texas : 
GENTLEMEN  :  Your  communication  of  the  seven 
teenth  instant,  which  you  say  is  a  reply  to  mine, 
written  yesterday,  the  seventeenth  instant,  was 
received  last  night.     I  consent  to  the  conditions 
that  the  troops  shall  leave  Texas  by  way  of  the 
coast,  with  the  provision  expressed  in  my  com 
munication  of  yesterday. 

As  to  the  condition  of  surrendering  the  guns 
of  the  light  batteries,  that,  you  must  see,  would 
be  an  act  which  would  cast  a  lasting  disgrace 
upon  the  arms  of  the  United  States  ;  and  under 
no  circumstances  can  I  believe  that  the  State  of 
Texas  would  demand  such  a  sacrifice  at  my 
hands,  and  more  particularly  so  when  I  have 
yielded  so  much  to  meet  what  I  deem  to  be  due 
to  the  State,  and  to  avoid  any  unnecessary  col 
lision  between  the  Federal  and  State  troops.  In 
this  view  of  the  case,  I  am  sure  you  will  not  in 
sist  on  a  demand  which,  you  must  see,  I  am  not 
at  liberty  to  grant. 

I  am,  gentlemen,  very  respectfully, 
Your  obedient  servant, 

D.  E.  TWIGGS, 

Brevet  Major-General,  United  States  Army,  Commanding 

the  Department. 
SAN  ANTONIO,  February  18, 1862. 

To  Brevet  Major- Gen.  D.  E.  Twiggs,  United 
States  Army,  Commanding  Department  of 
Texas. 

SIR  :  In  reply  to  your  communication  of  this 
date,  we  have  to  say  that  we  accept  the  terms 
therein  stated,  namely,  that  the  two  batteries  of 
light  artillery,  with  the  arms  for  the  infantry  and 
cavalry,  shall  be  retained  by  the  troops  under 
your  command,  all  other  property  as  set  forth  in 
our  previous  communication,  to  be  delivered  up 
to  agents  authorized  to  receive  it 

We  remain,  respectfully, 

Your  obedient  servants, 

THOMAS  J.  DEVINE, 
P.  N.  LUCKETT, 
S.  A.  MAVERICK, 

OommlMioners  on  behalf  of  the  Committee 
of  Public  Safety. 


HEADQUARTERS  DEPARTMENT  OF  TEXAS,  I 
SAN  ANTONIO,  February  18,  1861.       f 

GENERAL  ORDERS  No.  5. 

The  State  of  Texas,  having  demanded,  through 
its  Commissioners,  the  delivery  of  the  military 
posts  and  public  property,  within  the  limits  of 
this  command ;  and  the  Commanding  General 
desiring  to  avoid  even  the  possibility  of  a  col 
lision  between  the  Federal  and  State  troops  ;  the 
posts  will  be  evacuated  by  their  garrisons,  and 
these  will  take  up,  as  soon  as  the  necessary  pre 
parations  can  be  made,  the  line  of  march  out  of 
Texas  by  way  of  the  coast,  marching  out  with 
their  arms,  (the  light  batteries  with  their  guns,) 
clothing,  camp,  and  garrison  equipage,  quarter 
master's  stores,  subsistence,  medical  hospital 
stores,  and  such  means  of  transportation  of  every 
kind,  as  may  be  necessary  for  an  efficient  and 
orderly  movement  of  the  troops,  prepared  for 
attack  or  defence  against  aggression  from  any 
source.  The  troops  will  carry  with  them  pro 
visions  as  far  as  the  coast.  By  order  of 

Brevet  Major-Gen.  TWIGGS. 
U.  A.  NICHOLS, 

Assistant  Adjutant-General. 

SAN  ANTONIO,  February  18,  1861. 

The  undersigned  Commissioners,  on  the  part 
of  the  State  of  Texas,  fully  empowered  to  exer 
cise  the  authority  undertaken  by  them,  have 
formally  and  solemnly  agreed  with  Brevet  Major- 
Gen.  David  E.  Twiggs,  United  States  Army,  com 
manding  the  Department  of  Texas,  that  the  troops 
of  the  United  States  shall  leave  the  soil  of  the 
State  by  the  way  of  the  coast ;  that  they  shall 
take  with  them  the  arms  of  the  respective  corps, 
including  the  battery  of  light  artillery  at  Fort 
Duncan,  and  the  battery  of  the  same  character  at 
Fort  Brown ;  and  shall  be  allowed  the  necessary 
means  for  regular  and  comfortable  movement,  pro 
visions,  tents,  etc.,  etc.,  and  transportation. 

It  is  the  desire  of  the  Commission,  that  there 
shall  be  no  infraction  of  this  agreement  on  the 
part  of  the  people  of  this  State.  It  is  their  wish, 
on  the  contrary,  that  every  facility  shall  be  afford 
ed  the  troops.  They  are  our  friends.  They  have 
heretofore  afforded  to  our  people  all  the  protec 
tion  in  their  power,  and  we  owe  them  every  con 
sideration. 

The  public  property  at  the  various  posts,  other 
than  that  above  recited  for  the  use  of  the  troops, 
will  be  turned  over  to  agents,  to  be  appointed  by 
the  Commission,  who  will  give  due  and  proper 
receipts  for  the  whole  to  the  officers  of  the  army 
whom  they  relieve  from  the  custody  of  the  public 
property.  THOMAS  J.  DEVINE, 

P.  N.  LUCKETT, 
S.  A.  MAVERICK, 
Commissioners  on  behalf  of  the  Com.  of  Public  Safety. 

SAN  ANTONIO,  BEXAR  Co.,  February  3,  1861. 

Col.  Ben.  McCulloch: 

SIR  :  The  undersigned,  by  virtue  of  the  powers 
vested  in  them  by  the  Committee  of  Public  Safe 
ty,  do  hereby  authorize  and  direct  you,  in  the 
name  and  by  the  authority  of  the  State  of  Texas, 
to  call  out  and  collect  such  numbers  of  the  volua 


DOCUMENTS. 


127 


teer  force  or  "minute  men,"  as  you  may  deem 
necessary  for  securing  and  protecting  the  public 
property  at  San  Antonio.  Upon  the  assembling 
of  the  force,  you  will  proceed,  without  delay,  to 
San  Antonio,  and  report  to  the  undersigned  when 
you  arrive  in  the  vicinity  of  the  city. 

THOS.  J.  DEVINE, 
SAM.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  of  Committee  of  Public  Safety. 

Correspondence  with  Col.  Waite,  and  Lists  of 
Volunteers,  sent  to  various  posts. 

[Copy.] 
SAN  ANTONIO,  February  22, 1861. 

Col  C.  A.  Waite: 

SIR  :  Your  communication  of  the  twentieth  in 
stant,  making  a  requisition  on  us  for  one  hundred 
wagons  and  six  hundred  mules,  has  been  duly 
considered,  and  the  necessary  orders  will  be  is 
sued  to  carry  out  the  requisition. 

Very  respectfully,  your  obedient  servants, 
P.  N.  LUCKETT, 
THOMAS  J.  DEVINE, 
S.  A.  MAVERICK. 

[Copy.] 

SAN  ANTONIO,  February  25,  1861. 

Col.  C.  A.  Waite: 

SIR  :  We  have  just  learned  that  on  Saturday, 
Capt.  John  H.  King,  of  the  infantry,  enlisted  a 
man  in  his  company.  If  such  is  the  case,  we  de 
mand  that  he  be  immediately  discharged,  and  that 
no  further  enlistments  take  place. 
Respectfully,  your  obedient  servants, 

THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  the  Com.  of  Public  Safety. 

HEADQUARTERS,  DEPARTMENT  OF  TEXAS,  J 
SAN  ANTONIO,  February  26,  1861.      f 

To  Messrs.    Thomas  J.  Devine,  S.  A.  Maverick, 
and  P.  N'.  Luck-ett,  Commissioners,  etc. : 
GENTLEMEN  :  In  answer  to   your  letter  of  the 
twenty-fifth,  I  have  to  say,  that  I  have  directed 
Captain  King  to  discharge  immediately  the  man 
he  enlisted. 

I  shall  take  measures  to  prevent  the  enlistment 
in  future  of  any  citizen  in  Texas. 

I  am,  gentlemen,  very  respectfully,  your  obedi 
ent  servant,  C.  A.  WAITE, 

Brevet-Colonel  U.  S.  A.  Commanding  the  Department. 

HEADQUARTERS,  DEPARTMENT  OF  TEXAS,  I 
SAN  ANTONIO,  February  21,  1861.      j 

GENTLEMEN:  I  have  been  informed  by  Cap 
tain  Reynolds,  Assistant  Quartermaster,  that  the 
funds  placed  in  his  hands,  pertaining  to  the  Quar 
termaster's  Department — and  for  which  he  is  per 
sonally  accountable  to  the  Treasury — have  been 
seized  by  an  armed  body  of  Texans,  and  are  no 
longer  in  his  possession. 

The  Commissioners,  on  the  part  of  the  State  of 
Texas,  "  formally  and  solemnly  agreed  with  Bre 
vet  Major-Gen.  D.  E.  Twiggs,  United  States  Army, 
Commanding  the  Department  of  Texas,"  that 
"  the  necessary  means  for  regular  and  comfortable 


movement,  provisions,  tents,  etc.,  etc.,  and  trans 
portation,"  shall  be  allowed  the  troops  ;  and  that 
the  public  property  at  the  various  posts  other 
than  that  above  recited,  "shall  be  turned  over  to 
the  agents,"  etc.  The  words,  "public  property," 
do  not  include  money — and  certainly  not  money 
in  the  hands  of  disbursing  officers  who  are  per* 
sonally  accountable  for  it  to  the  Treasury  of  the 
United  States.  Their  bondsmen,  their  private 
property,  and  their  commissions,  are  pledged  to 
their  Government,  for  the  faithful  disbursement 
of  the  funds  entrusted  to  them. 

Believing  that  a  proper  construction  of  the 
agreement  referred  to,  will  not  authorize  the  re 
tention  of  the  funds  lately  in  the  possession  oi 
Capt.  Reynolds,  and  seized  prior  to  the  agreement 
between  the  Commissioners  and  Gen.  Twiggs,  I 
have  to  require  that  they  may  be  returned  to  him 
immediately. 

I  am,  gentlemen,  very  respectfully, 

Your  obedient  servant, 
C.  A.  WAITE, 

Col.  U.  S.  Army,  Commanding  Dep't. 

To  Messrs.  THOMAS  J.  DEVINE,  P.  N.  LUCKETT,  S. 
A.  MAVERICK, 

Commissioners  on  behalf  of  Com.  of  Public  Safety. 
HEAD  QUARTERS,  DEPARTMENT  OF  TEXAS,  (Official 
SAN  ANTONIO,  March  5, 1861.      f  copy. 

U.  A.  NICHOLS, 

Assistant  Adjutant-General. 
SAN  ANTONIO,  February  22,  1861. 

To  Col   C.    A.  Waite,    U.  S.  A.,    Commanding 

the  Department  of  Texas: 

SIR  :  We  are  in  receipt  of  your  communicatio 
of  the  twenty-first  inst.,  in  which  you  state  tha 
"  the  funds  placed  in  the  hands  of  Capt.  Rey 
nolds,  Asst. -Quartermaster,  and  pertaining  to  his 
department,  have  been  seized  by  an  armed  body 
of  Texans,  and  are  no  longer  in  his  possession." 
You  likewise  state  that  "  the  Commissioners  for 
mally  and  solemnly  agreed  with  Brevet  Major- 
Gen.  David  E.  Twiggs,  Commanding  the  Depart 
ment  of  Texas,  that  the  necessary  means  for  regu 
lar  and  comfortable  movement,  provisions,  tents, 
etc.,  and  transportation,  shall  be  allowed  the 
troops,  and  that  the  public  property  at  the  va 
rious  posts  other  than  that  above  recited,  shall  be 
turned  over  to  agents,  etc."  You  further  state 
"  the  words  public  property  do  not  include  money, 
and  certainly  not  money  in  the  hands  of  disburs 
ing  officers,  etc."  You  likewise  state  that  a  proper 
construction  of  the  agreement  referred  to,  will  not 
authorize  the  retention  of  the  funds  lately  in  the 
possession  of  Capt.  Reynolds  and  seized  prior  to 
the  agreement  between  the  Commissioners  and 
Gen.  Twiggs,  and  you  (I)  have  to  require  that 
they  be  returned  to  him  immediately." 

In  reply  to  that  portion  of  your  communication 
referring  to  our  agreement  with  Gen.  Twiggs,  for 
the  comfortable  movement  of  the  troops,  etc.,  we 
have  to  remark  that  our  actions  with  reference  to 
the  movement  of  the  troops  will  attest  our  will 
ingness  to  perform  our  part  of  the  agreement; 
and  we  are  now,  as  we  have  been  heretofore, 
ready  and  willing  to  carry  it  out,  according  to  the 
letter  and  the  spirit  of  the  agreement.  With 


128 


REBELLION  RECORD,  1860-61. 


reference  to  that  portion  of  your  communication 
relating  to  the  words  "public  property  not  in 
cluding  money,  etc.,"  we  have  to  say  that  if  the 
word  money  was  not  used  in  our  last  communi 
cation  to  Gen.  Twiggs,  it  was  simply  owing  to 
the  fact  that  our  communication  of  a  previous 
date,  as  well  as  our  original  demand  on  General 
Twiggs,  contained  that  word  and  its  equivalents  ; 
that  communication  in  which  we  agreed  to  the 
terms  of  the  note  of  the  eighteenth  inst.,  in  which 
Gen,  Twiggs  claimed  the  retention  of  two  bat 
teries  of  light  artillery,  refers  to  our  previous 
communications,  in  which  we  claimed  all  public 
property  ;  and  the  reason  is  apparent,  we  claim 
no  interest  in,  or  desire  to  meddle  with,  private 
property,  but  we  do  now,  as  we  have  heretofore 
done,  claim  as  public  property,  all  money  belong 
ing  to  or  held  for  the  benefit  of  the  Federal  Gov 
ernment.  Again,  if  it  were  necessary  to  show 
that  nothing  was  withdrawn  by  the  undersigned 
from  their  original  and  repeated  demands,  or 
understood  to  have  been  withdrawn  on  our  part 
by  Gen.  Twiggs,  it  will  be  found  in  the  demands 
made  by  that  officer  and  several  others,  for  trans 
portation,  etc.,  and  freely  furnished  by  the  under 
signed,  although  no  reference  is  made  in  express 
terms  to  this  obligation  in  any  of  the  notes  be 
tween  General  Twiggs  and  the  undersigned,  and 
the  reference  is  only  found  in  our  communication 
of  the  fourteenth  inst,  to  the  Military  Commis 
sion.  We  might  still  further  add,  that  the  Mili 
tary  Commission,  as  well  as  Gen.  Twiggs,  repeat 
edly  disclaimed  any  right  on  the  part  of  the  offi 
cer  in  command,  to  control  disbursing  officers  in 
their  disposition  of  the  public  funds.  If,  then, 
Gen.  Twiggs  has  acted  upon  portions  of  our  an 
swer  of  the  fourteenth  inst.,  although  such  por 
tions  were  not  set  out  in  our  reply  of  the  eigh 
teenth,  it  shows  that  he  understood  the  referring 
to  that  communication  was  a  substantial  embodi 
ment  of  its  terms,  in  the  communication  in  which 
we  referred  to  it.  A  consideration  of  these  facts 
will  show  the  necessity  for  a  complete  under 
standing  of  all  matters  connected  with  or  operat 
ing  in  any  manner  upon  the  question  of  our  right 
to  obtain  possession  of,  or  control  the  funds  of 
the  Federal  Government  in  Texas,  such  funds 
being  subject,  however,  to  the  payment  of  legiti 
mate  claims  due  either  to  soldiers  or  citizens. 
For  this  purpose  the  undersigned  submit  the  fol 
lowing  questions,  to  be  answered  by  the  various 
disbursing  officers,  or  heads  of  departments,  and 
certified  to  respectively  by  them  on  honor.  Ques 
tion: 

1st.  Please  state  what  amount  of  funds  in  spe 
cie,  coin,  drafts,  or  otherwise,  were  in  your  cus 
tody  or  under  your  control  for  purposes  connect 
ed  with  your  department,  or  the  performance  of 
your  official  duties,  on  the  eighth  day  of  Feb 
ruary,  1861  ? 

Question  2d.  Please  state  what  portion  of  that 
amount  has  been  disbursed  or  changed  from  its 
original  condition  between  that  day  and  the  time 
of  answering  this  question,  and  how  or  where  was 
this  disbursement  or  change  made  ? 

Question  3d.  Please  state  what  amount  of  in 


debtedness  exists  against  your  department,  at  the 
time  of  answering  this  question,  and  the  persons 
claiming  the  same,  as  nearly  as  it  is  in  your  pow 
er  to  do  ? 

Question  4th.  Please  state  what  amount  in  spe 
cie  or  coin  has  come  into  your  possession  since 
the  eighth  of  February,  1861,  and  what  amount 
has  been  placed  to  your  credit,  or  at  your  dispo 
sal  for  the  purposes  conected  with  your  depart 
ment,  in  other  cities  of  the  Union,  since  the  eighth 
of  February,  1861  ? 

Question  5th.  Please  state  the  amount  offunda 
connected  with  your  department  on  hand,  in  spe 
cie,  coin,  drafts,  or  other  evidences  of  money  or 
credit ;  and  please  state  the  amounts  of  the  re 
spective  credits  in  this  city,  and  with  whom,  as 
likewise  in  other  cities  of  the  Union  ?  It  is  hoped 
that  the  preceding  five  questions  will  be  submit 
ted  to  the  various  disbursing  officers  residing  in 
this  city,  and  an  answer  is  required  within  the 
next  eighteen  hours. 

The  Commissioners  do  not  desire,  on  the  con 
trary,  it  is  their  determination  that  nothing  shall 
be  done,  by  or  through  their  agency,  that  is  likely 
to  cause  unpleasant  consequences.  Our  instruc 
tions  and  sense  of  duty,  however,  alike  demand 
that  all  measures  proper  and  necessary  for  the  se 
curing  the  public  funds  for  the  benefit  of  the 
State  of  Texas,  shall  be  attempted,  and,  if  possi 
ble,  carried  to  a  successful  termination. 
We  remain,  very  respectfully, 

Your  obedient  servant, 

THOMAS  J.  PEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 

Commissioners  on  behalf  of  Committee 
of  Public  Safety. 

HEADQUARTERS  DEPARTMENT  OF  TEXAS,  / 
SAN  ANTONIO,  February  25,  1861.      i 

To  Messrs.  Thomas  J.  Demne,  P.  N.  Lvckett,  S. 

A.    Maverick,    Commissioners,  etc.,    etc.,  San. 

Antonio  : 

GENTLEMEN  :  I  have  already  acknowledged  the 
receipt  of  your  letter  of  the  twenty-second  inst., 
and  the  pressure  of  my  public  duties  must  be  my 
apology  for  not  answering  it  at  an  earlier  date. 

In  regard  to  the  five  questions  proposed  in  your 
communication,  and  your  request  that  the  u  vari 
ous  disbursing  officers,  or  heads  of  departments, 
be  required  to  furnish  you  with  answers  'certi 
fied'  by  them  '  on  honor,'  "  I  have  to  state  that 
I  have  no  power  to  compel  a  compliance  with 
your  wishes.  An  order  of  that  kind  would  be 
illegal,  and  they  would  not  be  bound  to  obey  it. 
As  regards  myself,  if  I  were  to  issue  an  order 
that  would  endanger  the  public  funds,  or  cause 
a  disposition  of  them  not  sanctioned  by  law,  I 
should  place  my  commission  in  jeopardy,  and  ren 
der  myself  liable  for  the  amounts  involved.  In 
relation  to  the  payment  of  the  claims  against  the 
United  States,  I  would  remark  that  the  disburs 
ing  officers  by  whom  the  debts  were  contracted, 
are  the  proper  persons  to  pay  them,  as  they  alone 
can  know  the  amounts  actually  due. 

I  will  here  repeat  what  I  have  more  fully  stat 
ed  in  a  former  communication — that  I  cannot  re- 


DOCUMENTS. 


129 


cognise  the  right  of  Texas  to  claim  any  portion 
of  the  funds  in  the  hands  of  the  disbursing  offi 
cers.  In  this  view  of  the  case,  I  am  confirmed 
by  the  most  positive  assurance  of  Gen.  Twiggs, 
that  he  has  not  at  any  time,  or  in  any  way,  con 
sented  to  the  transfer  of  the  public  funds  to  the 
State  of  Texas. 

I  am,  gentlemen,  very  respectfully, 

Your  obedient  servant, 

C.  A.  WAITE, 

Colonel  U.  S.  A.  Commanding  the  Department. 

HEADQUARTERS  DEPARTMENT  OF  TEXAS,  ) 
SAN  ANTONIO,  March  2,  1861.      J 

To  Messrs.    Thomas  J.  Devine,  P.  N~.  Luclcett, 
Samuel  A.  Maverick,  Commissioners  on  behalf 
of  Committee  on  Public  Safety,  San  Antonio: 
GENTLEMEN  :  I  here  repeat  in  writing  the  sub 
stance  of  the  remarks  made  verbally  to  you  yes 
terday,  with  respect  to  the  funds  on  hand,  the  ex 
isting  debts  of  the  United  States  .Quartermaster's 
Department,  and  those  which  may  accrue  during 
the  stay  of  the  United  States  troops  within  the 
limits  of  the  State  of  Texas. 

That  I  will  exert  the  full  extent  of  my  author 
ity  to  cause  to  be  paid  to  the  citizens  of  Texas, 
all  just  demands  they  may  hold  against  the  United 
States,  pertaining  to  the  Quartermaster's  Depart 
ment,  or  that  may  hereafter  be  contracted  by  said 
Department,  so  far  as  the  funds  on  hand  will  per 
mit  ;  and,  further,  that  it  having  been  ascertained 
that  the  available  funds  on  hand  are  not  sufficient 
to  liquidate  the  present  outstanding  demands,  I 
will  cause  an  estimate  to  be  made  for  such  further 
Bums  as  may  be  deemed  sufficient — it  being  under 
stood  and  agreed  to  by  said  Commissioners,  that 
such  sums  as  may  be  necessary  for  the  hire  of  team 
sters,  lighters,  the  purchase  and  delivery  of  for 
age,  fuel,  and  other  supplies,  and  to  meet  all  the 
expenditures  necessary  for  a  "  regular  and  com 
fortable  movement "  of  the  troops  on  their  march 
from  their  present  stations  to  the  coast,  and  to 
enable  them  to  embark,  shall  be  retained  and 
held  subject  to  such  expenditures. 

I  am,  gentlemen,  very  respectfully 

Your  obedient  servant, 

C.  A.  WAITE, 

Col.  Com'g  Dept.  Texas  — Col.  U.  S.  A.  Comm.  Dept. 

Approved  by  the  undersigned  Commissioners 
on  behalf  of  the  Committee  of  Public  Safety. 

SAN  ANTONIO,  TEXAS,  March  2, 1861. 
We,  the  Commissioners  on  behalf  of  the  Com 
mittee  on  Public  Safety,  will  place  at  the  disposal 
of  the  commanding  officer  of  the  troops  in  Texas, 
such  means  of  transportation  as  are  at  our  com 
mand,  to  be  used  by  said  troops  in  transporting 
their  baggage,  provisions,  forage,  and  other  sup 
plies,  to  such  points  on  the  coast  as  have  been 
Bel  2cted  for  embarkation. 

THOMAS  J.  DEVINE, 

S.  A.  MAVERICK, 

P.   N.   LUCKETT, 
Commissioners  on  behalf  of  Com.  of  Public  Safety. 


(Circular.') 

HEADQUARTERS  DEPARTMENT  OF  TEXAS,  } 
SAN  ANTONIO,  February  25,  1861.      f 

SIR:  As  some  of  the  companies  in  the  Depart 
ment  have  already  evacuated  their  posts,  deem 
ing  the  requirements  of  General  Orders  No.  Five 
immediate,  the  Department  Commander  calls  the 
attention  of  Post  Commanders  to  the  condition  as 
therein  expressed,  viz.:  "As  soon  as  the  neces 
sary  preparations  can  be  made."  The  "necessary 
preparations"  will  be  made  at  these  Headquar 
ters,  and  no  troops  will  be  put  in  motion  until  or- 
ders  for  such  purposes  shall  be  issued  from  the 
Department. 

Should,  however,  any  of  the  companies  within 
this  command  have  left  their  stations,  and  be 
found,  on  receipt  of  these  instructions,  on  the 
march  for  the  coast,  they  will  not  consider  the 
above  requirements  as  operative  upon  them,  but 
will  continue  their  line  of  march. 

I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

U.  A.  NICHOLS, 

Assistant  Adjutant-General, 

Copy  of  circular  addressed  to  Post  Command 
ers.  For  the  State  Commissioners,  etc.,  San  An 
tonio,  Texas. 

OFFICE  OF  COMMISSIONERSJ  ) 
SAN  ANTONIO,  March  2,  1861.      f 

To  Colonel  C.  A.  Waite,  U.  S.  A.,  Commanding 

Department  of  Texas : 

SIR:  We  are  credibly  informed  that  after  the 
departure  of  Capt.  Macklin's  company,  from  Camp 
Verde,  the  soldiers  of  Company  A,  First  infantry, 
burned  up  a  chest  of  saddler's  tools,  belonging  to 
the  Federal  Government,  left  by  Capt.  Brackett, 
to  be  placed  in  the  quartermaster's  store.  Five 
days  after,  on  the  night  of  the  return  of  that  com 
pany  to  Camp  Verde,  the  men  broke  into  the 
hospital,  and  after  consuming  the  liquor,  de 
stroyed  all  they  could  not  conveniently  appropri 
ate  to  their  own  use ;  the  night  after,  they  broke 
into  the  carpenter's  shop,  and  destroyed*  every 
thing  that  was  not  appropriated  by  them  to  their 
own  use. 

We  desire  to  call  your  attention  to  this  trans 
action,  as  it  is  not  in  the  spirit  or  according  to 
the  letter  of  the  agreement  between  Gen.  Twigga 
and  the  undersigned.  We  have  to  request  that 
this  company  be  removed,  as  soon  as  possible, 
from  Camp  Verde.  The  officers  and  men  of  Com 
pany  A  will  be  held  liable  for  any  destruction  of 
property,  or  other  outrage,  which  they  may  fail 
to  prevent  or  be  guilty  of. 

We  remain,  respectfully,  etc.,  etc., 

THOMAS  J.  DEVINE, 
S.  A.  MAVERICK, 
P.  N.  LUCKETT, 
Commissioners  on  behalf  of  the  Com.  of  Public  Safety. 

HEADQUARTERS,  SAN  ANTONIO,  ] 
TEXAS,  March  2,  1S61.    '  f 

To  the  Commissioners: 
SIRS  :  I  have  the  honor  to  report,  that : 
1.  Lieut.  S.  W.  McCallister,  of  Capt.  Jordon's 
company,   with  one  sergeant,  one  corporal,  and 
eighteen  privates,  are  en  route  for  Fort  Davis. 


130 


REBELLION  RECORD,  1860-61. 


2.  Sergeant  C.  Denman,  of  Capt.  T eel's  com 
pany,  with  one  corporal  and  fifteen  privates,  are 
en  route  for  Camp  Stockton. 

3.  Lieut.  J.   C.  Moody,  of  Capt.  Teel's  com 
pany,  with  one  corporal  and  fifteen  privates,  are 
en  route  for  Fort  Lancaster. 

4.  Sergeant  T.  L.  Wilson,  of  Capt.  Teel's  com- 
.pany,  with  one  corporal  and  fifteen  privates,  are 

en  route  for  Camp  Hudson. 

5.  Lieut.  B.  E.  Benton,  of  Seguin,  has  orders 
to  repair  immediately  to  Fort  Mason,  with  twenty 
mounted  men. 

6.  Lieut.  James  Paul,  of  Castroville,  has  orders 
to  repair  immediately  to  Camp  Verde,  with  twen 
ty-five  mounted  men. 

7.  Lieut.  W.  Adams,  of  Uvalde,  has  orders  to 
repair  immediately  to  Fort  Inge  and  Camp  Wood ; 
ten  mounted  men  at  the  former  and  twenty-five 
mounted  men  at  the  latter  place — in  all,  thirty- 
five  men. 

8.  Captain  T.  T.  Teel  and  Lieut.  Bennett  are 
awaiting   orders^   with   fifteen   privates  each,   to 
garrison  Fort  Duncan  and  Fort  Clarke. 

9.  Lieutenant  Benton,  Lieut.  Paul,  and  Lieut. 
Adams,  furnish  their  respective  detachments  with 
arms  and  ammunition,  also  horses. 

10.  If  it  be  deemed  advisable  to  muster  the  de 
tachments  of  Lieuts.  Benton,  Paul  and  Adams,  I 
can  repair  to  their  stations,  and  do  it.     Colonel 
McCulloch  did  not  deem  it  necessary  that  they 
should  report  at  these  headquarters  for  that  pur 
pose.         I  am,  sir,  respectfully,  etc., 

W.  T.  MECKLING, 

Captain  and  Assist.  Adjutant-General. 

To  Hon.  T.  J.  DEVINE,  S.  A.  MAVERICK,  and  P. 
N.  LUCKETT,  Commissioners. 

HEADQUARTERS,  SAN  ANTONIO,  TEXAS,  | 
March  1,  1861.      f 

To  the  Hon.  Commissioners : 

SIRS  :  I  have  the  honor  to  report  that  I  mus 
tered  and  inspected  the  several  detachments  of 
State  troops,  who  are  to  occupy  Forts  Davis  and 
Lancaster,  Camps  Stockton  and  Hudson,  and  re 
port  them  encamped  about  eight  miles  west  of 
this  cit&  ready  to  march  at  a  moment's  notice. 

Enclosed  is  a  copy  of  the  order  assigning  them 
to  their  posts,  and  order  of  march. 

I  am,  sirs,  very  respectfully, 
your  obedient  servant, 

W.  T.  MECKLINO, 

Captain  and  Assist.  Adjutant-General. 

To  Hon.  T  J.  DEVINE,  P.  N.  LUCKETT,  and  S.  A. 
MAVERICK,  Commissioners. 

Answers  to  Capt.  Blair  and  Major  MacTclin. 

Memorandum  of  Subsistence,  Funds  and  Lia 
bilities  in  the  Office,  and  under  the  control  of  the 
Commissary  of  Subsistence. 


FUNDS. 


On  deposit  in  New-Orleans, 
On  hand  in  coin,    .     .     .     . 


$2,943  00 
4,633  47 


Total, $7,576  47 


LIABILITIES. 

For  flour  delivered,  and  in  course  of 

delivery,  at  various  posts,  .  .  .  $5,604  20 

To  fill  requisitions  for  current  ex 
penditures  at  the  various  posts,  .  8,498  69 


Total, $14,102  89 

The  above  embraces  the  whole  of  the  public 
funds  under  my  control,  of  all  kinds  and  descrip 
tions,  and  all  evidences  thereof. 

W.  B.  BLAIR, 
SAN  ANTONIO,  February  28, 1861.  Captain  C.  S. 

SAN  ANTONIO,  TEXAS,  Feb.  28, 1861. 

To  the  Commissioners: 

GENTLEMEN  :  In  answer  to  your  demand,  to  be 
informed  of  the  amount  of  public  money  received 
and  expended  by  me  since  the  thirty-first  day  of 
October,   1860,  as  well  as  the  amount  now  on 
hand,  and  on  deposit  to  my  credit,  I  remark : 
That  on  the  twentieth  of  January, 
1861,  deposited  to  my  credit,  in 
the  Treasury,  New-Orleans,    .     .     $25,000  00 
On  the  twenty  -  second   of  Febru 
ary,    in  the  Treasury,  New  -  Or 
leans,     50,000  00 

Deposited  to  my  credit  in  the  Treas 
ury  of  New- York,  on  the  first  of 
February,  1861, 5,000  00 


Making  total  to  my  credit,  since  the 

thirty-first  day  of  October,  1860,  $80,000  00 

Since  the  date  of  the  above  depo 
sits,  I  have  expended  in  paying 
the  public  dues  from  the  deposits 
in  New-Orleans, $36,649  66 

Expended  from  the  deposit  in  New- 
York,  3,877  50 

Total  expended  from  the  above  de 
posits,  $40,527  16 

Leaving  balance  to  be  accounted  for, 
$39,472.84,  which  will  be  explain 
ed  as  follows,  viz.  : 

Draft  drawn  by  me  in  favor  of  Lieut. 
Thomas  M.  Jones,  U.  S.  A.,  on 
deposit  in  New-Orleans,  and  now 
en  route  to  this  place,  ....  $30,000  00 

Balance  in  Treasury,  New-Orleans,          8,550  84 

Balance  in  Treasury,  New-York,     .          1,122  50 


Total  amount  on  hand,  on  deposit 

and  en  route  to  this  place,      .     .      $39,472  84 

It  is  impossible  for  me  to  say,  with  a  positive 
certainty,  what  amount  it  will  require  to  pay  the 
troops  (for  whom  the  estimate  upon  which  the 
above  funds  were  furnished)  to  the  present  date. 
But  I  am  pretty  certain  that  $16,000  will  be  suf 
ficient. 

Please  allow  me  to  say,  that  there  may  be 
some  errors  in  this  hasty  report,  but  I  feel  well 
assured  that  the  errors  are  slight. 

I  have  the  honor  to  be,  gentlemen,  respectfully 
your  obedient  servant,  SACKFIFLD  MACKLIN, 

Late  Paymaster  United  States  Army. 

To  T.  J.  DEVINE,  S.  A.  MAVERICK,  P.  N.  LUCKETT, 

Commissioner*, 


DOCUMENTS. 


131 


{Report  No.  2 — Gen.  Rogers' s  Mission.} 

COMMITTEE  ROOM,  March  7, 1861. 

To  the  Hon.  0.  M.  Roberts,  President  of  the  Con 
vention  : 

The  Committee  on  Public  Safety  beg  leave  to 
report  through  you,  to  the  Convention,  that  on 
the  fourteenth  day  of  February  they  were  in  ses 
sion  at  the  city  of  Galveston,  and  at  that  time 
they  felt  the  great  necessity  of  having  more  arms 
than  were  to  be  found  in  the  State,  and  the  Hon. 
Geo.  Williamson,  Commissioner  from  Louisiana 
to  Texas,  being  then  in  that  city,  they  caused 
the  Chairman  of  the  Committee  to  address  to 
him  a  communication,  which  with  the  answer 
thereto  is  herewith  submitted. 

GALVESTON,  TEXAS,  February  14, 1861. 
To  Geo.  Williamson,  Commissioner  from  Louis 
iana  to  the  State  of  Texas : 
DEAR  SIR  :  The  Committee  of  Public  Safety 
regret  to  have  to  make  known  to  your  State, 
through  yourself,  the  unfortunate  condition  of 
Texas  as  to  arms  for  her  people.  Should  coercion 
be  the  policy  of  the  incoming  Administration 
at  Washington,  we  hope  to  be  able  to  bring  into 
the  field  as  many  strong  arms  and  brave  hearts, 
as  our  Southern  sisters  ;  but  in  this  crisis  we 
must  ask  them  to  lend  us  whatever  spare 
arms  they  may  have.  The  Committee  beg  to 
know  of  you  what  assurances  you  can  give  to 
Texas  in  behalf  of  your  gallant  State  on  this  sub 
ject  ?  Especially,  sir,  would  we  ask  of  you  your 
individual  efforts  in  our  behalf,  to  secure  for  us 
the  two  pieces  of  ordnance,  well  known  in  the 
history  of  Texas  as  the  "  Twin  Sisters."  We  are 
informed  that  they  are  now  in  the  hands  of  the 
State  of  Louisiana,  having  been  lately  taken  from 
the  Federal  Government. 

In  conclusion,  sir,  allow  me,  in  behalf  of  the 
Committee,  to  extend  to  you  the  highest  regards 
of  each  member  for  yourself,  personally,  and 
their  best  wishes  for  your  welfare  and  happiness, 
and  that  of  your  people. 

I  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servant, 

J.  C.  ROBERTSON, 

Chairman  of  Committee  of  Public  Safety. 
GALVESTON,  February  17, 1861. 

Hon.  J.  C.  Robertson,  Chairman  Committee  of 

Public  Safety : 

DEAR  SIR  :  In  reply  to  your  note  of  this  date, 
I  beg  leave  to  state  that  owing  to  the  timely  and 
patriotic  action  of  the  Governor,  in  seizing  the 
United  States  forts  and  arsenals  in  Louisiana,  the 
State  is  abundantly  provided  with  arms.  It  is 
needless  for  me  to  assure  you  that  the  State  I 
have  the  honor  to  represent  as  Commissioner, 
feels  the  liveliest  interest  in  everything  that  per 
tains  to  the  safety  and  protection  of  Texas.  Re 
lying  upon  this  feeling,  and  knowing  personally 
the  Governor,  I  can  assure  you  that  he  will  do  all 
in  his  power  to  supply  the  want  of  arms  you  say 
now  exists  in  Texas.  Her  gallant  sons  who  are 
so  eager  to  again  recover  her  independence, 
should  have  the  means  to  accomplish  their  desire. 


I  shall  use  every  effort  in  my  power  to  accomplish 
your  wishes,  both  in  regard  to  the  arms  and  to 
the  historic  "Twin  Sisters." 

Permit  me  to  suggest  to  your  Committee  tho 
propriety  of  sending  a  Commissioner  to  the  State 
of  Louisiana,  to  negotiate  for  a  loan  of  arms  and 
munitions  of  war,  vested  with  full  authority  to 
receipt  for  the  same  in  the  name  of  the  State  of 
Texas.  I  shall  heartily  cooperate  with  him. 

I  beg  leave  to  tender  my  thanks  to  yourself 
and  the  Committee,  for  the  courtesies  extended 
to  me  during  my  agreeable  visit  to  your  State. 

With  assurances  of  my  kindest  regards  and 
respect,  I  have  the  honor  to  be 

Your  obedient  servant, 

GEORGE  WILLIAMSON, 

Commissioner  of  the  State  of  Louisiana. 

They  further  report  that  from  the  tenor  of  said 
letters  in  answer  to  the  communication  from  the 
Committee,  they  were  encouraged  to  make  the 
effort  to  obtain  some  of  the  arms  with  which  the 
State  of  Louisiana  was  so  abundantly  supplied. 
They  accordingly  issued  to  James  H.  Rogers,  one  of 
this  Committee,  a  commission  to  proceed  to  ac 
complish  that  object ;  which  commission,  togeth 
er  with  his  instructions  as  to  the  disposition  of 
said  arms,  are  herewith  submitted  : 

"Commission." 

COMMITTEE  ROOM,  GALVESTON,  TEXAS,  ) 
February  20,  1861.      f 

To  Gen.  James  H. 


SIR  :  You  are  hereby  commissioned  as  a  spe 
cial  officer,  to  proceed  at  once  to  the  city  of  Baton 
Rouge,  in  the  State  of  Louisiana,  and  there  con 
fer  with  the  Governor  of  said  State,  or  other  le 
gaily  constituted  authority,  for  the  purpose  of  pro 
curing  therefrom  as  many  arms  as  you  can  ob 
tain,  for  the  use  and  benefit  of  the  people  of 
Texas,  and,  in  the  event  of  your  failing  to  obtain 
the  same,  or  a  sufficient  number  thereof,  from, 
said  State  to  answer  the  present  urgent  demand 
therefor  in  Texas,  you  shall,  if  in  your  judgment 
it  be  right  and  proper  so  to  do,  proceed  at  once  to 
the  State  of  Alabama,  on  a  like  mission. 

JOHN  C.  ROBERTSON, 

Chairman  of  the  Committee  of  Public  Safety. 

[Attest]  R.  T.  BROWNRIGG, 

Secretary  to  the  Committee. 

"Instructions" 

Resolved,  That  the  Commissioner  appointed  to 
visit  the  State  of  Louisiana,  for  the  purpose  of 
procuring  arms  for  the  use  of  the  State,  be  in 
structed  to  dispose  of  the  same  in  the  following 
manner,  namely : 

One  half  the  arms  to  be  obtained  by  him  shall 

shipped  to  J.  M.  &  J.  C.  Murphy,  Jefferson, 

Vlarion  County,  Texas,  subject  to  the  order  of  the 

Convention,  and  the  other  half  to  E.  B.  Nichols, 

&  Co.,  Galveston,  Texas,  subject  to  same  order. 

A  few  days  after  the  departure  of  said  Commis 
sioner,  he  returned  to  this  Committee  the  follow 
ng  encouraging  communication : 


132 


REBELLION  RECORD,  1860-61. 


NEW-ORLEANS,  February  23,  1361. 

Son  John  C.  Robertson,  Gaheston,  Texas : 

MY  DEAR  SIR  :  I  arrived  here  safe  yesterday 
morning,  met  that  prince  of  gentlemen,  Col.  Wil 
liamson,  and  I  have  conferred  with  him  fully  on 
the  object  of  my  mission.  He  had  just  returned 
from  a  visit  to  the  Governor  at  Baton  Rouge, 
whither  he  went  as  our  friend,  on  the  subject  of 
arms. 

He  gave  me  the  kindest  assurances  of  the 
friendly  feelings  of  the  Governor,  and  the  people 
of  Louisiana  to  our  cause,  and  introduced  me  to 
Gen.  Bragg,  who  assures  me  of  the  loan  of  five 
thousand  stand  of  arms,  and  gives  me  letters  to 
the  Governor,  stating  the  ability  of  Louisiana  to 
spare  so  many — two  thousand  percussion  and 
three  thousand  flint  and  steel.  I  have  seen  the 
arms,  they  are  good  and  in  prime  order,  and  I 
shall  receive  them,  believing  it  to  be  for  the  inter 
est  of  Texas. 

Col.  Williamson  says  he  has  procured  the  Legis 
lature  of  this  State  to  dress  up  and  remount  the 
u  Twin  Sisters,"  and  has  their  assurance  that 
they  will  then  be  presented  to  Texas  by  Louis 
iana. 

Gen.  Bragg  says  he  has  assurances  from  United 
States  officers  in  Texas,  that  if  they  are  properly 
treated  they  will  come  into  the  service  of  Texas, 
and  strongly  recommends  mildness  and  courtesy 
towards  them  ;  that  such  a  course  will  bring  them 
to  us,  and  make  them  a  breastwork  for  our  de 
fence. 

Allow  to  recommend  respectfully  the  views  of 
Gen.  Bragg  on  this  subject  as  being  those  of 
wisdom  and  prudence,  and  to  beg  that  they  may 
be  adopted. 

I  shall  leave  this  evening  for  Baton  Rouge, 
and  will  get  back  to  Austin  as  soon  as  I  can. 

Once  more — mildness  and  peace  is  the  true 
policy  for  Texas.  Give  the  officers  and  soldiers 
a  chance,  and  all  will  be  well.  For  God's  sake 
and  the  interest  of  Texas,  avoid  harshness  and 
blood — the  latter  is  ruin,  the  former,  prosperity 
and  safety. 

In  much  haste,  very  respectfully, 

JAMES  H.  ROGERS. 

The  Committee  have  the  pleasure  to  announce 
to  the  Convention,  that  said  Commissioner  has 
returned  from  his  mission,  and  submitted  to  the 
Committee  the  following  report  and  accompany 
ing  documents,  all  of  which  they  respectfully 
submit  to  the  Convention  as  a  part  of  this 
report. 

The  Committee  further  state  that  at  the  very 
earliest  possible  moment  they  will  furnish  further 
reports  of  their  proceedings. 

I  have  the  honor  to  be,  very  respectfully, 
JOHN  C.  ROBERTSON, 

Chairman  of  Committee  of  Public  Safety. 

Report  of  J.  H.  Rogers,  and  accompanying  Docu 
ments. 

AUSTIN,  TEXAS,  March  5, 1861. 

To  Hon.  J:  C.  Robertson,  Chairman  of  Committee 

of  Public  Safety  : 

SIR'  Tn  obedience  to  instructions  given  me, 
and  acting  by  authority  of  the  Convention  of 


the  State  of  Texas,  as  Commissioner  to  the  State 
of  Louisiana,  charged  with  the  duty  of  procur 
ing  arms  of  that  State  for  the  defence  of  Texas, 
in  case  of  invasion,  I  have  the  honor  to  report : 

That  on  the  twentieth  day  of  February,  1861, 
I  left  the  city  of  Galveston,  and  on  the  twenty- 
second,   reached   the   city  of  New-Orleans,  an 
entered  immediately  upon  the  discharge  of  sai 
duty. 

It  affords  me  great  pleasure  to  state  to  you, 
and  through  you  to  the  Convention,  that  owing 
to  the  kindly  aid  of  the  late  Commissioner  from 
the  State  of  Louisiana  to  the  State  of  Texas,  Col. 
George  Williamson,  and  also  to  that  of  Major- 
Gen.  Bragg,  and  the  warm  feeling  of  friendship 
entertained  by  the  Governor  of  the  State  towards 
Texas,  I  had  but  little  difficulty  in  the  discharge 
of  my  mission. 

On  the  twenty-third  of  February,  I  had  the 
honor  to  address  to  his  Excellency  the  Governor 
of  the  State  of  Louisiana,  the  communication 
hereto  appended,  (marked  No.  1,)  and  received 
from  him  promptly,  an  order  for  five  thousand 
stand  of  arms,  four  thousand  two  hundred  and 
fifty  flint  and  steel,  and  seven  hundred  and  fifty 
percussion  muskets. 

Whilst  this  order  was  being  filled,  the  newrs 
of  the  capture  of  arms  and  munitions  of  war  at 
San  Antonio,  and  the  subsequent  agreement  be 
tween  our  Commissioner  at  that  point,  and  Bre 
vet  Major-Gen.  Twiggs,  for  the  withdrawal  of 
the  Federal  troops  from  Texas,  and  the  surrender 
of  the  arms  at  the  various  posts  in  Texas,  was 
received  by  Gov.  Moore,  who  immediately  ad 
dressed  me  the  appended  note,  (marked  No.  2,) 
limiting  the  original  order  to  one  thousand  stand 
of  muskets,  with  assurance  that  should  necessity 
require  it,  this  loan  should  be  increased. 

I  would  further  report  that  on  the  twenty- 
sixth  of  February,  I  received  by  order  of  the 
Governor  the  said  arms.  In  obedience  to  your 
instructions,  I  immediately  had  shipped  five 
hundred  stand  to  Messrs.  J.  M.  &  J.  C.  Murphy, 
Jefferson,  Marion  County,  Texas,  and  five  hun 
dred  stand  to  Messrs.  E.  B.  Nichols  &  Co.,  Gal 
veston,  where  they  now  are,  subject  to  the  order 
of  the  Convention.  It  was  impossible  to  pro 
cure  either  cartridge-boxes  or  ammunition,  as  the 
State  of  Louisiana  was  not  sufficiently  provided 
to  extend  the  loan.  Failing  in  this,  and  deeming 
it  necessary  to  ascertain  where  the  State  of  Texas 
could  most  speedily  supply  herself,  I  instituted 
inquiry  in  the  city  of  New-Orleans,  and  am  able 
to  furnish  the  Committee  with  satisfactory  in 
formation  upon  that  point,  by  appending  state 
ment  marked  "  A." 

The  muskets  I  receipted  for  in  the  name  of  the 
State  of  Texas,  and  have  pledged  the  faith  of  the 
State  for  their  return,  or  payment  at  their  ap 
praised  value.  I  have  the  pleasure  to  inform  you, 
that  through  the  agency  of  Col.  Williamson,  the 
Legislature  of  the  State  of  Louisiana  has  ordered 
the  "  Twin  Sisters,"  the  San  Jacinto  thunderers, 
to  be  remounted  in  fine  style,  and  presented  by 
the  State  of  Louisiana  to  the  State  of  Texas, 
which  I  am  assured  will  be  shortly  done.  I  feel 


DOCUMENTS. 


133 


confident  that  this  delicate  demonstration  of 
regard  for  our  State,  will  be  duly  appreciated  by 
yourselves  and  the  gallant  people  of  Texas, 
whose  interests  you  represent. 

Having  been  instructed  to  make  application  to 
the  State  of  Alabama,  for  a  similar  loan  of  arms, 
etc.,  whilst  in  New-Orleans,  I  telegraphed  our 
delegates  at  Montgomery,  enquiring  as  to  the 
chance  of  success  in  that  quarter,  and  received 
from  the  Hon.  W.  B.  Ochiltree,  the  following 
reply : 

MONTGOMERY,  February  22, 1861. 
GEN.  J.  H.  ROGERS  :  Alabama  having  to  sup 
port  Florida,  can  spare  no  arms  to  Texas  for  the 
present.  W.  B.  OCHILTREE. 

I  therefore  did  not  prosecute  that  branch  of 
my  mission  further,  deeming  it  unnecessary  to 
do  so.  An  invoice  of  ordnance  and  ordnance 
stores,  receipted  for  by  me,  I  herewith  transmit  to 
you,  (marked  "  B,")  together  with  other  documents 
referred  to,  for  your  inspection.  I  cannot  close 
this  report  without  expressing  my  heartfelt  grati 
tude,  as  a  citizen  of  Texas,  to  his  Excellency  Gov. 
Thomas  0.  Moore,  to  Gen.  Bragg,  and  to  Col.  Geo. 
Williamson,  for  their  generous  kindness  to  me, 
whilst  acting  as  your  agent.  Trusting  that  I 
have  satisfactorily  discharged  the  duty  imposed 
upon  me,  I  have  the  honor  to  remain, 

Yours  most  respectfully, 

JAMES  H.  ROGERS, 

Commissioner. 

(Communication  No.  1.) 

NEW-ORLEANS,  February  23, 1861. 

To  Ms  Excellency  the  Governor  of  the  Sovereign 

State  of  Louisiana : 

SIR  :  I  have  been  honored  by  the  State  of 
Texas,  with  the  performance  of  a  duty  alike  re 
sponsible  and  delicate.  Your  Excellency  has 
been  notified  that  on  the  first  of  February,  1861, 
the  Ordinance  ratifying  and  acceding  to  the  arti 
cles  of  annexation,  passed  on  the  fourth  of  July, 
1845,  were  formally  annulled  by  a  Convention  of 
the  people  of  Texas,  assembled  at  our  capital 
city,  Austin.  The  ordinance  of  secession  was 
submitted  for  ratification  or  rejection  to  the  peo 
ple  of  the  State,  to  be  determined  at  the  ballot- 
box,  on  this  the  twenty-third  of  this  month. 

Such  has  been  the  confidence  of  the  delegates 
in  the  action  of  the  people,  that  although  the 
Convention  has  taken  a  recess  until  the  second 
of  March  next,  active  measures  have  been  in  the 
mean  time  taken,  to  provide  against  the  threatened 
attempt  at  coercion.  Entertaining  a  lingering 
hope  that  a  returning  sense  of  justice  would  in 
duce  the  dominant  party  of  the  old  Union,  to 
pursue  such  course  as  would  justify  a  continu 
ance  of  that  Union,  our  people  have  permitted  the 
^ay  of  results  to  dawn  upon  them  unprepared  to 
a  great  extent  for  the  collision  that  now  seems  in 
evitable.  The  determination  of  the  people  of 
Texas  is  fixed!  Whatever  may  be  the  conse 
quences,  Texas  has  thrown  her  influence,  and 
will  throw  her  sword  into  the  scales,  with  her 
sister  Southern  States.  The  relations,  both  social 


and  commercial,  which  have  grown  up  and  so 
clovsely  entwine  each,  make  the  interests  and 
future  destiny  of  Texas  and  Louisiana  the  same. 
The  idea  of  a  separate  republic  has  never  been 
seriously  entertained  by  the  people  of  Texas. 

The  enemies  of  secession  have  attempted  to 
embarrass  immediate  action,  by  intimating  such 
a  course.  I  beg  to  assure  you,  as  the  recent 
action  of  our  Convention,  in  sending  delegates  to 
the  Montgomery  Convention,  indicates,  that  Texas 
will  link  her  destinies  with  the  fortunes  of  her 
sister  cotton  and  sugar-growing  States,  and  the 
banner  which  waves  over  their  patriotic  sons,  in 
peace  or  war,  will  float  over  the  undaunted  sons 
of  the  Lone  Star  State. 

The  mansion  and  cottage  hearth-stone  shall 
be  made  desolate,  and  the  west  bank  of  the  Red 
River  become  a  frontier,  before  hostile  Federal 
troops  will  from  her  direction,  ever  place  foot 
upon  the  soil  of  Louisiana. 

Circumstances  require  that  Texas  should  ap 
peal  to  Louisiana  for  arms  in  this  emergency, 
and  I  have  the  honor  to  be  commissioned  for  this 
purpose.  I  am  prepared  to  guarantee  to  your 
Excellency  their  proper  use,  and  unless  lost  in 
glorious  battle  for  freedom  and  equal  rights, 
their  safe  return. 

I  have  the  honor  to  be,  sir, 

Very  respectfully,  your  obedient  servant, 

JAMES  H.  ROGERS. 

(Communication  No.  2.) 

EXECUTIVE  OFFICE,  BATON  ROUGE,  LA,  } 
February  25,  1861.      ) 

To  Gen.  James  H.  Rogers,  Agent  of  the  State  Oj 

Texas. 

SIR  :  In  consequence  of  the  news  this  day  re 
ceived,  of  the  withdrawal  of  Gen.  Twiggs  and  his 
command  from  Texas,  and  of  the  State's  thus  get 
ting  possession  of  large  quantities  of  military  mu 
nitions,  I  presume  there  no  longer  exists  the  want 
of  arms  which  you  were  sent  (here  to  procure. 
But  as  the  arms,  etc.,  surrendered  by  the  retiring 
corps  of  the  United  States  troops,  are  in  Western 
Texas,  leaving  Eastern  Texas  comparatively  desti 
tute,  I  have  ordered  one  thousand  stand  of  mus 
kets  to  be  issued,  for  the  purpose  of  being  sent  to 
Jefferson  for  distribution  in  that  portion  of  the 
State. 

Should  my  inference  from  the  reported  retiring 
of  Gen.  Twiggs  and  command  prove  erroneous,  I 
shall  respond  to  a  renewal  of  your  call  for  a  loan 
of  arms,  by  promptly  shipping  such  as  we  may 
then  be  able  to  spare. 

Fully  approving  the  active  preparation  made 
by  the  authorities  of  Texas  for  her  deience,  and 
desirous  of  aiding  them  in  every  proper  way,  I 
remain,  very  respectfully, 

Your  obedient  servant, 

THOMAS  0.  MOORE, 
Governor  of  tLo  State  of  Louisiana. 

(Document  "4.") 

Statement  from  P.  Rotchford,  Agent  for  tha 
Du  Font's  powder. 

United  States  cannon  powder,  ....     $6 


134 


REBELLION   RECORD,  1860-01. 


100  kegs  rifle,  .     .          .  ...     $6 

500     "     musket, 6 

at  the  powder  magazine. 

Common  cannon  powder  is  only  $5  per  keg, 
for  blasting  and  for  saluting  purposes. 

It  will  be  necessary  to  give  some  timely  notice 
in  order  to  have  any  quantity  of  powder.  We 
have  also  some  rifle  powder  at  $5,  which  is  con 
sidered  good,  but  only  one  or  two  hundred  kegs  ; 
it  would,  no  doubt,  do  for  cannon,  as  it  is  strong. 

P.  ROTCHFORD, 

49  Union  Street. 

(Document  No.  3.) 

Invoice  of  ordnance  and  ordnance  stores,  turned 
over  by  H.  Oladowski,  commanding  Baton  Rouge 
Arsenal,  to  James  H.  Rogers,  Agent  of  the  State 
of  Texas,  in  obedience  to  order  of  Governor  and 
Commander-in-Chief  of  the  State  of  Louisiana 
Army. 

1000  muskets,  altered  to  percussion  model,  1822. 
1000  screwdrivers  for  percussion  arms. 
1000  cones  "  "  " 

1000  wipers  for  muskets    "  " 

100  ball  screws  for 
100  screw-vices  "  " 

50  arm  chests. 

I  certify  that  the  above  is  a  correct  invoice  of 
ordnance  and  ordnance  stores,  turned  over  by 
me,  this  twenty-sixth  day  of  February,  1801,  to 
James  H.  Rogers.  H.  OLADOWSKI, 

Commanding  Arsenal. 

The  surrender  of  the  public  property  in  San 
Antonio,  as  reported  by  the  Committee  of  Public 
Safety,  was  not  without  embarrassments.  The 
concentration  of  so  large  a  body  of  undisciplined 
men  with  arms  in  their  hands,  and  with  excited 
feelings  against  the  Federal  Government,  was 
with  difficulty  controlled.  All  business  was  sus 
pended,  the  stores  were  closed,  and  a  collision 
momentarily  expected  between  the  few  United 
States  troops  on  duty  and  the  Texas  forces,  re 
gardless  of  the  authority  of  their  superiors.  There 
were  on  duty  in  the  city  one  hundred  and  twenty 
men,  belonging  to  the  First  and  Eighth  United 
States  infantry,  commanded  by  a  Captain  now  a 
Major  in  the  army  of  the  Confederated  States. 
The  sixteenth  and  seventeenth  of  February  were 
occupied  in  the  interchange  of  opinions  and  views 
between  the  Commander  and  the  Texan  Commis 
sioners.  A  demand  was  made  for  the  uncondi 
tional  laying  down  of  the  arms  in  the  hands  of 
the  United  States  troops,  and  it  was  not  until  the 
morning  of  the  eighteenth  inst.,  when  a  Sergeant, 
having  accidentally  heard  of  what  was  meditated, 
informed  his  Commander  "that  further  delay  was 
unnecessary,"  as  the  men  had  openly  declared 
that  they  wrould  resist  all  such  attempts,  and  die 
with  their  arms  in  their  hands."  It  was  appa 
rent  that  if  the  effort  was  made,  blood  would  be 
shed,  and  a  most  fearful  conflict  ensue  within  the 
limits  of  the  city.  The  design  was  abandoned, 
and  the  command  marched  out  of  the  city,  in  the 
presence  of  fifteen  hundred  Texas  troops,  with 
•  •  •«»««  in  their  hands,  colors  flying,  and  drums 
)1.  C.  A.  Waite,  First  infantry,  United 


States  army,  superseded  Gen.  Twiggs,  by  orders 
from  Washington,  which  he  received  at  Camp 
Verde,  his  station,  sixty-five  miles  distant,  on 
the  sixteenth  of  February,  1801.  Col.  Waite, 
ignorant  of  what  had  transpired  in  San  Antonio, 
obeyed  his  instructions  immediately.  The  Com 
missioners  of  Public  Safety  apprehending  this, 
and  learning  from  general  report  that  Col.  Waite 
was  as  then  termed  an  abolitionist,  or  a  black  re 
publican,  adopted  the  most  stringent  measures  to 
prevent  his  interfering  in  the  complete  accomplish 
ment  of  their  designs.  Detachments  of  mounted 
men  were  posted  upon  every  road  leading  to  and 
from  Camp  Yerde,  with  instructions  to  arrest  Col. 
Waite,  and  keep  him  in  close  confinement.  It 
so  happened  that  Col.  Waite,  on  his  way  to  San 
Antonio,  lost  his  road,  and  taking  an  Indian  trail, 
reached  the  city,  unknown  to  the  authorities,  on 
the  morning  of  the  nineteenth  of  February,  the 
day  after  the  completion  of  the  capitulation.  He 
found  himself  alone  and  helpless.  Any  attempt 
to  break  the  terms  would  have  caused  his  arrest 
and  confinement.  His  duty  now  was  towards 
those  officers  and  soldiers  far  removed  upon  the 
frontier,  who,  in  total  ignorance  of  the  treason 
which  had  sold  them  into  captivity,  had,  as  before 
stated,  but  a  limited  supply  of  provision,  ammu 
nition,  and  the  means  of  transportation.  To  com 
municate  with  them  was  impossible,  without  per 
mission  from  the  u  Committee  of  Public  Safety." 
The  highways  to  the  interior  were  filled  with 
armed  men,  with  instructions  to  arrest  persons 
travelling  to  and  fro,  and  to  withhold  all  letters 
found  in  their  possession.  There  was  no  alter 
native  but  to  have  an  amicable  understanding 
with  the  Texan  authorities,  in  order  to  relieve 
the  troops  serving  upon  the  frontier.  The  means 
were  accordingly  granted  Col.  Waite,  in  the  way 
of  horses  and  provisions,  to  enable  him  to  com 
municate  writh  the  officers  of  his  command.  Passes 
were  given  to  express  men  by  the  Committee  of 
Public  Safety,  to  permit  them  to  reach  the  vari 
ous  posts  along  the  frontier  with  instructions  from 
Col.  Waite.  These  instructions  were  examined 
by  the  Committee  before  being  sent.  As  offensive 
and  humiliating  as  it  was  to  the  Commander,  the 
order  of  Gen.  Twiggs,  directing  the  withdrawal 
of  the  troops  from  Texas,  was  transmitted  to  the 
officers  in  the  interior,  at  the  same  time  inform 
ing  them  that  transportation  and  subsistence 
would  be  sent  as  early  as  possible.  The  officers 
saw  in  the  surrender  of  Twiggs,  unavoidable  em 
barrassments  surrounding  them,  but  a  repetition 
of  the  disastrous  and  disgraceful  events  which 
had  been  enacted  throughout  the  country  the 
two  months  past.  Our  flag  had  been  dishonored, 
forts,  arsenals,  and  treasury  had  been  plundered, 
still  the  heart  of  the  nation,  throbbing  with  indig 
nation,  sought  reconciliation  and  forbearance  to 
avoid  collision  and  the  shedding  of  blood.  Isolated 
as  they  were,  with  small  commands  in  posts  and 
detached  camps,  upon  a  frontier  of  fourteen  hun 
dred  miles,  destitute  of  subsistence  and  means 
of  communication,  and  a  march  of  from  two  to 
six  hundred  miles  through  an  enemy's  country, 
to  a  point  of  embarkation,  there  was  no  alterna- 


DOCUMENTS. 


135 


tive  but  to  submit  without  remonstrance  to  the 
terms  of  capitulation  agreed  upon  in  San  Antonio 
on  the  eighteenth  of  February,  1861.  To  resist 
would  have  been  but  a  cruel  forfeiture  of  the 
lives  of  the  brave  men  around  them,  who,  regard 
less  of  consequences,  expressed  their  willingness 
to  die  upon  the  soil.  Temporary  success  might 
have  been  accomplished,  but  before  they  could 
have  reached  the  coast  for  embarkation,  they 
would  have  been  intercepted  and  decimated  by 
the  thousands  of  Texas  volunteers  now  effective 
ly  armed  with  the  materials  of  war  plundered 
from  the  Federal  Government. 

It  was  my  fortune  to  reach  San  Antonio  early 
in  the  month  of  March,  and  to  become  a  partici 
pator  in  the  results  of  these  humiliating  events. 
I  had  escaped  detection  when  passing  through 
the  seceding  States,  in  the  hopes  of  joining  my 
command  at  Fort  Bliss  on  the  extreme  frontier 
of  Texas.  On  the  route  of  travel  from  Cincinnati 
to  New-Orleans  by  steamer,  passengers  were 
greatly  excited,  discussing  the  political  events  of 
the  day.  Men  from  the  North  and  the  South 
then  dared  to  communicate  to  each  other  their 
hopes  and  fears  upon  the  exciting  events  agitat 
ing  both  sections  of  the  country ;  and  travellers, 
in  social  conversation,  unhesitatingly  expressed 
their  devotion  to  the  Union,  and  their  anxiety 
that  the  political  dissensions,  now  so  threatening, 
should  be  amicably  adjusted  in  despite  the  activ 
ity  of  political  organizations  so  fast  involving  their 
States  in  secession  and  consequent  ruin.  The 
telegraph  was  the  means  of  keeping  the  cities  and 
towns  bordering  the  Mississippi  River  in  a  con 
stant  state  of  fermentation.  At  Memphis  informa 
tion  was  received  that  Fort  Sumter  had  been  reen- 
forced,  and  that  a  war  of  extermination  had  been 
declared  by  President  Lincoln  against  the  South. 
At  Natchez  intelligence  was  in  like  manner  com 
municated  that  Fort  Sumter  had  capitulated,  and 
that  Mr.  Lincoln  had  fled  from  Washington.  Ex 
tras  from  the  various  newspapers  scattered  these 
reports  into  every  county  in  the  States.  Bonfires 
and  cannon  celebrated  the  one,  while  the  former 
only  tended  to  exasperate  the  morbid  tastes  and 
feelings  of  the  populace,  and  to  discard  the  long 
cherished  affection  for  the  Union.  These  reports 
were  not  contradicted  nor  were  they  designed  to 
be ;  false  impressions  were  thus  made  upon  the 
minds  of  good  and  loyal  men,  and  love  for  our 
common  country  was  turned  to  malignant  hate 
through  the  activity  of  malicious  and  designing 
men.  At  New-Orleans  the  State  Convention  was 
in  session,  and  the  grave  question  was  being  dis 
cussed,  as  to  whether  the  Constitution  of  the 
Confederated  States  should  be  submitted  to  the 
people.  In  common  with  others,  supposed  to  be 
friends,  I  expressed  my  views  and  wishes  in  re 
gard  to  the  course  of  the  Administration,  vindi 
cated  its  justness,  fairness,  and  liberality  to  all 
parts  of  the  Union,  and  declared  my  belief  that 
we  would  yet  come  together  in  harmony  and  in 
terest.  I  was  informed  in  the  course  of  the  day 
that  my  opinions  were  treasonable  and  had  been 
reported  to  the  Convention,  and  in  order  to  avoid 
detection,  my  judicious  course  was  to  leave  the 


city  as  early  as  practicable.  Not  wishing  to  be 
annoyed,  I  left  for  San  Antonio  the  next  morning, 
and  the  day  after  my  arrival  there,  was  informed 
by  the  Committee  of  Public  Safety  that  I  would 
not  be  permitted  to  proceed  farther  upon  my 
journey.  An  emissary  from  tht  Convention,  I 
learnt,  had  accompanied  me  from  New-Orleans  to 
San  Antonio.  I  found  the  city  in  the  hands  of 
Texas,  business  was  suspended,  and  the  populace 
still  doubting  to  which  Government  they  belonged, 
waiting  the  crisis  of  portending  events.  The  ban 
ner  of  the  "  Lone  Star"  was  flying  from  all  the 
public  buildings,  which,  in  a  few  days,  was  re 
placed  by  the  confederate  flag.  The  authority  of 
the  United  States  Government,  civil  and  military, 
was  discarded,  and  the  entire  country  was  gov 
erned  by  a  vigilance  committee,  supported  by  vol 
unteer  troops. 

Secession  was  accomplished ;  and  the  absence 
of  industry  and  cheerfulness  so  striking  in  this 
beautiful  and  once  enterprising  town,  told  plainly, 
but  sadly,  the  despotism  of  error,  and  the  inevit 
able  results  from  misguided  public  opinion.  Col. 
Waite  was  actively  engaged  in  carrying  out,  in 
good  faith,  the  terms  of  capitulation  which  unfor 
tunately  had  fallen  to  his  lot  to  execute.  He  was 
without  any  instructions  whatever  from  the  Gov 
ernment  at  Washington  other  than  that  trans 
ports  had  been  ordered  from  New- York  to  Texas 
for  the  troops ;  he  hastened  their  departure  to 
avoid  that  which  was  so  much  apprehended  — 
collision  and  the  shedding  of  blood.  The  troops 
from  the  frontier,  as  fast  as  transportation  could 
be  obtained,  passed  through  San  Antonio  in  de 
tachments  for  Indianola,  the  port  of  embarkation, 
where  it  was  expected  transports  would  be  await 
ing  their  arrival.  Emissaries  from  the  confeder 
ated  States  hung  upon  their  flanks  and  sought 
their  camps  from  day  to  day,  endeavoring  by 
promises  of  pay  and  increased  rank  to  induce 
them  to  join  their  cause.  To  such  solicitations 
these  brave  and  hardy  veterans  were  unapproach 
able,  and  declared  their  determination  to  serve 
the  Government  they  loved  and  honored,  and  to 
sustain  that  flag  which  they  had  carried  in  tri 
umph  through  so  many  conflicts  and  perils. 

When  these  troops,  some  twelve  hundred,  were 
encamped  at  Indianola,  a  more  direct  and  strenu 
ous  effort  was  made  to  alienate  them  from  their 
loyalty.  Col.  E.  Van  Dorn,  now  of  the  confeder 
ate  army,  but  recently  a  captain  in  the  Second 
United  States  cavalry,  was  deputed  by  the  au 
thorities  of  Montgomery  to  visit  this  camp  to  en 
deavor  to  obtain  both  officers  and  men.  To  insure 
success,  he  brought  with  him  written  authority 
from  the  President  of  the  confederated  States, 
guaranteeing  increased  rank  and  pay.  His  service 
in  Texas,  his  long  association  with  the  officers 
and  men,  many  of  the  latter  of  his  own  company 
which  he  so  recently  abandoned,  might,  it  was 
supposed,  induce  many  to  join  the  government 
which  he  acknowledged,  but  after  two  days  of 
fruitless  efforts,  he  abandoned  the  project,  and 
owned  his  mission  a  failure.  These  troops  em 
barked  for  New- York  on  the  fifth  of  April,  as  did 
also  a  detachment  from  the  mouth  of  the  Rio 


136 


REBELLION  RECORD,  1860-61, 


Grande  in  accordance  with  the  understanding 
with  the  State  of  Texas.  The  remote  stations  of 
some  of  the  commands  prevented  their  arrival  at 
Indianola  as  soon  as  anticipated,  or  as  soon  as 
could  be  desired.  In  the  mean  time  the  political 
aspect  of  events  throughout  t  ir  country  was  to 
those  struggling  to  escape  from  Texas  sad  and 
discouraging  indeed.  No  instructions,  no  encour 
agement,  no  sympathy  was  received  from  any 
quarter  by  those  whose  loyalty  had  been  so  con 
spicuously  and  faithfully  tried.  As  the  deter 
mination  of  the  Government  to  maintain  inviolate 
the  Constitution  and  the  Union  became  known, 
the  acrimony  and  vindictiveness  of  the  citizens  in 
this  quarter  increased  in  a  corresponding  ratio. 
The  surrender  of  Fort  Sumter  was  received  in 
San  Antonio  on  the  seventeenth  of  April.  There 
was  no  rejoicing  among  the  people.  The  active 
leaders  in  secession  endeavored  to  infuse  into  the 
populace  some  expressions  of  exultation,  but  the 
prevailing  sentiment  was  depression  and  gloom. 
It  was  the  tocsin  which  aroused  the  American 
people  to  arms.  At  this  time  a  detachment  of 
three  hundred  infantry,  commanded  by  Major  C. 
Sibley,  United  States  army,  had  encamped  at 
Indianola  preparatory  to  embarkation.  The 
steamer  Star  of  the  West  was  daily  expected  to 
take  the  command  to  New- York.  In  painful 
anxiety  these  troops  were  kept  in  suspense  for 
many  days,  surrounded  by  an  active  and  vindic 
tive  enemy.  A  steamer  was  sent  to  search  after 
the  long  looked  for  vessel,  and  while  under  way 
an  attempt  was  made  to  run  her  ashore,  and  thus 
defeat  the  object,  and  would  have  proved  success 
ful  had  not  the  United  States  officer  on  board 
seized  the  captain  and  threatened  him  with  in 
stant  death.  Such  was  the  vigilance  and  power 
of  secession  committees,  no  man,  however  humble 
or  elevated  his  vocation,  dared  to  express  his 
favorable  sentiments  towards  the  United  States 
Government  by  word  or  deed.  The  authorities 
at  Montgomery  now  finding  that  the  attack  upon 
Sumter  would  precipitate  an  open  warfare,  des 
patched  Col.  Van  Dorn  with  instructions  to  arrest 
the  United  States  officers  and  soldiers  remaining 
Texas.  Upon  reaching  Galveston  he  learned  that 
the  Star  of  the  West  was  expected  at  Indianola, 
when  he  obtained  the  steamer  General  Rusk, 
placed  on  board  an  armed  force  of  volunteers  with 
artillery  awaiting  the  embarkation  of  Major  Sib- 
ley's  command.  Approaching  her  by  night  he 
was  hailed  and  answered :  "  United  States  troops 
to  come  on  board."  He  was  directed  to  come 
alongside.  Col.  Van  Dorn  and  his  command 
were  assisted  on  board,  when  the  captain  and 
crew  were  made  prisoners  of  war,  and  the  ship 
taken  possession  of  in  the  name  of  the  confeder 
ated  States.  Major  Sibley  ignorant  of  these 
events,  and  abandoning  all  hopes  of  the  Star  of 
the  West,  chartered  two  small  schooners,  the 
only  vessels  in  port,  and  embarked  his  command 
for  New-York.  Upon  getting  under  way,  and 
proceeding  to  the  sea,  the  vessels  were  found  so 
crowded  with  men,  women,  children,  and  their 
baggage,  it  was  found  impossible  to  manage  them, 
when  an  effort  was  made  to  obtain  another  trans 


port.  The  delay  was  fatal.  White  this  was  be 
ing  accomplished,  Col.  Van  Dorn  entered  the  bay 
with  three  steamers  laden  with  armed  men  from 
Galveston,  upon  which  was  placed  artillery,  pro 
tected  by  cotton-bags.  He  intercepted  this  most 
unfortunate  command,  and  demanded  an  uncon 
ditional  surrender.  Major  Sibley  and  his  little 
band  were  helpless ;  resistance  was  destruction. 
After  much  delay,  terms  were  made,  and  arms 
were  surrendered,  and  the  officers  and  men  were 
permitted  to  return  to  their  Government  on  parole. 
Here  again  that  loyalty  which  had  heretofore  dis 
tinguished  our  soldiers  was  evinced,  for,  though 
surrounded  by  an  enemy,  and  threatened  with 
destruction,  they  commenced  throwing  their  mus 
kets  overboard,  and  were  only  prevented  by  the 
timely  interposition  of  their  officers.  Upon  the 
surrender  of  their  arms  was  conditioned  their 
obtaining  subsistence  from  day  to  day.  They 
denounced  the  authority  that  so  disgracefully 
betrayed  them,  and  turned  with  pride  and  exult 
ation  to  the  Government  they  had  served,  and 
which  they  believed  would  extol  their  fidelity 
and  punish  the  aggressors.  While  these  events, 
so  disgraceful  and  disastrous  to  our  arms,  were 
transpiring  at  Indianola,  all  communication  was 
cut  off  with  San  Antonio  by  the  large  number  of 
Texas  troops  in  the  field.  These  troops  had  con 
gregated  on  the  coast  to  capture  Major  Sibley  and 
his  command  in  the  event  of  his  not  embarking. 
Col.  Waite,  at  San  Antonio,  was  ignorant  of 
the  fate  of  the  troops  at  Indianola,  as  he  was  of 
the  command  under  Brevet  Lieut. -Col.  Reeve, 
Eighth  infantry,  consisting  of  three  hundred  men 
and  five  officers;  which  had,  it  was  supposed, 
left  Fort  Bliss,  on  the  Rio  Grande,  early  in  the 
month  of  April,  but  in  like  manner  was  deprived 
of  communicating  with  them.  A  vague  rumor 
had  got  abroad  in  the  community,  that  the  offi 
cers  and  men  remaining  in  Texas  were  to  be  ar 
rested  and  detained  as  prisoners  of  war.  The 
proclamation  of  the  President  of  the  United  States 
had  been  received,  allowing  twenty  days  for  the 
laying  down  of  arms.  This  exasperated  the  pop 
ulace,  and  changed  our  heretofore  social  inter 
course  among  the  citizens  to  distant  coldness 
and  reserve.  We  felt  that  we  were  in  a  foreign 
land,  surrounded  by  enemies.  No  communica 
tion  was  had  with  the  Government  at  Washing 
ton  ;  indeed,  from  the  well-authenticated  reports 
received  from  New-Orleans,  and  from  Montgom 
ery,  serious  doubts  were  entertained  whether  the 
Government  we  claimed  was  in  existence.  The 
telegraph  despatches  from  New-Orleans,  of  April 
twenty-third,  announced  that  Gen.  Scott  was  at 
the  head  of  the  Virginia  troops  inarching  on 
Washington,  that  President  Lincoln  had  fled, 
and  that  sixty  thousand  men  from  Virginia  and 
Maryland  were  surrounding  the  Capital.  That 
the  Seventh  New -York,  and  the  Massachusetts 
regiments,  had  been  cut  up  in  Baltimore;  and 
:hat  a  strong  force  was  being  organized  in  the 
North,  in  opposition  to  the  policy  of  coercion 
adopted  by  the  President  of  the  Umted  States. 
The  hopes  and  prospects  of  our  country  were 
loomy  and  discouraging. 


DOCUMENTS. 


137 


On  the  morning  of  the  twenty-third  of  April, 
from  the  assembling  of  the  confederated  troops 
and  volunteers,  it  was  evident  some  important 
measure  was  contemplated.  The  populace  were 
crowding  the  streets  in  anticipation  of  the  event. 
By  ten  o'clock,  it  became  known  that  Colonel 
Waite,  and  the  officers  on  duty  with  him,  who 
were  carrying  out,  with  the  utmost  energy  and 
good  faith,  the  terms  of  the  capitulation,  were 
to  be  made  prisoners  of  war,  by  orders  from  the 
President  of  the  so-called  Southern  Republic. 
Capt.  Wilcox,  with  his  company,  was  designated 
to  perform  this  duty,  while  a  formidable  force  was 
in  the  vicinity,  lest  these  fourteen  officers,  without 
arms  or  men,  should  manifest  a  disposition  to  resist 
this  most  flagrant  violation  of  the  terms  agreed 
upon  by  Gen.  Twiggs  with  the  Texas  Commis 
sioners.  The  following  is  a  minute  detail  of  the 
transaction  as  recorded  at  the  time : 

Memorandum  relating  to  the  Arrest  of  Colonel 

C.  A.  Waite,  U.  8.  A.,  and  the  Officers  of  the 

TJ.  S.  Army  on  Duty  at  San  Antonio,   Texas, 

without  troops.    At  Col.  Waiters  Quarters,  Col. 

Waite  and  Major  Sprague  only  present. 

SAN  ANTONIO,  TEXAS,  April  23, 1861. 

Cap t.  Wilcox,  [with  his  sword,  commanding 
Texas  troops]. — Good  morning,  Colonel ! 

Col.  Waite. — Good  morning,  sir. 

Capt.  Wilcox. — I  have  come  to  request  you  to 
go  over  to  Major  Macklin's  office. 

Col.  Waite. — For  what  purpose,  sir  ? 

Capt.  Wilcox. — As  a  prisoner  of  war! 

Col.   Waite. — What  authority  have  you? 

Capt.  Wilcox. — I  have  authority  from  Major 
Macklin. 

Col.  Waite.— Who  is  Major  Macklin  ? 

Capt.  Wilcox. — An  officer  of  the  confederate 
States. 

Col.  Waite. — I  do  not,  sir,  recognise  any  such 
authority.  Have  you  the  authority  ?  I  should 
like  to  see  it. 

Capt.  Wilcox  then  took  from  his  pocket  an  or 
der  from  Major  Macklin,  which  Col.  Waite  read, 
directing  him  (Wilcox)  to  proceed  with  his  com 
pany  and  arrest  the  officers  of  the  United  States 
Government  on  duty  in  San  Antonio,  Texas. 

Col.  Waite. — "  I  protest  against  any  such  act, 
and  will  not  obey  the  order  except  by  force. 
Have  I  committed  any  offence  ?  "  To  which,  Wil 
cox  replied:  "None  that  I  know  of."  "It  is, 
then,"  said  Col.  Waite,  "  a  most  unwarranted  act 
of  usurpation,  and  in  violation  of  the  modes  and 
customs  of  civilised  warfare,  and  a  gross  outrage 
upon  my  individual  rights.  I  protest  against  it 
in  the  name  of  my  country.  Your  authority  I  do 
not  recognise,  nor  will  I  obey  any  order  from 
you ;  nothing  but  the  presence  of  a  force  greater 
than  I  can  overcome,  will  cause  me  to  relinquish 
my  personal  freedom.  There  is  nothing  in  his 
tory  to  equal  this  usurpation."  Thereupon  Capt. 
Wilcox  said,  "  I  have  the  force,"  and  started  for 
the  public  store-houses,  and  immediately  returned 
with  thirty -six  footmen,  Texas  troops,  armed 
with  rifles  and  sabre-bayonets.  The  command 
was  halted  in  front  of  Col.  Waite' s  quarters,  when 


Capt.  Wilcox  entered  the  house.  Col.  Waite  then 
walked  to  the  door,  when,  upon  looking  out,  he 
remarked:  "Is  that  your  guard,  sir?"  "Yes, 
sir,"  replied  Capt.  Wilcox.  "There  are  more 
men,"  remarked  Col.  Waite,  "than  I  can  resist, 
and  I  again  protest,  in  the  name  of  my  country, 
against  this  gross  and  unwarranted  act  of  usurpa 
tion,  and  in  violation  of  my  personal  rights. 
Where  do  you  wish  me  to  go,  sir?"  "To  the 
ordnance  office,  sir,"  said  Capt.  Wilcox.  Colonel 
Waite  then  took  his  hat,  and  passed  to  the  front 
of  the  guard,  when  arms  were  shouldered,  and 
the  crowd  proceeded  through  the  public  street. 
As  Col.  Waite  was  passing  into  the  custody  of 
the  guard,  Major  Sprague  remarked  to  Capt.  Wil 
cox  :  "  I  concur  fully  in  every  word  uttered  by 
Col.  Waite  in  regard  to  this  outrage."  Major 
Sprague  then  joined  Col.  Waite,  and  proceeded, 
amid  a  crowd  of  boys. 

Arriving  at  the  building  where  the  public  offices 
are,  the  command  was  halted,  and  Capt.  Wilcox 
ordered  the  other  officers,  viz. :  Major  Wm.  A. 
Nichols,  Assist.  Adj. -Gen. ;  Major  Daniel  McClure, 
Pay  Department ;  Brevet  Lieut.  -Col.  D.  T.  Chan 
dler,  Third  infantry ;  Capt.  R.  Garrard,  Second  cav 
alry  ;  Surgeon  E.  A.  Abadie,  Medical  Department ; 
Assist.  Surgeon  J.  R.  Smith ;  Assist.  Surgeon  E.  P. 
Langworthy,  Medical  Department ;  Capt.  A.  T. 
Lee,  Eighth  infantry ;  Lieut.  E.  L.  Hartz,  Eighth 
infantry ;  Lieut.  E.  W.  H.  Read,  Eighth  infantry ; 
Capt.  R.  M.  Potter,  Military  Storekeeper,  who  had 
been  previously  arrested,  and  were  within  the 
building  in  charge  of  a  sentinel,  to  proceed.  The 
officers  in  a  body,  in  charge  of  the  guard,  "were 
conducted  to  the  office  of  Major  Macklin.  After  a 
few  moments'  silence,  Major  Macklin  said :  "  CoL 
Waite,  it  becomes  my  duty  to  arrest  you,  and  the 
other  officers,  as  prisoners  of  war."  "By  what 
authority,  sir?"  "That  is  my  business,  sir,  not 
yours,"  responded  Major  Macklin.  "But,"  said 
Col.  Waite,  "  I  should  like  to  know  by  what  power 
I  am  deprived  of  my  personal  rights  ?  "  "I  have 
the  power  from  the  President  of  the  Confederate 
States,"  answered  Major  Macklin.  "  Such  author 
ity  I  do  not  know,  nor  shall  I  obey  it,"  said  CoL 
Waite.  "  Have  I,  or  my  officers,  committed  any 
offence  ?  Did  we  not  come  here  as  friends,  and 
have  we  not  been  such  to  all  the  interests  of  Tex 
as  ?  More  than  that,  is  there  not  an  agreement 
with  the  Texas  Commissioners,  guaranteeing  to 
the  men  and  officers,  my  entire  command,  to  go 
out  of  Texas  unmolested  ?  That,  sir,  has  been 
carried  out  faithfully  on  our  part,  in  every  re 
spect.  By  what  right,  then,  am  I  to  be  restricted 
of  my  liberty  ?  and  by  what  authority  am  I  and 
my  officers  made  prisoners  of  war?  I  protest 
against  it ! "  "  There  is  no  use  of  protecting,"  said 
Major  Macklin ;  "  I  do  not  wish  to  hear  any  pro 
test,  it  is  unnecessary — I  have  my  orders."  "  But 
I  will  protest,"  replied  Col.  Waite ;  "in  the  name 
of  my  country  and  Government,  I  protest.  I  de 
nounce  it  as  an  act  of  unwarranted  usurpation, 
and  against  the  custom  of  war,  and  in  violation  of 
my  personal  rights.  I  suppose  you  intend  to  re 
gard  the  rights  and  customs  of  civilisation?  I 
tnow  no  war  j  we  have  been  acting  as  friends ; 


138 


REBELLION  RECORD,  1860-61. 


we  are  not  here  in  a  hostile  attitude ;  we  came 
into  the  country  as  friends,  and  are  going  out  as 
such."  "  Yes,"  responded  Major  Macklin,  u  I  have 
my  duty  to  perform,  and  shall  do  it."  "I  repeat," 
said  Col.  Waite,  "  it  is  gross,  unheard  of,  unwar 
ranted,  and  treacherous;  nothing  but  the  pres 
ence  of  a  force  requires  me  to  listen  to  such  meas 
ures,  much  more  to  obey  them.  Had  I  the  means, 
it  would  be  quite  different ;  I  would  resist  until 
death."  "I  am  aware  of  that,"  answered  Major 
Macklin ;  "  I  have  as  much  confidence  in  the  cour 
age  of  your  officers  as  you  have." 

"  What  do  you  propose  ?"  enquired  Colonel 
Waite;  "lam  obliged  to  consider  myself  a  pris 
oner,  and  should  like  to  know  the  future."  "  I 
have  here,  sir,"  replied  Major  Macklin,  "paroles," 
(handing  a  manuscript  to  Col.  Waite,)  "which 
the  officers  are  at  liberty  to  avail  themselves  of." 

One  of  these  was  then  read  by  Col.  Waite. 
"  Such  a  paper  I  shall  not  sign,"  said  Col.  Waite 
indignantly  ;  "it  is  highly  objectionable,  and  I 
shall  remain  a  prisoner."  "Very  well,"  answer 
ed  Major  Macklin  ;  "  these  paroles  will  not  be  pre 
sented  to  you  again  without  you  request  it." 
"  What  rank  do  you  hold,  sir  ?"  enquired  Colonel 
Waite.  "  I  am  a  major,"  replied  Major  Macklin. 
"  In  the  provisional  or  regular  army  ?"  enquired 
Col.  WTaite.  "  In  the  regular  army,  sir,  of  the 
Confederate  States,"  responded  the  Major. 

A  general  conversation  ensued  among  all  par 
ties,  in  which  there  was  much  angry  excitement 
Major  Macklin  improved  the  first  opportunity 
to  speak,  and  remarked  that  "he  should  send 
the  Officers  to  Victoria,  one  hundred  miles  dis 
tant,  to  Col.  Van  Dorn's  headquarters,"  and  de 
sired  to  know  how  soon  Col.  Waite  could  be 
ready,  and  suggested  to-morrow — even  intimated 
to  day  ;  whereupon  Col.  Waite  and  the  officers 
present  said:  "It  was  impossible  to  arrange  their 
family  affairs  in  so  short  a  time."  "  How  long  a 
time,"  asked  he,  "  do  you  require — one,  two  or 
three  days  ?"  "I  presume  we  can  have  trans 
portation  ?"  suggested  Col.  Waite.  "  There  will 
be  transportation  for  you,  sir  /"  replied  Major 
Macklin,  with  emphasis  and  anger.  Again  a  gen 
eral  conversation  took  place;  still  much  excite 
ment  was  evinced  among  all  parties.  The  en 
quiry  was  made  of  Major  Macklin,  if  he  had  any 
discretion  in  the  matter  ?  He  replied  that  he  had 
none.  The  character  of  paroles  and  the  rights  of 
prisoners  then  became  a  general  subject  of  con 
versation.  Each  officer  present  said  he  desired 
at  least  twenty-four  hours  to  consider  the  subject, 
as  it  was  of  great  importance. 

Col.  Waite  asked  for  one  of  the  manuscript 
paroles,  when  Major  Macklin,  in  a  very  offensive 
manner,  declined,  saying,  "he  had  use  for  them." 
This  again  caused  much  evident,  excited  and 
indignant  feeling.  "  It  is  my  desire,"  said  Col. 
Waite,  "  to  put  some  officer  in  charge  of  our  sol 
diers  to  be  left  here  (the  Eighth  infantry,  band 
and  clerks  at  headquarters)  as  prisoners,  should 
I  accept  the  parole,  to  attend  to  their  personal 
rights,  police  and  comfort."  "  You  need  have 
no  concern  about  that,  sir,"  responded  Macklin  ; 
"  we  will  save  you  that  trouble  ;  we  will  attend 


to  that ;  no  officer  will  be  permitted  to  have  any 
thing  to  do  with  them  ;  you  will  not  be  allowed 
to  give  any  orders  here."  Col.  Waite,  in  answer, 
said:  "It  is  your  wish  and  object  to  corrupt 
them,  and  to  force  them  into  your  service,  but 
they  will  not  stay  with  you,  they  will  desert" 
"  Your  language,  sir,"  said  Major  Macklin,  "is  of 
fensive;  I  cannot  permit  it"  Col.  Waite  replied: 
"  The  facts,  sir,  are  doubtless  offensive !  My 
language  is  not  intended  to  be  offensive ;  I  will 
talk,  and  state  the  facts.  I  also  claim  the  right 
to  send  an  officer  to  my  Government  with  sealed 
despatches,  on  parole."  "That,  sir,"  replied  Ma 
jor  Macklin,  "will  not  be  allowed."  "But,"  said 
Col.  Waite,  "  can  I  not  make  my  official  report  ? 
To  send  an  officer  to  headquarters,  after  impor 
tant  events,  is  the  custom  of  all  armies  and  troops 
among  civilised  people."  "  Perhaps  it  is,  sir ;" 
replied  Major  Macklin.  After  a  long  conversation, 
and  the  excitement  somewhat  abated,  Major 
Macklin  was  asked  if  he  would  grant  to  each  offi 
cer  twenty-four  hours  to  consider  upon  the  sub 
ject,  when  they  would  report  to  him  in  person, 
their  determination.  To  this  he  agreed,  and  per 
mitted  each  officer  to  take  one  of  the  manuscript 
paroles  for  consideration.  The  guard  at  the  door 
was  then  dismissed  and  the  officers  retired. 

Wednesday,  April  24,  1861. 

The  officers  met  at  twelve  M.,  to-day,  at  the  of 
fice  of  the  commanding  officer,  Major  Macklin,  as 
agreed  upon  yesterday.  No  farther  modifications 
could  be  had  of  the  terms  offered  yesterday,  ex 
cepting  a  provision  for  exchange  as  prisoners  of 
war,  and  the  privilege  granted  to  Col.  Waite  to 
report  the  facts  and  past  transactions  to  his  Gov^ 
ernment  The  terms  now  were,  the  acceptance 
of  the  paroles  or  to  be  treated  as  prisoners  of  war. 
There  was  no  alternative  but  to  be  subjected  to 
the  rabble,  to  crowds  of  undisciplined  troops  re 
gardless  of  authority  or  control,  to  the  vindictive 
and  active  prejudices  of  men  in  authority  who 
had  already  stipulated  terms,  or  take  the  paroles 
offered,  and  ask  safe  conduct  out  of  the  State. 
The  latter  was  determined  upon  as  the  only 
method  which  could  secure  safe  egress  or  escape, 
and  place  the  officers  within  reach  of  the  authori 
ties  of  the  United  States  Government.  Each 
officer  took  his  parole  under  the  protest  made  by 
Col.  Waite  the  day  previous. 

Col  Waite  and  his  officers  were  now  prisoners 
of  war — on  parole.  To  remain  in  the  State  in 
this  situation  no  possible  good  could  result ;  in 
deed,  it  was  the  desire  of  true  and  loyal  citizens 
that  they  should  leave  as  soon  as  possible,  thus 
removing  all  cause  of  irritation,  as  they  were  con 
sidered  obstinate  enemies  to  the  cause.  A  Union 
sentiment  still  lingered  in  the  community,  and 
there  was  a  hope  entertained  by  influential  men 
that  with  the  populace,  when  brought  to  serious 
reflection,  their  exertions  would  be  of  some  avaiL 
"But,"  said  they,  "  if  representatives  of  the  Fed 
eral  Government  are  in  our  midst,  evil  passions, 
leading  to  violent  acts,  will  be  excited,  when  we 
must  come  to  your  support,  and  thus  endanger 
our  lives,  and  jeopardise  the  safety  of  our  prop- 

i 


DOCUMENTS. 


139 


erty  and  families.  In  the  ranks  were  men  from 
the  North  as  well  as  the  South  with  arms  in  their 
hands,  who  sought  private  opportunities  to  ex 
press  to  officers  their  devotion  to  the  Union,  but 
their  personal  safety  as  well  as  security  to  their 
property,  compelled  them  to  espouse  a  cause  re 
pugnant  to  their  education,  sentiments  and  feel 
ings.  The  rapid  and  fearful  current  of  disunion 
was  too  powerful  for  individual  resistance,  and 
the  only  prospect  of  staying  or  directing  it,  was 
in  uniting  in  the  wild  and  wayward  frenzy  gov 
erning  the  public  mind.  Paroles  were  given  by 
each  officer  as  follows : 

Parole. 

HEADQFARTERS  CONFEDERATED  ARMY  IN  TEXAS,  ) 
SAN  ANTONIO,  TEXAS,  April  28,  1861.       f 

No.  1. 

I  hereby  do  declare,  upon  my  honor,  and 
pledge  myself  as  a  gentleman  and  a  soldier,  that 
I  will  not  take  up  arms  or  serve  in  the  field 
against  the  government  of- the  Confederated  States 
in  America,  under  my  present  or  any  other  com 
mission  that  I  may  hold  during  the  existence  of 
the  present  war  between  the  United  States  and 
the  Confederated  States  of  America ;  and  that  I 
will  not  correspond  with  the  authorities  of  the 
United  States,  either  military  or  civil,  giving  infor 
mation  against  the  interest  of  the  Confederated 
States  of  America,  unless  regularly  exchanged. 
[Signed]  J.  T.  SPRAGUE, 

Brevet  Major  and  Captain  Eighth  Infantry 
United  States  Army. 

Accepted. 

[Signed]  S.  MACKLIN, 

Major  of  Infantry,  Confederate  States  Army, 
Commanding. 

"Witness,  Capt.  C.  L.  SAYRE, 

Acting  Assistant  Adjutant-General, 

Confederate  States  Army. 

Safeguards  were  placed  in  the  hands  of  the 
officers  as  follows : 


No.  2. 


Safeguard. 


HKADQUARTKRS  CONFEDERATED  STATES  ARMY  IN  TEXAS,  ) 
SAN  ANTONIO,  TEXAS,  April  26,  1861.  j 

Tc  all  guards,  patrols,  citizens,  and  all  con 
cerned,  within  the  limits  of  the  Confederated 
States,  the  bearer,  Brevet  Major  John  T.  Sprague, 
TJnited  States  Army,  a  prisoner  of  war,  on  his 
parole  of  honor,  is  hereby  permitted  to  pass 
through  each  and  any  of  the  Confederated  States, 
without  let,  or  hindrance,  or  molestation  of  any 
kind  whatever. 

[Signed]  S.  MACKLIN, 

Major  Confederated  States  Army,  Commanding. 

Col.  Waite  then  issued  the  following  order  to 
the  officers  with  him  : 

No.  3.  SAN  ANTONIO,  TEXAS,  April  25, 1861. 

SIR  :  Having  been  forcibly  seized  on  the  twenty- 
third  instant,  by  an  armed  force  of  Texas  troops, 
and  your  services  being  no  longer  required  here, 
you  will  proceed  to  the  headquarters  of  the 


army,  and  report  yourself  in  person  to  the  Gen 
eral-in-Chief. 

I  am  sir,  very  respectfully, 

Your  obedient  servant, 
[Signed]  C.   A.  WAITE, 

Col.  United  States  Army. 

About  this  time  a  detachment  of  infantry, 
thirty-two  men,  arrived  in  San  Antonio  from  the 
interior.  They  were  at  once  surrounded  by  an 
armed  force  of  two  hundred  men,  and  required 
to  surrender  unconditionally.  The  soldiers  pro 
tested,  and  commenced  breaking  their  arms  upon 
the  ground,  declaring  "  that  no  enemy  to  their 
government  should  ever  use  them."  The  inter 
ference  of  the  officers  put  a  stop  to  these  eviden 
ces  of  loyalty,  in  which  they  cordially  partici 
pated,  but  resistance  was  certain  destruction,  if 
not  starvation,  as  provisions  could  only  be  ob 
tained  from  the  United  States  stores  in  the  hands 
of  Texas.  An  officer  was  designated  to  take 
care  of  these  men,  but  the  day  after,  his  actions 
were  circumscribed,  upon  receiving  the  following 
letter  from  the  military  commander : 

HEADQUARTERS  CONFEDERATE  STATES  ARMY,  ) 
SAN  ANTONIO,  TEXAS,  April  28,  1SG1.        f 

COLONEL  :  I  understand  that  Lieutenant  C.  L. 
Hartz,  Eighth  infantry,  visited  Capt.  Lee's  com 
pany  on  yesterday,  and  excited  them  to  be  true 
to  their  allegiance  to  the  United  States,  etc. 
When  I  granted  leave  to  visit  the  company,  I  did 
not  expect  such  a  course  would  be  pursued.  I 
am  compelled  therefore  to  forbid  any  visiting 
only  in  company  with  an  officer  of  the  Confeder 
ate  States  Army.  When  they  are  to  be  visited, 
Capt.  James  Duff  will  accompany  the  officer,  or 
some  other  officer  will  be  detached  by  him. 

Your  obedient  servant, 
[Signed]  S.  MACKLIN, 

Major  Confederate  States  Army,  Commanding. 

To    Col.   C.   A.   WAITE,  United  States  Army, 
Present. 

The  troops  from  Fort  Bliss,  six  hundred  miles 
distant,  in  command  of  Brevet  Lieut. -Col.  J.  V. 
D.  Reeve,  three  hundred  men  and  six  commis 
sioned  officers,  known  to  be  on  the  way  to  San 
Antonio,  caused  much  solicitude.  Every  effort 
was  made  to  communicate  to  him  the  state  of 
affairs  in  San  Antonio,  that  he  might  retrace  his 
steps,  or  cross  the  Rio  Grande  into  Mexico. 
Mexican  guides,  intimately  acquainted  with  the 
Indian  Trails,  were  employed  at  high  compensa- 
:ions ;  one  was  paid  seven  hundred  dollars,  con 
ditioned  upon  his  returning  a  written  acknow- 
edgment  of  his  success.  From  the  recent 
capture  of  Col.  Reeve  and  his  command  by  the 
Texans,  it  is  presumed  these  messengers  could 
not  have  effected  the  object.  These  troops  are 
now  in  Texas,  prisoners  of  war.  Paroles  were 
refused  them ;  the  authorities  there  declaring 
;heir  determination  to  retain  them  as  hostages. 

So  far  removed  from  the  Federal  Government, 
and  all  communications  by  mail  directed  to  Wash- 
ngton  intercepted,  there  was  no  hope,  or  expec 
tation  of  relief  or  support  from  any  quarter 


140 


REBELLION   RECORD,  1860-61. 


With  the  supervision  over  the  entire  country, 
through  the  aid  of  Vigilance  Committees  and 
mounted  men,  escape  was  impossible.  There 
was  no  alternative,  but  to  leave  the  State  under 
the  paroles  given,  and  seek  as  soon  as  possible, 
the  protection  of  the  Federal  Government.  On 
the  first  of  May,  the  officers  left  San  Antonio 
with  their  families  for  the  coast,  two  hundred 
and  fifty  miles  distant,  accompanied  by  an  escort 
of  Confederate  States  troops. 

Three  grave  questions  have  been  asked  by  the 
casual  reader  and  observer,  of  the  events  follow 
ing  the  treachery  of  Brevet  Major-Gen.  Twiggs 
in  Texas. 

The  first  is :  Why  did  not  Col.  Waite,  upon 
taking  command,  destroy  the  capitulation  en 
tered  into  by  Gen.  Twiggs,  with  the  Texas  Com 
missioners.  By  a  careful  perusal  of  the  details, 
as  given,  the  reason  is  obvious.  His  troops  were 
scattered  along  a  frontier  fourteen  hundred  miles 
in  extent,  in  small  detachments,  with  which  he 
could  not  communicate.  He  was  totally  desti 
tute  of  subsistence,  ammunition,  and  means  of 
transportation. 

The  second:  What  was  the  duty  of  General 
Twiggs,  when  assuming  in  the  month  of  Decem 
ber,  the  command  of  the  Department  of  Texas  ? 
It  was  to  have  concentrated  his  entire  com 
mand,  two  thousand  five  hundred  men,  in  the 
vicinity  of  San  Antonio,  and  protected  the  public 
property,  munitions  of  war  and  supplies,  and 
given  support  and  confidence  to  the  lovers  of  the 
Union. 

The  third:  Are  the  paroles  given  to  the  Uni 
ted  States  officers  on  duty  in  Texas  binding? 
This  question  may  well  be  answered  by  asking 
another.  Has  the  Government  of  the  United 
States  confidence  in  the  integrity  and  loyalty  of 
these  officers,  under  these  humiliating  and  trying 
events?  If  so,  will  not  the  public  demand  a 
faithful  fulfilment  ?  If  violated,  they  may  well 
doubt  their  oaths  of  allegiance,  for  if  by  artifice, 
fraud,  or  ingenious  arguments,  their  honors  may 
be  compromised,  they  can,  under  such  a  subter 
fuge,  desert  their  country's  cause  in  the  hour  of 
trial  They  pledged  their  honors,  though  under 
protest,  but  the  necessity  existed,  and  the  paroles 
were  given. 

In  taking  a  cursory  view  of  events  within  the 
time  referred  to,  we  see  the  same  sentiments  and 
passions  animating  the  citizens  of  Texas,  as  had 
distinguished  the  course  of  leading  men  in  all 
parts  of  the  South.  The  dark  wave  of  rebellion 
had  rolled  with  fearful  rapidity  towards  this  pros 
perous  State.  From  the  time  Gen.  Twiggs  had 
entered  upon  his  duties  there,  the  current  of  re 
bellion  had  been  gaining  strength  from  day  to 
day,  requiring  only  preliminary  measures,  in  the 
way  of  conventions  and  the  form  of  elections,  to 
perfect  the  object.  Gov.  Sam  Houston  refused 
to  convene  the  Legislature,  as  the  first  step  to 
wards  secession,  declaring  it  was  not  the  popular 
voice  of  Texas.  He  was  denounced  in  unmea 
sured  terms  in  political  meetings  convened  in  the 
principal  towns.  These  proceedings  having  no 
effect  upon  his  resolution,  the  citizens  of  counties 


were  desired — through  self-constituted  committees 
—to  open  the  polls  for  the  election  of  members 
to  a  State  Convention,  to  be  held  in  Galveston. 
If  five  citizens  united  in  the  wish,  the  polls  were 
opened.  The  result  was,  the  Convention  held  in 
Galveston,  on  the  first  of  February,  1861.  The 
act  of  secession  was  at  once  passed,  and  to  be 
submitted  to  the  people  on  the  twenty-third  of 
February;  and  if  approved,  to  take  effect  on  the 
second  of  March.  The  people  were  called  upon 
to  cast  a  vote  clearly  written  out — for  secession, 
against  secession.  The  polls  were  guarded  with 
care,  and  the  bold  man  who  dared  to  vote  in  the 
negative  was  marked,  in  the  common  parlance  of 
the  day.  The  Convention  re-convened  on  the 
day  appointed.  The  vote,  as  officially  reported, 
was  as  follows  —  one  hundred  and  twenty-two 
counties  voted,  thirty-four  counties  made  no  re 
turns.  The  total  vote  was  sixty  thousand  eight 
hundred  and  twenty-six,  of  which  forty -six  thou 
sand  one  hundred  and  twenty-seven  were  for 
secession,  and  fourteen  thousand  six  hundred  and 
ninety-seven  against,  giving  a  majority  of  thirty- 
one  thousand  four  hundred  and  thirty-two  in  favor 
of  the  measure.  The  Convention  proceeded  to 
enact  laws,  and  to  assume  other  functions  more 
properly  belonging  to  the  Legislature  of  the  State, 
when  Gov.  Houston  informed  them  that,  with  the 
confirmation  of  the  act  of  secession,  their  duties 
ceased,  and  refused  any  cooperation.  Upon  this 
announcement,  an  act  was  immediately  passed, 
expelling  him  from  the  Gubernatorial  chair,  and 
appointing  Lieut. -Gov.  Clarke  in  his  place.  Gov. 
Houston,  with  a  bold  and  determined  spirit,  sur 
rounded  by  an  excited  people,  denounced  the 
acts  of  the  Convention,  and  condemned  the  par 
tisan  spirit  which  was  so  rapidly  hurrying  Texas 
into  the  fearful  vortex.  He  warned  the  country 
of  its  dangers,  and  declared  his  determination  to 
live  within  the  Union,  and  under  that  Govern 
ment  which  had  honored  him,  and  secured  so 
many  blessings  to  all  classes  of  society.  Not 
withstanding  the  act  of  the  Convention,  expelling 
him  from  his  official  chair,  to  which  he  had  been 
called  by  the  almost  unanimous  voice  of  Texas, 
he  declared  that  he  was  still  Governor,  and  should, 
upon  the  meeting  of  the  Legislature  in  August, 
transmit  his  customary  message,  and  if  it  was  not 
received,  he  would  promulgate  it  himself.  He 
had  an  abiding  faith  in  the  sober  judgment  and 
convictions  of  the  people,  after  these  exciting  in 
fluences  had  died  away,  and  that  a  revulsion 
would  take  place,  and  the  ballot-box  restore  him 
to  his  position  and  the  State  to  its  fidelity.  About 
the  tenth  of  April,  a  messenger  arrived  at  Austin, 
from  the  Cabinet  at  Washington,  tendering  to 
Gov.  Houston  the  United  States  forces  then  in 
camp  at  Indianola,  en  route  out  of  Texas,  under  the 
Twiggs  capitulation.  This  he  declined,  believing 
that  the  Union  sentiment  would  be  triumphant 
at  the  polls.  Had  these  troops  been  retained,  a 
rallying-point  would  have  been  given  to  thou 
sands,  who  were  rushed  into  this  calamity  from 
the  fear  of  violence  and  the  destruction  of  their 
property.  Without  the  means  of  defence,  depen 
dent  upon  personal  industry  for  subsistence  from 


DOCUMENTS. 


141 


day  to  day,  they  had  no  alternative  but  to  be  car 
ried  along  by  the  crowd,  under  the  guidance  o 
imaginary  wrongs.     For  a  time,  the  most  infelli 
gent  dared  to  speak  audibly  for  the  Union,  but 
the   pressure   and   the   active  measures   applied 
to  such  in  their  private  and  public  relations,  as 
well  as  social,  soon  destroyed  all  indications  of  a 
favorable  change.     Volunteers  were  mustered  into 
service,  and  the  citizens  of  San  Antonio  formed 
themselves   into  companies,    requiring    doubtful 
men  to  take  the  oath  in  support  of  the  Confeder 
ate  States.     Officials  and  practitioners  at  the  bar 
renewed  their  oaths,  and  the  grand-jury  present 
ed  those  who,  by  word  or   deed,  thwarted  the 
complete  triumph  of  secession.     The  policy  of  the 
Federal  Government  was  still  undeveloped :  delay 
and  forbearance  had  been  construed  into  timidi 
ty,  even  fear ;  and  the  belief  was  generally  enter 
tained  by  the  conservative  men,   that  a  recon 
struction  of  the  Union  would  be  attained — if  not, 
a  peaceful   separation.     Doubts  and   fears  filled 
the  public  mind  with  intense  anxiety.     "Blood 
must  be  shed  in  less  than  twenty  days,"  said  a 
United  States  Senator,  writing  from  Montgomery, 
on  the  seventh  of  April,  "or  secession  is  at  an 
end."     The  attack   upon   Fort  Sumter,  and  the 
Proclamation  of  Mr.  Lincoln,  on  the  fifteenth  of 
April,  18G1,  closed  the  door  to  all  compromise, 
unless   upon    constitutional  grounds.     The  out 
rages  inflicted  upon  our  flag,  caused  those  men 
whose  sentiments  had  been  smothered  from  ne 
cessity  to  feel  deeply  their  position,  causing  them 
to  express  freely  their  animosity  towards  those 
who  had   made  them   partisans  in  a  contest  so 
critical  in  its  character,  and  so  doubtful  in  its  re 
sults.     The  firm   tone  of  the   Proclamation  and 
the  measures  adopted,  created  sorrow  and  disap 
pointment  throughout  the  community.      "  Can  it 
be  possible,"  said  the  violent  partisan,  "that  the 
North  is  determined  to  make  war  upon  us  and 
shed  our  blood  ?     We  have  been  for  secession  in 
the  hope  and  expectation  of  a  re-construction  of 
the  Union,  and  have  been  led  to  believe  there 
was  a  strong  party  in  the  North  active  in  our  be 
half."     The  vigorous  measures  indicated  by  the 
Cabinet  in  Washington,  caused  a  general  depres 
sion  in  the  public  mind.     The  act  of  secession 
had  now  become  personal,  and  the  active  sup 
porter  found  himself  denounced   as   a   rebel   in 
arms,   and  threatened   with  punishment  by  the 
Government  which  had  protected  him  through  a 
long  life.     The  future  was  dark  and  gloomy ;  the 
streets  were   solitary,  business   was  suspended, 
and  the  cheerful  recognition  among  friends,  differ 
ing  in  sentiment,  was  at  an  end.     The  Union  men 
were  silent,  while  the   secessionists  became  vio 
lent  and  vindictive.     A  man  from  the  North  was 
at  once  denounced  as  an  Abolitionist,  a  Black  Re 
publican,  a  Lincoln  man — consequently,  an  ene 
my. 

Our  flag  was  denominated  the  old  rag,  the 
Government,  the  hulk,  the  wreck;  and  those 
who  adhered  to  its  destiny,  were  either  assailed 
by  gross  epithets,  or  sympathy  expressed  for  men 
whose  fortunes  were  so  desperate,  and  whose 
minds  were  so  dark  and  deluded.  In  the  face  of 
SUP.  Doc.  9. 


all  this,  there  was  a  Union  feeling  in  Texas.  The 
large  population  of  Germans,  together  with  the 
Irish,  Poles,  and  citizens  from  Pennsylvania  and 
New-York,  looked  upon  these  events  with  sad 
ness  as  well  as  alarm.  Their  families  and  pro 
perty  were  around  them ;  they  had  no  means  of 
escape,  nor  had  they  arms  or  organization  for  de 
fence.  There  was  no  remedy  but  quiet  submis 
sion.  Texas,  remote  as  she  is,  must  be  left  to 
her  own  fortunes.  Strike  the  vitals  of  this  rebel 
lion,  and  Texas  will  fall.  She  is  now  threatened 
by  a  Mexican  army  upon  the  Rio  Grande,  com 
ing  to  reclaim  that  which  they  proclaim  to  have 
been  wrested  from  them  by  force ;  and  as  Texas, 
they  say,  has  absolved  herself  from  her  allegiance 
to  the  United  States  Government,  Mexico  claims 
her  rights — the  repossession  of  the  "  Department 
of  Texas." 

The  Camanche  and  Apache  Indians  depredate 
within  thirty  miles  of  San  Antonio,  and  the  citi 
zens  flee  to  the  towns  for  protection.  It  is  thus 
this  beautiful  country  is  doomed  and  desolated 
by  the  foul  spirit  of  rebellion,  which  is  instigated 
and  kept  alive  by  telegrams,  false  reports,  and 
exciting  correspondence,  leading  the  people  to  be 
lieve  that  the  object  of  the  North  is  to  desolate 
their  homes,  destroy  their  institutions,  and  rob 
them  of  their  property.  Unfortunate  and  er 
roneous  as  these  opinions  are,  there  is  no  alter 
native  but  to  meet  them  with  the  strong  arm  of 
power.  Arguments,  entreaties,  and  forbearance, 
are  of  no  avail.  The  question  is  narrowed  down 
to  one  of  self-defence :  either  the  Union,  the  Gov- 
Tnment  is  to  be  trampled  under  foot  by  desper 
ate  and  sagacious  men,  followed  by  crowds, 
swearing  allegiance  to  their  leaders,  or  the  lovers 
of  the  country  must  rise  in  their  strength  and  de 
fend  their  firesides  and  their  homes.  Partisan 
ship  is  at  an  end ;  political  opinions  are  swallow 
ed  up  in  the  defence  of  the  Union.  The  force  of 
he  North,  physically  and  intellectually,  must  be 
put  forth,  fearlessly  and  steadily,  without  passion 
or  excitement,  but  with  a  firm  resolve  to  maintain 
nviolate,  the  Constitution  of  our  country. 

The  South  will  submit  to  no  compromise  but 
;o  such  as  she  may  dictate.  The  separation  of 
the  Union,  a  total  disruption  of  this  Government, 
such  as  has  been  meditated  for  thirty  years,  is 
;he  only  basis  upon  which  a  reconstruction  can 

based.  They  will  not  consent  to  be  governed 
:>y  majorities.  The  institutions  of  the  South  have 
lad  their  sway,  and  the  patronage  of  the  General 
Government  has  been  in  their  hands  for  a  period 
of  sixty  years.  Political  power  has  been  absorb 
ed  by  the  extension  and  growth  of  our  common 
country  ;  the  sceptre  which  has  guided  and  gov 
erned  the  land  for  so  long  a  period,  is  broken ; 
and  there  remains  no  alternative  for  those  so  long 
he  rulers,  but  to  disrupt  the  Union,  or  submit  to  . 
;he  voice  of  the  people.  When  the  election  of 
Mr.  Lincoln  was  announced,  one  hundred  guns 
were  fired  in  the  streets  of  Charleston,  the  sec- 
ional  candidate  was  triumphant,  and  the  Union  de 
clared  at  an  end.  In  this  conflict  let  us  not  under 
rate  our  foes.  They  are  judicious,  sagacious,  vigi- 
ant,  and  secretive ;  full  of  zeal,  talent,  and  courage. 


142 


REBELLION   RECORD,  1860-61. 


Their  cause,  whether  real  or  imaginary,  is  in  their 
hearts.  Their  leaders  are  honest  and  sincere  in 
destroying  the  Government,  and  their  followers 
equally  so  in  the  full  belief,  that  the  policy  of  the 
Federal  Government  is  to  desolate  their  homes, 
destroy  their  institutions,  and  rob  them  of  their 
property  by  hordes  of  fanatics  coming  down  upon 
them  from  the  North. 

The  proclamation,  recently  issued  by  the  com 
mander  of  their  armies,  strikingly  illustrates  the 
delusion  of  his  followers,  and  the  determined  ef 
fort  to  excite  evil  passions  and  prejudices  among 
a  class  of  men  who  blindly  adhere  to  the  in 
junctions  of  ambitious  men.  The  epithets  and 
accusations  they  well  know  to  be  as  false  as 
they  are  unworthy  of  the  heads  and  hearts  of 
those  who  promulgate  them.  Well  may  we  ask, 
even  in  this  day,  were  these  men  once  our  friends 
and  countrymen  ?  How  much  more  will  the  his 
torian,  in  time  to  come,  be  struck  with  sorrow  and 
regret,  as  he  gathers  up  for  posterity  the  inci 
dents  and  events  now  passing  around  us !  * 

This  political  revolution  has  introduced  into  the 
history  of  the  times  ingenious  expressions  to  hide 
the  more  offensive  epithet  of  .treason.  State 
rights,  State  sovereignty,  and  secession,  have 
wrecked  the  fortunes  of  many  men.  These  hein 
ous  and  artful  doctrines,  fabricated  and  cherished 
in  the  South  for  thirty  years,  have  had  their  in 
fluence  upon  the  officers  of  the  Federal  Govern 
ment,  and  induced  numbers,  born  in  the  South, 
to  abandon  their  colors,  upon  the  instigation  of 
their  native  States.  The  loyalty  of  the  army  as 
well  as  the  navy  have  been  impugned  from  the 
resignations  that  have  occurred  at  this  critical 
state  of  public  affairs.  It  is  the  general  impres 
sion  that  the  larger  portion  of  the  officers  of  the 
army  have  resigned  ;  many  believe  the  most  dis 
tinguished  and  talented.  This  is  a  great  error. 
On  the  first  of  January,  1861,  the  army  com 
prised  eleven  hundred  and  sixty-seven  commis 
sioned  officers.  Since  that  period  to  the  present 
time,  two  hundred  and  fifty,  of  Southern  birth 
and  proclivities,  have  tendered  their  resignation. 
Nine  hundred  and  twenty-seven  remain,  of  well- 
tried  loyalty,  zeal,  and  ability,  untainted  by  the 
excesses  and  heresies  of  the  day.  "  I  owe,"  said 
the  immortal  Clay,  "supreme  allegiance  to  my 
country — to  my  State  a  subordinate  one."  How 
much  greater  is  the  rebuke  to  the  resigned  offi 
cers  of  our  army,  when  witnessing  the  position 
of  the  Commander-in-Chief,  Lieut. -Gen.  Winfield 
Scott,  who,  seated  in  his  official  chair  in  the  city 
of  Washington,  is  now  directing  the  operations 
of  two  hundred  and  fifty  thousand  armed  men,  in 
and  out  of  the  field,  in  the  defence  of  our  consti 
tutional  rights.  Time  has  furrowed  his  brow, 
but  his  intellect  is  as  firm,  well  poised,  and  as 
bright  as  in  his  youth.  Separated  from  his  na 
tive  State,  Virginia,  wrhich  for  half  a  century  has 
bestowed  upon  him  honors  and  rewards  —  torn 
from  his  hearth-stone,  around  which  clustered 
the  warm  affections  of  his  youth — he  knows  no 


*  See  Beauregard's  "  Booty  and  Beauty"  Proclamation,  page 
39,  VoL  I.,  RKB.  RECORD. 


State  allegiance,  no  North,  no  South,  but  the 
Union — that  flag  under  which  he  has  fought  from 
boyhood,  and  whose  Stars  and  Stripes  have  been 
consecrated  with  his  blood. 

In  this  voluntary  uprising  of  a  nation's  hosts, 
is  there  no  eulogy  here  to-night  for  the  mothers, 
wives,  and  sisters,  who  have  sent  forth  armed 
men  to  the  field  ?  It  is  the  mother  that  plants 
deep  and  lasting  in  the  American  bosom  the  germ 
of  liberty.  How  often  does  manhood  turn  to  the 
incidents  of  youth,  when  a  mother  came  forth  on 
festal  days,  and  decked  our  paper  caps  with  nod 
ding  plumes  of  war,  buckled  to  our  sides  the  tiny 
sabre ;  and  as  we  sallied  out  with  the  miniature 
flag  waving  over  our  heads,  her  heart  vibrated 
with  enthusiasm  and  pride,  as  she  surveyed  the 
long  vista  of  the  future,  and  saw  amid  contend 
ing  factions,  in  her  boy,  the  patriot,  the  soldier, 
in  his  country's  cause.  The  Union  of  these  States, 
to-day,  is  stronger  than  ever.  That  flag,  the  me 
mories  of  which  are  identified  with  our  homes, 
our  parents,  relatives,  and  friends,  is  not  to  be 
trailed  in  the  dust,  but  will  through  fire  and 
blood,  if  necessary,  continue  to  command  the 
respect  and  admiration  of  the  civilized  world. 


Doc.  22. 

ADDRESSES    DELIVERED   BEFORE   THE 
VIRGINIA   STATE   CONVENTION. 

EXTRACTS    FROM   THE   JOURNAL   OF   THE    CONVENTION. 

IN  CONVENTION,  February  14, 1861. 

THE  President  presented  a  communication  from 
the  Governor  of  the  Commonwealth,  enclosing  a 
letter  from  the  Hon.  John  S.  Preston,  of  South- 
Carolina,  presenting  his  credentials  as  Special 
Commissioner  from  the  Government  of  South- 
Carolina,  and  enclosing  also  the  credentials  of  the 
Hon.  Fulton  Anderson  as  Special  Commissioner 
from  the  State  of  Mississippi. 

The  President  presented  a  letter  from  the  Hon. 
Henry  L.  Benning,  presenting  his  credentials  as 
Special  Commissioner  from  the  State  of  Georgia. 

Mr.  Preston  offered  a  resolution  for  the  appoint 
ment  of  a  committee  to  wait  upon  said  Commis 
sioners,  and  inform  them  that  this  Convention 
respectfully  invites  them  to  seats  in  this  hall,  and 
will  receive  at  such  time,  and  in  such  mode  as 
they  may  severally  prefer,  any  messages  they 
may  have  to  deliver.  Adopted. 

Committee:  Messrs.  Preston,  Harvie,  Macfar- 
land,  Conrad,  of  Frederick,  and  Montague. 

IN  CONVENTION,  February  14. 

Mr.  Preston,  from  said  committee,  presented  a 
report,  which  was  unanimously  adopted,  stating 
that  the  Commissioners  "  expressed  their  grateful 
sense  of  the  courtesy  shown  to  them  personally, 


DOCUMENTS. 


143 


etc.,  and  "  said  that  if  it  should  suit  the  conveni 
ence  of  the  Convention,  they  desired  to  address  it 
orally,  on  Monday  next,  (eighteenth  instant.) 

On  motion  of  Mr.  Preston, 

Resolved,  That  the  Convention  will,  on  Monday 
next,  at  twelve  o'clock,  receive  the  Commissioners 
from  the  States  of  South-Carolina,  Georgia,  and 
Mississippi,  according  to  the  report  of  the  Com 
mittee. 

IN  CONVENTION,  February  18. 

The  President  introduced  Hon.  Fulton  Ander 
son,  Commissioner  from  the  State  of  Mississippi, 
who  addressed  the  Convention.  On  the  conclu 
sion  of  his  address,  the  President  introduced  the 
Hon.  Henry  L.  Benning,  Commissioner  from  the 
State  of  Georgia,  who  addressed  the  Covention. 
IN  CONVENTION,  February  19. 

The  President  introduced  the  Hon.  John  S. 
Preston,  the  Commissioner  from  South-Carolina, 
who  addressed  the  Convention. 

On  the  conclusion  of  his  address,  Mr.  Goode, 
of  Bedford,  offered  a  resolution,  which  was 
adopted,  respectfully  requesting  said  Commis 
sioners  to  furnish  copies  of  their  addresses  to 
this  Convention  for  publication. 

IN  CONVENTION,  March  4. 

The  President  presented  copies  of  the  addresses 
of  said  Commissioners,  and  a  resolution  was 
adopted,  ordering  that  three  thousand  and  forty 
copies  of  the  same  be  printed  for  equal  distribu 
tion  among  the  members  of  the  Convention. 
JOHN  L.  EUBANK, 

Secretary  of  the  Convention. 
ADDRESS  OF  FULTON  ANDERSON,  OF  MISSISSIPPI. 

GENTLEMEN  OF  THE  CONVENTION  :  Honored  by 
the  Government  of  Mississippi  with  her  commis 
sion  to  invite  your  cooperation  in  the  measures 
she  has  been  compelled  to  adopt  for  the  vindica 
tion  of  her  rights  and  her  honor  in  the  present 
perilous  crisis  of  the  country,  I  desire  to  express 
to  you,  in  the  name  and  behalf  of  her  people,  the 
sentiments  of  esteem  and  admiration  which  they 
in  common  with  the  whole  Southern  people  en 
tertain  for  the  character  and  fame  of  this  ancient 
and  renowned  commonwealth. 

Born  under  the  same  Confederated  Government 
with  yourselves,  and  participating  in  the  common 
inheritance  of  constitutional  liberty  in  the  achieve 
ment  of  which  your  ancestors  played  so  distin 
guished  a  part,  we  take  as  much  of  pride  and 
pleasure  as  you,  her  native  sons,  in  the  great 
achievements  and  still  greater  sacrifices  which 
you  have  made  in  the  cause  of  the  common  gov 
ernment,  which  has  in  the  past  united  them  to 
you;  and  nothing,  which  concerns  your  honor 
and  dignity  in  the  future  can  fail  to  enlist  their 
deepest  sympathies.  In  recurring  to  our  past 
history,  we  recognise  the  State  of  Virginia  as  the 


leader  in  the  first  great  struggle  for  independence ; 
foremost  not  only  in  the  vindication  of  her  own 
rights,  but  in  the  assertion  and  defence  of  the 
endangered  liberties  of  her  sister  colonies ;  and 
by  the  eloquence  of  her  orators  and  statesmen, 
as  well  as  by  the  courage  of  her  people  arousing 
the  whole  American  people  in  resistance  to  British 
aggression.  And  when  the  common  cause  had 
been  crowned  with  victory  under  her  great  war 
rior-statesman,  we  recognise  her  also  as  the  lead 
er  in  that  great  work  by  which  the  emancipated 
colonies  were  united  under  a  written  Constitution, 
which  for  the  greater  part  of  a  century  has  been 
the  source  of  unexampled  progress  in  all  that 
constitutes  the  greatness  and  the  happiness  of 
nations  ;  nor  do  we  forget  that  that  progress  has 
been  due  in  a  preeminent  degree  to  the  munificent 
generosity  of  Virginia,  in  donating  as  a  free  gift 
to  her  country,  that  vast  territory  north-west  of 
the  Ohio  River,  which  her  arms  alone  had  con 
quered,  and  which  now  constitutes  the  seat  of 
empire,  and,  alas !  too,  the  seat  of  that  irresistible 
power,  which  now  erects  its  haughty  crest  in  de 
fiance  and  hostility,  and  threatens  the  destruction 
of  the  honor  and  the  prosperity  #f  this  great 
State. 

I  desire,  also,  to  say  to  you,  gentlemen,  that  in 
being  compelled  to  sever  our  connection  with  the 
Government  which  has  hitherto  united  us,  the 
hope  which  lies  nearest  to  our  hearts  is  that,  at 
no  distant  day,  we  may  be  again  joined  with  you 
in  another  Union,  which  shall  spring  into  life 
under  more  favorablt  omens  and  with  happier 
auspices  than  that  which  has  passed  away ;  and 
if,  in  the  uncertain  future  which  lies  before  us, 
that  hope  shall  be  destined  to  disappointment,  it 
will  be  the  source  of  enduring  sorrow  and  regret 
to  us  that  we  can  no  more  hail  the  glorious  soil 
of  Virginia  as  a  part  of  our  common  country,  nor 
her  brave  and  generous  people  as  our  fellow- 
citizens. 

Fully  participating  in  these  sentiments  myself, 
it  is  with  pride  and  pleasure  that  I  accepted  the 
commission  of  my  State  for  the  purpose  I  have 
indicated.  Though,  when  I  consider  the  gravity 
of  the  occasion,  the  high  interests  which  are  in 
volved,  and  the  enduring  influence  which  your 
deliberations  are  to  have  upon  the  destinies  of 
present  and  future  generations,  I  confess  my  re 
gret  that  the  cause  on  which  I  am  come  has  not 
been  entrusted  to  abler  and  worthier  hands. 

In  setting  forth  to  3^011,  gentlemen,  the  action  of 
my  State  and  the  causes  which  have  induced  it,  I 
shall  be  compelled  to  speak  in  terms  of  condemna 
tion  of  a  large  portion  of  what  has  hitherto  been 
our  common  country ;  but,  in  doing  so,  I  wish  to 
be  understood  as  excepting  from  whatever  terms 
of  censure  I  may  employ,  that  large  body  of  pa 
triotic  and  conservative  men  of  the  Northern  sec 
tion,  who  have,  in  all  our  struggles,  manfully 
defended  the  constitutional  rights  of  our  section. 
From  them,  the  people  of  rny  State  have  no  cause 
of  complaint,  and  whatever  the  future  may  bring 
forth,  we  shall  ever  remember  their  efforts  in  be 
half  of  the  Constitution  and  Union,  as  we  received 
them  from  their  ancestors  and  ours  with  admira- 


144 


REBELLION  RECORD,  1860-01. 


tion  and  gratitude.  Our  grievances  are  not  from 
them,  but  from  the  dominant  faction  at  the  North, 
which  has  trampled  them  under  foot  and  now 
strikes  at  us  from  the  elevation  it  has  obtained 
upon  the  prostrate  bodies  of  our  friends. 

I  propose,  gentlemen,  in  discharge  of  my  mis 
sion  to  you,  briefly  to  invite  your  attention  to  a 
review  of  the  events  which  have  transpired  in 
Mississippi,  since  the  fatal  day  when  that  sec 
tional  Northern  party  triumphed  over  the  Con 
stitution  and  the  Union  at  the  recent  election, 
and  afterwards  to  the  causes  which  have  induced 
the  action  of  my  State. 

On  the  twenty-ninth  of  November  last,  the 
Legislature  of  Mississippi,  by  a  unanimous  vote, 
called  a  Convention  of  her  people,  to  take  into 
consideration  the  existing  relations  between  the 
Federal  Government  and  herself,  and  to  take 
such  measures  for  the  vindication  of  her  sover- 
eignt}7"  and  the  protection  of  her  institutions  as 
should  appear  to  be  demanded.  At  the  same 
time,  a  preamble,  setting  forth  the  grievances  of 
the  Southern  people  on  the  slavery  question,  and 
a  resolution,  declaring  that  the  secession  of  each 
aggrieved  State,  was  the  proper  remedy,  was 
adopted  by  a  vote  almost  amounting  to  unanim 
ity.  The  last  clause  of  the  preamble  and  the 
resolution,  are  as  follows  : 

"  Whereas,  They  (the  people  of  the  non-slave- 
holding  States)  have  elected  a  majority  of  elec 
tors  for  President  and  Vice-President,  on  the 
ground  that  there  exists  an  irreconcilable  conflict 
between  the  two  sections  of  the  Confederacy,  in 
reference  to  their  respective  systems  of  labor, 
and  in  pursuance  of  their  hostility  to  us  and  our 
institutions,  have  thus  declared  to  the  civilized 
world  that  the  powers  of  the  Government  are  to 
be  used  for  the  dishonor  and  overthrow  of  the 
Southern  section  of  this  great  Confederacy. 
Therefore,  be  it 

"Resolved  hy  the  Legislature  of  the  State  of 
Mississippi,  That  in  the  opinion  of  those  who 
constitute  said  Legislature,  the  secession  of  each 
aggrieved  State  is  the  proper  remedy  for  these 
injuries." 

On  the  day  fixed  for  the  meeting  of  the  Conven 
tion,  that  body  convened  in  Jackson,  and  on  the 
ninth  January,  1861,  proceeded  to  the  adoption 
of  an  ordinance  of  secession  from  the  Federal 
Union,  by  which  the  State  of  Mississippi  with 
drew  from  the  Federal  Government  the  powers 
theretofore  confided  to  it,  and  assumed  an  inde 
pendent  position  among  the  powers  of  the  earth ; 
determined  thenceforth  to  hold  the  people  of  the 
non-slaveholding  section  of  the  late  Confederacy 
as  she  holds  the  balance  of  mankind :  enemies 
in  war,  and  in  peace  friends.  But  at  the  same 
time,  and  by  the  same  ordinance,  it  was  provided 
"  that  the  State  of  Mississippi  hereby  gives  her 
consent  to  form  a  Federal  Union  with  such  of 
the  States  as  may  have  seceded,  or  may  secede, 
from  the  Union  of  the  United  States  of  America, 
upon  the  basis  of  the  present  Constitution  of  the 
United  States." 

This  action  of  the  Convention  of  Mississippi, 
gentlemen  of  the  Convention,  was  the  inevitable 


result  of  the  position  which  she,  with  other  plave- 
holding  States,  had  already  taken,  in  view  of  the 
anticipated  result  of  the  recent  Presidential  elec 
tion,  and  must  have  been  foreseen  by  every  in 
telligent  observer  of  the  progress  of  events. 

As  early  as  the  tenth  of  February,  1800,  her 
Legislature  had,  with  the  general  approbation  of 
her  people,  adopted  the  following  resolution. 

"  Resolred,  That  the  election  of  a  President 
of  the  United  States  by  the  votes  of  one  section 
of  the  Union  only,  on  the  ground  that  there  ex 
ists  an  irrepressible  conflict  between  the  two 
sections  in  reference  to  their  respective  systems 
of  labor,  and  with  an  avowed  pin-pose  of  hostility 
to  the  institution  of  slavery,  as  it  prevails  in  the 
Southern  States,  and  as  recognised  in  the  com 
pact  of  Union,  would  so  threaten  a  destruction 
of  the  ends  for  which  the  Constitution  was 
formed,  as  to  justify  the  slaveholding  States  in 
taking  counsel  together  for  their  separate  protec 
tion  and  safety." 

Thus  \vas  the  ground  taken,  gentlemen,  not 
only  by  Mississippi,  but  by  other  slaveholding 
States,  in  view  of  the  then  threatened  purpose  of 
a  party  founded  upon  the  idea  of  unrelenting 
and  eternal  hostility  to  the  institution  of  slavery, 
to  take  possession  of  the  power  of  the  Govern 
ment,  and  use  it  to  our  destruction.  It  cannot, 
therefore,  be  pretended  that  the  Northern  people 
did  not  have  ample  warning  of  the  disastrous 
and  fatal  consequences  that  would  follow  the 
success  of  that  party  in  the  election,  and  impar 
tial  history  will  emblazon  it  to  future  generations, 
that  it  was  their  folly,  their  recklessness  and 
their  ambition,  not  ours,  which  shattered  into 
pieces  this  great  Confederated  Government,  and 
destroyed  this  great  temple  of  constitutional 
liberty  which  their  ancestors  and  ours  erected, 
in  the  hope  that  their  descendants  might  together 
worship  beneath  its  roof  as  long  as  time  should 
last. 

But,  in  defiance  of  the  warning  thus  given, 
and  of  the  evidences  accumulated  from  a  thou 
sand  other  sources,  that  the  Southern  people 
would  never  submit  to  the  degradation  implied 
in  the  result  of  such  an  election,  that  sectional 
party,  bounded  by  a  geographical  line  which  ex 
cluded  it  from  the  possibility  of  obtaining  a  single 
electoral  vote  in  the  Southern  States,  avowing 
for  its  sentiment  implacable  hatred  to  us,  and  for 
its  policy  the  destruction  of  our  institutions,  and 
appealing  to  Northern  prejudice,  Northern  pas 
sion,  Northern  ambition,  and  Northern  hatred  of 
us,  for  success,  thus  practically  disfranchising 
the  whole  body  of  the  Southern  people,  pro- 
ceded  to  the  nomination  of  a  candidate  for  the 
Presidency  who,  though  not  the  most  conspi 
cuous  personage  in  its  ranks,  was  yet  the  truest 
representative  of  its  destructive  principles. 

The  steps  by  which  it  proposed  to  effect  its 
purposes,  the  ultimate  extinction  of  slavery,  and 
the  degradation  of  the  Southern  people,  are  too 
familiar  to  require  more  than  a  passing  allusion 
from  me. 

Under  the  false  pretence  of  restoring  the  Gov 
ernment  to  the  original  principles  of  its  founders, 


DOCTJMENTTS. 


145 


but  in  defiance  and  contempt  of  those  principles, 
it  avowed  its  purpose  to  take  possession  of  every 
department  of  power,  executive,  legislative,  and 
judicial,  to  employ  them  in  hostility  to  our  insti 
tutions.  By  a  corrupt  exercise  of  the  power  of 
appointment  to  office,  they  proposed  to  pervert 
the  judicial  power  from  its  true  end  and  purpose, 
that  of  defending  and  preserving  the  Constitu 
tion,  to  be  the  willing  instrument  of  its  purposes 
of  wrong  and  oppression.  In  the  mean  time  it 
proposed  to  disregard  the  decisions  of  that  august 
tribunal,  and  by  the  exertion  of  bare-faced  power, 
to  exclude  slavery  from  the  public  territory,  the 
common  property  of  all  the  States,  and  to  abolish 
the  internal  slave-trade  between  the  States  ac 
knowledging  the  legality  of  that  institution. 

It  proposed  further  to  abolish  slavery  in  the 
District  of  Columbia,  and  in  all  places  within 
the  territory  of  the  several  States,  subject  under 
the  Constitution  to  the  jurisdiction  of  Congress, 
and  to  refuse  hereafter,  under  all  circumstan 
ces,  admission  into  the  Union  of  any  State  with 
a  Constitution  recognising  the  institution  of 
slavery. 

Having  thus  placed  the  institution  of  slavery, 
upon  which  rests  not  only  the  whole  wealth  of 
the  Southern  people,  but  their  very  social  and 
political  existence,  under  the  condemnation  of  a 
Government  established  for  the  common  benefit, 
it  proposed  in  the  future,  to  encourage  immigra 
tion  into  the  public  territory,  by  giving  the 
public  land  to  immigrant  settlers,  so  as,  within  a 
brief  time,  to  bring  into  the  Union  free  States 
enough  to  enable  it  to  abolish  slavery  within  the 
States  themselves. 

I  have  but  stated  generally  the  outline  and 
the  general  programme  of  the  party  to  which  I 
allude,  without  entering  into  particular  details, 
or  endeavoring  to  specify  the  various  forms  of 
attack,  which  have  been  devised  and  suggested 
by  the  leaders  of  that  party  upon  our  institu 
tions. 

That  this  general  statement  of  its  purposes  is 
a  truthful  one,  no  intelligent  observer  of  events 
will  for  a  moment  deny ;  but  the  general  view 
and  purpose  of  the  party  has  been  sufficiently 
developed  by  the  President  elect. 

"It  is  my  opinion,"  says  Mr.  Lincoln,  "that 
the  slavery  agitation  will  not  cease  until  a  crisis 
shall  have  been  reached  and  passed.  A  house 
divided  against  itself  cannot  stand.  I  believe 
this  Government  cannot  endure  permanently, 
half  slave  and  half  free.  I  do  not  expect  the 
house  to  fall,  but  I  expect  it  to  cease  to  be  di 
vided.  It  will  become  all  one  thing  or  all  an 
other.  Either  the  opponents  of  slavery  will 
arrest  its  further  spread,  and  place  it  where  the 
public  mind  shall  rest  in  the  belief  that  it  is  in 
the  course  of  ultimate  extinction,  or  its  advocates 
will  push  it  forward  until  it  shall  become  alike 
lawful  in  all  the  States — old  as  well  as  new, 
North  as  well  as  South." 

The  party  thus  organized  on  the  principle  of 
hostility  to  our  fundamental  institutions,  and 
upon  the  avowed  policy  of  their  destruction, 
with  a  candidate  thus  representing  that  principle 


and  policy,  has  succeeded  in  the  Presidential 
election,  by  obtaining  a  large  majority  of  the 
votes  of  the  people  of  the  non-slaveholding 
States,  and  on  the  fourth  of  March  next,  would, 
unless  prevented,  have  taken  possession  of  the 
power  and  patronage  of  our  common  government, 
to  wield  them  to  our  destruction.  In  contemptu 
ous  disregard  of  the  principle  on  which  that 
Government  was  founded,  and  received  our  as 
sent,  to  insure  domestic  tranquillity,  promote  the 
general  welfare,  and,  within  the  limit  of  its  con 
stitutional  power,  to  exercise  a  fostering  and 
paternal  care  over  every  interest  of  every  sec 
tion,  it  was  to  become  our  foe  and  our  oppressor, 
and  never  to  pause  in  its  career  of  hostility  and 
oppression  until  our  dearest  rights,  as  well  as  our 
honor,  were  crushed  beneath  its  iron  heel. 

We,  the  descendants  of  the  leaders  of  that 
illustrious  race  of  men  who  achieved  our  inde 
pendence  and  established  our  institutions,  were 
to  become  a  degraded  and  a  subject  class,  under 
that  Government  which  our  fathers  created,  to 
secure  the  equality  of  all  the  States — to  bend 
our  necks  to  the  yoke  which  a  false  fanaticism 
has  prepared  for  them,  and  to  hold  our  rights 
and  our  property  at  the  sufferance  of  our  foes, 
and  to  accept  whatever  they  might  choose  to 
leave  us  as  a  free  gift  at  the  hands  of  an  irre 
sponsible  power,  and  not  as  the  measure  of  our 
constitutional  rights. 

All  this,  gentlemen,  we  were  expected  to  sub 
mit  to,  under  the  fond  illusion  that  at  some 
future  day,  when  our  enemies  had  us  in  their 
power,  they  would  relent  in  their  hostility  ;  that 
fanaticism  would  pause  in  its  career  without  hav 
ing  accomplished  its  purpose ;  that  the  spirit  of 
oppression  would  be  exorcised,  and,  in  the  hour 
oif  its  triumph,  would  drop  its  weapons  from  its 
hands,  and  cease  to  wound  its  victim.  We  were 
expected,  in  the  language  of  your  own  inspired 
orator,  to  "indulge  in  the  fond  illusions  of  hope  ; 
to  shut  our  eyes  to  the  painful  truth,  and  listen 
to  the  song  of  that  syren  until  it  transformed  us 
into  beasts." 

But  we  in  Mississippi,  gentlemen,  are  no  longer 
under  that  illusion.  Hope  has  died  in  our  hearts. 
It  received  its  death-knell  at  the  fatal  ballot- 
box  in  November  last,  and  the  song  of  the  syren 
no  longer  sounds  in  our  ears.  We  have  thought 
long  and  maturely  upon  this  subject,  and  we 
have  made  up  our  minds  as  to  the  course  we 
should  adopt.  We  ask  no  compromise,  and  we 
want  none.  We  know  that  we  should  not  get  it 
if  we  were  base  enough  to  desire  it,  and  we  havo 
made  the  irrevocable  resolve  to  take  our  interests 
into  our  own  keeping. 

I  have  already  said  that  twelve  months  since 
the  State  of  Mississippi,  in  company  with  other 
slaveholding  States,  had  taken  a  position,  in  an 
ticipation  of  the  result  of  the  recent  Presidential 
election,  from  which  they  could  not  recede  if 
they  were  base  enough  to  desire  it.  I  shall  be 
pardoned  by  you,  I  trust,  for  adding  that  an 
event,  of  then  recent  occurrence,  which  deeply 
concerned  the  honor  and  the  dignity  of  Virginia, 
exercised  a  controlling  influence  in  consolidating 


146 


REBELLION  RECORD,  1860-61. 


the  Southern  mind  on  this  subject.  When  the 
exasperation  was  at  the  highest,  which  had  been 
caused  by  the  long  and  weary  struggle  which 
the  Southern  people  had  been  compelled  to  make 
in  defence  of  their  institutions,  the  daring  out 
rage  on  your  soil,  to  which  I  allude,  was  perpe 
trated. 

This  State,  relying  on  the  faith  of  constitu 
tional  obligations,  and  of  those  friendly  relations 
which  they  were  created  to  uphold  and  maintain, 
unconscious  herself  of  any  sentiment  less  noble 
than  that  of  unwavering  loyalty  to  her  constitu 
tional  obligations,  and,  therefore,  wholly  unsus 
picious  of  any  treasonable  design  against  her 
own  peace  and  welfare,  was,  in  a  moment  of 
fancied  repose,  in  a  time  of  profound  peace,  to 
her  own  amazement  and  that  of  the  whole  South 
ern  people,  made  the  scene  of  a  foray  by  a  band 
of  conspirators  and  traitors  from  the  Northern 
States,  whose  purpose  was  to  light  up  the  fires 
of  a  servile  insurrection,  and  to  give  your  dwell 
ings  to  the  torch  of  the  incendiary,  and  your 
wives  and  children  to  the  knives  of  assassins. 
The  disgraceful  attempt,  it  is  true,  ended  in  igno 
minious  failure ;  true  that  your  slaves  proved 
loyal,  and  by  a  prompt  execution  of  your  laws 
you  vindicated  your  dignity,  and  exacted  from 
the  wretched  criminals  the  just  forfeiture  of  their 
lives.  But  the  event  had,  nevertheless,  a  terrible 
significance  in  the  minds  of  the  Southern  people. 
It  was  justly  considered  as  the  necessary  and 
logical  result  of  the  principles,  boldly  and  reck 
lessly  avowed  by  the  sectional  party  which  was 
then  grasping  at  the  reins  of  Government,  and 
which  is  now  about  to  be  inaugurated  into 
power. 

Let  it  not  be  supposed  that  I  refer  to  this  dis 
graceful  event  with  a  desire  to  stir  up  a  spirit  of 
hostility  and  revenge,  or  to  reawaken  those  senti 
ments  of  just  indignation  which  the  fact  is  so 
well  calculated  to  excite.  I  refer  to  it  as  a  neces 
sary  and  legitimate  result  of  the  irrepressible  con 
flict  which  has  been  proclaimed,  of  which  the 
President-elect  gave  a  true  exposition  when  he 
said :  "  There  is  a  judgment  and  a  conscience  at 
the  North  against  slavery,  which  must  find  an 
outlet  either  through  the  peaceful  channel  of  the 
ballot-box,  or  in  the  multiplication  of  John  Brown 
raids."  I  refer  to  it  as  a  warning  to  the  people 
of  the  Southern  States,  and  to  you  the  people  of 
Virginia,  of  what  they  and  you  are  to  expect  in 
the  future,  when  that  party,  whose  principles 
thus  give  encouragement,  aid  and  comfort  to  fel 
ons  and  traitors,  shall  have  fimly  established  its 
dominion  over  you. 

These  are  some  of  the  causes,  gentlemen, 
which  have  at  last  convinced  the  people  of  Mis 
sissippi  that  the  hour  has  arrived  when,  if  the 
South  would  maintain  her  honor,  she  must  take 
her  own  destiny  into  her  own  hands ;  but  let  it 
not  be  supposed  that  they  have  not  always  felt  a 
strong  attachment  to  the  Union  of  the  Constitu 
tion,  provided,  that  instrument  could  be  adminis 
tered  in  the  spirit  in  which  it  was  created.  The 
form  of  government,  on  the  contrary,  is  dear  to 
their  hearts,  and  its  necessity  to  them  and  their 


posterity,  has  received  the  sanction  of  their  judg 
ments.  Loving  it  not  wisely,  but  too  well,  they 
have  clung  to  it  long  after  its  obligations  were 
abandoned  by  those  who  were  the  chief  recipi 
ents  of  its  benefits,  under  the  fond  illusion  that  a 
returning  sense  of  justice,  and  a  restoration  of 
fraternal  relations  formerly  existing,  would  se 
cure  to  them  their  rights.  They  long  and  vainly 
hoped  that  the  time  would  again  return,  when 
each  and  every  section  of  the  Confederacy  would 
recognise  the  rights  and  interests  of  all,  and  that 
we  might  in  harmony  with  each  other  have  con 
tinued  to  rejoice  over  what  had  been  achieved  of 
glory  and  prosperity  in  the  past,  and  to  look  for 
ward  with  united  hope  to  the  bright  and  glorious 
prospect  which  an  observance  of  the  principles  of 
the  Constitution  promised  in  the  future. 

Alas !  how  has  that  hope  been  disappointed ; 
how  has  that  illusion  been  dispelled ! 

Could  \ve  think  that  the  crisis  which  is  now 
upon  us  was  but  a  temporary  ebullition  of  temper 
in  one  section  of  the  country,  which  would  in 
brief  time  subside,  we  might  even  yet  believe  that 
all  was  not  lost,  and  that  we  might  yet  rest  se 
curely  under  the  shadow  of  the  Constitution. 
But  the  stern  truth  of  history,  if  we  accept  its 
teachings,  forbids  us  such  reflections.  It  is  not 
to  be  denied  that  the  sentiment  of  hatred  to  our 
institutions  in  the  Northern  section  of  the  Con 
federacy  is  the  slow  and  mature  growth  of  many 
years  of  false  teaching,  and  that  as  we  have  re 
ceded  further  and  further  from  the  earlier  and 
purer  days  of  the  Republic,  and  from  the  memory 
of  associated  toils  and  perils  in  a  common  cause, 
which  once  united  us,  that  sentiment  of  hatred 
has  been  fanned  from  a  small  spark  into  a  mighty 
conflagration,  \vhose  unextinguishable  and  de 
vouring  flames  are  reducing  our  empire  into  ashes. 

Ere  yet  that  generation  which  achieved  our  lib 
erty  had  passed  entirely  from  the  scene  of  action, 
it  manifested  itself  in  the  Missouri  controversy. 
Then  were  heard  the  first  sounds  of  that  fatal 
strife  which  has  raged,  with  occasional  intermis 
sions,  down  to  this  hour.  And  so  ominous  was 
it  of  future  disaster,  even  in  its  origin,  that  it 
filled  even  the  sedate  soul  of  Mr.  Jefferson  with 
alarm  ;  he  did  not  hesitate  to  pronounce  it,  even 
then,  as  the  death-knell  of  the  Union,  and  in 
mournful  and  memorable  words,  to  congratulate 
himself  that  he  should  not  survive  to  witness  the 
calamities  he  predicted.  Said  he : 

"  This  momentous  question,  like  a  fire-bell  in 
the  night,  awakened  and  filled  me  with  terror.  I 
considered  it  at  once  as  the  knell  of  the  Union. 
It  is  hushed,  indeed,  for  the  present,  but  that  is 
only  a  reprieve,  not  a  final  sentence.  A  geo 
graphical  line,  coinciding  with  a  marked  prin 
ciple,  moral  and  political,  once  concurred  in  and 
held  up  to  the  passions  of  men,  will  never  be 
obliterated,  and  every  new  irritation  will  mark  it 
deeper  and  deeper,  until  it  will  kindle  such  mu 
tual  and  mortal  hatred  as  to  render  separation 
preferable  to  eternal  discord.  I  regret  that  I  am 
now  to  die  in  the  belief  that  the  useless  sacrifice 
of  themselves  by  the  generation  of  1770,  to  ac 
quire  self-government  and  happiness  for  their 


DOCUMENTS. 


147 


country,  is  to  be  thrown  away  by  the  unwise  and 
unworthy  passions  of  their  sons,  and  that  my 
only  consolation  is  to  be  that  I  live  not  to  weep 
over  it." 

But,  so  far  were  the  Northern  people  from  be 
ing  warned  by  these  sad,  prophetic  words,  that 
at  each  renewal  of  the  struggle  the  sentiment  of 
hostility  has  acquired  additional  strength  and  in 
tensity.  The  passions  enlisted  in  it  have  become 
more  bitter,  the  disregard  of  constitutional  obli 
gations  more  marked,  and  the  purpose  to  destroy 
our  institutions  more  fixed  and  definite. 

An  infidel  fanaticism,  crying  out  for  a  higher 
law  than  that  of  the  Constitution,  and  a  holier 
Bible  than  that  of  the  Christian,  has  been  enlist 
ed  in  the  strife,  and  in  every  form  which  the 
opinions  of  a  people  can  be  fixed  and  their  senti 
ments  perverted.  In  the  school-room,  the  pul 
pit,  on  the  rostrum,  in  the  lecture-room,  and  in 
the  halls  of  legislation,  hatred  and  contempt  of 
us  and  our  institutions,  and  of  the  Constitution 
which  protects  them,  have  been  inculcated  upon 
the  present  generation  of  Northern  people.  Above 
all,  they  have  been  taught  to  believe  that  we  are 
a  race  inferior  to  them  in  morality  and  civilisa 
tion,  and  that  they  are  engaged  in  a  holy  crusade 
for  our  benefit,  in  seeking  the  destruction  of  that 
institution  which  they  consider  the  chief  impedi 
ment  to  our  advance,  but  which  we,  relying  on 
sacred  and  profane  history  for  our  belief  in  its 
morality,  believe  lies  at  the  very  foundation  of 
our  social  and  political  fabric,  and  constitutes  their 
surest  support 

This,  gentlemen,  is  indeed  an  irrepressible  con 
flict  which  we  cannot  shrink  from  if  we  would  ; 
and  though  the  President-elect  may  congratulate 
himself  that  the  crisis  is  at  hand  which  he  pre 
dicted,  we,  if  we  are  true  to  ourselves,  will  make 
it  fruitful  of  good  by  ending  forever  the  fatal 
struggle,  and  placing  our  institutions  beyond  the 
reach  of  further  hostility. 

I  know  not,  gentlemen,  what  may  be  your 
views  of  the  subject,  nor  what  you  purpose  in 
this  crisis ;  but  I  have  already  told  you  what  the 
people  of  Mississippi  have  resolved  on,  and  to 
that  determination,  you  may  rely  upon  it,  they 
will  adhere  through  every  extremity  of  prosper 
ous  or  adverse  fortune.  They,  like  you,  are  the 
descendants  of  a  revolutionary  race,  which  for  far 
less  cause  raised  the  banner  of  resistance  against 
a  far  mightier  power,  and  never  lowered  it  until 
that  victory  which  the  God  of  battles  gives  to 
brave  men  in  a  just  cause,  had  crowned  their  ef 
forts  and  established  their  independence;  and 
they  have,  like  them,  decided  that  the  time  has 
arrived  to  trust  for  the  safety  of  their  honor  and 
rights,  only  to  their  own  strong  arms  and  stout 
hearts,  rather  than  submit  to  placing  those  price 
less  blessings  in  the  keeping  of  their  inveterate 
foes. 

I  shall  enter,  gentlemen,  into  no  discussion  of 
the  right  of  secession,  whether  it  be  peaceful  and 
constitutional,  or  violent  and  revolutionary.  If 
declared  that  the  question  must,  in  the  nature  of 
things,  be  decided  first  by  those  who  would  force 
us  back  into  a  Union  with  them,  which  we  have 


repudiated,  and  when  they  shall  have  made  up 
their  minds  on  that  subject,  it  will  remain  for  ua 
to  join  the  issue  and  accept  the  consequences,  be 
they  peaceful  or  bloody.  We  shall  do  all  in  our 
power  to  avoid  a  hostile  collision  with  those  who 
were  once  our  brothers,  though  now  divided  from 
us  by  an  impassable  gulf;  we  wish  them  no 
harm,  and  could  our  prayers  avail  them,  wo 
would  freely  offer  them,  that  in  their  future  des 
tiny  they  may  have  that  prosperity,  liberty  and 
peace  which  we  intend  to  seek  for  ourselves  un 
der  a  new  organization.  All  good  men  too  will 
pray  that  that  Providence  which  presides  over 
the  destinies  of  nations,  and  shapes  their  ends, 
rough-hew  them  as  they  will,  will  so  ordain  that 
the  friends  of  liberty  throughout  the  world  may 
not  have  cause  to  mourn  over  the  folly  and  mad 
ness,  and  wickedness,  of  an  effort  by  arms  on 
this  continent,  to  subject  a  whole  people,  united 
in  the  vindication  of  their  rights,  and  resolved  to 
die  in  their  defence. 

But  if  it  must  be  so,  and  we  are  compelled  to 
take  up  arms,  we  trust  we  shall  know  how  to 
bear  ourselves  as  freemen  engaged  in  a  struggle 
for  their  dearest  rights.  We  have  learned  the 
lesson  how  to  do  so,  from  the  history  of  your 
own  noble  Commonwealth,  and  we  shall  attempt, 
at  least,  to  profit  by  the  glorious  example. 

The  conviction  of  the  justice  of  their  cause  will 
be  a  tower  of  strength  in  the  hour  of  battle,  and 
inspire  the  hearts  of  the  Southern  people  like  the 
sounds  of  that  divine  music,  which,  in  the  words 
of  Milton, 

"  Cheered  the  hearts  of  heroes  old, 
Arming  to  battle;  and  instead  of  rage, 
Deliberate  valor  breathed  firm  and  unmoved 
By  dread  of  death  to  flight  or  foul  retreat.'' 

And  when  that  hour  comes,  we  know,  too,  where 
Virginia  will  stand.  Her  banner  will  float  proud 
ly  "over  the  perilous  edge  of  battle"  wherever 
it  rages,  and  the  blood  of  her  sons  will  enrich 
every  field  where  Southern  men  strike  for  their 
rights  and  their  honors. 

Having  thus  stated  the  action  of  my  State,  and 
the  causes  which  induced  it,  I  should,  probably, 
best  consult  the  proprieties  of  the  occasion,  by 
adding  nothing  to  what  I  have  said.  I  trust,  how 
ever,  I  shall  be  pardoned  for  offering  one  or  two 
suggestions  for  your  consideration.  The  funda 
mental  idea  which  has  influenced  the  action  of 
the  seceding  States,  is  the  demonstrated  necessity 
that  the  Southern  people  should  take  their  inter 
est  and  their  honor  into  their  own  keeping,  and 
thus  rescue  them  from  the  power  of  an  avowedly 
hostile  Government.  It  is  not  that  they  are  op 
posed  to  an  union  of  the  Confederated  States. 
Such  a  form  of  government  is  not  only  dear  to 
their  hearts,  but  its  value  and  necessity  to  them, 
and  their  posterity,  receive  the  recognition  and 
approval  of  their  judgments.  It  is  no  fault  of 
theirs  that  the  Union,  as  it  recently  existed,  has 
ceased  to  be  practicable  or  desirable.  The  South 
ern  people  may  well  recur  with  pride  to  the  his 
tory  of  their  connection  with  that  Government. 
Well  may  they  ask  when  have  they,  as  States  01 
individuals,  proved  faithless  to  the  obligations  it 


148 


REBELLION   RECORD,  1860-61. 


imposed  ?  In  what  point  have  they  fallen  short 
of  the  full  measure  of  duty  and  comity  to  their 
sister  States  ?  What  indulgences  have  they  not 
showed  to  the  insulting  prejudices  and  unreason 
ing  fanaticism  of  the  other  section  ?  What  sacri 
fices  of  blood  and  treasure  have  they  not  made  in 
the  common  cause,  and  what  efforts  to  bring  back 
the  harmony  (halcyon  days)  which,  in  the  lan 
guage  of  one  of  her  most  eloquent  sons,  reigned 
in  those  days  when  Massachusetts  summoned 
Washington  to  lead  the  armies  of  New-England, 
and  when  Virginia  and  Carolina  sent  supplies  of 
corn  and  rice  to  their  famishing  brethren  in  Boston  ? 

But  such  a  form  of  government  being  demon 
strated  to  be  impracticable  with  the  Northern 
people,  all  that  is  left  us  is  the  creation  of  a  great 
and  powerful  Southern  Union,  composed  of  States 
inhabited  by  homogeneous  populations,  and  hav 
ing  a  common  interest,  common  sympathies,  com 
mon  hopes,  and  a  common  destiny. 

This  is  the  inevitable  destiny  of  the  Southern 
people,  and  this  destiny  Virginia  holds  in  her 
hands.  By  uniting  herself  to  her  sisters  of  the 
South,  who  are  already  in  the  field,  she  will  make 
that  a  peaceful  revolution  which  may  otherwise 
be  violent  and  bloody.  At  the  sound  of  her 
trumpet  in  the  ranks  of  the  Southern  States, 
"  grim  -  visaged  war  will  smooth  his  wrinkled 
front,"  peace  and  prosperity  will  again  smile  upon 
the  country,  and  we  shall  hear  no  more  threats  of 
coercion  against  sovereign  States  asserting  their 
independence.  The  Southern  people,  under  your 
lead,  will  again  be  united,  and  liberty,  prosperity, 
and  power,  in  happy  union,  will  take  up  their 
abode  in  the  great  Southern  Republic,  to  which 
we  may  safely  entrust  our  destinies.  These  are 
the  noble  gifts  which  Virginia  can  again  confer  on 
the  country,  by  prompt  and  decided  action  at  the 
present. 

In  conclusion,  gentlemen,  let  me  renew  to  you 
the  invitation  of  my  State  and  people,  to  unite 
and  cooperate  with  your  Southern  sisters  who 
are  already  in  the  field,  in  defence  of  their  rights. 
We  invite  you  to  come  out  from  the  house  of 
your  enemies,  and  take  a  proud  position  in  that 
of  your  friends  and  kindred.  Come,  and  be  re 
ceived  as  an  elder  brother,  whose  counsels  will 
guide  our  action  and  whose  leadership  we  will 
willingly  follow.  Come  and  give  us  the  aid  of 
your  advice  in  counsel,  and  your  arm  in  battle, 
and  be  assured  that  when  you  do  come,  as  we 
know  you  will  do  at  no  distant  day,  the  signal  of 
your  move  will  send  a  thrill  of  joy  vibrating 
through  every  Southern  heart,  from  the  Rio 
Grande  to  the  Atlantic,  and  a  shout  of  joyous 
congratulation  will  go  up,  which  will  shake  the 
continent  from  its  centre  to  its  circumference. 

ADDRESS    OP    HENRY    L.    BENNING,    OP    GEORGIA. 

MR.  PRESIDENT  AND  GENTLEMEN  OF  THE  CONVEN 
TION  :  I  have  been  appointed  by  the  Conven 
tion  of  the  State  of  Georgia,  to  present  to  you  the 
ordinance  of  secession  of  Georgia,  and,  further, 
to  invite  Virginia,  through  you,  to  join  Georgia 
and  the  other  seceded  States  in  the  formation  of 
a  Southern  Confederacy.  This,  sir,  is  the  whole 


extent  of  my  mission.  I  have  no  power  to  make 
promises,  none  to  receive  promises ;  no  power  to 
bind  at  all,  in  any  respect.  But  still,  sir,  it  has 
seemed  to  me  that  a  proper  respect  for  this  Con 
vention  requires  that  I  should,  with  some  fulness 
and  particularity,  exhibit  to  the  Convention  the 
reasons  which  have  induced  Georgia  to  take  that 
important  step  of  secession,  and  then  to  lay  before 
the  Convention  some  facts  and  considerations  in 
favor  of  the  acceptance  of  the  invitation  by  Vir 
ginia.  With  your  permission  then,  sir,  I  will  pur 
sue  this  course. 

What  was  the  reason  that  induced  Georgia  to 
take  the  step  of  secession  ?  That  reason  may 
be  summed  up  in  one  single  proposition.  It  was 
a  conviction  —  a  deep  conviction  on  the  part  of 
Georgia — that  a  separation  from  the  North  was 
the  only  thing  that  could  prevent  the  abolition  of 
her  slavery.  This  conviction  was  the  main  cause. 
It  is  true  that  the  effect  of  this  conviction  was 
strengthened  by  a  further  conviction  that  such  a 
separation  would  be  the  best  remedy  for  the  fu 
gitive  slave  evil,  and  also  the  best,  if  not  the  only 
remedy,  for  the  territory  evil.  But,  doubtless,  if 
it  had  not  been  for  the  first  conviction  the  step 
would  not  have  been  taken.  It,  therefore,  be 
comes  important  to  enquire  whether  this  convic 
tion  was  well  founded. 

Is  it  true,  then,  that  but  for  the  separation 
from  the  North,  slavery  would  be  abolished  in 
Georgia  ?  I  address  myself  to  the  proofs  of  that 
proposition. 

In  the  first  place,  I  say  that  the  North  hates 
slavery.  And  I  use  the  expression,  the  North 
hates  slavery,  designedly.  Hate  is  the  feeling, 
and  it  is  the  whole  North  that  bears  it.  That 
this  is  true  of  the  Black  Republican  party  at  the 
North  will,  I  suppose,  be  admitted.  If  there  is 
a  doubt  upon  it  in  the  mind  of  any  one  who  lis 
tens  to  me,  a  few  of  the  proofs  which  could  fill 
this  room,  will,  I  think,  be  sufficient  to  satisfy 
him.  I  beg  to  refer  to  a  few  of  the  proofs  —  and 
the  first  that  I  shall  adduce  consists  in  two  or 
three  sentences  from  a  speech  of  Mr.  Lincoln's, 
made  in  October,  1858.  They  are  as  follows  :  "I 
have  always  hated  Slavery  as  much  as  any  abo 
litionist  ;  I  have  always  been  an  old  line  Whig ; 
I  have  always  hated  it,  and  I  always  believed  it 
in  the  course  of  ultimate  extinction,  and  if  I  were 
in  Congress,  and  a  vote  should  come  up  on  the 
question  whether  slavery  should  be  excluded 
from  the  territory,  in  spite  of  the  Dred  Scott  de 
cision,  I  would  vote  that  it  should." 

These  are  pregnant  sentences.  They  contain 
both  a  sentiment  and  a  principle  of  political  con 
duct.  The  former  is,  that  his  hatred  of  slavery 
equals  that  of  any  abolitionist,  and,  therefore, 
that  it  equals  that  of  Sumner  or  John  Brown. 
The  latter  is,  that  his  action  against  slavery  is  not 
to  be  restrained  by  the  Constitution  of  the  United 
States,  as  interpreted  by  the  Supreme  Court  of  the 
United  States.  If  you  can  find  any  degree  of 
hatred  greater  than  that,  I  should  like  to  see  it. 
This  is  the  sentiment  of  the  chosen  leader  of  the 
Black  Republican  party  ;  and  can  3^011  doubt  that 
it  is  not  entertained  :y  every  member  of  that 


DOCUMENTS. 


149 


party  ?  You  cannot,  I  think.  He  is  a  represent 
ative  man  ;  his  sentiments  are  the  sentiments  of 
his  party ;  his  principles  of  political  action  are 
the  principles  of  political  action  of  his  party.  I 
insist,  then,  that  it  is  true  that  at  least  the  Re 
publican  party  of  the  North  hates  slavery. 

My  next  proposition  is,  that  the  Republican 
party  is  the  North.  That  party  is  in  a  perma 
nent  majority  there,  and  in  a  government  organiz 
ed  like  the  governments  of  the  United  States,  and 
like  our  own  government,  a  majority,  where  it  is 
permanent,  is  equivalent  to  the  whole.  The  mi 
nority  is  powerless  if  the  majority  be  permanent. 
Now,  is  this  majority  of  the  Republican  party 
permanent  ?  I  say  it  is.  That  party  is  so  deep 
ly  seated  at  the  North  that  you  cannot  overthrow 
it.  It  has  the  press — it  has  the  pulpit — it  has 
the  school-house — it  has  the  State  organizations — 
the  governors,  legislatures,  judges,  county  officers, 
magistrates,  constables,  mayors,  in  fact,  all  offi 
cial  life.  Now,  it  has  the  General  Government  in 
addition.  It  has  that  inexhaustible  reserve  to 
fall  back  upon  and  to  recruit  from,  the  universal 
feeling  at  the  North  that  slavery  is  a  moral,  so 
cial,  and  political  evil.  With  this  to  fall  back 
upon,  recruiting  is  easy.  This  is  not  all.  The 
Republican  party  is  now  in  league  with  the  tariff, 
in  league  with  internal  improvements,  in  league 
with  the  land  donation  policy,  in  league  with 
three  Pacific  railroads.  Sir,  you  cannot  overthrow 
euch  a  party  as  that.  As  well  might  you  attempt 
to  lift  a  mountain  out  of  its  bed  and  pitch  it  into 
the  sea. 

But,  suppose,  sir,  that  by  the  aid  of  Provi 
dence  and  the  intensest  human  exertion,  you 
were  enabled  to  overthrow  it,  how  long  would 
your  victory  last?  But  a  very  short  time.  The 
same  ascendancy  which  that  party  has  gained 
now,  would  be  gained  again  before  long.  If  it 
has  come  to  its  present  majority  in  the  course  of 
twenty-five  years,  from  nothing,  how  long  would 
it  take  the  fragments  to  get  again  into  a  majority? 
Sir,  it  would  take  only  two  or  three  Presidential 
elections,  and  your  labor  would  be  worse  than 
the  labor  of  Sisyphus.  Every  time  you  rolled  the 
stone  up  the  hill,  it  would  grow  larger  and  larger, 
until  finally  it  would  come  down  with  the  dimen 
sions  of  an  avalanche,  and  crush  all  before  it. 

The  Republican  party,  then,  is  the  permanent, 
dominant  party  at  the  North,  and  it  is  vain  to 
think  that  you  can  put  it  down.  It  being  true 
that  the  Republican  party  hates  slavery,  and  that 
it  is  to  be  the  permanent,  dominant  party  at  the 
North ;  and  the  majority,  when  permanent,  being 
equivalent  to  the  whole,  it  follows  that,  practi 
cally,  the  Republican  party  is  the  North,  and, 
therefore,  that  practically  the  whole  North  hates 
slavery.  But,  indeed,  what  is  the  feeling  of  the 
rest  of  the  Northern  people  upon  this  subject  ? 
Can  you  trust  them  ?  Even  they  say  that  slave 
ry  is  a  moral,  social  and  political  evil.  Then  the 
natural  result  of  that  feeling  must  be  hatred  to 
the  institution ;  and  if  that  feeling  is  not  enter 
tained,  it  must  be  the  consequence  of  something 
artificial  or  temporary — some  interest,  some  thirst 
for  office,  or  some  confidence  in  immediate  ad 


vancement.  And  we  know  that  these  considera 
tions  cannot  be  depended  upon,  and,  therefore, 
we  may  expect  that,  ultimately,  the  whole  Noith 
will  pass  from  this  inactive  state  of  hatred,  into  the 
state  which  animates  the  Black  Republican  party. 

Is  it  true,  then,  that  the  North  hates  slavery  ? 
My  next  proposition  is,  that  in  the  past  the  North 
has,  at  every  instant,  invariably  exerted  against 
slavery,  all  the  power  which  it  had  at  that  instant. 
The  question  merely  was,  what  was  the  amount 
of  power  it  had  to  exert  against  it.  They  abol 
ished  slavery  in  that  magnificent  empire  which 
you  presented  to  the  North ;  they  abolished  sla 
very  in  every  Northern  State,  one  after  another ; 
they  abolished  slavery  in  all  the  territory  above 
the  line  of  thirty-six  degrees  and  thirty  minutes, 
which  comprised  about  one  million  square  miles. 
They  have  endeavored  to  put  the  Wilmot  Proviso 
upon  all  the  other  territories  of  the  Union,  and 
they  succeeded  in  putting  it  upon  the  territories 
of  Oregon  and  Washington.  They  have  taken 
from  slavery  all  the  conquests  of  the  Mexican 
war,  and  appropriated  them  to  anti-slavery ;  and 
if  one  of  our  fugitives  escapes  into  the  States,  they 
do  all  they  can  to  make  a  free  man  of  him  ;  they 
maltreat  his  pursuers,  and  sometimes  murder 
them.  They  make  raids  into  your  States  with  a 
view  to  raise  insurrection,  to  destroy  and  mur 
der  indiscriminately  all  classes,  ages  and  sexes, 
and  when  the  perpetrators  are  caught  and  brought 
to  punishment,  half  the  North  go  into  mourning. 
If  some  of  the  perpetrators  escape,  they  are  shield 
ed  by  the  authorities  of  Northern  States — not  by 
an  irrepressible  mob,  but  by  the  regularly  organ 
ized  authorities. 

My  next  proposition  is,  that  we  have  a  right  to 
argue  from  the  past  to  the  future,  and  to  say,  that 
if  in  the  past  the  North  has  done  this,  it  will-  in 
the  future  abolish  slavery,  if  it  shall  acquire  the 
power  to  do  so. 

My  next  proposition  is,  that  the  North  is  in  the 
course  of  acquiring  this  power.  Is  that  true  ?  I 
say,  gentlemen,  that  the  North  is  acquiring  that 
power  by  two  processes,  one  of  which  is  operat 
ing  with  great  rapidity — that  process  is  by  the 
admission  of  new  States.  The  public  territory  is 
capable  of  forming  from  twenty  to  thirty  States 
of  larger  size  than  the  average  of  the  States  now 
in  the  Union.  This  territory  has  now  become 
Northern  territory,  and  every  State  that  comes 
into  the  Union  will  be  a  free  State.  We  may  rest 
assured,  sir,  that  that  is  a  fixed  fact.  The  events 
in  Kansas  should  satisfy  every  one  of  the  truth 
of  this.  The  other  process  is,  that  by  which  some 
of  our  own  slave  States  are  becoming  free  States. 
In  some  of  the  slave  States  the  slave  population 
is  actually  on  the  decrease ;  and,  I  believe  that  iri 
all  of  them,  it  is  relatively  to  the  white  popufa- 
tion,  on  the  decrease.  The  census  shows  that 
slaves  are  decreasing  in  Delaware  and  Maryland ; 
and  that  in  the  other  States,  in  the  same  parallel, 
the  relative  state  of  the  decrease  and  increase  is 
against  the  slave  population.  It  is  not  wonderful 
that  this  should  be  so.  The  anti-slavery  feeling 
has  become  so  great  at  the  North,  that  the  own 
ers  of  slave  property  in  these  States  have  a  pre- 


150 


REBELLION  RECORD,  1860-61. 


sentiment  that  it  is  a  doomed  institution,  and  the 
instincts  of  self-interest  impel  them  to  get  rid  of 
doomed  property.  The  consequence  is,  that  sla 
very  will  go  down  lower  and  lower — until  it  gets 
to  the  bottom — the  Cotton  States. 

What  else  could  be  expected  ?  It  has  upon  it 
the  weight  of  the  half  of  a  Continent — and  under 
the  pressure  of  such  a  weight  as  that,  it  must 
continue  to  sink  until  it  reaches  the  bottom,  and 
with  an  ever  increasing  rapidity,  for  as  it  sinks 
the  weight  on  it  will  ever  increase.  When  it  shall 
have  reached  the  bottom,  the  time  will  have  come 
when  the  North  will  have  the  power  to  amend 
the  Constitution.  And  then  she  will  amend  it 
and  abolish  slavery. 

My  proposition  is,  then,  T  insist,  true — that  the 
North  is  acquiring  the  power  to  abolish  slavery 
in  the  Cotton  States.  We  have  seen  that  as  soon 
as  she  acquires  the  power  she  will  exercise  it. 

The  next  question,  therefore,  is,  what  kind  of 
thing  will  that  abolition  be  ? 

By  the  time  that  such  abolition  comes,  the 
black  race  in  those  States  will  be  double  of  the 
white.  Consequently,  as  the  majority,  it  will  then 
go  into  political  power  ;  and  those  States  will  have 
black  governors,  black  judges,  black  legislators, 
black  juries,  black  witnesses — everything  black. 

Is  it  to  be  supposed  that  the  white  race  will 
stand  that?  It  is  not  a  supposable  case.  Al 
though  not  half  so  numerous,  we  may  readily  as 
sume  that  war  will  break  out  everywhere,  like 
hidden  fire ;  and  it  is  probable  that  the  white  race, 
being  superior  in  every  respect,  may  at  first  push 
the  other  back. 

The  latter  will  then  call  upon  the  General  Gov 
ernment  for  aid  to  put  down  domestic  violence, 
and  that  Government  will  obey  the  call,  and  come 
down  upon  us  with  overwhelming  numbers. 

The  consequence  will  be,  that  our  men  will  be 
all  exterminated,  or  expelled  to  wander  as  vaga 
bonds  over  a  hostile  earth  ;  and  as  for  our  women, 
their  fate  will  be  too  horrible  to  contemplate  even 
in  fancy. 

This  is  the  meaning  of  abolition,  as  it  concerns 
the  white  race  in  the  Cotton  States. 

But  this  is  not  all.  The  white  race  having  been 
exterminated,  the  land  will  go  into  the  exclusive 
possession  of  the  black,  and  will,  in  consequence, 
rapidly  pass  into  the  condition  of  St.  Domingo, 
and  become  a  howling  wilderness.  The  North, 
looking  on,  will  say  to  itself,  this  ought  not  to  be, 
and,  mindful  of  its  ancient  principle,  it  will  de 
clare  that  this  goodly  land  and  the  fulness  thereof 
are  the  Lord's,  and  he  made  it  not  for  these  black 
heathen,  but  for  his  saints — and  we  are  his  saints. 
And  then  they  will  take  possession  of 'it  and  ex 
terminate  the  blacks.  Thus  the  end  will  be  that 
the  Yankee  will  walk  our  soil  as  sole  lord,  having 
exterminated  both  us  and  our  slaves. 

This  is  what  abolition  in  the  Cotton  States 
would  be.  Sir,  can  you  blame  us  for  flying  to 
any  measure  to  prevent  this  ? 

The  next  question,  therefore,  is  as  to  that 
measure — is  as  to  a  remedy.  And  it  is  manifest 
that  to  render  anything  a  remedy,  it  must  have 


eradicate  the  hate  borne  by  the  North  to  slavery, 
or  else  a  property  to  prevent  the  North  from  ac« 
quiring  the  power  to  abolish  slavery.  Any  thing 
not  containing  one  of  these  two  properties,  can 
not,  it  is  clear,  be  a  remedy  for  the  disease. 

What  remedy  is  it  that  contains  these  requi 
sites  ?  Is  there  any  in  the  Union  that  does  ?  Let 
us  take  the  strongest  that  we  have  heard  suggest 
ed,  which  is  an  amendment  of  the  Constitution, 
guaranteeing  the  power  of  self-preservation,  and 
dividing  the  public  territory  at  the  line  of  thirty- 
six  degrees  and  thirty  minutes,  giving  the  South 
all  below  that  line.  I  know  that  that  remedy  has 
not  been  thought  of  as  attainable.  But,  let  us  look 
at  it.  Suppose  the  North  grant  us  the  power  of 
self-preservation,  as  it  is  called — suppose  they 
give  to  each  senator  and  member  the  veto  power 
over  any  bill  relating  to  slavery.  That  is  putting 
it  strong  enough.  Would  that  be  sufficient  to 
make  it  a  remedy  ?  I  say  it  would  not,  and  for 
two  reasons.  The  first  is,  that  the  North  regards 
every  such  stipulation  as  void  under  "the  higher 
law."  The  North  entertains  the  opinion  that  sla 
very  is  a  sin  and  a  crime.  I  mean,  when  I  say 
the  North,  the  Republican  party,  and  that  is  the 
North ;  and  they  say  that  any  stipulation  in  the 
Constitution  or  laws  in  favor  of  slavery,  is  an 
agreement  with  death  and  a  covenant  with  hell ; 
and,  therefore,  that  it  is  absolutely  a  religious 
merit  to  violate  the  stipulation.  They  think  it 
as  much  a  merit  to  violate  a  provision  of  that 
sort,  as  it  is  to  violate  a  stipulation  in  favor  of 
murder  or  treason. 

Well,  sir,  a  people  entertaining  this  opinion,  is 
beyond  the  pale  of  contract-making.  You  cannot 
make  a  contract  with  a  people  of  that  kind,  be 
cause  it  is  a  bond,  as  they  regard  it,  not  binding 
upon  them.  That  being  so,  how  will  it  be  any  pro 
tection  to  us,  that  our  Senators  and  Representa 
tives  shall  have  a  grant  of  the  power  of  saying 
that  a  bill  shall  not  pass  ?  Suppose  a  bill,  on 
its  passage,  for  the  abolition  of  our  slavery.  A 
Georgia  Senator  says:  "I  veto  this  bill."  The 
Northern  Senators  reply :  "  The  clause  giving  you 
such  a  veto,  is  against  the  higher  law,  and  there 
fore  your  veto  is  void  in  law."  He  rejoins :  "  That 
is  not  so,  but,  at  any  rate,  it  would  be  a  fraud  in 
you  to  insist  on  this  view,  for  you  know  the  South 
would  not  have  staid  in  the  Union  if  you  had 
not  agreed  to  that  clause."  They  reply  again : 
"Tut,  tut,  we  proclaimed  from  the  mountain- 
tops,  in  a  voice  to  be  heard  by  the  whole  conti 
nent,  that  slavery  is  a  sin  and  a  crime,  and  that 
any  stipulation  in  favor  of  it,  was  therefore  void. 
You  had  notice ;  your  plea,  therefore,  is  not  good, 
either  at  law  or  in  equity."  And  thus  this  pro 
tective  veto  power  would  prove  worthless. 

The  next  reason  is  this :  the  North  entertains 
the  idea  that  this  is  a  consolidated  Government, 
that  the  people  are  one  nation,  not  a  confederation 
of  States,  and  that,  being  a  consolidated  Govern 
ment,  the  numerical  majority  is  sovereign.  Mr. 
Lincoln  has  just  declared,  that  a  Stat«*  ;s  no  more 
than  a  county.  A  necessary  result  of  that  doc 
trine  is,  that  the  Constitution  of  the  United  States 


one  or   both  of  two   properties — a   property   to  I  is,  at  any  time,  subject  to  amendment  by  a  bare 


DOCUMENTS. 


151 


majority  of  the  whole  people.  This  being  so,  it 
follows,  that  any  clause  in  the  Constitution  would 
be  subject  to  repeal  by  the  will  of  a  mere  numer 
ical  majority  of  the  people,  for  a  provision  against 
such  repeal  would  be  no  more  binding  on  the  sov 
ereign,  the  numerical  majority,  than  is  an  act  of  a 
Legislature  restricting  legislative  power  binding 
on  a  future  Legisture. 

Consequently  the  supposed  veto  clause  would 
be  worthless  for  this  second  reason,  the  North 
having  a  permanent  numerical  majority. 

It  follows,  that  no  stipulation  of  the  North,  in 
favor  of  slavery,  not  even  a  constitutional  one,  is 
at  all  trustworthy  ;  and  therefore,  that  no  such 
stipulation  can  be  accepted  as  sufficient  by  the 
Cotton  States. 

If  it  is  true  of  such  constitutional  amendments 
as  these,  that  they  are  not  sufficient,  it  must  in  a 
still  greater  degree  be  true  of  all  lesser  amend 
ments  and  measures,  such  as  the  Crittenden  re 
solutions.  Indeed,  we  may  say  of  any  conceiv 
able  amendment,  that  it  would  prove  insufficient. 

The  only  question  then  is,  would  a  separation 
from  the  North  be  a  remedy  ?  I  say,  it  would  be 
a  complete  remedy ;  a  remedy  that  would  reach 
the  disease  in  all  its  parts.  If  we  were  separated 
from  the  North,  the  will  of  the  North  on  the  sub 
ject  of  slavery  would  be  changed.  Why  is  it  now 
that  the  North  hates  slavery  ?  For  the  reason 
that  they  think  they  are,  to  some  extent,  respon 
sible  for  the  institution  because  of  the  Union,  and 
for  the  reason  that  by  hating  slavery  they  get  of 
fice.  Let  there  be  a  separation,  and  this  feeling 
will  no  longer  exist,  because  slavery  will  no  longer 
enter  into  the  politics  of  the  North.  Does  slavery 
in  the  South  enter  into  the  politics  of  England  or 
France  V  Does  slavery  in  Brazil  or  Cuba  enter 
into  the  politics  of  the  North  ?  Not  at  all ;  and 
if  we  were  separate,  the  subject  of  slavery  would 
not  enter  into  the  politics  of  the  North.  I  say, 
therefore,  that  this  remedy  would  be  sufficient  to 
cure  the  branch  of  the  disease  consisting  in  the 
hate  which  the  North  bears  to  slavery. 

At  any  rate,  it  would  be  sufficient  to  cure  the 
other  branch.  That  by  which  the  North  is  ac- 
quring  the  power  to  abolish  slavery. 

States  out  of  the  Union  are  beyond  the  yeas 
and  nays  of  the  North. 

Separation  takes  slavery  out  of  the  hands  of  its 
enemies,  and  puts  it  in  the  hands  of  its  friends. 
And  that  is  a  complete  remedy  for  the  case.  As 
long  as  slavery  remains  in  the  hands  of  its  ene 
mies,  there  is  for  it  no  safety ;  it  lives  at  mere 
sufferance. 

I  think,  then,  that  I  am  justified  in  saying  that 
this  conviction  in  the  mind  of  Georgia — namely, 
that  the  only  remedy  for  this  evil  is  separation — 
was  well-founded. 

She  was  also  convinced  that  separation  would 
be  the  best,  if  not  the  only,  remedy  for  the  fugi 
tive  slave  evil,  and  for  the  territory  evil.  I  will 
advert  to  these  two  evils  further  on  in  this  address. 

It  may  be  asked,  sir,  if  the  personal  liberty  bills, 
if  the  election  of  Lincoln,  by  a  sectional  majority, 
had  nothing  to  do  with  the  action  of  Georgia  ? 
Sir,  they  had  much  to  do  with  it.  These  were 


most  important  facts.  They  indicated  a  deliber 
ate  purpose,  on  the  part  of  the  North,  to  violate 
constitutional  stipulations,  if  these  are  in  favor  of 
slavery.  They  are  valuable  in  another  respect. 
These  personal  liberty  bills  are  unconstitutional ; 
they  are  deliberate  infractions  of  the  Constitution 
of  the  United  States ;  and  being  so,  they  give  to 
us  a  right  to  say,  if  we  choose,  that  we  will  no 
longer  be  bound  by  the  Constitution.  The  lan 
guage  of  Webster,  in  his  speech  at  Capon  Springs, 
in  your  own  State,  was,  that  a  bargain  broken  on 
one  side,  is  broken  on  all  sides.  And  in  this 
opinion  all  authorities  on  public  law  concur.  The 
election  of  Lincoln,  if  not  a  violation  of  the  letter 
of  the  Constitution,  was  a  violation  of  its  spirit. 

The  Constitution  was  formed  "  to  establish 
justice."  The  election  of  Mr.  Lincoln  was  de 
signed  to  give  the  whole  public  territory  to  the 
North,  although  that  territory  belongs  as  much 
to  the  South  as  it  does  to  the  North.  Conse 
quently  that  election  was  intended  to  establish 
injustice — and  therefore  was  a  flagrant  violation 
of  the  intent  of  the  Constitution.  And  the  intent 
of  the  Constitution  is  the  very  life  of  it. 

These  things  being  so,  I  ask,  what  was  Georgia 
to  do  but  to  separate  forever  from  the  North  ? 
Was  she  to  stay  in  the  Union,  and  wait  for  ex 
termination  by  abolition?  Sir,  was  that  to  be 
expected  of  her  ?  If  not,  it  ought  to  be  admitted, 
that  her  act  of  secession  was  not  only  right,  but 
necessary. 

The  second  branch  of  my  case  is,  to  lay  before 
the  Convention  some  facts  and  considerations  go 
ing  to  show  why  Virginia  ought  to  accept  the  in 
vitation  of  Georgia,  to  join  her  in  the  formation 
of  a  Southern  Confederacy. 

What  ought  to  influence  a  nation  to  enter  into 
a  treaty  with  another  nation  ?  It  ought  not  to 
be,  I  am  free  to  say,  any  higher  consideration 
than  interest — material,  social,  political,  religious 
interest.  And  it  shall  be  my  endeavor  now  to 
show  that  it  will  be  to  the  interest  of  Virginia, 
materially,  socially,  politically  and  religiously,  to 
accept  the  invitation  of  Georgia  to  join  the  South 
ern  Confederacy ;  and,  first,  will  it  be  to  her  ma 
terial  interest  ? 

Georgia  and  the  other  Cotton  States  produce 
four  millions  of  bales  of  cotton  annually.  Every 
one  of  these  bales  is  worth  fifty  dollars.  The 
whole  crop,  therefore,  is  worth  two  hundred  mil 
lions  of  dollars.  This  crop  goes  on  increasing 
rapidly  from  year  to  year.  The  increase,  in  the 
last  decade,  was  fifty  per  cent.  If  the  same  in 
crease  should  continue  for  the  next  decade,  we 
should  have,  in  1870,  six  millions  of  bales;  in 
1890,  nine  millions  of  bales  ;  and  so  on.  And, 
supposing  that  this  rate  will  not  continue,  yet  we 
have  a  right  to  assume  that  the  increase  will  be 
very  great,  because  consumption  outruns  produc 
tion,  and  so  long  as  that  is  the  case,  production 
will  try  to  overtake  it. 

You  perceive,  then,  that  out  of  one  article  we 
have  two  hundred  millions  of  dollars,  and  a 
prospect  of  an  indefinite  increase  in  the  future. 
Then,  we  have  sugar,  worth  from  fifteen  to  twen 
ty  millions  of  dollars,  increasing  every  year  at  a 


152 


REBELLION  RECORD,  1860-61. 


pretty  rapid  rate.  Then,  we  have  rice,  and  naval 
stores,  and  lumber,  and  live  oak,  and  various 
other  articles,  which  make  a  few  more  millions. 
You  may  set  down  that  these  States  yield  a  sur 
plus  of  from  two  hundred  millions  of  dollars  to 
two  hundred  and  thirty  millions  of  dollars,  with 
a  prospect  of  vast  increase.  These  articles  we 
turn  into  money,  and  with  that  we  buy  manu 
factured  goods,  iron,  cotton  and  woollen  manu 
factures,  ready-made  clothing,  and  many  other 
descriptions  of  goods.  We  also  buy  flour,  and 
wheat,  and  bacon,  and  pork,  and  mules,  and 
negroes ;  very  little  of  this  money  is  kept  at  home 
in  manufactures ;  we  lay  it  out  in  this  way. 

Now,  I  say,  why  will  not  Virginia  furnish  us 
these  goods  ?  Why  will  not  she  take  the  place 
now  held  by  New-England  and  New-York,  and 
furnish  to  the  South  these  goods  ?  Bear  in  mind, 
that  the  manufactures  consumed  by  the  South, 
are  mainly  manufactures  of  the  United  States. 
These  manufactures  now  monopolize  nearly  our 
whole  market  by  virtue  of  the  tariff  on  foreign 
importations.  Will  not  Virginia  take  this  place  ? 
I  ask,  is  it  not  to  the  interest  of  Virginia  and  the 
Border  States  to  take  this  place  ?  Most  assuredly 
it  is.  Then,  I  say,  it  is  at  her  own  option  whether 
she  will  take  it  or  not.  I  dare  say,  she  can  have 
the  same  sort  of  protection  against  the  North  that 
the  North  has  against  Europe.  If  she  can,  it  is 
merely  for  her  to  say  whether  she  will  have  manu 
factures  or  not. 

Then  the  question  is,  will  the  protection  which 
you  will  get  from  us  be  sufficient  to  build  up 
your  manufactures  ?  And,  I  say,  that  I  think  it 
will. 

I  do  not  come  here,  as  I  said  at  the  outset,  to 
make  promises ;  but  I  will  give  my  opinion,  and 
that  is,  that  the  South  will  support  itself  by 
duties  on  imports.  It  has  certainly  begun  to  do 
so.  So  far  we  have  adopted  the  revenue  laws  of 
the  United  States. 

Our  Constitution  says  that  our  Congress  shall 
have  power  to  lay  duties  for  revenue  to  pay  the 
debts  and  carry  on  the  government.  Therefore, 
a  revenue  tariff  is  the  limit  of  the  protection 
which  we  can  give.  But  will  not  protection  up 
to  that  limit  enable  you  to  compete  with  the 
North  ?  We  shall  be  obliged  to  have  an  army 
and  a  navy,  and  to  make  them  up  speedily.  The 
army  will,  probably,  be  much  larger  than  the 
ordinary  army  of  the  old  Union — as  it  is  not 
unlikely  that  it  will  have  to  meet  a  much  larger 
army  than  that  army.  Mr.  Stephens,  our  Vice- 
President,  is  reported  in  the  newspapers  as  say 
ing  in  his  address  of  acceptance,  that  a  duty  of 
ten  per  cent  would  probably  be  sufficient.  A 
duty  of  ten  per  cent  on  two  hundred  million 
dollars,  the  amount  of  our  imports,  would  give  a 
revenue  of  twenty  million  dollars.  Would  not 
such  a  duty  afford  Virginia  the  necessary  protec 
tion  ?  I  think  it  would.  Machinery  for  manu 
facturing  purposes  has  been  much  improved,  and 
Virginia  would  start  with  the  latest  improve 
ments.  Your  winters  are  shorter  and  winter 
days  longer  than  those  of  the  North.  You  are 
nearer  to  one  of  the  greatest  of  the  raw  materi 


als—cotton.  Capitalists,  with  their  capital,  their 
skilled  artisans  and  operatives,  their  experience 
and  even  their  machinery,  would  pour  into  your 
State.  But  my  own  opinion  is,  that  the  duties 
will  be  as  high  as  those  imposed  by  the  present 
tariff  of  the  United  States.  One  thing,  however, 
is  certain,  if  the  matter  is  deemed  important  by 
this  Convention,  the  door  to  negotiation  with  us 
is  open.  Our  Constitution  is  only  provisiona. 
and  temporary.  Come  and  take  part  with  us  in 
making  the  permanent  one.  I  feel  sure  that  you 
will  be  able  to  have  inserted  in  it  such  stipula 
tions  as  will  be  satisfactory  to  you.  In  a  word, 
if  Virginia  finds  that  she  requires  a  certain  meas 
ure  of  protection  for  any  of  the  articles  of  her 
manufacture,  let  her  come  in  the  spirit  of  a  sister 
to  our  Congress,  now  sitting  at  Montgomery,  and 
say  so,  and  if  she  does,  I  venture  to  predict  that 
she  will  be  met  in  the  most  yielding  spirit. 

What  would  be  the  value  of  the  manufactures 
to  you  ?  It  would,  for  one  thing,  give  you  the 
command  of  the  "  cotton  trade."  The  North 
with  her  manufactures  buys  our  cotton.  This 
she  takes  to  Europe  and  with  it  buys  European 
manufactures.  These  she  brings  to  New-York, 
Boston,  and  Philadelphia,  and  thence  distributes 
them  to  us,  to  you  and  to  the  whole  continent. 
Thus  it  is  apparent  that  the  whole  depends  on 
the  fact  that  she  has  manufactures — for  without 
manufactures  she  could  not  buy  our  cotton,  and 
without  our  cotton  she  could  not  buy  European 
goods.  She  herself  has  nothing  to  export  but 
ice,  provisions,  when  there  is  a  famine  in  Europe, 
some  cotton  manufactures,  and  California  gold, 
which  latter  California  will,  before  long  export 
for  herself  as  an  independent  power,  and  thus 
save  ten  million  or  twelve  million  dollars  of 
duties  which  she  now  pays  to  the  United  States 
Government  and  to  Northern  manufacturers. 
Thus,  then,  it  is  clear  that  if  Virginia  and  the 
other  Border  States  Mail  take  the  place  of  the 
North  in  manufactures,  they  will  obtain  the  place 
of  the  North  in  the  cotton  trade.  You  want 
direct  trade  with  Europe.  You  have  been  try 
ing  to  get  it  for  years.  Here  it  is.  True  that 
at  first  the  foreign  imports  would  come  directly 
to  more  Southern  ports,  because  at  first  what  the 
South  would  buy  and  consume  would  be  foreign 
goods,  you  having  no  goods  to  sell  her.  But  this 
would  change  in  exact  proportion  to  the  increase 
of  our  consumption  of  your  goods,  as  they  would 
to  that  extent  displace  the  foreign  goods,  and 
give  you  the  money  to  purchase  cotton  with 
which  to  import  directly  to  your  own  ports. 

Thus,  then,  by  manufactures  you  would  have 
the  cotton  trade,  and  have  your  long  desired  di 
rect  trade  with  Europe.  Of  course  you  would, 
also,  by  the  navigation  laws,  have  a  monopoly 
of  the  coasting  trade.  In  short,  manufactures 
would  give  you  an  immense  commerce.  Your 
cities  would  become  the  distributing  points  of 
the  Continent,  and  one  of  them  might  become 
the  Empire  City  of  the  Continent. 

And  what  a  change  would  all  this  make  in 
your  State.  Your  towns  and  cities  would  ex 
pand,  your  counties  would  fill  up,  your  red  hilla 


DOCUMENTS. 


153 


would  recover  their  verdure,  your  railroads  would 
pay  dividends,  your  inexhaustible  mineral  stores 
would  burst  forth,  real  estate  would  rise,  your 
heavy  public  debt  would  cease  to  cost  you  a 
thought. 

This  is  what  you  will  have  if  you  join  us. 
What  will  you  have  if  you  join  the  North?  You 
will  have  the  reverse  of  all  this.  You  will  have 
an  irresistible  competition  in  manufactures,  in 
commerce  and  even  in  agriculture — for  the  rich 
new  lands  of  the  North-west  are  an  overmatch 
for  your  old  lands,  however  skilfully  the  latter 
may  be  managed.  The  very  most  that  you  can 
expect  will  be  that  you  will  hold  your  own. 
There  is  danger  that  you  will  slip  backwards. 

Joining  us  will  be  a  great  gain  to  you  not  only 
in  the  above  respects,  but  also  in  another  import 
ant  respect — it  will  cut  off  that  vast  drain  of 
wealth  which  is  incessantly  going  on  from  the 
South  to  the  North,  under  the  operation  of  par 
tial  laws  and  a  partial  government.  Those  laws 
are  the  tariff  laws,  the  navigation  laws,  the  fish 
ing  bounty  acts,  and  some  others. 

The  effect  of  a  duty  on  an  import,  is  to  raise 
the  price  not  only  of  the  import,  but  also  of  the 
corresponding  domestic  article  to  the  extent  of 
the  duty.  The  average  rate  of  duties  imposed 
by  the  present  tariff  is  nearly  twenty  per  cent 
ad  valorem.  Consequently  we  pay  a  twenty  per 
cent  duty  to  Northern  manufacturers  for  all  of 
their  goods  we  consume.  The  question  then  is 
what  quantity  of  them  do  we  consume.  There 
are  no  statistics  by  which  this  question  can  be 
accurately  answered.  After  giving  it  some  study, 
the  conclusion  to  which  I  have  come  is,  that  the 
South  consumed  during  the  year  ending  on  the 
thirtieth  of  June,  1860,  Northern  goods  to  the 
value  of  from  two  hundred  and  fifty  million  to 
three  hundred  million  dollars.  Mr.  Kettel's  esti 
mate  in  his  Southern  Wealth  and  Northern 
Profits,  makes  the  value  I  believe  three  hundred 
million  dollars,  and  he  is  a  Northern  man,  and 
one  whose  opinions  on  such  subjects  have  been 
received  with  much  respect.  Say  the  value  was 
two  hundred  and  fifty  million  dollars.  Then  the 
drain  from  the  tariff,  alone,  was  the  enormous 
sum  of  fifty  million  dollars. 

The  effect  of  the  monopoly  of  the  coasting 
trade  is  to  drive  off  the  competition  of  the  cheap 
navigation  of  England,  Holland,  and  other  nations 
of  Europe,  and  to  give  the  trade  to  the  North — 
they  having  directly  or  indirectly  nearly  all  of 
the  ships  engaged  in  that  trade.  The  conse 
quence  is,  that  freights  are  enhanced.  And  to 
the  extent  of  that  enhancement  is  the  price  of 
the  goods  brought  to  the  South  coastwise  en 
hanced.  The  value  of  the  goods  thus  brought  must 
be  from  one  hundred  and  fifty  million  to  two 
hundred  million  dollars,  and  the  enhancement  of 
the  price  of  goods  of  that  value  by  the  monopoly 
must  be,  I  suppose,  several  millions  of  dollars. 

The  effect  of  the  monopoly  of  the  indirect  trade 
is  similar  to  that  of  the  monopoly  of  the  coasting 
trade.  The  indirect  trade  last  year  amounted  to 
thirty-six  million  dollars. 

It  is  pretty  safe  to  assume  that  the  South  con 


sumes  about  one  third  of  the  foreign  importa 
tions.  The  value  of  these  importations  con 
sumed  by  her  last  year  was,  on  this  assumption, 
one  hundred  and  six  million  dollars.  Now, 
of  this  amount,  seventy-two  million  dollars 
came  to  the  South,  not  directly  from  Europe,  but 
by  the  way  of  the  North — first  stopping  at  the 
North.  Consequently,  the  cost  of  their  transpor 
tation  from  the  North  to  the  South  was  so  much 
dead  loss  to  the  South — was  a  mere  tribute  to 
the  North.  This  cost  could  hardly  have  been 
less  than  four  million  or  five  million  dollars. 

The  South  is  entitled  to  parol  made  in  her 
midst,  at  least  one  third  of  the  public  expendi 
tures;  whereas,  according  to  the  best  informa 
tion  I  can  obtain,  not  more  than  one  fifth  of 
them  is  so  made.  The  expenditures  last  year 
amounted  to  over  eighty  million  dollars.  The 
difference,  therefore,  between  what  the  South  re 
ceived  and  what  it  was  entitled  to,  was  some  ten 
million  or  fifteen  million  dollars.  The  expendi 
tures  are  annual.  Here,  then,  is  what  is  equiv 
alent  to  a  perpetual  drain  from  the  South  of  the 
difference  between  one  third  and  one  fifth  of  the 
public  expenditures. 

Then  there  are  the  fishing  bounties,  amounting 
to  four  hundred  and  fifty  thousand  dollars  or 
five  hundred  thousand  dollars  a  year,  of  which 
the  share  paid  by  the  South  is  at  least  one 
third. 

Add  to  all  the  vast  sums  spent  at  the  North 
every  year  by  Southern  travellers  and  pleasure- 
seekers.  Mr.  Kettel  estimates  this  sum  at  fifty 
million  dollars.  And  what  does  the  South  get  in 
return  for  this  vast  sum  ?  Little  enough,  to  be 
sure. 

It  is  plain  that  the  annual  drain  of  wealth  from 
the  South  to  the  North  in  all  of  these  ways,  is 
enormous.  But  with  a  separation  of  the  South 
from  the  North,  it  instantly  ceases,  and  turns 
back  upon  the  South  to  enrich  her  manufactures, 
commerce,  and  agriculture,  instead  of  going  to  en 
rich  those  of  her  enemy. 

You,  by  joining  us,  will  get  relief  from  the  part 
of  this  drain  that  flows  out  of  your  State :  by 
joining  the  North,  you  will  be  subject  to  it  for 
ever.  And  I  beg  you  to  remember,  that  this 
drain  will  be  constantly  on  the  increase — as  your 
consumption  of  Northern  goods  will  be  constantly 
on  the  increase — to  say  nothing  of  the  chances  of 
its  enlargement  by  augmentations  of  the  rate  of 
duties  prompted  by  manufacturing  cupidity. 

Joining  us  is  the  best  attainable  remedy  for  the 
fugitive  slave  evil.  All  that  is  left  to  us,  as  a 
remedy  for  that  evil,  is,  it  seems  to  me,  this :  to 
produce  on  this  side  of  the  line  between  us  and 
the  North,  a  state  of  things  that  will  make  it  ex 
tremely  difficult  for  a  slave  to  cross  that  line  with 
out  being  intercepted ;  and  on  the  other  side  of 
the  line  a  state  of  things  that  will  render  the  con 
dition  of  any  slave  who  may  succeed  in  crossing 
it  so  uncomfortable  that  he  will,  of  his  own  ac 
cord,  return  to  his  master.  Statutes — constitu 
tional  provisions,  even — for  the  return  of  fugitives 
are  vain,  so  long  as  there  is  an  overwhelming 
public  opinion  at  the  North  in  favor  of  protecting 


REBELLION  RECORD,  1860-61. 


the  fugitive,  and  maltreating  his  master,  in  spite 
of  law  and  Constitution.  Masters  will  not  even 
pursue  their  slaves  in  the  face  of  the  peril. 

Now,  if  the  slave  States  were  separate  from  the 
North,  the  collection  of  the  revenue  from  customs 
would  require  that  a  string  of  officers  should  be 
stationed  at  short  distances  along  the  whole  bound 
ary  line  between  the  North  and  the  South,  to  col 
lect  the  duties,  and  a  penalty  to  guard  against 
smuggling.  Detachments  of  the  army  would, 
also,  it  is  probable,  be  placed  along  the  same 
line.  These  officers  and  army  detachments  might 
be  charged  with  the  duty  of  intercepting  all  slaves 
attempting  to  escape,  and  of  keeping  watch  for  all 
agents  of  abolition,  and  other  suspicious  persons. 
This  done,  and  but  a  very  few  slaves  would  escape 
—  a  state  of  things  would  be  produced  which 
would  make  escape  extremely  difficult. 

And  if  Virginia  would  join  us,  the  consequence 
would  doubtless  be,  that  in  a  short  time  all  the 
other  Border  States  would  do  the  same  thing,  and 
then  this  measure  could  be  adopted. 

And  further  —  if  the  North  and  South  were 
separate,  the  interest  which  the  North  feels  in  the 
fugitive  slave  would  soon  die  out.  After  a  while, 
it  would  come  to  pass  that  she  would  regard  him 
merely  as  another  unit  added  to  the  despised 
class  of  free  negroes  already  in  her  midst — a  class 
which  she  now  wishes  to  be  rid  of  on  almost  any 
terms  —  a  class  which  some  of  her  States  have 
already  ruthlessly  expelled  from  their  borders. 
Instead,  therefore,  of  aiding  him  and  making  him 
comfortable,  as  she  does  now,  she  would  turn  the 
back  of  her  hand  to  him,  and  tell  him  to  shift  for 
himself;  and  that  would  be  a  sentence  to  hunger, 
and  cold,  and  nakedness,  and  houselessness,  and 
scorn.  Free  negroes  at  the  North  are  excluded  by 
their  competing  white  brethren  from  all  respectable 
or  lucrative  employments,  as  well  as  from  all  social 
contact.  Hence,  their  condition  is  most  miserable. 
And  a  newly  arrived  fugitive  slave,  with  his  igno 
rance,  inexperience,  and  want  of  acquaintances, 
would  be  the  most  wretched  of  any  of  the  class, 
His-  condition  would  become  intolerable  to  him, 
and  he  would  sigh  for  the  plentiful  bread  and 
"  hog  meat,"  the  jolly  companions,  and  the  mas 
ter  and  mistress  bound  to  care  for  him  in  sickness 
and  in  health,  that  he  left  behind  him,  and  soon 
he  would  say,  differing  from  the  Roman — rather 


Than 


"  A  whole  eternity  of  bondage,' 
"  One  hour  of  virtuous  liberty.' 


The  upshot  would  be,  that  he  would  of  his  own 
accord  return  to  his  old  home. 

Thus  it  appears  that  a  separation  from  the  North 
is  the  measure  to  produce  the  two  states  of  things 
which  constitute  the  best  attainable  remedy  for 
the  fugitive  slave  evil. 

And  such  separation  is  the  best,  if  not  the  only 
remedy,  for  the  territory  evil.  If  you  stay  in  the 
Union,  you  wrill  never  get  a  single  foot  of  the  pub 
lic  land.  The  Homestead  policy  with  Squatter 
Sovereignty,  or  else  with  the  Wilmot  Proviso, 
aided,  if  need  be,  by  Emigrant  Aid  Societies  and 
Sharp's  rifles,  will  give  all  of  the  public  lands  to 


the  North.  In  the  face  of  these  dangers,  no  slave 
will  ever  enter  any  of  the  public  territory. 

Even  if  in  a  panic  the  North  were  to  agree  to 
divide  with  you  the  territory,  giving  you  all  be 
low  a  named  line,  you  would  practically  get 
nothing.  Slavery  would  be  afraid  of  the  North, 
notwithstanding  its  promises,  and  it  would  shrink 
from  encountering  the  perils  of  a  residence  in  any 
territory.  In  the  Union,  then,  the  territories  are 
wholly  lost  to  you.  But  suppose  you  leave  tho 
Union  and  join  us,  to  be  followed,  as  you  soon 
will  be,  by  the  other  border  slave  States,  will 
not  your  chances  for  your  share  of  the  public 
lands  be  greatly  increased  ?  I  think  so.  If  all  the 
slave  States  act  in  concert  and  demand  of  the  North 
their  part  of  the  public  lands,  the  demand  will  be 
conceded — because  the  demand  will  be  just,  and 
will  be  one  made  by  a  power  able  to  enforce  it. 
And  when  you  have  in  this  way  obtained  your 
part  of  the  lands,  it  will  be  yours  indeed — for  it 
will  be  wholly  in  your  own  power. 

Thus,  then,  if  you  join  us,  you  have  manufac 
tures,  commerce,  and  agriculture  ;  you  have  ex 
emption  from  that  vast  drain  of  your  wealth  from 
you  to  the  North,  your  deadly  enemy  ;  you  have 
the  best  remedy  for  your  fugitive  slave  disease ; 
and  the  best  for  your  territorial  disease.  And 
that  is  not  all,  you  have  all  these  things  in  peace, 
so  that  you  will  have  nothing  to  do  but  to  sit 
down  and  enjoy  them.  Cotton  is  peace.  Great 
Britain  cannot  do  without  cotton.  France  and 
Germany  hardly  can,  and  if  any  one  of  them 
should  be  at  war  with  us,  neither  it  nor  the 
others  could  have  our  cotton.  Hence  peace  with 
us  is  a  necessity.  Cotton  holds  the  nations  under 
bonds  to  keep  the  peace.  But  if  you  join  the 
North,  you  stand  still,  if  not  retrograde  in  manu 
factures,  in  commerce,  and  in  agriculture;  you 
continue  subject  to  that  ceaseless  and  ever-increas 
ing  drain  of  your  wealth  to  'the  North ;  you  ag* 
gravate  the  fugitive  slave  disease,  and  the  terri 
torial  disease ;  and  you  expose  yourselves  to 
greatly  increased  chances  of  war,  for  the  North 
and  the  war-like  nations  of  Europe  will  be  fierce 
rivals  in  every  branch  of  business,  and  rivalry 
produces  collision,  and  collision  war.  Already 
there  are  several  promising  causes  of  quarrel  with 
Great  Britain.  There  is  the  San  Juan  question, 
the  Central-American  question ;  and  the  Canadian 
question,  for  the  North  is  even  now  making  over 
tures  to  Canada  for  annexation  ;  and  those  over 
tures  seem  to  be  too  well  received  to  please  the 
mother  country.  I  ask,  then,  is  it  not  true  that 
your  material  interest  wrould  be  greatly  promoted 
by  a  union  with  the  seceding  States  ? 

The  same  is  true  of  your  social  and  religious 
interests.  With  us,  you  will  have  concord  on 
the  slavery  question,  and  fellowship  in  the  pulpit 
and  at  the  communion-table ;  and  you  will  have 
manners,  morals,  habits  and  defects  like  your 
own.  With  the  North  you  will  have  increased 
discord  on  the  slavery  question ;  you  will  be  re 
pelled  from  pulpit  and  communion-table  as  being, 
by  countenancing  slavery,  as  foul  as  Brigham 
Young  or  any  other  polygamist,  and  you  will  be 
placed  in  closer  contact  than  you  are  now  with 


DOCUMENTS. 


155 


morals,  manners,  habits,  and  vices  that  are  not 
your  own.  If  you  join  us,  then,  you  consult 
your  social  and  religious  good. 

Equally  will  you  consult  your  political  good. 
If  you  join  us,  the  other  Border  States  will  soon 
follow  your  example ;  and  then  our  confederacy 
will  have  an  area  of  eight  hundred  and  fifty  thou 
sand  square  miles  of  the  best  territory  under  the 
sun — the  best  in  climate,  the  best  in  soil,  the  best 
in  productions,  including  men — the  best  for  facili 
ties  of  intercommunication,  the  best  rounded  off 
and  most  compact,  the  best  in  unity  of  race  and 
interest  —  a  territory  of  imperial  dimensions,  it 
being  larger  than  Great  Britain,  France,  Spain, 
Italy,  and  Austria  combined  —  countries  which 
have  a  population  of  one  hundred  and  thirty  or 
forty  millions.  This  territory  will  have  many 
advantages  over  that  of  the  North.  The  latter 
will  soon  fly  into  fragments.  First  will  fly  off 
California,  with  the  Pacific  regions.  It  is  already 
her  interest  to  go.  With  her  gold  exports  of 
fifty  million  dollars,  she  must  receive  fifty  million 
dollars  of  imports,  from  which,  by  a  duty  of 
twenty  per  cent,  she  could,  if  independent,  raise 
a  revenue  of  ten  million  dollars,  which  would  be 
for  her  own  treasury,  instead  of  being,  as  now, 
for  a  treasury  six  or  seven  thousand  miles  dis 
tant,  and  which  would  soon  build  up  her  manu 
factures,  commerce,  and  agriculture,  and  put  her 
In  a  condition  to  enter  the  contest  for  the  great 
trade  of  Asia  and  the  Pacific.  And  there  is  evi 
dence  that  she  is  now  contemplating  with  much 
complacency  a  measure  calculated  to  produce 
these  results.  The  central  regions  between  the 
Pacific  region  and  the  North-wrestern  States,  are, 
for  the  most  part,  a  vast  desert,  repellent  to  man. 
The  remainder  of  the  area  of  the  North  may 
amount  to  six  or  seven  hundred  thousand  square 
miles,  consisting  of  States  lying  in  a  long  strag 
gling  line,  beginning  on  the  Atlantic  —  a  line 
almost  severed  by  the  wedge  which  Virginia  has 
driven  between  Pennsylvania  and  Ohio,  and 
which,  by  a  little  more  driving,  will  make  the 
severance  complete  —  States  having  an  eastern 
section  which  is  commercial  and  manufacturing, 
and  a  western  one  which  is  agricultural,  and 
therefore  States  between  whose  sections  there 
will  be  perpetual  and  ever-increasing  discord  on 
the  great  questions  of  taxation,  expenditure  and 
incumbency  of  office,  to  end  in  disruption. 
Thus,  then,  the  comparison  is  greatly  in  favor  of 
our  territory.  Indeed,  there  is  at  the  North  not 
only  this  danger  of  disruption  of  sections  and 
States,  but  there  is  also  danger  that  society  itself 
will  be  convulsed.  A  feeling  that  those  who  do 
not  own  property  have  the  right  by  the  ballot- 
box  to  make  a  living  out  of  those  who  do,  has 
sunk  deep  into  society  at  the  North.  Hence 
politics  has  become  one  of  the  trades,  in  which 
the  commodities  dealt  in  are  offices,  contracts, 
jobs,  the  public  money,  and  the  public  securities. 
The  amount  of  taxes  to  be  raised  in  New- York 
City  alone  this  year  is  to  be  from  eleven  million 
to  twelve  million  dollars.  There  is  a  limit  be 
yond  which  property  will  not  submit  to  system 
atic  plunder.  That  limit  will  before  long  be  at 


tained  at  the  North  ;  and  when  it  shall  have  been 
attained,  property  there  will  combine  and  seek 
safety  in  revolution  and  new  political  arrange 
ments. 

Whilst  the  territory  of  *he  North  is  thus  break 
ing  into  fragments,  and  its  people  fighting  among 
themselves,  the  territory  of  the  South  will  have 
nothing  to  do  but  to  look  on  and  grow  at  its 
leisure,  like  a  great  oak  fed  on  nature's  fertilities. 
If  it  shall  desire  additional  teiritory,  additional 
territory  will  spontaneously  come  to  it ;  for  an 
archy  will  soon  reign  in  all  the  territory  round 
about,  and  every  people  is  glad  to  escape  from 
anarchy  to  law  and  order. 

Again,  if  you  join  us,  you  will  be  at  the  head 
of  a  great  confederacy.  You  will  direct  its  policy. 
Honors  will  wait  on  your  great  men.  If  you  join 
the  North,  Virginia  will  become — I  will  no«,  say 
the  tail  of  a  Northern  confederacy,  because  Vir 
ginia  could  not  become  the  tail  of  anything — but 
I  will  say,  a  State  degraded  far  below  her  present 
position.  She  has  now  Mr.  Lincoln  for  President. 
The  next  time  she  will  have  some  Mr.  Suinner, 
and  the  chances  are  that  before  the  process  ends, 
she  will  see  thrust  upon  her,  her  own  fugitive 
slave,  Fred.  Douglas,  to  make  her  humiliation 
complete.  May  I  not  say,  in  the  name  of  Virginia, 
rather  than  that,  "war,  pestilence  and  famine"? 

Thus,  then,  it  appears,  that  y>ur  political  as 
well  as  your  material,  social  and  religious  inter 
ests,  will  be  greatly  promoted  by  your  joining  us, 
rather  than  the  North.  We  offer  you  riches,  and 
peace,  and  brotherhood,  and  glory,  and  length  of 
days  —  the  North  has  nothing  to  offer  you  but 
poverty,  and  war,  and  hatred,  and  ignominy,  and 
speedy  dissolution.  WThy,  then,  will  you  not 
come  with  us?  What  objections  can  you  have? 
That  the  African  slave-trade  will  be  opened? 
There  is  no  danger  of  that.  Already,  Georgia  has 
unanimously  declared  against  that  trade.  Two 
or  three  of  the  other  seceding  States  have  done 
the  same  thing.  The  Congress  at  Montgomery 
have  forbidden  it  by  a  constitutional  provision. 
Above  all,  our  highest  interest  is  opposed  to  the 
reopening  of  that  trade,  for  were  it  once  reopened, 
were  the  barriers  once  broken  down,  such  a 
mighty  current  would  rush  in  from  Africa,  that 
our  white  race  would  be  overwhelmed  in  the  vast 
black  pool.  There  is  no  danger  of  the  reopening 
of  the  African  slave-trade.  But  if  you  think  oth 
erwise,  go  down  to  Montgomery,  and  ask  for  a 
stipulation  against  it,  and  my  word  for  it,  your 
request  will  be  granted. 

Another  objection,  I  have  sometimes  heard 
mentioned,  is,  that  there  is  a  threat  to  Virginia, 
in  a  clause  of  the  new  constitution,  made  at 
Montgomery,  viz.,  the  clause  by  which  power  is 
granted  to  prohibit  the  inter-State  slave-trade.  I 
deny  that  there  is  any  such  threat  in  that  clause. 
Its  object  was  not  to  threaten  you,  but  to  save 
ourselves.  If  you  should  join  the  North,  the 
mere  instinct  of  self-preservation  dictates  that  we 
ought  to  do  all  in  our  power  to  keep  you  a  slave 
State  as  long  as  possible.  And  the  best  way  to 
do  that  would  be  to  prevent  your  citizens  from 
selling  their  slaves  to  ours.  And,  I  have  no 


156 


REBELLION   RECORD,  1860-61. 


doubt,  that  they  would  be  prevented  from  doing 
so.  But  there  is  no  more  reason  for  construing  a 
power  to  authorize  such  prevention  into  a  threat, 
than  there  is  for  construing  the  power  to  tax  im 
ports  into  a  threat.  If  you  join  the  North,  is  it 
not  to  be  expected  that  your  products,  coming  into 
our  ports,  will,  like  the  products  of  the  North, 
be  subjected  to  taxation  ?  Join  us,  and  these 
clauses  will  all  become  harmless  to  you,  for  cer 
tainly  in  that  case  we  would  not  have  the  will  to 
use  them  against  you,  and  if  we  would,  we  should 
not  have  the  power,  for  you,  with  the  other  Bor 
der  States  that  will  go  with  you,  will  be  eight  mil 
lions  of  people,  whilst  we  shall  be  but  five  millions. 

Another  objection  I  have  heard  spoken  of  is, 
that  the  Cotton  States  were  disrespectful  to  the 
Border  States,  in  not  inviting  the  latter  to  a  con 
ference  or  convention  before  they  seceded.  But 
there  was  no  concert  at  all  in  secession  among 
the  Cotton  States  themselves.  Each  acted  for 
itself,  and  by  itself.  Consequently,  they  as  much 
slighted  each  other  as  they  did  the  Border  States. 
But  the  reason  why  the  Cotton  States  acted  thus, 
was,  that  they  could  not  afford  the  delay  neces 
sary  for  assembling  a  general  convention.  They 
felt  that  it  was  necessary  for  them  to  be  prepared 
against  Mr.  Lincoln  and  the  Republican  party  by 
the  time  of  their  accession  to  power — that  is,  by 
the  fourth  of  next  March.  This  they  could  not  be, 
if  they  waited  for  a  general  convention  of  the  slave 
States.  The  great  day  is  almost  here,  and  yet 
but  one  of  the  Border  States — this  State — has  as 
sembled  a  convention ;  nor  is  there  a  prospect 
for  any  convention  in  any  other  Border  State, 
except  North  -  Carolina,  and  her  Convention,  if 
ordered,  is  not  to  meet  until  the  eleventh  of 
March.  Thus,  then,  it  appears  that  if  the  Cotton 
States  had  called  a  general  convention  of  the 
slave  States,  the  call  would  have  been  disregard 
ed  by  five  sevenths  of  the  Border  States,  or  at 
least  would  not  have  been  responded  to  until  it 
was  too  late  —  until  an  insuperable  advantage 
over  us  would  have  been  obtained  by  the  hostile 
President  and  party  in  power. 

What  objection,  then,  can  you  have  to  joining 
us,  and  going  with  your  interest,  in  preference  to 
joining  the  North  and  going  against  your  interest  ? 
You  can  have  none,  as  far  as  I  can  see.  Why, 
then,  will  you  not  join  us  ? 

Gentlemen,  I  beg  to  assure  you,  that  if  I  have 
been  urgent  upon  you  to  join  us  rather  than  join 
the  North,  the  reason  has  been  a  conviction  that 
such  a  union  would  be  mutually  advantageous, 
not  an  apprehension  that  we  are  unable,  without 
assistance,  to  maintain  ourselves  against  all  com 
ers.  No.  We  are  five  millions,  with  arms  in 
our  hands,  and  all  of  one  mind ;  we  have  a  per 
fect  organization ;  we  possess,  we  think,  the 
means  of  advantageous  arrangements  with  foreign 
powers.  Above  all,  we  have  a  cause — the  cause 
of  honor,  and  liberty,  and  property,  and  self- 
preservation.  Sir,  in  such  a  cause,  cowards  will 
oecome  men,  men  heroes,  and  heroes  gods. 

Permit  me  to  assure  you  of  another  thing,  and 
that  is,  that  if  you  reject  us,  we  shall  take  it 
more  in  sorrow  than  in  anger.  It  is  yours  fo  de 


cide,  and  ours  to  accept  your  decision.  A  Great 
er  than  we  once  came  to  his  own,  and  hrs  own 
received  him  not ;  but  then  the  Gentiles  received 
him,  and  he  became  a  great  light,  which  now 
illumines  the  world. 

I  beg  leave  now,  sir,  to  present  to  you,  for  the 
Convention,  the  ordinance  of  secession  of  Georgia, 
(handing  the  ordinance  to  the  President,)  and 
most  respectfully  but  earnestly  to  invite  Virginia, 
through  the  Convention,  to  join  Georgia  and  the 
other  seceding  States  in  the  formation  of  a  new 
confederacy. 

In  conclusion,  sir,  permit  me  to  say,  that  the 
parent  respect  with  which  the  Convention  has 
received  this  long  address,  has  made  a  deep  im 
pression  on  my  heart. 

ADDRESS  OP  JOHN  S.  PRESTON,  OF  SOUTH-CAROLINA. 

MR.  PRESIDENT  AND  GENTLEMEN  OF  VIRGINIA  :  I 
have  the  honor  to  present  to  you  my  credentials 
as  Commissioner  from  the  government  of  South- 
Carolina  to  the  Convention  of  the  people  of  Vir 
ginia.  On  these  credentials  being  duly  received 
by  you,  I  am  instructed  by  my  government  to  lay 
before  you  the  causes  which  induced  the  State  of 
South  -  Carolina  to  withdraw  from  the  United 
States,  and  resume  the  powers  heretofore  delegat 
ed  by  her  to  the  Government  of  the  United  States 
of  America. 

In  performing  this  duty,  I  desire  to  announce 
to  you  that  it  is  no  part  of  my  purpose,  nor  is  it 
the  wish  of  my  government,  that  I  should  make 
an  argument  before  you  in  proof  of  the  right  of 
secession.  My  government  has  assumed  that 
right  in  her  sovereign  capacity,  and  my  ministry 
here  is  to  recite  the  causes  which  that  govern 
ment  has  deemed  sufficient  to  enforce  upon  her 
the  necessity  of  exercising  that  right. 

It  will  be  sufficient  for  me  to  recall  to  your  con 
sideration  a  few  historical  facts,  bearing  upon  the 
relations  of  the  States  composing  the  late  American 
Confederation.  You  will  remember  that  the  Ameri 
can  Colonies  of  Great  Britain,  save  by  contiguity 
of  territory,  had  no  nearer  community  of  govern 
ment  than  they  had  with  the  colonies  of  the  East-In 
dies.  They  were  united  in  the  crown  of  Great  Bri 
tain,  and  when  that  union  was  dissolved,  each  colo 
ny  was  remitted  to  its  own  ministry,  as  completely 
as  if  they  were  in  different  regions  of  the  empire. 
Being  adjacent,  and  having  identical  grievances, 
they  met  and  consulted,  at  different  times  and  pla 
ces,  in  various  forms  of  convention,  but  generally  in 
Congress,  as  of  acknowledged,  independent  pow 
ers.  They  began  the  war  with  the  mother  coun 
try —  each  colony  for  itself — and  the  battles  of 
Lexington  and  Bunker  Hill,  in  Massachusetts, 
and  of  Fort  Moultrie,  in  South-Carolina,  and  the 
burning  of  Norfolk,  in  Virginia,  preceded  the 
declaration  of  the  Fourth  of  July,  1776.  The  col 
onies  then  in  Congress,  on  that  day,  declared 
themselves  free  and  independent  States,  and  pro 
ceeded  to  act  as  such  in  forming  alliances  with 
each  other  for  their  common  defence  against  tho 
power  from  which  they  had  absolved  themselves. 
They  also  instantly  and  severally  began  to  form 
independent  civil  organizations.  When  these  were 


DOCUMENTS. 


157 


completed  as  efficiently  as  circumstances  would 
allow,  and  manifested  by  their  separate  contri 
butions  to  the  common  cause,  as  sovereign  and 
independent  powers,  they  formed  a  compact,  in 
which  this  sovereignty  and  independence  were 
expressly  declared.  As  you  may  remember,  gen 
tlemen — for  I  am  now  reciting  what  is  present  to 
•your  memory,  with  a  view  to  bring  it  to  your 
consideration,  trusting,  as  I  may  recite  it,  you 
will  discover  what  has  been  certainly  running 
through  the  minds  of  my  people  for  years  past — 
finding  that,  individually,  they  could  not  carry  on 
this  contest  for  independence  and  sovereignty, 
they  united  in  certain  articles  which  are  known  as 
the  Articles  of  Confederation.  In  these  articles 
there  is  the  reiteration  of  the  original  declaration 
of  the  sovereignty  and  independence  of  the  par 
ties  to  it.  All  rights,  all  powers,  all  jurisdiction, 
therein  delegated,  produce  no  limitation  upon  the 
ultimate  and  discretionary  sovereignty  of  the  par- 
tics  to  it.  In  the  subsequent  treaty  with  Great 
Britain,  that  government  recognised  the  agency 
of  the  Confederation,  but  acknowledged  the 
States — severally,  by  name — as  sovereign  and  in 
dependent  States.  Four  years  later,  the  sovereign 
parties  became  dissatisfied  with  this  league,  on 
account  of  alleged  inefficiency  in  regard  to  inter 
ests  which  were  common  and  identical.  The 
States  virtually  resumed  their  original  status  of 
segregation,  and  the  remedies  proposed  for  the  in 
efficiency  of  the  Articles  of  Confederation  re 
sulted  in  the  new  compact,  under  the  name  of  the 
Constitution  of  the  United  States  and  the  Amend 
ments  thereto,  proposed  by  the  States  individual 
ly.  In  this  instrument  there  is  not  one  word  or 
phrase  capable  of  being  construed  into  a  lapse  or 
prescription  of  the  sovereignty  and  independence 
of  the  contracting  powers.  On  the  contrary, 
there  is  an  express,  pervading,  and  emphatic  re 
servation  of  all  powers  not  expressly  granted. 
The  whole  spirit  and  genius  of  that  Constitution 
recognises  the  sovereignty  of  the  States,  and  its 
own  mere  agency  in  the  exercise  of  deputed  and 
limited  functions.  The  States — separately,  indi 
vidually,  independently  —  with  various  reserva 
tions,  and  at  different  periods  of  time,  consented 
to  this  contract.  Nothing  legitimate  has  since  oc 
curred  to  change  their  relations  to  each  other  un 
der  this  contract.  On  the  contrary,  the  contempo 
raneous  and  juxta-contemporaneous  construction, 
especially  that  of  Virginia,  by  Mr.  Madison,  char 
acterised  by  your  distinguished  President  the 
chief  framer  of  the  Constitution,  declares  that 
"  the  Constitution  of  the  United  States  was  form 
ed  by  the  sanction  of  the  States,  given  by  each 

in  its  sovereign  capacity The 

States,  then,  being  the  parties  to  the  constitution 
al  compact,  and  in  their  sovereign  capacity,  it  fol 
lows,  of  necessity,  that  there  can  be  no  tribunal 
above  their  authority,  to  decide  in  the  last  resort, 
whether  the  compact  made  by  them  be  violated ; 
and,  consequently,  as  parties  to  it,  they  must 
themselves  decide,  in  the  last  resort,  such  ques 
tions  as  may  be  of  sufficient  magnitude  to  require 
their  interposition."  By  questions  of  "sufficient 
magnitude,"  the  interpreter  means  those  ques- 
SUP.  Doc.  10. 


tions  which  involve  the  prerogative  of  that  sover 
eignty  itself,  and  those  which  are  of  sufficient 
magnitude  to  require  its  interposition,  and  sucn 
as  are  of  themselves  dangerous  to  the  great  pur 
poses  for  which  the  Constitution  was  established; 
and  among  these  great  purposes  we  know  there 
is  expressed  those  of  justice,  right,  equality,  gen 
eral  welfare,  and  the  blessings  of  liberty  to  us 
and  our  posterity. 

On  this  relation  of  the  States  to  each  other,  and 
to  the  Confederation  formed  by  them,  the  people 
of  South-Carolina,  then,  assume  that  their  sover 
eignty  has  never  been  divided,  that  it  has  never 
been  alienated,  and  that  it  is  imprescriptible ; 
that  it  has  not  been  impaired  by  the  fact  that  they 
have  voluntarily  refrained  from  the  exercise  of 
certain  specified  functions  ;  and  that  it  may  be 
exercised  at  their  will  through  their  own  estab 
lished  forms.  They,  therefore,  contend,  that  in 
the  exercise  of  their  unrestricted  sovereignty, 
and  on  the  great  principle  of  the  right  of  a  sover 
eign  State  to  govern  itself,  even  when  it  involves 
the  destruction  of  a  compact  which  has  been  vi 
tiated  so  as  to  become  an  imminent  danger — they 
have  the  right  to  abrogate  that  compact,  so  far  as 
concerns  themselves,  because  it  is  dangerous  to 
their  happiness,  liberty,  and  safety. 

Having  ventured  to  present  these  facts  and 
principles  to  your  consideration,  I  will  proceed  to 
state  the  more  prominent  and  immediate  causes 
which  have  induced  South-Carolina  to  abrogate  her 
consent  to  the  Constitution  of  the  United'States. 

As  preliminary  to  this  statement,  I  would  say 
that  as  early  as  the  year  1820,  the  manifest  ten 
dency  of  the  legislation  of  the  General  Govern 
ment  was  to  restrict  the  territorial  expansion  of 
the  slaveholding  States.  That  is  very  evident 
in  all  the  contests  of  that  period ;  and  had  they 
been  successful  to  the  extent  that  some  hoped, 
even  then  the  lirre  that  cut  off  the  purchase  from 
France,  might  have  been  projected  eastward  to 
the  bottom  of  the  Chesapeake,  and  sent  Virginia 
and  half  of  Tennessee  and  all  of  Kentucky,  (Vir 
ginia  proper,)  after  she  had  given  to  non-slavery 
her  North-western  empire,  to  the  non-slavery 
section.  That  might  be  the  line.  The  policy, 
however,  has  been  pushed  so  far  as  to  deprive 
this  Southern  section  of  that  line  of  at  least  seven 
tenths  of  the  acquisitions  of  the  Government. 
Besides  this,  I  would  state,  as  preliminary,  that  a 
large  portion  of  the  revenue  of  the  Government  of 
the  United  States  has  always  been  drawn  from 
duties  on  imports.  Now,  the  products  that  have 
been  necessary  to  purchase  these  imports  were  at 
one  time,  almost  exclusively,  and  have  always 
mainly  been,  the  result  of  slave  labor ;  and,  there 
fore,  the  burden  of  the  revenue  duties  upon  im 
ports  purchased  by  these  exports,  must  fall  upon 
the  producer,  who  happens,  in  this  case,  also  to 
be  the  consumer  of  the  imports. 

In  addition  to  this,  it  may  be  stated,  that  at  a 
very  early  period  of  the  existence  of  this  Govern 
ment,  the  Northern  people,  from  a  variety  of 
causes,  entered  upon  the  industries  of  manufac 
ture  and  of  commerce,  but  of  agriculture  scarcely 
to  the  extent  of  self-support.  This  may  havo 


158 


REBELLION   RECORD,  1860-61. 


arisen  from  a  variety  of  causes :  among  them,  per 
haps,  an  uncongenial  climate,  a  barren  soil,  but  a 
sea-coast  adapted  to  commerce,  besides  an  inher 
ent  tendency  upon  the  part  of  the  people  of  these 
latitudes  to  the  arts  of  manucraft  and  traffic ;  and 
while,  therefore,  it  was  important  that  all  the 
sources  of  the  revenue  should  be  kept  up  to  meet 
the  increasing  expenses  of  the  Government,  it  also 
manifestly  became  of  great  importance  that  these 
articles  of  manufacture  in  which  they  have  been 
engaged,  should  be  subject  to  the  purchase  of 
their  confederates.  They,  therefore,  invented  a 
system  of  duties,  partial  and  discriminating,  by 
which  the  whole  burden  of  the  revenue  fell  upon 
those  who  produced  the  articles  of  export  which 
purchased  the  articles  of  import,  and  which  arti 
cles  of  import  were  consumed  mainly,  or  to  a 
great  extent,  by  those  who  produced  the  exports. 

The  State  of  South-Carolina,  being  at  the  time 
one  of  the  largest  exporters  and  consumers  of  im 
ports,  was  so  oppressed  by  the  operations  of  this 
system  upon  her,  that  she  was  driven  to  the  ne 
cessity  of  interposing  her  sovereign  reservation  to 
arrest  it,  so  far  as  she  was  concerned.  This  in 
terposition,  together  with  the  rapid  spread  of  the 
principle  of  free  trade  all  over  the  world,  did  ar 
rest  the  iniquity  in  the  shape  in  wThich  it  wras 
then  presented.  It  could  no  longer  be  the  avowed 
policy  of  the  Government  to  tax  one  section  for 
the  purpose  of  building  up  another.  But  so  suc 
cessful  had  been  the  system — to  such  an  extent 
had  it  already,  in  a  few  years,  been  pushed ;  so 
vast  had  been  its  accumulations  of  capital ;  so 
vastly  had  it  been  diffused  throughout  its  ramifi 
cations — as  seemingly  to  interweave  the  indus 
tries  of  the  sections  almost  into  the  life  of  each 
other.  As  mechanics,  manufacturers,  shippers, 
merchants,  bankers,  and  in  all  the  intermediary 
pursuits,  the  Northern  people  seem  to  have  be 
come  almost  necessary  to  the  maintenance  of  the 
industry  of  the  South.  In  these  relations  they 
had  crept  into  every  crevice  of  an  affluent  and 
loose  economy,  and  made  themselves  so  conve 
nient  to  it,  that  we  began  to  think  them  vital  to 
it;  and  they  grew  so  great  and  waxed  so  strong,  as 
they  fed  and  fattened  on  this  sweating  giant  of  the 
South,  that,  with  the  insolence  natural  to  sudden 
and  bloated  power,  they  began  to  claim  that  the 
laboring  monster  was  created  for  their  tributary. 

They  have  drawn  from  us  subsidies  which 
might  have  glutted  the  avarice  of  a  Roman  pro 
consul — which  in  one  quarter  of  a  century  have 
builded  up  countless  cities,  rivalling  in  wealth 
the  richest  marts  of  the  old  world,  and  burden 
ing  every  sea  with  their  commerce,  and  which 
have  covered  their  granite  soil  with  palaces  and 
smiling  gardens ;  and  yet,  strange,  anomalous  as 
it  may  appear,  it  is  nevertheless  literally  true, 
that  while  they  were  thus  gathering  all  their 
wealth  and  power  from  this  source,  step  by  step, 
latwt  cum  latere,  with  this  aggregation  there  wras 
growing  up  a  determined  purpose  to  destroy  these 
sources  of  their  power  and  grandeur.  I  pretend 
not  to  explain  it.  I  relate  it  as  history.  This, 
gentlemen,  brings  me  to  the  proximate  causes 
which  it  is  my  mission  to  lay  before  you. 


For  nearly  thirty  years  the  people  of  the 
slaveholding  States  have  assailed  the  institution 
of  African  slavery,  in  every  form  in  which  our 
political  connection  with  them  permitted  them  to 
approach  it.  During  all  that  period  large  masses 
of  their  people,  with  a  persistent  fury,  maddened 
by  the  intoxication  of  the  wildest  fanaticism,  have 
associated  with  the  avowed  purpose  of  effecting 
the  abolition  of  slavery  by  the  most  fearful  means 
which  can  be  suggested  to  a  subject  race :  arson 
and  murder  are  the  charities  of  their  programme. 

1.  The  representatives  of  these  people  in  the 
Federal  Legislature,  acting  on  the  same  ultimate 
idea,  have  endeavored  to  shape  the  legislation  of 
the  Government  so  as  to  deprive  the  slave  States 
of  political  equality,  by  excluding  them  from  all 
interest  in  the  territorial  accretions  of  the  Govern 
ment     They  have  succeeded  to  the  full  extent, 
and  have  decreed  that  there   shall  be  no  more 
slave  States  admitted  to  the  Union. 

2.  A  majority  of  the  non-slaveholding  States 
have  not  only  refused  to  carry  out  the  provisions 
of  the  Constitution  and  laws  to  protect  slave  pro 
perty,  but  have  made  stringent  laws  to  prevent 
the  execution  of  those  provisions. 

3.  Eight  of  those  States  have  made  it  a  crimi 
nal  offence  to  execute  the  plainest  provisions  of 
the  Constitution,  which  give  protection  to  a  pro 
perty  furnishing  two  hundred  and  fifty  million 
dollars   annually   to  the  commerce  of  the  coun 
try,  and  on  which  rests  the  entire  order  of  civili 
zation  of  twelve  millions  of  people.     In  not  one 
of  the  seventeen  non-slaveholding  States   can  a 
citizen  of  a  slave  State  claim  protection  for  his 
main  property,  and  the  person  of  the  citizen  in 
numerous  cases  has  been  violated,  and  in  many 
of  these  cases  the  violence  has  resulted  in  murder. 

4.  The  citizens  of  not  less  than  five  non-slave- 
holding  States  have  invaded  a  slaveholding  State, 
and  proclaimed  the  annihilation  of  its  people  by 
servile  insurrection  ;  two  of  these  States  have  re 
fused  to  surrender  the  felons  engaged  in  this  in  • 
vasion  ;  and  one  of  these  States — that  State  which 
claims  the  most  advanced  civilisation  and  refine 
ment,  which  claims  to  represent  before  the  world 
American  sentiment  and  American  principles — by 
the  most  solemn  decree,  through  its  highest  con 
stituted  authority,  has  approved  of  that  invasion  ; 
and  large  bodies  of  people,  throughout  the  whole 
of  the  non-slaveholding  States,  have  made  votive 
offerings  to  the  memory  of  John  Brown  and  his 
associates. 

5.  The  most   populous,  and  by  far  the  most 
potent,  of  the  Confederates,  has  proclaimed,  for 
years,  through  its  representatives  in  the  Federal 
Senate,    that   it   is   a   conflict  of  life  and  death 
between    slavery   and  anti-slavery.     This  is  the 
solemn  decree,  through  its  constituted  forms,  of 
a  State  containing  near  three  millions  of  people, 
who  conduct  four  fifths  of  the  commerce  of  the 
republic.     Additional  millions  of  people,  making 
majorities   in   all   the   States,  and   many  of  the 
States  by  legislative  action,  have  declared,   that 
the  institution  of  slavery  as  it  exists  in  the  South 
ern  States  is  an  offence  to  God,  and,  therefore, 
they  are  bound  by  the  most  sacred  duty  of  man 


DOCUMENTS. 


159 


to  exterminate  that  institution  ;  they  have  declared 
and  acted  upon  the  declaration,  that  the  existence 
of  slavery  in  the  Southern  States  is  an  offence 
and  a  danger  to  the  social  institutions  of  the 
Northern  States,  and,  therefore,  they  are  bound 
by  the  instinct  of  moral  right  and  of  self-preser 
vation  to  exterminate  slavery. 

Finally :  Impelled  by  these  sacred  duties  to 
God  and  their  consciences,  and  by  the  scarcely 
less  binding  impulses  of  self-protection,  after  years 
of  earnest  labor  and  devotion  to  the  purpose,  they 
have  succeeded,  by  large  majorities  in  all  the  non- 
slaveholding  States,  in  placing  the  entire  execu 
tive  power  of  the  Federal  Government  in  the 
hands  of  those  who  are  pledged,  by  their  obliga 
tions  to  God,  by  their  obligations  to  the  social 
institutions  of  man,  by  their  obligation  of  self- 
preservation,  to  place  the  institution  of  slavery 
in  a  course  of  certain  and  final  extinction. 

That  is,  twenty  millions  of  people,  holding  one 
of  the  strongest  governments  on  earth,  are  im 
pelled,  by  a  perfect  recognition  of  the  most  sacred 
and  powerful  obligations  which  fall  upon  man,  to 
exterminate  the  vital  interests  of  eight  millions  of 
people,  bound  to  them  by  contiguity  of  territory, 
and  the  closest  political  relation.  In  other  words, 
the  decree  inaugurated  on  the  6th  of  November, 
was  the  annihilation  of  the  people  of  the  Southern 
States.  Now,  gentlemen,  the  people  of  South- 
Carolina,  being  a  portion  of  those  who  come 
within  the  ban  of  this  decree,  had  only  to  ask 
themselves :  Is  existence  worth  a  struggle  ?  Their 
answer  is  given  in  the  ordinance  I  have  had  the 
honor  to  submit  to  you. 

I  see  before  me  wise  and  learned  men,  who 
have  observed  and  sounded  the  ways  of  human 
life  in  all  its  records,  and  many  who  have  been 
chief  actors  in  some  of  its  gravest  scenes.  I  ask, 
then,  if  in  all  their  lore  of  human  society  they 
find  a  case  parallel  to  this  ?  South-Carolina  has 
three  hundred  thousand  whites  and  four  hundred 
thousand  slaves ;  the  whites  depend  on  their  slaves 
for  their  order  of  civilization  and  their  existence. 
Twenty  millions  of  people,  with  a  powerfully  or 
ganized  government,  and  impelled  by  the  most 
sacred  duties,  decree  that  slavery  must  be  exter 
minated.  I  ask  you,  Virginians,  is  right,  is  jus 
tice,  is  existence  worth  a  struggle  ? 

I  have  thus  recited  in  general  terms  the  causes 
which  dictated  the  action  of  the  people  of  South- 
Carolina.  Were  they  given  in  detail,  they  would 
embrace  half  the  history  of  the  Republic  for  half 
the  period  of  its  existence.  From  the  accession 
of  the  younger  Adams  to  this  hour,  the  main  in 
ternal  history  of  the  United  States  has  been  one 
untiring,  unfaltering  effort,  on  the  part  of  the  non- 
slaveholding  States,  to  gain  the  control  of  the 
Federal  Government  —  first  to  restrict,  then  to 
subsidize,  and  now  to  destroy  the  vital  interests 
of  the  slave  States.  Checked  or  baffled  in  one 
course,  with  the  relentless  energy  and  pertinacity 
of  their  nature,  they  have  adopted  another;  re 
tarded  for  a  time,  by  the  lingering  but  sturdy 
fragments  of  a  dying  patriotism  among  themselves, 
or  the  banded  resistance  of  their  victims,  they  | 
hav»  still  held  on  with  the  fierce  grip  of  avarice,  > 


and  the  mad  rage  of  fanaticism,  until  God  has 
cursed  them  with  a  triumph  which  has  plunged 
this  continent  into  civil  war,  and  destroyed,  per 
haps  forever,  the  fairest  forms  which  human  phi 
losophy  ever  grafted  upon  the  institutions  of  man. 

Now,  gentlemen,  for  one  moment  look  at  the 
converse  of  this  picture. 

For  over  thirty  years,  by  every  method  of 
which  we  could  avail  ourselves  —  by  argument, 
by  sovereign  protest,  by  warning,  by  prayer,  by 
every  energy  and  every  attribute  we  could  bring 
to  bear — we  have  endeavored  to  avert  this  catas 
trophe.  In  the  Federal  Legislature,  through  this 
long  series  of  years,  my  State  has  given  all  her 
intelligence,  all  her  virtue,  and  all  her  patriotism, 
to  preserve  the  Constitutional  Union ;  and  that  she 
had  intelligence,  that  she  had  patriotism,  that  she 
had  virtue,  is  in  proof  here  by  that  marble,  (the  bust 
of  Calhoun,)  sitting  in  the  hall  where  the  sovereign 
ty  of  Virginia  is  consulting  concerning  the  honor 
and  the  rights  of  Virginia.  In  this  struggle,  Cal- 
houn,  McDuffie,  Elmore  and  Butler  perished  almost 
literally  in  the  halls  of  the  Federal  Legislature. 
Failing  in  this,  more  than  a  year  ago,  seeing  the 
storm  impending,  seeing  the  waves  rising,  South- 
Carolina  sent  to  this  great,  this  strong,  this  wise, 
this  illustrious  Republic  of  Virginia,  a  grave  com 
mission,  the  purport  of  which,  with  your  permis 
sion,  gentlemen,  I  will  venture  to  relate. 

"  Whereas  the  State  of  South-Carolina,  by  her 
ordinance  of  A.D.  1852,  affirmed  her  right  to  se 
cede  from  the  Confederacy  whenever  the  occasion 
should  arise,  justifying  her,  in  her  own  judgment, 
in  taking  that  step  ;  and,  in  the  resolution  adopt 
ed  by  her  Convention,  declared  that  she  forbore 
the  immediate  exercise  of  that  right  from  consid 
erations  of  expediency  only : 

"And  whereas  more  than  seven  years  have 
elapsed  since  that  Convention  adjourned,  and  in 
the  intervening  time  the  assaults  upon  the  insti 
tution  of  slavery,  and  upon  the  rights  and  equal 
ity  of  the  Southern  States,  have  unceasingly  con 
tinued,  with  increasing  violence,  and  in  new  and 
more  alarming  forms ;  be  it  therefore, 

"  1.  Resolved  unanimously,  That  the  State  of 
South-Carolina,  still  deferring  to  her  Southern 
sisters,  nevertheless  respectfully  announces  to 
them,  that  it  is  the  deliberate  judgment  of  this 
General  Assembly,  that  the  slaveholding  States 
should  immediately  meet  together  to  concert  meas 
ures  for  united  action. 

"  2.  Resolved  unanimously,  That  the  foregoing 
preamble  and  resolution  be  communicated  by  the 
Governor  to  all  the  slaveholding  States,  with  the 
earnest  request  of  this  State,  that  they  will  ap 
point  deputies,  and  adopt  such  measures  as  in 
their  judgment  will  promote  the  said  meeting. 

u  3.  Resolved  unanimously,  That  a  Special 
Commissioner  be  appointed  by  his  Excellency 
the  Governor,  to  communicate  the  foregoing  pre 
amble  and  resolutions  to  the  State  of  Virginia, 
and  to  express  to  the  authorities  of  that  State  the 
cordial  sympathy  of  the  people  of  South-Carolina 
with  the  people  of  Virginia,  and  their  earnest  de 
sire  to  unite  with  them  in  measures  of  common 
defence.'7 


ICO 


REBELLION   RECORD,  1860-61. 


Unsuccessful  in  th.it  effort,  the  people  of  South- 
Carolina,  for  the  first  time  in  over  twenty  years, 
joined  with  the  party  organizations  of  the  day, 
and  honestly,  earnestly,  and  with  anxious  solici 
tude  gave  her  unanimous  vote  to  that  party,  the 
success  of  which  they  believed  would  prolong  the 
Union.  Defeated  in  this  last  hope — having  ex 
hausted  argument,  protest,  prayer,  council,  hope 
itself — the  people  of  South-Carolina  calmly,  unos 
tentatiously,  without  clamor,  but  with  a  determi 
nation  as  fixed  as  destiny,  ordained  this  Act,  in 
these  few  simple  words,  which  I  will  read  to  the 
Convention : 

"TF<?,  the  people  of  the  State  of  South-Caro 
lina,  in  Contention  assembled,  do  declare  and 
ordain,  and  it  in  hereby  declared  and  ordained, 
That  the  ordinance  adopted  by  us  in  Convention, 
on  the  twenty -third  day  of  May,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  eighty- 
eight,  whereby  the  Constitution  of  the  United 
States  of  America  was  ratified,  and  also  all  acts, 
and  parts  of  acts,  of  the  General  Assembly  of  this 
State,  ratifying  Amendments  of  the  said  Consti 
tution,  are  hereby  repealed ;  and  that  the  union 
now  subsisting  between  South-Carolina  and  other 
States,  under  the  name  of  '  The  United  States  of 
America,'  is  hereby  dissolved." 

Even  after  this  the  people  of  South-Carolina  are 
not  satisfied.  They  still  seek  council,  they  still 
seek  sympathy,  they  still  seek  aid,  in  the  pro 
tection  of  their  rights  and  their  honor ;  and  for 
this  I  am  here  to-day. 

Now,  gentlemen,  notwithstanding  these  facts  I 
have  endeavored  to  group  before  you — notwith 
standing  this  labor,  this  long-suffering,  this  pa 
tience,  I  have  endeavored  to  show  you  she  has 
practised  —  throughout  this  whole  land,  over  all 
Christendom,  my  State  has  been  accused  of 
"rash  precipitancy."  Is  it  rash  precipitancy  to 
step  out  of  the  pathway  when  you  hear  the  thun 
der-crash  of  the  falling  avalanche  ?  Is  it  rash 
precipitancy  to  seek  for  shelter  when  you  hear 
the  hissing  of  the  coming  tempest,  and  see  the 
storm-cloud  close  down  upon  you?  Is  it  rash 
precipitancy  to  raise  your  hands  to  protect  your 
heart  ? 

I  venture  to  assert  that  never,  since  liberty 
came  into  the  institutions  of  man,  have  a  people 
borne  with  more  patience,  or  forborne  with  more 
fortitude,  than  have  the  people  of  these  Southern 
States  in  their  relations  with  their  confederates. 
As  long  as  it  was  merely  silly  fanaticism  or  pru 
rient  philanthropy  which  proposed  our  destruc 
tion,  we  did  nothing — scarcely  complained.  Even 
when  partial  and  most  oppressive  taxation,  con 
tinued  for  years,  ground  us  into  the  dust  of  pov 
erty,  save  for  a  moment  of  convulsive  struggle, 
we  bore  it  patiently;  even  when  many  of  our 
confederates,  by  State  and  municipal  regulations, 
violated  provisions  of  our  compact  vital  to  us,  and 
hordes  of  their  people,  under  the  sanction  of  these 
regulations,  robbed  our  property,  and  murdered 
our  citizens ;  even  when,  under  the  same  sanc 
tion,  bands  of  wild  fanatics  invaded  slave  States, 
and  proclaimed  the  destruction  of  slavery  by  the 
annihilation  of  the  slaveholder,  and  States  and 


cities  erected  shrines  to  the  memory  of  the  felons; 
when  one  confederate  demanded  that  we  must  be 
driven  from  the  civilization  of  the  age  in  which 
we  live,  and  another  sent  its  chief  representative 
to  defame  us  before  the  civilized  world — beneath 
all  these  enormities,  we  continued  to  give  our 
blood,  our  gold  and  our  sweat,  to  build  up  the 
grandeur  and  maintain  the  power  of  that  Repub 
lic.  And  when  there  was  added  to  this  all  that 
baffled  avarice,  malignant  fanaticism,  and  moral 
turpitude  could  devise  to  vilify,  wrong  and  irritate 
us,  we  still  gave  our  blood  and  treasure,  and  of 
fered  our  hands,  and  called  them  brethren.  I 
draw  no  fancy  picture ;  I  use  no  declamatory  as 
sertions. 

There  is  not  a  man  in  this  Convention,  who 
may  not  cite  twenty  cases  to  meet  every  item  of 
this  catalogue.  But  when,  at  last,  this  fanaticism 
and  eager  haste  for  rapine,  mingling  their  foul 
purposes,  engendered  those  fermenting  millions, 
who  have  seized  the  Constitution,  and  distorted 
its  most  sacred  form  into  an  instrument  of  our 
ruin,  why,  then  longer  submission  seemed  to  us 
not  only  base  cowardice,  but  absolute  fatuity. 
In  South  -  Carolina  we  felt  that  to  remain  one 
hour  under  such  domination,  we  would  merit  the 
destruction  earned  by  our  own  folly  and  base 
ness.  We  felt,  that  if  there  was  one  son  of  a 
Carolina  sire  who  would  counsel  such  submission, 
there  was  not  a  hill-side  or  a  plain,  from  Eutaw 
to  the  Cowpens,  from  which  the  spirit  of  his  of 
fended  sire  would  not  start  forth  to  shame  him, 
from  the  land  he  desecrated.  We  did  not  find  air 
enough  in  that  little  State,  to  give  breath  to  such 
counsel ;  there  was  not  firm  earth  enough  there 
for  one  such  counsellor  to  stand  upon. 

I  pray  you,  gentlemen  of  Virginia,  to  pardon 
me  for  referring  with  some  particularity  to  the 
position  of  my  State  in  connection  with  these 
matters,  because  she  has  been  much  spoken  of, 
and  not  much  praised.  I  am  here  as  the  Com 
missioner  of  these  people,  certainly  not  their  eu 
logist.  I  am  sent  here,  as  I  thought,  mainly  be 
cause  among  them  I  have  always,  with  some 
pride,  proclaimed  that  I  sprang  from  this  soil, 
and  because  they  believe  that  I  would  tell  an 
honest,  earnest  story  of  their  wrongs  and  their 
trials ;  and  if  you  will  permit  me,  I  will  still 
further  allude  to  it.  Never,  gentlemen,  since 
liberty  begun  her  struggles  in  the  world,  has  a 
mighty  drama,  to  be  enacted  on  the  trembling 
stage  of  man's  affairs,  been  opened  with  a  spec 
tacle  of  purer  moral  sublimity  than  that  vi  hich 
has  been  manifested  in  this  revolution  in  which 
we  are  now  engaged.  Scarcely  had  this  decree  of 
our  subjection  been  borne  to  our  ears  on  the  north 
ern  breeze,  than,  as  if  from  the  very  caverns  of 
the  earth,  there  rose  up  one  voice,  one  voice  only, 
from  the  people  of  South-Carolina,  who  shouted 
back,  resistance  to  the  death.  The  Legislature, 
then  in  session,  caught  that  spirit,  and  with  one 
voice,  one  voice  only,  proclaimed,  resistance  to 
the  death.  The  people  of  the  State,  again  in  their 
sovereign  capacity,  as  you  are  here,  with  one 
voice,  one  voice  only,  ordained,  resistance  to  the 
death.  And  now,  there  is  not,  in  the  borders  of 


DOCUMENTS. 


101 


that  little  State,  one  man,  from  sixteen  to  sixty, 
who  can  walk  or  stand,  who  is  not  armed,  stand 
ing  ready  to  resist  to  the  death.  [Applause.] 
We  are  very  small — very  weak — but  if  that  fire 
storm  with  which  we  are  threatened  should  fall 
upon  us  and  consume  us,  hereafter  the  pilgrim 
of  liberty,  perhaps  from  this  State,  who  may  be 
searching  beneath  the  ruins  of  Charleston,  will 
find  the  skeleton  of  our  sentinel  standing  at  our 
sea-gate. 

Believe  it  not,  sir,  that  in  taking  this  position 
we  have  been  forgetful  of  the  past  or  reckless 
of  the  future.  No,  sir,  it  is  the  great  past  and 
our  sacred  obligation  to  the  future  which  have 
nerved  us  to  the  act.  It  was  the  splendor  of  the 
past  which  dazzled  our  eyes,  until  the  substance 
of  liberty  had  almost  slipped  from  our  grasp. 
For  years  and  years  we  paused,  as  we  held  up 
the  curtain,  and  gazed  back  on  the  unforgotten 
glories  of  the  hallowed  past — as  we  beheld  that 
fairest  temple  in  which  liberty  had  ever  found  a 
shrine — that  which  Washington  and  Jefferson, 
Adams  and  Franklin,  Henry  and  Madison,  the 
Lees,  Masons,  Rutledges,  and  Pinckneys — a  con 
clave  of  demigods — had  builded  up  as  a  taberna 
cle  for  us  to  dwell  in  forever,  and  consecrated  it 
with  the  blood  of  our  own  fathers,  that  citadel 
of  liberty  ;  that  palladium  of  human  right ;  that 
precious  muniment  of  human  hope  ;  that  refuge 
of  hope  all  over  the  earth  ;  that  world,  won  from 
the  wilderness  to  God  and  liberty — sir,  with 
pious  reverence  we  looked  upon  all  this ;  and 
yet,  with  these  hands,  we  tore  it  down ;  with 
these  feet,  we  trampled  it  out  of  life ;  with  this 
breath,  we  scattered  the  fragments  on  the  winds; 
and  yet  we  do  not  tremble,  we  are  not  appalled ; 
our  hands  are  unstained — pure,  clear,  unterrified, 
as  we  raise  them  in  confident  appeal  to  the  God 
of  Truth,  Justice,  and  Right.  Armed  in  this 
panoply,  we  drop  the  curtain,  and  are  ready  to 
move  onward  through  the  coming  scenes  of  this 
solemn  drama. 

Gentlemen  of  Virginia,  the  people  of  these 
Southern  States  are  no  noisy  faction,  clamoring  for 
place  and  power ;  no  hungry  rabble,  answering 
in  blood  to  every  appeal  to  brutal  passion ;  no 
shouting  mob,  ready  to  take  for  their  govern 
ment  a  glittering  epigram,  or  a  fustian  theory ; 
they  are  not  canting  fanatics,  festering  in  the 
licentiousness  of  abolition  and  amalgamation ; 
their  liberty  is  not  a  painted  strumpet,  straggling 
through  the  streets ;  nor  does  their  truth  need 
to  baptize  itself  in  pools  of  blood.  They  are  a 
grave,  calm,  prosperous,  religious  people ;  the 
holders  of  the  most  majestic  civilization ;  the  in 
heritors,  by  right,  of  the  fairest  estate  of  liberty ; 
fighting  for  that  liberty ;  fighting  for  their  fathers' 
graves  ;  standing  athwart  their  hearthstones,  and 
before  their  chamber-doors.  In  this  fight,  for  a 
time,  my  little  State  stood  alone — that  little  State, 
around  whose  outermost  borders  the  guns  fired 
at  the  capital  might  almost  be  heard;  whose 
scope  of  sky  is  scarce  large  enough  for  one  star 
to  glitter  in ;  so  small,  so  weak,  so  few — we  be 
gan  this  fight  alone,  against  millions ;  and  had 
millions  been  piled  on  millions,  under  God,  in 


such  a  fight,  we  would  have  triumphed.  But, 
sir,  that  God  cares  for  liberty,  truth,  and  right 
among  His  people,  and  we  are  no  longer  alone. 
Our  own  children  from  Florida  and  Alabama 
answered  to  the  maternal  call ;  and  our  great 
sister  Georgia  marshalled  forth  her  giant  pro 
geny  ;  the  voice  of  Quitman  came  up  out  of  his 
grave  on  the  Mississippi,  and  Louisiana  proved 
herself  the  offspring  of  the  "  Apostle  of  Liberty;" 
and  now  Young  Texas  raises  her  giant  form,  and 
takes  her  place  at  the  head  of  this  majestic  col 
umn  of  confederated  sovereignties.  And,  sir, 
wherever  Virginia  has  a  son  beyond  her  bor 
ders,  his  voice  is  known,  because  he  speaks  in 
the  ancient  tongue  of  his  mother.  Mr.  President, 
I,  one  of  the  humblest  of  these  sons,  have  told 
my  adopted  brethren — I  have  promised  them — 
that  before  the  spring  grass  grows  long  enough 
to  weave  a  chaplet  of  triumph,  they  will  hear 
the  stately  tramp  as  of  a  mighty  host  of  men — 
a  sound  as  if  the  armies  of  destiny  were  afoot — 
and  they  will  see  floating  above  that  host  a  ban 
ner,  whose  whole  history  is  one  blaze  of  glory, 
and  not  one  blot  of  shame  :  and  coming  up  from 
that  host,  they  will  hear  one  voice,  ay,  like  their 
own,  one  voice  only  ;  the  resounding  echo  of  that 
voice  which  first  thundered  into  the  hearts  of 
your  god-like  sires,  "  Give  me  liberty,  or  give 
me  death  !"  and  on  that  banner  will  be  written 
the  unsullied  name  of  Virginia.  The  world 
knows  her  history,  and  knows  no  history  above 
it  in  the  niche  of  fame ;  and  knowing  it,  none 
dare  doubt  where  Virginia  will  be  found  when 
her  own  offspring,  divine  liberty  and  justice,  call 
her  to  the  fight.  Have  I  promised  too  much  in 
the  name  of  our  mother  ?  In  us  the  doubt  would 
be  worse  than  blasphemy.  She  will  take  her 
place  in  the  front  ranks.  She  will  be,  as  she  has 
been  for  one  hundred  years,  the  foremost  of  the 
world  in  the  cause  of  liberty.  She  will  stand 
here  with  her  uplifted  arm,  not  only  as  a  barrier, 
but  the  guiding  star  to  an  empire,  stretching 
from  her  feet  to  the  tropics,  from  the  Atlantic  to 
the  Pacific — grander  in  proportions,  stronger  in. 
power,  freer  in  right,  than  any  which  has  pre 
ceded  it ;  which  will  divide  the  rule  of  the  At 
lantic  ;  be  felt  in  the  far-heaving  waves  of  the 
Pacific ;  and  will  own  the  Gulf  of  Mexico  and  the 
Caribbean  Sea. 

Mr.  President,  I  appear  before  you  in  behalf  of 
a  portion  of  those  who  believe  in  this  coming 
greatness,  and  who  have  by  cruel  wrong  and  in 
justice  been  driven  from  their  inheritance  in  the 
mighty  past ;  and  I  ask  Virginia  to  come  in  the 
majesty  of  her  august  history,  and  the  power  of 
her  courage  and  strength,  and  command  this 
transcendent  future. 

Mr.  President,  I  have  endeavored  to  confine 
my  words  specifically  to  the  matter  of  my  own 
mission  here.  I  fear,  sir,  that  the  scene  and  the 
place  have  deluded  me  to  go,  somewhat  erratical 
ly,  beyond  my  intention  ;  but  I  have  not  ventured 
to  discuss,  before  this  Convention,  those  essential 
principles  on  which  our  order  of  liberty  was  in- 
stitutionized  in  America,  after  centuries  of  strug 
gle,  from  Runymede  to  Yorktown,  nor  their  dea» 


162 


REBELLION  RECORD,  1860-61. 


tructive  violation,  involved  in  the  daring  aggres 
sions  upon  the  confederate  and  absolute  rights  of 
the  Southern  people,  by  the  people  and  States 
of  the  North.  I  cannot  teach  this  Convention. 
There  are  many  men  here  who  may  truly  use  the 
words  of  the  Greeks :  "  We  thank  God  we  are  as 
wise  and  virtuous  as  our  fathers."  Such  men 
cannot  be  taught,  either  the  principles  or  the  du 
ties  of  liberty  and  truth.  That  knowledge,  gen 
tlemen  of  Virginia,  is  your  birth-right 

I  will,  however,  ask  a  few  minutes  more  of 
your  time,  while  I  attempt,  very  rapidly,  and  in 
the  most  general  terms,  to  exhibit  some  of  the 
fundamental  causes  which  the  people  of  the  South 
regard  as  justifying  their  belief  that  there  never 
ought  to  be,  and  that  there  never  can  be,  recon 
struction  of  the  late  Federal  Union.  Leaving  out 
of  consideration  the  fact  that  the  acquiescence, 
which  originally  founded  the  Union,  wras  enforced 
by  necessity  rather  than  free  consent,  the  truth 
seems  evident,  to  every  mind  which  dares  to 
speculate  advisedly  on  the  manifest  principles  of 
that  revolution  we  are  now  enacting,  that  they  do 
involve  fundamental  and  irreconcilable  diversities, 
between  the  systems  on  which  slaveholding  and 
non-slaveholding  communities  may  endure.  We 
believe  that  these  repellent  diversities  pertain  to 
every  attribute  which  belongs  to  the  two  systems, 
and  consequently  that  this  revolution — this  sep 
aration — this  disintegration — is  no  accident ;  that 
it  is  no  merely  casual  result  of  a  temporary 
cause  ;  that  it  is  no  evanescent  bubble  of  popular 
error  or  irritation ;  that  it  is  no  dream  of  philoso 
phy  ;  nor  is  it  the  achievement  of  individual  am- . 
bition.  It  has  a  cause  more  profound  and  per- ' 
vading  than  all  these.  It  is  not  only  a  revolution 
of  actual  material  necessity,  but  it  is  a  revolution 
resulting  from  the  deepest  convictions,  the  ideas, 
the  sentiments,  the  moral  and  intellectual  neces 
sities,  of  earnest  and  intelligent  men.  It  is  not 
only  the  primeval  and  never-dying  struggle  of  the 
liberty  of  labor  against  the  despotism  of  power, 
but  it  is  that  still  sterner  conflict  which  shivered 
Greece  and  disintegrated  the  huge  and  solid  mass 
of  Rome  ;  which  gathers  into  its  contending  armies 
all  the  necessities,'  the  customs,  the  laws,  the  re 
ligions,  the  sentiments,  and  the  passions,  which 
constitute  the  civilization  of  man.  You  may,  as 
you  are  at  this  moment  doing,  centralize  a  coer 
cive  power  at  Washington,  stronger  than  the  Prge- 
torian  bands,  when  the  Roman  eagles  shadowred 
the  earth  "from  Lusitania  to  the  Caucasus,"  but 
you  cannot  come  nearer  coalescing  the  people  of 
Virginia  and  the  people  of  Vermont,  the  people  of 
the  St.  Lawrence  and  the  people  of  the  Gulf,  than 
did  Rome  to  make  one  of  the  Gaul  and  the  Da- 
cian,  the  Briton  and  the  Ionian.  No  community 
of  origin,  no  community  of  language,  law  or  re 
ligion,  can  amalgamate  a  people  whose  severance 
i.s  proclaimed  by  the  rigid  requisitions  of  material 
necessity.  Nature  forbids  African  slavery  at  the 
North.  Southern  civilization  cannot  exist  with 
out  African  slavery.  None  but  an  equal  race 
can  labor  at  the  South.  Destroy  involuntary  la 
bor,  and  Anglo-Saxon  civilization  must  be  remit 
ted  to  the  latitudes  whence  it  sprung. 


Now,  for  these  and  other  reasons,  we  believe  the 
political  and  social  organisms  have  assumed  forma 
so  distinct  and  antagonistic,  that  a  reconcilement 
of  them  is  simply  an  impossibility.  To  cite  one 
or  two  instances — for  I  am  only  making  sugges 
tions  for  your  consideration  in  connection  with 
the  matter  in  hand :  In  the  free  States,  the  sim 
ple,  isolated,  exclusive,  sole  political  principle  is 
a  pure  democracy  of  mere  numbers,  save  a 
scarcely  discernible  modification,  by  a  vague  and 
undefined  form  of  representation.  In  these 
States  there  can  be  no  departure  from  this  princi 
ple  in  its  extremest  intensity.  The  admission  of 
the  slightest  adverse  element  is  forbidden  by  the 
wrhole  genius  of  the  people  and  their  institutions. 
It  is  as  delicate  in  its  sensitiveness  as  personal 
right  in  England,  or  slavery  in  Carolina ;  it  is  the 
vitalizing  principle,  the  breath  of  the  life  of 
Northern  socialism.  The  almighty  power  of 
numbers  is  the  basis  of  all  social  agreement  in  the 
Northern  States.  A  fearful  illustration  of  this  is 
at  this  moment  exhibiting  its  results  in  the  Gov 
ernment  under  which  you  are  consenting  to  live. 
That  Government  was  "instituted  and  appointed" 
to  protect  and  secure  equally  the  interest  of  the 
parts.  By  the  agency  of  mere  numbers,  one  sec 
tion  has  been  restricted  and  another  expanded  in 
territory;  one  section  has  been  unduly  and  op 
pressively  taxed,  and  one  section  has  been 
brought  to  imminent  peril ;  and  in  this  hour  the 
people  of  the  North  are  consulting  whether  they 
can  subjugate  the  people  of  the  South  by  the 
righ  t  of  number. 

The  "Government  by  the  people"  is  equally  the 
rule  of  the  South,  but  the  modification  of  the 
"rule  of  numbers"  is  so  essential  in  the  slave 
States,  that  it  cannot  coexist  with  the  same  prin 
ciple  in  its  unrestricted  form.  In  the  South,  it  is 
controlled,  perhaps  made  absolutely  subject,  by 
the  fact  that  the  recognition  of  a  specific  property 
is  essential  to  the  vitalization  of  the  social  and 
political  organisms.  If,  then,  you  attempt  to  in 
stitute  the  rule  of  either  form  into  the  organism 
of  the  other,  you  instantly  destroy  the  section  you 
invade.  To  proclaim  to  the  North  that  numbers 
shall  not  be  absolute,  would  be  as  offensive  as  to 
proclaim  the  extinction  of  slavery  in  the  South. 
The  element  of  property  would  neutralize  the  en 
tire  political  system  at  the  North;  its  exclusion 
would  subvert  the  whole  organism  of  the  South. 

But  there  is  another  element  of  disintegration 
and  repulsion,  still  more  potent  than  the  geo 
graphical  or  the  political  severance.  It  comes  of 
the  deep-seated,  but  active,  religious  sentiment, 
which  belongs  to  both  people,  having  arrayed  it 
self  on  the  sides  of  the  sections.  This  diversity, 
at  this  moment,  is  appearing,  not  in  forms  of  de 
nominational  polemics,  but  in  shapes  as  bloody 
and  terrible  as  religion  has  ever  assumed  since 
Christ  came  to  the  earth.  Its  representative,  the 
Church,  has  bared  her  arm  for  the  conflict --her 
sword  is  already  flashing  in  the  glare  of  the  torch 
of  fanaticism — and  the  history  of  the  world  tells 
us,  that  when  that  sword  cleaves  asunder,  no  hu 
man  surgery  can  heal  the  wound.  There  is  not 
one  Christian  slaveholder  here,  no  matter  how 


DOCUMENTS. 


103 


near  he  may  be  to  his  meek  and  lowly  Master 
who  does  not  feel  in  his  heart,  that  from  the  poin 
of  that  sword  is  now  dripping  the  last  drop  o 
sympathy  which  bound  him  to  his  brethren  of  th 
North.  With  demoniac  rage,  they  have  set  th 
Lamb  of  God  between  their  seed  and  our  seed. 

I  have  run  rapidly  over  these  diversities  t< 
show  that  they  pervade  the  entire  composition 
the  social  systems  of  the  two  sections,  and  that 
therefore,  we  believe  the  political  union  unnatura 
and  monstrous;  and  its  offspring  must  be  abor 
tive  and  fruitless,  save  of  that  fearful  brood  o 
woes  which  must  always  come  from  such  con 
junctions. 

We  believe,  as  a  completely  logical  and  reason 
able  deduction  from  these  repellent  attributes  o 
the  Northern  and  Southern  sections  of  the  late 
Confederacy,  there  have  arisen  those  construe 
tions  of  the  terms  of  confederation,  which  have 
converted  a  government  of  consent  into  a  gov 
ernment  of  force  ;  which  have  driven  seven  States 
to  abandon  that  Government ;  which  have  for 
sixty  days,  kept  loaded  bomb-shells  bearing  on 
the  women  and  children  of  Charleston  ;  which 
have  turned  the  Federal  guns  on  the  capital  of 
Virginia;  and  which,  if  Virginia  murmurs  against 
these  guns  being  so  turned,  threatens  to  send  the 
ruffians  of  Boston  and  New-York  to  reenact  the 
scenes  of  1813  at  Portsmouth  and  Hampton. 

Where  these  natural  and  conventional  repul 
sions  exist,  the  conflict  is  for  life  and  death. 
And  that  conflict  is  now  upon  you.  Gentlemen 
of  Virginia,  you  own  an  empire.  You  are  very 
strong.  You  have  advanced  in  all  the  arts  of  life, 
and  are  very  wise  and  very  skilful.  You  have 
achieved  much  glory,  and  have  great  virtue.  You 
may  thus  drag  down  your  mountain-tops  and  fill 
up  your  valleys.  You  may  unite  the  waters  of 
remote  oceans.  You  may  again  pull  down  civil 
dynasties  and  religions,  and  on  their  ruins 
rebuild  the  forms  of  liberty  and  faith.  But  I  tell 
you,  there  is  no  force  of  human  power — there  is 
no  assay  of  human  art — there  is  no  sanctity  of 
human  touch,  which  can  reunite  the  people  of 
the  North  and  the  people  of  the  South  as  political 
and  social  equals.  No  gentlemen — never ;  never, 
until  by  your  power,  your  art,  and  your  virtue, 
you  can  unfix  the  unchangeable  economy  of  the 
Eternal  God,  can  you  make  of  the  people  of  the 
North  and  the  people  of  the  South  one  people. 

An  irresistible  instinct  of  self-preservation  has 
forced  the  Cotton  States  to  recognise  this  absolute 
and  imperative  diversity,  and  they  are  now  pro 
ceeding  to  erect  their  institutions  on  its  present 
necessity.  The  Northern  States  are  also  mani 
festing  their  recognition  of  the  same  diversity  by 
preparing,  with  the  aid  of  the  agents  of  non-slav 
ery,  known  as  the  army  and  navy  of  the  United 
States,  to  attempt  the  subjugation  of  the  South 
ern  States. 

I  believe  the  question  to  be  decided  by  you, 
gentlemen,  is  whether  Virginia,  like  the  trembling 
Egyptian,  will  skulk  for  shelter  beneath  the 
crumbling  fragments  of  a  past  greatness,  to  dwell 
under  the  scourge  of  a  haughty,  but  mean  task 
master,  or  whether  she  will  step  forth  and  with 


one  voice  hush  the  storm  of  war,  and  keep  the 
ancient  glory  of  her  name.  The  times  must  be 
far  more  distempered  than  now — indeed  prophecy 
dare  not  seek,  for  it  can  never  reach  that  future — 
when  Virginians  will  hesitate  to  decide  this  ques 
tion. 

Mr.  President,  the  people  of  South-Carolina 
have  declared,  in  the  language  of  the  various  com 
pacts  between  them  and  their  confederates,  that 
they  have  always  retained  their  sovereignty  and 
independence — that  they,  with  their  confederates, 
did  delegate  certain  powers  to  a  common  agent ; 
that  by  their  confederates  this  compact  has  been 
violated ;  and  the  Government  established  under 
it  has  become  destructive  of  the  purposes  for 
which  it  was  established — and  it  is,  therefore, 
their  right  to  abolish  that  Government,  so  far  as 
it  concerns  them,  and  institute  another.  They 
have  solemnly  ordained,  and  are  now,  and  have 
for  sixty  days  been  maintaining  that  ordinance  by 
arms — that  all  political  connection  with  the  Gov 
ernment  of  the  United  States  is  dissolved. 

The  admitted  rule  on  which  they  have  resorted 
to  arms  is,  "  That  a  violation  of  a  perfect  right, 
either  committed  or  committing,  or  with  which  a 
people  is  threatened  in  the  future,  justifies  the 
undertaking  of  war — amicable  means  having  been 
;ried  in  vain.  When  it  is  evident  that  it  would 

useless  to  try  su'ch  means,  justice  requires  a  re 
sort  to  arms." 

On  this  rule,  the  people  of  South-Carolina  have 
resorted  to  arms  in  defence  of  "a  perfect  right." 

As  I  have  stated,  they  have  maintained  this 
)osition  for  a  reasonable  time,  notwithstanding 
heir  chief  harbor  has  been  blockaded  and  their 
erritory  invaded;  they  have  maintained  it  in 
lonor  against  falsehood  and  treachery  ;  they  have 
maintained  it  until  five  millions  of  people  and  six 
overeign  States  have  joined  with  them  to  form  a 
government,  in  which,  in  the  language  of  the  em- 
nent  citizen  who  has  been  placed  in  charge  of 
he  executive  department  of  that  government, 
here  can  be  no  cause  for  doubt  that  "the  cour- 
,ge  and  patriotism  of  the  people  of  the  Confeder- 
le  States  will  be  found  equal  to  any  measures  of 
iefence  which  our  honor  and  security  may 
equire.  Further  obstacles  may  retard  the  pro 
gress  of  that  government,  but  they  cannot  long 
revent  the  progi  ess  of  a  movement  sanctified  by 
ts  justice,  and  sustained  by  a  virtuous  people, 
everently  let  us  invoke  the  God  of  our  fathers, 
o  guide  and  protect  us  in  our  efforts  to  perpetu- 
te  the  principles  which,  by  his  blessing,  they 
were  able  to  vindicate  and  transmit  to  posterity ; 
nd  with  that  continuance  of  his  favor  ever  grate- 
ully  acknowledged,  we  will  hopefully  look  for 
ward  to  success,  peace  and  prosperity." 

Believing  the  rights  violated  and  the  interests 
nvolved  are  identical  with  the  rights  and  inter- 
sts  of  the  people  of  Virginia,  and  remembering 
heir  ancient  amity  and  their  common  glory,  the 
eople  of  South-Carolina  have  instructed  me  tc 
sk,  earnest^  and  respectfully,  that  the  people  oi 
"irginia  will  join  them  in  the  protection  of  their 
ghts  and  interests. 
Mr.  President,  I  have  performed  my  mission, 


164 


REBELLION  RECORD,  1860-61. 


and  do  now,  in  the  name  ot  my  government,  ten 
der  to  this  Convention  the  most  cordial  thanks 
for  their  honorable  consideration  of  that  mission ; 
and  in  my  own  behalf  I  offer  to  the  Convention 
and  the  citizens  of  Virginia  my  heartfelt  grati 
tude  for  their  noble  courtesy  and  most  generous 
kindness  to  myself  personally. 

Doc.  23. 
SECESSION  IN  KENTUCKY. 

DECLARATION  OF    INDEPENDENCE   AND  ORDINANCE  OF 
SEPARATION,    PASSED  NOVEMBER  20,   1861. 

Whereas,  The  Federal  Constitution,  which  cre 
ated  the  Government  of  the  United  States,  was 
declared  by  the  framers  thereof  to  be  the  supreme 
law  of  the  land,  and  was  intended  to  limit,  and 
did  expressly  limit,  the  powers  of  said  Govern 
ment  to  certain  general  specified  purposes,  and 
did  expressly  reserve  to  the  States  and  people  all 
other  powers  whatever,  and  the  President  and 
Congress  have  treated  this  supreme  law  of  the 
Union  with  contempt,  and  usurped  to  themselves 
the  power  to  interfere  with  the  rights  and  liberties 
of  the  States  and  the  people,  against  the  express 
provisions  of  the  Constitution,  and  have  thus  sub 
stituted  for  the  highest  forms  of  rational  liberty 
and  constitutional  government  a  central  despot 
ism,  founded  upon  the  ignorant  prejudices  of  the 
masses  of  Northern  society,  and  instead  of  giving 
protection,  with  the  Constitution,  to  the  people 
of  fifteen  States  of  the  Union,  have  turned  loose 
upon  them  the  unrestrained  and  raging  passions 
of  mobs  and  fanatics ;  and  because  we  now  seek 
to  hold  our  liberties,  our  property,  our  homes, 
and  our  families,  under  the  protection  of  the  re 
served  powers  of  the  States,  have  blockaded  our 
ports,  invaded  our  soil,  and  waged  war  upon  our 
people,  for  the  purpose  of  subjugating  us  to  their 
will; 

And  whereas,  Our  own  honor  and  our  duty  to 
posterity  demand  that  we  shall  not  relinquish  our 
own  liberty,  and  shall  not  abandon  the  rights  of 
our  descendants  and  the  world  to  the  inestimable 
blessings  of  constitutional  government,  therefore, 

Be  it  ordained,  That  we  do  hereby  forever  sev 
er  our  connection  with  the  Government  of  the 
United  States,  and  in  the  name  of  the  people  we 
do  hereby  declare  Kentucky  to  be  a  free  and  in 
dependent  State,  clothed  with  all  the  power  to  fix 
her  own  destiny,  and  to  secure  her  own  rights 
and  liberties. 

And  whereas,  The  majority  of  the  Legislature 
of  Kentucky  have  violated  their  most  solemn 
pledges  made  before  the  election,  and  deceived 
and  betrayed  the  people  ;  have  abandoned  the 
position  of  neutrality  assumed  by  themselves  and 
the  people,  and  invited  into  the  State  the  organ 
ized  armies  of  Lincoln  ;  have  abdicated  the  Gov 
ernment  in  favor  of  the  military  despotism  which 
they  have  placed  around  themselves,  but  cannot 
control,  and  have  abandoned  the  duty  of  shielding 
the  citizen  with  their  protection ;  have  thrown 
upon  our  people  and  the  State  the  horrors  and 
ravages  of  war,  instead  of  attempting  to  preserve 


the  peace;  and  ha\e  voted  men  and  money  for 
the  war  waged  by  the  North  for  the  destruction 
of  our  constitutional  rights  ;  have  violated  the 
express  words  of  the  Constitution,  by  borrowing 
five  millions  of  money  for  the  support  of  the  war, 
without  a  vote  of  the  people ;  have  permitted  the 
arrest  and  imprisonment  of  our  citizens,  and 
transferred  the  constitutional  prerogatives  of  the 
executive  to  a  military  commission  of  partisans  ; 
have  seen  the  writ  of  habeas  corpus  suspended, 
without  an  effort  for  its  preservation,  and  per 
mitted  our  people  to  be  driven  in  exile  from  their 
homes ;  have  subjected  our  property  to  confisca 
tion,  and  our  persons  to  confinement  in  the  peni 
tentiary  as  felons,  because  we  may  choose  to  take 
part  in  a  contest  for  civil  liberty  and  constitu 
tional  government  against  a  sectional  majority, 
waging  war  against  the  people  and  institutions 
of  thirteen  States  of  the  old  Federal  Union,  and 
have  done  all  these  things  deliberately,  against 
the  warnings  and  voice  of  the  Governor,  and  the 
solemn  remonstrances  of  the  minority  in  the  Se 
nate  and  House  of  Representatives  ;  therefore, 

Be  it  further  ordained,  That  the  unconstitu 
tional  edicts  of  a  factious  majority  of  a  Legisla 
ture,  thus  false  to  their  pledges,  their  honor,  and 
their  interests,  are  not  law,  and  that  such  a  Gov 
ernment  is  unworthy  of  the  support  of  a  brave 
and  free  people;  and  we  do  hereby  declare,  that 
the  people  are  absolved  from  all  allegiance  to  said 
Government,  and  have  the  right  to  establish  any 
government  which  to  them  may  seem  best  adapt 
ed  to  the  preservation  of  their  rights  and  liberties. 

Plan  of  Provisional  Government. 

Section  1.  The  supreme  executive  and  legisla 
tive  power  of  the  provisional  government  of  this 
commonwealth,  hereby  established,  shall  be  vest 
ed  in  a  Governor  and  ten  Councilmen,  one  from 
each  of  the  present  congressional  districts  —  a 
majority  of  whom  shall  constitute  a  quorum  to 
transact  business  ;  the  Governor  and  Councilmen 
to  be  elected  by  the  members  of  this  Convention, 
in  such  manner  as  this  Convention  may  prescribe. 

See.  2.  The  Governor  and  Council  are  hereby 
invested  with  full  power  to  pass  all  laws  neces 
sary  to  effect  the  object  contemplated  by  the  for 
mation  of  the  government.  They  shall  have  full 
control  of  the  army  and  navy  of  this  common 
wealth,  and  the  militia  thereof. 

Sec.  3.  No  law  shall  be  passed,  or  act  done,  or 
appointment  made,  either  civil  or  military,  by  the 
provisional  government,  except  with  the  concur 
rence  of  a  majority  of  the  Council  and  approval 
of  the  Governor,  except  as  hereinafter  specially 
provided. 

Sec.  4.  In  the  case  of  a  vacancy  in  the  guber 
natorial  office,  occasioned  by  death,  resignation, 
or  any  other  cause,  the  Council  shall  have  power 
to  elect  a  Governor  and  his  successor,  who  shall 
not,  however,  be  a  member  of  their  bodjr. 

Sec.  5.  The  Council  hereby  established  shall 
consist  of  one  person  selected  from  each  con 
gressional  district  in  the  State,  to  be  chosen  by 
this  Convention,  who  shall  have  power  to  fill  all 


DOCUMENTS. 


165 


vacancies  from  any  cause,  from  the  district  in 
which  such  vacancy  shall  occur. 

Sec.  6.  The  Council  shall  have  power  to  pass 
any  acts  which  they  may  deem  essential  to  the 
preservation  of  our  liberty  and  the  protection  of 
our  rights ;  and  such  acts,  when  approved  by  the 
Governor,  shall  become  law,  and  as  such  shall  be 
sustained  by  the  courts  and  other  departments 
of  the  government. 

Sec.  7.  The  Governor  shall  nominate,  and  by 
and  with  the  advice  and  consent  of  the  Council, 
appoint  all  judicial  and  executive  and  other  offi 
cers  necessary  for  the  enforcement  of  law  and  the 
protection  of  society,  under  the  extraordinary  cir 
cumstances  now  existing,  who  shall  continue  in 
office  during  the  pleasure  of  the  Governor  and 
Council,  or  until  the  establishment  of  a  perma 
nent  government. 

Sec.  8.  The  Governor  shall  have  power,  by  and 
with  the  consent  and  advice  of  the  Council,  to 
conclude  a  treaty  with  the  Confederate  States  of 
America,  by  which  the  State  of  Kentucky  may 
be  admitted  as  one  of  said  Confederate  States, 
upon  an  equal  footing,  in  all  respects,  with  the 
other  States  of  said  Confederacy. 

Sec.  9.  Three  Commissioners  shall  be  appoint 
ed  by  this  Convention  to  the  government  of  the 
Confederate  States  of  America,  with  power  to  ne 
gotiate  and  treat  with  said  Confederate  States  for 
the  earliest  practicable  admission  of  Kentucky 
into  the  government  of  said  Confederate  States  of 
America,  who  shall  report  the  result  of  their  mis 
sion  to  the  Governor  and  Council  of  this  provi 
sional  government,  for  such  future  action  as  may 
be  deemed  advisable ;  and  should  less  than  the 
full  number  attend,  such  as  may  attend,  may 
conduct  such  negotiation. 

Sec.  10.  So  soon  as  an  election  can  be  held, 
free  from  the  influence  of  the  armies  of  the  Unit 
ed  States,  the  provisional  government  shall  pro 
vide  for  the  assembling  of  a  Convention  to  adopt 
such  measures  as  may  be  necessary  and  expe 
dient  for  the  restoration  of  a  permanent  govern 
ment.  Said  Convention  shall  consist  of  one  hun 
dred  delegates,  one  from  each  representative  dis 
trict  in  the  State,  except  the  counties  of  Mason 
and  Kenton,  each  of  which  shall  be  entitled  to 
two  delegates. 

Sec.  11.  An  Auditor  and  Treasurer  shall  be 
appointed  by  the  provisional  government,  whose 
duties  shall  be  prescribed  by  law,  and  who  shall 
give  bond,  with  sufficient  security,  for  the  faithful 
discharge  of  the  duties  of  their  respective  offices, 
to  be  approved  by  the  Governor  and  Council. 

Sec.  12.  The  following  oath  shall  be  taken  by 
the  Governor,  members  of  the  Council,  judges, 
and  all  other  officers,  civil  and  military,  who  may 
be  commissioned  and  appointed  by  this  provision 
al  government : 

"  I, ,  do  solemnly  swear,  or  affirm, 

in  the  presence  of  Almighty  God,  and  upon  my 
honor,  that  I  will  observe  and  obey  all  the  laws 
passed  by  the  provisional  government  of  Ken 
tucky,  so  help  me  God." 

Sec.  13.  The  Governor  shall  receive  his  salary, 
two  thousand  dollars  per  annum,  and  the  coun- 


cilmen  five  dollars  per  diem,  while  in  session,  and 
the  salary  of  the  other  officers  shall  be  fixed  by 
law. 

Sec.  14.  The  Constitution  and  laws  of  Ken 
tucky  not  inconsistent  with  the  act  of  this  Con 
vention,  and  the  establishment  of  this  govern 
ment,  and  the  laws  which  may  be  enacted  by  tho 
Governor  and  Council,  shall  be  the  laws  of  this 
State. 

Sec.  15.  Whenever  the  Governor  and  Council 
shall  have  concluded  a  treaty  with  the  Confeder 
ate  States,  for  the  admission  of  this  State  into  the 
Confederate  government,  the  Gcvernor  and  Coun 
cil  shall  elect  two  senators,  and  provide  by  law 
for  the  election  of  members  of  the  House  of  Re 
presentatives  in  Congress. 

Sec.  16.  The  provisional  government,  hereby 
established,  shall  be  located  at  Bowling  Green, 
Kentucky,  but  the  Governor  and  Council  shall 
have  power  to  meet  at  any  other  place  that  they 
may  consider  appropriate. 

Done  at  Russellville,  in  the  State  of  Kentucky, 
this  twentieth  day  of  November,  in  the  year  of 
our  Lord  1861. 

The  declaration  was  unanimously  adopted.  The 
plan  of  government  was  read  and  acted  on  by  sec 
tions,  and  each  section  having  been  separately 
considered  and  adopted,  a  unanimous  vote  was 
given  in  favor  of  the  whole  plan. 

— Richmond  Ezcminer,  December  2. 


Doc.  24. 
THE   UNION  PARTY  IN  MARYLAND. 

ADDRESS  OF  THE    UNION    STATE    CENTRAL    COMMITTED 
OF   MARYLAND OCTOBER,   1861. 

WE  are  in  the  midst  of  events,  fellow-citizens 
of  Maryland,  which  forbid  silence  or  inactivity. 
Clinging  with  devotion  to  the  long-tried  institu 
tions  of  our  country,  we  have  taken  council  con 
cerning  the  perils  which  environ  this  State,  and 
distract  the  nation.  We  are  sincerely  animated 
by  one  purpose  alone  —  a  reconciliation  of  every 
State  to  "a  more  perfect  union,"  a  restoration  of 
public  and  private  confidence,  and  the  solid  con 
firmation  of  our  nationality  in  a  spirit  of  magnani 
mous  justice,  so  that  the  United  States  may  con 
tinue  to  be  what,  until  a  recent  period,  it  has  al 
ways  been — the  refuge  of  constitutional  liberty 
against  the  assaults  of  all  its  enemies. 

It  is  proper  that  Maryland  should  be  heard  and 
heeded  in  this  crisis.  Our  situation  in  the  geo 
graphical  centre  of  the  country,  holding  the  Dis 
trict  of  Columbia  and  the  Capital  within  our 
boundary,  gives  us  an  important  power  and  a 
dangerous  position,  which  not  only  appeal  to  the 
forbearing  consideration  of  other  States,  whose 
interests  might  induce  them  to  seduce  or  force  us 
into  the  ranks  of  secession,  but  equally  to  our 
own  sense  of  dignified  duty  to  the  whole  nation, 
to  ourselves,  and  to  each  of  our  sister  States. 
Thus  estimating  our  posture,  we  are  not  to  halt, 
in  deliberation  over  the  past,  or  in  debating  the 
disobedience  either  of  the  North  or  of  the  South. 
Crimination  and  recrimination  are  of  no  avail.  It 


166 


REBELLION  RECORD,  1860-61. 


is  a  period  like  that  of  17VG,  during  which  Wash 
ington  emphatically  exclaimed,  to  a  hesitating 
American  :  "  I  must  tell  you  in  plain  terms,  that 
at  this  time  a  neutral  character  is  looked  on  as  a 
suspicious  one,  and  I  would,  therefore,  advise  you 
to  leave  a  country  with  the  majority  of  whom  you 
cannot  agree  in  sentiment,  and  who  are  determined 
to  assert  their  liberties  by  the  ways  and  means 
which  necessity,  and  not  the  love  of  war,  has 
obliged  them  to  adopt."  It  is,  fellow-citizens,  a 
period  of  eager  conflict  between  two  elements 
alone — the  element  of  national  protection,  and 
the  element  of  national  destruction.  You  are  sol 
emnly  called  on  to  elect  between  the  two.  You 
are  to  pass  judgment  on  this  issue  alone,  as  a  free 
people.  Day  by  day  the  uncontrollable  "logic  of 
events,"  has  narrowed  the  field  of  controversy. 
All  well-meant  and  patriotic  efforts  of  adjustment 
have  been  made  in  vain.  Patient  men  have  ex 
hausted  hope  in  their  attempts  to  produce  a  peace 
ful  solution,  until  at  last  you  are  sternly  com 
manded,  by  every  manly  principle  of  your  nature, 
to  decide  at  once  between  the  solid  institutions 
framed  by  Washington  and  his  compeers,  under 
which  our  country  has  been  free,  prosperous,  pro 
gressive,  and  powerful,  and  that  illegitimate  do 
minion,  which,  screened  behind  its  assumed  right 
of  constitutional  secession,  is  now  perhaps  ready 
to  reduce  Maryland  to  the  subjection  it  is  at 
tempting  in  Kentucky. 

The  question  of  Maryland  is  the  question  of  the 
nation.  Our  situation  on  the  national  map  makes 
the  interests  of  all  sections  our  interests.  Our 
State,  from  its  nearness  to  the  great  valleys  of 
the  West,  and  by  its  equi-distance  between  the 
Northern  and  Southern  extremes,  is  the  original 
terminus  and  mart  of  internal  exchange,  indicated 
by  nature  herself  in  the  geography  of  the  coun 
try.  Our  grand  system  of  internal  improvements 
has  striven  to  confirm  what  nature  indicated. 
Maryland,  *-n  the  Union,  is  and  must  be  a  great 
central  recepiacle  of  internal  produce  and  foreign 
distribution,  vvhile  Baltimore,  its  capital,  is  the 
great  central  axle  of  a  trade  whose  circumference 
should  touch,  gather,  and  exchange  the  products 
of  every  section.  Our  people  are  the  people  of 
all  sections.  Our  institutions  are  the  institutions 
of  all  sections.  Our  productions  and  industries 
are  the  productions  and  industries  of  almost  ev 
ery  section.  Freedom  and  slavery  mingle  on  our 
soil  in  harmonious  cooperation.  If  the  South  is 
one  of  our  best  purchasers,  it  is  of  the  produc 
tions  of  the  North,  East,  and  West,  and  of  our 
own  industry  and  commerce.  We  plant,  we 
farm,  we  manufacture,  we  navigate,  we  trade. 
And  so,  while  Maryland  is  the  sentinel  of  the 
National  Capital,  every  element  of  State  position, 
State  commerce,  State  labor,  State  strength,  and 
State  progress,  comes  to  us,  unmistakably,  with 
the  broad  stamp  of  national  unity  on  its  front. 

Ingenious  politicians  may  allure  us  by  declar 
ing  that  uthe  instant  Maryland  quits  the  Union, 
Baltimore  will  become  the  New -York  of  the 
Southern  Confederacy."  Trust  no  such  dealers 
in  the  delusive  bribes  of  demagogism.  It  will  be 
u  novelty  in  human  history  for  commerce  to  be 


come  sentimental !  The  strongholds  of  trade  are 
not  built  in  a  day,  nor  are  they  dependent  on  leg 
islation  or  sectional  caprice.  Many  a  year  must 
elapse  before  the  commerce  of  Maryland,  at  the 
tail  of  any  confederacy,  either  Northern  or  South 
ern,  will  restore  confidence  to  its  former  chan 
nels,  and  rewarded  labor  to  the  impoverisheu 
who  are  now  suffering  in  our  midst.  No  new  na 
tion  would  have  the  temerity  to  put  its  chief 
mart,  with  all  its  vast  mercantile  accumulations, 
on  the  margin  of  so  perilous  a  border.  Rather 
would  it  be  screened  behind  the  barriers  of  an 
other  State  and  another  river.  Richmond  and 
Virginia,  not  Baltimore  and  Maryland,  would  at 
tract  the  attention  of  discreet  politicians  and  wise 
capitalists.  Maryland  might  become  a  barrack,  a 
bulwark,  or  a  battle-field,  under  new  organiza 
tions  ;  but  frail  would  be  the  hope  to  restore  our 
Commonwealth,  and  its  capital,  to  even  their  com 
parative  prosperity. 

Nor  is  slavery  to  be  made  more  secure  by  dis 
union.  The  interposition  of  an  invisible,  mathe 
matical  line  between  it  and  freedom,  is  as  flimsy 
as  a  spider's  web,  when  compared  with  the  iron 
grasp  of  constitutional  law  in  the  hands  of  an  inde 
pendent  and  national  judiciary.  Is  there  a  slave 
holder  in  Maryland  prepared  to  hang  the  fifty  or 
sixty  millions  of  property,  possessed  by  his  fel 
low-citizens,  on  such  an  attenuated  film  ?  Other 
States  have  been  called  the  "  Key  stones  "  and 
"Empires"  of  the  Union,  but  well  indeed  has  Mary 
land  been  styled  its  "heart."  You  may  do  but 
two  things  with  that  "  heart ;  "  you  may  let  its 
warm,  natural,  healthful  pulsations  pour  the  life- 
blood  of  loyalty  and  national  industry  through 
every  artery  of  the  Union,  or  you  may  let  it  re 
main  in  the  carcass  of  a  dissevered  nationality  to 
decay  amid  the  sluggish  corruptions  of  disunion. 

Thus  far,  fellow-citizens,  we  have  dealt  with 
this  question  in  what  may  be  considered  its  more 
economical  and  least  patriotic  aspect.  That  as 
pect —  the  interest  of  the  people  of  this  State 
alone — is,  in  our  judgment,  conclusive.  But  sec 
tionalism,  founded  on  State  rights,  peculiar  insti 
tutions,  peculiar  property,  or  peculiar  habits  of 
thought,  is  so  foreign  to  the  people  of  Maryland, 
that  we  are  not  to  be  denied  the  possession  of 
that  larger  patriotism  which  can  only  spring  from 
being  citizens  of  a  great  and  powerful  country. 
This  is  the  habitual,  constitutional  sentiment  of 
Mary  landers.  We  have  never  considered  that  a 
proper  appreciation  of  our  own  interests,  and  the 
protection  of  our  own  property  and  State,  \vere  in 
consistent  with  the  interests  and  the  rights  of  the 
people  of  every  State  of  the  Union.  On  the  con 
trary,  we  have  not  only  regarded  them  as  harmo 
nious,  but  necessary.  Their  very  diversity  of 
labor  and  production  is  the  source  of  strength  in 
unity,  as  the  healthy  assimilation  of  various  food 
is  the  basis  of  human  growth  and  vigor.  Out  of 
such  blended  and  cooperating  elements  springs  a 
great  nationality,  founded  on  community  of  in 
terests,  habits,  governmental  system,  a  common 
power  of  protection,  and  the  recollection  of  a  com 
mon  glory.  There  is  one  thing  which  rises  su 
preme  above  all  others,  in  the  purposes  for  which 


DOCUMENTS. 


167 


the  American  people  live,  for  which  our  fathers 
fought,  as  there  is  but  one  true  cause  in  the 
world,  and  that  is — regulated  and  secure  national 
liberty.  Regular  liberty  can  only  be  sustained 
by  the  permanence  of  constitutional  government, 
and  constitutional  government  can  only  be  sus 
tained  by  its  equal  and  abiding  justice,  enforced 
by  the  inherent  loyalty  of  the  nation.  That,  in 
our  judgment,  is  the  true  patriotic  nationality, 
which  every  man  at  this  period  is  called  upon  to 
defend,  for  ourselves,  among  ourselves,  for  the 
world,  and  against  the  world.  That  is  the  nation 
ality  which  is  shared,  and,  we  believe,  is  loved  by 
the  people  of  Maryland ;  that  is  the  nationality 
which  is  especially  needful  for  this  State;  for, 
without  it,  the  smaller  States,  of  which  ours  is 
one,  might  be  always  subject  to  the  audacious 
combinations  or  caprices  of  the  larger.  No  loyal 
Unionist  in  Maryland,  therefore,  favors  the  abro 
gation  or  derogation  of  the  power,  equality,  or 
rights  of  any  citizen ;  or  of  the  power,  equality, 
or  rights  of  any  State ;  but,  on  the  contrary, 
seeks  to  defend  their  sovereign  security  by  firmer 
guarantees  and  clearer  definitions  in  the  Consti 
tution  itself,  so  as  to  make  that  Constitution  its 
own  and  sole  definer.  No  Unionist  in  Maryland 
bows,  in  submissive  reverence,  to  those  on  either 
side  who  either  disobey  the  Constitution,  or  ma 
liciously  or  incautiously  invade  its  rights.  All 
these  things,  we  believe,  are  already  amply  se 
cured  to  us  by  our  organic  law,  and  will  endure 
as  long  as  it,  and  the  Union  under  it,  last;  but 
when  we  drift  from  that  secure  anchorage,  every 
State,  as  well  as  the  entire  nationality,  is  at  once 
at  sea  upon  a  dark  and  stormy  ocean. 

Then,  fellow-citizens  of  Maryland,  why  should 
we  abandon  this  Constitution  and  the  Union  on 
political  grounds  ?  We  represent  no  party.  We 
speak  for  the  whole  people  ;  for  the  men  of  every 
section.  We  have  nothing  to  do  with  past  issues. 
We  have  nothing  to  do  with  any  party  in  exist 
ence,  or  that  has  ever  existed  in  this  country. 
We  owe  no  allegiance  to  any  administrations  or 
platforms.  We  have  simply  to  ask  ourselves 
one  question,  and  but  one,  as  a  key  to  most  of 
the  questions  involved  in  our  national  troubles  : 
if  Mr.  Breckinridge,  of  Kentucky,  had  been  elect 
ed  President  of  the  United  States,  in  November, 
1860,  would  there  now  be  a  single  man  in  arms 
against  the  Government  of  the  United  States  in 
any  State  of  this  Union  ?  Did  even  South-Caro 
lina  move  in  this  insurrection  until  the  electric 
wires  proclaimed  his  defeat  ?  Is  not  the  Consti 
tution  of  the  United  States  precisely  the  same 
Constitution  in  October,  1861,  that  it  was  in 
October,  1860  ?  Nay,  has  not  a  Congress,  al 
most  devoid  of  Southern  members,  proposed  to 
strengthen  it  by  a  permanent  guaranty  of  the 
institution  of  slavery  ?  Is  not  this  Constitution 
as  binding  on  President  Lincoln  as  it  would  have 
been  on  President  Breckinridge  ?  Can  the  con 
stitutional  election  of  a  President,  in  any  way, 
produce  an  organic  change  of  government  ?  Was 
it  not  known  that  the  President-elect  would  be 
trammelled  by  an  adverse  House  of  Representa 
tives  fresh  from  the  people  ?  Was  it  not  known 


that  a  majority  of  the  Senate,  Democratic  in 
character,  and  jealous  of  all  intrusive  construc 
tions  of  the  Constitution,  would  have  entire  con 
trol  over  his  nominations  and  treaties  ?  Was 
there  ever  an  Executive  of  so  great  a  nation  so 
completely  under  the  watch  and  ward  of  eager 
sentinels  of  the  Constitution  ?  Nay,  were  not 
the  President  and  his  Cabinet — naturally  careful 
of  the  high  fame  and  duty  attache!  to  their  ex 
alted  positions — amenable  even  to  a  higher  tri 
bunal  than  that  of  Congress,  for  were  they  not 
placed  in  power  by  a  minority  of  the  people  ? 
Would  not  the  vigilant  eye  of  the  opposing  ma 
jority,  nerved  by  party  discipline  and  courage, 
have  ever  been  sternly  fixed  on  every  act  of  the 
Executive  and  his  Cabinet?  What,  then,  was 
there  in  the  election  of  a  President  of  opposite 
politics,  chosen,  it  is  true,  by  a  small  majority 
of  States,  but  confronted  by  a  large  and  hostile 
majority  of  voters,  to  disturb  the  patience  of  any 
man  ?  It  is  no  novelty  for  most  of  us  to  endure 
four  years  of  an  adverse  Administration.  We 
have  borne  it  often ;  nay,  some  of  us  have  never 
had  a  President  of  our  choice ;  yet  no  man,  hith 
erto,  thought  of  making  it  at  least  the  occasion, 
if  not  the  motive,  of  revolt.  No  man  thought  of 
it  with  more  fear  for  the  stars  of  our  Union  than 
he  did  of  the  disturbance  of  the  stars  in  heaven 
by  the  intrusive  comet  which  recently  swept 
the  earth  with  its  luminous  tail ! 

A  candidate  was  defeated,  and  secession,  ~by 
States,  began.  They  were  loyal  until  the  scep 
tre  departed,  and  then  commenced  to  rebel  peace 
fully  !  But  to  rebel  against  what?  Against 
alleged  constructions  of  the  Constitution,  not 
against  the  Constitution  itself.  "  We  have 
hanged,"  said  Mr.  Jefferson  Davis  in  his  in 
augural  as  President  of  the  so-called  Confeder 
acy,  at  Montgomery — "  We  have  changed  the 
constituent  parts,  but  not  the  system  of  our  Gov 
ernment.  The  Constitution  formed  by  our  fath 
ers  is  that  of  these  Confederate  States.  In  their 
exposition  of  it,  and  in  the  judicial  construction 
it  has  received,  we  have  a  light  which  reveals  its 
true  meaning." 

Yet,  what  is  there  in  a  mere  apprehended  dan 
ger  of  the  possibility  of  a  future,  and  probably 
remote,  attempt  to  change  the  received  law  ac 
cording  to  the  United  States  Supreme  Court,  to 
justify  a  combination  to  destroy  THE  UNION  of 
the  States  f  How,  fellow-citizens  of  Maryland, 
can  you  be  candidly  asked  by  the  South  to  aban 
don  the  very  instrument  of  our  organic  national 
law,  which  you  now  hold  in  common  with  the 
other  loyal  States,  and  which  that  South  itself 
lias  substantially  reiidopted  for  its  government  ? 
Does  not  the  mere  narration  of  events  exhaust 
ven  the  pretences  upon  which  this  uprising  is 
founded?  Does  not  the  alleged  change  of  "con 
stituent  parts,"  simply  and  alone,  signify  "  con 
stituent  men,"  who  now  appeal  to  a  loyal  country 
to  be  "  let  alone  "  in  their  usurped  power  ? 

We  are  not  unacquainted  with  the  fact,  and 
do  not  mean  to  ignore  it  in  this  paper,  that  the 
South  has  had  cause  for  irritation,  and  perhaps 
some  alarm,  from  partisan  interference  with  ita 


168 


REBELLION   RECORD,  1800-61. 


rights  over  that  species  of  property  on  which  it 
is  mainly  dependent.  We  do  not  ignore  the  fact 
that  the  famous  "  liberty  bills  "  (whose  admitted 
unconstitutionally  rendered  them  not  worth  the 
paper  they  stained)  were  made  one  of  the  causes 
of  separation  by  South-Carolina  in  her  declara 
tion.  Yet,  with  all  these  facts,  tending  as  they 
really  did  to  disturb  confidence  and  good  neigh 
borship,  we  hold  them  inadequate,  as  intolerable 
provocations,  to  justify  the  destruction  of  our  Na 
tional  Confederacy.  The  essence  of  a  Republic  is 
free  discussion,  and  free  discussion  may  annoy,  but 
it  assists  in  attain  ing  right  conclusions.  The  great 
commercial,  financial,  manufacturing,  and  navigat 
ing  interests  of  the  North  are,  from  necessity,  too 
vitally  protective  of  Southern  agriculture  to  do 
anything  but  sustain  it.  Every  interest  of  the 
North  is  really  the  soldier  of  Southern  industry; 
and  if  England,  abolitionist  England,  can  be  so 
licited  and  expected  to  war  with  the  United 
States  for  a  commodity  founded  on  slave  labor 
and  its  chief  support,  what  candid  belief  is  there 
in  the  voluntary  abandonment,  by  the  North,  of 
its  looms,  its  ships,  its  exchange,  its  vast  and 
lucrative  commerce,  all  drawn  from  and  depend 
ent  on  the  identical  basis  ?  Who  can  be  so  il 
logical  or  deluded  as  to  believe  it  ? 

But,  in  your  adherence  to  the  Constitution 
and  the  Union  under  it,  adroit  politicians  seek 
to  bewilder  you  by  side  issues,  which,  whatever 
may  be  their  merit  as  independent  propositions 
in  time  of  peace,  must  now  be  kept  in  strict 
subordination  to  the  great  National  issue.  They 
seek  thus  to  confuse  your  ideas  and  pervert  your 
judgment.  They  approach  you  in  turns  by  rhet 
oric  and  sophistry.  They  assail  the  tender  side 
of  3rour  nature  by  your  sympathies.  They  even 
venture  on  indirect  appeals  to  your  fears ;  and, 
if  all  these  fail,  so  far  forget  themselves  occasion 
ally  as  to  attempt  intimidation. 

Be  firm:  heed  them  not.  Names  are  not 
things.  You  are  not  an  abolitionist  because 
you  loyally  love  the  Constitution  which  Mr. 
Jefferson  Davis  says  is  the  same  as  that  of  the 
Confederate  States.  It  is  nothing  more  than  the 
Constitution  which  he  swore  to  protect  and  obey 
when  he  served  the  Union  in  the  field  and  in  the 
Senate.  You  construe  it  as  your  fathers  con 
strued  it.  Let  no  man  put  words  in  your  mouth. 
You  belong  to  none  of  the  dismal  categories  in 
which  they  would  place  you.  Tell  th  3m,  Mary- 
landers,  that  you  defend  nothing  but  what  you 
announce,  and  frankly  that  you  announce  noth 
ing  but  Union  under  the  Constitution.  If  they 
ask  you  what  you  mean  ?  answer,  "Administra 
tion  like  Washington's  and  construction  like 
Marshall's."  Tell  them  you  will,  at  all  times, 
preserve  a  just  and  manly  balance  between  your 
sympathies  and  your  understanding,  and  that  he 
who  survives  the  free  thought  and  expression  of 
his  country  has  survived  its  dignity  and  lived 
too  long.  Tell  them  you  will  not  be  swept  from 
your  independence  by  restless  discontent  with 
what  is  transient  in  opinion  or  administration, 
and  thus  lose  your  hold  on  what  is  universal 
and  permanent.  Tell  them  if  party  policy  in 


ordinary  times  can  wrongfully  use  fanatical  ele 
ments  as  tools  for  success,  that  success,  when 
assured,  always  becomes  cautious,  and  never  al 
lows  fanaticism  to  control  its  policy.  Tell  them, 
if  there  are  some  lesions  at  the  bottom  of  this 
insurrection,  they  are  not  mortal  or  beyond  the 
surgery  of  patriotic  statesmen  ;  nor  need  they 
kill,  quarter,  and  dissect  the  national  patient  to 
cure  an  irritation.  Tell  them  all  that  is  evil  will 
be  cured,  because  the  future  national  prosperity, 
power,  and  stability  depend  on  such  healing. 
Under  free  institutions  like  ours,  bad  govern 
ment  works  itself  out,  and  good  government 
works  itself  in.  The  national  crisis  we  are  un 
dergoing  *s  of  this  character.  It  is  the  moral 
eruption  of  that  poison  which  political  ambition, 
jealousy,  and  intrigue,  stimulated  by  sudden  and 
unparalleled  opulence,  have  infused  into  the  life- 
blood  of  government.  Let  us  rejoice  in  the  vi 
tality  which  is  still  able  to  expel  the  venom. 
Once  extirpated,  we  shall  breathe  better  and  see 
clearer.  We  shall  perceive,  with  quieter  pulses 
and  less  agitated  nerves,  what  we  may  need. 
We  shall  be  more  just  to  each  other  ;  we  shall 
be  less  sectionally  conceited ;  we  shall  be  more 
tolerant  and  less  meddlesome ;  we  shall  proceed 
to  clearer  definitions  and  boundaries  of  powers 
and  rights ;  we  shall  admit  the  necessitjr  of  the 
constitutional  and  final  settlement  of  every  thing 
which  may  re-create  sectional  contention  ;  we 
shall  learn  that  subordination  to  law  is  in  no 
wise  inconsistent  with  State,  personal,  and  gen 
eral  liberty  ;  we  shall  understand  that  the  law 
guaranties  every  man  the  right  of  opinion,  but 
does  not  make  every  man's  or  every  section's 
opinion  the  law  ;  we  shall  insist  on  administra 
tive  morality  and  accountability ;  we  shall  oblit 
erate  all  possibility  of  questions  as  to  property  : 
and,  at  length,  the  great  people  of  this  Union 
will  become  really  free,  when  they  emancipate 
themselves  from  the  demagogical  combinations  of 
party  conventions,  whose  wicked  dominion  has 
strangled  individual  liberty,  and  almost  destroyed 
a  nation  which  was  the  wonder,  the  model,  the 
hope,  the  glory  of  our  age. 

We  have  but  few  more  words  to  say  to  you, 
fellows-citizens,  but  they  touch  some  things  which 
we  know  are  home  questions  in  your  minds.  Tell 
your  assailants,  Union  men  of  Maryland,  that 
you,  as  Washington  did,  will  denounce  sectional 
ism,  wherever  you  find  it,  and  that  you  will  cul 
tivate  kindness  with  all  honest  men  and  patriots 
of  all  parts  of  the  country  ;  for  you  can  only  mas 
ter  the  evil  passions  of  men  by  sympathising 
with  what  is  virtuous  in  their  natures.  Tell 
them  it  is  false  that  Maryland,  while  loyal  to  the 
Union,  sees,  in  its  persistent  defence,  anything 
like  "coercion"  or  "subjugation,"  of  the  South. 
These  are  words  cunningly  coined  to  alarm  sym 
pathy.  We  are  simply  for  the  law,  as  the  fathers 
made  it ;  every  'man  who  obeys  it  is  our  brother. 
We  have  more  interest  and  right  in  protecting  it 
as  a  substantial  blessing  we  own,  than  others 
have  in  destroying  or  diminishing  it.  "  Coercion  " 
and  "subjugation"  signify  the  infliction  of  laws 
or  dominion  which  the  coerced  and  subdued  had 


DOCUMENTS. 


169 


not  before.  We  pretend  to  no  exercise  of  such 
arbitrary  power.  Obedience  to  the  Constitu 
tion,  and  the  Union  under  it,  is  all  we  insist  on. 
The  moment  it  is  yielded,  love,  tenfold  more  ar 
dent  than  of  old,  takes  the  place  of  present  sor 
row,  and  the  soldier  becomes  the  Samaritan.  Tel 
them  we  have  the  same  rights,  the  same  spirit, 
the  same  pride,  as  they  have  ;  and  that  they  who 
fired  the  first  gun  at  the  American  flag,  shall  not 
"  coerce  "  us — shall  not  "  subdue  "  us ! 

For  these  reasons,  fellow-citizens,  of  Maryland, 
we  call  on  you  to  support  our  candidates  at  the 
next  election.  As  yet  we  have  no  absolute  op 
position,  on  any  definite  system  of  policy.  A 
Convention  resently  assembled  in  Baltimore,  on 
what  was  called  a  platform  of  peace :  yet,  so  far 
as  we  are  informed,  it  adjourned  without  disclos 
ing  a  practical  plan,  official  or  otherwise,  for  the 
successful  attainment  of  that  blessed  boon. 

If  by  peace  they  mean  a  simple  cessation  of 
war  by  a  return  of  the  opposing  soldiers  to  their 
customary  avocations  at  home,  we  confess  our  in 
ability  to  discern,  in  such  an  act,  any  solution  of 
the  national  difficulty.  It  wrould  be  rather  an  ab 
stinence  from  present  conflict  than  a  pledge  of 
permanent  peace.  It  would  be  merely  a  sympa 
thetic  response  to  whomsoever,  on  either  side, 
wishes  to  be  "  let  alone" 

If  they  mean  that  the  withdrawal  is  to  be  accom 
panied  by  a  recognition  of  the  Southern  Confed 
eracy,  it  would  be  an  assent  to  the  doctrine  of  the 
right  of  secession,  for  which  no  loyal  man  is  ready ; 
or  a  more  palpable  admission  of  the  fact,  that  what 
we  and  the  world  once  believed  a  great  nation  is 
nothing  but  a  wretched  mass  of  voluntarily  di 
vorced  materials,  unentitled  to  the  confidence  and 
unworthy  the  respect  of  mankind.  Peace  parties, 
in  our  judgment,  at  this  time  —  much  as  all  men 
deprecate  war  —  seem  to  us, not  even  empirical 
palliatives.  If  they  mean  anything  among  states 
men,  they  mean  recognised  disunion.  We  have 
no  toleration  of  voluntary  severance  in  order  to 
come  together  again  at  new  altars  and  under 
other  priests  !  The  marriage  of  the  divorced  is 
a  dismal  wedlock  ;  nor  is  there  a  word  of  cheer 
ing  or  promise  from  the  Southern  leaders  that 
such  a  reunion  would  eve?i  he  tendered  !  There  is 
a  point,  in  this  mew  of  the  question,  which  is  ex 
ceedingly  important  to  Maryland.  The  oldest 
and  most  experienced  of  our  National  Journal 
ists  has  lately  observed  in  his  columns,  that  "  it 
is  understood  the  so-called  Peace  party,  in  the 
State  of  Maryland,  is  organized  for  the  single  ob 
ject  of  promoting  an  immediate  cessation  of  hos 
tilities  between  the  seceded  States  and  the  Gene 
ral  Government As  peace,  declared  at 

this  moment  between  the  high  belligerent  parties 
had  in  contemplation  by  the  friends  of  this  move 
ment  in  Maryland,  would  have  for  its  inevitable 
effect,  to  leave  that  good  old  State  in  political  fel 
lowship  with  the  North,  and  in  political  isolation 
from  the  South,  are  we  to  understand  that  it  is 
part  of  the  policy  and  aspirations  of  this  peace  par 
ty  to  accept  the  final  and  perpetual  alienation  of 
Maryland  from  her  sister  slaveholding  States  ?  If 
so,  the  Maryland  Peace  party  appears  to  be  more 


essentially  Northern  in   its  aims  than  has  been 
generally  supposed. 

WE,  TOO,  ARE  FOR  PEACE  ;  lut  we  are  for  some 
thing  more  —  we  are  for  PEACE  AND  UNION  ;  he- 
cause  it  is  our  conscientious  conviction  that  there 
can  he  no  enduring  peace  without  Union.  No 
sisters  of  this  family  can  make  runaway  marria 
ges  beyond  the  seas  !  None  of  them  can  leave 
their  home,  petulantly,  for  protection  abroad ; 
nor  can  anything  but  sudden  and  unappeasable 
passion  account  for  recent  acts  which  disown  the 
AMERICAN  POLICY  of  Washington  and  his  most  il 
lustrious  successors. 

Finally,  we  believe  in  the  inherent  right  and 
duty  of  all  free  governments  to  protect  them 
selves.  We  believe,  also,  in  the  revolutionary 
power  and  duty  of  all  people  against  clear  acts 
of  intolerable  oppression.  But  we  do  not  believe 
in  the  power  of  these  States  to  sign  their  own 
death-warrant.  No  men,  sooner  than  the  South 
rons,  would  despise  such  acts  of  whimpering 
abandonment.  Their  course  is  ruled  by  other 
and  bolder  counsels.  Our  forefathers,  in  making 
the  Constitution,  perhaps,  inserted  no  power  for 
the  armed  and  sudden  protection  of  Government, 
because,  like  the  law-givers  of  old,  they  believed 
no  law  necessary  to  guard  against  patricide.  Such 
power  must  be  inherent,  else  all  idea  of  govern 
ment,  in  a  national  sense,  is  a  mockery  in  our  re 
lations  to  the  great  powers  of  the  earth.  We  do 
not  believe  that  the  only  unwritten  or  reserved 
powers  in  the  Constitution  are  the  rights  of  a 
revolutionary  character.  If  such  rights  exist 
therein, the  co-relative  powers  of  protection  coex 
ist.  We,  who  are  zealously  seeking  to  confirm  our 
national  Union,  the  rights  of  the  people,  and  the 
perfect  equality  of  all  the  States  of  the  Union,  con 
sider  it  our  duty  to  look  at  the  questions  from 
every  point  of  view.  The  centralism  of  Maryland 
— the  clasp  of  that  national  belt  which  girdles  and 
still  holds  together  the  Union  —  gives  it  a  calm 
ness  which,  in  the  estimation  of  candid  persons, 
should  entitle  its  judgment  to  the  respect  due  to 
mpartiality.  If  we  were  anything  else  but  what 
we  are,  we  might  become  sectional ;  but  section 
alism  in  Maryland,  among  the  masses  of  think- 
~.ng  men,  is  impossible.  Indeed,  sectional  enmi 
ties  among  a  free,  homogeneous  people,  are  spu- 
-ious.  They  are  the  counterfeits  with  which 
jolitical  demagogues  cheat  the  simple.  Here 
;he  tides  of  opinion,  from  North,  West,  and 
South,  mingle ;  but  they  do  not  stagnate.  Sur- 
eying  them  all,  from  all  points,  surging  as  they 
are  at  present,  we  observe  their  passionate  wrath 
with  earnest  sorrow,  but  they  do  not  tear  or  stir 
us  from  our  anchorage  on  the  Constitution,  %ud 
our  honored  flag  is  still  at  the  peak,  Union  up, 
and  every  star  on  it ! 

By  order  of  the  Union  State  Central  Commit- 

e,  BRANTZ  MAYER, 

President. 

JOHN  B.  SEIDENSTRICKER, 

Vice-PrcsideBl, 

JAMES  L.  PARR, 

Secretary. 

FREDERICK  FICKEY,  Jr., 

Treasurer  and  Secretary. 


170 


REBELLION  RECORD,  1360-61. 


Doc.  25. 
GOV.    CONNOLLY'S    PROCLAMATION. 

ORGANIZING    THE    MILITIA    OF    NEW-MEXICO. 

Whereas,  This  Territory  is  now  invaded  by  an 
armed  force  from  the  State  of  Texas,  which  hi,s 
taken  possession  of  two  forts  within  the  limits  of 
the'  Territory,  has  seized  and  appropriated  to  its 
own  use  other  property  of  the  General  Government, 
and  has  established  military  rule  over  the  part 
already  invaded;  and, 

Whereas,  There  is  every  reason  to  believe  it  is 
the  intention  of  the  said  force  to  pursue  its  ag 
gressions  further,  and  establish  the  same  military 
rule  over  the  balance  of  the  Territory,  and  sub 
ject  us  to  the  dominion  and  laws  of  the  govern 
ment  of  Texas ; 

And,  whereas,  by  section  43  of  an  act  of  the 
Legislative  Assembly,  approved  January  6,  1852, 
it  is  provided  that  "  in  case  of  an  insurrection,  re 
bellion  or  invasion,  the  Governor  shall  have  power 
to  organize  and  call  out  the  militia  for  the  service 
in  such  numbers,  and  from  such  districts  as  he 
may  think  proper :" 

Now,  therefore,  I,  Henry  Connolly,  Governor 
of  the  Territory  of  New-Mexico,  by  the  authority 
in  me  vested,  do  hereby  issue  this  my  Proclama 
tion,  ordering  the  immediate  organization  of  the 
militia  force  in  the  different  counties  in  this  Ter 
ritory,  and  calling  upon  all  officers,  civil  and  mili 
tary,  to  begin  at  once  this  organization.  To  effect 
this  object,  the  field  officers  provided  for  by  the 
said  militia  law  will  be  immediately  appointed. 
The  Adjutant-General  of  the  militia  of  the  Terri 
tory  is  hereby  ordered  to  carry  this  Proclamation 
into  immediate  effect. 

Citizens  of  New-Mexico,  your  Territory  has 
been  invaded,  the  integrity  of  your  soil  has  been 
attacked,  the  property  of  peaceful  and  industrious 
citizens  has  been  destroyed  or  converted  to  the 
use  of  the  invaders,  and  the  enemy  is  already  at 
your  doors.  You  cannot,  you  must  not,  hesitate 
to  take  up  arms  in  defence  of  your  homes,  fire 
sides  and  families.  Your  manhood  calls  upon  you 
to  be  on  the  alert,  and  to  be  vigilant  in  the  pro 
tection  of  the  soil  of  your  birth,  where  repose  the 
sacred  remains  of  your  ancestors,  and  which  was 
left  by  them  as  a  rich  heritage  to  you,  if  you  have 
the  valor  to  defend  it.  I  feel  that  I  appeal  not  in 
vain  to  those  who  love  the  land  of  their  fathers — 
a  land  that  has  been  the  scene  of  heroic  acts  and 
deeds  of  noble  daring,  in  wars  no  more  patriotic 
than  that  for  which  preparations  are  now  being 
made.  As  your  ancestors  met  the  emergencies 
which  presented  themselves  in  reclaiming  your 
country  from  the  dominion  of  the  savage,  and  in 
preparing  it  for  the  abode  of  Christianity  and  civil 
ization,  so  must  you  now  prove  yourselves  equal 
to  the  occasion,  and  nerve  your  arms  for  the  ap 
proaching  conflict. 

He  whose  heart  beats  with  no  patriotic  impulse 
in  times  of  danger,  deserves  not  a  patria,  and 
should  be  treated  as  an  enemy  to  his  country. 
Of  these,  I  trust  there  are  few,  if  any,  among 
us ;  but  he  that  now  falters  when  every  energy 


that  exists  in  the  patriotic  heart  should  be  brought 
into  requisition  for  the  purpose  of  repelling  an  in 
vading  foe,  will  in  future  be  pointed  at  with  de 
rision  as  an  Arnold  or  as  a  Lynde. 

Done  at  Santa  Fe  this  ninth  day  of  September, 
in  the  year  eighteen  hundred  and  sixty-one. 
By  the  Governor,  HENKY  CONNOLLY. 

M.  A.  OTERO, 

Secretary  of  New-Mexico. 


Doc.  26. 
ADDRESS   OF   HENRY   WINTER  DAVIS, 

DELIVERED    AT    BALTIMORE,    ON     WEDNESDAY    EVEN 
ING,    OCTOBER    16,    1861. 

The  President,  Job  Smith,  Esq.,  introduced  the 
Hon.  Henry  Winter  Davis.  [Applause.] 

Mr.  DAVIS  :  Mr.  President  and  fellow-citizens 
of  the  United  States,  [applause,]  time  and  events, 
the  great  instructors,  have  dispelled  many  a  de 
lusion,  stripped  off  many  a  mask,  and  reduced 
to  certainty  many  things  about  which  men  some 
months  ago  might  have  ventured  to  doubt.  "Who 
now  talks  of  reconstruction  as  the  purpose  of 
secession  ?  Who  now  talks  of  peaceful  seces 
sion  ?  Who  now  dreams  of  secession  as  a  con 
stitutional  right  to  be  determined  at  the  bal 
lot-box  and  to  be  acquiesced  in — now  that  in 
vading  armies  are  trampling  down  the  soil  of 
Kentucky  and  marching  through  and  through 
the  territory  of  Missouri,  in  spite  of  the  repeat 
edly  expressed  will  of  their  people?  The  mask 
of  hypocrisy  has  been  stripped  from  those  pre 
tences. 

There  have  been  expectations,  likewise,  dis 
appointed.  There  were  those  who,  when  they 
raised  the  standard  of  rebellion  against  the  Gov 
ernment  of  the  United  States,  fondly  supposed 
that  Cotton  was  King.  [Laughter.]  They  dreamed 
that  his  upstart  majesty  would  bring  to  their 
knees  Great  Britain  and  France,  incapable  of 
controlling  their  laboring  population  without  that 
aliment  of  their  industry.  They  dreamed  that 
if  a  blockade  should  interpose  an  obstruction  to 
the  free  exit  of  cotton,  English  and  French  fleets 
would  sweep  the  ships  of  the  Union  from  before 
the  Southern  ports ;  that  if  armies  of  invasion 
should  venture  to  touch  u  the  sacred  soil  "  of  the 
cotton  field,  that  imperative  necessity  would  re 
quire  that  England  and  France  should  retaliate 
by  blockading  Boston  and  New-York,  and  that  if 
these  gentle  measures  were  not  sufficient,  their 
armed  intervention  here  would  be  required  to 
secure  them  peace  at  home.  Whether  the  six 
months  during  which  this  contest  has  progressed, 
have  been  sufficient  yet  to  remove  these  delusions 
from  the  minds  of  those  who  fondly  reposed  in 
them  as  a  source  of  strength,  you  now  can  judge. 
Nay,  those  who  led  in  that  rebellion,  misled  their 
deluded  fellow-citizens  into  supposing  that  it  was 
not  an  organized  resistance  to  the  Government  in 
only  one  portion  of  the  Union,  but  that  disinte 
gration  had  wrought  its  work  from  one  end  to  the 
other  of  the  Republic,  and  that  whenever  there 
should  be  any  attempt  on  the  part  of  the  Gov 


DOCUMENTS. 


171 


ernment  to  strike  a  blow  for  the  maintenance  of 
its  integrity,  it  would  not  be  the  rebellious  States 
of  the  South  alone  that  would  have  to  meet  the 
brunt  of  the  contest,  but  that  "  the  Northern 
myrrrjdons  of  Abraham  Lincoln,"  [laughter,]  his 
"  hireling  men  "  sent  to  trample  down  the  South 
would  be  met,  arrested,  and  overthrown  by  the 
faithful  Democrats  of  the  North,  [laughter] — 
subservient  for  a  long  generation  to  Southern  dic 
tation,  as  they  fondly  supposed  their  allies,  not 
merely  in  the  pursuit  of  political  power  by  the 
ballot-box,  but  also  in  arms  of  rebellion  having 
no  purpose  but  to  elevate  some  man  to  power, 
who  might  share  the  plunder  with  them — and 
ready  to  imbrue  their  hands  in  their  neighbors' 
blood  rather  than  allow  insurrection  to  be  sup 
pressed  by  military  power.  [Applause.]  It  is 
probable  that,  however  any  other  delusion  may 
still  cling  around  their  vision,  that  one  at  least 
has  faded  away. 

And  then,  fellow-citizens,  events  have  taught 
us  something  more.  Men  have  waked  from  the 
dream  of  that  millennium  of  a  Southern  Republic 
peaceful  in  guise,  merciful  in  disposition,  resting 
upon  the  unconstrained  will  of  its  people,  carry 
ing  out  an  industrial  theory,  amid  its  patriarchal 
institutions  coercing  nobody,  doing  violence  to 
nobody,  peacefully  pursuing  its  commercial  and 
industrial  interests!  They  who  so  dreamed,  and 
so  spoke,  and  felt  a  soft  inclination  towards  "our 
Southern  brethren,"  have  had  some  rather  rude 
instruction  upon  that  topic.  [Laughter.] 

They  have  inaugurated  instead,  an  era  of  con 
fiscations,  proscriptions,  and  exiles.  Read  their 
acts  of  greedy  confiscation,  their  law  of  proscrip 
tion  by  the  thousand.  Behold  the  flying  exiles 
from  the  unfriendly  soil  of  Virginia,  Tennessee 
and  Missouri.  Andrew  Johnson  an  exile  from 
Tennessee!  [Applause.]  Emerson  Etheridge 
[great  applause]  dare  not  go  home  for  fear  of  ar 
rest,  prosecution,  and  death  by  the  hangman — 
if  the  swifter  and  more  congenial  assassin  leave 
him  to  their  mercy.  Thomas  A.  R.  Nelson 
seized  on  his  transit  to  the  capital  of  the  United 
States,  incarcerated,  and  compelled  by  threats  to 
his  life  to  forego  the  allegiance  to  his  native  land. 
John  S.  Carlisle  [great  applause]  pursued  by  a 
writ  for  his  arrest  because  he  would  not  be  a 
traitor.  And  the  partisans  in  Maryland  of  the 
men  who  do  these  things  make  our  streets  hide 
ous  with  their  howl  about  "oppression,"  and  in 
voke  all  the  principles  of  the  Constitution  that 
their  allies  have  spent  now  nearly  a  year  in  mak 
ing  a  dead  letter,  to  secure  their  immunity  here 
and  convert  this  heaven  into  their  hell.  [Ap 
plause.] 

Fellow-citizens,  these  events  have  worked  an 
other  and  a  remarkable  change  here.  They  have 
disposed  of  nearly  the  whole  of  that  wretched 
class  of  middle  men ;  men  who  are  secessionists 
with  Union  proclivities,  [laughter ;]  or  Unionists 
with  secession  proclivities,  [laughter ;]  men  who 
are  for  the  Union  and  against  coercion,  [laugh 
ter;]  who  are  opposed  to  the  dissolution  of  the 
Union  and  equally  opposed  to  having  it  main 
tained,  who  think  the  Government  ought  to  as 


sert  its  authority  if  men  will  submit  to  it,  but  if 
not,  that  it  ought  to  submit  to  them  ;  men  who 
think  that  rulers  do  bear  the  sword  in  vain — 
men  who  confess  with  a  sigh  their  allegiance  to 
the  Government,  but  that  their  hearts  are  with 
the  South  ;  the  men  of  compromise,  the  men  of 
concessions,  the  men  of  "Southern"  feelings, 
the  men  of  "Southern"  proclivities  and  sympa 
thies  and  inclinations.  All  that  class  of  men 
who  concealed  their  treasonable  purposes  under 
the  flimsy  disguises  that  recently  deluded  our  peo 
ple,  no  longer  deceive  any  one.  The  enemy  is 
at  the  door,  and  the  people  of  Maryland  know 
that  they  who  are  not  their  friends  are  their  ene 
mies,  ["That's  so."  Applause;]  that  they  wno 
are  not  upon  the  side  of  the  Government  are 
against  it,  ["That's  so;"]  that  they  who  are  not 
for  repelling  the  invader  mean  to  invite  him  here  ; 
that  they  who  do  not  wish  the  rebellion  stamped 
out  in  Virginia  mean  that  it  shall  cross  the  Poto 
mac  into  Maryland  ;  they  who  do  not  wish  Mc- 
Clellan  to  winter  in  New-Orleans,  want  Jefferson 
Davis  to  winter  in  Baltimore.  They  have  known 
all  along,  and  we  know  now,  even  the  most 
doubting  of  us,  as  well  as  they  know,  who  are 
our  enemies  and  who  are  our  friends ;  and  if  we 
have  treated  some  of  our  enemies  to  their  deserts, 
let  not  those  who  walk  at  large  and  insult  the 
mercy  of  the  Government  suppose  that  there  is 
any  impassable  barrier  between  them  and  the 
companionship  of  their  friends.  [Great  applause.] 
They  have  no  right  to  complain.  In  the  face  of 
the  mercy  of  the  Government  which  they  per 
petually  abuse,  they  insolently  meet  patient  Union 
men  upon  the  corners  of  the  streets,  in  their 
counting-rooms,  and  in  the  parlor,  and  on  the 
Merchants'  Exchange,  and  wherever  men  "most 
do  congregate,"  and  whilst  they  writhe  under 
the  blow  that  has  stricken  them  down  here  and 
taken  from  them  the  fruits  of  their  treason  be 
fore  they  could  fully  enjoy  them,  their  only  com 
fort  is  to  appeal  to  the  future,  to  promise  retribu 
tion,  to  intimate  that  assassination  may  cut  short 
those  who  treat  them  as  traitors ;  that  if  ever 
they  get  the  upper  hand  the  lamp-post  will  be 
graced  by  individuals  that  they  name ;  that  they 
will  not  be  as  insanely  merciful  as  the  Govern 
ment  of  the  United  States  is ;  and  these  things 
while  they  venture  to  impeach  the  Government 
for  harsh  and  oppressive  measures  ! 

Gentlemen,  we  have  great  patience.  With  the 
liberty  of  every  one  of  these  individuals  in  the 
grasp  of  the  Government  if  it  choose  to  close  the 
hand  upon  them,  with  their  lives  at  our  mercy 
if  we  only  choose  to  invoke  their  precedent  and 
set  loose  the  mob  that  they  organized  upon  the 
nineteenth  of  April — with  the  example  of  their 
avowed  confederates,  who  have  exiled  our  friends, 
confiscated  their  property,  outraged  and  scourged 
our  flying  sisters — with  these  provocations,  these 
men  have  so  little  of  prudence  or  such  profound 
conviction  that  loyal  men  differ  from  traitors  in 
that  they  execute  the  law  in  mercy  and  forbear 
ing  kindness — these  men  venture  to  tell  us  that 
our  time  will  come  when  they  get  the  uppermost. 
I  doubt  not,  gentlemen,  but  when  ?  [laughter.] 


172 


REBELLION   RECORD,  1860-61. 


When?  u Two  weeks"  has  been  the  period  of 
expectation  of  the  prophets  of  the  Southern  mil 
lennium  for  the  last  six  months,  [great  laughter,] 
and  still  time  drags  slowly  on  to  the  moveable 
feast  of  the  Secession.  Two  weeks  is  marked  for 
the  crossing  of  the  Potomac  from  day  to  day : 
and  still  the  water  rolls  on  unpolluted  by  a  trai 
tor's  foot.  [Applause.]  Nay,  it  is  even  said  that 
gentlemen  traitors,  of  delicate  breeding  and  aris 
tocratic  pretensions,  whose  patriotism  always  as 
sumes  the  form  of  a  supper,  [laughter,]  have  al 
ready  spoiled  one  through  the  watches  of  one 
long  wearisome  night  in  the  vain  expectation 
that  the  lips  of  the  Deliverer  might  taste  their  wine. 
[Laughter.]  Will  these  prophets  tell  us  when  ? 

Fellow-citizens,  the  time  for  doubting  men  has 
gone  ;  even  the  time  for  "peace"  men  has  gone. 
[Laughter.]  They  have  invoked  everything  else, 
and  now  they  can  scarcely  find  advocates  to  in 
voke  peace.  "Blessed  peace"  goes  begging  in 
the  midst  of  this  warlike  state.  u  Blessed  peace  " 
can  find  no  advocates  now  that  her  advocates 
are  incarcerated.  "Blessed  peace"  is  no  argu 
ment  to  urge  now  in  the  presence  of  embattled 
hosts.  And  why  ?  Not  because  there  are  not 
people  who  want  peace ;  peace,  accompanied  even 
with  the  triumph  of  the  traitors ;  peace  at  the 
expense  of  the  integrity  of  the  Government ; 
peace  at  the  cost  of  every  interest  of  the  State 
of  Maryland ;  peace,  though  it  soil  our  national 
escutcheon  with  degradation  and  defeat.  There 
are  men  who  will  crawl  in  the  dirt  still  for  peace  ; 
but  there  is  nobody  now  who  can  be  deluded 
into  believing  that  peace  means  anything  but  hu 
miliation,  disgrace,  degradation,  national  dissolu 
tion,  the  end  of  the  Republic,  the  beginning  of 
the  scorn  and  contempt  of  the  world.  [Great 
applause.]  Ye  men  of  Maryland  who  will  crawl 
to  the  altar  of  peace,  crawl  there ;  but  ye  men 
of  Maryland,  who  remember  that  your  forefathers 
thought  seven  years  of  war  better  than  peace 
with  submission  and  degradation,  I  appeal  to 
you  here  this  night  to  revive  the  recollection  of 
those  great  days,  and  act  upon  their  inspiration. 
[Great  applause.] 

And  Maryland,  too,  is  she  disloyal?  [No,  no.] 
There  are  those  who  say  so.  There  are  those 
who  say  so  in  our  State ;  there  are  those  who  say 
so  abroad ;  there  are  those  in  power  who  believe 
it,  and  there  are  those  who  are  not  in  power,  but 
who  skulk  about  in  the  darkness  of  the  alleys  of 
this  great  city,  and  carry  whispering  to  the  ear 
of  power  their  slanders  on  their  fellow-citizens, 
or  spread  them  broadcast  by  the  press  all  over 
the  country,  until  Maryland  stands  almost  in  as 
ill-repute  as  if  she  had  lifted  her  hand  in  arms 
against  the  Government  that  she  adores  and  will 
maintain  ;  and  because  of  one  deplorable  and  hu 
miliating  event,  the  result  of  weakness  in  some 
of  our  rulers  and  of  treachery  in  others,  there  are 
those  in  one  great  region  of  this  country  who 
treat  the  State  of  Maryland  as  the  whole  South 
lately  treated  the  whole  North.  The  time  was 
when  one  fanatic,  inflamed  by  hatred,  started  out 
to  make  war  upon  the  State  of  Virginia  and  set 
its  negroes  free,  with  twenty  men  at  his  back. 


[Laughter.]  He  was  seized  and  hung.  All  the 
South,  with  one  acclaim,  laid  that  dastardly  and 
crazy  deed  at  the  door  of  every  man  throughout 
the  great  regions  of  the  civilized  and  Christian 
North ;  and  there  wras  no  voice  from  the  South  in 
the  House  of  Representatives  but  one,  and  that 
one  ventured  it  at  the  peril  of  his  political  exist 
ence,  to  defend  the  North  from  that  imputation. 
[Applause.]  And  now  the  city  in  which  he  lives 
has  yet  to  find  one  defender  in  all  the  region  of 
that  North,  from  complicity  with  the  equally  das 
tardly  crime  of  the  nineteenth  of  April.  [Ap 
plause.]  Great  masses  of  men,  when  their  pas 
sions  are  aroused,  and  when  the  judgment  is 
asleep,  when  great  events  are  transpiring,  forget 
the  rules  of  justice  and  of  discrimination,  and  one 
portion  of  the  country  is  just  as  liberal  and  just 
as  illiberal  as  the  other  under  analogous  circum 
stances.  I  have  defended  my  fellow-citizens  of 
the  North.  I  can  venture  now  to  defend  my  fel 
low-citizens  of  Maryland,  and  demand  to  be  heard 
elsewhere  than  here.  [Applause.] 

Is  Maryland,  then,  disloyal  ?  Has  she  ever,  for 
a  moment,  hesitated  even  ?  It  is  more  than  can 
be  said  for  any  other  State  south  of  Mason  and 
Dixon's  line,  but  Delaware.  Have  the  people  of 
Maryland  ever  hesitated  as  to  the  side  they  should 
take  in  this  great  struggle  ?  ["  No,"  "  no."]  Did 
she  hesitate  when  the  Commissioners  from  Ala 
bama  and  from  Mississippi  sought  to  associate 
her  to  the  plotting  of  their  treason  ?  Did  she 
hesitate  wrhen  her  Governor  resolutely  for  three 
decisive  months  refused  to  convene  her  traitorous 
Legislature,  [applause,]  lest  they  might  plunge  her 
into  the  vortex  of  rebellion  ?  Did  she  ever  hesi 
tate  when  cunning  politicians  pestered  him  with 
their  importunities,  when  committees  swarmed 
from  every  disloyal  quarter  of  the  State,  when 
men  of  the  first  position  sought  him  and  attempt 
ed  to  browbeat  him  in  his  mansion  ?  Did  she 
swerve  when  they,  failing  to  compel  him  to  call 
the  Legislature,  attempted  the  vain  formality  of 
a  mock  vote  throughout  the  State  to  call  a  sover 
eign  Convention  by  the  spontaneous  voice  of  the 
traitors  of  Maryland?  Did  they  hesitate  when 
in  almost  every  county,  even  in  those  counties 
which  were  strongly  secession,  at  the  election  for 
that  Convention,  the  disloyal  candidates  were 
either  defeated  or  got  votes  so  insignificant  as  to 
create  nothing  but  disgust  and  laughter  through 
out  the  State?  Did  they  hesitate  when  that 
wretched  remnant  of  a  Convention  met  here  amid 
the  jeers  and  the  scoffs  of  the  people  of  Baltimore, 
at  the  Maryland  Institute — to  do  nothing  and  go 
home?  What  was  it  that  enabled  the  Governor 
to  resist  the  pressing  applications  for  the  convo 
cation  of  the  Legislature  ?  Are  we  to  suppose 
that  he  had  courage  and  resolution  to  face  down 
and  overbear  the  will  of  the  great  majority  of 
the  people  of  Maryland  ?  Or  was  it  not  because, 
knowing  the  people  who  had  elected  him,  their 
temper  and  their  purposes,  he  felt  that  however 
severe  the  pressure  might  be  on  him,  where  qne 
person  sought  the  meeting  of  the  Legislature, 
there  were  thousands  who  stood  by  him  in  his 
refusal  to  coi  voke  them.  [Applause.] 


DOCUMENTS. 


173 


Gentlemen,  if  the  country  will  only  go  back  to 
that  critical  period,  the  period  of  the  opening  of 
the  electoral  votes  in  the  House  of  Representa 
tives,  in  February,  and  the  inauguration  of  the 
President  on  the  Fourth  of  March,  they  who 
know  most  about  that  period  will  know  best  that 
the  destiny  of  .the  capital  of  the  United  States 
lay  in  the  hollow  of  the  hand  of  Maryland  !  And 
had  Maryland  been  then  as  people  now  presump 
tuously  assert  that  she  is,  Abraham  Lincoln  might 
have  taken  the  oath  before  a  magistrate  in  the 
corner  of  some  magistrate's  office  in  Pennsylva 
nia,  but  he  would  not  have  been  then  inaugurated 
where  his  predecessors  were  inaugurated,  in  the 
august  presence  of  the  capital  of  the  country.  I 
pray  gentlemen  to  reflect  when  they  think  of  sub 
sequent  events,  that  if  disloyalty  had  lain  as  a 
cankering  worm  at  the  heart  of  Maryland,  then 
was  her  time.  She  could  have  made  something 
by  being  false  then.  She  could  have  presented 
herself  before  her  Southern  sisters,  dowering 
them  with  the  capital  of  the  country ;  and  there 
was  no  power  that  could  have  prevented  that  gift, 
however  the  returning  tide  of  events  might  have 
shown  it  to  be  as  unwise  as  it  was  treacherous. 

Then,  fellow-citizens,  what  next?  The  bom 
bardment  of  Fort  Sumter,  the  uprising  of  the 
North,  the  call  for  troops  which  Marylanders 
stood  ready  to  respond  to,  [applause,]  when  their 
ardor  was  damped  by  the  proclamation  of  the 
Governor,  and  the  disloyal  Mayor  of  Baltimore — 
not  the  disloyal  Governor,  but  the  Governor  and 
the  disloyal  Mayor  of  Baltimore,  ["that  is  it,"]  in 
forming  the  people  that  no  troops  should  be  sent 
out  of  the  State  of  Maryland  for  any  other  pur 
pose  than  the  defence  of  the  capital.  That  was 
the  equivalent  of  telling  the  traitors  of  Mar}dand 
that  the  loyal  men  of  Mar}Tland  were  afraid  to  do 
do  their  duty,  and  they  acted  upon  it  instantly. 
That  proclamation  appeared  upon  the  eighteenth 
of  April,  and  on  the  very  evening  of  that  day  was 
held  the  meeting  at  which  Parkin  Scott,  and  Mr. 
Carr,  and  Mr.  Burns,  and  other  men  of  that  stamp, 
prepared  the  hearts  of  the  mob  for  the  nineteenth 
of  April.  ["True."]  And  then,  gentlemen,  came 
that  eternal  stain  upon  the  memory  of  those  en 
gaged  in  it — not  a  stain  upon  the  memory  of  Bal 
timore — not  a  stain  upon  the  memory  of  her  loyal 
Governor— not  a  stain  upon  the  memory  of  her 
disarmed  loyal  citizens — a  stain  upon  those  who 
vilely  an$  perfidiously  perverted  the  trust  given 
to  them  by  the  people  of  Maryland  for  the  preser 
vation  of  the  peace  of  this  city,  into  an  instrument 
of  revolution,  treacherously  begun,  treacherously 
carried  on  until  it  fell  before  the  scorn  and  wrath 
of  the  people  of  Maryland. 

Then,  gentlemen,  the  Governor,  with  the  com 
missions  already  signed,  lying  upon  his  table, 
with  the  officers  standing  around  him  waiting  to 
receive  their  commissions — the  Governor,  sudden 
ly  smitten  by  an  inexplicable  terror,  forgetting 
that  the  majority  of  the  people  of  Baltimore  were 
loyal  and  were  around  him,  and  if  summoned 
could  support  and  would  support  him  ;  forgetting 
that  on  Federal  Hill  the  v^ry  night  before,  even 
after  his  damaging  proclamation  of  the  eighteenth, 
SUP.  Doc.  11 


when  some  traitors  attempted  to  raise  a  secession 
flag  there,  the  loyal  workingmen  pulled  it  down 
and  tore  it  to  tatters,  [great  applause  ;]  forgetting 
that  these  men  were  within  five  minutes'  walk  of 
where  he  sat,  and  that  their  breasts  were  such  a 
protection  as  all  the  secessionists  of  Baltimore 
could  not  have  marched  over  to  assail  him ;  for 
getting  that  the  voice  of  authority  can  paralyze  in 
its  incipient  stages  civil  outbreak ;  forgetting  the 
great  example  of  which  history  gives  us  so  many, 
more  especially  forgetting  the  great  example  ol 
Cardinal  Richelieu,  when  the  enemy  was  almost 
at  the  gates  of  Paris,  and  the  populace  of  Paris 
thought  it  was  there  through  his  neglect,  and 
were  calling  for  his  blood,  the  old  Cardinal  un 
armed  and  without  guards,  went  to  the  Hotel  d6 
Ville,  in  the  midst  of  the  excited  and  infuriated 
multitude,  and  besought  them  to  come  to  his  aid 
and  not  to  his  overthrow,  and  every  rebellious 
arm  sank  before  his  patriotic  appeal ;  forgetting 
great  examples  like  these,  the  Governor,  failing 
to  rise  to  the  height  of  the  occasion,  went  to  the 
Hotel  de  Ville,  and  threw  himself  into  the  arms 
of  his  enemies,  and  became  from  that  time  but 
their  instrument;  graced  by  his  presence  their 
disloyal  and  degrading  meeting ;  stood  in  their 
midst  whilst  they  uttered  disloyal  sentiments ; 
uttered  no  word  of  disapprobation  when  they — 
the  Mayor  at  their  head — falsified  events  that  had 
occurred  under  their  own  eyes  that  day,  and  al 
lowed  them  to  treat  as  an  assault  on  the  people 
of  Baltimore  the  act  of  self-defence  of  our  fellow- 
citizens  of  Massachusetts,  against  the  traitorous 
assassins  that  assailed  them,  without  warning,  as 
they  marched  peacefully  on  their  way  for  the  de 
fence  of  the  Capitol.  Then  came  the  calling  out 
of  the  military,  two  thirds  of  them  secession 
ists,  under  officers  many  of  whom  were  known 
then  to  be  traitors,  have  since  signalized  their 
treachery  by  leaving  Maryland  in  pursuit  of  mili 
tary  service  in  the  Confederate  States.  Then  it 
was  that  here  in  Baltimore,  even  strong  men's 
hearts  failed  them  for  fear.  Then  it  was  that  we 
saw  the  Chief  of  Police,  and  the  Commissioners 
of  Police,  and  Trimble,  the  "  General  command 
ing,"  [derisive  laughter,]  and  his  aids  innumer 
able,  and  his  adjutant-general  [continued  laugh 
ter,]  disporting  themselves  through  the  streets  in 
gaudy  colors,  arraying  armed  men  in  Monument 
Square,  first  their  trained  volunteers,  and  then 
the  rabble  and  the  mob  not  to  do  their  behests, 
and  then  arresting  the  commerce  of  the  port,  and 
then  seizing  upon  the  military  stores  of  the  United 
States,  and  then  forbidding  the  display  of  the  Na 
tional  flag,  and  then  arresting  people  for  spies, 
cutting  off  the  transit  of  troops  to  the  capital  by 
breaking  up  the  railway  communications,  arming 
steamers  to  ply  in  the  port  to  arrest  the  free  tran 
sit  of  Maryland  commerce — all  these  things  done 
by  the  Chief  of  Police  and  the  members  of  the 
police  of  Baltimore  and  the  organized  mob — the 
loyal  men  informed  that  their  lives  were  not  safe 
— men  insolently  warned  to  leave  the  city  if  they 
would  be  safe — men  thinking  that  it  was  "too 
good  news  to  be  true"  that  the  Virginians  were 
coming  down  to  aid  us;  communication  opened  ; 


174 


REBELLION   RECORD,  1860-61. 


formal  embassies  sent  up  to  Harpers  Ferry  to 
invite  John  Letcher's  six  thousand  men  to  come 
down  and  help  the  Marylanders  to  be  free,  [laugh 
ter,]  and  empty  cars  mysteriously  gliding,  in  spite 
of  the  President,  for  a  whole  day  towards  Harper's 
Ferry — a  peace-offering  to  our  Southern  brethren 
["  that's  so,"]  which  might  prevent  their  destroy 
ing  the  road  and  could  not  embarrass  their  march 
to  Baltimore — the  correspondence  opened  with 
John  Letcher  for  muskets  to  be  put  into  the  hands 
of  our  u  loyal  citizens" — quarrelling  between  Gen. 
Steuart  and  certain  members  of  the  Police  Board 
and  Mr.  Trimble,  for  the  possession  of  the  pre 
cious  deposit  of  two  thousand  arms  sent  down 
here  from  Harper's  Ferry  to  keep  the  peace — 
Bradley  Johnson,  with  an  "  invincible  legion"  of 
thirty  men,  rushing  to  defend  Baltimore  against 
"the  Northern  hordes,"  [laughter,]  —  Marshal 
Kane  making  the  mountains  and  the  valleys  of 
Virginia  and  Maryland  hideous  with  his  cry  for 
help,  which  did  not  come,  [great  laughter,] — the 
Vansville  Rangers  scattered  all  along  the  way, 
forty  men  full,  [renewed  laughter,]  from  Wash 
ington  to  Baltimore  to  guard  the  road — "loyal 
men"  from  Harford  County,  in  equally  overwhelm 
ing  masses,  rushing  in  to  defend  Baltimore  against 
''Lincoln's  hirelings,"  [laughter,]  all  these  things 
are  represented  by  the  intelligent  Northern  press 
a«  the  doings  of  the  people  of  Man'land ! 

And  <5n  Wednesday  an  election  was  called 
[great  laughter]  and  it  was  supposed  that  the 
unanimous  voice  of  "an  oppressed  people"  would 
signalize  this  day  of  their  deliverance,  and  lift 
Mr.  Wallis  to  those  pinnacles  of  glory  that  he  has 
all  his  life  sighed  for  in  vain.  The  day  of  his  ad 
vent  was  come !  [  Laughter.  ]  His  heart  beat 
high  upon  his  bosom.  Had  he  not,  on  the  nine 
teenth,  "  assured  the  meeting  that  his  heart  was 
with  the  South,  and  that  he  was  ready  to  defend 
Baltimore"?  Had  he  not  said  that  "he  hoped 
the  blood  of  the  citizens  shed  by  an  invading  foe 
would  obliterate  all  past  differences,  and  seal  the 
covenant  of  brotherhood  among  the  people "  ? 
And  had  they  not  taken  every  possible  pains  to 
"  obliterate  all  past  differences  "  by  the  organizing 
of  three  thousand  sharp  bayonets  to  argue  with 
the  refractory  ?  Was  there  not,  therefore,  every 
reason  to  suppose  that  there  would  be  entire 
unanimity  ;  nay,  that  these  people,  trodden  down 
to  the  earth,  trembling  before  the  advent  of 
"fresh  hordes,"  wishing  to  place  the  mild  and 
peaceful  government  of  Jefferson  Davis  between 
their  threatened  bosoms  and  the  Northern  on 
slaught,  would  rush,  as  one  man,  to  elect  these 
gentlemen,  the  symbols  of  Southern  sympathy, 
as  their  protectors  in  the  day  of  their  distress  ? 
The  morning  of  the  election  came,  and  one  third 
of  the  people  of  Baltimore,  under  the  influence 
of  pressure,  and  persuasion  and  delusion,  and  a 
little  coercion,  [laughter,]  signified,  at  an  illegal 
election,  that  they  thought  S.  Teakle  Wallis  and 
ms  colleagues  fit  associates  for  the  rest  of  the  ma 
jority  of  the  House  of  Delegates.  [Laughter.] 

On  Thursday  morning,  wrhen  men  awoke  and 
walked  down  the  streets,  they  found  that  a  revo 
lution  had  occurred,  although  they  did  not  know 


it.  Gone  was  the  elastic  step,  gone  vva^  the  up 
lifted  eye  of  insolence,  gone  was  the  jeering  scoff 
with  which  secessionists  met  Union  men,  gone 
was  the  half  menace  with  which  loyal  men  were 
met,  gone  was  the  nod  of  fate  that  told  them 
that  their  hour  was  coming.  They  fell  by  their 
victory ;  they  died  of  their  vote ;  the  silence  of 
two  thirds  of  Baltimore  stripped  the  revolutionists 
of  their  power,  and  consigned  them  to  ignominy. 
[Applause.]  Half  the  votes  of  a  people  do  not 
make  a  revolution !  One  third  may  make  a  re 
bellion  ;  but  two  thirds  on  the  spot  can  put  it 
down;  and  they  felt  it,  ["That's  so  !"j  Gradu 
ally,  troops  disappeared  from  Monument  Square ; 
gradually,  the  arms  were  placed  in  their  armor 
ies  ;  gradually,  there  were  fewer  and  fewer  "  or 
ders  from  headquarters,"  "  Trimble  command 
ing,"  [laughter  ;]  gradually,  the  steam  tug,  which 
constituted  the  navy  of  the  incipient  republic, 
[laughter,]  ceased  to  send  forth  its  black  smoke, 
and  vessels  could  venture  to  leave  Baltimore  with 
out  having  a  pop-gun  fired  at  them,  [laughter ;] 
and  even  the  Union  men  that  had  been  frighten 
ed,  awoke  to  the  consciousness  that  where  they 
thought  they  wrere  slaves,  the}"  were  masters,  and 
from  that  clay  to  this  there  has  been  nothing  in 
Baltimore  to  make  any  man  afraid,  except  one 
who  has  violated  the  laws  of  the  land. 

Bradley  Johnson  was  seen  almost  immediately 
after  that  election,  having  accomplished  the  pur 
pose  of  his  visit,  to  return  to  Frederick  ;  and  on  the 
ninth  of  May,  "the  defenders  of  Maryland,"  "the 
defenders  of  Baltimore,"  the  candidates  for  im 
mortality  in  the  coming  revolution,  the  men  whc 
were  to  fill  the  places  in  the  niche  of  history,  cor 
responding  to  those  filled  by  Williams  and  Small- 
wood  of  the  Revolution  ;  those  men  had  tramped 
way-worn  and  weary  to  Frederick,  and  in  that 
loyal  town  were  guarded  b}^  the  police  through 
the  town  on  their  way  to  Dixie's  land,  without 
any  music  accompanying.  [  Laughter.  ]  And 
Bradley  Johnson,  with  his  thirty  heroes,  not  one 
fallen  in  conflict  with  the  "  Northern  invaders," 
joined  them  and  marched  to  defend  Harper's 
Ferry ! 

Now,  upon  the  simple  statement  of  that  series 
of  facts,  is  there  any  man  who  needs  anything 
else  to  be  told  him  to  convince  him  that  the  out 
break  of  April  was  a  mob,  and  not  a  revolution  ; 
that  it  received  importance  from  the  fact  that  the 
traitorous  authorities  attempted  to  use  it  for  trai 
torous  purposes  ;  and  without  the  firing  of  a  gun, 
without  the  approach  of  a  Northern  soldier,  with 
out  the  menace  of  force,  without  the  necessity 
even  of  a  count  of  noses,  without  even  the 
advent  of  an  election  in  the  State,  they  recog 
nised  that  their  time  was  come  and  gone,  that 
they  were  powerless  and  in  the  hands  of  the 
civil  authorities,  that  they  must  gain  immunity 
by  good  behavior,  that  Maryland  wras  so  loyal 
that  they  could  not  make  her  even  appear  to  be 
disloyal ;  and  the  arms  dropped  from  their  hands, 
and  they  began  to  seek  mercy  of  their  traitorous 
confederates  at  Frederick,  by  begging  and  accept- 
ng  a  bill  of  indemnity  for  their  criminal  acts. 
Look  at  the-  counties !  Was  there  anv  one  of 


DOCUMENTS. 


175 


them  that  met  to  pass  resolutions  approving  of 
what  proceeded  in  Baltimore,  or  poured  forth  their 
thousands  to  support  the  revolution  ?  If  there 
was,  let  some  one  better  versed  in  the  history  of  the 
State  than  I  am,  name  it.  If  not,  how  came  the 
whole  State,  being  filled  with  traitors,  (!)  to  be  si 
lent  when  Richmond  was  ringing  with  the  joyous 
acclamations  that  saluted  the  narrative  of  Mr.  Hen 
ry  M.  Warfield?  How  is  it  that  Virginia  appreci 
ates  our  "  deliverance"  more  than  we  do  ourselves? 
How  is  it  that  we  can  find  no  tongue  to  celebrate 
the  glories  that  they  are  rejoicing  over  ?  Why, 
gentlemen,  not  only  was  there  no  county  that  ex 
pressed  any  such  approval,  but  even  in  St.  Mary's, 
where  there  are  only  two  hundred  and  fifty  men 
in  the  whole  county,  they  were  not  so  deluded  as 
to  suppose  that  they  had  Maryland  in  their  grasp ; 
and  in  Cecil,  on  the  twenty-third  of  April,  the 
people  met  and  passed  resolutions  such  as  Cecil 
has  always  acted  upon,  professing  not  neutrality, 
as  Kentuckians  did,  not  a  desire  for  the  removal 
of  "the  Northern  hordes,"  not  that  our  soil 
should  not  be  polluted  by  any  individuals  cross 
ing  it  in  arms,  but  declaring  their  determination 
to  stand  by  and  maintain  the  Government  of  the 
United  States,  [applause,]  branding  as  traitors  the 
men  who  had  attempted  to  gain  the  reputation  of 
patriots,  and  themselves  leading  off  in  the  chorus 
that  swept  all  round  the  State  in  one  unbroken 
jubilee  over  the  failure  of  the  attempted  revolu 
tion.  [Great  applause.]  And  immediately  fol 
lowing  were  the  resolutions  of  All eghany  County, 
consigning  to  the  halter  their  representatives  in 
the  Legislature,  if  they  should  dare  to  vote  for  an 
ordinance  of  secession ;  and  then  followed  the 
resolutions  of  Washington  County,  just  preceding 
their  great  election — itself  held,  I  believe,  on  the 
second  or  third  of  May — declaring  their  unalter 
able  devotion  to  the  Constitution  and  the  Union, 
and  their  determination  to  abide  by  it  always,  fol 
lowed  up,  two  or  three  days  afterwards,  by  cast 
ing  two  thousand  three  hundred  out  of  the  three 
thousand  eight  hundred  votes  of  the  county  for 
the  Union  candidate  without  opposition.  And 
then  followed  the  great  meeting  in  Frederick ;  and 
intermediate  here  in  our  midst,  all  through  our 
wards,  when  the  Legislature  ventured  to  attempt 
to  fix  on  us  a  military  despotism  in  the  disguise 
of  a  b^ill  of  public  safety,  copying  the  provisions 
and  the  spirit  of  their  infernal  police  law  for  the 
city,  to  fix  the  yoke  on  the  people  of  the  State, 
as  they  fixed  that  on  the  neck  of  the  people  of  this 
city,  our  people  quietly  met  in  their  wards  and 
passed  their  resolutions,  which  were  followed  up 
in  so  many  of  the  counties  of  the  State  that  even 
the  Legislature  let  drop  their  infernal  machine, 
and  did  not  venture  to  put  it  to  a  vote.  [Applause.] 
And  where  were  we,  fellow-citizens,  all  this  time, 
for  it  was  dropped  on  the  second  or  third  of  May  ? 
In  whose  power  was  the  capital  of  the  United 
States  at  that  moment,  on  the  hypothesis  of  the 
disloyalty  of  Maryland  ?  There  were  six  hun 
dred  regulars  there  on  the  eighteenth  of  April ; 
there  were  one  thousand  Pennsylvanians,  wholly 
without  drilling  and  ununiformed ;  and  that  con 
stituted  the  protection  of  the  capital  of  the 


United  States,  on  the  nineteenth  of  April.  On 
that  day,  one  Massachusetts  regiment  marched 
through,  its  last  company  only  having  been  as 
sailed.  From  that  day  until  the  twenty-sixth  of 
April,  there  were  no  more  troops  in  Washington 
than  I  have  enumerated.  Up  to  the  second  of 
May,  they  could  count  only  about  six  thousand 
troops  for  the  defence  of  the  capital,  and  there 
were  at  that  time  six  thousand  at  Harper's  Ferry, 
and  cars  there  ready  to  bring  them  down,  and 
three  thousand  men  armed  in  the  city  of  Baltimore. 
Suppose  the  State  of  Maryland  had  been  as  men 
now  impudently  say  she  is,  disloyal.  I  ask  in 
whose  power  was  the  capital  of  the  United  States  ? 
On  that  supposition,  there  can  be  no  doubt  that  it 
was  ours — ours  by  a  march  of  forty  miles,  ours  as 
long  as  we  could  hold  it,  it  may  be  as  long  as  the 
Southern  Confederates  have  held  Bull  Run.  And 
here  gentlemen,  I  desire  to  say  that  it  is  to  the 
fault  of  the  Confederates  themselves,  the  remark 
able  lack  of  that  quality  which  Danton  said  was 
the  essence  of  revolution,  audacity,  audacity,  AU 
DACITY  ;  it  is  to  their  failure  in  that  first  and  in* 
dispensable  quality  of  revolutionary  leaders,  it  is 
to  the  absence  of  that  quality  that  we  now  owe 
(be  Maryland  loyal  or  disloyal)  the  possession  of 
the  capital  of  the  United  States.  It  was  not  sav- 
by  the  promptness  of  Northern  volunteers ;  it 
was  not  saved  by  the  forecast  of  the  Administra 
tion,  that,  during  its  first  month,  labored  under 
the  delusion  that  peace  and  not  war  was  before 
it ;  it  was  not  by  the  forecast  of  that  wretched 
old  dotard,  Buchanan,  [hisses,]  who  now  mum 
bles  about  energy  and  activity,  from  his  home  at 
Wheatland.  It  was  neither  one  nor  the  other ; 
but  it  was  because  revolutionists  had  undertaken 
the  work,  without  having  the  quality  of  revolu 
tionists,  that  we  still  hold  it  and  that  the  glorious 
emblem  of  the  Republic  floats  from  its  dome. 
[Applause.]  Baltimore,  so  the  myth  goes  by 
timid  creatures  in  our  city,  who  whisper  to  peo 
ple  in  Washington,  and  tell  their  fears  for  facts, 
and  begrime  the  reputation  of  their  native  city,  or 
spread  in  still  more  dangerous  form  their  fancies 
through  the  columns  of  the  Northern  press,  to 
poison  the  minds  of  our  fellow-citizens  against  us, 
these  people  would  fain  repeat  that  here  is  the 
very  gate  of  hell,  that  its  seething  and  boiling  fire 
bubbles  under  our  feet  perpetually,  and  that  no 
thing  keeps  it  down  excepting  their  sleepless  vig 
ilance — fit  guardians  for  such  a  post ! — and  "  Lin 
coln's  myrmidons."  [Great  laughter.]  Where 
were  these  gentlemen  that  were  to  keep  the  peace 
in  Baltimore  city,  during  that  awful  period  from 
the  nineteenth  of  April  to  the  fourteenth  of  May  ? 
— time  enough  in  the  city  of  Paris,  where  revolu 
tionists  understand  their  work,  to  have  gone 
through  all  the  phases  of  a  revolution,  installed 
a  new  power,  tried  and  beheaded  their  antago 
nists,  and  forgotten  the  thing  as  an  old  event.  It 
was  not  until  the  fourteenth  of  May  that  General 
Butler  marched  into  this  "  disloyal "  city,  teem 
ing,  as  we  are  now  taught  to  believe,  with  raging 
revolutionists,  requiring  ten  thousand  men  more 
— so  say  some  men  of  the  last  generation  —  to 
keep  them  down.  Gen.  Butler  marched  one  morn* 


176 


REBELLION  RECORD,  1860-61. 


ing  into  the  southern  part  of  Baltimore,  marched 
up  to  Federal  Hill,  comfortably  encamped  his 
men  in  the  rain,  issued  a  proclamation,  in  which 
he  (understanding  Baltimore  better  than  those 
in  it  who  delight  to  malign  it)  appealed  to  and 
trusted  to  the  loyal  men  of  Baltimore,  having 
come,  as  he  said,  with  little  more  than  a  body 
guard,  less  than  one  thousand  men  in  a  hostile 
city  of  two  hundred  and  thirty  thousand  inhabit 
ants.  That  was  the  first  appearance  of  troops 
here.  Now  tell  me  why  (if  there  were  the  disloy 
al  elements  to  the  extent  that  is  supposed)  dur 
ing  all  that  period  nothing  had  been  done.  Why 
was  there  no  array  to  resist  his  entrance  ?  Why 
did  it  have  no  other  effect  excepting  that  Union 
men  walked  down  the  street  and  said :  "  Well, 
we  arc  afraid  it  will  have  the  effect  of  changing 
some  of  our  weak-kneed  brethren."  That  was 
the  only  doubt  expressed  about  it,  except  that 
one  despairing  individual  thought  that  the  hill  be 
ing  in  the  possession  of  the  troops  of  the  United 
States  would  frighten  all  the  market-women  away, 
and  we  should  have  no  lettuce  for  some  time. 
[Laughter.] 

How  did  the  Legislature  of  Maryland  under 
stand  the  position  of  affairs  in  the  State  ?  They 
had  prayed  and  besought  to  be  recalled  again  into 
existence.  They  had  died  a  natural  death  in 
March  the  year  previous,  having  signalized  their 
short  power  by  some  events  which  were  to  form 
a  remarkable  antithesis  to  events  to  follow  them. 
They  had  passed,  almost  unanimously,  a  resolu 
tion  declaring  that  I,  in  voting  Mr.  Pennington  in 
to  the  Speaker's  chair  of  the  National  House  of 
Representatives,  in  order  to  prevent  the  then  in 
cipient  revolution,  did  not  represent  the  people 
of  Maryland.  They  had  ejected  the  respectable 
members  from  the  city  of  Baltimore  in  the  last 
hour  of  their  session,  in  order  that  they  might 
make  room  for  those  who  were  to  follow  them 
and  be  more  fit  companions  for  the  majority. 
They  had  previously  passed  a  Police  Law  in 
which  they  had  been  careful  to  provide  that  "no 
Black  Republican  or  approver  or  endorser  of  the 
Helper  book  "  should  ever  be  a  policeman  under 
that  law  in  the  city  of  Baltimore.  [Laughter.] 
And  such  is  the  poetical  justice  of  time  and  Pro 
vidence  that  within  a  few  months  past  we  have 
seen  a  man  set  over  the  police  of  Baltimore  by  a 
"  Black  Republican  "  General,  and  N.  P.  Banks' s 
name  signed  to  an  order  to  enforce  the  law ;  and 
some  of  the  gentlemen  who  passed  that  law  are 
now  appreciating  that,  although  a  Black  Republi 
can  could  not  be  a  policeman  under  their  law,  he 
might  be  a  policeman  over  its  authors  and  com 
missioners.  [Great  laughter.] 

Thus  ends  the  first  act  of  the  Maryland  Assem 
bly — more  wretched  in  its  character,  more  igno 
rant,  more  unfit  for  its  position,  less  representing 
the  dignity  and  the  intelligence  of  the  State  of 
Maryland,  more  begrimed  by  filthy  lucre  than 
any  Legislature  within  my  memory.  Men  sup 
posed  that  it  had  been  carried  to  its  burial,  and 
buried  out  of  our  sight  forever,  and  if  not  out  of 
our  memory,  at  least  out  of  our  grateful  recollec 
tion;  and,  doubtless,  one  great  element  hi  the 


pertinacity  with  which  the  Governor  refused  to 
recall  the  Assembly,  was  his  distinct  remem 
brance  of  their  unfitness  for  their  duty,  and  his  un 
willingness  that  the  State  should  be  degraded  by 
their  again  assembling.  [Applause.]  But  in  an 
evil  hour  he  assembled  them.  For  what  ?  Ac 
cording  to  the  unanimous  avowal  of  those  who 
demanded  it,  to  take  the  sense  of  the  people  of 
Maryland  as  to  whether  they  wished  to  remain 
in  the  Union  or  to  go  out  of  it.  They  met,  and 
an  elaborate  report  was  prepared  and  delivered 
before  that  body,  making  great  complaints  of  di 
vers  acts  of  illegality  and  oppression  that  had 
been  perpetrated,  within  the  territory  of  Mary 
land,  by  President  Lincoln ;  but  ultimately  com 
ing  to  the  conclusion  that  they  were  unani 
mously  opposed  to  the  assembling  of  a  conven 
tion  at  that  time. 

"  At  the  time  when  the  Legislature  was  called 
together,"  says  this  singular  document,  "  there 
was  certainly  but  little  difference  of  opinion 
among  its  members,  of  all  parties,  as  to  the  pro 
priety  of  speedily  adopting  measures  to  secure 
the  objects  referred  to.  Since  that  time,  the 
rapid  and  extraordinary  development  of  events, 
and  of  the  warlike  purposes  of  the  Administra 
tion,  the  concentration  of  large  bodies  of  troops 
in  our  midst,  and  upon  our  borders,  and  the  act 
ual  and  threatened  military  occupation  of  the 
State,  have  naturally  enough  produced  great 
changes  of  opinion  and  feeling  among  our  citizens." 
[Laughter.]  "  They  have  no  hesitation  in  express 
ing  their  belief  now  that  there  is  almost  unanimous 
feeling,  in  the  State,  against  calling  a  convention 
at  the  present  time."  [Laughter.]  Since  when? 
It  goes  on  to  assign  the  reasons.  Now  judge: 

"  To  the  Committee,  the  single  fact  of  the  mi 
litary  occupation  of  our  soil  by  the  Northern 
troops  in  the  service  of  the  Government,  against 
the  wishes  of  our  people,  and  the  solemn  protest 
of  the  State  Executive,  is  a  sufficient  and  conclu 
sive  reason  for  postponing  the  subject  to  a  period 
when  the  Federal  ban  shall  be  no  longer  upon  us." 

It  goes  on  to  say :  "  The  Constitution  is  silenced 
by  the  bayonets  which  surround  us;  and  it  is 
not  worth  while  for  us  to  fancy  ourselves  beneath 
its  aegis.  It  would  be  criminal  as  well  as  foolish, 
to  shut  our  eyes  to  the  fact  that  we  will  not  be 
permitted  to  organize  and  arm  our  citizens,  let 
our  rights  and  Constitution  be  what  they  may." 

That  is  to  say,  gentlemen,  when  there  were  not 
troops  enough  in  Washington  to  defend  it ;  when 
there  were  none  to  be  spared  from  Washington, 
when  there  was  not  a  single  soldier  within  the 
limits  of  Baltimore,  when  there  were  not  three  or 
four  thousand  upon  the  soil  of  Maryland  all  told, 
these  patriots  who  tell  us  that  the  Constitution 
-is- -silenced,  that  our  rights  are  trampled  down, 
that  we  are  oppressed,  think  that  these  are  the 
very  reasons  why  they  should  not  appeal  to  the 
people  of  Maryland  for  their  own  protection! 
They  may  be  the  fit  representatives  of  what  is 
called  secession ;  they  certainly  are  the  represen 
tatives  of  that  prudence  which  Maryland  seces 
sionists  have  always  substituted  for  audacity; 
who  will  neither  appeal  to  arms  or  the  ballot-box 


DOCUMENTS. 


177 


against  oppression,  unless  the  oppressor  first 
stays  his  hand  ;  but  these  men  are  not  the  repre 
sentatives  of  the  loyal  and  free  men  of  Maryland. 
If  affairs  were  as  they  represent  them,  that  was 
the  time  to  appeal  to  the  people  of  Maryland.  It 
matters  not  whence  oppression  comes,  it  matters 
not  in  what  shape  it  be  presented,  it  matters  not 
how  overwhelming  may  be  its  force,  when  op 
pression  shall  unsheathe  the  sword,  I  mistake 
the  tone  and  temper  of  the  people  of  Maryland  if 
they  would  stop  any  more  than  the  men  of  Lex 
ington  and  Concord  stopped  to  count  their  antag 
onists  in  1775.  [Applause.]  I  suppose  that  it 
was  not  the  presence  of  the  military  which  over 
awed  the  Legislature  of  Maryland ;  it  was  that 
they,  like  the  Police  Commissioners,  like  Marshal 
Kane,  and  like  "  Trimble  Commanding,"  [laugh 
ter,]  and  like  all  his  supporters  and  followers, 
adjutants  and  aids,  had  all  found  that  whilst  the 
people  of  Maryland  were  almost  unanimously  op 
posed  to  calling  a  convention,  that  unanimity  re 
solved  itself  into  these  elements:  a  small  mi 
nority  of  the  people  wanting  the  majority  to  vote 
with  them,  but  knowing  they  would  not,  and 
therefore  not  wanting  a  convention  called  which 
would  reveal  irrefutably  their  insignificance  of 
numbers,  and  the  overwhelming  majority  of  the 
people  of  Maryland,  who  did  not  want  to  be  pes 
tered  with  a  vote  to  put  down  such  wretched 
revolutionists.  [Applause.]  Now,  am  I  right,  or 
am  I  wrong  in  my  estimate  of  the  causes  ? 
["  Right."]  That  was  in  May. 

On  the  thirteenth  of  June  a  congressional  elec 
tion  was  held,  to  which  both  the  Mayor  and  the 
Governor  had  referred  the  people  as  a  fit  oppor 
tunity  to  express  their  devotion  to,  or  their  ab 
horrence  of,  the  Government ;  and  how  did  they 
express  it  ?  I  have  already  told  you  that  the 
Washington  County  men  voted  four  thousand 
out  of  five  thousand  votes  for  their  member  of 
Assembly,  and  that  Cecil  County  followed  up  her 
resolution  at  a  special  election  by  voting  three 
fourths  of  her  vote  in  favor  of  it,  and  that  is  an 
index  of  what  the  State  did.  In  the  great  upper 
district,  there  was  no  opposition.  In  Mr.  Web 
ster's  district  there  was  no  opposition.  In  the 
district  now  represented  by  Mr.  Crisfield  there 
was  a  candidate  for  peace,  who  attempted  to  op 
pose  him.  A  peace  man  opposed  Mr.  Leaiy.  A 
Union  man,  with  Southern  sympathies,  claimed 
and  received  the  suffrages  of  the  fourth  district. 
There  was  but  one  avowed  secessionist  through 
out  the  State  of  Maryland  that  ventured  to  ask  a 
vote,  and  that  was  in  Mr.  Calvert's  district,  and 
for  the  first  time  in  many  years  one  not  a  Demo 
crat  carried  the  district.  [Applause.]  How  did 
the  voting  foot  up  throughout  the  whole  State  V 
If  you  give  to  the  secessionists  every  vote  not 
cast,  making  no  allowance  for  lukewarm  men,  no 
allowance  for  the  doubtful,  hesitating,  floating 
vote  that  had  not  made  up  its  mind  whether  it 
would  be  for  or  against  the  Government,  the  condi 
tional  men,  all  the  people  who  are  on  this  side  to 
day  and  on  that  side  to-morrowT,  or  all  the  time 
on  both  sides,  [laughter,]  separating  all  those 
men,  and  giving  them  to  the  secession  side  of  the 


question,  the  Union  men  of  Maryland  at  that 
election,  with  no  opposition  in  two  of  the  districts, 
and  no  avowed  opposition  upon  secession  grounds 
anywhere,  excepting  in  one  of  the  districts,  cast  a 
great  majority  of  the  whole  vote  of  the  State. 
[Great  applause.]  And,  gentlemen,  for  whom  ? 
Not  for  men  who  are  pledged  to  shun  responsibil 
ities,  to  avoid  votes,  to  let  the  Government  bleed 
to  death  if  need  be,  to  talk  about  neutrality  in 
Maryland,  to  join  the  Governor  in  opposing  the 
transit  of  Northern  troops,  but  men  pledged  be 
fore  their  constituents,  pledged  before  the  conven 
tions  that  nominated  them,  pledged  in  every  \vay 
that  can  bind  honorable  men,  to  vote  every  man 
that  the  Government  should  demand,  and  any 
amount  of  money  that  the  Government  should  say 
was  needed.  Not  for  the  purpose  of  making 
peace,  not  for  the  purpose  of  holding  out  the 
olive  branch,  not  for  the  purpose  of  making  trea 
ties  with  traitors,  but  to  disperse  them  by  arms. 
[Tremendous  cheering.] 

What  followed  ?  The  arrest  of  Kane.  [A  voice 
— "They  ought  to  hang  him."  Cheers.]  They 
left  him  in  power  till  after  the  election.  Seces 
sionists  who  were  so  fond  of  the  truth  cannot  say 
that  they  were  frightened  and  coerced  in  the  elec 
tion  !  It  was  wise  to  do  so.  They  fortunately 
have  no  excuse  of  that  kind,  because  at  the  time 
of  the  election  there  were  soldiers  at  Baltimore, 
and  soldiers  nowhere  else,  and  it  was  only  in 
Baltimore  that  they  were  partially  successful. 
But  after  that  was  taken  out  of  their  mouths, 
Kane  was  arrested ;  and  that  was  one  great  out 
rage,  [laughter ;]  and  then  the  loyal  Commis 
sioners,  who  protested  their  loyalty,  and  supposed 
that  other  people  had  memories  as  short  as  their 
own,  and  had  forgotten  their  acts  of  war  from 
the  nineteenth  to  the  twenty -fourth  of  April  — 
these  gentlemen,  in  the  interest  of  "  Peace  and 
Order,"  when  Gov.  Banks,  with  wise  discrimina 
tion,  had  stopped  at  arresting  one  mischievous 
man  in  the  hope  that  other  mischievous  men, 
taking  warning,  would  be  peaceable  —  they,  in 
the  interest  of  peace  and  order,  or  possibly  hoping 
that  a  great  city,  swarming  with  bad  men,  in  the 
period  of  a  great  revolution,  and  with  a  great  deal 
of  revolutionary  blood  floating  through  the  Irish 
of  the  Eighth  Ward,  [laughter,]  these  stalwart 
reformers,  and  friends  of  peace  and  good  govern 
ment,  supposing  that  all  these  elements,  with  no 
police,  would  be  much  more  quiet  than  when 
they  were  aggravated  into  resistance  by  a  police 
on  their  side, — they  told  their  policemen  that 
they  had  no  further  use  for  them  at  that  time ; 
they  should  continue  to  draw  their  pay,  but  they 
were  not  expected  to  do  any  duty.  [Laughter.] 
Gen.  Banks,  being  a  practical  man,  interpreted 
"no  duty"  to  be  any  duty  that  they  might  see 
fit  to  do  ;  and  as  they  had  some  training  in  mili 
tary  matters,  and  had  shown  themselves  pretty 
good  instruments  to  begin  a  revolution,  though 
their  masters  did  not  prove  so  good  leaders  in  it 
after  it  was  started,  came  to  the  very  natural  con 
clusion  that  possibly  a  vagrant  police  with  noth 
ing  to  do,  with  masters  equally  idle,  might  find 
something  to  do  j  and  he  took  care  of  the  masters, 


REBELLION   RECORD,  1860-61. 


and  that  was  another  great  and  unspeakable 
"  outrage."  [Laughter.]  A  howl  of  indignation 
arose  to  the  pitying  Heavens  against  the  "out 
rage"  of  arresting  men  who  only  opened  the  door 
to  civil  discord  in  a  city  of  two  hundred  and  fifty 
thousand  inhabitants.  Every  principle  of  Ameri 
can  liberty  was  appealed  to,  to  insure  traitors  lib 
erty  for  mischief;  and  they  wrote  their  appeal  to 
the  Legislature,  and  their  appeal  to  the  Legisla 
ture  found  a  fitting  advocate  in  the  gentleman 
whose  name  1  have  had  occasion  so  often  to  refer 
to.  A  long,  elaborate,  insidious  and  disingenu 
ous  report  was,  after  a  while,  brought  forward, 
in  which  all  the  history  of  the  Government  was 
read  backwards ;  all  the  arts  of  special  pleading 
were  applied  to  the  misconstruction  of  the  Consti 
tution  ;  rash  assertions  as  to  the  history  of  the 
Convention  were  strewn  all  through  it ;  and  we 
were  called  upon  to  believe  that  George  Wash 
ington  had  framed  and  recommended  the  adop 
tion  of  a  Constitution,  which  would  be  very  good 
if  everybody  would  obey  it,  but  would  be  very 
worthless  if  anybody  should  say  he  did  not 
wish  to  obey  it,  and  that  George  Washington  and 
the  other  wise  men  who  surrounded  him  in  the 
Convention,  having  provided  on  the  face  of  the 
Convention  for  the  suppression  of  insurrection, 
and  declared  that  every  law  of  a  State  should  be 
in  subordination  to  the  supreme  law  of  the  land, 
the  Constitution  and  the  laws  of  Congress  made 
in  pursuance  of  it,  had  yet  left  open  this  great, 
wide  passage-way  for  all  the  evils  that  they  had 
attempted  to  exclude,  by  excepting  from  that 
subordination  that  law  which  should  annul  the 
whole  Constitution ;  that  case  in  which  a  faction 
should  get  possession  of  the  authorities  of  a  State, 
should  put  their  treason  in  the  shape  of  law, 
array  armies  for  its  defence,  and  defy  the  Gov 
ernment.  I  have  no  doubt  that  the  author  of 
that  report  is  a  respectable  lawyer,  within  a  nar 
row  sphere,  and  I  think  that  those  who  read  the 
report  will  come  to  the  conclusion  that  he  has, 
like  a  wise  lawyer,  confined  his  studies  to  his  de 
partment.  [Laughter.] 

That  Legislature  raised  the  awful  question  as 
to  whether  the  Government  of  the  United  States 
could  arrest  men  in  arms  against  its  authority ! 
[Laughter.]  They  did  not  venture  to  reorganize 
the  militia  of  the  State.  They  found  that  it  was 
dangerous.  They  could  pass  laws  of  indemnity 
for  men  who  had  been  guilty  of  treason,  as  if  an 
act  of  indemnity  by  the  State  of  Maryland  would 
bar  an  indictment  in  the  United  States  Court ; 
but  that  was  out  of  their  line  of  practice. 
[Laughter.]  They  thought  they  could  debauch 
the  minds  of  the  people,  a  law-abiding  and  law- 
loving  people,  habituated  to  see  the  law  enforced 
only  through  the  tribunals,  by  the  sheriff',  the 
judgment  of  the  court,  the  constable — unaccus 
tomed  to  the  short  and  sharp  methods  of  mili 
tary  suppression  equally  constitutional  against 
armed  insurrection.  They  seized  every  oppor 
tunity  to  mislead  the  people  of  Maryland  into 
the  supposition  that  their  rights  were  violated 
whenever  the  paramount  law  of  the  safety  of  the 
Republic,  embodied  in  that  clause  of  the  Consti 


tution  which  authorizes  Congress  to  call  forth 
the  militia  to  suppress  insurrection,  was  required 
to  be  acted  upon  in  lieu  of  the  ordinary  methods 
of  enforcing  the  law  through  the  judicial  tribu 
nals  ;  and  they  attempted  to  delude  and  excite  the 
people  of  Maryland,  by  representing  that  as  a 
violation  of  the  fundamental  law.  The  people  of 
Maryland  were  not  so  ignorant  as  the  majority 
of  the  Legislature,  and  understood  the  construc 
tion  of  their  fathers  better  than  the  gentlemen  of 
the  secession  school.  They  understood  that  just 
as  the  Legislature  can  take  land  against  the  will 
of  the  owner  for  the  purpose  of  making  a  rail 
way  or  other  public  improvement,  so  the  United 
States  can  seize  railways  when  necessary  for  the 
transportation  of  troops,  so  they  can  occupy  sites 
for  fortifications,  and  when  men  are  in  arms 
against  the  Government,  they  can  arrest  them 
without  process,  just  as  when  they  see  them  in 
serried  ranks  opposed  to  them  in  the  open  field 
they  can  shoot  them  down  without  having  in 
quired  by  a  jur}r,  whether  they  be  traitors  or 
loyal  men.  All  their  machinations  fell  harmless 
before  the  people  of  Maryland ;  and  adjourning 
from  day  to  day,  finally  the  fatal  hour  met  the 
Maryland  Legislature.  It  seemed  likely  to  break 
the  law  of  all  things  mortal  and  sit  forever,  when 
the  Administration,  impelled  by  unfounded  fear 
of  mischief  at  their  hands,  silenced  their  harm 
less  chattering  by  taking  away  their  heads,  and 
leaving  their  tails  to  writhe. 

The  people  of  Maryland  saw  with  indifference 
or  delight  their  dispersion,  yet  wondered  at  the 
importance  attached  to  them.  On  the  policy 
or  legality  of  that  measure  I  shall  at  present  say 
nothing. 

Now,  gentlemen,  that  is  the  history  of  seces 
sion  in  Maryland ;  it  is  the  whole  history  ;  it  is 
the  close  of  the  history.  [Applause.]  It  is  go 
ing  to  let  the  election  this  fall  go  by  default  and 
by  confession.  It  did  not  venture  to  nominate  a 
man  in  this  city  the  other  day ;  it  will  not  press 
the  election  of  its  candidate  for  Governor  in  No 
vember  ;  it  will  have  no  contestants  for  the  House 
of  Delegates  in  one  half  the  counties  of  the  State; 
it  will  make  no  contest  for  the  Senate  except  in 
two  or  three  counties  which  are  doubtful,  and 
there  only  for  the  purpose  of  holding  a  veto  on 
the  Union  men  in  the  Legislature  ;  and  it  is  that 
we  are  specially  bound  to  take  care  of.  But  se 
cession  as  an  active,  dangerous  and  agitating  ele 
ment,  I  say,  now  lies  writhing  in  its  last  agonies 
in  Maryland.  [Great  applause.]  I  do  not  doubt 
that  very  nearly  one  third  of  the  people  of  the 
State  are  disloyal — not  that  they  will  take  up 
arms  on  the  secession  side,  but  they  will  not 
take  up  arms  on  the  Union  side ;  they  are  dis 
loyal.  In  my  judgment,  that  is  a  very  large  esti-* 
mate  of  the  strength  of  the  secession  faction  in 
Maryland  this  day.  It  has  found  the  limits  of 
its  power ;  the  nature  of  the  beast  is  the  same, 
only  it  has  been  deprived  of  its  fangs ;  it  can  now 
do  nothing  but  mumble  false  prophecies  about 
the  corning  of  Jefferson  Davis,  and  pruy  him  not 
to  falsify  their  predictions. 

Maryland  has  been   true   in   heart   thus   far. 


Col.  ELMER    E.   ELLSWORTH. 


DOCUMENTS. 


She  has  not  furnished  her  quota  of  troops  to  put 
down  the  rebellion  within  or  without  Maryland. 
That  is  partly  her  fault ;  chiefly  the  fault  of  her 
Governor,  who  paralyzed  the  energies  of  her  citi 
zens  when  they  were  ready  to  respond  to  the 
first  call  of  the  Government.  But  those  charged 
with  military  affairs  at  Washington  are  not  with 
out  their  share  of  responsibility ;  for  when  the 
Governor  refused  to  call  forth  the  contingent  of 
Maryland,  and  when  the  law  was  pointed  out  to 
them  under  which  they  could  send  their  orders 
to  any  officer  of  the  militia,  and  the  names  of 
officers  holding  commissions  and  ready  to  obey 
the  orders  of  the  Government  were  laid  before 
them,  and  the  President  had  drawn  in  blank  the 
order  and  directed  it  to  be  sent  to  the  Secretary 
of  War,  it  rested  on  his  table  unacted  on.  When 
subsequently,  after  the  fourteenth  of  May,  the 
Governor  determined  conditionally  to  call  forth 
the  contingent  of  Maryland,  and  officers  went  to 
Washington  and  offered  themselves  ready  to  re 
spond  to  the  orders  of  the  Government,  the  War 
Department  declined  to  receive  them  first  under 
the  call  for  men  for  three  months,  and  when  Gen. 
Kenly  offered,  himself,  to  call  forth  his  brigade 
if  it  would  be  accepted  as  a  brigade  for  the  war, 
that  also  was  declined.  [Applause.]  It  was 
quite  apparent  that  the  Department  felt  small 
confidence  in  the  Union  men  of  Maryland,  and 
were  not  at  pains  to  conceal  their  indifference 
touching  their  aid.  After  that,  it  was  not  to  be 
supposed  that  others  would  be  in  a  hurry  to  re 
ceive  such  a  rebuff'.  These  do-ibts  of  our  loyalty 
were  inspired  by  persons  apparently,  who  know 
nothing  of  Maryland  or  of  its  men,  who  have  not 
the  confidence  of  its  people,  and  are  unknown  in 
its  affairs,  have  constituted  themselves  the  chief 
advisers  at  Washington  with  reference  to  Mary 
land  affairs.  These  things  are  undoubtedly  de 
plorable.  We  suffer,  our  reputation  suffers  by 
the  conduct  of  the  Administration  towards  the 
State,  throughout  the  whole  country  at  this  time. 
It  is  our  misfortune  to  have  such  citizens  ;  it  is 
the  fault  of  the  Government  to  listen  to  their 
counsels.  [Great  applause.] 

We  have  labored  under  peculiar  disadvanta 
ges,  in  common  with  all  the  central  slave  States. 
The  peculiarity  of  the  present  crisis  is,  the  won 
derful  activity  and  energy  of  the  people  and  the 
State  authorities  contrasted  with  the  relative  in 
activity  of  the  Central  Government.  In  the  free 
States  the  governments  have  been  lo}Tal,  and 
they  have  organized  and  aided  the  enthusiasm  of 
the  volunteers.  The  central  slave  States  be 
trayed  or  deserted  by  their  State  Governments, 
have  been  abandoned  by  the  National  Govern 
ment  almost  to  their  unaided  resources — dis 
armed,  unorganized,  half  defended. 

But,  gentlemen,  a  different  state  of  affairs,  I 
believe,  now  exists.  I  think  now  the  ear  of 
power  is  open  to  wiser  counsels  touching  the 
military  policy  to  be  pursued  in  Maryland,  and, 
I  trust,  in  the  central  slave  States  generally.  I 
know  that  now  they  listen  to  and  act  upon  the 
representations  of  my  friend,  Mr.  Purnell.  [Ap 
plause.]  I  know  that  they  now  listen  to  Gover 


nor  Thomas,  of  the  Upper  District.  [Renewed 
applause.]  I  know  that  they  listen  to  the  ap 
peals  of  Mr.  Wallace,  of  Cambridge.  [Continued 
applause.]  I  know  that  now  they  listen  to  tha 
suggestions  of  Mr.  Dodge,  the  Chief  of  Police. 
[Great  applause.]  I  know  that  whilst  for  long 
months  they  refused  to  arm  our  Home  Guard, 
even  at  the  solicitations  of  Gen.  Banks,  repeat 
edly  pressed,  at  length  they  have  come  to  think 
that  it  is  perhaps  a  part  of  the  duty  of  the  Gov 
ernment,  in  dealing  wTith  a  great  rebellion,  to  in 
quire  for,  and  to  organize  and  arm  loyal  men  for 
their  own  defence  in  disturbed  districts ;  and 
now  we  have  the  Purnell  legion  forming  at  Pikes- 
ville,  Gov.  Thomas's  brigcade  forming  in  the  upper 
portion  of  the  State,  several  regiments  organizing 
around  the  city,  two  already  in  the  service  of  the 
Government,  others  forming  in  the  lower  part  of 
the  State;  and,  in  my  judgment,  so  soon  as  the 
people  shall,  in  November,  have  elected  a  Gover 
nor  and  a  Legislature  that  will  do  for  the  people 
of  Maryland,  what  everywhere  has  been  done  by 
the  Legislatures  of  our  brethren  in  the  North  for 
their  volunteers,  give  them  the  aid  and  counten 
ance  and  pecuniary  assistance  of  the  State,  and 
the  outfit  that  is  necessary  to  facilitate  enlist 
ments,  that  Maryland  will  stand  in  this  contest 
as  she  has  always  stood  in  every  other  contest, 
not  lagging  behind  her  brethren,  but  struggling 
with  them  for  the  foremost  rank  where  glory  is 
to  be  won.  [Great  applause.] 

If  I  may  be  allowed  to  criticise  the  conduct  of 
an  Administration  which  I  did  not  help  to  make, 
but  which  I  rejoice  was  formed — for  John  Bell  is 
a  traitor — and  for  whose  success  I  am  more  earn  • 
estly  anxious  than  for  any  that  has  wielded  power 
in  my  day,  [applause,] — an  Administration  which, 
weak  or  strong,  is  the  last  and  only  hope  of  the 
American  people,  which  must  be  supported  let 
whatever  else  may  fall,  [great  applause,]  in  spite 
of  the  contempt  with  which  it  has  treated  the 
people  of  Maryland,  in  spite  of  that  lack  of  mag 
nanimous  wisdom  which  would  have  taught  it 
not  to  overlook  the  great  body  of  the  Central 
States  in  high  civil  and  military  appointments — 
however  much  these  things  may  grate  upon  our 
feelings,  however  much  they  may  tend  to  dampen 
the  spirits  and  slacken  the  energy  of  our  people, 
however  much  the  Administration  may  find  too 
late  that  it  has  weakened  its  power,  however 
much  already  they  may  have  expanded  the 
theatre  of  war  and  advanced  the  frontier  of  the 
fight  nearer  to  the  national  capital — just  in  pro 
portion  as  these  disastrous  consequences  have 
followed  for  that  great  error  in  point  of  public 
policy,  just  by  so  much  the  more  earnest  mo 
tives  are  we,  men  of  Maryland,  called  on  to  for 
get  the  past,  to  obliterate  its  bitter  recollections, 
to  forbid  anything  like  pride  to  arise  in  our  gor 
ges,  to  put  down  at  the  bidding  of  patriotism 
every  ill  spirit  that  would  paralyze  our  arms,  and 
forgetting  the  past,  rush  forward  to  the  future 
and  take  our  revenge  of  those  who  have  slighted 
us  by  heaping  the  coals  of  fire  of  repentance 
upon  their  heads.  [Great  applause.] 

That  the  Administration  chose  to  constitute 


180 


REBELLION   RECORD,  1860-61. 


itself  on  a  strictly  party  basis  in  its  higher  de 
partment,  is  not  a  just  subject  of  complaint — es 
pecially  after  the  President  had  tendered  to  Mr. 
Gilmer,  of  North-Carolina,  a  place  in  his  Cabinet, 
which  he  declined. 

But  it  is  a  matter  of  complaint  that  the  impor 
tance  of  securing  support,  organizing  friends, 
arming  loyal  citizens  in  the  great  central  slave 
States  was  so  gravely  underrated — and  while  the 
other  departments  are  filled  with  men  equal  to 
their  respective  duties,  it  is  a  matter  of  great  re 
gret  that  those  departments  chiefly  and  directly 
charged  with  the  military  policy  of  the  Adminis 
tration  have  fallen  below  the  requirements  of  the 
times.  They  spent  one  month  of  precious  time 
before  apparently  they  took  one  step  to  meet  the 
storm  that  was  blackening  the  whole  heavens 
before  them.  Then,  while  yet  war  was  afar,  ere 
Tennessee  had  yielded  to  the  gentle  pressure  of 
the  Southern  bayonet,  whilst  yet  Missouri  was 
free  from  armed  invasion,  ere  secession  had 
grown  to  rebellion  in  Kentucky,  they  let  pass 
the  golden  opportunity  of  feeling  their  way 
through  these  great  States,  and  finding  friends 
over  that  great  region.  They  left  the  friends  of 
the  Union  not  only  unable  to  fight  its  battles, 
but  unable  to  defend  themselves.  They  left  a 
majority  of  the  people  of  Tennessee  to  be  borne 
down  by  violence  from  abroad,  and  to  be  dis 
heartened  by  the  desertion  of  the  National  Gov 
ernment.  They  allowed  disaffection  to  spread  in 
Kentucky  until  Kentucky,  in  spite  of  her  over 
whelming  Union  majority,  hung  trembling  in  the 
balance,  and  was  driven  to  repel  invasion  from 
her  soil.  They  left  Missouri  without  the  aid  of 
additional  soldiers,  and  her  own  Home  Guard 
only  half  armed,  until  she  was  nearly  overrun. 
They  left  Maryland  without  a  musket  in  the 
hand  of  one  of  her  sons  for  four  dangerous 
months  after  they  were  in  power.  Had  they 
sought,  as  a  wise  policy  would  have  dictated, 
friends  in  the  midst  of  the  doubtful  States,  they 
could  have  saved  Tennessee  ;  they  could  have 
commenced  the  war  upon  the  northern  borders 
of  Alabama  and  of  Georgia,  where  we  know  the 
partisans  of  the  Government,  though  now  si 
lenced,  swarm  by  the  thousands ;  they  could 
have  held  possession  of  the  great  central  nucleus 
of  the  Alleghany  mountains  filled  with  its  free 
men  ready  to  descend  in  every  direction  upon 
the  plains  below,  carrying  with  them  the  emblem 
of  hope  and  peace  to  our  oppressed  brethren  in 
the  cotton  districts.  Had  Maryland  been  pro 
perly  armed,  had  her  citizens  been  called  out, 
had  even  that  despised  contingent  of  the  three 
months  men  been  accepted,  they  might  not  now 
have  been  confined  to  one  railway  for  all  their 
Western  communications ;  the  loyal  part  of  Vir 
ginia  might  have  crossed  the  Alleghany  mountains 
and  stretched  to  the  Blue  Ridge.  The  whole 
face  and  aspect  of  the  war  would  have  been 
changed  by  timely  attention  to  the  first  elements 
of  S'^ess  in  dealing  with  an  insurrection — to 
find  out  the  men  on  the  spot,  in  the  disturbed 
district,  as  near  as  possible  to  the  focus  of  the 
rebellion,  who  are  there  interested  in  putting  out 


the  flames,  and  give  them  at  least  an  opportunity 
of  aiding  in  their  own  defence.  The  event  of 
Bull  Run  has,  I  think,  made  the  Administration 
sadder  and  wiser  men.  They  possibly  have  re 
flected  that  there  the  despised  Maryland  contin 
gent  might  have  turned  that  tide  of  battle,  for  it 
was  just  four  thousand  men  that  converted  a  vic 
tory  into  a  defeat  when  brought  against  our  ex 
hausted  brethren,  borne  down  by  the  heat  of 
that  day's  conflict.  They  have  now  begun— 
begun  in  earnest — I  trust  begun  successfully — 
[applause] — to  organize  the  men  of  the  great 
central  slave  States,  who  to  them  are  an  element 
of  untold  power.  Equally  brave  with  their 
Northern  brethren,  they  are  a  thousand  times 
more  interested  in  suppressing  the  rebellion,  for 
it  touches  their  homes,  their  hearths,  their  lives. 
Massachusetts  has  her  pride  in  the  Republic. 
So  have  Maryland,  and  Kentucky,  and  Tennes 
see,  and  Missouri,  and  Delaware.  Massachusetts 
has  her  interest  in  the  cotton  region.  So  has 
Maryland,  as  well  as  her  interest  in  her  own 
fields.  But  beyond  all  that,  we  of  the  central 
slave  States  have  our  liberty  at  stake ;  if  we  fail, 
we  are  a  conquered  people  ;  we  pass  from  the 
glories  of  the  American  Republic  to  be  the  sus 
pected,  watched  and  chained  subjects  of  a  power 
we  abhor,  and  which  hates  us. 

Having  already  traced  the  position  of  Maryland, 
I  need  now  but  point  your  eyes  for  inspiration  to 
the  present  condition  of  Kentucky.  Betrayed  by 
her  treacherous  Governor,  placed  in  the  disloyal 
attitude  of  neutrality  by  her  last  Legislature,  in 
vade^  by  an  armed  force  from  Tennessee,  desert 
ed  or  assailed  by  such  men  as  Breckinridge  and 
his  associates,  she  has,  as  one  man  almost,  through 
her  present  Legislature  proclaimed  her  readiness 
to  do  her  duty.  When  her  energy  was  quickened 
into  activity  by  actual  invasion,  then  her  Legisla 
ture  met,  made  a  loan  for  two  millions  of  dollars, 
called  out  forty  thousand  volunteers ;  and  then, 
as  if  to  cover  with  contumely  the  men  who  speak 
only  of  "our  Southern  brethren,"  they  passed, 
by  over  whelming  majorities,  that  touching  vote  of 
thanks  to  the  men  of  Indiana,  Ohio,  and  Illinois, 
who  came  rushing  inarms  ("Black  Republicans" 
and  "  Lincoln's  myrmidons"  as  they  are)  to  pro 
tect  Kentucky  against  her  Southern  brethren. 
[Applause.] 

And  there  is  Missouri,  neglected  by  the  War 
Department,  defended  by  her  half  armed  and 
half  organized  sons  until  they  were  decimated 
by  superior  numbers,  and  the  gallant  Lyon  fell 
a  sacrifice  to  his  unsupported  heroism  ;  and  then, 
wrhen  they  came  to  rest  on  the  support  of  the 
Government  of  the  United  States,  two  thirds  of 
their  State  was  overrnn,  and  a  large  body  of  troops 
and  Home  Guards  captured  right  on  the  great 
highway  of  the  Missouri  River  for  lack  of  timely 
support. 

It  is  in  vain  to  enquire  who  is  responsible  for 
such  disasters — the  War  Department,  charged 
with  organizing  the  force,  or  the  military  officer 
commissioned  to  lead  them  ;  it  lies  between  them, 
and  this  country  will  hold  both  responsible.  I 
fear  that  the  man  to  whom  the  destinies  of  Mis- 


DOCUMENTS. 


181 


eouri  are  committed,  is  fitter  to  issue  proclama 
tions  violating  every  principle  of  the  law  of  th( 
land,  and  looking  only  to  one  purpose — his  politi 
cal  elevation  —  than  he  is  either  to  organize  a 
force  to  repel  invasion,  or  it  may  be  to  lead  it  af 
ter  it  is  organized.     He  is  not  able  (such  is  the 
last  account)   to  move  yet  over  ground  where 
Lyon  moved  with  none  but  Missourians  at  hi? 
back,  [applause ;]  not  able  yet  to  move  because 
of  lack  of  transportation,   surrounded   by  loyal 
people  and  by  loyal  States  ;  not  able  to  move  for 
lack  of  subsistence,  in  the  very  midst  of  the  great 
granary  of  the  United  States.     No  man  can  be 
lieve,  if  these  things  be  true,  that  a  heavy  debt  of  re 
sponsibility  does  not  rest  at  somebody's  door  to  be 
answered  for  at  some  not  very  distant  day.   I  feel 
for  the  men  of  Missouri,  for  they  have  not  lain 
supinely  down  and  waited  to  be  defended ;  but 
they  have  been  overborne  ;  I  say  they  are  enti 
tled  to  look  to  the  Government,  not  merely  for 
willing  troops,  they  have  been  furnished  by  the 
thousand    with    that    spontaneous     enthusiasm 
which  finds  no  equal  in  the  history  of  the  world, 
they  are  entitled  to  a  leader  who  will  not  lack 
transportation,  nor  food,  nor  means  to  reach  the 
enemy.     [Applause.]     Instead,  they  have  a  man 
who  publishes  gasconading  proclamations,  fitter 
for  an  European  despot  than  an  American  officer, 
such  as,   "  I  do  hereby  extend,  and   declare  es 
tablished,  martial  law  throughout  the  State  of 
Missouri,"  two  thirds  of  it  in  the  possession  of 
the  armed  rebels  ;  "the  lines  of  the  army  of  oc 
cupation  in  this  State  are,  for  the  present,  declar 
ed  to  extend  from  Leavenworth,  by  way  of  the 
posts  of  Jefferson  City,   Holla,   and  Ironton,   to 
Cape  Girardeau  on  the  Mississippi  River,"  within 
which  they  took  Lexington  from  him  the  other 
day ;  and  then  followed  by  the  brutum  fulmen  of 
a  threat  at  the  bottom  :  "  All  persons  who  shall 
be  taken  with  arms  in  their  hands  within  these 
lines  shall  be  tried  by  court-martial,  and,  if  found 
guilty,  will  be  shot" — in  the  face  of  the  solemn 
provision  of  the  American  Constitution  that  no 
man,  out  of  the  military  service,  can  be  condemn 
ed,  except  by  a  jury  of  his  peers  before  a  court 
of  the  State  or  district  in  which  the  crime  was 
committed,  with  an  indictment  and  evidence,  and 
the  right  to  have  counsel  and  all  the  precious 
guards  of  the  common  law  thrown  around  to  pro 
tect  his  life.     He  is  to  be  tried  and  shot  at  the 
will  of  Gen.   Fremont,  and  whoever  he  may  see 
fit  to  appoint  to  try  him  over  a  drumhead  court- 
martial.     It  received  its  fit  reward  in  having  the 
very  country  over  which   he   usurped   despotic 
power,  swept  from  beneath  him.     And  then,  of 
course,  it  was  impossible  for  a  man  who  has  high 
political  as  well  as  military  aspirations,  to  over 
look  in  this  agitation  the  negro  question  as  an 
element  of  popularity,  and  thereupon  we  have  this 
lord  and  master  of  the  free  people  of  Missouri, 
dealing  thus  with  their  property  :  "  The  property, 
real  and  personal,  of  all  persons  in  the  State  of 
M:ssouri,  who  shall  take  up   arms   against  the 
"United  States,  and  who  shall  be  directly  proven 
to  have  taken  active  part  with  their  enemies  in 
the  field,  is  declared  to  be  confiscated  to  the  pub 


lic  use,  and  their  slaves,  if  any  they  have,  are 
hereby  declared  free." 

The  President,  with  a  straightforward  honesty 
that  has  marked  his  every  act,  seized  the  earliest 
opportunity  to  rebuke  that  usurpation  of  illegal 
authority.  I  only  regret  that  he  did  not  go  fur 
ther,  and  mark,  with  his  disapprobation,  that 
clause  declaring  martial  law,  and  that  he  did  not 
punish  the  usurpation  by  revoking  the  commis 
sion  of  the  officer  who,  charged  with  high  and 
responsible  command  in  the  midst  of  a  slave 
State,  gave  the  enemies  of  the  Government  so  se 
rious  a  ground  on  which  to  impeach  their  policy, 
and  who  treated  the  representatives  of  the  people 
with  so  much  contempt  as,  in  the  face  of  tl.e  very 
law  which  they  had  passed  scarcely  one  month 
before,  declaring  exactly  how  the  property  of 
rebels  should  be  dealt  with,  dared  thus  flagrantly 
to  usurp  legislative  powers,  and  deal  out  whole 
sale  confiscation  and  emancipation,  as  if  he  were 
above  all  law.  I  think  that  the  interests  of  the 
people  of  Missouri  would  be  safer  if  we  had  some 
one  who  could  be  content  with  high  military  com 
mand,  without  playing  the  dictator,  who  would 
confine  himself  to  marshalling  his  hosts,  remov 
ing  armed  opposition,  vindicating  the  authority  of 
the  Government,  and,  like  George  Washington, 
be  content  to  obey  the  laws,  and  not  either  vio 
late  them  or  attempt  to  make  them.  [Applause.] 

Gentlemen,  I  have  detained  you  already  too 
long,  ["  Go  on,"]  and  I  have  only  one  or  two  ob 
servations  further  to  submit  to  you.  The  policy 
of  the  Administration  and  Congress  in  dealing 
with  this  rebellion,  has  been  eminently  liberal. 
The  policy  of  the  people  in  the  rebellious  States 
has  been  eminently  illiberal  and  barbarous.  The 
men  who  pass  along  our  streets  and  talk  about 
ppression,  are  careful  never  to  refer  to  the  en 
actments  of  the  Southern  usurping  Legislature  ; 
they  never  refer  to  that  law  which  authorizes  and 
directs  the  President  of  the  Confederate  States  to 
mprison  every  alien  enemy,  meaning  our  fellow- 
citizens —  which  banishes  every  citizen  of  the 
United  States  who  will  not  acknowledge  their 
authority,  which  sequesters  every  cent's  worth 
of  property  of  every  man  living  in  any  of  the 
Northern  States,  which  dooms  to  the  halter,  or  to 
exile,  or  imprisonment,  every  resident  who,  how 
ever  peaceable,  refused  to  acknowledge  their 
usurping  domination.  Were  we  to  apply  that 
rule  to  the  gentlemen  who  insult  our  moderation, 
how  quickly  should  we  in  Baltimore  be  freed  from 
he  scowling  looks,  and  the  averted  glances,  and 
he  insolent  tones,  and  the  menaces  of  retaliation 
hat  meet  us  every  day  and  everywhere.  How- 
different,  gentlemen,  is  the  policy  of  the  Govern 
ment  of  the  United  States.  It  confiscates  no 
body's  property,  even  although  taken  in  arms 
against  the  Government.  Fremont's  proclama 
tion  presumed,  in  the  face  of  the  act  of  Congress, 
;o  do  that.  The  law  had  forbidden  it ;  the  law 
condemns  only  property  which  has  been  used  for 
rebellious  purposes  ;  it  sets  free  only  slaves  that 
lave  been  used  to  prosecute  the  war ;  it  confis 
cates  only  property  that  has  been  used  in  the 
course  of  commerce  between  the  rebellious  StaUd 


182 


REBELLION   RECORD,  18GO-61. 


and  the  loyal  States ;  and  there  it  stops ;  it 
lays  hold  of  the  thing  that  sins ;  it  confiscates 
nothing  beyond ;  it  leaves  the  estates  of  the  gen 
tlemen  who  have  left  Maryland  to  wage  war 
against  their  native  State,  untouched  by  the  law 
of  confiscation ;  it  leaves  the  negroes,  however 
powerful  an  element  they  might  be  made  of  em 
barrassment  in  the  slaveholding  States,  untouch 
ed,  save  where  their  masters  have  first  used  them 
to  aid  in  breaking  down  the  authority  of  the  Unit 
ed  States.  Moderation,  liberality  is  everywhere 
manifested  by  the  Government  of  the  United 
States,  just  as  vengeance,  illiberality,  a  disposition 
to  grasp  and  seize  everything  within  their  power,  to 
strip  honest,  innocent  people,  widows  and  child 
ren  not  less  than  men  in  arms,  of  their  last  sup 
port,  even  of  the  money  that  was  confided  to  the 
faith  of  their  State  by  being  invested  in  their  pub 
lic  securities.  Gentlemen,  that  is  the  liberality, 
the  respect  for  property,  that  these  people  show 
towards  our  fellow-citizens.  It  may  be  the  found 
ation  of  a  serious  appeal  for  more  stringent  mea 
sures  if  events  do  not  speedily  render  them  un 
necessary.  [Applause.] 

Gentlemen,  there  is  nothing  of  such  hopeful 
augury  as  the  moderation  of  the  United  States 
in  dealing  with  this  great  rebellion ;  and  on  that 
one  subject  of  the  freedom  of  the  slave,  tempting 
as  it  is  to  political  aspirants,  tempting  as  it  is  to 
men  who  wish  a  short  method  of  dealing  with 
a  great  rebellion,  those  in  power  have  felt  the  re 
sponsibilities  of  power,  and  know  that  they  are 
wielding  power  only  to  support  the  laws.  They 
know  that  they  are  just  as  much  bound  to  pro 
tect  that  property  as  any  other  property,  and 
that  no  citizen's  property  can  be  taken  at  the 
will  of  the  Government  otherwise  than  according 
to  law  and  the  Constitution.  Only  ignorant  fan 
atics  prate  about  decrees  of  emancipation.  There 
fore  it  is  that  everywhere  wrherever  the  arms  of 
the  United  States  have  penetrated  any  of  the 
slaveholding  States,  you  have  found  no  servile  re 
bellion  following  their  ranks  or  breaking  out  to 
meet  them.  A  few  stragglers  find  their  way  into 
the  camps,  a  few  seek  protection,  a  few  seize  the 
opportunity  of  running  away  from  their  masters ; 
but  anything  like  a  servile  insurrection  has  not 
been  heard  of  anywhere  in  the  presence  of  the 
army  of  the  United  States.  That  is  the  short 
reply  to  every  imputation  upon  the  faith  of  the 
Government.  [Applause.] 

But  the  great  question  remains  :  Can  the  Gov 
ernment  succeed  in  maintaining  its  authority  ? 
["  Yes."J  That  question  events  alone  can  answer. 
In  my  judgment,  if  the  wisdom  which  wields  the 
power  be  only  equal  to  the  enthusiasm,  the  devo 
tion,  the  liberality,  with  which  the  people  and 
the  States  have  lavished  men  and  money  in  the 
»ause  of  the  Republic,  then  there  is  no  doubt  as 
to  what  the  result  will  be.  [Applause.]  It  may 
be  that  here  now,  as  heretofore  in  the  history  of 
the  world,  a  great  cause  may  fail  in  the  field  for 
lack  of  great  ability  to  guide  it  in  the  proper  de 
partments  of  the  Cabinet.  We  humbly  and  earn 
estly  trust  that  that  will  not  be  the  case.  Rash 
ness  has  already  been  punished ;  disregard  of  high 


military  advice  has  already  met  humiliation  ;  hu- 
initiation  has  probably  brought  forth  repentance, 
and  repentance  is  the  beginning  of  wisdom,  t 
have  reason  to  believe  that  hereafter  military  que"- 
tions  will  be  left  to  military  men ;  and  military 
men,  with  heads  upon  their  shoulders,  will  be  ai- 
lowed  to  organize  and  direct  the  military  power 
of  the  United  States.  [Great  applause.]  I  know, 
fellow-citizens,  that  great  changes  have  been 
wrought  lately  in  both  the  military  departments. 
Up  to  this  time  the  blockade  has  been  a  mocke 
ry  ;  the  Secretary  of  the  Navy,  after  six  months' 
experience,  has  found  it  out,  and  there  has  been 
there  a  change.  He  has  found  out  that  age  and 
decrepitude  are  not  indispensable  for  command, 
and  that  Southern  birth  and  residence  are  not 
disqualifications.  Maryland  and  Delaware  have 
been  honored  by  high  and  responsible  commands 
in  the  persons  of  Goldsborough  and  Du  Pont,  who 
are  about  to  sail  from  our  ports  with  great  expe 
ditions  under  their  charge — already  too  long  de 
layed — but,  in  their  hands,  sure  to  prove  fruitful 
of  high  enterprise  and  great  results.  [Applause.] 

The  wisdom  of  their  selections  redeems  many 
of  the  delays  and  blunders  which  have  led  to 
them.  The  Administration  have  sho\vn  no  great 
er  knowledge  of  men,  no  greater  determination  to 
subordinate  unjust  suspicions  to  the  necessities 
of  the  public  service  and  sound  policy,  than  when 
from  the  bosom  of  two  slaveholding  States  they 
selected  the  leaders  of  these  great  expeditions, 
which,  uniting  under  the  same  command  officers 
of  high  merit  from  Massachusetts  and  South-Caro 
lina,  together  with  men  from  the  slave  and  men 
from  the  free  States,  fitly  represent  the  unity  of 
the  national  power  whose  banner  they  are  charged 
to  restore  on  the  Atlantic  coast.  [Great  applause.] 

The  War  Department  has  been  taught  by  the 
misfortune  of  Bull  Run — which  has  broken  no 
power,  nor  any  spirit ;  which  bowed  no  State,  nor 
made  any  heart  falter ;  which  was  felt  as  a  humili 
ation,  and  which  strong  men's  nerves  to  retrieve 
in — that  has  brought  forth  wisdom.  They  now 
know,  if  they  did  not  know  before,  that  a  half 
equipped  army  is  not  fit  to  deal  with  the  desperate 
powers  arrayed  against  the  Government.  They 
now  know  that  equality  of  forces  is  not  a  becom 
ing  proportion  for  a  Government  in  the  face  of  a 
rebellion  it  is  about  to  suppress  ;  it  looks  too  much 
like  a  struggle  between  a  strong  government  and 
a  weak  one.  They  know  now  that  it  requires 
military  knowledge  to  lead  a  host ;  that  it  requires 
months  to  convert  a  crowd  into  an  army ;  that 
without  artillery  a  modern  army  is  nothing,  and 
that  without  cavalry  it  is  a  bird  without  wings  ; 
that  without  the  means  of  following  up  a  victory, 
victory  is  worthless.  They  now  know  that  victo 
ry  at  Bull  Run  would  have  been  disaster  and  not 
success ;  that  had  they  beaten  the  enemy  finally, 
as  they  had  beaten  actually  from  the  field  at  one 
period  in  the  day  the  Confederate  forces,  they 
could  not  have  followed  up  the  victory ;  that  it 
they  had  attempted  to  follow  it  up,  they  would 
have  found  themselves  in  the  midst  of  Virginia 
with  an  army  melting  like  snow  beneath  the  sun; 
that  the  three  months'  volunteeis,  as  their  terms 


DOCUMENTS. 


183 


of  enlistment  expired,  would  have  left  a  remnant 
in  the  centre  of  Virginia  to  be  a  prey  for  the 
rebels'  swollen  power.  How  earnestly  true  was 
the  exhortation  of  the  great  military  leader  and 
adviser  of  the  Administration,  appears  by  this — 
that  Bull  Run  having  been  fought  upon  the  twen 
tieth  of  July,  the  army  of  the  United  States,  un 
der  a  commander  of  relentless  activity  and  energy, 
and  of  ability  equal  to  the  highest  in  the  army, 
is  still  drilling,  going  through  its  parades,  being 
organized,  waiting  for  its  material  of  war,  within 
five  miles  of  the  city  of  Washington.  All  that 
they  gained  by  the  battle  of  Bull  Run  was  that, 
instead  of  being  able  to  march  in  October,  as  Win- 
field  Scott  told  them  they  would  if  they  let  him 
alone  and  did  not  push  him  on  before  he  was 
ready  to  go ;  they  are  not  yet  ready,  and  we  are 
past  the  middle  of  October  itself,  and  probably 
will  not  be  ready  before  November.  But,  gentle 
men,  when  that  movement  takes  place,  it  will  be 
no  array  of  straggling  regiments  hunting  up  a 
commander  over  a  vast  field  of  battle,  [laughter,] 
it  will  be  no  disorganized  body  of  regiments  never 
bound  together  in  a  brigade,  and  which  hardly 
saw  their  commander's  or  their  companion's  face 
until  the  day  of  battle ;  but  it  will  be  the  best 
men  of  the  American  people,  as  good,  ay  better 
than  ever  faced  an  enemy  in  the  same  numbers 
before,  [applause,]  accustomed  to  all  the  evolu 
tions  of  modern  warfare,  having  profound  confi 
dence  in  their  young  and  brilliant  leader,  [great 
applause,]  accustomed  by  continual  reconnoissan- 
ces  and  skirmishes  to  meet  the  enemy  in  arms 
and  learn  what  battle  is,  blended  into  that  com 
pound  of  steel  and  fire  \vhich  makes  an  army 
ready  to  be  launched,  like  one  of  God's  bolts, 
upon  the  enemies  of  the  country.  [Great  ap 
plause.]  We  may  fail  again,  for  war  is  a  game 
of  blended  skill  and  chance,  whose  determination 
is  with  the  Most  High,  [applause ;]  but  I  earnest 
ly  trust  and  believe  we  shall  not  fail.  The  ac 
tivity  and  energy  with  which  those  in  power  are 
now  endeavoring  to  second  the  efforts  of  military 
men  to  organize  a  force  before  encountering  the 
chances  of  defeat,  are  of  good  augury  for  the  Re 
public. 

When  the  banner  once  more  points  forward,  it 
will  proudly  advance  until  the  rejoicing  soldier 
shall,  like  Xenophon's  Greeks  at  the  aspect  of 
the  Euxine,  after  their  weary  march,  greet  with 
the  cry  of  "the  sea,"  "the  sea,"  the  glancing 
waves  of  the  Gulf  of  Mexico,  [applause ;]  pene 
trating  at  more  than  one  point,  armies  of  deliver 
ance  shall  march  not  to  subjugate,  but  to  free; 
not  to  violate  any  law  of  the  land,  but  to  enforce 
them  all ;  to  put  down  rebellion  and  its  armed  in 
solence  ;  to  restore  to  loyal  hearts  the  security 
that  for  long  months  they  have  not  known ;  to 
restore  the  ancient  boundaries  of  the  Republic ; 
to  wipe  out  from  the  escutcheon  of  the  nation, 
the  stain  of  our  failing  arms  ;  to  restore  our  repu 
tation  before  the  nations  of  the  world ;  to  teach 
men  that  liberty  is  not  a  mockery,  and  a  Repub 
lic  is  not  another  name  for  feebleness  or  anarchy, 
to  teach  the  jeering  tyrants  of  the  Old  World  that 
their  day  is  not  come  yet ;  to  let  them  know  that 


the  Bulwer  Lyttons  can  prophesy  in  vain,  and 
see  false  visions  in  their  hopes  of  the  overthrow 
of  the  great  rival  of  England,  and  that  Alison  does 
not  comprehend  the  greatness  of  this  people,  nor 
the  peculiarity  of  their  genius,  when  he  indites 
puerile  epistles  about  an  established  church,  and 
a  limited  monarchy  for  the  free  men  of  America. 
[Laughter  and  applause.] 

Gentlemen,  we  do  not  want  the  assistance  of 
the  people  across  the  water.  We  do  not  fear  their 
hostility.  We  shall  be  glad  of  their  good  will: 
we  will  not  mourn  if  it  is  withdrawn.  We  know 
that  we  owe  them  nothing  but  good  will,  and  that 
we  are  ready  to  reciprocate.  It  is  our  duty  to 
take  care  of  ourselves.  We  mean  to  be  fully  up 
to  that  duty.  We  rely  upon  their  interests,  and 
not  upon  their  love,  to  let  us  alone.  We  know 
that  the  Sdteth  is  disappointed  in  the  expectation 
of  having  the  blockade  broken,  merely  because 
John  Bull  counted  the  cost,  and  found  that  a  war 
with  the  United  States  would  cost  more  than  the 
Southern  cotton  would  pay  for.  We  know  very 
well  that  Louis  Napoleon  prefers  not  to  pick  any 
quarrel  with  this  country,  among  other  reasons 
because  the  navy  of  England  overmatches  his 
own,  and  sees  the  time  when  possibly  the  sailors 
of  America  may  be  needed  to  balance  the  power 
of  England.  [Applause.]  We  know  that  whilst 
one  interest  would  prompt  him  to  embarrass — 
another,  a  greater,  a  near  one — compels  him  to 
let  us  alone;  for  he  is  surrounded  by  revolutiona 
ry  fires,  stifled  but  not  extinct,  and  if  he  turns 
from  home  he  may  find  that  "  fire  in  the  rear" 
uncomfortably  girding  his  revolutionary  throne. 
[Laughter.]  There  is  some  sympathy,  strange  to 
say,  and  it  has  more  than  once  been  manifested, 
by  the  great  despot  of  Russia,  for  this  great  de 
mocracy.  They  seem  to  have  a  kindred  feeling 
in  their  youth,  their  newness,  their  growing 
strength,  their  freedom  from  most  of  the  embar 
rassments  of  other  governments,  and  the  bound 
less  regions  of  space  that  invite  them  to  expand 
their  empire.  They  feel  that  to  them  belongs  the 
future,  however  different  the  form  of  empire ;  and 
although  we  may  seek  our  advancement  in  differ 
ent  methods  and  in  different  forms,  yet  each,  in 
his  appropriate  sphere,  in  his  appointed  time,  in 
his  own  way,  is  working  out  the  great  problem 
of  human  destiny — we  of  human  freedom  on  this 
side  the  Atlantic,  he  of  human  civilisation  among 
the  half-civilized  men  of  Asia, 

But  while  we  accept  the  courtesy  of  the  auto 
crat's  good  wishes,  we  trust  nothing  to  his  good 
will ;  our  fate  is  in  our  hands ;  on  them  alone  we 
must  rely.  There  is  now  no  prospect  of  foreign 
intrusion,  but  no  man  can  tell  what  a  day  may 
bring  forth.  We  shall,  I  think,  meet  with  no  dis 
turbance  from  beyond  the  Atlantic  at  present. 
To-morrow  it  may  suit  the  policy  of  England,  or 
France,  or  Russia,  to  fling  their  sword  into  tho 
scale  of  our  destinies,  and  that  might  decide  them. 
Now  is  the  time,  at  once,  without  delay,  unitedly  for 
us  here  in  Maryland,  as  well  as  those  in  Kentucky 
and  those  in  Missouri,  with  our  brethren  in  the 
North,  to  scatter  and  destroy  at  one  blow  the 
armed  array  of  our  enemies,  ere  delay  consolidates 


184 


REBELLION  RECORD,  1860-61. 


their  power,  or  foreign  complication  embarrass  our 
arms.  We  must  not  merely  defeat,  we  must  de 
stroy  the  army  before  "Washington.  That  will 
break  the  military  power  of  the  rebellion,  and 
whenever  the  sword  shall  be  stricken  from  the 
hand  which  lifted  it  against  the  Union,  the  terrors 
of  despotic  power  will  vanish  from  the  land,  and 
grateful  eyes  will  turn  in  tears  to  greet  the  unfor- 
gotten  banner  of  the  Republic. 


I 


Doc.  27. 
BATTLE  OF  CARNIFEX  FERRY,  VA.* 

REPORT  OF  GEN.  JOHN  B.  FLOYD,  C.S.A. 

HEADQUARTERS  ARMY  OF  KANAWHA,  f 
CAMP  ON  THE  ROAD,  Sept.  12,  1861.      f 

Son.  L.  P.  Walker,  Secretary  of  War  : 

Sm :  Information  had  reached  me  for  some 
number  of  days,  that  a  heavy  force  was  advanc 
ing  toward  my  position,  from  the  direction  of 
Clarksburg,  in  the  northwestern  part  of  the  State. 
As  these  rumors  became  certainty,  I  made  an 
effort  to  strengthen  myself,  first,  by  reinforce 
ments,  and  secondly,  by  intrenchments  sufficient 
to  withstand  the  very  large  force  of  the  enemy. 
My  orders  to  Gen.  Wise  I  send  you  copies  of,  and 
also  copies  of  his  reply. 

I  failed  in  procuring  reinforcements,  but  suc 
ceeded  somewhat  better  in  the  construction  of  a 
temporary  breastwork.  At  three  o'clock  in  the 
evening  of  the  tenth  of  September,  the  enemy, 
under  the  command  of  Gen.  Rosecrans,  (as  we 
learned  through  prisoners,)  of  whose  advance  I 
was  fully  aware,  at  the  head  of  ten  regiments, 
made  his  appearance  before  our  entrenchments, 
when  the  battle  instantly  commenced.  Our  lines 
were  necessarily  very  extended,  for  the  purpose 
of  protecting  our  position,  and  when  manned,  left 
not  one  man  for  reserve.  The  assault  was  made 
with  spirit  and  determination,  with  small  arms, 
grape  and  round  shot,  from  howitzers  and  rifled 
cannon.  There  was  scarcely  an  intermission  in 
the  conflict,  until  night  put  an  end  to  the  firing. 
The  enemy's  force  is  estimated  certainly  between 
eight  and  nine  thousand  men,  whilst  our  force 
engaged  was  less  than  two  thousand. 

Upon  the  close  of  the  contest  for  the  night,  I 
discovered  that  it  was  only  a  question  of  time 
when  we  should  be  compelled  to  yield  to  the  su 
periority  of  numbers.  I  therefore  determined  at 
once  to  recross  the  Gauley  River,  and  take  posi 
tion  upon  the  left  bank,  which  I  accomplished 
without  the  loss  of  a  gun,  or  any  accident  what 
ever.  Our  loss,  strange  to  say,  after  a  continued 
firing  upon  us  by  cannon  and  small  arms,  for 
nearly  four  hours,  was  only  twenty  men  wounded. 
The  loss  of  the  enemy  we  had  no  means  of  ac 
curately  estimating,  but  we  are  satisfied  from 
reports  of  prisoners,  and  other  sources  of  informa 
tion,  was  very  heavy.  We  repulsed  them  in  five 
distinct  and  successive  assaults,  and  at  nightfall 
bad  crippled  them  to  such  an  extent,  that  they 

•  See  page  38,  Docs.,  VoL  m. 


were  in  no  condition  whatever  to  molest  us  in 
our  passage  across  the  river.  I  will  only  say, 
that  our  men,  without  distinction,  behaved  with 
he  greatest  coolness,  determination,  and  pres 
ence  of  mind ;  and  while  it  is  impossible  to  give 
araise  to  one  portion  of  the  force  engaged  over 
another,  it  is  but  proper  to  say  that  the  artillery 
Behaved  with  the  greatest  bravery  and  efficiency ; 
hat  under  the  command  of  Capt.  Guy,  who  had 
reached  me  only  two  days  before,  and  \vcre  for 
;he  first  time  under  fire,  behaved  themselves  in  a 
manner  worthy  of  all  praise. 

I  am  very  confident  that  I  could  have  beaten 
ihe  enemy,  and  have  marched  directly  to  the 
Valley  of  Kanawha,  if  the  reinforcements  from 
Gen.  Wise's  column  had  come  up  when  ordered, 
and  the  regiments  from  North-Carolina  and  Geor 
gia  could  have  reached  me  before  the  close  of  the 
second  day's  conflict.  I  cannot  express  the  re 
gret  which  I  feel  at  the  necessity,  over  which  I 
bad  no  control,  which  required  that  I  should  re- 
ross  the  river.  I  am  confident  that  I  should 
have  commanded  the  services  of  five  thousand 
men,  instead  of  eighteen  hundred,  which  I  had,  I 
could  have  opened  the  road  directly  into  the  Val 
ley  of  the  Kanawha. 

It  would  seem  now  as  if  the  object  so  nearly 
accomplished,  can  only  be  obtained  by  an  ad 
vance  upon  the  enemy,  by  the  left  bank  of  the 
Kanawha  River,  with  a  sufficient  force  at  any 
time  to  give  him  battle.  This  force,  if  possible, 
ought  to  be  collected  from  Tennessee  and  Ken 
tucky.  Their  close  correspondence  shows  dis 
tinctly  enough  the  urgent  necessity  of  so  shaping 
the  command  in  the  Valley  of  the  Kanawha,  as  to 
ensure  in  the  future  that  unity  of  action  upon 
which  alone  can  rest  any  hope  of  success  in  mili 
tary  matters. 

I  have  not  thought  proper  to  take  any  other 
notice  of  these  transactions,  than  to  bring  them 
to  the  notice  of  the  President  and  Secretary  of 
the  Confederate  States.  The  reasons  which  have 
induced  me  to  take  this  course,  I  am  sure,  will 
not  be  misunderstood  by  either. 

I  apprehend  the  course  the  enemy  proposes  to 
pursue  is  to  carry  out  the  plans  indicated  by  Gen. 
Rosecrans  to  Gen.  Tyler,  for  the  invasion  of  the 
interior  of  the  State  and  the  seizure  of  Lewisburg, 
set  forth  in  the  intercepted  letter  of  the  latter,  a 
month  ago.  To  prevent  this,  I  am  in  command 
of  an  actual  force  of  four  thousand  two  hundred 
men.  This  force  will  be  required  to  oppose  the  ad 
vance  of  Gens.  Cox  and  Rosecrans,  with  all  their 
forces,  as  they  undoubtedly  will,  of  at  least  twelve 
thousand  men.  This  disparity  in  numbers  is  too 
great,  although  I  will  certainly  give  battle  to  the 
invading  army  at  some  strong  point  in  the  mount 
ain-passes,  such  as  I  may  hope  will  equalize,  to 
some  extent,  our  numbers.  This  may  occur  with 
in  the  next  few  days  ;  but  should  it  be  deferred 
for  any  length  of  time,  I  hope  the  department 
will  find  itself  to  strengthen  us  with  reenforce- 
ments.  In  the  mean  time,  should  General  Lee 
attack  and  repulse  the  enemy  at  Rich  Mountain, 
I  will  hold  myself  LI  position  to  fall  upon  his 


DOCUMENTS. 


185 


flank  or  rear,  as  circumstances  may  allow,  or  my 
force  authorize. 

I  have  the  honor  to  be,  with  respect, 

Your  obedient  servant. 

[This  is  signed  by  Adjt.  Peters,  because  an  in 
jury  prevents  my  holding  a  pen.] 

JOHN  B.  FLOYD, 

Brig.-Gen.  Commanding  Army  of  Kanawha. 

By  WILLIAM  E.  PETERS, 

Acting  Adjutant-General,  Floyd's  Brigade. 

— Richmond  Examiner ,  February  11, 1862. 

Doc.  28. 
"  PERSONAL  LIBERTY  LAWS." 

LETTER  FROM  CHARLES  D.  DRAKE. 

ST.  Louis,  April  11,  1861. 

Hon.  William  A.  nail,  Randolph  County,  Mis 
souri  : 

DEAR  SIR  :  I  have  just  received  your  note  of 
sixth  instant,  in  which  you  state  that  "  the  se 
cessionists  make  more  capital  out  of  their  exag 
gerations  of  the  enormities  of  the  Personal  Lib 
erty  Laws  of  the  free  States  than  all  other  sub 
jects  together ;"  and  suggest  that  I  could  "  do 
great  service  to  the  cause  of  the  UNION  by  giv 
ing  a  summary  of  the  provisions  of  those  laws." 
I  respond  at  once  and  cheerfully  to  your  request. 
The  cause  of  the  UNION  is  my  cause,  my  child 
ren's  cause,  my  country's  cause,  freedom's  cause; 
and  I  have  never  seen  the  moment  when  I  was 
not  ready  to  do  any  service  in  my  power,  great 
or  small,  for  it. 

As  to  the  Personal  Liberty  laws,  while  I  wholly 
condemn  every  word  and  letter  of  them  which  is 
intended,  directly  or  remotely,  to  interfere  with 
the  full  and  prompt  execution  of  the  Fugitive 
Slave  Act,  it  is  to  my  mind  clear  that  their  char 
acter  and  extent  have  been  grossly  exaggerated. 
This  is  not  to  be  wondered  at ;  for  in  this  lati 
tude  the  passions  which  have  "  precipitated  the 
cotton  States  into  a  revolution  "  do  not  sway  the 
popular  mind,  and  it  is  necessary  for  the  seces 
sionists  to  find  some  chord  to  touch,  which  is 
connected  with  the  actual  experience  of  wrong 
by  our  people.  That  great  wrong  has  been  done 
to  the  slaveholders  of  Missouri  and  other  slave- 
holding  States  by  the  enticement  of  slaves  to  run 
away,  and  by  the  obstacles  which  have  been  in 
terposed  to  their  recapture,  is  beyond  dispute ; 
but  this  wrong  is  not  so  much  chargeable  upon 
those  Personal  Liberty  laws  as  upon  the  per 
verted  and  injurious  tone  of  popular  sentiment 
in  the  free  States.  It  is  the  unauthorized,  illegal 
and  unjustifiable  acts  of  fanatical  individuals, 
singly  or  as  mobs,  much  more  than  any  author 
ized  execution  of  the  laws  of  those  States  by  the 
constituted  authorities  thereof,  which  has  pro 
duced  the  trouble  that  has  sprung  from  attempts 
to  retake  fugitive  slaves.  These  individual  acts 
cannot  be  regarded  as  the  fruits  of  the  Personal 
Liberty  laws,  for  they  have  been  perpetrated  as 
well  in  States  which  have  never  passed  any  such 
law,  as  in  those  which  have.  It  is  important  for 
the  friends  of  the  Union  to  keep  these  things  in 
mind  in  their  discussions  with  the  secessionists, 


so  as  to  prevent  the  effect  of  the  exaggerations  to 
which  you  refer.  If  secession  is  to  become  domi 
nant  in  Missouri,  let  it  not  be  because  the  Union 
men  fail  to  present  the  truth  to  the  people. 

Before  proceeding  to  give  the  desired  summary, 
let  me  bring  into  view  a  point  decided,  in  1842, 
by  the  Supreme  Court  of  the  United  States,  in 
the  case  of  Prigg  vs.  Pennsylvania,  reported  in 
16  Peters'  Reports,  539.  There,  after  elaborate 
argument  by  eminent  counsel,  and  "  most  delib 
erate  examination "  by  the  Court,  it  was  held 
that  the  power  of  legislation  in  relation  to  the  re 
capture  of  fugitive  slaves  is,  by  the  Constitution 
of  the  United  States,  vested  exclusively  in  Con 
gress.  From  this  it  follows  that  no  State  Legis 
lature  has  any  power  to  legislate  at  all  on  that 
subject;  and  hence  that  no  State  officer  can,  as 
such,  be  required  or  authorized  to  aid  in  taking  a 
fugitive  slave,  except  by  act  of  Congress ;  and 
as  the  Fugitive  Slave  Act  does  not  impose  any 
obligation  or  confer  any  power  upon  any  State 
officer  in  the  premises,  it  is  no  violation  of  the 
Constitution,  or  breach  of  good  faith,  for  a  State 
to  pass  a  law  forbidding  its  own  officers  to  do 
what  Congress  has  not  made  it  their  duty  to  do, 
but,  by  devolving  the  obligation  upon  others,  has 
made  it  the  duty  of  State  officers  not  to  do.  The 
bearing  of  this  upon  the  matter  in  hand  will  be 
presently  seen. 

Another  remark  should  be  made.  When  I 
speak  of  "  Personal  Liberty  Laws,"  I  mean  only 
such  laws  as  tend  to  interfere  with  the  due  and 
proper  execution  of  the  Fugitive  Slave  Act ;  and 
such  I  suppose  to  be  the  general  understanding 
of  the  phrase.  A  law  prohibiting  slavery  in  a 
State,  or  forbidding  State  officers  to  aid  in  the 
arrest,  detention,  or  removal  of  fugitive  slaves, 
is  not  a  law  of  that  character,  and  can  be  no  just 
cause  of  complaint  on  the  part  of  citizens  of  the 
slaveholding  States,  as  violative  of  the  Constitu 
tion,  or  as  a  breach  of  good  faith.  Each  State 
has  a  right  to  prohibit  slavery  in  its  own  borders, 
and  to  define  the  duties  of  its  own  officers. 

Keeping  in  view  the  points  thus  preliminarily 
presented,  I  state  that  (leaving  out  Kansas,  con 
cerning  which  I  am  not  advised)  only  four  of 
the  remaining  eighteen  free  States  have  any  law 
upon  their  statute-books  which  could  be  consid 
ered  as  interfering  with  the  full  execution  of  the 
Fugitive  Slave  Act. 

In  New-Hampshire,  Rhode  Island,  Connecticut, 
New-Jersey,  Ohio,  Indiana,  Illinois,  Iowa,  Minne 
sota,  California,  and  Oregon — eleven  States — there 
is  no  law  at  all  on  the  subject.  Let  this  impor 
tant  fact  be  noted. 

In  New- York,  in  1840,  an  act  was  passed  giv 
ing  the  right  of  trial  by  jury  to  persons  arrested 
as  fugitive  slaves  ;  but  that  was  before  the  deci 
sion  of  the  Supreme  Court  in  Prigg  TS.  Pennsyl 
vania,  and  before  the  passage  of  the  Fugitive 
Slave  Act  of  1850  ;  and  the  law  is  regarded 
there  as  entirely  void,  though  it  has  never  been 
formally  repealed.  So  New-York  may  be  added 
to  the  list  of  non-offending  States,  making  twelve. 

In  Maine  and  Pennsylvania  the  legislation  is 
confined  to  the  single  point  of  prohibiting  th« 


186 


REBELLION  RECORD,  1860-61. 


officers  of  those  States  from  doing  any  act  about 
the  arrest  or  detention  of  fugitive  slaves.  So 
they  may  be  added  to  the  list  of  non-offending 
States,  too,  making  the  number  fourteen. 

But  four  of  the  free  States  remain — Vermont, 
Massachusetts,  Michigan,  and  Wisconsin;  and 
within  their  comparatively  limited  territory,  far 
removed  from  the  slaveholding  States,  is  to  be 
found  all  the  offensive  legislation  upon  which  the 
secessionists  have  based  their  clamor.  Let  us  see 
its  character  and  extent. 

VERMONT. 

The  law  of  this  State  provides  that  no  court, 
justice  of  the  peace,  or  magistrate,  shall  take 
cognizance  of  any  certificate,  warrant  or  process 
under  the  Fugitive  Slave  Act ;  that  no  officer  or 
citizen  of  the  State  shall  arrest,  or  aid  or  assist  in 
arresting,  any  person  for  the  reason  that  he  is 
claimed  as  a  fugitive  slave  ;  that  no  officer  or  cit 
izen  shall  aid  or  assist  in  the  removal  from  the 
State  of  any  person  claimed  as  a  fugitive  slave  ; 
but  this  act  shall  not  be  construed  to  extend  to 
any  citizen  of  the  State,  acting  as  a  Judge  of 
the  Circuit  or  District  Court  of  the  United 
States,  or  as  Marshal  or  Deputy  Marshal  of  the 
District  of  Vermont,  or  to  any  person  acting 
under  the  command  or  authority  of  said  courts 
or  Marshal.  The  law  further  requires  the  State's 
Attorney  to  act  as  counsel  for  alleged  fugitives ; 
provides  for  issuing  writ  of  habeas  corpus,  and 
the  trial  by  jury  of  all  questions  of  fact  in  issue 
between  the  parties ;  and  declares  that  every  per 
son  who  may  have  been  held  as  a  slave,  who 
shall  come,  or  be  brought,  or  be  in  this  State, 
with  or  without  the  consent  of  his  or  her  master 
or  mistress,  or  who  shall  come  or  be  brought,  or 
be  involuntarily,  or  in  any  way,  in  this  State, 
shall  be  free.  It  is  also  provided  that  every  per 
son  who  shall  hold,  or  attempt  to  hold,  in  this 
State,  in  slavery,  or  as  a  slave,  any  person  men 
tioned  as  a  slave  in  the  section  of  this  act  relating 
to  fugitive  slaves,  or  any  free  person,  in  any 
form  or  for  any  time,  however  short,  under  the 
pretence  that  such  person  is  or  has  been  a  slave, 
shall  be  imprisoned  in  the  State  prison  for  a  term 
of  not  less  than  one  year  nor  more  than  fifteen 
years,  and  be  fined  not  exceeding  two  thousand 
dollars. 

MASSACHUSETTS. 

In  this  State  the  Governor  is  to  appoint  a  Com 
missioner  in  each  county,  to  defend  fugitive 
slaves  and  secure  them  a  fair  and  impartial  trial 
by  jury  ;  the  officers  of  the  State  are  prohibited 
from  taking  cognizance  of  any  case,  issuing  any 
warrant  or  process,  or  granting  any  certificate 
under  the  Fugitive  Slave  Acts  of  Congress ;  the 
militia  of  the  State  are  prohibited  from  acting  in 
any  manner  in  the  seizure,  detention,  or  rendition 
of  fugitives  ;  and  the  jails  and  prisons  of  the 
State  are  forbidden  to  be  used  for  confining 
them. 

MICHIGAN. 

The  law  of  this  State  requires  State's  Attor 
neys  to  act  as  counsel  for  fugitive  slaves  ;  secures 
to  persons  arrested  as  fugitive  slaves  the  benefit 


of  habeas  corpus  and  trial  by  jury  ;  denies  the 
se  of  State  jails  for  their  detention  ;  and  requires 
the  identity  of  fugitive  slaves  to  be  proved  by 
two  credible  witnesses,  or  by  legal  evidence 
equivalent  thereto. 

WISCONSIN. 

The  law  of  this  State  is  the  same  as  that  of 
Michigan,  except  that  it  does  not  prohibit  the 
use  of  the  State  jails,  and  provides  for  an  appeal 
to  the  Circuit  Court  of  the  State,  and  forbids  tho 
reception  of  depositions  in  evidence.  It  contains 
one  section  which,  I  believe,  is  not  to  be  found  in 
the  statute-book  of  any  other  State,  and  is  in  the 
following  words : 

"  No  judgment  recovered  against  any  person  or 
persons  for  any  neglect  or  refusal  to  obey,  or  any 
violation  of  the  act  of  Congress,  commonly  term 
ed  the  'Fugitive  Slave  Act,'  approved  September 
eighteenth,  1850,  or  any  of  the  provisions  thereof, 
shall  be  a  lien  on  any  real  estate  within  this  State, 
nor  shall  any  such  judgment  be  enforceable  by 
sale  or  execution  of  any  real  or  personal  property 
within  this  State ;  and  in  case  of  seizure  or  sale 
of  any  personal  property,  by  virtue  of  any  exe 
cution  issued  on  such  judgment,  the  defendant 
in  said  execution  may  maintain  an  action  of  re 
plevin,  or  other  action  to  secure  posession  there 
of,  in  the  manner  provided  by  law  for  such  ac 
tions,  on  affidavit  filed  as  required  by  law,  and 
a  further  statement  therein  that  said  execution 
issued  in  a  judgment  rendered  under  the  pro 
visions  of  the  act  of  Congress  aforesaid ;  and  the 
provisions  of  this  section  shall  also  apply  to 
judgments  heretofore  rendered." 

Such  is  the  summary  of  the  legislation  of  the 
Free  States  in  regard  to  fugitive  slaves.  Out  of 
eighteen  States  two  in  New-England  and  two  in 
the  Northwest  have  passed  laws  interfering  with 
the  execution  of  the  Fugitive  Slave  Act ;  which 
laws  are  unconstitutional  and  void,  so  far  as  they 
so  interfere,  and  would  be  so  declared  by  the 
Supreme  Court  of  the  United  States  whenever 
brought  before  that  tribunal. 

No  sane  man  will  deny  that  the  Constitution 
provides  in  that  court  a  tribunal  where  all  such 
laws  may  be  declared  null,  and  that  it  does  not 
contemplate  revolution  as  a  remedy  against  such 
wild  and  fanatical  legislation.  And  yet  this  ter 
rible  remedy  is  urged  upon  the  people  of  Missouri 
But  in  what  way  would  secession  benefit  us,  in 
regard  to  the  offensive  laws  of  those  four  States  ? 
Would  it  repeal  or  annul  them  ?  Every  man 
knows  that  they  would  remain  ;  and  we  should 
have  the  poor  satisfaction  of  knowing  that  we 
had  run  away  from  them,  and  at  the  same  time 
had  abandoned  our  allegiance  to  the  Constitution 
which  has  sheltered  us  from  our  birth,  which  has 
never  harmed  but  ever  blessed  us,  and  which, 
once  destroyed,  may  never  be  reconstructed  in  ita 
original  fair  proportions; 

But  even  were  secession  a  fit  remedy,  or  a  rem 
edy  in  any  sense,  for  this  miserable  legislative 
exhibition  of  fanaticism,  on  what  principle  of 
manliness  or  generosity  can  we  resort  to  it,  when 
fourteen  others  of  our  sister  free  States  have  stood 


DOCUMEXTS. 


187 


firm  through  the  anti-slavery  agitations  of  the  |  the  Union.     Since  the  affair  of  Fort  Sumter,  there 
last  thirty  years,  and,  from  regard  to  their  South-    has  been  a  general  disposition  manifested  in  this 


ern  brethren  and  their  constitutional  obligations, 
have  either  refused  to  adopt  any  such  laws,  or 
have  promptly  repealed  them — as  Rhode  Island 
lately  did — when  their  true  character  was  fairly 
presented  ?  How  dare  we  visit  the  calamities  of 
revolution  upon  those  fourteen  States,  among 
which,  be  it  always  remembered,  is  every  border 
free  State  ?  How  can  we  justify  ourselves  in 
making  aliens  and  enemies  of  our  true  and  loyal 
neighbors  and  friends  in  those  States,  merely  be 
cause  four  other  and  distant  States  have  yielded 
to  a  fanaticism  which  calm  reason  and  the  lapse 
of  time  would  surely  dispel  ? 

But  you  know,  and  every  intelligent  citizen 
knows,  that  this  outcry  about  Personal  Liberty 
laws  is  a  mere  shallow  device  to  excite  popular 
passion  and  provoke  a  revolutionary  spirit ;  and 
that  it  was  never  heard  till  after  the  result  of  the 
Presidential  election  became  known,  and  the  agi 
tators  of  the  South  needed  fuel  to  keep  the  fires 
of  treason  burning  long  enough  to  consume  the 
cords  which  bound  the  hearts  of  the  people  to 
the  Union.  Puerile  and  contemptible  as  it  is,  as 
a  moti/e  to  the  most  causeless  and  fatal  popular 
crime  that  the  history  of  ages  has  recorded,  it 
served  its  malignant  purpose  there,  and  now  it  is 
to  be  made,  if  possible,  to  play  the  same  devilish 
part  here.  But  we  can  well  trust  the  intelligence 
and  patriotism  of  the  people  of  Missouri  to  pro 
tect  them  against  their  own  destruction,  on  such 
a  false  and  flimsy  pretext  as  that.  Some  may 
for  a  time  be  misled,  but  the  great  popular  heart 
will  still  beat,  as  I  feel  assured  yours  does,  and 
as  I  know  mine  does,  for  the  'UNION. 

Very  truly  your  friend, 

CHAS.  D.  DRAKE. 


SPEECH   OF 


Doc.  29. 
ELISHA  R. 


POTTER, 


OF  SOUTH -KINGSTOWN,  IN  THE  SENATE  OF  RHODE 
ISLAND,  DURING  THE  SPECIAL  SESSION,  AUGUST 
10,  1861. 

MR.  POTTER,  of  South-Kingstown,  offered  the 
following  resolutions : 

Resolved,  That  in  the  present  crisis  of  our  pub 
lic  affairs,  there  ought  to  be  a  full  and  sincere 
union  of  all  political  parties  in  support  of  the  con 
stitutionally  elected  Government  of  the  United 
States,  and  that  this  General  Assembly  pledges 
to  the  President  of  the  United  States  the  best  ex 
ertions  of  the  government  and  people  of  Rhode 
Island,  and  its  entire  resources,  for  the  preserva 
tion  of  the  Union. 

Resolved,  That  His  Excellency  the  Governor 
be  requested  to  cause  a  copy  of  this  resolution  to 
be  transmitted  to  the  President  of  the  United 
States. 

Mr.  Potter  said : 

Before  taking  the  question  on  the  resolutions  I 
have  introduced,  I  wish  to  offer  a  few  remarks. 


State  to  support  the  National  Administration. 
The  Democrats  were  generally  disposed  to  sup 
port  the  President  in  his  efforts  to  preserve  the 
Union,  if  they  could  be  allowed  to  do  so,  but  un 
fortunately  there  was  with  a  few  persons  a  dis 
position  to  denounce  every  one  as  a  secessionist 
who  did  not  agree  with  them  in  full,  and  more 
especially  if  they  had  an  old  grudge  against  him. 

When  I  heard  the  address  of  Governor  Sprague, 
at  the  opening  of  the  session,  in  which  he  spoke 
of  the  power  and  resources  of  the  South,  I  could 
not  help  thinking  that  if  that  address  had  been 
made  three  weeks  ago,  the  Governor  himself 
would  have  been  denounced  as  a  secessionist, 
notwithstanding  all  he  had  done  and  risked  in  de 
fence  of  the  Union.  When  Gen.  Scott  and  the 
Cabinet  are  accused  of  treason,  who  can  expect 
to  escape  ? 

A  few  weeks  ago  the  people  seemed  determined 
not  to  hear  the  truth.  It  would  not  do  for  any 
one  to  say  a  word  about  the  extent  or  productions 
of  the  slave  States ;  and  to  express  the  opinion 
that  they  could  not  be  starved  out,  or  that  they 
would  not  all  run  away  as  soon  as  we  marched 
against  them,  was  rank  treason  in  the  eyes  of 
some. 

But  the  late  battle  has  changed  all  that.  The 
effect  of  the  battle,  at  the  South,  would  be  to 
unite  and  encourage  them,  and  so  far  was  bad  for 
us ;  but  the  effect,  at  the  North,  would  be  good. 
It  would  put  a  stop  to  all  the  bragging  and  blus 
tering  and  parade  soldiering  which  had  been  go 
ing  on  so  long,  and  it  would  lead  people  to  look 
upon  it  as  a  serious  matter,  as  it  was. 

I  thought  a  great  many  times  that  if  an  intelli 
gent  foreigner  had  been  amongst  us,  who  had  seen 
military  service  and  battles  abroad,  he  would 
have  been  perfectly  disgusted  with  the  manner  in 
which  our  people  and  newspapers  spoke  of  the 
war,  how  we  boasted  of  our  grand  army,  and 
how  we  magnified  every  skirmish  into  a  great 
victory,  where  the  Southerners  always  ran,  al 
most  before  they  were  attacked. 

And  this  defeat  had  rendered  a  union  of  par 
ties  more  necessary  and  easier  to  be  brought 
about.  As  the  war  advanced  and  we  felt  its  pres 
sure,  we  should  be  more  disposed  to  give  up  all  our 
own  little  bickerings  and  contentions,  and  to  sac 
rifice  personal  feeling  to  the  good  of  the  country. 

And  it  has  rendered  us  more  willing  to  listen 
to  the  truth  about  our  enemies.  We  had  been 
trying  to  conceal  the  truth  from  ourselves,  and 
this  miserable  policy  of  self-deception  had  cost  us 
the  loss  of  the  battle  of  Manassas,  the  loss  of 
many  valuable  lives,  and  had  probably  added 
years  to  the  contest.  We  should  learn  hereafter 
not  to  underrate  our  enemies. 

This  would  be  one  good  effect  of  the  defeat, 
that  the  people  would  now  be  willing  to  hear  the 
truth ;  and  with  this  view  I  propose  to  give  some 
statistics  of  the  productions  of  the  South,  a  sub- 
'ect  on  which  our  people  appeared  to  be  entirely 


The  resolutions  are  intended  to  encourage  and   ignorant.    The  general  idea  was,  that  all  the  South 
bring  about  a  union  of  all  parties  for  the  sake  of !  raised  was  cotton,  rice,  and  a  very  little  grain ; 


188 


REBELLION   RECORD,  1860-61. 


and  that  nearly  all  the  corn  and  wheat  was  raised 
in  the  great  West.  The  census  tells  a  different 
story.  We  should  be  surprised  to  find  that  these 
Southern  States  raised  one  half  of  all  the  corn 
raised  in  the  whole  Union,  and  a  good  proportion 
of  other  grains. 

In  order  to  make  the  statement  fair,  I  class  the 
eight  Southern,  or  Cotton  States,  together,  and 
put  the  four  Northern  States,  Virginia,  Kentucky, 
North-Carolina  and  Tennessee,  together,  and  leave 
out  of  the  account  Missouri,  Maryland  and  Dela 
ware,  although  there  is  a  great  deal  of  sympathy 
for  the  slave  cause  in  those  States. 


8  Southern  States — 
S.  Car.,  Ga.,  Flor., 
Al.,  Miss.,  1-ouisia., 
A.rkan.,  and  Texas. 
Number. 

Neat  Cattle, 5,893,000 

Sheep,  1,844,000 

Swine, 9,053,000 

Wheat, 2?S26,000 

Rye     134,000 

Oats         11,620,050 


N.  C.,  Term.  U.  Suites. 
Number.  Number. 

2,864,000  18,378,000 

3818,000  21,723,000 

9,836,000  30,374,000 

Bushel-..  Bushels. 

17,103,000  100.485,000 

1,191,000  14,1  $8,000 

),  185.000  146,584,000 


124734000  174,142,000  592,071,000 

Potatoes                             ..27,106,000  15,181,000  104,066,000 

Barley    .                                      22,000  124,000  5,167,000 

Peas  and  Beans 4,892,000  2,576,000  9,219,000 

Pound...  Pound".  Pounds. 

Butter  and  Cheese, 21,478.000      34,245,000    418,881,000 

Rice, 209,562,000        5,745,000    215,313,000 

Thus  these  States  raise  all  the  great  crop  of 
rice,  one  fifth  of  all  the  wheat,  one  half  of  all  the 
corn,  and  a  respectable  proportion  of  other  crops. 
And  there  is  a  large  field  crop  of  peas  and  beans — 
a  crop  hardly  known  here.  And  the  number  of 
cattle,  sheep,  etc.,  is  large.  Two  thirds  of  all  the 
hogs  are  in  these  twelve  Southern  States,  and 
nearly  half  the  neat  cattle. 

These  facts  are  from  the  census  of  1850,  as  the 
agricultural  statistics  of  1860  are  not  yet  pub 
lished.  And  since  1850,  Texas  has  increased  in 
population  and  wealth,  and  the  crop  of  corn, 
this  year,  in  Texas  alone,  is  said  to  be  enough  to 
sustain  the  whole  South. 

I  am  very  glad  to  see  in  the  New-York  World, 
(the  Administration  organ,)  of  yesterday,  a  few 
of  these  facts  stated  under  the  very  significant 
caption  of  "  starvation  a  fallacy."  I  will  give 
my  views  presently  of  the  mode  of  prosecuting 
the  war. 

We  used  to  suppose  that  the  Germans  in  Texas 
would  be  anti-slavery,  and  would  make  a  free 
State  there.  But  it  is  said  they  have  begun  to 
buy  slaves,  and  having  gone  to  Rome,  are  doing 
as  Romans  do. 

But  there  is  another  thing  we  ought  to  consider, 
as  it  was  always  poor  policy  to  underrate  our 
enemies.     By  the  census  of  1860,  the  whole  pop 
ulation  of  these  twelve  States  is  over  ten  millions, 
of  whom  six  and  a  half  millions  are  whites.     Lei 
us  see  the  number  of  whites  of  military  age  (be 
tween  eighteen  and  forty-five)  in  those  States. 
The  eight  Southern  States  have     .     506,000 
The  four  Northern  States  have      .     706,000 
The  whole  United  States  have         5,433,000 
So  that  we  see  the  Cotton  States  alone  can 
send  a  large  army  into  the  field,  and  still  leave  a 
large  force  at  home.* 

»  The  whole  population  of  the  fifteen  slave  Stale*  Is  ove 
twelve  millions. 


In  these  calculations  I  have  omitted  Missoun 
nd  Maryland,  and  given  the  statistics  of  Ken- 
ucky,  Virginia,  North-Carolina  and  Tennessee, 
Because,  although  there  is  a  strong  Union  pnrty 
n  these  four  States,  yet  the  sympathies  of  a  large 
>ortion  of  the  people  are  with  the  South,  and 
whatever  may  happen,  they  are  not  going  to  see 
heir  Southern  brethren  starve.  So  also  with 
laryland  and  Missouri.  The  Union  men  there 
rould  like  to  have  their  Southern  brethren  come 
mck  into  the  Union,  but  they  would  not  like  to 
ice  them  suifering. 

The  South,  too,  are  fighting  with  the  same  ad- 
antage  against  us  that  our  forefathers  had  in 
•ur  Revolution  against  the  English.     They  are  at 
lome,  where  they  know  every  road,  brook,  hill 
and  woodpath,   and  are  accustomed  to  the  cli 
mate,  and  among  friends.    We  are  fighting  among 
strangers,  where  a  soldier  cannot  leave  his  camp 
rithout  danger,  and  with  no  one  to  rely  on  for 
aid  or  information. 

But  it  may  be  said,  these  figures  are  all  true, 
mt  why  publish  them  to  discourage  us  ?  We 
charge  the  Southern  leaders  with  keeping  the 
people  in  ignorance,  and  yet  we  are  doing  the 
same  here.  I  am  not  afraid  to  trust  the  people 
tvith  the  facts.  The  knowledge  of  the  truth 
would  lead  to  a  better  conduct  of  the  war.  If 
;he  Republicans  expected  to  carry  on  the  war  as 
Republicans,  it  would  be  a  miserable  failure.  We 
:ieed  the  union  of  the  whole  North,  and  we  ought 
:o  be  willing  to  sacrifice  all  personal  and  political 
feelings  to  bring  it  about.  And  Republicans  be 
ing  in  a  majority  at  the  North,  ought  to  be  will 
ing  to  sacrifice  the  most.  Suppose  once  in  a  while 
a  Democrat  from  old  habit  can't  keep  from  damn- 
ng  the  Abolitionists  ?  They  don't  mind  it.  They 
are  used  to  it.  Let  him  alone,  and  by  and  by 
misery  and  suffering  will  bring  us  all  together. 

The  "  on  to  Richmond  party,"  if  not  dead,  is  at 
least  suspended.  But  there  is  another  faction, 
equally  if  not  more  dangerous,  and  that  is  the 
"on  to  England"  party. 

There  was  one  newspaper,  professing  to  sup 
port  the  Administration,  which  is  now  doing 
more  mischief  to  the  Union  cause  than  all  the  se 
cession  newspapers  North  and  South  put  to 
gether.  I  do  not  mean  the  Tribune,  but  the 
New-York  Herald.  If  it  was  in  the  pay  of  the 
secessionists,  it  could  not  do  more  mischief.  It 
has  been  for  weeks  abusing  England,  and  threat 
ening  to  conquer  Canada.  And  we  are  now  get 
ting  from  the  English  and  Canadian  papers  the 
returns  in  kind  for  this  abuse.  It  was  alienating 
them  from  us  when  we  needed  their  sympathies. 
It  was  trying  to  get  us  into  two  wars,  when  we 
could  hardly  carry  on  one. 

Unfortunately  the  Herald  was  almost  the  only 
American  newspaper  seen  abroad.  It  was  con 
ducted  with  superior  ability,  and  very  few  knew  the 
magnitude  of  the  mischief  done  by  it  in  this  wnr. 
Very  probably  there  may  be  in  England  a  few 
who  are  jealous  of  the  power  of  our  Union,  and 
would  not  be  sorry  to  see  it  broken  up,  but  gen 
erally  the  sympathies  of  the  English  were  in  our 
favor,  until  our  papers  began  to  abuse  them. 


DOCUMENTS. 


189 


Neither  England  nor  France  have  done  any 
thing  but  what  they  are  justified  in  doing,  not 
only  by  the  law  of  nations,  but  by  American 
precedents.  Our  own  precedents  are  strongest 
against  us. 

England  had  a  right,  under  the  laws  of  nations, 
to  admit  Southern  prizes  into  her  ports,  but  she 
has  refused  to  do  it.  All  she  was  bound  to  do  in 
case  of  a  civil  war,  was  to  treat  both  parties  alike, 
and  if  she  admitted  the  prizes  of  one  party,  to 
admit  those  of  the  other. 

When  the  Spanish  provinces  revolted  from 
Spain,  and  declared  their  independence,  we  al 
most  immediately  admitted  their  flags  and  prizes 
into  our  ports,  years  before  we  acknowledged 
their  independence.  And  our  courts  acknow 
ledged  the  state  of  neutrality,  and  the  lawfulness 
of  the  prize,  in  numerous  cases.  Texas  declared 
herself  independent  of  Mexico,  in  March,  1836, 
and  within  six  months  after,  her  flag  appeared  in 
New-York  City ;  and  when  the  Mexican  Minister 
remonstrated,  our  Government  answered,  that  in 
the  previous  civil  wars  between  Spain  and  her 
colonies,  "  it  had  never  been  held  necessary  as  a 
preliminary  to  the  extension  of  the  rights  of  hos 
pitality  to  either  [party]  that  the  chances  of  war 
should  be  balanced,  and  the  probability  of  event 
ual  success  determined.  For  this  purpose  it  had 
been  deemed  sufficient  that  the  party  had  actu 
ally  declared  its  independence,  and  at  the  time 
was  actually  maintaining  it." 

And  this  rule  has  been  recognised  by  Adams, 
Clay  and  AVebster,  in  the  discussions  growing 
mt  of  the  case  of  the  Spanish  Colonies. 

A  great  deal  of  confusion  has  arisen  from  con 
founding  what  England  has  done,  viz.,  recognis 
ing  them  as  belligerents,  (that  is,  declaring  neutral 
ity,  and  treating  both  parties  alike,)  with  recog 
nising  independence,  which  is  a  very  different 
thing.  Even  if  England  had  done  the  latter,  ac 
cording  to  the  authority  of  Adams,  Webster  and 
Clay,  it  would  be  no  just  cause  of  war  on  our 
part.  But  she  has  not  done  it. 

But  there  is  yet  a  stronger  precedent  against 
us,  and  in  favor  of  England,  than  any  I  have 
mentioned.  It  was  our  case  with  Denmark.  In 
1779,  Commodore  Paul  Jones  took  some  British 
prizes,  and  they  were  carried  into  a  Danish  port. 
Denmark  delivered  them  up  to  the  English,  on 
the  ground  that  they  (Denmark)  had  not  recog 
nised  our  independence.  Our  Government  took 
the  ground,  that  in  civil  war  as  well  as  in  case  of 
war  between  nations  of  acknowledged  independ 
ence,  and  even  before  the  independence  of  the  re 
volutionary  government  was  acknowledged  by 
the  old  government,  or  by  any  government,  each 
party  has  a  right  to  carry  its  prizes  into  the  ports 
of  any  other  nation,  unless  that  nation  is  bound 
oy  treaty  not  to  admit  them,  or  has  given  previ 
ous  notice  that  they  will  not  admit  them. 

This  was  the  ground  taken  by  Dr.  Franklin ; 
it  was  taken  and  most  ably  maintained  by  Henry 
Wheaton  ;  it  was  sustained  by  John  Quincy 
Adams  in  a  report,  when  Secretary  of  State,  and 
only  a  few  years  ago  by  Mr.  Cameron,  now 
Secretary  of  War,  in  a  report  made  to  the  Senate. 
SUP.  Doc.  12. 


Wheaton  took  the  ground,  that  in  1779  the 
United  States  were  de  facto  sovereign,  engaged  in 
war,  and  carrying  it  on  in  the  usual  manner,  ex 
changing  prisoners,  and  recognising  the  usual 
laws  of  war. 

It  has  been  said  that  England  is  not  treating 
us  as  well  as  we  treated  her  in  her  Irish  and  Ca 
nadian  rebellions.  There  is  no  similarity  in  the 
cases.  The  Irish  never  set  up  a  government  at 
all ;  and  though  McKenzie,  in  Canada,  under 
took  to  set  up  a  provisional  government,  it  never 
had  any  strength.  And  it  cannot  be  denied  that, 
notwithstanding  Van  Buren's  proclamations  of 
neutrality,  a  large  portion  of  our  people  did  en 
courage  these  rebellions  by  their  sympathies. 

And  it  is  only  by  England  recognising  the 
South  as  belligerents,  and  maintaining  a  neutral 
ity  between  us,  that  our  Government  is  released 
from  being  responsible  for  Southern  injuries  to 
British  citizens  and  commerce.  When  Spain  re 
monstrated  against  England's  treating  the  Span 
ish  colonies  as  independent  governments,  Mr. 
Canning,  one  of  the  greatest  of  English  statesmen, 
replied  that  they  must  either  hold  Spain  respon 
sible  for  the  acts  of  the  colonies,  or  they  must 
treat  them  as  independent  and  responsible  for 
their  own  acts. 

Our  Administration  seemed  to  have  hesitated 
whether  to  treat  this  as  an  ordinary  insurrection, 
or  a  civil  war,  and  they  have  thus  involved  them 
selves  in  some  real  or  apparent  inconsistency. 

If  it  is  a  mere  insurrection,  then  the  President 
has  no  right  to  take  any  measures  to  put  it  down 
except  those  pointed  out  by  the  laws.  He  might 
draft  militia,  but  he  had  no  right  to  call  for  volun 
teers,  or  to  do  many  things  he  has  done. 

On  the  other  hand,  if  it  is  a  civil  war,  then  it 
is  a  case  not  provided  for  by  the  Constitution  or 
laws,  and  the  President  is  justified  in  resorting  to 
all  means  required  by  the  necessity,  and  public 
sentiment  will  justify  him  in  doing  it. 

And  I  am  glad  to  find  that  the  leading  admin 
istration  paper  before  referred  to,  admits  that  it 
is  a  war,  and  not  a  very  small  one  either.  And 
if  it  is  a  war,  it  is  to  be  carried  on  by  us  as  civil 
ized  people,  and  not  as  savages.  We  are  to  re 
cognise  the  usages  of  war,  and  even  if  there  are 
cases  of  inhumanity  on  the  other  side,  that  will 
be  no  justification  for  us.  We  have  always  claim 
ed  that  the  North  had  nearly  all  the  religion  in 
the  United  States.  This  will  put  it  to  the  test. 

And  our  Government  has  in  fact  recognised 
this  as  a  state  of  war  by  declaring  a  blockade. 
A  nation  never  blockades  its  own  ports.  It  would 
be  a  mere  abuse  of  language  to  call  it  so.  Our 
Government  took  this  very  ground  in  the  case  of 
our  claims  on  the  Two  Sicilies,  that  a  nation  could 
not  blockade  its  own  ports.  We,  therefore,  by 
blockading  them,  do  in  fact  acknowledge  them  to 
be  under  another  government,  and  not  under  ours. 

While  England  acknowledges  our  right  to  block 
ade  the  Southern  ports,  she  denies  that  we  can 
collect  duties  there  by  a  mere  act  of  Congress. 
An  act  of  Congress  closing  the  ports,  or  author 
izing  a  ship  of  war  to  collect  duties  there,  is  valid 
so  far  as  our  own  citizens  are  concerned,  but  for- 


190 


REBELLIOX  RECORD,  1860-61. 


eign  nations  are  not  bound  to  respect  it.  In  the 
theory  of  government,  protection  and  taxation  go 
together.  We  have  no  right  to  compel  an  Eng 
lish  vessel  to  pay  duties  there,  if  we  have  not  the 
power  to  permit  them  to  land  and  sell  their  goods. 
For  all  practical  purposes  these  ports  are  out  of 
our  jurisdiction;  and  here,  too,  our  precedents 
are  against  us. 

Grenada  has  lately  attempted  to  close  some  re 
bellious  ports  by  a  mere  decree.  England  admits 
the  right  to  blockade  them,  but  denies  her  right 
to  close  by  a  mere  paper  decree  a  port  not  in  her 
actual  possession. 

If  it  is  not  a  war,  then  we  have  no  right  to 
search  ships  for  contraband — a  right  which  be 
longs  only  to  a  state  of  war.  And  Lord  Derby's 
argument  is  unanswerable,  that  if  we  claim  the 
rights  of  war  for  ourselves,  we  must  allow  them 
to  the  other  party. 

And  it  is  probable  that  by  virtue  of  old  treaties, 
the  South  have  now  a  right  to  carry  their  prizes 
into  the  ports  of  Prussia,  Netherlands  and  Sweden. 

And  if  we  recognise  a  state  of  war,  to  be  carried 
on  as  civilized  war,  on  land,  why  not  on  the  sea 
also  ?  It  is  idle  to  talk  about  hanging  rebels  and 
pirates.  No  one  but  a  simpleton  expects  it.  If 
we  hang  their  soldiers  or  privateersmen,  they  have 
but  to  do  as  our  forefathers  did  to  the  officers  of 
George  III.,  threaten  to  retaliate  by  hanging  ours. 
The  threat  was  effectual  then.  I  hope  we  are  not 
less  civilized  now. 

I  am  sorry  to  hear  the  report  that  the  Adminis 
tration  have  sent  out  their  adhesion  to  the  treaty 
Df  Paris  of  1856,  which  abolished  privateering. 
It  will  be  said  that  we  do  in  our  weakness  what 
we  would  not  do  in  our  strength.  And  besides, 
by  the  law  of  nations,  our  adhesion  would  not 
bind  the  South  so  long  as  they  are  maintaining 
an  independent  government. 

These  facts  and  arguments  are  not  very  pleas 
ant  to  consider,  but  the  use  I  would  make  of  them 
is  this — that  we  should  prepare  for  a  long  war 
and  begin  to  economize ;  that  we  should  leave  off 
all  silly  talk  about  our  own  prowess,  Southerners 
being  cowards,  hanging  Jeff.  Davis,  starving  the 
South,  conquering  Canada,  whipping  England  and 
France,  and  all  the  world  besides,  and  come  down 
to  look  at  the  case  in  naked  truth  and  sad  reality. 
Our  people  talk  about  a  union  of  parties,  but  it  is 
only  in  words  ;  they  do  not  yet  realize  the  neces 
sity  of  it.  When  we  fully  understand  it,  we  shall 
see  the  necessity  of  union,  and  that  it  requires 
nothing  less  than  our  united  strength  to  cope  with 
the  enemy. 

It  is  a  waste  of  words  to  argue  for  or  against 
the  right  to  secede.  But  we  cannot  deny  the 
right  of  revolution,  and  it  is  of  no  use  quarrelling 
about  who  is  to  blame  in  this  contest.  Before 
the  war  was  begun,  I  believe  the  blame  was  pretty 
equally  divided.  The  leaders  of  the  South  could 
not  have  carried  the  masses  with  them,  if  it  had 
not  been  for  the  invasion  of  John  Brown  and  its 
justification  by  a  portion  of  the  North.  And  the 
North  would  not  have  been  aroused  as  it  is,  if 
it  had  not  been  for  the  brutal  attack  on  Charles 
Sumner,  arid  its  justification  by  a  portion  of  the 


South.  If  the  South  sent  to  Congress  the  gentle- 
men  they  used  to  send,  they  would  still  have  in 
fluence  there. 

I  can  well  recollect  when,  about  1835  or  1836, 
a  Southern  Governor,  in  a  message,  first  pro 
claimed  that  taunt — since  so  often  repeated,  and 
of  which  so  much  political  use  has  been  made — 
that  the  laboring  people  of  the  North  were  slaves 
in  fact,  if  not  in  name.  But  for  taunts  like  these, 
abolitionists  could  have  done  but  little.  For  abo 
lition  itself,  or  for  the  colored  race,  the  Northern 
people  generally  have  cared  but  little.  It  is  the 
insolence  of  Southern  politicians  which  has  aroused 
them. 

It  is  evident  that  the  war  has  got  to  be  a  long 
and  expensive  one,  or  a  shvt  and  bloody  one. 

As  long  as  the  war  was  confined  to  the  Cotton 
States,  I  thought,  with  a  great  many  people  at  the 
North,  that  the  best  way  to  get  them  back  was 
to  tell  them  to  quit,  if  they  wanted  to ;  and  they 
would  soon  find  self-government  a  pretty  expensive 
thing.  But  the  case  is  now  entirety  changed.  It 
will  not  do  for  us  to  separate  from  the  northern 
slave  States.  It  would  cut  us — not  in  two — but 
into  three  nations.  The  East  and  the  West  would 
have  a  mere  strip  of  territory  to  unite  them,  and 
they  could  not  hold  together.  The  commercial 
interests  of  the  West  are  entirely  opposed  to  those 
of  the  East — and  how  long  would  it  be  before  the 
West  would  join  the  South  and  reconstruct  a  pow 
erful  Union,  leaving  New-England  out  ? 

The  plan  of  military  operations  to  reduce  the 
South  and  preserve  the  Union,  which  seemed  to 
promise  to  effect  it  with  the  least  bloodshed,  was 
the  plan  generally  understood  to  be  favored  by 
Gen.  Scott  and  the  President ;  to  blockade  their 
ports,  shut  them  in  and  destroy  their  trade,  threat 
en  attacks  at  various  points,  and  so  compel  them 
to  keep  up  a  large  army,  and  take  away  their 
people  from  their  ordinary  agricultural  pursuits. 
If  this  plan  had  been  pursued  for  a  year,  unless 
human  nature  at  the  South  is  different  from  what 
it  is  here — where  we  quarrel  all  the  time — they 
would  have  quarrelled  among  themselves  before 
long.  As  soon  as  elections  came  on,  different 
parties  and  candidates  would  arise.  Causes  of 
dissension  would  multiply,  and  there  would  in 
time  be  a  party,  which,  though  it  might  not  dare 
to  assume  the  name  of  a  Union  party  at  first, 
would  soon  become  one. 

Notwithstanding  the  disastrous  result  of  the 
late  battle,  the  Government  will  probably  endeavor 
to  pursue  the  same  policy. 

But  I  have  said  the  war  may  assume  another 
aspect,  and  be  a  short  and  bloody  one.  And  to 
such  a  war,  an  anti-slavery  war,  it  seems  to  me 
we  are  inevitably  drifting.  It  seems  to  me  hard 
ly  in  the  power  of  human  wisdom  to  prevent  it. 
We  may  commence  the  war  without  meaning  to 
interfere  with  slavery  ;  but  let  us  have  one  or  two 
battles,  and  get  our  blood  excited,  and  we  shall 
not  only  not  restore  any  more  slaves,  but  shall 
proclaim  freedom  wherever  we  go.  And  it  seems 
almost  judicial  blindness  on  the  part  of  the  South 
that  they  do  not  see  that  this  must  be  the  Lievit- 
able  result,  if  the  contest  is  prolonged. 


DOCUMENTS. 


191 


We  know  well  the  power  of  a  ruling  race  over 
an  abject  and  submissive  people.  A  few  men  ac 
customed  to  arms  and  to  rule,  can  keep  in  sub 
jection  thousands  of  a  race  unused  to  arms  and 
accustomed  to  submission.  We  see  it  in  the  case 
of  India.  A  few  British  soldiers  there  keep  in 
subjection  a  hundred  millions  even  of  civilized 
Hindoos.  But  the  slaves  have  hitherto  remained 
peaceably  in  slavery,  because  they  had  nowhere 
to  flee.  Once  sure  of  an  asylum  and  safety,  fire 
and  poison  and  the  bludgeon  will  desolate  the 
South.  Without  justifiable  cause,  and  without 
having  suffered  any  actual  injury,  they  have  be 
gun  the  conflict ;  there  will  yet  be  time  for  reflec 
tion,  but  if  warned  of  their  danger,  they  persist 
in  their  folly,  upon  their  own  heads  must  be  the 
consequences.  Compromise  is  for  the  present  out 
of  the  question.  Since  the  last  battle,  the  South 
will  not,  and  the  North  cannot  with  self-respect, 
offer  terms  of  peaceable  reunion. 

After  remarks  by  Mr.  Cooke,  of  Warren,  the 
resolutions  were  unanimously  adopted  by  the 
Senate,  and  on  the  same  day  were  unanimously 
concurred  in  by  the  House  of  Representatives. 


NOTE    ON    THE     BLOCKADE    AND    CLOSING    THE    PORTS. 

Our  Government,  either  from  being  new  in 
office,  or  from  multiplicity  of  business,  or  from 
some  other  cause,  have  been  constantly,  since  the 
commencement  of  the  war,  violating  the  princi 
ples  we  have  ourselves  laid  down  in  similar  cases 
heretofore.  The  President  declares  a  blockade, 
which  is  an  incident  of  the  war-making  power. 
By  so  doing  he  admits  that  it  is  a  civil  war,  and 
not  merely  a  trifling  insurrection.  But  now  it  is 
argued  that  the  President  can  close  the  ports  un 
der  the  recent  statute,  (although  these  ports  are 
not  de  facto  under  our  jurisdiction,)  and  that  the 
blockade  is  merely  a  coast  guard  to  enforce  the 
law. 

When  the  Spanish  American  Provinces  revolt 
ed  from  Spain,  and  declared  their  independence, 
Spain  undertook  to  pursue  the  very  course  our 
Government  is  now  pursuing;  and  the  Dutch,  Eng 
lish  and  the  United  States  protested  against  it. 

The  Spanish  General  Morales,  by  decree  of  Sep 
tember  fifteenth,  1822,  proclaimed  a  blockade  of 
twelve  hundred  miles  of  the  coast  of  the  Spanish 
Main,  in  South-America,  and  prohibited  all  for 
eign  commerce  with  the  revolted  Provinces  as  be 
ing  contrary  to  the  laws  of  Spain.  At  this  time 
the  Spaniards  had  but  three  vessels  of  war  to 
blockade  twelve  hundred  miles. 

This  decree  led  to  very  serious  disputes  be 
tween  the  United  States  and  Spain.  England 
went  so  far  as  to  order  reprisals  on  Spanish  com 
merce. 

John  Quincy  Adams,  the  Secretary  of  State,  in 
his  letter  of  April  twenty-eighth,  1823,  to  Mr. 
Nelson,  our  Minister  in  Spain,  thus  denounces 
these  proceedings.  And  if  he  had  foreseen  the 
case  of  our  blockade,  he  could  not  have  described 
it  much  better : 

"To  this  outrage  on  all  the  rights  of  neutrality, 
[the  inefficient  paper  blockade,]  they  have  added 


the  absurd  pretension  of  interdicting  tne  peaceful 
commerce  of  other  nations  with  all  the  ports  of 
the  Spanish  Main,  upon  the  pretence  that  it  had 
been  heretofore  forbidden  by  the  Spanish  Colonial 
laws. 

"  The  blockade  was  a  public  wrong.  The  in 
terdiction  of  all  trade  was  an  outrage  upon  the 
rights  of  all  neutral  nations ;  and  the  resort  to 
two  expedients  bears  on  its  face  the  demonstra 
tion,  that  they  who  assumed  them  both,  had  no 
reliance  on  the  justice  of  either;  for  if  the  inter 
diction  of  all  neutral  trade  was  lawful,  there  was 
neither  use  nor  necessity  for  the  blockade ;  and 
if  the  blockade  was  lawful,  there  could  be  as  little 
occasion  or  pretence  for  the  interdiction  of  the 
trade The  blockade  and  inter 
diction  of  trade  have,  from  the  first  notice  of  them, 
not  only  been  denounced  and  protested  against 
by  the  government  and  officers  of  the  United 
States,  but  by  those  of  Great  Britain,  even  when 
the  ally  of  Spain,  and  who  has  not  yet  acknow 
ledged  the  independence  of  the  revolted  Colonies. 

"Mr.  Andagua  attempts,  by  laborious  argu 
ment,  to  maintain  to  the  fullest  and  most  unquali 
fied  extent,  the  right  of  the  Spanish  privateers  to 
capture,  and  of  the  Spanish  prize  courts  to  con 
demn,  all  vessels  of  every  other  nation  trading 
with  any  of  the  ports  of  the  independent  patriots 
of  South-America,  because  under  the  old  colonial 
laws  of  Spain  that  trade  had  been  prohibited ;  and 
with  the  consistency  of  candor,  at  least,  he  ex 
plicitly  says  that  the  decrees  issued  by  the  Span 
ish  commanders  on  the  Main  under  the  name  of 
blockades,  were  not  properly  so  called,  but  were 
mere  enforcements  of  the  antediluvian  colonial 

exclusion Is  it  surprising  that 

the  final  answer  of  Great  Britain  to  this  preten 
sion,  was  an  order  of  reprisals  ?" 

After  stating  that  Spain  had  appropriated  forty 
millions  of  reals  to  pay  the  damages  to  British 
commerce  and  had  revoked  the  blockade,  Mr. 
Adams  goes  on  : 

"  It  is  in  vain  for  Spain  to  pretend  that  during 
the  existence  of  a  civil  war,  in  which,  by  the  univer 
sal  law  of  nations,  both  parties  have  equal  rights 
with  reference  to  foreign  nations,  she  can  enforce 
against  all  neutrals,  by  the  seizure  and  condem 
nation  of  their  property,  the  law  of  colonial  mo 
nopoly  and  prohibition  by  which  they  had  been 
excluded  from  commercial  intercourse  with  the 
colonies  before  the  existence  of  the  war,  and  when 
her  possession  and  authority  were  alike  undis 
puted." 

In  this  same  letter  to  Nelson,  Mr.  Adams  stig 
matizes  the  decree  of  Morales  as  an  abominable 
decree,  and  in  another  part  of  the  letter  as  an 
atrocious  decree. 

Upon  the  same  subject  the  Committee  of  For 
eign  Relations  of  the  United  States  House  of  Re 
presentatives  made  a  report,  January  thirty-one, 
1835,  in  which  they  call  this  right  claimed  by  Mo 
rales  to  forbid  all  commerce  with  the  revolted 
provinces,  as  being  against  the  laws  of  Spain,  "an 
absurd  pretension." 

The  doctrine  we  maintained,  in  the  case  of  tl  e 
division  of  the  Spanish  Empire,  we  must  now 


192 


REBELLION  RECORD,  1860-61. 


have  applied  to  ourselves.  And  the  Diario  Es- 
panol,  a  Madrid  paper,  is  now  twitting  us  with 
our  situation,  and  saying  that  they  must  be  gov 
erned  in  our  case  by  the  precedents  England  and 
the  United  States  have  set.  The  United  States 
are  taking  their  turn.  How  long  before  Spain 
may  have  the  same  opportunity  to  reciprocate 
with  England  ? 

In  regard  to  the  notice  and  efficiency  of  block 
ades,  the  United  States  have  always  maintained 
very  strong  ground. 

In  1804,  the  English  naval  commander  declar 
ed  a  general  blockade  •"  of  the  Islands  of  Marti 
nique  and  Guadaloupe."  The  United  States  re 
monstrated  against  this,  and  the  British  govern 
ment  instructed  their  naval  officers  "  not  to  con 
sider  any  blockade  of  those  islands  as  existing, 
unless  in  respect  of  particular  ports  which  may 
be  actually  invested  ;  and  then  not  to  capture  ves 
sels  bound  to  such  ports,  unless  they  shall  have 
previously  been  warned  not  to  enter  them." 

In  1816  Spain  declared  a  blockade  of  "the 
ports  of  the  vice-royalty  of  Santa  Fe."  The  Unit 
ed  States  Minister  at  Madrid  was  instructed  to 
protest  against  the  general  terms  of  the  notice, 
and  we  claimed  that  to  be  valid,  the  notice  "must 
be  confined  to  particular  ports,  each  port  having  a 
force  stationed  before  it  sufficient  to  intercept  the 
entry  of  vessels,"  and  that  even  then,  no  vessel 
should  be  seized  until  first  warned  off. 

Mr.  Clay,  Secretary  of  State,  in  his  instructions 
to  Mr.  Tudor,  Minister  at  Brazil,  in  October,  1827, 
says: 

"  According  to  those  principles  (invariably  con- 
ended  for  by  the  United  States)  no  place  can  be 
considered  lawfully  besieged  or  blockaded,  which 
is  not  invested  by  a  competent  belligerent  force, 
capable  of  preventing  the  entry  of  a  neutral ;  and 
such  neutral  cannot  be  lawfully  captured  without 
having  been  notified  of  the  existence  of  the  block 
ade,  and  if  he  attempt  to  enter  the  blockaded 
port,  being  warned  off." 

The  sooner  our  Government  concludes  to  call 
this  a  war,  and  not  a  paltry  rebellion,  and  to  call 
the  blockade  a  blockade  and  make  it  efficient,  the 
better.  Their  present  course  has  an  appearance  of 
wavering  and  inconsistency. 

Will  it  not  dampen  the  ardor  for  volunteering 
when  the  volunteers  know  that  they  not  only  ex 
pose  themselves  to  the  risk  of  being  shot  in  battle, 
but  that,  if  taken  prisoners,  they  may  be  hanged  in 
retaliation,  if  our  Cabinet  should  persist  in  their 
present  plan  of  hanging  the  privateersmen  as 
rebels  and  pirates  ? 

There  is  another  consequence  which  may  fol 
low  from  the  apparent  determination  of  the  Cabi 
net  to  regard  this  as  an  insurrection  and  not  as  a 
civil  war.  If  the  Government  treats  it  as  an  in 
surrection,  the  courts  must  treat  it  as  such.  The 
law  of  blocka.de,  capture,  and  prize,  is  a  portion 
of  the  law  of  nations.  And  as  the  law  of  nations 
recognises  only  prizes  of  war,  and  knows  no  such 
thing  as  prize  of  rebellion,  it  may  follow  that  the 
courts  cannot  condemn  any  American  vessels  cap 
tured  before  the  passage  of  the  confiscation  act, 
nor  any  foreign  vessel  in  any  case,  except  for  vio 


lation  of  a  revenue  law,  at  a  port  not  in  our  pos 
session  ;  which,  if  done,  would  at  once  get  us  into 
a  difficulty  with  foreign  nations.  This  ground 
is  very  ably  taken  by  Charles  Edwards,  Esq.,  of 
New- York,  in  the  Hiawatha  prize  case,  and  must 
probably  be  sustained  by  the  court. 

RIGHTS    OF    PARTIES    IN    A    CIVIL    WAR. 

In  addition  to  the  views  of  Franklin,  Wheaton, 
and  others,  in  the  Danish  case,  and  the  views  of 
J.  Q.  Adams,  in  the  case  of  the  Spanish  Colonies, 
before  stated,  upon  the  question  how  a  civil  war 
must  be  treated  by  foreign  nations,  we  may  refer 
to  the  following,  as  stating  the  views  always 
heretofore  maintained  by  the  American  Govern 
ment  on  this  subject : 

"  Even  when  civil  war  breaks  the  bonds  of  so 
ciety  and  of  government,  or  at  least  suspends 
their  force  and  effect,  it  gives  birth  in  the  nation 
to  two  independent  parties,  who  regard  each  other 
as  enemies,  and  acknowledge  no  common  judge. 
It  is  of  necessity,  therefore,  that  these  two  par 
ties  should  be  considered  by  foreign  States  as 
two  distinct  and  independent  nations,"  etc.,  etc. 
— Extract  from  Report  of  Committee  of  Foreign 
Relations  of  U.  S.  House  of  Representatives. 
March  19,  1822. 


Doc.  30. 
THE  CAPTURE  OF  PORT  ROYAL,  S.  C. 

OFFICIAL    REPORT    OF    GENERAL    DRAYTON, 
THE   REBEL   COMMANDER. 


HEADQUARTERS  PROVISIONAL  FORCES,  | 

THIRD  MILITARY  DISTRICT,  DEPARTMENT  OF  SOUTH-CAROLINA,  V 
CAMP  LEE,  HARDEEVILLE,  November  24,  1S61.  ) 

To  Captain  L.  D.  Walker,  Assistant  Adjutant- 
General,  Charleston,  S.  C. : 
SIR  :  I  have  the  honor  of  presenting  my  official 
report  of  the  engagement  on  the  seventh  instant, 
between  the  Federal  fleet,  numbering  fifteen  war 
steamers  and  gunboats,  and  Forts  Walker  and 
Beauregard,  upon  Hilton  Head  and  Bay  Point,  at 
the  entrance  of  Port  Royal  Sound.  The  fleet  was 
commanded  by  Capt.  S.  F.  Du  Pont,  Flag-Officer 
of  the  South-Atlantic  Blockading  Squadron,  and 
the  troops  on  board  the  transports  by  Brig. -Gen, 
Sherman. 

The  distance  between  the  forts  is,  by  coast 
survey,  two  and  five  eighths  miles. 

The  enemy's  fleet  had  been  collecting  in  our 
waters  since  the  morning  of  the  fourth  instant, 
and  had  increased  in  the  afternoon  to  thirty-two 
war  steamers  and  transports. 

On  receiving  a  despatch  to  this  effect  from  Col. 
Wm.  C.  Hayward,  commanding  the  troops  at 
Camp  Walker,  I  left  my  headquarters  in  Beau 
fort,  and  repaired  by  steamer  to  Bay  Point,  which 
I  reached  at  six  P.M.,  passing  on  the  way  the  ever- 
watchful  little  fleet  of  Flag-Officer  Tatnall,  Con 
federate  States  Navy. 

After  remaining  in  consultation  until  half-past 
one  A.M.,  with  Col.  R%  G.  M.  Dunovant,  Com 
mandant  of  the  port,  I  took  my  departure,  leav 
ing  him  such  general  instructions  as  the  uncer- 


DOCUMENTS. 


193 


tain  mode  and  direction  from  which  an  attack 
might  be  expected  would  permit.  I  then  visitec 
Commodore  Tatnall,  and  after  an  interchange  o 
views,  took  leave,  crossed  over  to  Hilton  Ileac 
Island,  landed  there  at  daylight  on  the  fifth,  anc 
immediately  despatched  a  courier  to  Braddoek'i' 
Point,  south  end  of  the  island,  ordering  Captain 
Stuart's  company,  Ninth  regiment,  to  march  on 
Fort  Walker,  and  embark  thence  to  strengthen 
Oapt.  Elliott's  gunners  in  Fort  Beauregard.  This 
company  did  not  leave  on  the  sixth  as  proposed, 
as  Capt.  Sassard,  of  the  steamer  Edisto,  failed  to 
comply  with  his  orders  to  carry  it  across  early 
in  the  morning.  They  wrere  despatched,  how 
ever,  by  the  first  steamer  at  my  disposal,  on  the 
seventh,  and  before  they  had  reached  half-way 
across  the  bay,  they  were  cut  oft'  from  Bay  Point 
by  the  advancing  fleet  of  the  enemy,  and  obliged 
to  seek  shelter  in  Skull  Creek,  where  Capt.  Stu 
art  disembarked  his  whole  command  in  safety. 

On  inspecting  Fort  Walker,  shortly  after  my 
arrival,  I  found  twenty  guns  of  various  calibre 
mounted  upon  the  ramparts,  thirteen  of  which 
were  on  the  Channel  Battery,  viz. : 

One  ten-inch  columbiad  in  the  centre,  flanked  to 
the  right  by  five  thirty-two-pounders,  and   one 
nine-inch  Dahlgren  rifled  cannon,  and  to  the  left 
by  six  other  cannon  in  the  following  order : 
North  bastion,  one  thirty-two-pounder. 
South  bastion,   one  thirty  -  two  -  pounder,    one 
eight-inch  howitzer,  and  one  long  twelve-pounder. 
South  flank  of  bastion,   one  navy  thirty-two- 
pounder. 

Demilune,  two  twenty-four-pounders. 
Redan,  one  navy  eight-inch  howitzer. 
Of  these  eight  guns,  one  in  the  north  bastion 
and  two  in  the  south  flank,  could  occasionally  be 
used  against  the  ships-of-war ;  the  rest  were  for 
the  land  defence. 

To  man  the  guns  within  the  Fort,  and  for  an 
infantry  reserve  outside,  we  had,  until  reenforce- 
ments  came  from  Savannah,  on  the  afternoon  of 
the  sixth,  two  companies  of  Col.  Wagoner's  First 
regiment  artillery ;  South-Carolina  Militia,  num 
bering  one  hundred  and  fifty -two ;  three  companies 
Col.  Hey  ward's  Ninth  regiment  South  -  Carolina 
volunteers,  numbering  two  hundred  and  ten;  four 
companies  Colonel  R.  G.  M.  Dunovant's  Twelfth 
regiment  South-Carolina  volunteers,  under  Major 
Jones,  numbering  two  hundred  and  six.  Total 
men,  six  hundred  and  twenty-two. 

There  were  stationed  on  the  beach  at  Camp 
Lookout,  six  miles  off,  Capt.  J.  H.  Screven's 
mounted  guerrillas,  numbering  sixty -five,  who  act 
ed  as  scouts  and  couriers. 

About  nine  o'clock  A.M.,  of  the  fifth,  Commo 
dore  Tatnall,  who  had  boldly  attacked  the  ene 
my's  gunboats  on  the  previous  day,  again  gal 
lantly  steamed  out  to  exchange  shots  with  them, 
but  he  was  met  by  too  large  a  force,  and  therefore 
retreated  slowly  behind  our  forts.  The  enemy 
followed,  and  engaged  both  batteries  for  about 
forty-five  minutes,  writh  no  other  injury  than 
three  men  slightly  burnt  in  Fort  Beauregard  from 
the  explosion  of  a  caisson  struck  by  a  rifle  shell. 
On  the  sixth  instant,  the  fleet  and  transports, 


which  had  increased  to  about  forty -five  sail, 
would  probably  have  attacked  us  had  not  tho 
weather  been  very  boisterous.  In  the  afternoon, 
about  four  P.M.,  we  received  our  first  reinforce 
ments  from  Georgia,  four  hundred  and  fifty  in 
fantry,  under  command  of  Capt.  Berry,  C.  S.  A., 
and  Capt.  Read's  battery  of  two  eleven-pound 
howitzers  and  fifty  men. 

I  have  reason  for  supposing  that  this  assistance 
would  have  arrived  sooner,  for  Gen.  A.  P.  Law- 
ton,  commanding  Provisional  forces  in  Georgia, 
wrote  from  Savannah  to  Col.  Heyward,  on  the 
fourth  instant,  half  past  eight  P.M.,  as  follows  : 
"From  a  despatch  received  to-day  from  Gen.  Rip- 
ley,  I  infer  that  you  (Col.  W.  C.  Heyward)  have 
been  sufficiently  reenforced  from  his  command 
until  the  plans  of  the  enemy  shall  be  more  fully- 
developed." 

Two  hours  after  the  gallant  Georgians  came  to 
the  rescue,  I  received  the  welcome  intelligence 
that  Col.  De  Saussure's  Fifteenth  regiment  South- 
Carolina  volunteers,  six  hundred  and  fifty  strong, 
had  landed  at  Seabrook's  Wharf,  upon  Skull 
Creek,  and  were  close  at  hand. 

At  last  the  memorable  seventh  dawned  upon 
us,  bright  and  serene ;  not  a  ripple  upon  the  broad 
expanse  of  water  to  disturb  the  accuracy  of  fire 
from  the  broad  decks  of  that  magnificent  armada, 
about  advancing  in  battle  array,  to  vomit  forth 
its  iron  hail  with  all  the  spiteful  energy  of  long- 
suppressed  rage  and  conscious  strength.  At 
twenty-five  minutes  past  nine  A.M.,  one  nine-inch 
Dahlgren  gun  opened  fire  upon  the  sixty -gun 
steamship  Wabash,  flag-ship  of  Capt.  Du  Pont, 
which  led  the  van,  closely  succeeded  by  fourteen 
other  large  steamers  and  gunboats. 

The  shell  from  the  Dahlgren  exploded  near  the 
muzzle,  and  was  harmless.  Other  shots  followed 
rom  both  forts,  and  soon  the  fire  became  gen 
eral  on  land  and  water.  In  spite  of  our  fire,  direct 
ed  with  deliberation  and  coolness,  the  fleet  soon 
massed  both  batteries,  apparently  unharmed,  and 
;hen  returning,  delivered,  in  their  changing  rounds, 
a  terrific  shower  of  shot  and  shell  in  flank  and 
front. 

Besides  this  moving  battery,  the  Fort  was  enfi- 
aded  by  two  gunboats,  anchored  to  the  north, 
)ff  the  mouth  of  Fish  Hall  Creek,  (F  H)  on  sketch, 
and  another  at  a  point  (C)  on  the  edge  of  the 
>hoal  to  the  south.  This  enfilading  fire  on  so 
still  a  sea  annoyed  and  damaged  us  excessively, 
mrticularly  as  we  had  no  gun  on  either  flank  of 
he  bastion  to  reply  with ;  for  the  thirty-two- 
)ounder  on  the  right  flank  was  shattered  very 
jarly  by  a  round  shot;  and  in  the  north  flank, 
or  want  of  a  carriage,  no  gun  had  been  mounted. 
After  the  fourth  fire,  the  ten -inch  columbiad 
>ounded  over  the  hurter,  and  became  useless. 
The  twenty-four-pounder  rifled  cannon  was  chok- 
d  while  ramming  down  a  shell,  and  lay  idle  dur- 
ng  nearly  the  whole  engagement. 

The   shells  for  the  nine-inch   Dahlgrens  were 

also  too  large ;  the  fourth  shell  attempted  to  be 

ammed  home,   could  not  be  driven  below  the 

runnions,  and  was  then,  at  great  risk,  discharged. 

Thus  far  the  fire  of  the  enemy  had  been  en- 


194 


REBELLION   RECORD,  1800-61. 


dured  and  replied  to  with  the  unruffled  courage 
of  veterans.  At  half-past  ten  o'clock  our  gunners 
became  so  fatigued  that  I  left  the  Fort,  accom 
panied  by  one  of  my  volunteer  aids,  Capt.  II. 
Rose,  and  went  back  to  Capt.  Read's  battery, 
(one  and  three  quarter  miles  in  the  rear  of  the 
Fort,)  and  brought  the  greater  part  of  his  men 
back  to  take  the  places  of  our  exhausted  men  in 
side  the  Fort. 

It  was  while  thus  engaged  with  Capt.  Read's 
company,  that  Col.  W.  H.  Stiles  rode  up  and  re 
ported  his  regiment  about  two  miles  distant  I 
instantly  directed  my  aid,  Lieut.  Drayton,  to  ac 
company  Col.  Stiles  to  "the  road  along  which  his 
regiment  was  advancing,  and  to  station  it  in  po 
sition  by  the  side  of  the  other  Georgia  troops. 
On  entering  the  Fort  with  Capt.  Read's  company, 
they  were  cordially  greeted  by  both  officers  and 
men. 

The  vigorous  attack  from  the  fleet  continued 
unabated,  with  still  no  decided  damage  to  any  of 
their  ships.  About  half-past  twelve  P.M.,  I  again 
went  out  of  the  Fort,  with  my  Assistant  Adjutant- 
General,  Capt.  Young,  for  the  purpose  of  muster 
ing  together  the  infantry  and  reserves,  and  have 
them  in  readiness  for  any  eventuality.  Before 
leaving,  however,  I  turned  over  the  command  to 
Col.  Heyward,  with  directions  to  hold  out  as  long 
as  any  effective  fire  could  be  returned. 

Having  mounted  our  horses,  we  rejoined  the 
troops  near  Hospital  No.  Two.  I  received  infor 
mation,  through  one  of  the  videttes,  that  a  steam 
er  and  small  boats  were  sounding  close  to  the 
beach ;  I  detached  Capt.  Berry,  with  three  compa 
nies  of  his  battalion,  under  the  guidance  of  Capt. 
Ephraim  Barnard,  volunteer  aid,  by  a  road  marked 
K,  to  watch  the  enemy,  beat  them  back  if  they 
attempted  to  land,  and  give  notice  if  he  wanted 
support.  I  then,  with  some  of  my  staff,  rode  to 
collect  together  the  other  troops,  who,  through 
ignorance  of  our  inland  roads,  had  lost  their 
way,  and  had  not  yet  come  up. 

On  the  road  marked  D,  leading  to  the  wharf  on 
Skull  Creek,  about  one  fourth  of  a  mile  from  Fort 
Walker,  I  unexpectedly  met  Gen.  Ripley  and 
staff.  Saluting  him,  I  enquired  if  he  visited  the 
island  to  assume  command,  and  whether  he  wished 
to  go  back  with  me  into  the  Fort  ?  He  said  no, 
but  that  he  would  return  to  Coosawhatchie  to 
collect  and  bring  back  two  or  three  regiments  to 
my  support.  We  then  moved  from  under  the 
fire  of  the  ships  to  the  shelter  of  some  myrtles, 
where  we  could  not  be  seen. 

I  then  stated  to  him  the  incidents  of  the  morn 
ing,  how  the  men  fought,  that  the  day  was  going 
against  us,  and  that  I  was  then  collecting  my  for 
ces  for  any  emergency  that  might  arise,  and  if 
compelled  to  defend  the  island,  it  should  be  re 
tained  to  the  last  extremity.  We  then  parted, 
he  taking  the'  road  toward  the  ferry,  and  I  in 
pursuit  of  the  purposes  which  brought  me  out 
of  the  Fort. 

On  reaching  my  reserves,  at  Hospital  No.  Two,  I 
learned  that  the  enemy  had  ceased  making  sound 
ings,  and  had  gone  back  to  sea;  whereupon  I 


despatched  Capt.  Read  to  order  Capt.  Berry  to 
return  from  the  beach. 

Two  o'clock  had  now  arrived,  when  I  noticed 
our  men  coming  out  of  the  Fort,  which  they  had 
bravely  defended  for  four  and  a  half  hours  against 
fearful  odds,  and  then  only  retiring  when  all  but 
three  of  the  guns  on  the  water-front  had  been 
disabled,  and  only  five  hundred  pounds  of  pow 
der  in  the  magazine ;  commencing  the  action 
with  two  hundred  and  twenty  men  inside  the 
Fort,  afterward  increased  to  two  hundred  and 
fifty -five,  by  the  accession  of  Read's  battery. 
These  heroic  men  retired  slowly  and  sadly  from 
their  well-fought  guns,  which,  to  have  defended 
longer,  would  have  exhibited  the  energy  of  de 
spair  rather  than  the  manly  pluck  of  the  true 
soldier. 

The  defence  of  this  post  involved  a  two-fold 
preparation. 

First,  to  repel  the  attack  from  the  fleet ;  and, 
second,  an  assault  by  the  beach  from  the  troops 
upon  the  transports. 

By  the  beach  we  had  to  provide  against  an  at 
tack  from  the  north,  under  cover  of  the  bluff 
south  of  Fish  Hall  Creek,  (marked  on  the  map 
F  H,)  and  from  the  south  (S)  by  the  beach, 
under  cover  of  the  woods  between,  (J  and  S,) 
where  a  picket  of  men  were  posted,  under  Capt. 
Paul  H.  Seabrook ;  and,  lastly  by  the  road, 
marked  (K),  leading  from  the  beach  to  the  second 
hospital.  To  guard  against  surprise,  either  by 
Fish  Hall  Creek  or  by  the  beach,  (at  J  and  S,) 
when  I  was  returning  to  the  Fort  with  a  portion 
of  Capt.  Read's  company,  I  at  the  same  time 
led  up  Col.  De  Saussure's  regiment  to  the  hollow 
(marked  P)  west  of  the  wood,  and  directed  them 
to  lie  down.  They  were  perfectly  masked  from 
the  fire  of  the  Fort,  but  not  that  of  the  fleet,  for 
the  watchmen  at  the  mastheads  gave  notice  of 
their  position,  compelling  Col.  De  Saussure  after 
a  short  time,  to  fall  back  under  a  heavy  fire,  to  a 
less  dangerous  locality. 

Had  the  intrenched  camp,  with  storehouses 
and  magazines,  been  made  in  time,  several  lives 
and  large  quantities  of  public  property  might 
have  been  saved.  But  it  was  impossible  to  have 
made  this  within  the  short  time  and  with  the 
diminutive  forces  at  my  disposal;  for  on  my  ar 
rival  at  headquarters  in  Beaufort,  on  the  night  of 
the  seventeenth  of  October,  the  number  of  troops 
at  Camp  Walker  was  but  three  hundred  and 
sixty-two,  afterwards  increased,  on  the  twenty- 
fourth,  to  six  hundred  and  twenty-two,  by  the 
accession  of  four  companies  under  Major  Jones, 
of  the  Twelfth  regiment  South-Carolina  volun 
teers.  To  this  may  be  added  the  engineer  force 
of  some  sixty  men,  who,  with  the  soldiers, 
worked  incessantly  day  and  night.  As  for  evi 
dence  of  what  they  accomplished,  the  eight-inch 
columbiad,  on  the  water-front,  was  only  mounted 
on  the  first  of  November,  one  eight- inch  howitzer 
in  the  salient  of  the  south  bastion,  mounted  on 
the  fourth ;  one  thirty -two  pounder  on  the  right 
flank  of  the  bastion,  mounted  on  the  fifth  ;  one 
eight-inch  howitzer,  mounted  on  a  ship-carriage ; 


DOCUMENTS. 


195 


embrasure  cut  through  parapet  of  demilune  ;  on 
the  night  of  the  fifth  covered  way  and  hot-shot 
furnace  for  forty-two  pounders,  constructed  of 
earth  and  dry  masonry — on  the  morning  of  the 
sixth — together  with  wads  of  moss  and  hay  for 
same,  splinter-proof,  occupying  only  one  half 
terreplein  behind  the  principal  traverse,  which 
was  finished  on  the  morning  of  the  engagement, 
(seventh  instant,)  the  material  not  having  arrived 
before  the  fourth  instant. 

The  retreat  was  commenced  about  three  P.M., 
toward  Ferry  Point,  about  six  miles  off,  Col. 
De  Saussure's  regiment  and  Capt.  Read's  com 
pany  of  artillery  bringing  up  the  rear.  At  half- 
past  one  A.M.,  by  the  aid  of  Com.  Tatnall's  fleet, 
the  steamer  St.  Louis  and  Edisto  and  three 
large  flats,  capable  of  holding  one  hundred  and 
fifty  men  each,  the  troops  were  all  safely  em 
barked,  without  provisions ;  no  ammunition  but 
what  was  contained  in  the  cartridge-boxes,  (the 
one  hundred  thousand  cartridges  I  had  made 
requisition  for,  and  been  anxiously  expecting, 
not  having  reached  us  till  after  the  battle.)  Fear 
ing  that  our  retreat  would  be  cut  off'  by  the  ene 
my's  gunboats  at  Skull  Creek,  no  other  alterna 
tive  was  left  but  to  leave  the  island  and  concen 
trate  upon  the  mainland,  where  we  would  be 
enabled  to  fight  the  enemy  on  more  equal  terms, 
should  he  venture  beyond  the  protection  of  his 
fleet  and  attack  us  there. 

The  muskets  captured  by  the  enemy,  with  the 
exception  of  some  ten  or  fifteen,  were  those  left 
in  the  Fort,  shattered  by  shot  and  shell — others 
left  in  camp,  belonging  to  men  on  sick  leave,  or 
to  those  engaged  in  heating  hot-shot  furnaces 
two  days  before  the  fight — and  some  boxes  of 
arms  which  had  been  left  on  the  wharf  the 
night  before  the  battle,  belonging  to  the  sick 
men  of  Col.  De  Saussure's  regiment,  who  had 
been  left  behind  at  Lightwood  Knot.  These 
could  have  been  saved,  with  a  box  of  swords, 
if  the  captains  of  the  steamers  Edisto  and  St. 
John's  had  not  refused  to  take  them  on  board 
when  directed  to  do  so. 

To  Capt.  Tatnall,  Flag-Officer  of  the  Confeder 
ate  States  Navy,  and  the  officers  and  men  of  his 
little  fleet,  I  cannot  too  highly  express  my  ad 
miration  of  their  intrepidity  and  hardihood  in 
attacking  the  enemy's  gunboats,  on  the  fourth 
and  fifth  instant.  These  encounters,  by  inter 
rupting  their  soundings  and  the  location  of  their 
buoys,  no  doubt  prevented  our  being  attacked 
on  Tuesday,  the  fifth  instant,  before  OUT  reen- 
forc&ments  reached  us.  I  must  also  acknowledge 
the  assistance  extended  to  us  by  the  gallant 
Commodore  with  his  boats  on  the  night  of  our 
retreat  from  the  island. 

FORT     BEAUREGARD. 

The  attack  upon  this  fort,  though  not  so  con 
centrated  and  heavy  as  that  upon  Walker,  was 
nevertheless  very  severe.  Its  armament  (see 
accompanying  sketch)  was  nineteen  guns,  of 
which  the  following,  viz.: 

One  eight-indi  Rodman,  bored  to  twenty-four- 
pounder  and  rifled, 


Two  forty-two-pounders, 

One  eight-inch  columbiad, 

Two  forty -two-pounders,  reamed  to  eight  inch 
es,  and 

One  thirty-two-pounder,  in  hot-shot  battery, 
Were  the  only  guns  capable  of  being  used  against 
the  fleet. 

The  force  on  Bay  Point  was  six  hundred  and 
forty  men,  commanded  by  Col.  R.  G.  M.  Duno- 
vant,  Twelfth  regiment  South-Carolina  volun 
teers.  Of  the  above,  one  hundred  and  forty- 
nine  garrisoned  Fort  Beauregard,  under  the  im 
mediate  command  of  Capt.  Stephen  Elliott,  Jr., 
Beaufort  Volunteer  Artillery,  Company  A,  Ninth 
regiment,  South-Carolina  volunteers.  The  infan 
try  force  of  Col.  Dunovant's  regiment  was  in 
trusted  with  the  protection  of  the  eastern  part 
of  the  island,  and  of  the  defence  of  the  bastion 
line  of  the  Island  Narrows,  where  an  attack  was 
expected  from  the  enemy. 

Knowing  how  small  a  force  Capt.  Elliott  had 
to  command  his  batteries,  I  ordered,  as  soon  as 
I  reached  Hilton  Head  on  the  fifth  instant,  Capt. 
Stuart's  company,  (Hamilton  Guards,)  Ninth 
regiment  South-Carolina  volunteers,  to  march  upon 
Fort  Walker  from  Braddock's  Point,  and  take 
thence  the  steamer  Edisto  for  Bay  Point;  but 
the  failure  of  Capt.  Sassare,  of  the  Edisto,  to 
fulfil  his  appointment  at  the  hour  designated, 
prevented  me  from  supporting  Capt.  Elliott  as  I 
desired.  But  on  Thursday  morning,  seventh 
instant,  having  obtained  the  steamer  Emma,  I 
despatched  Capt.  Stuart's  company  in  her  to  Fort 
Beauregard.  The  rapid  advance  of  the  enemy's 
fleet,  however,  to  the  attack  on  the  batteries  cut 
off  and  compelled  her,  at  the  risk  of  being  inter 
cepted,  to  turn  back  and  seek  shelter  in  Skull 
Creek,  on  the  shores  of  which  Capt.  Stuart's 
company  safely  disembarked,  and  joined  me  in 
the  afternoon.  And  here  again  was  exhibited 
another  act  of  heroism  on  the  part  of  our  veteran 
Commodore,  who,  to  save  the  Emma,  interposed 
his  own  frail  flag-steamer  between  her  and  the 
advancing  flag-ship  of  Commodore  Du  Pont,  draw 
ing  upon  himself  her  entire  broadside,  and  thus 
diverting  this  huge  leviathan  temporarily  from 
her  course,  secured  the  safety  of  the  Emma  at 
the  peril  of  his  own  vessel. 

The  non-arrival  of  any  reinforcements  at  Camp 
Walker,  until  the  night  of  the  sixth  instant,  also 
prevented  me  from  sending  the  four  companies  of 
the  Twelfth  regiment,  South-Carolina  volunteers, 
under  Major  Jones,  to  the  support  of  the  other 
six  companies  of  the  regiment  at  Bay  Point. 

For  the  details  of  the  engagement  at  this  port, 
the  notable  examples  of  bravery,  the  general  good 
conduct,  their  well-timed  retreat,  in  the  direction 
indicated  by  the  dotted  red  lines  on  the  map  ap 
pended,  I  beg  leave  to  refer  you  to  the  official  re 
ports  of  Col.  Dunovant  and  Capt.  Elliott.  But 
among  the  many  officers  and  men  honorably  no 
ticed  on  this  occasion  in  the  official  report  of  Col. 
Dunovant,  none  of  them  are  so  justly  entitled  to 
well-merited  encomiums  as  Capt.  Stephen  Elliott, 
the  commander  of  the  Fort.  Others  may  hava 
exhibited  an  equal  amount  of  cool  bravery  in 


196 


REBELLION   RECORD,  1860-61. 


front  of  the  foe,  but  his  opportunities  enabled 
him  to  surpass  all  his  brother  officers  in  the 
skilful  arrangement  of  his  defences,  superb  con 
dition  of  his  batteries,  and  in  the  high  discipline 
which  he  had  imparted  to  his  model  company,  the 
creation  of  his  own  indefatigable  exertions. 

The  dela}rs  and  dangers  incident  to  the  manner 
in  which  troops  and  supplies  of  all  kinds  were 
landed  at  the  forts  of  Port  Royal,  and  the  ab 
sence  of  all  means  of  retreat  in  case  of  disaster, 
had  attracted  my  most  serious  attention  immedi 
ately  after  I  assumed  command  at  Beaufort.  On 
the  evening  of  the  seventeenth  ult.,  I  immediately 
took  steps  for  remedying  the  first  and  providing 
for  the  latter. 

With  the  double  object  of  landing  supplies  in 
all  weather,  at  Bay  Point,  and  at  the  same  time 
of  furnishing  the  means  of  retreat  beyond  the 
range  of  the  enemy's  guns,  I  directed  one  of  my 
volunteer  aids,  T.  R.  S.  Elliott,  to  make  an  ex 
amination  of  the  adjacent  creeks  to  the  north  of 
the  Fort.  He  reported  that  about  three  miles 
from  Moss  Creek  there  was  a  depth  of  water  suf 
ficient  for  steamers  drawing  seven  feet,  at  low  wa 
ter  ;  and  that  from  thence  a  causeway  of  three 
hundred  yards  over  the  marsh  might  easily  be 
made,  and  furnish  a  sure  means  of  transportation, 
and  thus  avoid  the  losses  and  delays  which  had 
previously  occurred  in  landing  from  the  steamers 
into  flats  upon  the  beach. 

From  the  point  above  indicated,  in  Moss  Creek, 
flats  were  to  have  been  provided,  and  stationed 
to  convey  the  soldiers,  in  case  of  emergency, 
across  the  creek ;  thence,  by  land,  to  Station  Creek, 
where  other  flats  were  to  be  placed  for  the  same 
object  as  at  Moss  Creek ;  landing  at  St.  Helena, 
the  transit  to  Whitehall  Ferry,  opposite  Beaufort, 
was  comparatively  safe. 

On  Hilton  Head  I  also  commenced  repairing 
the  wharf  at  Seabrook's  Landing,  on  Skull  Creek, 
with  a  view  of  transporting  stores  to  Fort  Walk 
er,  when  the  weather  was  too  boisterous  to  land 
them  in  the  surf.  The  completion  of  the  wharf 
was  prevented,  however,  by  the  unexpected  at 
tack  of  the  enemy.  Though  in  its  incomplete 
state,  it  had  been  put  to  successful  use. 

I  succeeded,  however,  in  obtaining  from  Charles 
ton  two  flats  and  two  troop-boats,  and  from  Savan 
nah  three  large  flats,  capable  of  containing  one  hun 
dred  and  fifty  men  each,  which  reached  Jenkins's 
Island  Ferry  in  time  to  assist  in  embarking  our 
troops  on  the  night  of  the  retreat.  Three  other 
smaller  ones  were  sent  at  the  same  time  to  White 
hall  Ferry,  which  assisted  in  performing  the  same 
good  offices  to  Col.  Donovant's  command.  The 
rest  of  the  scheme,  fqr  want  of  time  and  flats, 
could  not  be  carried  out  in  the  manner  I  intended. 

For  the  purpose  of  sending  messages  between 
Forts  Walker  and  Beauregard,  and  thence  to  my 
headquarters  at  Beaufort,  I  had  prepared,  by  the 
assistance  of  Capt.  Lynch,  another  of  my  aids,  a 
number  of  signal-flags,  the  designs  of  which  had 
already  been  prepared  and  painted,  and  only 
needed  a  few  more  days  to  have  been  put  in  op 
eration. 

lii  alluding,  as  I  have,  to  these  matters,  I  do 


not  mean  to  reflect  upon  any  person,  as  to  say 
these  pressing  wants  could  have  been  supplied 
anterior  to  the  period  when  I  entered  upon  my 
new  duties.  My  design  has  been  to  exhibit  the 
condition  in  which  I  found  my  command,  and  to 
show  that  I  have  left  no  effort  untried  to  im 
prove  it. 

Notwithstanding  the  prompt  measures  adopted 
by  Col.  Dunovant  to  effect  his  retreat  in  the  di 
rection  of  the  Narrows,  it  is  surprising,  that  with 
the  knowledge  possessed  by  the  enemy  (through 
Mr.  Boutelle  and  others  connected  with  the  Coast 
Survey)  his  retreat  had  not  been  intercepted  by 
gunboats  passing  up  towards  Beaufort,  and  mine 
by  other  steamers  making  the  passage  through 
Skull  Creek,  towards  the  ferry  landings.  Why 
they  did  not  adopt  this  course  must  be  left  to 
time  to  explain. 

CASUALTIES. 

The  following  is  a  correct  list  of  the  killed, 
wounded,  missing  and  taken  prisoners  : 

Killed  in  Fort  Walker, 10 

Wounded  in  Fort  Walker, 20 

Killed  in  Col.  De  Saussure's  Fifteenth  regiment 

South-Carolina  volunteers, 1 

Wounded  severely, 15 

Wounded  in  Fort  Beauregard, 13 

Total  killed  and  wounded, 50 

Missing, 4 

Taken  prisoners,  sick  in  hospital, 3 

Total  killed,  wounded,  missing  and  taken 
prisoners, 60 

The  heads  of  the  quartermaster's  and  commis 
sary's  departments,  Major  E.  Willis  and  Capt.  C. 
D.  Owens,  have  discharged  their  several  duties 
with  economy  and  fidelity.  The  reports  hereunto 
appended  of  these  officers  and  their  assistants, 
show  how  unwearied  and  earnest  were  their  ef 
forts  to  save  the  public  property  left  at  the  head 
quarters  at  Beaufort.  I  must  likewise  make  hon 
orable  mention  of  Col.  W.  C.  Hey  ward,  Ninth 
regiment  South-Carolina  volunteers,  who  com 
manded  in  Fort  Walker  and  its  vicinity,  and 
who,  during  the  battle,  made  the  best  use  of  the 
means  at  his  disposal.  Col.  John  A.  Wagoner,  First 
regiment  artillery,  South-Carolina  militia,  support 
ed  by  Major  Arthur  M.  Huger,  of  the  same  regi 
ment,  was  placed  in  the  immediate  command  of 
all  the  batteries,  nine  of  which,  upon  the  water 
front,  were  manned  by  the  German  artillery  com 
panies  A  and  B,  Captains  Harms  and  Warner, 
First  regiment  of  artillery,  South-Carolina  militia, 
all  of  whom  fought  under  the  flag  of  their  adopt 
ed  country  with  an  enthusiasm  which  could  not 
have  been  surpassed,  had  they  been  fighting  in 
defence  of  their  own  fatherland. 

The  remaining  four  batteries  on  the  left  flank 
of  the  water-front,  were  under  the  direction  of 
Capt.  Bedon,  Ninth  regiment  South-Carolina  vol 
unteers  ;  the  flanking  and  rear  guns  of  the  Fort 
were  manned  by  detachments  from  Captains  He- 
don's,  Cannady's  and  White's  companies.  Ninth 
regiment  South  -  Carolina  volunteers.  Major  F, 


DOCUMENTS. 


197 


D.  Lee,  South-Carolina  engineers,  and  construct 
ing  engineer  of  Fort  Walker,  not  only  fought 
gallantly  at  the  batteries,  but  afforded  valuable 
assistance  at  other  points  in  the  work  during  the 
contest. 

Capt.  Joseph  A.  Yates,  battalion  South-Caro 
lina  artillery,  and  acting  ordnance  officer,  was 
zealous  in  the  execution  of  all  the  duties  assigned 
to  him.  Towards  the  close  of  the  fight  he  was 
severely  wounded,  but  has  since  recovered,  and  is 
again  ready  in  another  field,  to  resist  all  maraud 
ers  that  approach  our  shores. 

Dr.  Ogeer  and  his  able  assistants,  Drs.  "W.  C. 
Ravenel  and  William  Elliott,  a  volunteer  from  Sa 
vannah,  Georgia,  were  present,  and  rendered  ef 
ficient  service  in  the  hospitals.  I  cannot  but  re 
gret  the  painful  wound  which  has  been  the  cause 
of  the  resignation  of  Dr.  Ogeer  as  Medical  Director 
in  my  medical  district. 

In  conclusion,  I  cannot  but  express  my  high 
appreciation  of  the  gallant  behavior  of  my  aids, 
Captain  Henry  E.  Young,  and  Lieut.  J.  E.  Dray- 
ton  ;  as  also  that  of  the  gentlemen  composing  my 
volunteer  staff,  Captains  L.  Cheeves,  H.  Rose,  E. 
Lyn^h,  J.  E.  Eddings,  J.  J.  Middleton,  Jr.,  and 
Joh^ph  M.  Huger. 

The  names  of  the  officers  and  men  not  men 
tioned  in  my  report  will  be  found  deservedly 
mentioned  in  the  official  reports  of  the  colonels  of 
regiments,  commandants  of  batteries  and  chiefs 
of  the  general  staff. 

T  have  the  honor  to  be, 

Respectfully  yours, 
THOMAS  F.  DUAYTON, 

Brigadier-General  Commanding. 

[Official]  JOHN  WITHERS, 

A.  A.  General. 

HEADQUARTERS  DEPARTMENT  SOUTH-CAROLINA,  j 
CHARLESTON,  November  17,  18(il.      f 

It  may  be  proper  to  remark  upon  the  within 
report,  there  are  probably  some  inadvertent  in 
accuracies — or  to  give  a  report  of  movements  and 
orders  from  these  headquarters,  and  instructions 
given  after  news  was  received  that  the  enemy's 
fleet  was  intended  for  Port  Royal,  and  how  they 
were  carried  out  and  followed.  I  deem,  however, 
that  no  good  would  result  to  the  service  from  a 
discussion  of  these  points  at  this  time,  and  re 
questing  that,  should  it  be  thought  proper  to  pub 
lish  this  report,  it  should  be  published  with  this 
endorsement.  It  is  respectfully  forwarded, 

R.   S.   RlPLEY, 
Brigadier-General  Commanding. 


Doc.  31. 
SOUTHERN    RIGHTS    ASSOCIATION. 

THE  following  documents  were  found  among 
other  papers  at  Beaufort,  S.  C.,  on  November 
twentieth,  1861,  by  the  officers  of  the  gunboat  R. 
B.  Forbes,  in  the  office  of  Charles  E.  Bell,  Esq.,  a 
prominent  lawyer  of  that  town. 

MINUTES    OF     THE     PROCEEDINGS    OF     THE     SOUTHERN 
RIGHTS    ASSOCIATION    OF    ST.    HELENA    PARISH. 

At  a  meeting  of  the  citizens  of  St.  Helena  Par 
ish,  held  in  Beaufort,  on  the  twenty-fifth  day  of 


October,  1850,  for  the  purpose  of  organizing  a 
Southern  Rights  Association,  Edmund  Rhett, 
Esq.,  was  called  to  the  chair,  and  John  H.  Baker, 
Esq.,  requested  to  act  as  Secretary. 

The  Hon.  R.  De  Treville,  Chairman  of  a  Com 
mittee,  appointed  for  the  purpose,  at  a  prelimin*^ 
ry  meeting,  offered  the  following  Resolutions  and 
Constitution,  as  setting  forth  the  circumstances 
which  rendered  such  an  association  expedient, 
explaining  its  objects,  and  containing  a  system  of 
rules  proper  for  its  organization,  which  were  unani 
mously  adopted : 

We,  the  people  of  St.  Helena  Parish,  sensible 
of  the  wrongs  inflicted  upon  the  South,  by  the 
action  of  the  Federal  Government,  controlled  as 
it  now  is  by  a  fanatical  majority ;  and  conscious 
of  the  necessity  of  resistance  to  secure  ourselves 
from  further  and  more  enormous  encroachments, 
have  determined  to  form  ourselves  into  an  Asso 
ciation  for  the  protection  and  defence  of  our  rights, 
honor  and  institutions. 

We  do  therefore  now  solemnly  declare  that  we 
will,  with  all  the  means  the  God  of  Nature  has 
given  us,  sustain  any  action  the  State  may  take 
in  resisting  the  encroachments  of  the  Government 
of  the  United  States  upon  the  rights,  the  inter 
ests,  or  the  honor,  of  the  slaveholding  States  of 
this  Union  ;  and  that  we  respond  fully  to  the  sen 
timents  entertained  and  expressed  in  the  resolu 
tions  adopted  by  the  Richland  Association,  at  the 
time  of  its  organization,  as  follows  :• 

Resolved,  That  the  persevering  and  systematic 
assaults  made  by  the  non-slaveholding  States,  and 
by  the  representatives  of  their  people  in  the  Con 
gress  of  the  United  States  upon  the  property  and 
feelings  of  the  slaveholding  States,  render  it  neces 
sary  and  expedient  that  the  latter  should  adopt 
measures  to  arrest  the  grievances,  and  secure  to 
themselves  that  peace  and  safety,  the  enjoyment 
of  which  is  the  object  of  all  government. 

Resolved,  That  these  attacks  upon  our  honor 
and  our  interest  subject  us  to  insult  and  injury, 
under  which  no  government  is  worth  preserving, 
and  to  avoid  which  any  danger  should  be  encoun 
tered. 

Resolved,  That  firm  and  concerted  action  is 
necessary  for  the  protection  of  the  slaveholding 
States  from  the  dangerous  aggressions  of  the  non- 
slaveholding  States,  and  the  unconstitutional  ac 
tion  of  the  Congress  of  the  United  Spates. 

Resolved,  That  the  people  of  St.  Helena  Parish 
are  now  and  alwa}rs  will  be  ready  to  obey  the 
call  of  the  authorities  of  South-Carolina,  to  resist 
all  such  encroachments  upon  the  rights,  the  in 
terests,  or  the  honor,  of  the  slaveholding  States 
of  the  Union. 

Resolved,  further,  That  we  now  form  an  Asso 
ciation  with  the  following 

CONSTITUTION. 

Article  1.  The  name  of  this  Association  shall  be 
"  The  Southern  Rights  Association  of  St.  Helena 
Parish."  Its  object  shall  be  to  organize  more 
effectually  the  people  of  St.  Helena  Parish  in  sup 
port  of  Southern  interests,  to  insure  concert  of 


193 


REBELLION   RECORD,  1860-61. 


action  among  the  citizens  of  this  and  other  South 
ern  States,  for  the  vindication  of  their  rights,  to 
maintain  the  Federal  compact  in  its  original  puri 
ty  and  simplicity,  as  the  only  means  of  preserving 
the  Union ;  and  to  support  the  State  authorities 
in  any  measure  South -Carolina  may  adopt  for  her 
defence,  or  that  of  her  sister  States,  against  the 
injustice  and  aggressions  of  those  of  the  North. 

Art.  2.  Every  friend  of  the  South  shall  be  con 
sidered  a  member  of  this  Association,  upon  sign 
ing  these  rules. 

Art  3.  The  officers  of  this  Association  shall 
consist  of  a  President,  three  Vice-Presidents,  a 
Recording  Secretary,  two  Corresponding  Secreta 
ries,  and  a  Treasurer,  to  be  chosen  annually,  at 
the  anniversary  of  the  Association. 

Art.  4.  There  shall  be  a  "Committee  of  Safety" 
annually  appointed,  to  consist  of  fifteen  members, 
for  this  parish,  whose  duty  it  shall  be  to  consider 
all  communications  relating  to  the  objects  of  the 
Association,  to  call  extra  meetings  whenever  five 
of  their  number  may  request  the  President,  or,  in 
his  absence,  a  Vice-President,  to  do  so,  and  to 
prepare  and  lay  before  the  meetings  such  informa 
tion  and  reports  as  they  may  deem  important. 
The  President,  Vice-President,  Secretaries  and 
Treasurer,  shall  be  ex-officio  members  of  the 
Council. 

Art.  5.  There  shall  be  regular  meetings  of  the 
Association  on  the  second  Monday  in  January, 
April,  July  and  October,  in  each  and  every  year. 

Art  6.  The  Association  shall  appoint  Delegates 
to  other  Southern  Rights  Associations,  Conven 
tions  and  Mass-meetings,  whenever  the  Council 
of  Safety  may  deem  it  expedient  for  its  interests 
and  purposes. 

Art.  7.  The  Association  shall  continue  in  ex 
istence,  and  persevere  in  its  efforts,  until  the 
wrongs  of  the  South  are  redressed,  and  the  Fed 
eral  Constitution  restored  to  its  original  purity, 
or  the  State  resume  the  powers  heretofore  dele 
gated  to  the  United  States  for  special  purposes. 

The  persons  present  at  the  meeting  having  then 
signed  the  original  Constitution,  of  which  the 
above  is  a  copy,  proceeded  immediately  to  the 
election  of  officers,  and  the  following  gentlemen 
were  chosen  by  acclamation : 

President — Hon.  R.  W.  BARNWELL. 

Vice-Presidents — Hon.  R.  DE  TREVILLE,  Capt. 
JOHN  FKIPP,  EDMUND  RHETT,  Esq. 

Recording  Secretary — Dr.  THOS.  TALBIRD. 

Corresponding  Secretaries — WM.  H.  TKESCOT, 
Esq.,  Jos.  DANIEL  POPE,  Esq. 

Treasurer — JOHN  M.  BAKER,  Esq. 

The  meeting  then  adjourned. 

EXTRA    MEETING,    1ST   NOVEMBER,    1850. 

At  an  extra  meeting,  held  this  day  at  the  Arsenal, 
the  Association  was  called  to  order  by  the  Presi 
dent,  who  then  stated  that  the  immediate  object 
of  this  meeting  was  to  complete  the  organization 
of  the  Association,  by  the  appointment  of  the 
u  Council  of  Safety"  for  the  first  annual  term,  and 
he  appointed  the  following  gentlemen: 


COUNCIL    OF   SAFETY. 


For  St.  Helena  Island. 
Jos.  J.  Pope,  Sen., 
Jos.  D.  Edings, 
Daniel  Jenkins, 
Edgar  Fripp, 
F.  0.  P.  Fripp, 
Dr.  J.  A.  P.  Scott. 


For  Beaufort 
Jos.  Hazel, 
John  G.  Barnwell, 
George  P.  Elliott, 
F.  F.  Sams, 
B.  I.  Johnson, 
T.  0.  Barnwell, 
Wm.  H.  Cuthbert, 
A.  M.  N.  Cunningham, 
Dr.  John  N.  Johnson. 


On  motion  by  Edmund  Rhett,  Esq.,  it  was 

Resolved,  That  the  President,  the  Hon.  R.  W. 
Barnwell,  be  requested,  as  soon  after  his  return 
from  the  Nashville  Convention  as  may  suit  his 
convenience,  to  embody  his  views  on  the  position 
and  prospects  of  the  South  at  the  present  crisis, 
in  a  form  suitable  for  publication,  and  that  they 
be  printed  by  this  Association. 

On  motion  by  the  same  gentleman,  it  was  also 

Resolved,  That  the  Treasurer  be  authorized  to 
receive  voluntary  contributions  from  the  mem 
bers  of  this  Association,  to  assist  the  Southern 
Rights  Association  of  Charleston  in  the  printing 
and  circulation  of  pamphlets  and  other  publica 
tions,  and  instructed  to  forward  the  amount  so 
obtained  to  the  proper  officer  of  the  said  Asso 
ciation. 

On  motion  of  Capt.  John  Fripp,  it  was  fur 
ther 

Resolved,  That  the  Treasurer  be  authorized 
and  instructed  to  receive  contributions,  which 
shall  in  all  cases  be  entirely  voluntary,  for  the 
use  of  this  Association. 

The  Association  then  adjourned, 

REGULAR   MEETING,    13TH    JANUARY,    1851. 

In  the  absence  of  the  President,  the  Associa 
tion  was  called  to  order  by  Vice-President  Capt. 
John  Fripp.  The  minutes  of  the  last  meeting 
were  read  and  confirmed. 

On  motion  by  Joseph  Daniel  Pope,  Esq.,  it 
was 

Resolved,  That,  as  a  portion  of  the  people  of 
South-Carolina,  we  are  now  and  ever  will  be  op 
posed  to  the  late  measures  of  Congress,  known 
as  the  "Compromise  of  1850;"  that  we  con 
sider  them  unjust,  unconstitutional,  and  degrad 
ing  to  the  South  ;  that  they  indicate  a  settled 
determination  on  the  part  of  the  North,  not  only 
to  interfere  with  our  property,  but  to  deprive  us 
of  all  political  power  in  the  Union  ;  and  that,  in 
the  language  of  Judge  Cheves,  we  will  agitate, 
agitate,  agitate  this  question,  until  we  shall  fin 
ally  dissolve  all  political  connection  with  the 
North,  and  establish  a  government  at  the  South 
with  new  guards  for  our  future  security. 

Resolved,  That  we  cordially  approve  of  the 
action  of  the  Legislature  of  South-Carolina  at  its 
late  session;  that  we  consider  its  deliberations 
as  characterized  by  firmness,  tempered  with  pru 
dence  ;  that  we  approve  of  the  increase  of  the 
taxes,  as  demanded  by  the  exigency  of  the  times, 
and  as  necessary  to  such  military  and  other  pre 
parations  as  we  may  require ;  that  we  approve 
of  the  call  of  the  Convention  of  the  State,  to  de- 


DOCUMENTS. 


109 


liberate  and  determine  upon  the  final  course  that 
South-Carolina  should  adopt,  and  of  a  Southern 
Congress,  to  secure,  if  possible,  the  united  action 
of  the  South — this  being,  above  all  things,  of 
the  first  importance,  we  should  use  every  means 
in  our  power  to  secure  it. 

And  on  motion  of  William  H.  Trescot,  it  was 
further 

Resolved,  That  while  we  are  willing  to  act 
with  the  South  in  any  way  that  the  South  will 
declare  she  is  ready  to  act,  we  believe  and  are 
resolved  by  our  action  to  manifest  our  belief  that 
in  the  crisis  that  has  come,  the  trust  of  South- 
Carolina  is,  under  God,  in  herself. 

With  reference  to  a  resolution  adopted  at  the 
last  meeting,  the  Treasurer  reported  that  he  was 
still  receiving  contributions  for  the  use  of  the 
Publishing  Committee  of  the  Southern  Rights 
Association  of  Charleston,  but  as  the  contribut 
ing  members  had  not  all  paid  up  their  subscrip 
tions,  he  had  not  yet  in  his  hands  a  sum  of  suffi 
cient  importance  to  be  remitted.  There  being  no 
other  business  before  the  Association,  the  meet 
ing  was  adjourned. 

EXTRA    MEETING,    10TH   MARCH,    1851. 

The  Association  was  called  to  order  by  the 
President,  and  in  the  absence  of  the  Recording 
Secretary,  John  M.  Baker,  Esq.,  acted  as  Secre 
tary.  The  President  then  stated  that  he  had 
called  this  meeting  for  the  purpose  of  laying  be 
fore  the  Association  an  invitation  from  the  S.  R. 
Association  of  Orangeburg,  to  send  delegates  to 
a  Convention  of  Associations,  to  be  held  at  Co- 
»umbia  on  the  second  Monday  in  May  next,  and 
also  an  invitation  from  the  S.  R.  Association  of 
Charleston,  to  send  delegates  to  a  similar  Con 
vention,  to  be  held  in  Charleston,  on  the  first 
Monday  in  May  next. 

These  communications  having  been  read  to 
the  meeting,  on  motion  of  Jos.  D.  Pope,  Esq., 
it  was 

Resolved,  That  we  deem  it  expedient  and  pro 
per,  and  hereby  recommend  the  assembling  of  a 
Southern  Rights  Convention  in  Columbia,  on  the 
second  Monday  in  May  next,  and  that  the  said 
Convention  be  composed  of  delegates  sent  from 
each  Southern  Rights  Association  in  the  State,  in 
order  to  promote  a  more  effective  organization 
within  our  own  limits,  and  secure  a  greater  unity 
of  feeling  and  action  throughout  the  South.  Sec 
ondly, 

Resolved,  That  a  Committee  of  five  be  ap 
pointed  to  select  five  gentlemen,  to  represent 
this  Association  in  the  said  Convention. 

Under  the  second  resolution  the  President  ap 
pointed  a  Committee,  consisting  of  the  following 
gentlemen :  J.  D.  Pope,  Capt.  John  Fripp,  Col. 
R.  de  Treville,  Capt.  B.  R.  Bythewood,  and  Capt. 
J.  G.  Barnwell ;  who,  after  a  short  consultation, 
reported  the  following  nomination  for  delegates  : 
the  Hon.  R.  de  Treville,  Dr.  J.  A.  P.  Scott,  Col. 
G.  P.  Elliott,  Jos.  D.  Pope,  Wm.  H.  Trescot ; 
which  nomination  was  unanimously  confirmed. 

There  being  no  other  business  before  the  Asso 
ciation,  the  meeting  was  adjourned. 


REGULAR    MEETING,    MONDAY,  14TH    APRIL,    1851. 

In  the  absence  of  the  President,  the  Associa 
tion  was  called  to  order  by  Vice-President  Ed 
mund  Rhett,  Esq.,  the  minutes  of  the  last  two 
meetings  were  read  and  confirmed,  and  the  fol 
lowing  preamble  and  resolutions,  as  adopted  and 
published  by  the  Southern  Rights  Association  of 
Orangeburg,  were  read : 

Whereas,  A  Convention  of  the  S.  R.  Associa 
tion  of  the  State  has  been  proposed  by  this  As 
sociation,  to  be  held  at  Columbia  on  the  second 
Monday  in  May  next,  and  a  similar  Convention 
has  been  proposed  by  the  S.  R.  Association  of 
St.  Philip's  and  St.  Michael's,  to  be  held  at 
Charleston,  on  the  first  Monday  of  the  same 
month ;  therefore, 

Resolved,  That  to  avoid  any  embarrassment 
which  may  arise  from  conflicting  proposals,  and 
to  promote  harmonious  action,  this  Association 
withdraws  its  proposals  of  a  general  Convention 
of  the  S.  R.  Associations  of  the  State  at  Colum 
bia,  and  will  send  delegates  to  the  Convention 
proposed  to  be  held  in  Charleston  in  May  next. 

Resolved,  That  the  Committee  of  Correspond 
ence  be  instructed  to  communicate  the  foregoing 
preamble  and  resolution  to  such  Associations  of 
the  State  as  have  accepted  the  proposal  made  by 
this  Association. 

[Signed]  J.  W.  TAYLOR, 

HENRY  ELLIS, 

Sees,  of  0.  S.  R.  Ass. 

After  the  reading  of  the  above,  H.  M.  Stuart, 
Esq.,  offered  the  following  preamble  and  resolu 
tion,  which  were  unanimously  adopted : 

Whereas,  The  Orangeburg  S.  R.  Association 
has  withdrawn  its  proposal  that  a  Convention  of 
the  S.  R.  Associations  of  the  State  be  held  at 
Columbia,  in  favor  of  a  proposal  made  by  the  S. 
R.  Association  of  St.  Philip's  and  St.  Michael's, 
that  a  similar  Convention  be  held  in  Charleston 
on  the  first  Monday  in  May  next ;  therefore, 

Resolved,  That  the  delegates  appointed  by  this 
Association,  at  its  last  meeting,. to  the  Conven 
tion  proposed  to  be  held  at  Columbia,  be  re 
quested  to  attend  instead  that  to  be  held  in 
Charleston. 

There  being  no  other  business,  the  meeting 
was  adjourned. 

REGULAR     MEETING,    MONDAY,     14TH    JULY,    1851. 

The  Association  was  called  to  order  by  the 
President,  and  the  minutes  of  the  last  meeting 
were  read  and  confirmed. 

The  Chairman  of  the  Council  of  Safety  re 
ported  that  a  requisition  had  been  made  upon 
him  by  the  Central  Committee  for  the  names  of 
the  Committee  of  Safety  of  this  Association, 
which  he  had  furnished  accordingly. 

The  Treasurer  reported  that  under  a  resolu 
tion  passed  eleventh  November,  1851,  authoriz 
ing  him  to  receive  contributions  to  assist  the  S. 
R.  Association  of  Charleston  in  printing  and  cir 
culating  tracts,  etc.,  he  had  collected  a  small 
sum 

On  motion  of  Edmund  Rhett,  Esq.,  it  was 
then 


200 


REBELLION  RECORD,  1860-61. 


Resolved,  That  the  Treasurer  be  instructed  to 
pay  over  the  amount  collected  by  him  to  the 
Chairman  of  the  Council  of  Safety  of  this  Asso 
ciation. 

There  being  no  other  business,  the  meeting 
was  adjourned. 

EXTRA    MEETING,    MONDAY,    15TH    SEPTEMBER,    1851. 

In  the  absence  of  the  President,  the  meeting 
was  called  to  order  by  Col.  R.  de  Treville,  First 
Vice-President,  and  Charles  E.  Bell,  Esq.,  acted 
as  Secretary. 

The  Chairman  of  the  Council  of  Safety  stated 
that  under  the  instruction  of  the  Constitution, 
he  had  called  this  meeting  for  the  purpose  of  ap 
pointing  Delegates  to  represent  this  Association 
in  the  Convention  to  be  held  at  Walterborough, 
on  the  twenty-fifth  instant,  for  nominating  can 
didates  for  the  Southern  Congress  in  the  Vllth 
Congressional  District. 

He  also  read  a  letter  from  the  Hon.  R.  W. 
Barnwell,  resigning  his  office  as  President  of  the 
Association,  which  resignation  was,  on  motion  of 
Edmund  Rhett,  Esq.,  accepted. 

On  motion  of  Capt.  J.  G.  Barnwell,  it  was 

Resolved,  That  the  Chairman  do  appoint  a 
Committee  of  Five  to  nominate  delegates  for 
the  Convention  about  to  be  held  at  Walter- 
borough. 

Under  this  resolution,  the  following  gentlemen 
were  appointed :  J.  G.  Barnwell,  J.  A.  Johnson, 
R.  Reynolds,  J.  M.  Baker,  and  Edgar  Fripp — 
who,  after  consultation,  nominated  the  following 
as  delegates  :  Geo.  P.  Elliott,  Wm.  H.  Cuthbert, 
Wm.  H.  Trescot,  Daniel  Jenkins,  and  John 
Fripp,  and  the  Association  unanimously  con 
firmed  this  nomination. 

On  motion  of  Col.  George  P.  Elliott,  it  was 

Resolved,  That  the  Constitution  of  the  Asso 
ciation,  with  the  names  of  the  signers,  be  read 
to  the  meeting.  This  was  done  accordingly. 

On  motion  of  Robert  Chisolm,  Esq.,  it  was 

Resolved,  That  a  Committee,  to  consist  of 
three,  be  appointed  by  the  President  to  draft 
resolutions  approving  of  the  action  of  the  Con 
vention,  held  in  Charleston  in  May,  to  be  laid 
before  this  Association  at  its  anniversary  meet 
ing. 

Under  this  resolution,  the  following  gentlemen 
were  appointed :  Edmund  Rhett,  Samuel  Prio- 
leau,  and  Jos.  Hazel. 

On  motion  of  G.  P.  Elliott,  it  was 

Resolved,  That  the  letter  of  the  Hon.  J.  K. 
Paulding,  to  a  Southern  Rights  Meeting,  in 
Charleston,  be  read  to  this  Association. 

Which  was  done  accordingly. 

On  motion,  the  Association  was  then  ad 
journed  until  the  second  Monday,  thirteenth 
October  next. 

On  motion  of  J.  D.  Pope,  it  was 

Resolved,  That  the  minutes  be  amended  as 
follows : 

Resolved,  That  in  case  of  the  inability  of  any 
of  the  delegates  appointed  to  attend  the  Walter- 
boro'  meeting,  to  be  present  at  such  meeting,  the 
President  do  appoint  others  in  their  place. 


ANNIVERSARY     MEETING,     MONDAY,    13TH     OCTOBER, 
1851. 

The  meeting  was  called  to  order  by  Col.  R.  de 
Treville,  First  Vice-President,  and  Charles  E. 
Bell,  Esq.,  acted  as  Secretary. 

The  President  informed  the  meeting  that  under 
the  instruction  of  a  resolution,  passed  at  the  las 
meeting,  he  had  appointed  R.  Chisolm  and  Sam'l 
Prioleau,  Esqs.,  to  attend  the  Walterboro'  meet 
ing,  of  twenty -fifth  September  last,  in  place  of 
Messrs.  John  Fripp  and  Dan'l  Jenkins,  who  de 
clined  attending. 

Edmund  Rhett,  Esq.,  Chairman  of  the  Com 
mittee  appointed  to  draft  resolutions  approving 
of  the  Charleston  Convention,  held  in  May  last, 
presented  the  following  resolutions  : 

Resolved  1st.  That  we  approve  of  the  proceed 
ings  of  the  Convention  in  May  last,  as  a  faithful 
response  to  the  voice  of  their  constituents. 

Resolved  2d.  That  we  approve  of  the  resolu 
tions  submitted  to  that  body,  by  the  Delegation 
of  this  Association,  recommending  the  early  with 
drawal  of  the  State  from  the  Federal  Union,  as 
the  only  practicable  remedy  for  our  wrongs,  and 
that  events  of  a  later  date  in  the  neighboring 
States  confirm  us  in  the  necessity  of  that  deter 
mination. 

Resolved  3d.  That  in  recommending  to  the 
constituted  authorities  of  State,  the  adoption  of 
this  last  resolution  of  an  oppressed,  disparaged, 
and  outraged  people,  we  are  so  far  from  being 
conscious  of  recommending  an}Tthing  inconsist 
ent  with  the  original  purpose  of  our  organiza 
tion  and  the  vindication  of  Southern  rights  on 
the  largest  basis,  that  in  our  judgment  separate 
State  secession  is  the  most  certain  and  authentic 
measure  for  securing  that  cooperation  of  our 
sister  States,  which  have  been  so  anxiously 
sought  by  us  all,  and  hitherto  in  vain. 

Resolved  4th.  That  we  are  not  without  hope 
that  when  the  day  for  action  comes,  party  diifer- 
ences  will  be  buried,  and  that  there  will  be  a  cor 
dial  move  of  all  hearts  and  arms  in  the  defence 
of  our  altars,  families,  and  soil. 

The  Association  unanimously  adopted  these 
resolutions. 

Col.  Elliott  reported  that  the  delegates  to  Wal 
terboro'  had  joined  in  nominating  the  Hon.  R. 
Barnwell  Rhett  and  Dr.  G.  W.  Duncan  candi 
dates  for  the  Southern  Congress,  which  nomina 
tion  was  confirmed  by  the  Association. 

The  following  communication  was  handed  to 
the  Association,  and  on  motion  of  Edmund  Rhett, 
Esq.,  it  was  ordered  that  it  be  entered  on  the 
minutes,  and  its  prayer  be  granted.  It  reads  as 
follows : 

To  the  8.  R.  Association  of  St.  Helena  Parish : 

We,  the  undersigned,  members  of  the  S.  R.  As 
sociation  of  St.  Helena  Parish,  do  hereby  declare 
that  in  our  opinion,  the  objects  of  the  Association 
are  these,  and  these  only,  as  set  forth  in  the  fol 
lowing  words  of  its  Constitution  :  "  To  organize 
more  effectually  the  people  of  St.  Helena  Parish, 
in  support  of  Southern  interests  ;  to  ensure  con 
cert  of  action  among  the  citizens  of  this  and 


DOCUMENTS. 


201 


other  Southern  States  for  the  vindication  of  their 
rights ;  to  maintain  the  Federal  compact  in  its 
original  purity  and  simplicity,  as  the  only  means  of 
preserving  the  Union,  and  to  support  the  State  au 
thorities  in  any  measure  South-Carolina  may  adopt 
for  her  defence  or  that  of  her  sister  States  against 
the  injustice  and  oppression  of  those  of  the  North." 
That  these  words,  so  far  from  giving  any  sanction 
or  encouragement,  either  directly  or  by  implica 
tion,  to  the  separate  secession  of  the  State,  seem, 
on  the  contrary,  to  condemn  it  as  subversive  of 
the  main  object  of  the  Association — the  union  of 
the  South  in  an  organized  resistance  to  Northern 
aggressions  ;  that  we  look  upon  the  action  of  this 
Association,  for  effecting  any  object  not  provided 
for  in  its  Constitution,  or  its  adhesion  to  any  par 
ty  so  as  to  use  its  influence  in  elections  within 
the  State,  as  a  perversion  of  the  Constitution,  and 
unjust  to  members  opposed  to  such  action,  and 
that  we  regard  the  late  proceedings  of  this  Asso 
ciation,  as  well  as  those  of  the  Charleston  Con 
vention  approved  of  by  this  Association,  as  intend 
ed  to  promote  the  cause  of  separate  secession 
and  the  success  of  the  secession  party,  they  turn 
ing  the  Association  from  its  true  and  original  pur 
poses,  and  causing  it  to  assume  the  character  of 
a  mere  party  organization. 

In  view  of  these  things  we  feel  it  to  be  in 
consistent  with  our  principles  to  give  the  sanc 
tion  of  our  names  to  acts  of  an  Association  which 
we  regard  as  contrary  to  the  spirit  of  its  Consti 
tution,  and  injurious  to  the  true  interest  of  South- 
Carolina  and  the  South,  and,  therefore,  while  we 
deplore  the  necessity  which  makes  it  our  duty  to 
take  this  step,  and  declare  our  unabated  devotion 
to  the  cause  of  Southern  Rights,  and  our  determi 
nation  to  use  our  utmost  efforts  to  carry  out  what 
we  deem  to  be  the  true  objects  of  the  Association, 
namely,  to  promote  concert  of  action  in  this  and 
other  Southern  States,  so  as  to  maintain  our 
rights  in  the  Union,  or  prepare  for  a  separate 
Confederacy  out  of  it.  We  hereby  tender  our  re 
signation  as  members  of  the  States  Right  Asso 
ciation  of  St.  Helena  Parish,  and  request  that  our 
names  be  stricken  from  its  Constitution,  and 
these  our  reasons  for  so  doing  be  entered  in  the 
minutes  of  its  proceedings. 

R.  W.  BARNWELL,        J.  S.  TYLER, 
THOMAS  TALBIRD,          ROBERT  J.  ADAMS, 
STEPHEN  ELLIOTT,         WILLIAM  HOWLEY, 
JOHN  M.  FRIPP,  M.  SCOTT, 

WM.  FRIPP,  Sen.,         C.  K.  OSGOOD, 
PHILLP  GIVENS,  SAM.  C.  CATHERWOOD, 

F.  G.  FRASER,  H.  SLAWSON,  Jr., 

E.  J.  DUR  BAN,  E.  A.  BLOUNT, 

JOHN  MILNE,  E.  B.  JONES, 

WM.  FULLER,  G.  A.  MANN, 

AUG.  L.  AIMAR,  J.  E.  LAMBETH, 

CHARLES  SCHULTZE,      JOHN  E.  TALBIRD, 
FRANK  TALBIRD,  B.  W.  BARNWELL, 

T.  J.  WELLS,  M.  P.  O'CONNOR, 

J.  J.  T.  POPE. 

Their  names  have  been  struck  out,  and  they 
are  no  longer  members  of  that  Association. 

The  Association  then  proceeded  to  elect  offi 
cers  for  the  second  annual  term.  Dr.  Jacob 


Guerard  was  called  to  the  chair,  and,  on  motion, 
appointed  the  following  gentlemen  a  Committee 
to  nominate  officers,  namely  :  Messrs.  J  D.  Pope, 
Robert  Chisolm,  T.  H.  Spann,   and  Nath.   Hey- 
ward.     After  a  short  consultation,  they  nominat 
ed  the  following  gentlemen,   which   nomination 
was  unanimously  confirmed  by  the  Association : 
President — Hon.  R.  DE  TREVILLE. 
Vice -Presidents — Capt.  JOHNTRIPP,  EDMUND 
RHETT,  J.  D.  GUERARD,  Esqs. 

Recording  Secretary — CHARLES  E.  BELL,  Esq., 
Corresponding  Secretaries — WM.  H.  TRESCOT, 
Jos.  D.  POPE,  Esqs. 

Treasurer — JOHN  M.  BAKER. 
The  President  then -appointed  the  Council  of 
Safety,  which  consisted  of  the  following  gentle 
men: 

For  St.  Helena  Island.  For  Beaufort. 

Joseph  D.  Ediiigs,  George  P.  EHiott, 

Daniel  Jenkins,  Joseph  Hazel, 

Edgar  Fripp,  John  G.  Barnwell, 

W.  0.  P.  Fripp,  F.  F.  Sams, 

Dr.  J.  A.  P.  Scott,  B.  J.  Johnson, 

Dr.  W.  J.  Jenkins.  W.  H.  Cuthbert, 

T.  G.  Barnwell, 
A.  M.  N.  Cunningham, 
Dr.  Jno.  A.  Johnson. 

There  being  no  other  business,  the  meeting  ad- 
journed.  C.  E.  BELL, 

Secretary. 

Monday,  October  24, 1851. 

An  extra  meeting  of  the  St.  Helena  Parish 
S.  R.  Association,  was  held  this  day,  and  a  very 
full  meeting  was  convened  in  the  Market  House. 
The  Hon.  R.  de  Treville,  President,  in  the  chair, 
called  the  meeting  to  order,  and  in  the  absence  of 
Charles  E.  Bell,  Esq.,  Secretary,  D.  L.  Thompson 
was  requested  to  act  in  his  place. 

The  President  briefly  stated  the  object  of  the 
meeting,  when  Edmund  Rhett,  Esq.,  offered  as 
follows,  namely : 

Resolved,  That  this  Association  do  send  dele 
gates  to  the  Central  Southern  R.  Convention,  to 
be  held  in  Columbia,  on  the  first  Monday  in  No 
vember  next. 

Capt.  Edward  Barnwell,  in  seconding  this  reso 
lution,  made  a  few  appropriate  remarks,  giving 
his  reasons  for  supporting  Mr.  Pope  ;  Mr.  Rhett 
and  Mr.  Chisolm  addressed  the  meeting  in  refer 
ence  to  the  foregoing  resolution,  which  was  then 
put  to  vote  and  carried,  and  the  following  dele 
gates  acccordingly  appointed,  namely :  Capt.  E. 
Barnwell,  Edmund  Rhett,  Wm.  H.  Trescot,  and 
Robert  Chisolm.  William  Henry  Trescot,  Esq., 
offered  a  preamble  and  resolutions,  which  were 
seconded  by  Joseph  Daniel  Pope,  Esq.,  and  unan 
imously  agreed  to,  as  follows : 

The  Southern  Rights  Association  of  St.  Helena 
Parish  have  learned,  with  deep  mortification,  the 
result  of  the  late  election  in  the  State.  They  feel 
that  the  safety  of  Carolina  is  perilled  and  the  honor 
of  Carolina  compromised.  Conscious  that,  in  com 
mon  with  the  minority  of  the  State,  they  have 
striven  to  make  good  the  resolution  avowed  but 
a  few  months  back  by  the  indignant  enthusiasm 
of  what  seemed  to  be  an  united  people,  they  ac 
knowledge,  with  an  open  and  manly  grief,  the  de- 


202 


REBELLION  RECORD,  1860-61. 


feat  which  no  action  of  theirs  could  have  prevent 
ed,  and  no  weakness  of  theirs  has  deserved.  Un 
taught  even  now  to  submit,  they  will,  at  least, 
learn  to  endure.  But  they  will  hope  that  this 
bitter  endurance  is  not  destined  to  last  forever. 
The  incongruous  alliance  which  won  the  victory, 
will  scarcely  regulate  its  results  in  peace.  Al 
ready  has  the  Greenville  Patriot,  the  representa 
tive  press  of  a  cooperation  majority  of  over  three 
thousand,  in  language  characterized  by  the  Na 
tional  Intelligencer  as  "  Truth,  fitly  and  bravely 
spoken,"  declared  "  it  is  high  time  for  the  coope- 
rationists,  while  fighting  secession  and  knowing 
that  it  will  bring  down  on  the  State  nothing  but 
disaster,  ruin,  and  dishonor,  to  close  their  ex 
aggerated  misrepresentations  of  the  oppressions 
of  the  Federal  Government.  They  cannot,  at  the 
same  time,  go  with  the  secessionists  and  beyond 
the  secessionists  in  depicting  the  pretended  misery 
and  degradation  of  the  people  of  South-Carolina, 
and  then  ask  them  to  be  quiet  and  submit  to  it 
till  other  States  come  to  their  aid,  who  have  al 
ready  declared,  by  overwhelming  majorities,  that 
they  never  will  come  under  existing  circumstan 
ces.  These  pictures  of  our  wrongs  are  untrue, 
and  everywhere  out  of  South-Carolina  they  have 
been  pronounced  untrue  by  the  Southern  people." 
Nay,  this  wing  of  the  cooperation  party  goes  even 
further,  and,  as  if  to  force  upon  attention  the  con 
sistency  of  their  action  with  Cheves,  and  Barn- 
well,  and  Butler,  exclaims  :  "  We  are  a  happy 
and  prosperous  people,  and  feel  no  tyranny  or 
oppression."  Time  will  very  soon  determine  which 
is  the  predominating  influence  in  the  cooperation 
party  of  South-Carolina,  and  when  the  State  has 
discovered  her  real  foes,  she  will  not  be  long  in 
finding  her  true  friends.  In  the  mean  time,  be  it 

Resolved,  That  as  the  recent  election  has  placed 
the  character  and  interests  of  the  State  in  the 
hands  of  the  cooperation  party,  we  earnestly 
pray  that  this  solemn  responsibility  be  accepted 
and  discharged  in  a  spirit  of  earnest  and  undivid 
ed  devotion  to  our  beloved  State. 

Resolved,  That,  ignorant  as  we  are  necessarily 
of  any  system  of  policy  on  the  part  of  the  co- 
operationists,  we  will  yet  never  desert  the  State 
in  any  contest  she  may  commence ;  and  we  pledge 
ourselves  to  her  support  in  any  forward  step  she 
may  take  in  the  redress  of  wrongs  of  which  she 
has  not  ceased  to  complain,  and  the  maintenance 
of  rights  which  she  has  not  ceased  to  claim. 

The  following  resolution  was  offered  by  Joseph 
Daniel  Pope,  Esq.,  and  unanimously  adopted : 

Resolved,  That  the  preamble  and  resolutions 
just  adopted,  be  presented  by  our  delegates  to 
the  Convention  of  Associations  to  meet  in  Colum 
bia,  on  the  first  Monday  in  November  next,  as  an 
expression  of  opinion  by  the  Southern  Rights  As 
sociation  of  St.  Helena  Parish. 

On  motion,  it  was  ordered  that  the  proceedings 
of  the  present  meeting  be  published  in  The  Charles 
ton  Mercury  and  South- Carolinian. 

There  being  no  other  business  before  the  Asso 
ciation,  the  meeting  was  adjourned. 

D.  L.  THOMSON, 

Secretary  pro  tern. 


The  following  are  the  names  signed  to  the 
Original  Constitution  of  the  Southern  Rights  As 
sociation  of  St.  Helena  Parish : 

J.  A.  P.  Scott,  W.  A.  Chaplin, 

E.  M.  Capers,  William  Fuller,  Jr., 

C.  B.  Capers,  William  Adams, 
W.  0.  T.  Fripp,  George  B.  Cuthbert, 
Charley  E.  Bell,  John  S.  Barnwell, 
Joseph  J.  Pope,  Sen.,  James  S.  Perry, 
David  McElheran,  B.  J.  Johnson, 
Frank  Sams,  H.  C.  Pantiss, 
Robert  de  Treville,  A.  H.  Seabrook, 
Richard  de  Treville,  P.  Hamilton, 
John  H.  Webb,  Joseph  R.  Walker, 
John  G.  Barnwell,  Saxby  Chaplin, 
William  H.  Trescot,  C.  Barnwell, 
James  T.  E.  Fripp,  Isaac  Haskell, 
William  T.  Jones,  A.  H.  McTureous, 
John  J.  Smith,  J.  W.  McTureous, 

D.  L.  Thomson,  Benjamin  M.  McTureous, 
John  Fripp,  Thomas  B.  Fripp, 

John  M.  Baker,  John  E.  Fripp, 

John  Milne,  Joseph  J.  Chaplin, 

William  A.  Morcock,  Richard  Chaplin, 

M.  T.  Chaplin,  J.  W.  Patterson, 

Thomas  G.  Barnwell,  J.  S.  Oswald, 

J.  J.  Guerard,  Horace  H.  Sams, 

B.  R.  Bythewood,  Joseph  J.  Porter, 

D.  D.  Cox,  A.  McNair  Cunningham, 

Peter  Brunson,  George  P.  Elliott, 

J.  N.  Vendier,  J.  F.  Johnson, 

B.  W.  Roman,  Edward  Barnwell, 

John  F.  Chaplin,  D.  B.  Patterson, 

Thomas  0.  Barnwell,  W.  I.  Jenkins, 

A.  S.  Cardwell,  Joseph  Guerard, 

Samuel  Prioleau,  M.  M.  Zealy, 

W.  J.  Bythewood,  James  Fripp, 

Robert  Chisolm,  R.  Randolph  S»ms, 

William  T.  Potter,  J.  E.  L.  Fripp 

Henry  McKee,  M.  B.  Sams, 

Edward  Fripp,  C.  B.  Kirk, 

Andrew  Johnson,  John  F.  Portetyis, 

Stephen  G.  Ellis,  William  Fripp,  Jr., 

Charles  Morgan,  W.  J.  Grayson,  Jr., 

Thaddeus  S.  Torn,  Abrm.  Cockwright, 

John  A.  Johnson,  J.  D.  Guerard, 

H.  E.  Bold,  John  F.  Chaplin,  Jr., 

Joseph  J.  Barnett,  Alexander  R.  Norton, 

Thomas  F.  Rhodes,  David  Wilson, 

J.  T.  Harvey,  Thomas  N.  Slawson, 

John  Bell,  R.  R.  Sams,  signed  already., 

Edgar  Fripp,  L.  Cuthbert, 

James  J.  Chisolm,  T.  W.  Hazel, 

Joseph  Daniel  Pope,  Stephen  Elliott,  Jr., 

W.  W.  Fripp,  Charles  G.  Capers, 

James  S.  Perryclear,  Middleton  Stuart, 

Daniel  Jenkins,  John  E.  Poyaa, 

William  H.  Cuthbert,  W.  J.  Albergoth, 

T.  A.  Bell,  Bretandieure,  dead, 

Daniel  P.  Jenkins,  Thomas  R.  S.  Elliott, 

William  E.  Perryclear,  Haskell  S.  Rhett, 

Joseph  Hozell,  Rev.  C.  0.  Lamoter, 

John  A.  Stuart,  W.  Wright  Elliott, 

John  J.  Rhodes,  William  J.  de  Treville, 

Thomas  S.  Baynard,  James  S.  Perry, 

Stanhope  A.  Sams,  John  H.  McKee, 

R.  W.  Rhodes,  William  Adams, 

Lewis  A.  Johnson,  Benjamin  Adams, 

Edmund  Rhett,  Thomas  B.  Chaplin, 

J.  F.  Bythewood,  Arthur  S.  Gibbea. 

T.  H.  Spann,  — N.  T. 


DOCUMENTS. 


203 


Doc.  32. 
SPEECH  OF  CARL  SCHURZ 

AT  COOPER  INSTITUTE,  N.  Y.,  MARCH  6,  1862. 

I  HAVE  not  come  here  to  plead  the  cause  of  a 
party,  for  in  looking  around  me,  I  become  doubt 
ful  whether  I  belong  to  any ;  nor  with  a  desire 
to  gain  the  favor  of  those  in  power,  for  in  this 
respect  I  have  nothing  to  gain  and  much  to 
lose ;  nor  to  flatter  the  multitude,  for  I  know 
well  that  much  of  what  I  am  going  to  say  will 
expose  me  to  acrimonious  obloquy  and  vitupera 
tion  ;  nor  do  I  even  think  that  the  remarks  I 
am  going  to  make  will  exactly  fit  the  line  of 
argument  followed  in  the  resolutions  presented 
to  your  consideration.  I  mean  to  speak  the 
truth  as  I  understand  it ;  I  shall  give  you  my 
own  ideas,  such  as  they  are.  I  have  travelled 
far  to  obtain  this  audience  of  the  people,  for 
your  invitation  encountered  my  desire;  and 
shunned  no  inconvenience,  sacrifice,  or  respon 
sibility.  So  you  may  conclude  that  I  am  in 
earnest.  Of  you  I  ask  to  lay  aside  to-night 
your  party  prejudices  and  passions;  for  this 
hour  let  your  preconceived  opinions  be  silent. 
I  shall  speak  to  you  from  the  very  depth  of  my 
profoundest  convictions;  listen  to  me  as  one 
sincere  patriot  will  listen  to  another.  [Cheering.] 

Many  of  us  will  have  to  confess  that  the  pres 
ent  state  of  things  is  contrary  to  their  first  anti 
cipations.  Eighteen  months  ago  we  did  not 
expect  that  the  people  of  the  South  would  be  so 
ready  to  rush  into  the  suicidal  course  of  open 
rebellion ;  nor  did  the  people  of  the  South,  when 
they  took  the  fatal  step,  expect  that  the  people 
of  the  North  would  resist  the  treasonable  at 
tempt  with  so  much  determination  and  una 
nimity.  In  this  respect  the  calculations  of  lead 
ing  men  on  both  sides  proved  erroneous.  But 
this  lies  behind  us,  and  we  have  to  deal  with 
the  nature  and  exigencies  of  the  actual  situation 
as  it  is.  We  are  in  open  civil  war.  A  numerous 
population,  holding  a  very  large  portion  of  our 
country,  is  in  arms  against  the  Government ;  the 
rebellion  against  the  constitutionally  established 
authorities  is  organized  on  the  largest  scale. 
The  avowed  aim  and  object  is  to  disrupt  the 
union  of  these  States,  and  to  secure  for  the 
people  of  some  of  them  a  separate  national  ex 
istence.  The  first  steps  taken  in  that  direction 
were  successful ;  a  separate  Government,  claim 
ing  to  be  independent  of  the  Union,  was  estab 
lished;  it  now  defends  itself  with  armed  force 
against  the  lawful  authorities  of  this  Republic. 

This  is,  in  a  few  words,  the  actual  situation 
of  things.  It  presents  us  a  twofold  problem  : 
first,  to  put  down  the  rebels  in  arms,  and  then 
to  restore  the  Union.  The  first  is  a  military 
problem,  the  second  a  political  one.  They  are, 
in  my  opinion,  so  distinct  from  each  other  that 
I  can  well  conceive  how  the  first  can  be  success 
fully  solved,  and  how,  at  the  same  time,  in 
attempting  to  solve  the  second,  we  can  com 
pletely  fail.  As  to  the  first,  I  will  say  but  little. 
After  serious  disasters  and  a  long  period  spent 


in  preparation,  our  brave  armies  have  achieved 
great  successes,  which  by  some  are  considered 
finally  decisive.  I  have  heard  it  said  that  the 
war  is  practically  ended.  I  must  confess,  I  am 
not  of  that  opinion  ;  but  although  I  might  en 
deavor  to  show  you  that  the  rebels,  however 
severely  pressed  at  the  present  moment,  have 
an  immense  country  to  fall  back  upon,  in  which 
their  armies,  if  they  succeed  in  escaping  from 
the  Border  States,  may  prolong  the  struggle  for 
a  considerable  period ;  that  difficulties  of  which 
at  present  we  form  no  adequate  idea  await  our 
victorious  columns  as  they  advance  upon  the 
soil  of  the  enemy  ;  that  this  prolongation  of  the 
war  may  bring  great  embarrassments  upon  us, 
financial  distress,  and,  in  case  of  a  serious  re 
verse  to  our  arms,  even  difficulties  with  foreign 
Powers,  and  that,  in  such  an  emergency,  all  the 
energy  and  patriotism  which  live  in  this  Amer 
ican  people  will  be  put  to  the  severest  test — 
although  I  might  show  you  all  this,  and  warn 
you  not  to  abandon  yourselves  too  securely  to 
deceitful  illusions,  yet  I  will  drop  this  subject. 
It  would,  perhaps,  be  useless  in  this  hour  of 
triumph  to  speak  of  apprehensions  which,  in 
deed,  may  and  may  not  be  justified  by  coming 
events.  I  am  willing  to  suppose  for  the  present, 
that  fortune  will  smile  upon  us  as  constantly  as 
many  seem  to  anticipate,  and  that  a  speedy  and 
complete  military  success  will  be  gained,  even 
if  we  confine  ourselves  strictly  to  the  ordinary 
means  of  warfare.  But  the  nearer  we  approach 
this  end,  the  greater  are  the  proportions  to 
which  rises  before  my  mind  the  other  problem 
which  this  very  victory  thrusts  upon  us.  To  a 
despotic  government,  the  suppression  of  a  rebel 
lion  and  the  reestablishment  of  the  old  order 
of  things  are  one  and  the  same.  It  sends  its 
armies  into  the  field,  it  beats  the  insurgents, 
disperses  them,  captures  them,  forces  them  to 
lay  down  their  arms :  now  the  military  power 
of  the  rebellion  is  crushed,  and  the  second  part 
of  the  task  begins,  which  consists  in  maintain 
ing  the  authority  so  established.  The  despotic 
government  prevents  and  suppresses  the  utter 
ance  of  every  adverse  opinion ;  it  executes 
or  imprisons  every  refractory  individual;  it 
encounters  by  summary  proceedings  every  hos 
tile  intention,  and  while  establishing  by  a  system 
of  constant  and  energetic  pressure  a  state  of 
general  and  complete  submission,  it  restores 
at  the  same  time  the  condition  of  things  origi 
nally  existing  before  the  rebellion  broke  out.  It 
can  do  all  this  without  changing  its  attributes 
in  the  least,  for  the  means  it  uses  for  suppressing 
the  rebellion,  and  afterward  for  crushing  out 
the  rebellious  spirit,  are  in  perfect  consonance 
with  the  fundamental  principles  upon  which  its 
whole  system  of  policy  rests.  It  is  the  rule  of 
absolute  authority  and  force  on  one  side,  and 
absolute  submission  to  this  rule  on  the  other. 
The  same  agencies  which  put  down  the  rebel 
lion,  the  same  operate  in  maintaining  the  re 
established  authority,  and  all  this  in  perfect 
keeping  with  the  original  nature  of  the  whole 
political  system. 


204 


REBELLION  RECORD,  1860-61. 


But  our  case  is  widely  different.  Our  system 
of  government  does  not  rest  upon  the  submis 
sion  of  the  people,  but  upon  the  free  and  inde 
pendent  cooperation  of  the  individual.  We 
have  indeed  a  supreme  authority,  but  this  au 
thority  proceeds  directly  from  the  people,  and 
works  through  the  people.  Our  Government 
may  indeed  suppress  a  rebellion  by  force ;  but,  in 
order  to  restore  the  working  of  the  original 
agencies  upon  which  it  rests,  it  is  obliged  to 
restore  the  individual  to  his  original  scope  of 
self-action.  If  it  attempted,  after  having  sup 
pressed  a  rebellion,  to  maintain  its  authority 
permanently  by  the  same  means  by  which  it 
reestablished  it ;  that  is  to  say,  by  a  constant 
and  energetic  pressure  of  force,  it  would  not 
restore  the  old  order  of  things,  but  completely 
subvert  its  original  basis;  for  the  means  by 
which  it  was  obliged  to  suppress  the  rebellion 
are  in  direct  contradiction  to  the  fundamental 
principles  of  our  Government.  In  order  to 
restore  these  principles  to  life,  the  Government 
is  obliged  to  trust  its  authority  to  the  loyal 
action  of  the  people.  There  is  the  embarrass 
ment  which  a  rebellion  in  a  democratic  republic 
will  necessarily  produce.  What  does  it  mean, 
the  restoration  of  the  Union?  It  means  the 
restoration  of  individual  liberty  in  all  its  parts, 
and  of  that  ramification  of  political  power  in 
which  self-government  consists.  If  it  meant 
any  thing  else,  if  it  meant  the  permanent  holding 
in  subjection  of  conquered  provinces,  if  it  meant 
the  rule  of  force,  if  it  meant  the  subversion  of 
those  principles  of  individual  liberty  which  are 
the  breath  of  our  political  life,  would  it  then 
not  be  best  to  let  the  rebels  go  ?  Would  it  not 
be  preferable  to  be  content  with  the  modest 
proportions  to  which  the  development  of  things 
has  reduced  us,  to  foster  the  principles  and  in 
stitutions  which  have  made  this  people  great 
and  happy  for  so  long  a  time  with  conscientious 
care,  and  to  trust  to  the  expansive  power  of 
liberty  to  restore  this  Republic  in  some  more  or 
less  remote  future  to  its  former  measure  of 
greatness? 

And  yet,  looking  at  things  as  they  are,  how 
can  we  expect  to  restore  the  Union  but  by  the 
rule  of  force — that  is  to  say,  by  a  military  oc 
cupation  of  the  rebel  States?  But  you  will 
tell  me  that  this  will  not  last  long.  Well,  and 
what  will  determine  this  period?  The  disap 
pearance  of  the  rebellious  spirit;  the  return  of 
sincere  loyalty.  But  when  and  how  will  the 
rebellious  spirit  cease  and  loyalty  return  ?  True, 
if  this  rebellion  were  nothing  but  a  mere  mo 
mentary  whim  of  the  popular  rnind,  if  its  causes 
could  be  obliterated  by  one  of  those  sudden 
changes  in  popular  opinion,  which,  in  matters 
of  minor  importance,  occur  so  frequently  with 
our  impressionable  people,  then  a  short  military 
occupation  might  answer,  and  pass  over  with 
out  any  serious  effect  upon  our  future  develop 
ment.  But  is  it  this?  Look  the  fact  square  in 
the  face.  This  rebellion  is  not  a  mere  momen 
tary  whim,  and  although  but  a  few  men  seem 
to  have  prepared  its  outbreak,  it  is  not  the  mere 


upshot  of  a  limited  conspiracy.  It  is  a  thing  of 
long  preparation  ;  nay,  more  than  that :  it  is  a 
thing  of  logical  development.  This  rebellion 
did  not  commence  on  the  day  that  the  secession 
flag  was  hoisted  at  Charleston ;  it  commenced 
on  the  day  when  the  slave  power  for  the  first 
time  threatened  to  break  up  this  Union.  [Ap 
plause.] 

Slavery  had  produced  an  organization  of  so 
ciety  strongly  in  contradistinction  with  the 
principles  underlying  our  system  of  government 
— the  absolute  rule  of  a  superior  class,  based 
upon  the  absolute  subjection  of  the  laboring 
population.  This  institution,  continually  strug 
gling  against  the  vital  ideas  of  our  political  life, 
and  incompatible  with  a  free  expression  of  pub 
lic  opinion,  found  itself  placed  in  the  alternative 
of  absolutely  ruling  or  perishing.  Hence  our 
long  struggles,  so  often  allayed  by  temporary 
expedients,  but  always  renewed  with  increased 
acrimony.  And  as  soon  as  the  slave  interest 
perceived  that  it  could  no  longer  rule  inside  of 
the  Union,  it  attempted  to  cut  loose  and  to  exer 
cise  its  undisputed  sway  outside  of  it.  This  was 
logical;  and  as  long  as  the  relation  of  interests 
and  necessities  remains  the  same,  its  logical  con 
sequences  will  remain  the  same  also.  This  is 
not  a  matter  of  doctrine  or  party  creed,  but  of 
history.  Nobody  can  shut  his  eyes  against  so 
plain  and  palpable  a  fact.  How  is  it  possible 
to  mistake  the  origin  of  this  struggle  ?  I  ask 
you,  in  all  sincerity,  Would  the  rebellion  have 
broken  out,  if  slavery  had  not  existed?  ["  iVo, 
no,  no."]  Did  the  rebellion  raise  its  head  at 
any  place  where  slavery  did  not  exist?  Did  it 
not  find  sympathy  and  support  wherever  slavery 
did  exist  ?  [u  Yes,  yes,  yes."]  Is  anybody  in 
arms  against  the  Union  but  who  desires  to  per 
petuate  slavery?  What  else  is  this  rebellion 
but  a  new  but  logical  form  of  the  old  struggle 
of  the  slave  interest  against  the  fundamental 
principles  of  our  political  system  ?  Do  not  in 
dulge  in  the  delusion  that  you  can  put  an  end 
to  this  struggle  by  a  mere  victory  in  the  field. 
By  it  you  may  quench  the  physical  power  of 
the  slave  interest,  but  you  cannot  stifle  its 
aspirations.  The  slave  interest  was  disloyal  as 
long  as  it  threatened  the  dissolution  of  the 
Union ;  it  will  be  disloyal  as  long  as  it  will  de 
sire  it.  [Cheers.] 

And  when  will  it  cease  to  desire  it?  It  may 
for  a  time  sullenly  submit  to  the  power  of  the 
Union,  but  it  will  not  enter  into  harmonious 
cooperation  with  you,  as  long  as  it  has  aspira 
tions  of  its  own.  But  to  give  up  its  aspirations 
would  be  to  give  up  its  existence;  it  will  there 
fore  not  cease  to  aspire  until  it  ceases  to  live. 
[Applause.]  Your  President  has  said  it  once, 
and  there  is  far-seeing  wisdom  in  the  expres 
sion  :  This  country  will  have  no  rest  until  sla 
very  is  put  upon  the  course  of  ultimate  extinc 
tion.  [Great  and  continued  applause.]  But  if 
the  slave  interest,  as  such,  cannot  return  with 
cordial  sincerity  to  its  allegiance,  where  will 
the  suppression  of  this  rebellion  lead  us  ?  Mark 
my  words :  Not  only  is  the  South  in  a  state  of 


DOCUMENTS. 


205 


rebellion,  but  the  whole  Union  is  in.  a  state  of 
revolution.  This  revolution  will  produce  one 
of  three  things :  either  complete  submission  of 
the  whole  people  to  the  despotic  demands  of 
the  slave  interest,  or  a  radical  change  in  our 
Federal  institutions,  that  is  to  say,  the  establish 
ment  of  a  strong,  consolidated,  central  govern 
ment,  or  such  a  reform  of  Southern  society  as 
will  make  loyalty  to  the  Union  its  natural  tem 
per  and  disposition.  [Cheers.]  The  old  Union, 
as  we  have  known  it,  is  already  gone ;  you  can 
not  restore  it ;  geographically — yes ;  but  politi 
cally  and  morally,  never.  [Applause.]  And 
if  Jefferson  Davis  would  come  to-morrow  and 
give  up  his  sword  to  President  Lincoln,  and  all 
the  rebel  armies  were  captured  in  one  day,  and 
forced  to  do  penance  in  sackcloth  and  ashes  at 
the  foot  of  Capitol  Hill,  the  old  Union  would 
not  be  restored.  [Cheers.]  That  circle  of  ideas 
in  which  the  political  transactions  of  the  old 
Union  moved  is  forever  broken.  [Sensation.] 
It  cannot  be  restored.  The  mutual  confidence 
on  which  the  political  transactions  of  the  old 
Union  rested  has  been  discovered  to  be  illusory ; 
it  is  irretrievably  gone.  [Applause.] 

I  repeat,  either  you  will  submit  to  the  South, 
or  you  will  rule  the  South  by  the  force  of  a 
strong,  central  government,  or  Southern  society 
must  be  so  reformed  that  the  Union  can  safely 
trust  itself  to  its  loyalty.  Submit  to  the  rebel 
lious  South !  Submit  after  a  victory  !  ["  No,  no, 
no"]  You  will  tell  me  that  this  is  impossible. 
Is  it,  indeed?  There  are  those  in  the  South 
who  have  fought  and  will  fight  the  Union  as 
long  as  the  rebellion  has  a  chance  of  success, 
who  will  apparently  come  over  to  our  side  as 
soon  as  our  victory  is  decided,  and  who  will 
then  claim  the  right  to  control  our  policy. 
["  Thatfs  it."]  And  there  are  those  in  the  North, 
who,  either  actuated  by  party  spirit,  or  misled 
by  shortsightedness,  stand  ready  to  cooperate 
with  the  former.  [Sensatio?i.]  The  attempt 
will  be  made — whether  it  will  succeed — who 
knows?  But  if  it  does  succeed,  it  will  lead  to 
new  struggles  ["John  Brown"]  more  acrimo 
nious,  dangerous,  and  destructive  in  their  nature, 
but  also  more  radical  and  permanent  in  their 
result.  [Cheers,  "  That's  ft."] 

The  second  possibility  I  indicated  is  the  es 
tablishment  of  a  strong,  consolidated,  central 
government.  Look  at  the  course  you  have 
taken  since  the  outbreak  of  the  rebellion.  It 
was  natural  that,  when  the  necessity  of  vigorous 
action  pressed  upon  us,  the  Government  was 
clothed  with  extraordinary  powers.  As  its 
duties  and  responsibilities  increased,  its  hands 
had  to  be  strengthened.  But  it  might  indeed 
have  been  expected  that  the  people  as  well  as 
Government  would  treat  with  scrupulous  re 
spect  those  fundamental  guarantees  of  our  rights 
and  liberties,  the  achievement  or  the  preserva 
tion  of  which  was  so  often  in  the  history  of 
the  world  bought  at  the  price  of  bloody  rev 
olutions.  Outside  of  this  Republic,  and,  I  have 
no  doubt,  inside  of  it  also,- it  was  remarked  with 
some  surprise,  that  the  writ  of  habeas  corpus, 
SUP.  Doc.  13 


the  liberty  of  the  press,  the  authority  of  the 
civil  courts  of  justice,  were  in  some  cases  rather 
cavalierly  dealt  with.  How  easily  it  is  forgotten 
that  you  cannot  permit  another's  rights  to  be 
infringed  without  paving  the  way  for  a  viola 
tion  of  your  own !  I  do  not  mean  to  exaggerate 
the  importance  of  these  occurrences.  I  can 
well  understand  the  violence  of  popular  resent 
ment,  as  well  as  the  urgent  necessities  pressing 
upon  those  who  stood  at  the  helm.  But  I  most 
earnestly  warn  you  that  a  condition  of  things 
producing  such  necessities  must  not  last  too 
long,  lest  it  create  bad  habits  [applause] — the 
habit  of  disregarding  these  fundamental  rights 
on  one  side,  and  the  habit  of  permitting  them 
to  be  violated  on  the  other.  In  my  opinion,  the 
manner  of  treating  its  enemies  is  the  true  test 
of  the  tendency  of  a  government.  It  may  be 
questionable  whether  we  can  afford  to  suppress 
a  rebellion  in  the  same  way  and  with  the  same 
means  in  and  with  which  the  King  of  Naples  was 
in  the  habit  of  suppressing  it;  but  it  is  cer 
tain  that  we  can  not  afford  to  imitate  him  in 
his  manner  of  maintaining  the  reestablished 
authority  of  the  Government.  [Cheers.] 

But  now  look  at  the  task  before  you.  I  am 
willing  to  suppose  that  the  rebel  armies  will  be 
beaten  and  dispersed  with  greater  ease  and  fa 
cility  than  I  at  present  deem  it  possible.  Then 
the  spirit  of  disloyalty  must  be  extinguished, 
the  source  of  the  mischief  must  be  stopped. 
This  cannot  be  done  by  strategic  movements 
and  success  in  battle.  How  then  is  it  to  be 
done?  Take  the  State  of  South  Carolina:  you 
beat  the  rebels  defending  its  soil,  and  occupy 
the  whole  State  with  your  troops.  Armed  re 
sistance  to  the  authority  of  the  United  States 
becomes  impossible,  but  you  want  to  restore 
the  active  cooperation  of  the  people  of  South 
Carolina  in  the  Government  of  the  United  States, 
without  which  the  restoration  of  the  old  order 
of  things  is  impossible.  Now,  you  either  call 
upon  the  people  of  South  Carolina  to  elect  new 
State  authorities  of  their  own,  or  you  impose 
upon  them  a  Provisional  Government,  appoint 
ed  by  the  President  at  Washington.  In  the 
first  case,  the  people  of  South  Carolina — a  large 
majority  of  whom  are  disjoyal,  and  those  who 
are  not  disloyal,  are  not  loyal  either,  [applause,] 
and  to  a  certain  extent,  seem  to  be  incorrigible 
— are  most  likely  to  elect  a  new  set  of  seces 
sionists  to  office.  It  will  be  a  re-organization 
of  treason  and  conspiracy;  for  you  must  know 
that  conspiracies  do  not  only  precede  rebellions, 
but  also  follow  unsuccessful  ones.  The  new 
State  Government  is  at  once  in  conflict  with 
the  Federal  authorities.  The  latter  find  them 
selves  counteracted  and  clogged  in  every  imagi 
nable  way ;  and  after  a  series  of  unsuccessful 
attempts  to  secure  a  cordial  and  trustworthy 
cooperation,  after  a  season  of  tiresome  and  fruit 
less  wrangles,  they  find  themselves  obliged  to 
resort  to  sterner  measures ;  then  forcible  sup 
pression  of  every  combination  hostile  to  the 
Union  ;  close  surveillance  of  press  and  speech, 
martial  law  where  the  civil  tribunals  are  found 


206 


REBELLION  RECORD,  1860-61. 


insufficient ;  in  one  word,  a  steady  and  energetic 
pressure  of  force,  by  which  the  Federal  Govern 
ment  overrules  and  coerces  the  refractory  State 
authorities.  You  will  see  at  once,  that  if  this 
pressure  be  not  strong  enough,  it  will  not  fur 
nish  the  Government  of  the  United  States  the 
necessary  guarantees  of  peace  and  security ;  and 
if  it  be  "strong  enough  to  do  that,  it  will  not 
leave  to  the  State  Government  that  freedom  of 
action  upon  which  our  whole  political  fabric  is 
based.  Or  you  follow  the  other  course  I  indi 
cated—institute  provisional  governments  by 
appointment  from  the  President,  in  a  manner 
similar  to  that  in  which  territories  are  organ 
ized.  Then  the  General  Government  enters 
into  immediate  relation  with  the  people  of  the 
rebellious  district.  While  it  leaves  to  the  peo 
ple  the  election  of  the  Territorial  Legislature, 
if  I  may  call  it  so,  it  controls  the  action  of  that 
Legislature  by  the  veto  of  the  Executive,  and 
the  rulings  of  the  Judiciary  in  a  regular  and 
organic  way.  Thus  mischief  may  be  prevented, 
the  execution  of  the  laws  secured,  and  the  su 
premacy  of  the  General  Government  maintained 
by  the  Government's  own  agents,  until  the 
States  can  be  reorganized  with  safety  to  the 
Union.  This  plan  may  be  preferable  to  the 
other,  inasmuch  as  it  will  prevent  the  continua 
tion  of  rebellious  intrigues,  and  facilitate  the 
repression  and  punishment  of  disloyal  practices 
without  a  conflict  with  lawfully  instituted  au 
thorities;  but  it  is  evident  that  such  a  condition 
of  things  cannot  last  long  without  essentially 
changing  the  nature  of  our  general  system  of 
government.  In  either  case,  it  will  be  the  rule 
of  force,  modified  by  circumstances,  ready  to 
respect  individual  rights  wherever  submission 
is  complete,  and  to  overrule  them  wherever  ne 
cessity  may  require  it. 

Do  not  say  that  these  things  are  less  danger 
ous  because  they  are  done  with  the  assent  of 
the  majority ;  for  the  assent  of  the  people  to  a 
consolidation  of  power,  is  the  first  step  toward 
subversion  of  liberty.  [Applause.]  But  is  in 
deed  this  Government,  in  struggling  against 
rebellion,  in  reestablishing  its  authority,  re 
duced  to  a  policy  which  would  nearly  obliterate 
the  line  separating  Democracy  from  Absolutism  ? 
Is  it  really  unable  to  stand  this  test  of  its  char 
acter  ?  For  this  is  the  true  test  of  the  experi 
ment.  If  our  democratic  institutions  pass  this 
crisis  unimpaired,  they  will  be  stronger  than 
ever  ;  if  not,  the  decline  will  be  rapid  and  irre 
mediable.  But  can  they  pass  it  unimpaired  ? 
Yes.  This  Republic  has  her  destiny  in  her 
hands.  She  may  transform  her  greatest  danger 
and  distress  into  the  greatest  triumph  of  her 
principles.  [Cheering.]  There  would  have 
been  no  rebellion,  had  there  not  been  a  despotic 
interest  incompatible  with  the  spirit  of  her  dem 
ocratic  institutions,  [cheers]  and  she  has  the 
glorious  and  inestimable  privilege  of  suppress 
ing  this  rebellion,  by  enlarging  liberty  instead 
of  restraining  it,  \great  cheering]  by  granting 
rights,  instead  of  violating  them.  ["  Good." 
Applause] 


I  shall  have  to  speak  of  Slavery,  and  I  wish 
you  would  clearly  understand  me.  I  am  an 
Anti-Slavery  man.  [Cheering]  All  the  moral 
impulses  of  my  heart  have  made  me  so,  and  all 
the  working  of  my  brain  has  confirmed  me  in 
my  faith.  [Loud  applause.  "Hear,  hear."] 
I  have  never  hesitated  to  plead  the  cause  of  the 
outraged  dignity  of  human  nature.  I  could  not 
do  otherwise;  and  whatever  point  of  argument 
I  might  gain  with  any  one,  if  I  denied  it,  I  would 
not  deny  it,  I  shall  never  deny  it.  ["  Good, 
good."  Applause]  And  yet,  it  is  not  my  life 
long  creed,  which  would  make  me  urge  the  de 
struction  of  Slavery  now.  As  an  Anti- Slavery 
man,  I  would  be  satisfied  with  the  effect  the 
course  of  events  is  already  producing  upon  Sla 
very.  When  formerly  I  argued  in  favor  of  its 
restriction,  I  knew  well  and  clearly,  that  as  soon 
as  the  supremacy  of  the  slave  interest  in  our 
political  life  was  destroyed,  the  very  life  of  Sla 
very  was  gone,  and  the  institution  would  grad 
ually  disappear.  For  many  reasons,  I  would 
have  preferred  this  gradual  and  peaceful  process. 
I  never  was  in  favor  of  precipitate  measures, 
where  a  quiet  and  steady  reform  was  within 
the  limits  of  practicability.  [Cheers]  But  the 
rebellion,  which  placed  Slavery  in  a  direct  prac 
tical  antagonism  with  the  institutions  most  dear 
to  us,  has  prodigiously  hastened  this  develop 
ment.  1  said  already,  that  I  do  not  deem  anoth 
er  victory  of  Slavery  over  the  National  con 
science  impossible ;  but  this  reaction  will  pro 
duce  new  struggles,  with  passions  more  fierce, 
with  resentments  more  acrimonious  and  reckless, 
and  dangerous  to  our  democratic  institutions, 
and  violent  in  their  nature  ;  but  as  to  Slavery, 
radical  and  conclusive  in  their  results.  [Ap* 
plause]  This  rebellion  Las  uprooted  the  very 
foundations  of  the  system,  and  Slavery  is  not 
far  from  its  death.  [Cheers.]  It  will  die,  and 
if  you  would,  you  could  not  prevent  it.  [Ap 
plause]  And  thus,  as  an  Anti-Slavery  man,  I 
might  wait  and  look  on  with  equanimity. 

But  what  I  do  not  want  to  see  is,  that  Slavery, 
in  this  death  struggle,  should  involve  the  best 
institutions  that  ever  made  a  ration  great  and 
happy.  It  shall  not  entangle  the  Union  in  its 
downfall,  and,  therefore,  the  Union  must  deliver 
itself  of  its  pernicious  embrace.  [Great  ap 
plause,  long  continued,  and  huzzas]  And  now 
listen  to  what  I  have  to  say  of  the  third  possible 
result  of  the  revolution  through  which  we  are 
passing,  the  only  result  which  will  restore  the 
Union,  and  save  the  spirit  of  its  democratic 
institutions.  The  ambition,  the  aspirations  of 
men,  grow  from  the  circumstances  in  which 
they  live.  As  these  circumstances  change,  these 
aspirations  will  take  a  corresponding  direction. 
A  slaveholding  population,  wedded  to  the  pecu- 
"iar  interests  of  their  peculiar  institutions,  will, 
n  their  aspirations  and  political  action,  be  gov 
erned  by  the  demands  of  those  interests.  If 
ihose  interests  are  incompatible  with  loyalty  to 
a  certain  established  form  of  government,  that 
copulation  will  be  disloyal  in  its  aspirations. 
Their  way  of  thinking,  their  logic,  their  imagi- 


DOCUMENTS. 


207 


nation,  their  habits,  are  so  affected  and  con 
trolled  by  their  circumstances,  that  as  long  as 
the  latter  remain  the  same,  the  former  are  not 
likely  to  change.  Imagine  this  slaveholding 
population  with  a  Union  army  on  their  soil. 
Their  forces  may  be  dispersed,  their  power  par 
alyzed,  but  their  former  aspirations,  although 
checked,  are  not  eradicated.  They  move  still 
in  the  same  circle  of  ideas,  and  not  only  their 
memories  of  the  past,  but  also  their  desires  for 
the  future,  are  still  centred  in  that  circle  which 
Slavery  has  drawn  around  them.  Is  not  the 
intention  and  desire,  mother  to  the  act?  You 
may  tell  me  that,  however  ardently  they  may 
long  for  a  dissolution,  their  experience  of  the 
present  rebellion  will  not  let  the  idea  of  at 
tempting  another  rebellion,  spring  up.  Are 
you  so  sure  of  this?  True,  they  will  not  repeat 
the  same  thing  in  the  same  way.  But  have 
you  never  thought  of  it,  that  this  Republic  may 
be  one  day  involved  in  difficulties  with  foreign 
powers,  and  that,  in  her  greatest  need,  the  dis 
loyalists  may  discover  another  opportunity? 
And  have  you  considered  what  our  foreign 
policy  will  be,  when  the  powers  of  the  earth 
know  that  we  harbor  an  enemy  within  our  own 
limits  ready  to  join  hands  with  them?  [Sensa 
tion.]  How  can  you  rely  upon  the  Southern 
people  unless  they  are  sincerely  loyal,  and  how 
can  they  be  sincerely  loyal  as  long  as  their  cir 
cumstances  are  such  as  to  make  disloyalty  the 
natural  condition  of  their  desires  and  aspira 
tions?  They  cannot  be  faithful  unless  their 
desires  and  aspirations  change.  And  how  can 
you  change  them  ?  By  opening  before  them 
new  prospects  and  a  new  future.  [Cheering.] 

Look  at  the  other  side  of  the  picture.  Im 
agine — and  I  suppose  it  is  not  treasonable  to 
imagine  such  a  thing — imagine  Slavery  were 
destroyed  in  consequence  of  this  rebellion. 
Slavery,  once  destroyed,  can  never  be  restored. 
[Applause.]  A  reaction  in  this  respect  is  abso 
lutely  impossible,  so  evidently  impossible  that 
it  will  not  even  be  attempted.  Slavery  is  like  an 
egg — once  broken,  it  can  never  be  repaired. 
[Cheering.]  Even  the  wildest,  fanatic  will  see 
this.  However  ardent  a  devotee  of  Slavery  a 
man  may  be,  Slavery  once  destroyed,  he  will 
see  that  it  is  useless  to  brood  over  a  past  which 
is  definitively  gone,  and  cannot  be  revived.  He 
will  find  himself  forced  to  direct  his  eyes  tow 
ard  the  future.  All  his  former  hopes  and  aspi 
rations  vanish ;  his  former  desires  are  left 
without  a  tangible  object.  Slavery  having 
no  future,  his  former  aspirations  and  desires, 
founded  upon  Slavery,  have  aone.  He  feels  the 
necessity  of  accommodating  himself  to  the  new 
order  of  things,  and  the  necessities  of  the 
present  will  make  him  think  of  the  necessities 
of  the  future.  Insensibly  his  mind  drifts  into 
plans  and  projects  for  coming  days,  and  insensi 
bly  he  has  based  these  plans  and  projects  upon 
the  new  order  of  things.  A  new  circle  of  ideas 
has  opened  itself  to  him,  and  however  reluc 
tantly  he  may  have  given  up  the  old  one,  he  is 
already  active  in  this  new  sphere.  And  this 


new  circle  of  ideas  being  one  which  moves  in 
the  atmosphere  of  free-labor  society,  new  in 
terests,  new  hopes,  new  aspirations  spring  up, 
which  closely  attach  themselves  to  the  political 
institutions,  with  which  in  this  country  free- 
labor  society  is  identified.  That  is  the  Union, 
based  upon  general  self-government.  Gradually 
the  reformed  man  will  understand  and  appre 
ciate  the  advantage  of  this  new  order  of  things, 
and  loyalty  will  become  as  natural  to  him,  as 
disloyalty  was  before. 

It  may  be  said,  that  the  arch-traitors,  the 
political  propagandists  of  Slavery,  can  never  bo 
made  loyal ;  that  their  rancor  aud  resentment 
will  be  implacable,  and  that  only  the  second 
generation  will  be  capable  of  a  complete  re 
form.  But  such  men  will  no  longer  be  the 
rulers  of  Southern  society ;  for  Southern  society 
being,  with  all  its  habits  and  interests,  no  longer 
identified  with  Slavery,  that  element  of  the 
population  will  rise  to  prominent  influence, 
which  most  easily  identifies  itself  with  free 
labor;  I  mean  the  non-slaveholding  people  of 
the  South.  [Cheers.]  They  have  been  held  in 
a  sort  of  moral  subjection  by  the  great  slave- 
lords.  Not  for  themselves  but  for  them  they 
were  disloyal.  The  destruction  of  Slavery  will 
wipe  out  the  prestige  of  their  former  rulers;  it 
will  lift  the  yoke  from  their  necks;  they  will 
soon  undertake  to  think  for  themselves,  and 
thinking  freely  they  will  not  fail  to  understand 
their  own  true  interests.  They  will  find  in 
free-labor  society  their  natural  elements;  and 
free-labor  society  is  naturally  loyal  to  the 
Union.  [Applause.]  Let  the  old  political  lead 
ers  fret  as  they  please;  it  is  the  free-labor  ma 
jority  that  will  give  to  society  its  character  and 
tone.  [Cheering.]  This  is  what  I  meant  by  so 
reforming  Southern  society  as  to  make  loyalty 
to  the  Union  its  natural  temper  and  disposition. 
This  done,  the  necessity  of  a  military  occu 
pation,  the  rule  of  force,  will  cease;  our  politi 
cal  life  will  soon  return  to  the  beaten  track  of 
.self-government,  and  the  restored  Union  may 
safely  trust  itself  to  the  good  faith  of  a  reformed 
people.  The  antagonistic  element  which  con 
tinually  struggled  against  the  vital  principles 
of  our  system  of  government  once  removed,  we 
shall  be  a  truly  united  people  with  common 
principles,  common  interests,  common  hopes, 
and  a  common  future.  True,  there  will  be 
other  points  of  controversy  about  banks  or  hard 
money,  internal  improvements,  free-trade  or 
protection ;  but  however  fierce  party  contests 
may  be,  there  will  be  no  question  involving  the 
very  foundation  of  our  polity,  and  no  party 
will  refuse  to  submit  to  the  verdict  of  popular 
suffrage  on  the  controversies  at  issue.  [  Cheers.] 
The  Union  will  not  ordy  be  strong  again,  but 
stronger  than  ever  before.  [Great  cheering.] 

And  if  you  ask  me  what,  under  existing  cir 
cumstances,  I  would  propose  to  do,  I  would 
say :  Let  Slavery  in  the  District  of  Columbia, 
and  wherever  the  Government  has  immediate 
authority,  be  abolished.  [Loud  and  long-con 
tinued  applause.]  Let  the  slaves  of  rebels  be 


208 


REBELLION  RECORD,   1860-61. 


confiscated  by  the  General  Government,  and 
then  emancipated,  [tremendous  applause,}  and 
let  a  fair  compensation  be  offered  to  loyal  slave 
States  and  masters,  who  will  agree  upon  some 
system  of  emancipation.  [Cheering.]  Let  this, 
or  some  other  measure  to  the  same  effect,  be 
carried  out  in  some  manner  compatible  with 
our  fundamental  laws,  I  do  not  care  which, 
provided  always  the  measure  be  thoroughgoing 
enough  to  render  a  reaction,  a  reestablishment 
of  the  slave  power  impossible,  [cheering  ;]  for  as 
long  as  this  is  possible,  as  long  as  the  hopes  and 
aspirations  of  the  Southern  people  can  cling  to 
such  a  chance,  you  will  not  have  succeeded  in 
cutting  them  loose  from  the  old  vicious  circle 
of  ideas,  their  loyalty  will  be  subject  to  the 
change  of  circumstances,  and  such  loyalty  is 
worth  nothing.  [Cheers.} 

I  am  at  once  met  by  a  vast  array  of  objec 
tions.  "It  would  be  unconstitutional!"  say 
some  scrupulous  patriots.  Is  it  not  a  little  sur 
prising,  that  the  Constitution  should  be  quoted 
most  frequently  and  persistently  in  favor  of 
those  who  threw  that  very  Constitution  over 
board?  [Cheers.]  Unconstitutional!  Let  us 
examine  the  consistency  of  those  who  on  this 
point  are  so  sensitive.  Have  you  not,  in  the 
course  of  this  rebellion,  suspended  in  many 
cases  the  writ  of  habeas  corpus?  Have  you 
not  suppressed  newspapers,  and  thus  violated 
the  liberty  of  the  press?  Have  you  not  de 
prived  citizens  of  their  liberty  without  due  pro 
cess  of  law  ?  Have  you  not  here  and  there 
superseded  the  regular  courts  of  justice  by 
military  authority?  And  was  all  this  done  in 
strict  conformity  with  the  sacred  safeguards 
which  the  Constitution  throws  around  the  rights 
and  liberties  of  the  citizen?  But  you  tell  me 
that  all  this  was  commanded  by  urgent  neces 
sity.  Indeed!  Is  the  necessity  of  restoring 
the  true  life  element  of  the  Union  less  urgent 
than  the  necessity  of  imprisoning  a  traitor  or 
stopping  a  secession  newspaper?  [Applause.] 
Will  necessity  which  justifies  a  violation  of  the 
dearest  guaranties  of  cur  own  rights  and  lib 
erties,  will  it  not  justify  the  overthrow  of  the 
most  odious  institution  of  this  age?  [Cheers.] 
"What  ?  Is  the  Constitution  such  as  to  counte 
nance  in  an  extreme  case  a  most  dangerous 
imitation  of  the  practices  of  despotic  Govern 
ments,  but  not  to  countenance,  even  in  the  ex- 
tremest  case,  the  necessity  of  a  great  reform, 
which  the  enlightened  spirit  of  our  century  has 
demanded  so  long,  and  not  ceased  to  demand  ? 
[Cheers.]  Is  it,  indeed,  your  opinion  that  in 
difficult  circumstances  like  ours  neither  the 
writ  of  habeas  corpus,  nor  the  liberty  of  the 
press,  nor  the  authority  of  the  regular  courts 
of  justice,  in  one  word,  no  right  shall  be  held 
sacred  and  inviolable  under  the  Constitution 
but  that  most  monstrous  and  abominable  right 
which  permits  one  man  to  hold  another  as 
property?  [Great  cheering.]  Is  to  your  con 
stitutional  conscience  our  whole  magna  charta 
of  liberties  nothing,  and  Slavery  all?  [Loud 
applause.]  Slavery  all,  even  while  endeavoring 


by  the  most  damnable  rebellion  to  subvert  thii 
very  Constitution? 

But  do  not  misunderstand  me.  I  am  far 
from  underestimating  the  importance  of  con 
stitutional  forms.  Where  constitutional  forms 
are  not  strictly  observed,  constitutional  guar 
antees  will  soon  become  valueless.  But,  where 
is  the  danger  in  this  case?  Nobody  denies  the 
constitutionality  of  the  power  of  the  Govern 
ment  to  abolish  Slavery  in  the  District  of 
Columbia;  nobody  will  deny  the  constitution 
ality  of  an  offer  of  compensation  to  loyal  slave 
owners.  Or  would  the  confiscation  of  rebel 
property  be  unconstitutional?  The  Consti 
tution  defines  clearly  what  treason  consists  in  ; 
and  then  it  gives  Congress  the  power  to  pass 
laws  for  the  punishment  of  treason.  In  this 
respect  the  Constitution  gives  Congress  full 
discretion.  If  Congress  can  decree  the  penalty 
of  death,  or  imprisonment,  or  banishment,  why 
not  the  confiscation  of  property  ?  And  if  Con 
gress  can  make  lands,  and  houses,  and  horses, 
and  wagons  liable  to  confiscation,  why  not 
slaves?  And  when  these  slaves  are  confiscated 
by  the  Government,  cannot  Congress  declare 
them  emancipated,  or  rather  will  they  not  be 
emancipated  by  that  very  act?  Is  there  any 
thing  in  the  Constitution  to  hinder  it?  Can 
there  be  any  doubt,  can  there  be  a  shadow  of  a 
doubt,  as  to  the  authority  of  Congress  to  do 
this  ?  And  if  Congress  can  do  it,  why  should 
it  not  ? 

Do  you  prefer  the  death  penalty?  Will  you 
present  to  the  world  the  spectacle  of  a  great 
nation  thirsting  for  the  blood  of  a  number  of 
miserable  individuals  ?  Do  not  say  that  you 
want  to  make  an  example;  for  if  you  stop  the 
source  of  treason,  no  warning  example  to  fright 
en  traitors  will  be  needed.  [Loud  cheers.]  Or  do 
you  prefer  imprisonment?  The  imprisonment 
of  the  leaders  may  very  well  go  along  with 
confiscation,  and  as  to  the  imprisonment  of  the 
masses,  nobody  will  think  of  it.  Or  do  you 
prefer  banishment?  ["Tes."]  How  would  it 
please  you  to  see  Europe  overrun  with  "  exiles 
from  America,"  blackening  your  character  and 
defiling  your  Government  at  every  street-cor 
ner,  and  incessantly  engaged  in  plotting  against 
their  country?  And  what  effect  will  these 
modes  of  punishment  have  upon  the  Southern 
people?  Either  you  are  severe  in  applying 
them,  and  then  you  will  excite  violent  resent 
ments,  or  you  are  not  severe,  and  then  your 
pena/ties  will  frighten  nobody,  and  fail  of  the 
object  of  serving  as  a  warning  example.  In 
neither  case  will  you  make  friends.  It  has  fre 
quently  been  said  that  the  punishment  of  crime 
ought  not  to  be  a  mere  revenge  taken  by  socie 
ty,  but  that  its  principal  ol^ject  ought  to  be  the 
reformation  and  improvement  of  the  criminal. 
[Cheers .]  This  is  a  humane  iden,  worthy  of 
this  enlightened  century.  It  ought  to  be  car 
ried  out  w7herever  practicable.  But  how  much 
greater  and  more  commendable  would  it  be  if 
applied  to  a  people  instead  of  an  individual! 
As  for  me,  it  will  be  to  me  supremely  iudiffer- 


DOCUMENTS. 


209 


ent  whether  any  of  the  rebels  meets  a  punish 
ment  adequate  to  his  crime,  provided  the  great 
source  of  disloyalty  be  punished  in  itself. 
[Cheers.]  The  best  revenge  for  the  past  is  that 
which  furnishes  us  the  best  assurance  for  the 
future.  [Applause.] 

And  how  can  we  lose  this  great  opportunity, 
how  can  we  throw  away  this  glorious  privilege 
we  enjoy,  of  putting  down  a  rebellion  by  en 
larging  liberty,  and  of  punishing  treason  by  re 
forming  society  ?  [Cheers.]  What  hinders  you  ? 
It  is  not  the  Constitution  !  Its  voice  is  clear, 
unmistakable,  and  encouraging.  This  time  the 
Constitution  refuses  to  serve  as  a  mark  to  mor 
bid  timidity  or  secret  tenderness  for  Slavery. 
Or  is  there  really  any  thing  frightful  to  you  in 
the  idea,  which  we  hear  so  frequently  expressed, 
that  every  measure  touching  Slavery  would  ir 
ritate  the  rebels  very  much,  and  make  them 
very  angry.  [Laughter  and  cheering.]  Irri 
tate  them  and  make  them  angry  !  I  should  not 
wonder.  Every  cannon  shot  you  fire  at  them, 
every  gunboat  that  shells  their  fortifications, 
every  bayonet  charge  that  breaks  their  lines, 
makes  them,  I  have  no  doubt,  quite  angry. 
[Continued  laughter.]  It  may  be  justly  sup 
posed  that  every  forward  movement  of  our 
troops  has  upon  them  quite  an  irritating  effect. 
[Great  laughter — "Fort  Donelson."]  If  you 
want  to  see  them  smile,  you  must  let  them 
alone  entirely.  But  will  you,  therefore,  load 
your  muskets  with  sawdust,  stop  the  advance 
of  your  battalions,  and  run  your  navy  ashore  ? 
It  must  be  confessed,  they  have  never  shown 
such  tender  regards  for  our  institutions.  But 
why  will  this  measure  make  them  so  angry  ? 
Because  it  will,  in  the  end,  make  them  power 
less  for  mischief.  And  if  we  can  attain  so  de 
sirable  an  end  by  doing  this,  will  it  not  be  best 
to  support  their  anger  with  equanimity,  and  do 
it  ?  [Cheering.]  I  never  heard  of  a  man  who, 
when  assaulted  by  a  robber,  would  refrain  from 
disarming  him  because  it  might  create  unpleas 
ant  feelings.  [Applause.] 

But,  in  fact,  the  irritation  it  will  create  will 
be  rather  short-lived.  It  will  die  out  with 
slavery.  I  have  endeavored  to  set  forth  that 
the  reformation  of  Southern  society  resulting 
from  these  measures  is  the  only  thing  that  will 
make  the  Southern  people  our  sincere  friends. 
"Why  not  risk  a  short  irritation  for  a  lasting 
friendship?  [Cheers.']  But  while  I  am  little 
inclined  to  pay  much  regard  to  the  feelings  of 
the  rebels,  who  would  delight  in  cutting  our 
throats,  I  deem  it  our  dutj  to  treat  with  respect 
the  opinion  of  the  loyal  men  of  the  South,  on 
whose  fidelity  the  whirl  of  rebellion  raging 
round  them  had  no  power.  I  have  heard  it  said 
that  any  measure  touching  Slavery  in  any  way 
would  drive  them  over  to  our  common  enemy. 
Is  this  possible  ?  Is  their  loyalty  of  so  uncer 
tain  a  complexion  that  they  will  remain  true 
to  the  Union  only  as  long  as  the  Union  does 
nothing  which  they  do  not  fancy  ?  What,  then, 
would  distinguish  them  from  the  traitors? — for 
the  traitors  too  would  have  adhered  to  the 


Union  if  they  had  been  permitted  to  rule  it. 
[Cheers.]  It  is  impossible!  Whatever  they 
might  feel  inclined  to  do  if  their  rights  were 
attacked  in  an  unconstitutional  manner,  to  con 
stitutional  measures,  constitutionally  enacted 
and  carried  out,  a  true  Union  man  will  never 
offer  resistance.  [Applause.]  As  we  listen 
with  respect  to  their  opinions,  so  they  will  listen 
respectfully  to  our  advice.  If  we  speak  to  them 
as  friends,  they  will  not  turn  away  from  us  as 
enemies.  I  would  say  to  them:  "You,  Union 
men  of  the  South,  have  faithfully  clung  to  the 
cause  of  our  common  country,  although  your 
education,  the  circumstance  in  which  you  lived, 
and  the  voice  of  your  neighbors  were  well  cal 
culated  to  call  you  to  the  other  side.  You  have 
resisted  a  temptation  which  to  many  proved 
fatal.  For  this  we  honor  you.  We  labor  and 
fight  side  by  side  to  restore  the  Union  to  its 
ancient  greatness,  and  to  their  purity  the  eter 
nal  principles  upon  which  it  can  safely  and 
permanently  rest.  What  will  you  have — a 
Union  continually  tottering  upon  its  foundation, 
or  a  Union  of  a  truly  united  people,  a  Union  of 
common  principles,  common  interests,  a  com 
mon  honor,  and  a  common  destiny?  We  do 
not  work  for  ourselves  alone,  we  are  not  re 
sponsible  to  ourselves  alone,  but  also  to  posteri 
ty.  What  legacy  will  you  leave  to  your  chil 
dren — new  struggles,  new  dangers,  new  revul 
sions,  or  a  future  of  peaceful  progress?  An 
unfinished,  trembling  edifice,  that  may  some 
day  tumble  down  over  their  heads,  because  its 
foundations  were  not  firmly  laid,  or  a  house 
resting  upon  the  firm  rock  of  a  truly  free  gov 
ernment,  in  which  untold  millions  may  quietly 
and  harmoniously  dwell  ?  We  do  not  mean  to 
disregard  the  obligations  we  owe  you,  neither 
constitutional  obligations  nor  those  which  spring 
from  your  claims  to  our  gratitude.  We  do  not 
mean  that  you  shall  suffer  in  rights  or  fortune, 
nor  to  tear  you  forcibly  from  your  ways  and 
habits  of  life.  But  let  us  reason  together.  Do 
you  think  that  slavery  will  live  always?  Con 
sider  this  question  calmly,  and  without  prej 
udice  or  passion.  Do  you  think  it  will  live 
always,  in  spite  of  the  thousand  agencies  which, 
in  this  Nineteenth  Century  of  ours,  are  busy 
working  its  destruction?  It  cannot  be.  Its 
end  will  come  one  day,  and  that  day  is  brought 
nearer  by  the  suicidal  war  which,  in  this  rebel 
lion,  Slavery  is  waging  against  itself.  And  how 
do  you  wish  that  this  end  should  be?  A  vio 
lent  convulsion  or  the  result  of  a  quiet  and 
peaceful  reform?  will  you  leave  it  to  chance  or 
would  you  not  rather  keep  this  certain  develop 
ment  under  the  moderating  control  of  your 
voluntary  action?  There  is  but  one  way  of 
avoiding  new  struggles  and  a  final  revulsion, 
and  that  is  by  commencing  a  vigorous  progres 
sive  reform  in  time.  In  time,  I  say — and  when 
will  the  term  have  arrived  ?  Either  you  con 
trol  this  development  by  wise  measures  sea 
sonably  adopted — or  it  will  control  you.  How 
long  will  you  wait?  You  speak  of  difficulties  ; 
I  see  them — they  are  great,  very  great.  But 


210 


REBELLION  RECORD,    1860-61. 


will  they  not  be  twenty  times  greater  twenty 
years  hence,  unless  you  speedily  commence  to 
remove  them?  You  ask  me,  what  shall  we  do 
with  our  negroes,  who  are  now  four  millions? 
And  I  ask  you,  what  will  you  do  with  them 
when  they  will  be  eight  millions — or  rather, 
what  will  they  do  with  you?  [Cheering.]  Is 
it  wise  to  quail  before  difficulties  to-day,  when 
it  18  sure  that  they  will  be  twice  as  great  to 
morrow,  aud  equally  sure  that  some  day  they 
must — absolutely  must — be  solved  ?  You  speak 
of  your  material  interest.  To-day,  I  am  con 
vinced,  there  is  hardly  a  man  in  the  free  States 
of  this  Republic  who  would  not  cheerfully  con 
sent  to  compensate  you  amply  for  the  sacrifices 
you  might  voluntarily  bring.  [Applause.]  Do 
you  think  that  after  the  fierce  struggles  which 
inevitably  will  come  if  Slavery  remains  a  power 
in  the  land  after  this  war,  and  which,  with  the 
certainty  of  fate,  will  bring  on  its  destruction, 
an  equally  liberal  spirit  will  prevail  ?  Look  at 
this  fairly  and  without  prejudice.  Does  not 
every  consideration  of  safety 'and  material  inter 
est  command  you  to  commence  this  reform 
without  delay?  Must  it  not  be  clear  to  the 
dullest  mind  that  this  task  which  imperatively 
imposes  itself  upon  you,  will  be  the  easier  the 
sooner  it  is  taken  in  hand,  and  the  more  diffi 
cult  and  fearful  the  longer  it  is  put  off? 

But,  pardon  me,  Union  men  of  the  South,  if 
in  speaking  to  you  of  a  thing  of  such  tremendous 
moment,  I  have  appealed  only  to  the  meaner 
instincts  of  human  nature.  How  great,  how 
sublime  a  part  might  you  play  in  this  crisis,  if 
you  appreciated  the  importance  of  your  position 
—if  you  would  cast  off  the  small  ambition  which 
governs  so  many  of  you !  To  maintain  a  point 
in  controversy  just  because  you  have  asserted 
it,  to  say :  We  can  do  this  if  we  please,  and  no 
body  shall  hinder  u?,  and  therefore  we  will  do  it; 
or,  we  have  slavery  and  nobody  has  a  right  to 
interfere  with  it,  and  therefore  we  will  main 
tain  it,  how  small  an  ambition  is  this!  How 
much  greater,  how  infinitely  nobler  would  it  be, 
if  you  would  boldly  place  yourself  at  the  head 
of  the  movement  and  say  to  us :  We  grew  up  in 
the  habits  of  slaveholding  society,  and  our  in 
terests  were  long  identified  with  the  institution, 
and  we  think  also  that  you  cannot  lawfully 
deprive  us  of  it;  but  since  we  see  that  it  is  the 
great  disturbing  element  in  this  Republic,  we 
voluntarily  sacrifice  it  to  the  peace  of  the  na 
tion,  we  immolate  it  as  a  patriotic  offering  on 
the  altar  of  the  country !  [Loud  cheers.]  Where 
are  the  hearts  large  enough  for  so  great  and 
exalted  an  ambition  ?  Ah,  if  some  man  of  a 
powerful  will  and  lofty  devotion  would  rise  up 
among  you ;  if  an  Andrew  Johnson  would  go 
among  his  people,  and  tell  them  [great  ap 
plause]  how  noble  it  is  to  sacrifice  for  the  good 
of  the  country  [cheers]  not  only  one's  blood,  but 
also  one's  prejudices  and  false  pride,  lie  would 
be  greater  than  the  generals  who  fight  our 
battles,  greater  than  the  statesmen  who  direct 
our  affairs,  and  coming  generations  would  grate 
fully  remember  him  as  the  true  pacificator  of  : 


his  country.  [Applause.]  He  would  stand 
above  those  that  are  first  in  war,  he  would  be 
the  true  hero  of  peace,  he  would  not  be  second 
in  the  hearts  of  his  countrymen."  Thus  I  would 
speak  to  the  Union  men  of  the  ISouth. 

But  whatever  they  may  do,  or  net  do,  our 
duty  remains  the  same.  We  cannot  wait  one 
for  another;  the  development  of  things  presses 
on,  and  the  day  of  the  final  decision  draws 
nearer  every  hour.  Americans,  I  have  spoken 
to  you  the  plain,  cold  language  of  fact  and 
reason.  I  have  not  endeavored  to  capture  your 
hearts  with  passionate  appeals,  nor  your  senses 
with  the  melody  of  sonorous  periods.  I  did  not 
desire  to  rush  you  on  to  hasty  conclasions;  for 
what  you  resolve  upon  with  coolness  and  mod 
eration,  you  will  carry  out  with  firmness  and 
courage.  And  yet  it  is  difficult  for  a  man  of 
heart  to  preserve  that  coolness  and  moderation 
when  looking  at  the  position  this  proud  nation  is 
at  present  occupying  before  the  world ;  when  I 
hear  in  this  great  crisis  the  miserable  cant  of 
party ;  when  I  see  small  politicians  busy  to  gain 
a  point  on  their  opponents ;  when  I  see  great 
men  in  fluttering  trepidation  lest  they  spoil 
their  "  record "  or  lose  their  little  capital  of 
consistency.  [Cheering.] 

What!  you,  the  descendants  of  those  men  of 
iron  who  preferred  a  life  or  death  struggle  with 
misery  on  the  bleak  and  wintry  coast  of  New 
England  to  submission  to  priestcraft  and  king 
craft  ;  yon,  the  offspring  of  those  hardy  pioneers 
who  set  their  faces  against  all  the  dangers  and 
difficulties  that  surround  the  early  settler's  life  ; 
you,  who  subdued  the  forces  of  wild  nature, 
cleared  away  the  primeval  forest,  covered  the 
endless  prairie  with  human  habitations;  you, 
this  race  of  bold  reformers  who  blended  to 
gether  the  most  incongruous  elements  of  birth 
and  creed,  who  built  up  a  Government  which 
you  called  a  model  Republic,  and  undertook  to 
show  mankind  how  to  be  free ;  you,  the  mighty 
nation  of  the  West,  that  presumes  to  defy  the 
world  in  arms,  and  to  subject  a  hemisphere  to 
its  sovereign  dictation ;  you,  who  boast  of  re 
coiling  from  no  enterprise  ever  so  great,  and  no 
problem  ever  so  fearful — the  spectral  monster 
of  Slavery  stares  you  in  the  face,  and  now  your 
blood  runs  cold,  and  all  your  courage  fails  you? 
For  half  a  century  it  has  disturbed  the  peace 
of  this  Republic ;  it  has  arrogared  to  itself 
your  national  domain ;  it  has  attempted  to  es 
tablish  its  absolute  rule  and  to  absorb  even  your 
future  development ;  it  has  disgraced  you  in  the 
eyes  of  mankind,  and  now  it  endeavors  to  ruin 
you  if  it  cannot  rule  you ;  it  raises  its  murderous 
hand  atrainst  the  institutions  most  dear  to  you ; 
it  attempts  to  draw  the  power  of  foreign  nations 
upon  your  heads ;  it  swallows  up  the  treasures 
you  have  earned  by  long  years  of  labor;  it 
drinks  the  blood  of  your  sons  and  the  tears  of 
your  wives,  and  now?-Every  day  it  is  whispered 
n  your  ears,  Whatever  Slavery  may  have  done 
;o  you,  whatever  you  may  suffer,  touch  it  not  f 
flow  many  thousand  millions  of  your  wealth  it 
may  cost,  however  much  blood  you  may  have 


DOCUMENTS. 


211 


to  shed  in  order  to  disarm  its  murderous  hand, 
touch  it  not!  How  many  years  of  peace  and 
prosperity  you  may  have  to  sacrifice  in  order  to 
prolong  its  existence,  touch  it  not !  And  if  it 
should  cost  you  your  honor — listen  to  this  story: 

On  the  Lower  Potomac,  as  the  papers  tell  us, 
a  negro  comes  within  our  lines,  and  tells  the 
valiant  defenders  of  the  Union  that  his  master 
conspires  with  the  rebels,  and  has  a  quantity 
of  arms  concealed  in  a  swamp ;  our  soldiers  go 
and  find  the  arms ;  the  master  reclaims  his 
slave ;  the  slave  is  given  up ;  the  master  ties 
him  to  his  horse,  drags  him  along  eleven  miles 
to  his  house,  lashes  him  to  a  tree,  and,  with 
the  assistance  of  his  overseer,  whips  him  three 
hours,  three  mortal  hours;  then  the  negro  dies. 
That  black  man  served  the  Union,  Slavery  at 
tempts  to  destroy  the  Union,  the  Union  sur 
renders  the  black  man  to  Slavery,  and  he  is 
whipped  to  death — touch  it  not.  ["JSFftW,  hear" 
Profound  sensation.]  Let  an  imperishable  blush 
of  shame  cover  every  cheek  in  this  boasted  land 
of  freedom — but  be  careful  not  to  touch  it !  Ah, 
what  a  dark  divinity  is  this,  that  we  must  sacri 
fice  to  it  our  peace,  our  prosperity,  our  blood, 
our  future,  our  honor !  What  an  insatiable 
vampyre  is  this  that  drinks  out  the  very  mar 
row  of  our  manliness!  ["  Shame"]  Pardon 
me  ;  this  sounds  like  a  dark  dream,  like  the  off 
spring  of  a  hypochondriac  imagination,  and 
yet — have  I  been  unjust  in  what  I  have  said? 
[u  No."] 

Is  it  asking  too  much  of  you  that  you  shall 
secure  against  future  dangers  all  that  is  most 
dear  to  you,  by  vigorous  measures?  Or  is  it 
not  true  that  euch  measures  would  not  be  op 
posed  had  they  not  the  smell  of  principle  about 
them  ?  ["  That's  it."  Applause.]  Or  do  the 
measures  proposed  really  offend  your  constitu 
tional  conscience  ?  The  most  scrupulous  inter 
preter  of  our  fundamental  laws  will  not  succeed 
in  discovering  an  objection.  Or  are  they  im 
politic?  What  policy  can  be  better  than  that 
which  secures  peace  and  liberty  to  the  people  ? 
Or  are  they  inhuman  ?  I  have  heard  it  said 
that  a  meas'ure  touching  Slavery  might  disturb 
the  tranquillity  and  endanger  the  fortunes  of 
many  innocent  people  in  the  South.  This  is  a 
possibility  which  I  sincerely  deplore.  But 
many  of  us  will  remember,  how  often  they 
were  told  it  in  former  years,  that  true  philan 
thropy  begins  at  home.  Disturb  the  tranquilli 
ty  and  endanger  the  fortunes  of  innocent  peo 
ple  in  the  South ! — and  there  your  tenderness 
stops?  Are  the  six  hundred  thousand  loyal 
men  of  the  North,  who  have  offered  their  lives 
and  all  they  have  and  they  are  for  the  Union, 
less  innocent?  Are  those  who  have  soaked  the 
soil  of  Virginia,  and  Missouri,  and  Kentucky, 
and  Tennessee  with  their  blood — are  they  guil 
ty?  Are  the  tears  of  Northern  widows  and 
children  S>r  their  dead  husbands  and  fathers 


less  warm  and  precious  than  the  tears  of  a  plan 
ter's  lady  about  the  threatened  loss  of  her  hu 
man  chattels?  [Sensation.]  If  you  have  such 
tender  feelings  about  the  dangers  and  troubles 
of  others,  how  great  must  be  the  estimation  you 
place  upon  the  losses  and  sufferings  of  our  peo 
ple  !  Streams  of  blood,  and  a  stream  of  tears 
for  every  drop  of  blood ;  the  happiness  of  so 
many  thousand  families  forever  blasted,  the 
prosperity  of  the  country  ruined  for  so  many 
years — how  great  must  be  the  compensation 
for  all  this !  Shall  all  this  be  squandered  for 
nothing?  for  a  mere  temporary  cessation  of 
hostilities,  a  prospect  of  new  troubles,  a  mere 
fiction  of  peace  ? 

People  of  America!  I  implore  you,  for  once, 
be  true  to  yourselves,  [great  applause,]  and  do 
justice  to  the  unmistakable  instinct  of  your 
minds  and  the  noble  impulses  of  your  hearts. 
Let  it  not  be  said  that  the  great  American  Re 
public  is  afraid  of  the  nineteenth  century.  [Loud 
cheers.]  And  you,  legislators  of  the  country, 
and  those  who  stand  at  the  helm  of  Govern 
ment,  you,  I  intreat,  do  not  trifle  with  the 
blood  of  the  people.  This  is  no  time  for  polite 
ly  consulting  our  enemies'  tastes,  or  for  sparing 
our  enemies'  feelings.  Be  sure,  whatever  pro 
gressive  measures  you  may  resolve  upon, however 
progressive  it  may  be,  the  people  are  ready  to  sus 
tain  you  with  heart  and  hand.  [Loud  and  long- 
continued  cheering  and  waring  of  hats.]  The 
people  do  not  ask  for  anything  that  might  seem 
extravagant.  They  do  not  care  for  empty  glory  ; 
they  do  not  want  revenge,  but  they  do  want  a 
fruitful  victory  and  a  lasting  peace.  [Great  ap 
plause.]  When  pondering  over  the  tendency  of 
this  great  crisis,  two  pictures  of  our  future  rise 
up  before  my  mental  vision.  Here  is  one :  The 
Republic,  distracted  by  a  series  of  revulsions  and 
reactions,  all  tending  toward  the  usurpation  of 
power,  and  the  gradual  destruction  of  that 
beautiful  system  of  self-government  to  which 
this  country  owes  its  progress  and  prosperity  ; 
the  nation  sitting  on  the  ruins  of  her  glory, 
looking  back  to  our  days  with  a  sorrowful 
eye,  and  saying,  "Then  we  ought  to  have  acted 
like  men,  and  all  would  be  well  now."  Too 
late,  too  late!  And  here  is  the  other:  A  Gov 
ernment,  freed  from  the  shackles  of  a  despotic 
and  usurping  interest,  resting  safely  upon  the 
loyalty  of  a  united  people;  a  nation  engaged  in 
the  peaceable  discussion  of  its  moral  arid  ma 
terial  problems,  and  quietly  working  out  its 
progressive  development;  its  power  growing  in 
the  same  measure  with  its  moral  consistency ; 
the  esteem  of  mankind  centering  upon  a  puri 
fied  people ;  a  union  firmly  rooted  in  the  sin 
cere  and  undivided  affections  of  all  its  citizens; 
a  regenerated  Republic,  the  natural  guide  and 
beacon  light  of  all  legitimate  aspirations  of  hu 
manity.  These  are  the  two  pictures  of  our 
future.  Choose  1  [Immense  applause.] 


212 


REBELLION  RECORD,  1860-61. 


Doc.  33. 
SECESSION  IN  NEW-MEXICO. 

ADDRESS  OF  M.  OTERO  TO  THE  PEOPLE  OP  NEW-MEXICO. 
SANTA  FB,  N.  M.,  February  15, 1S61. 

POLITICAL  events  of  immense  importance  are 
transpiring  in  the  States,  which  sooner  or  later, 
for  good  or  for  evil,  will  affect  your  destinies. 
The  Government  of  the  Republic  (in  case  any 
government  exists)  is  for  the  first  time  passing 
into  the  hands  of  a  party  purely  sectional  in  its 
origin,  principles  and  power — of  a  party  that  ab 
jures  the  Constitution,  appealing  to  a  higher  law, 
which  is  neither  sanctioned  by  the  law  of  God  or 
that  of  man.  This  party,  known  as  the  Black 
Republican,  is  (and  we  are  glad  to  say  so)  in  a 
great  minority  of  the  American  people — a  minor 
ity  of  nearty  a  million  of  votes — but  has  succeed 
ed  in  obtaining  the  management  of  the  Govern 
ment,  in  part  by  the  deplorable  divisions  among 
their  antagonists,  who  scattered  their  votes  be 
tween  three  different  candidates  for  the  Presid 
ency,  but  principally  by  concentrating  their  force 
in  one  section  of  the  Union,  (the  free  States,) 
nourishing  their  prejudices,  inflaming  their  pas 
sions,  exciting  their  animosities,  and  bribing  their 
interests  ;  at  the  same  time  they  attacked,  by  all 
conceivable  means,  the  rights,  the  character,  and 
the  interests  of  the  other  section  ;  and  the  result 
now  is,  a  contest  which  is  shaking  the  Republic 
to  its  centre. 

The  principal  arm  by  which  this  prosperous 
party  has  waged  this  profane  war,  is  the  African 
slavery  question,  which,  although  guaranteed  and 
protected  by  the  Constitution  in  those  States 
where  it  exists,  and  in  the  common  territories  of 
the  Republic,  is  nevertheless  the  object  of  its  un 
scrupulous  hostility  and  hate. 

But,  be  this  as  it  may,  it  is  not  to  the  discus 
sion  of  this  question  that  we  now  call  your  at 
tention,  for  there  are  other  interests  which  more 
nearly  concern  you  than  the  change  of  govern 
ment,  to  which  we  have  alluded,  and  which  may 
be  affectqd  by  it. 

It  behooves  you  therefore,  to  examine  minutely 
the  character  of  this  new  party,  to  observe  their 
steps,  discern  their  objects,  and  inquire  very  par 
ticularly  of  what  nature,  just  or  unjust,  amicable 
or  hostile,  are  their  sentiments  toward  yourselves, 
your  honor,  your  institutions,  and  your  inter 
ests. 

To  aid  you  in  this  examination,  we  present  you 
with  a  translation,  prepared  with  careful  correct 
ness,  of  a  very  significant  article  which  appeared 
in  the  editorial  columns  of  the  New-York  Tribune, 
of  the  thirty-first  of  December  last,  after  the 
known  success  of  the  Abolition  party  in  the  Pre 
sidential  election  in  November  last.  It  may  seem 
to  you,  that  in  calling  your  attention  in  this  way 
to  the  merely  vulgar  columns  of  a  venal  daily, 
we  attribute  an  undue  importance  to  a  matter  of 
little  weight ;  but  when  it  is  recollected  that  the 
said  dirty,  fanatical,  calumnious  daily  is  more 
than  all  others  the  authorized  exponent  of  the 
party  av>out  to  come  into  power ;  further,  if  we 


remember  that  Mr.  Greeley,  its  editor,  and  the 
author  of  this  vile  article,  is  more  than  any  on« 
the  accredited  representative  and  mouth-piece  of 
Mr.  Lincoln,  the  new  President,  for  the  election 
of  whom  to  this  high  position,  said  editor  con 
tributed  more  than  any  one  else ;  remembering 
all  this,  you  will  admit  that  we  are  clearly  justi 
fied  in  considering  this  article  as  an  open  mani 
festation  of  the  hostility  to  the  death,  with  which 
we,  and  all  we  hold  dear,  is  viewed  by  the  new 
party,  which  will  assume  the  reins  of  Govern 
ment  on  the  fourth  day  of  March  next.  You  will 
know  in  them  the  bitterest  hatred  toward  your 
race.  You  will  observe  the  most  intense  hostility 
toward  your  holy  religion  and  its  anointed  min 
isters.  You  will  discover  the  malevolent  inten 
tion  to  wage  against  your  institutions  and  your 
interests,  the  same  profane  war  which  this  same 
power  has  already  declared  against  nearly  half 
of  our  prosperous  and  contented  people. 

Fellow-citizens,  we  place  this  paper  before  you, 
that  you  may  be  on  your  guard  against  any  in 
sidious  design  that  the  incoming  party  may  con 
template  against  you  through  their  official  emis 
saries,  who  will  soon  be  among  you. 

The  faculties  with  which  the  law  has  clothed 
the  Legislative  Assembly,  are  sufficiently  ample 
for  your  protection,  if  you  will  only  give  it  prompt 
attention,  and  confide  it  to  persons  who  will  not 
betray  you,  either  purposely  or  through  negli 
gence.  The  selection  of  the  firmest  and  most 
faithful  men,  to  represent  you  in  both  branches 
of  the  Legislative  Assembly,  is  your  only  safe 
guard.  But  if  you  disregard  this  warning ;  if 
you  omit  this  duty  ;  if,  during  the  next  four 
years,  you  should  confer  legislative  powers  on 
corrupt  and  incompetent  men,  who  will  be  the 
servants  of  perverse  or  intriguing  masters,  then 
it  will  not  be  difficult  to  foresee  your  destiny. 

United  to  this  fanatical  power,  in  their  attacks 
on  the  constitutional  rights  of  your  fellow-citizens 
and  your  own,  you  will  be  sentenced  to  an  equal 
destruction. 

Their  programme  in  this  territory  will  be  com 
menced  by  an  onslaught  on  your  just  legislation 
in  regard  to  the  protection  of  the  property  of  your 
fellow-citizens  who  possess  property  in  African 
slaves ;  but  they  will  not  be  satisfied  with  that. 
Your  holy  religion,  your  civil  rights,  your  social 
bonds,  your  established  laws,  so  well  adapted  to 
your  condition,  will  soon  be  disputed  by  them 
with  the  same  furious  spirit  of  fanaticism  that 
views  nothing  as  inviolable  that  is  not  in  con 
formity  \vith  the  edicts  of  their  infidelity  toward 
God,  and  their  intolerance  toward  mankind.  But, 
on  the  contrary,  if  you  remain  firm,  as  you  have 
up  to  the  present  time,  on  the  common  principle 
of  justice  and  to  the  Constitution  of  your  country 
—  if  you  extend  the  same  protection  to  all  the 
rights  of  all  your  fellow-citizens,  all  will  yet  be  well. 

The  detestable  principles  of  Black  Republican 
ism  are  not  the  principles  of  the  American  peo 
ple.  As  we  have  said,  a  great  majority  of  tho 
people  were  opposed  to  them  in  the  recent  elec 
tion,  and  in  the  States  it  is  every  day  more  mani 
fest  that  it  is  augmenting. 


DOCUMENTS. 


21S 


After  a  short  duration  of  their  power,  this  horde 
of  infidels  will  be  driven  from  the  capital,  and 
you,  as  well  as  your  fellow-citizens  of  the  States, 
whose  rights  are  menaced,  will  be  left  in  peace 
and  prosperity. 

We  also  consider  it  our  duty,  and  we  have  the 
satisfaction  to  present  to  you  the  manly,  able  and 
decorous  reprimand  which  your  delegate  in  Con 
gress  gave  to  your  calumniator,  through  the  col 
umns  of  the  Constitution,  a  periodical  in  Wash 
ington. 

This  act  of  justice  toward  you  does  honor  to 
the  head  as  well  as  the  heart'  of  your  delegate, 
whose  sentiments,  as  you  see,  are  not  those  of  a 
partisan,  but  those  of  a  loyal  and  faithful  servant 
of  his  constituents  and  countrymen.  He  merits 
your  gratitude,  and  we  trust  that  your  testimony 
will  not  be  denied  him. 


Doc.  34. 
SOUTHERN   SEQUESTRATION. 

DEPARTMENT  OF  JUSTICE,      ) 
RICHMOND,  September  12,  1861.  f 

Instructions  to  Receivers  under  the  Act  entitled 
"  An  Act  for  the  Sequestration  of  the  Estates, 
Property,  and  Effects  of  Alien  Enemies,  and 
for  the  indemnity  of  citizens  of  the  Confederate 
States,  and  persons  aiding  the  same  in  the  ex 
isting  war  against  the  United  States." — Ap 
proved  March  30,  1861. 

The  following  persons  are  subject  to  the  opera 
tion  of  the  law  as  alien  enemies : 

All  citizens  of  the  United  States,  except  citizens 
or  residents  of  Delaware,  Maryland,  Kentucky, 
or  Missouri,  or  the  District  of  Columbia,  or  the 
Territories  of  New-Mexico,  Arizona,  or  the  Indian 
Territory  south  of  Kansas. 

All  persons  who  have  a  domicil  within  the 
States  with  which  this  government  is  at  war,  no 
matter  whether  they  be  citizens  or  not:  Thus  the 
subjects  of  Great  Britain,  France,  or  other  neutral 
nations,  who  have  a  domicil,  or  are  carrying  on 
business  or  traffic  within  the  States  at  war  with 
this  Confederacy,  are  alien  enemies  under  the  law. 
All  such  citizens  or  residents  of  the  States  of 
Delaware,  Maryland,  Kentucky  or  Missouri,  and 
of  the  Territories  of  New-Mexico,  Arizona,  and 
the  Indian  Territory  south  of  Kansas,  and  of  the 
District  of  Columbia,  as  shall  commit  actual  hos 
tilities  against  the  Confederate  States,  or  aid  or 
abet  the  United  States  in  the  existing  war  against 
the  Confederate  States. 

Immediately  after  taking  your  oath  of  office, 
you  will  take  possession  of  all  the  property  of 
every  nature  and  kind  whatsoever  within  your 
District  belonging  to  alien  enemies  as  above  de 
fined. 

You  will  forthwith  apply  to  the  clerk  of  the 
court  for  writs  of  garnishment  under  the  eighth 
section  of  the  law,  and  will  propound  to  the  gar- 
nishees  the  interrogatories  of  which  a  form  is  an 
nexed.  These  interrogatories  you'wrill  propound 
to  the  following  persons,  viz.  : 

1.  All  attorneys  and  counsellors  practising  law 
within  your  district. 


2.  The  presidents  and  cashiers  of  all  banks, 
and  principal  administrative  officers  of  all  rail 
road  and  other  corporations  within  your  district. 

All  agents  of  foreign  corporations,  insurance 
agents,  commission  merchants  engaged  in  foreign 
trade,  agents  of  foreign  mercantile  houses,  dealers 
in  bills  of  exchange,  executors  and  administrators 
of  estates,  assignees  and  syndics  of  insolvent  es 
tates,  trustees,  and  generally  all  persons  who  are 
known  to  do  business  as  agents  for  others. 

In  the  first  week  of  each  month  you  will  ex 
hibit  to  the  Judge  a  statement,  shewing  the  whole 
amount  of  money  in  your  hands  as  Receiver,  and 
deposit  the  same  for  safe  keeping,  in  such  bank  or 
other  depository  as  may  be  selected  for  that  pur 
pose  by  the  Judge — reserving  only  such  amount 
as  may  be  required  for  immediate  necessary  ex 
penditure  in  the  discharge  of  your  duties  as  Re 
ceivers. 

Whenever,  in  the  discharge  of  your  duties,  you 
discover  that  any  attorney,  agent,  former  part 
ner,  trustee,  or  other  person  holding  or  controlling 
any  property,  rights  or  credits  of  an  alien  enemy, 
has  wilfully  failed  to  give  you  information  of  the 
same,  you  will  immediately  report  the  fact  to  the 
District  Attorney  for  your  District  to  the  end  that 
the  guilty  party  may  be  subjected  to  the  pains 
and  penalties  prescribed  by  the  third  section  of 
the  law.  J.  P.  BENJAMIN, 

Attorney-General. 

The  following  interrogatories  to  garnishees  have 
been  prepared  for  your  use,  together  with  a  note 
annexed  for  the  information  of  the  garnishee : 

1.  Have  you  now,  or  have  you  had  in  your 
possession  or  under  your  control,  since  the  twen 
ty-first  day  of  May  last,  (1861,)  and  if  yea,  at  what 
time,  any  land  or  lands,  tenement  or  tenements, 
hereditament  or  hereditaments,  chattel  or  chat 
tels,  right  or  rights,  credit  or  credits  within  the 
Confederate  States  of  America,  held,  owned,  pos 
sessed  or  enjoyed  for  or  by  an  alien  enemy ;  or  in 
or  to  which  any  alien  enemy  had,  and  when,  since 
that  time,  any  right,  title,  or  interest,  either  di 
rectly  or  indirectly  ? 

2.  If  you  answer  any  part  of  the  foregoing  in 
terrogatory  in  the  affirmative,  then  set  forth  spe 
cifically  and  particularly   a   description  of  such 
property,  right,  title,    credit  or  interest,    and  if 
you  have  disposed  of  it  in  whole  or  in  part,  or  of 
the  profit  or  rent  or  interest  accruing  therefrom ; 
then  state  when  you  made  such  disposition,  and 
to  whom,  and  wThere  such  property  now  is  and  by 
whom  held  ? 

3.  Were  you,  since  the  twenty-first  day  of  May, 
1861,  and  if  yea,  at  wrhat  time  indebted,  either 
directly  or  indirectly,  to  any  alien  enemy  or  alien 
enemies  ?     If  yea,  state  the  amount  of  such  in 
debtedness,  if  one,  and  of  each  indebtedness,  it 
more  than  one ;  give  the  name  or  names  of  the 
creditor  or  creditors,  and  the  place  or  places  ot 
residence,  and  state  whether  and  to  what  extent 
such  debt  or  debts  have  been   discharged,  and 
also  the  time  and  manner  of  the  discharge. 

4.  Do  you  know  of  any  land  or  lands,  tene 
ment  or  tenements,   hereditament   or   heredita 
ments,  chattel  or  chattels,  right  or  rights,  credit 


214 


REBELLION   RECORD,  1860-61. 


or  credits,  within  the  Confederate  States  of  Ameri 
ca,  or  any  right  or  interest  held,  owned,  possessec 
or  enjoyed,  directly  or  indirectly  by  or  for  one  or 
more  alien  enemies  since  the  twenty-first  day  o 
May,  1861,  or  in  or  to  which  any  one  or  more 
alien  enemies  had  since  that  time  any  claim,  titl 
or  interest,  direct  or  indirect?  If  yea,  set  forth 
specially  and  particularly  what  and  where  the 
property  is,  and  the  name  and  residence  of  the 
holder,  debtor,  trustee  or  agent. 

5.  State  all  else  that  you  know  which  may  aid 
in  carrying  into  full  effect  the  sequestration  ac 
of  the  thirtieth  August,  1861,  and  state  the  same 
as  fully  and  particularly  as  if  thereunto  specialty 
interrogated.  A.  B., 

Receiver. 

NOTE. — The  garnishee  in  the  foregoing  inter 
rogatories,  is  specially  warned  that  the  seques 
tration  act  makes  it  the  duty  of  each  and  every 
citizen  to  give  the  information  asked  in  said  inter 
rogatories. — [Act  of  30th  August,  1861,  sec.  2.] 

And  if  any  attorney,  agent,  former  partner, 
trustee,  or  other  person  holding  or  controlling 
any  property  or  interest  therein  of  or  for  any  alien 
enemy,  shall  fail  speedily  to  inform  the  Receiver 
of  the  same,  and  to  render  him  an  account  of  such 
property  or  interest,  he  shall  be  guilty  of  a  high 
misdemeanor,  and,  upon  conviction,  shall  be  fined 
in  a  sum  not  exceeding  five  thousand  dollars,  and 
imprisoned  not  longer  than  six  months,  and  be 
liable  to  pay  besides  to  the  Confederate  States 
double  the  value  of  the  property  or  interest  of  the 
alien  enemies  so  held  or  subject  to  his  control. — 
[Sec.  3.] 

Doc.  35. 
BOMBARDMENT  OF  GALVESTON,  TEXAS.* 

COMMANDER  JAMES  ALDEN'S  REPORT. 

UNITED  STATES  STEAMER  SOUTH-CAROLINA,  ) 
OFF  GALVESTON,  August  10, 1861.     f 

SIR:  I  have  the  honor  herewith  to  submit  a 
report  of  a  short  but  lively  affair  which  took  place 
on  the  third  instant  between  this  ship  and  two  of 
the  batteries  located  near  to  and  back  of  the  city 
of  Galveston.  The  city  is,  as  the  accompanying 
sketch  will  show,  entirely  at  our  mercy,  but  I 
have  never  had  any  intention  of  troubling  them, 
as  I  considered  my  duty  was  simply  to  blockade 
and  stop  the  commerce  of  the  port,  as  I  frankly 
told  their  military  commandant,  Capt.  (now  Col.) 
Moore,  who  called  upon  me,  shortly  after  our 
arrival,  to  enquire  into  the  truth  or  falsity  of  a  re 
port,  to  wit,  that  I  had  threatened  to  bombard  the 
town,  if  my  duty  of  blockading  was  interfered  with 
by  them  in  any  way.  I  told  the  Captain,  in  re 
ply,  that  I  seldom  made  threats  under  any  cir 
cumstances  ;  that  I  had  not,  nor  should  I  upon 
so  momentous  a  subject  as  this,  presume  to  think 
what  I  should  do,  believing  as  I  did,  as  far  as  the 
town  was  concerned,  that  they  would  gladly  let 
us  alone.  But  I  was  disappointed ;  for  on  the 
third  instant,  as  one  of  our  tenders  was  returning 
•See  page  484,  Docs.,  Vol.  H. 


from  a  cruise  to  the  southward,  in  charge  of  Mr. 
Rodney  Baxter,  Acting  Master,  she  found  herself 
early  in  the  morning  near  two  of  the  rebel  bat 
teries,  which  shortly  opened  their  fire  upon  her, 
which  she  returned  in  the  most  gallant  manner ; 
and,  after  exchanging  a  few  shots,  came  and  re 
ported  the  facts  to  me.  The  whole  affair  passes 
under  my  own  observation,  our  anchorage  being 
only  three  miles  distant;  and  while  I  was  made 
to  realize  that  people  could  be  so  insane  as  to  in 
itiate  hostilities  with  us,  when  their  town  was  so 
completely  at  our  mercy,  I  was  restrained  from 
going  in  and  engaging  their  batteries  on  the  mo 
ment,  believing  that  the  whole  affair  might  have 
been  the  result  of  misunderstanding  or  accident. 
I  therefore  waited  all  day  for  some  explanation  or 
disavowal  on  the  part  of  the  authorities,  but  none 
came.  On  the  contrary,  steam  was  gotten  up  on 
the  General  Rusk,  a  large  sea-steamer,  which  has 
been  preparing  for  sea  for  some  time,  and  other 
demonstrations  satisfied  me  that,  so  far  from 
their  volunteering  any  explanations,  they  were 
ready  for  us,  and  indeed  wanted  a  brush.  I 
therefore,  at  about  four  o'clock  P.M.,  got  under 
way,  and  after  towing  a  prize,  which  we  have,  a 
little  to  seaward,  out  of  the  reach  of  the  steamer 
General  Rusk,  if  she  should  come  out  while  we 
were  engaged,  I  stood  down  toward  the  batteries. 
Our  moving  was  the  signal  for  the  General  Rusk 
to  get  under  way,  and  as  she  approached  the  bar 
I  turned  to  give  her  chase ;  but  she  was  as  quick 
in  that  evolution  as  we  were,  and  ran  back  with 
all  speed.  She  attempted  it  the  second  time,  but 
after  that  was  content  to  go  in  and  watch  the  re 
sult,  out  of  harm's  way. 

Being  satisfied  that  there  was  no  more  diver 
sion  in  that  direction,  I  resumed  my  original  course, 
and  stood  towards  the  batteries  ;  but  we  were  no 
sooner  in  range  than  they  opened  their  fire  upon 
us,  when  the  action  became  general.  After  ex 
changing  some  dozen  or  fifteen  shots  with  them, 
I  withdrew,  satisfied  that  throughout  the  whole 
affair  we  were  doing  more  injury  to  the  city,  or 
perhaps  unoffending  citizens,  than  to  the  batteries 
or  those  who  sought  the  collision. 

The  nearest  point  that  we  could  get  to  the 
shore,  our  ship  drawing  twelve  feet,  was  about 
one  mile,  where  we  found  thirteen  and  a  half  feet 
of  water.  Their  firing  was  so  extremely  bad, 
considering  the  large  object  that  this  ship,  almost 
entirely  light,  presents,  that  not  a  shot  touched 
us.  Ours,  I  regret  to  say,  so  far  as  the  poor  Por- 
uguese  and  other  unoffending  sufferer  go,  was 
more  effective.  The  only  information  I  have  from 
the  city  on  the  subject,  is  in  a  very  insulting  letter, 
;otten  up  in  the  shape  of  a  protest,  remonstrating 
against  my  acts  of  the  third  instant,  and  signed 
by  all  the  foreign  consuls  at  Galveston,  a  copy  of 
which  is  herewith  sent,  together  with  my  answer. 
[  should  add,  that  some  of  the  crew  of  our  tender 
lad  occasion,  a  few  days  ago,  to  land  down  the 
coast  in  pursuit  of  fresh  provisions,  when  we  were 
nformed  that  a  captain  of  a  company,  or  a  cap- 
;ain  of  a  gun,  and  others,  in  one  of  the  batteries, 
were  killed  in  the  affair  of  the  third  instant  j  also 


DOCUMENTS. 


215 


that  one  of  our  shells  went  into  the  middle  of  the 
town,  but  from  some  cause  or  other  did  not  burst. 
Respectfully,  I  am  your  obedient  servant, 

JAMES  ALDEN, 

Commander. 

Flag-Officer  WILLIAM  MERVINE, 

Commanding  Gulf  Blockading  Squadron. 

(  Correspondence. ) 

GALVESTON,  August  5,  1881. 

SIR:  The  undersigned,  consuls  and  vice-con 
suls  of  Galveston,  consider  it  their  duty  to  enter 
their  solemn  protest  against  your  bombardment 
of  this  city  on  the  evening  of  the  third  instant, 
without  having  given  any  notice,  so  that  the 
women  and  children  might  have  been  removed, 
and  also  against  your  firing  a  shell  in  the  midst 
of  a  large  crowd  of  unarmed  citizens,  amongst 
whom  were  many  women  and  children,  causing 
thereby  the  death  of  an  unoffending  Portuguese, 
and  wounding  boys  and  peaceably  disposed  per 
sons,  as  acts  of  inhumanity,  unrecognised  in 
modern  warfare,  and  meriting  the  condemnation 
of  Christian  and  civilized  nations. 

ARTHUR  LYNN, 

British  Consul. 

JAMES  FREDERICK, 

Hanoverian  and  Oldenburg  Consul,  and  in  the  absence  of 
J.  W.  Jackarsh,  Acting  Consul  for  Prussia  and  Hamburg. 

J.  C.  KUHN, 
Swiss  Consul,  Vice-Consul  for  Russia, 

J.  BARKEMIER, 
Deputy  Consul  for  Bremen,  Saxony,  Belgium,  Holland, 

and  Vice-Consul  for  Austria. 
F.  GONZALES, 

Mexican  Consul. 

F.  H.  ZETIL, 

Consul  for  Nassau. 

B.  THERON, 

French  Agent,  Consul  and  Vice-Consul  for  Spain. 

FREDERICK  WAGNER, 

Consul  pro  tern,  for  Electoral  Hesse. 

To  Captain  JAMES  ALDEN, 

Commanding  U.  S.  Steamer  South-Carolina. 

UNITED  STATES  STEAMER  SOUTH-CAROLINA,  ) 

BLOCKADING  SQUADRON  OFF  GALVESTON,  August  6, 1861.  f 

GENTLEMEN  :  I  have  just  received  by  the  hand 
of  Captain  Davis  your  communication  of  yester 
day's  date,  in  which  you  enter  your  "  solemn 
protest  against  your  (my)  bombardment  of  this 
city  on  the  evening  of  the  third  instant,  without 
having  given  any  notice,  so  that  the  women  and 
children  might  have  been  removed,"  and  char 
acterizing  my  proceedings  in  that  connection  as 
"  acts  of  inhumanity,  unrecognised  in  modern 
warfare,  and  meriting  the  condemnation  of  Christ 
ian  and  civilized  nations." 

My  first  impulse  on  reading  your  extraordi 
nary  communication,  so  full  of  statements  at  vari 
ance  with  my  own  knowledge  of  the  facts,  was 
to  return  it  to  you  and  ask  you  in  all  conscience 
to  examine  the  matter  before  indorsing  such 
sweeping  accusations ;  but  as  the  facts  were  all 
patent,  and  you  might  inform  yourselves  of  them 
if  you  would,  I  decided  to  send  you  the  verbal 
answer  I  did.  and  which  may  be  to  some  of  you 
quite  sufficient;  but  as  it  is  likely  there  are 


others  who  have  signed  this  extraordinary  docu 
ment  who  know  little  or  nothing  about  the  mat 
ter,  and  as  you  all  represent  countries  with 
which  we  are  at  peace  and  amity,  it  may  per 
haps  be  my  duty  to  state  to  you  the  facts  of  the 
case.  They  are  simply  as  follows :  Early  on  the 
morning  of  the  third  instant  our  gunboat  loand 
herself  near  the  shore,  and  shortly  afterwards 
(as  the  result  proved)  within  range  of  some  of 
the  batteries.  The  first  warning  she  got  was  a 
shot — not  a  blank  cartridge,  but  a  shot — not 
fired  ahead  or  astern  of  her,  to  warn  her  off,  but 
straight  at  her.  She,  of  course,  fired  back,  some 
shots  were  exchanged,  when  she  came  and  re 
ported  the  facts  to  me.  This  was  in  the  morn 
ing.  I  waited  all  day  until  nearly  four  in  the 
afternoon,  hoping  some  explanation,  some  dis 
avowal  of  the  act  would  be  sent  off'.  None  came. 
I  then  got  under  way  and  stood  in  for  the  bat 
teries,  which,  you  are  aware,  are  built  in  the 
rear  of  and  close  to  the  town,  merely  to  see  if 
they  could,  while  they  knew  the  town  must  be 
injured  by  our  return  fire,  repeat  such  an  act  of 
aggression  by  commencing  upon  us.  We  were 
no  sooner  within  range  of  their  guns,  however, 
than  they  opened  their  fire,  when  we,  after  ex 
changing  a  few  shots  with  them,  retired,  pre 
ferring  that  it  should  appear  we  were  beaten  off, 
rather  than  continue  a  contest  where  (as  the  re 
sult  shows)  so  many  unoffending  citizens  must 
necessarily  suffer.  If  that  act  merits  the  "  con 
demnation  of  Christian  and  civilized  nations," 
pray  tell  me,  gentlemen,  tell  me,  what  you  would 
have  done  were  you  in  my  place  ?  Again :  you 
protest  against  my  firing  a  shell  into  the  midst 
of  a  "large  crowd  of  unarmed  citizens,  amongst 
whom  were  many  women  and  children."  Good 
God,  gentlemen,  do  you  think  such  an  act  could 
have  been  deliberate  or  premeditated  ?  Besides, 
I  would  ask,  was  it  not  the  duty  of  the  military 
commandant,  who,  by  his  act  in  the  morning, 
had  invited  me  to  the  contest,  to  see  that  sucli 
were  out  of  the  way  ?  Did  he  not  have  all  day 
to  prepare  ?  It  was  evident  to  my  mind  that 
they  knew  we  were  coming,  or  why  was  that  de 
monstration  on  the  steamer  General  Rusk  ?  In 
conclusion,  let  me  add  that  no  one  can  regret  the 
injury  done  to  unoffending  individuals  more  than 
I  do  ;  still  I  find  no  complaint  of  my  acts  of  the 
third  instant,  coming  from  the  military  or  civil 
authorities  of  Galveston ;  and  with  due  deference 
to  your  consideration  and  humanity,  I  must  re 
spectfully  remark  that  it  is  the  first  time  that  I 
have  ever  heard  that  the  women  and  children  or 
unarmed  citizens  of  one  of  our  towns  were  under 
the  protection  of  foreign  consuls.  Respectfully, 

JAMES  ALDEN, 
Commander,  U.  S.  N.,  Commanding. 

ARTHUR  LYNN,  Esq., 

British  Consul. 

J.  C.  KUHN,  Esq., 

Swiss  Consul. 

F.  H.  ZETIL,  Esq., 

Consul  for  Nassau ;  and  Other*. 


218 


REBELLION   RECORD,  1860-61. 


Doc.  30. 
BATTLE  OF  BELMONT,  MO. 

FLAG-OFFICER  A.  II.  FOOTE'S  REPORT. 

UNITED  STATES  GFXBO.VT  LEXINOTON, 
OFF  CAIRO,  November  9,  1661. 

SIR  :  This  communication  conveys  well-authen 
ticated  information,  which  I  trust  will  excuse  its 
great  length  as  well  as  secure  it  an  attentive 
perusal.  I  send  herewith  a  report  of  Comman 
der  Walke,  of  the  gunboat  Taylor,  showing  the 
participation  of  that  vessel,  and  the  gunboat  Lex 
ington,  Commander  Sternbel,  in  the  attack  on 
the  batteries  at  Belmont,  on  the  Mississippi 
River,  this  side  of  Columbus. 

As  a  synopsis  of  this  full  and  extended  report, 
I  may  say  that  the  gunboats  rendered  the  most 
effective  service  on  this  occasion,  having  but  one 
man  killed  and  two  wounded  ;  in  fact,  I  am  in 
formed,  both  by  army  and  navy  officers,  that  the 
boats,  by  covering  the  final  retreat  with  well- 
directed  fire  of  grape  and  canister,  mowing  down 
the  enemy,  prevented  our  troops  from  being  al 
most,  if  not  entirely,  cut  to  pieces. 

General  Grant,  the  commanding  general,  in 
forms  me  that  there  are  forty  thousand  men  and 
one  hundred  and  eight  guns  of  large  calibre  in 
Columbus  and  its  vicinity,  and  that  the  rebels 
intend  to  make  this  point  their  principal  stand 
against  the  movements  of  the  gunboats  and  troops 
down  the  Mississippi  River.  A  rifle  shot  weigh 
ing  ninety  pounds  was  picked  up  by  one  of  our 
men,  thrown  a  distance  of  three  miles  from  one  of 
the  rebel  batteries. 

The  demonstration  down  the  river  was  in 
tended  rather  as  an  armed  reconnoissance  than 
an  attack  on  Columbus ;  in  fact,  mainly  for  the 
purpose  of  destroying  the  detachment  which  had 
crossed  the  river,  and  this  was  effected  by  cap 
turing  the  cannon  and  burning  the  tents  and 
baggage,  the  latter  accomplished  by  Quarter 
master  Hatch  with  a  detachment  of  men.  This 
movement,  it  is  believed,  has  prevented,  for  the 
present,  at  least,  a  junction  with  General  Price 
in  Southwest  Missouri,  also  the  detachments  be 
ing  cut  off  which  have  been  sent  from  here  to 
attack  Jeff  Thompson,  as  well  as  establishing 
the  fact  of  Columbus  being  so  strongly  fortified 
that  a  large  land  force  must  cooperate  with  the 
gunboats,  in  order  to  move  successfully  beyond 
this  point  down  the  Mississippi  River.  On  the 
other  hand,  General  Grant  is  impressed  with  the 
idea  that  the  rebels  may  retaliate  by  an  attempt 
to  seize  "Bird's  Point"  or  "Fort  Holt,"  in  this 
immediate  vicinity,  and,  in  view  of  this,  wants 
early  reinforcements  of  well-equipped  regiments. 
The  General  estimates  the  loss  on  our  side  at  two 
hundred  and  fifty  killed,  wounded,  and  missing, 
and  the  enemy's  loss  in  killed  alone  at  three 
hundred.  My  opinion  is,  after  careful  inquiry, 
as  stragglers  are  still  coming  in,  that  our  loss  of 
killed,  wounded,  and  missing  will  amount  to  five 
hundred  persons,  together  with  twenty-five  bag 
gage-wagons,  one  hundred  horses,  one  thousand 
overcoats,  and  one  thousand  blankets.  The  men 
fought  with  great  gallantry,  ajid  Generals  Grant 


and  McClernand  had  their  horses  shot  under 
them  ;  and  had  not  the  troops  been  flushed  with 
their  early  success,  and  commenced  looting,  in 
stead  of  being  prepared  to  retire  when  the  object 
of  the  expedition  was  accomplished,  they  might 
have  left  with  comparatively  little  loss,  but  the 
delay  gave  the  enemy  time  to  cross  from  Colum 
bus  in  great  force,  and  hence  the  comparativ 
disastrous  termination  in  the  withdrawal  of  our 

forces 

I  have  the  honor  to  be,  very  respectfully,  your 
obedient  servant,  A.  II.  FOOTE, 

Commanding  Naval  Forces  Western  Waters. 

Hon.  GIDEON  WELLES, 

Secretary  of  the  Navy,  Washington,  D.  C. 


Doc.  37. 
THE    KEYS    OF    THE    GULF. 

A  LETTER  FROM  COMMANDER  MERVINE. 

KEY  WEST,  Florida,  Oct.  1, 1861. 

To  THE  EDITOR  OF  THE  WORLD  :  In  your  article 
entitled  the  "  Keys  of  the  Gulf,"  published  in  your 
paper  of  the  seventh  ultimo,  in  which  you  speak 
of  the  importance,  in  a  national  and  commercial 
point  of  view,  of  maintaining  the  possession  of 
these  islands  by  the  United  States,  you  inadvert 
ently  did  injustice  to  the  army  and  navy  officers 
on  this  station,  by  commending  my  loyalty  in  this 
regard,  somewhat  at  their  expense,  and  by  re 
marking,  "  that  though  the  soldiery  in  the  fort 
might  have  been  sufficient  to  defend  it  till  relief 
arrived,  it  is  not  improbable,  that,  had  the  judi 
cial  officers  there  proved  faithless,  as  they  did  in 
other  cases,  Key  West,  with  its  fortifications, 
would  have  been  among  the  earliest  of  the  rebel 
acquisitions,  entailing  consequences,"  etc. 

Now,  so  loyal  to  their  flag  and  country  were 
the  army  and  the  navy  officers  on  this  station,  at 
the  time  the  rebellion  broke  out,  that  I  do  not 
believe  it  probable  that  Key  West,  with  its  forti 
fications,  would  have  gone  into  the  possession  of 
the  rebels,  in  consequence  of  any  omission  or 
dereliction  of  duty  on  their  part,  even  though  the 
judicial  officers  had  proved  disloyal. 

Justice  to  these  gentlemen  requires  that  T  should 
state  a  few  facts  on  this  subject.  The  country  will 
also  be  interested  in  knowing  them. 

As  early  as  the  twelfth  of  November,  and  im 
mediately  after  the  receipt  of  the  news  of  the 
lection  of  Lincoln  —  knowing  that  South-Caro 
lina  had  threatened  to  secede  and  other  States  to 
cooperate  on  that  contingency  occurring  —  Capt 
Brannan,  then  in  command  at  the  military  bar 
racks  in  Key  West,  Capt.  (now  quartermaster- 
general)  Meigs,  then  the  United  States  engineer 
in  charge  of  the  construction  of  Fort  Jefferson  at 
the  Tortugas,  and  Lieuts.  Craven  and  Stanly, 
respectively  in  command  of  the  United  States 
steamers,  the  Mohawk  and  Wyandott,  held  a 
consultation  together  upon  the  subject  of  the 
security  of  the  forts  and  other  public  property  at 
this  place  and  the  Tortugas. 

At  this  consultation  it  was  agreed  that  Stanly 
should  remain  with  the  Wyandott  at  Key  West, 


DOCUMENTS. 


217 


to  cooperate  with  Brannan  in  its  defence,  until 
orders  could  be  received  from  Washington  on  the 
subject,  and  that  Craven  should  go  to  the  Tortu- 
gas  with  the  Mohawk  to  cooperate  with  Meigs  in 
its  defence. 

Both  forts  were  unfinished,  and  in  a  poor  con 
dition  for  defence,  without  naval  cooperation. 
The  fort  at  Tortugas  had  not  a  single  gun.  This 
arrangement  was  quietly  acted  on,  until  the  Secre 
tary  of  the  Navy  ordered  the  Mohawk  and  Wyan- 
dott  to  their  customary  cruising  grounds  off  the 
coast  of  Cuba. 

On  the  twentieth  of  November  Capt.  Brannan, 
of  his  own  accord,  moved  Lieut.  Webber  and 
twenty  men  from  the  barracks  into  the  fort  on 
this  island,  giving  out  that  he  wished  to  drill  his 
men  a  little  at  the  big  guns.  This  was  the  first 
occupation  of  the  fort  by  troops,  it  being  a  new 
and  unfinished  work. 

On  the  second  of  December  Capt.  Hunt,  of  the 
United  States  corps  of  engineers,  in  charge  of  the 
construction  of  the  fort,  and  who  was  responsible 
for  its  safe  keeping  until  regularly  garrisoned, 
arrived  with  fifty  or  sixty  laborers,  and  used  his 
utmost  exertions  to  get  the  fort  in  a  condition  to 
be  defended.  These  laborers  were  all  loyal,  and 
they  pledged  themselves  to  stand  ready  to  assist 
in  the  defence  of  the  work. 

On  the  fourteenth  of  January,  hearing  that  the 
State  (Florida)  had  seceded,  and  that  Fort  Morgan, 
in  Mobile  Bay,  had  been  seized  by  the  rebels,  and 
that  an  expedition  to  seize  the  fort  at  Key  West 
was  freely  spoken  of  on  the  mainland,  Captain 
Brannan,  acting  in  harmony  with  the  views  of 
Capt.  Hunt,  moved  himself  and  entire  command, 
consisting  of  about  fifty  men,  into  the  fort. 
Soldiers  and  laborers  cooperated  in  mounting 
the  guns. 

In  the  mean  time  Brannan  had  repeatedly  writ 
ten  to  the  Secretary  of  War  for  orders,  but  received 
not  a  line  in  answer  until  the  twenty-sixth  of 
January,  after  Mr.  Holt  had  come  into  office. 
The  transfer  of  his  command  from  the  barracks 
to  the  fort  was  then  approved  of. 

On  the  sixteenth  of  January  Major  Arnold, 
with  two  companies  of  artillery,  arrived  from 
Boston,  and  took  possession  of  Fort  Jefferson,  at 
the  Tortugas. 

On  the  fourth  of  April  the  fort  on  this  island 
(Key  West)  was  reenforced  by  the  arrival  of  Major 
French  and  two  artillery  companies,  and  soon 
after  was  further  strengthened  by  the  arrival  of 
two  infantry  companies.  Major  French,  after 
Gen.  Twiggs's  treasonable  surrender  of  the  mili 
tary  posts  in  Texas,  had  marched  his  command 
from  the  upper  regions  of  that  State  to  the  sea 
board,  and  had  brought  it  to  this  place  in  a  condi 
tion  of  admirable  discipline. 

Ranking  Brannan,  he  assumed  the  command  of 
the  fort  and  barracks,  and  soon  after  inaugurated 
a  system  of  local  affairs  on  this  island,  which  has 
been  highly  satisfactory  to  all  Union-loving  citi 
zens,  and  which  has  been  acquiesced  in  by  the 
moderate  secessionists  as  right  and  proper,  but 
which  has  been  highly  unpalatable  to  the  pervert 


ed  and  diseased  tastes  of  others.     These  have  re 
tired  from  among  us. 

Captain  Craven,  having  been  ordered  to  New- 
York,  returned  to  this  place  in  the  command  of 
the  Crusader  about  the  same  time  that  Major 
French  arrived.  He  cooperated  heartily  with 
the  Major  in  reestablishing  the  authority  of  the 
Federal  Government. 

The  collector,  district-attorney,  and  marshal, 
were  all  early  zealous  secessionists.  The  marshal 
resigned  early  in  March,  leaving  the  court  without 
an  executive  officer  until  the  fourteenth  of  April, 
when  a  new  marshal  was  appointed. 

Honor  to  whom  honor  is  due.  You  will  per 
ceive  at  once,  upon  reading  the  above  statement, 
that  the  army  and  navy  officers  on  this  station, 
in  the  most  trying  times,  were  as  true  in  their 
loyalty  to  the  Union  as  the  needle  to  the  pole ; 
and  to  them,  and  to  their  early  foresight  and 
prompt  military  action,  is  the  preservation  of 
Forts  Taylor  and  Jefferson  due,  much  more  and 
in  a  much  higher  sense  than  to  any  moral  influ 
ence  that  could  be  exerted  by  any  civil  magis 
trate,  whatever  might  be  his  loyalty.  But  had  I 
proved  disloyal  myself,  I  believe  these  gentlemen 
would  have  proved  faithful,  and  when  the  right 
time  came  I  am  glad  to  believe  that  I  should  have 
been  the  first  person  on  this  island  to  be  "subju 
gated"  to  the  authority  of  the  United  States  by 
their  military  power. 

Very  respectfully,  etc., 

WILLIAM  MERVINE. 

Doc.  38. 
THE    CONTEST    IN  AMERICA. 

BY    JOHN    STUART   MILL. 

THE  cloud  which  for  the  space  of  a  month  hung 
gloomily  over  the  civilized  world,  black  with  far 
worse  evils  than  those  of  simple  war,  has  passed 
from  over  our  heads  without  bursting.  The  fear 
has  not  been  realized,  that  the  only  two  first-rate 
Powers  who  are  also  free  nations  would  take  to 
tearing  each  other  in  pieces,  both  the  one  and  the 
other  in  a  bad  and  odious  cause.  For  while,  on 
the  American  side,  the  war  would  have  been  one 
of  reckless  persistency  in  wrong,  on  ours  it  would 
have  been  a  war  in  alliance  with,  and  to  practical 
purposes,  in  defence  and  propagation  of  slavery. 
We  had,  indeed,  been  wronged.  We  had  suffered 
an  indignity,  and  something  more  than  an  indig 
nity,  which  not  to  have  resented,  would  have  been 
to  invite  a  constant  succession  of  insults  and  in 
juries  from  the  same  and  from  every  other  quar 
ter.  We  could  have  acted  no  otherwise  than  we 
have  done :  yet  it  is  impossible  to  think,  without 
something  like  a  shudder,  from  what  we  have 
escaped.  We,  the  emancipators  of  the  slave — 
who  have  wearied  every  court  and  government 
in  Europe  and  America  with  our  protests  and  re 
monstrances,  until  we  goaded  them  into  at  least 
ostensibly  cooperating  with  us  to  prevent  the  en 
slaving  of  the  negro — we,  who  for  the  last  half 
century  have  spent  annual  sums  equal  to  the 


218 


REBELLION  RECORD,  1860-61. 


revenue  of  a  small  kingdom  in  blockading  the 
African  coast,  for  a  cause  in  which  we  not  only 
had  no  interest,  but  which  was  contrary  to  our 
pecuniary  interest,  and  which  many  believed 
would  ruin,  as  many  among  us  still,  though  erro 
neously,  believe  that  it  has  ruined,  our  colonies — 
tee  should  have  lent  a  hand  to  setting  up,  in  one 
of  the  most  commanding  positions  of  the  world, 
a  powerful  republic,  devoted  not  only  to  slavery, 
but  to  pro-slavery  propagandism — should  have 
helped  to  give  a  place  in  the  community  of  na 
tions  to  a  conspiracy  of  slave-owners,  who  have 
broken  their  connection  with  the  American  fed 
eration  on  the  sole  ground,  ostentatiously  pro 
claimed,  that  they  thought  an  attempt  would  b 
made  to  restrain,  not  slavery  itself,  but  their  pur 
pose  of  spreading  slavery  wherever  migration  o 
force  could  carry  it. 

A  nation  which  has  made  the  professions  tha 
England  has,  does  not  with  impunity,  under  how 
ever  great  provocation,  betake  itself  to  frustratinj 
the  objects  for  which  it  has  been  calling  on  th 
rest  of  the  world  to  make  sacrifices  of  what  they 
think  their  interest.     At  present,  all  the  nation 
of  Europe  have  sympathized  with  us ;  have  ac 
knovvledged  that  we  were  injured,  and  declared 
with  rare  unanimity,  that  we  had  no  choice  bu 
to  resist,  if  necessary,  by  arms.     But  the  conse 
quences  of  such  a  war  would  soon  have  buried  it 
causes  in  oblivion.     When  the  new  Confederat 
States,  made  an  independent  power  by  Englisl 
help,  had  begun  their  crusade  to  carry  negro  sla 
very  from  the  Potomac  to  Cape  Horn,  who  would 
then  have  remembered  that   England  raised  u] 
this  scourge  to  humanity  not  for  the  evil's  sake 
but  because  somebody  had  offered  an  insult  to 
her  flag  ?     Or  even  if  unforgotten,  who  would  then- 
have  felt  that  such  a  grievance  was  a  sufficien 
palliation  of  the  crime  ?     Every  reader  of  a  news 
paper,  to  the  furthest  ends  of  the  earth,  woulc 
have  believed  and  remembered  one  thing  only — 
that  at  the  critical  juncture  which  was  to  decide 
whether  slavery  should  blaze  up  afresh  with  in 
creased  vigor  or  be  trodden  out — at  the  momen 
of  conflict  between  the  good  and  the  evil  spirit — 
at  the  dawn  of  a  hope  that  the  demon  might  now 
at  last  be  chained  and  flung  into  the  pit,  England 
stepped  in,  and  for  the  sake  of  cotton,  made  Satan 
victorious. 

The  world  has  been  saved  from  this  calamity, 
and  England  from  this  disgrace.  The  accusation 
would  indeed  have  been  a  calumny.  But  to  be 
able  to  defy  calumny,  a  nation,  like  an  individual, 
must  stand  very  clear  of  just  reproach  in  its  pre 
vious  conduct.  Unfortunately,  we  ourselves  have 
given  too  much  plausibility  to  the  charge.  Not 
by  anything  said  or  done  by  us  as  a  government 
or  as  a  nation,  but  by  the  tone  of  our  press,  and 
in  some  degree,  it  must  be  owned,  the  general 
opinion  of  English  society.  It  is  too  true,  that 
the  feelings  which  have  been  manifested  since  the 
beginning  of  the  American  contest — the  judgments 
which  have  been  put  forth,  and  the  wishes  which 
have  been  expressed  concerning  the  incidents  and 
probable  eventualities  of  the  struggle — the  bitter 
and  irritating  criticism  which  has  been  kept  up, 


not  even  against  both  parties  equally,  but  almost 
solely  against  the  party  in  the  right,  and  the  un 
generous  refusal  of  all  those  just  allowances  which 
no  country  needs  more  than  our  own,  whenever 
its  circumstances  are  as  near  to  those  of  America 
as  a  cut  finger  is  to  an  almost  mortal  wound  — 
these  facts,  with  minds  not  favorably  disposed  to 
us,  would  have  gone  far  to  make  the  most  odious 
interpretation  of  the  war  in  which  we  have  been 
so  nearly  engaged  with  the  United  States,  appear 
by  many  degrees  the  most  probable.  There  ia 
no  denying  that  our  attitude  toward  the  contend 
ing  parties,  (I  mean  our  moral  attitude,  for  politi 
cally  there  was  no  other  course  open  to  us  than 
neutrality,)  has  not  been  that  which  becomes  a 
3eople  who  are  as  sincere  enemies  of  slavery  as 
;he  English  really  are,  and  have  made  as  great 
sacrifices  to  put  an  end  to  it  where  they  could. 
And  it  has  been  an  additional  misfortune  that 
some  of  our  most  powerful  journals  have  been  for 
many  years  past  very  unfavorable  exponents  of 
English  feeling  on  all  subjects  connected  with 
slavery ;  some,  probably,  from  the  influences, 
more  or  less  direct,  of  West-India  opinions  and 
nterests ;  others  from  inbred  toryism,  which,  even 
when  compelled  by  reason  to  hold  opinions  favor 
able  to  liberty,  is  always  adverse  to  it  in  feeling; 
which  likes  the  spectacle  of  irresponsible  power 
exercised  by  one  person  over  others ;  which  has 
no  moral  repugnance  to  the  thought  of  human 
Beings  born  to  the  penal  servitude  for  life,  to 
which  for  the  term  of  a  few  years  we  sentence 
our  most  hardened  criminals,  but  keeps  its  indig 
nation  to  be  expended  on  "rabid  and  fanatical 
abolitionists"  across  the  Atlantic,  and  on  those 
writers  in  England  who  attach  a  sufficiently  seri 
ous  meaning  to  their  Christian  professions,  to  con 
sider  a  fight  against  slavery  as  a  fight  for  God. 

Now,  when  the  mind  of  England,  and  it  may 
almost  be  said  of  the  civilized  part  of  mankind, 
has  been  relieved  from  the  incubus  which  had 
weighed  on  it  ever  since  the  Trent  outrage,  and 
when  we  are  no  longer  feeling  toward  the  North 
ern  Americans  as  men  feel  toward  those  with 
whom  they  may  be  on  the  point  of  struggling  for 
ife  or  death  ;  now,  if  ever,  is  the  time  to  review 
our  position  and  consider  whether  we  have  been 
feeling  what  ought  to  have  been  felt,  and  wishing 
what  ought  to  have  been  wished,  regarding  the 
contest  in  which  the  Northern  States  are  engag 
ed  with  the  South. 

In  considering  this  matter,  we  ought  to  dismiss 
from  our  minds  as  far  as  possible,  those  feelings 
against  the  North  which  have  been  engendered 
not  merely  by  the  Trent  aggression,  but  by  the 
previous  anti-British  effusions  of  newspaper  wri 
ters  and  stump  orators.  It  is  hardly  worth  while 
to  ask  how  far  these  explosions  of  ill-humor  are 
anything  more  than  might  have  been  anticipated 
from  ill-disciplined  minds,  disappointed  of  the 
ympathy  which  they  justly  thought  they  had  a 
right  to  expect  from  the  great  anti-slavery  people 
"n  their  really  noble  enterprise.  It  is  almost  su 
perfluous  to  remark  that  a  democratic  govern 
ment  always  shows  worst  where  other  govern- 
Iments  show  best — on  its  outside  ;  that  unreason- 

I 


DOCUMENTS. 


219 


able  people  are  much  more  noisy  than  the  reason 
able  ;  that  the  froth  and  scum  are  the  part  of  a 
violently  fermenting  liquid  that  meets  the  eyes, 
but  are  not  its  body  and  substance.  Without  in- 
Fisting  on  these  things,  I  contend  that  all  pre 
vious  cause  of  offence  should  be  considered  as 
cancelled,  by  the  reparation  which  the  American 
Government  has  so  amply  made ;  not  so  much  the 
reparation  itself,  which  might  have  been  so  made 
as  to  leave  still  greater  cause  of  permanent  re 
sentment  behind  it,  but  the  manner  and  spirit  in 
which  they  have  made  it.  These  have  been  such, 
as  most  of  us,  1  venture  to  say,  did  not  by  any 
means  expect.  If  reparation  were  made  at  all, 
of  which  few  of  us  felt  more  than  a  hope,  we 
thought  that  it  would  have  been  made  obvi 
ously  as  a  concession  to  prudence,  not  to  princi 
ple.  We  thought  that  there  would  have  been 
truckling  to  the  newspaper  editors  and  supposed 
fire-eaters,  who  were  crying  out  for  retaining  the 
prisoners  at  all  hazards.  We  expected  that  the 
atonement,  if  atonement  there  were,  would  have 
been  made  with  reservations,  perhaps  under  pro 
test.  We  expected  that  the  correspondence 
would  have  been  spun  out,  and  a  trial  made  to 
induce  England  to  be  satisfied  with  less  ;  or  that 
there  would  have  been  a  proposal  of  arbitration  ; 
or  that  England  would  have  been  asked  to  make 
concessions  in  return  for  justice  ;  or  that,  if  sub 
mission  were  made,  it  would  have  been  made  osten 
sibly  to  the  opinions  and  wishes  of  Continental  Eu 
rope.  We  expected  anything,  in  short,  which  would 
have  been  weak,  and  timid,  and  paltry.  The  only 
thing  which  no  one  seemed  to  expect  is  what  has 
actually  happened.  Mr.  Lincoln's  Government 
have  done  none  of  these  things.  Like  honest 
men,  they  have  said  in  direct  terms,  that  our  de 
mand  was  right ;  that  they  yielded  to  it  because  it 
was  just;  that  if  they  themselves  had  received 
the  same  treatment  they  would  have  demanded 
the  same  reparation ;  and  that  if  what  seemed  to 
be  the  American  side  of  the  question  was  not  the 
just  side,  they  would  be  on  the  side  of  justice, 
happy  as  they  were  to  find,  after  their  resolution 
had  been  taken,  that  it  was  also  the  side  which 
America  had  formerly  defended.  Is  there  any 
one,  capable  of  a  moral  judgment  or  feeling,  who 
will  say  that  his  opinion  of  America  and  Ameri 
can  statesmen,  is  not  raised  by  such  an  act,  done 
on  such  grounds  ?  The  act  itself  may  have  been 
imposed  by  the  necessity  of  the  circumstances  ; 
but  the  reasons  given,  the  principles  of  action 
professed,  were  their  own  choice.  Putting  the 
worst  hypothesis  possible,  which  it  would  be  the 
height  of  injustice  to  entertain  seriously,  that  the 
concession  was  really  made  solely  to  convenience, 
and  that  the  profession  of  regard  for  justice  was 
hypocrisy,  even  so,  the  ground  taken,  even  if  in 
sincerely,  is  the  most,  hopeful  sign  of  the  moral 
state  of  the  American  mind  which  has  appeared 
for  many  years'.  That  a  sense  of  justice  should 
be  the  motive  which  the  rulers  of  a  country  rely 
on,  to  reconcile  the  public  to  an  unpopular,  and 
what  might  seem  a  humiliating  act ;  that  the  jour 
nalists,  the  orators,  many  lawyers,  the  Lower 
House  of  Congress,  and  Mr.  Lincoln's  own  Naval 


Secretary,  should  be  told,  in  the  face  of  the  world, 
by  their  own  Government,  that  they  have  been 
giving  public  thanks,  presents  of  swords,  freedom 
of  cities,  all  manner  of  heroic  honors  to  the  author 
of  an  act  which,  though  not  so  intended,  was 
lawless  and  wrong,  and  for  which  the  proper 
remedy  is  confession  and  atonement ;  that  this 
should  be  the  accepted  policy  (supposing  it  to  be 
nothing  higher)  of  a  Democratic  Republic,  shows 
even  unlimited  democracy  to  be  a  better  thing  than 
many  Englishmen  have  lately  been  in  the  habit  of 
considering  it,  and  goes  some  way  towards  prov 
ing  that  the  aberrations  even  of  a  ruling  multitude 
are  only  fatal  when  the  better  instructed  have  not 
the  virtue  or  the  courage  to  front  them  boldly. 
Nor  ought  it  to  be  forgotten,  to  the  honor  of  Mr. 
Lincoln's  Government,  that  in  doing  what  was  in 
itself  right,  they  have  done  also  what  was  best 
fitted  to  allay  the  animosity  which  was  daily  be 
coming  more  bitter  between  the  two  nations  so 
long  as  the  question  remained  open.  They  have 
put  the  brand  of  confessed  injustice  upon  that 
rankling  and  vindictive  resentment  with  which 
the  profligate  and  passionate  part  of  the  Ameri 
can  press  has  been  threatening  us,  in  the  event 
of  concession,  and  which  is  to  be  manifested  by 
some  dire  revenge,  to  be  taken,  as  they  pretend, 
after  the  nation  is  extricated  from  its  present  diffi 
culties.  Mr.  Lincoln  has  done  what  depended  on 
him  to  make  this  spirit  expire  with  the  occasion 
which  raised  it  up ;  and  we  shall  have  ourselves 
chiefly  to  blame  if  we  keep  it  alive  by  the  further 
prolongation  of  that  stream  of  vituperative  elo 
quence,  the  source  of  which,  even  now,  when  the 
cause  of  quarrel  has  been  amicably  made  up,  does 
not  seem  to  have  run  dry.* 

Let  us,  then,  without  reference  to  these  jars, 
or  to  the  declamation  of  newspaper  writers  on 
either  side  of  the  Atlantic,  examine  the  American 
question  as  it  stood  from  the  beginning ;  its  origin, 
the  purpose  of  both  the  combatants,  and  its  vari 
ous  possible  or  probable  issues. 

There  is  a  theory  in  England,  believed  perhaps 
by  some,  half  believed  by  many  more,  which  is 
only  consistent  with  original  ignorance,  or  com 
plete  subsequent  forgetfulness,  of  all  the  antece 
dents  cf  the  contest.  There  are  people  who  tell 
us  that,  on  the  side  of  the  North  the  question  is 
not  one  of  slavery  at  all.  The  North,  it  seems, 
have  no  more  objection  to  slavery  than  the  South 
have.  Their  leaders  never  say  one  word  imply 
ing  disapprobation  of  it.  They  are  ready,  on  the 
contrary,  to  give  it  new  guarantees ;  to  renounce  \ 
all  that  they  have  been  contending  for ;  to  win 


*  I  do  not  forget  one  regrettable  passage  in  Mr.  Seward'a 
letter,  in  which  he  said  that:  "  If  the  safety  of  the  Union  requir 
ed  the  detention  of  the  captured  persons,  it  would  be  the  right 
and  duty  of  this  Government  to  detain  them.''  I  sincerely 
grieve  to  find  this  sentence  in  the  despatch,  for  the  exceptions 
to  the  general  rules  of  morality  are  not  a  subject  to  be  lightly 
or  unnecessarily  tampered  with.  The  doctrine,  in  itself,  is  no 
other  than  that  professed  and  acted  on  by  all  governments — 
that  self-preservation,  in  a  State,  as  in  an  individual,  is  a  war 
rant  for  many  things  which,  at  all  other  times,  ought  to  be  rig 
idly  abstained  from.  At  all  events,  no  nation  which  has  ever 
passed  "laws  of  exception,"  which  ever  suspended  the  habeas 
corpus  act,  or  passed  an  alien  bill  in  dread  of  a  Chartist  insur 
rection,  has  a  right  to  throw  the  first  stone  at  Mr.  Lincoln's 
Government. 


220 


REBELLION  RECORD,  1860-61. 


Cob-;  »er 


back,  if  opportunity  offers,  the  South  to  the 
Union  by  surrendering  the  whole  point. 
_,  If  this  be  the  true  state  of  the  case,  what  are 
the  Southern  chiefs  fighting  about  ?  Their  apolo 
gists  in  England  say  that  it  is  about  tariffs,  and  sim 
ilar  trumpery.  They  say  nothing  of  the  kind. 
They  tell  the  world,  and  they  told  their  own  citi-^ 
zens  when  they  wanted  their  votes,  that  the  ob-* 
ject  of  the  fight  was  slavery.  Many  years  ago, 
when  Gen.  Jackson  was  President,  South-Caro 
lina  did  nearly  rebel  (she  never  was  near  sepa 
rating)  about  a  tariff ;  but  no  other  State  abetted 
her,  and  a  strong  adverse  demonstration  from 
Virginia  brought  the  matter  to  a  close.  Yet  the 
taritf  of  that  day  was  rigidly  protective.  Com- 
>.  pared  with  that,  the  one  in  force  at  the  time  of 
the  secession  was  a  free-trade  tariff.  This  latter 
was  the  result  of  several  successive  modifications 
in  the  direction  of  freedom  ;  and  its  principle  was 
not  protection  for  protection,  but  as  much  of  it 
only  as  might  incidentally  result  from  duties  im 
posed  for  revenue.  Even  the  Morrill  tariff  (which 
never  could  have  been  passed  but  for  the  South- 
^  ern  secession)  is  stated  by  the  high  authority  of 
Mr.  H.  C.  Carey  to  be  considerably  more  liberal 
than  the  reformed  French  tariff  under  Mr. 
den's  treaty ;  insomuch  that  he,  a  Protectionist, 
would  be  glad  to  exchange  his  own  protective 
tariff  for  Louis  Napoleon's  free-trade  one.  But 
why  discuss,  on  probable  evidence,  notorious 
facts  ?  The  world  knows  what  the  question  be- 
>  tween  the  North  and  South  has  been  for  many 
years,  and  still  is.  Slavery  alone  was  thought  of, 
alone  talked  of.  Slavery  was  battled  for  and 
against,  on  the  floor  of  Congress  and  in  the 
of  Kansas ;  on  the  slavery  question  exclusively 
was  the  party  constituted  which  now  rules  the 
United  States;  on  slavery,  Fremont  was  reject 
ed  ;  on  slavery,  Lincoln  was  elected ;  the  South 
separated  on  slavery,  and  proclaimed  slavery  as 
the  one  cause  of  separation. 

It  is  true  enough  that  the  North  are  not  carry 
ing  on  war  to  abolish  slavery  where  it  legally  ex 
ists.  Could  it  have  been  expected,  or  even  per 
haps  desired,  that  they  should  ?  A  great  party 
does  not  change  suddenly,  and  at  once,  all  its 
principles  and  professions.  The  Republican  party 
have  taken  their  stand  on  law,  and  the  existing 
Constitution  of  the  Union.  They  have  disclaim 
ed  all  right  to  attempt  anything  which  that  Con 
stitution  forbids.  It  does  forbid  interference  by 
the  Federal  Congress  with  slavery  in  the  slave^ 
States ;  but  it  does  not  forbid  their  abolishing  it' 
in  the  District  of  Columbia ;  and  this  they  are 
now  doing,  having  voted,  I  perceive,  in  their 
present  pecuniary  straits,  a  million  of  dollars  to 
indemnify  the  slave-owners  of  the  District.  Neith 
er  did  the  Constitution,  in  their  own  opinion,  re 
quire  them  to  permit  the  introduction  of  slavery 
into  the  Territories,  which  were  not  yet  States. 
To  prevent  this,  the  Republican  party  was  formed, 
and  to  prevent  it  they  are  now  fighting,  as  the 
slave-owners  are  fighting  to  enforce  it. 

The  present  Government  of  the  United  States 

s       is  not  an  abolitionist  government.     Abolitionists, 

in  America,  mean  those  who  do  not  keep  within 


the  Constitution ;  who  demand  the  destruction 
(as  far  as  slavery  is  concerned)  of  as  much  of  it 
as  protects  the  internal  legislation  of  each  State 
from  the  control  of  Congress ;  who  aim  at  abol 
ishing  slavery  wherever  it  exists,  by  force  if  need 
be,  but  certainly  by  some  other  power  than  the 
constituted  authorities  of  the  slave  States.  The 
'Republican  party  neither  aim  nor  profess  to  aim 
at  this  object.  And  when  we  consider  the  flood 
of  wrath  which  would  have  been  poured  out 
against  them  if  they  did,  by  the  very  writers 
who  now  taunt  them  with  not  doing  it,  we  shall 
be  apttto  think  the  taunt  a  little  misplaced.  But 
though  not  an  abolitionist  party,  they  are  a  free- 
soil  party.  If  they  have  not  taken  arms  against 
slavery,  they  have  against  its  extension.  And 
they  know,  as  we  may  know  if  we  please,  that 
this  amounts  to  the  same  thing.  The  day  when 
"t*lavery  can  no  longer  extend  itself,  is  the  day  of 
its  doom.  The  slave-owners  know  this,  and  it  is 
the  cause  of  their  fury.  They  know,  as  all  know 
who  have  attended  to  the  subject,  that  confine 
ment  within  existing  limits  is  its  death-warrant. 
Slavery,  under  the  conditions  in  which  it  exists 
in  the  States,  exhausts  even  the  beneficent  pow- 
s  of  nature.  So  incompatible  is  it  with  any 
kind  whatever  of  skilled  labor,  that  it  causes  the 
whole  productive  resources  of  the  country  to  be 
concentrated  on  one  or  two  products,  cotton  be 
ing  the  chief,  which  require  to  raise  and  prepare 
them  for  the  market  little  beside  brute,  animal, 
force.  The  cotton  cultivation,  in  the  opinion  of 
all  competent  judges,  alone  saves  North-Ameri 
can  slavery ;  but  cotton  cultivation,  exclusively 
to,  exhausts,  in  a  moderate  number  of 
years,  all  the  soils  which  are  fit  for  it,  and  can 
only  be  kept  up  by  travelling  further  and  further 
westward.  Mr.  Olmsted  has  given  a  vivid  de 
scription  of  the  desolate  state  of  parts  of  Georgia 
and  the  Carolinas,  once  among  the  richest  speci 
mens  of  soil  and  cultivation  in  the  world ;  and 
even  the  more  recently  colonized  Alabama,  as  he 
shows,  is  rapidly  following  in  the  same  downhill 
track.  To  slavery,  therefore,  it  is  a  matter  of 
life  and  death  to  find  fresh  fields  for  the  employ 
ment  of  slave  labor.  Confine  it  to  the  present 
States,  and  the  owners  of  slave  property  will 
either  be  speedily  ruined,  or  will  have  to  find 
means  of  reforming  and  renovating  their  agricul 
tural  system,  which  cannot  be  done  without 
treating  the  slaves  like  human  beings,  nor  with 
out  so  large  an  employment  of  skilled — that  is, 
of  free — labor,  as  will  widely  displace  the  un 
skilled,  and  so  depreciate  the  pecuniary  value  of 
the  slave,  that  the  immediate  mitigation  and  ulti 
mate  extinction  of  slavery  would  be  a  nearly  in 
evitable  and  probably  rapid  consequence. 

The  Republican  leaders  do  not  talk  to  the  pub 
lic  of  these  almost  certain  results  of  success  in 
the  present  conflict.  They  talk  but  little  in  the 
existing  emergency,  even  of  the  original  cause  of 
the  quarrel.  The  most  ordinary  policy  teaches 
them  to  inscribe  on  their  banner  that  part  only 
of  their  known  principles  in  which  their  sup 
porters  are  unanimous.  The  preservation  of  the 
Union  is  an  object  about  which  the  North  ar« 


plains,  adhered 


DOCUMENTS. 


221 


agreed ;  and  it  has  many  adherents,  as  they  be 
lieve,  in  the  South  generally.  That  nearly  half 
the  population  of  the  Border  slave  States  are  in 
favor  of  it  is  a  patent  fact,  since  they  are  now 
fighting  in  its  defence.  It  is  not  probable  that 
they  would  be  willing  to  fight  directly  against 
slavery.  The  Republicans  well  know  that  if 
they  can  reestablish  the  Union  they  gain  every 
thing  for  which  they  originally  contended :  and 
it  would  be  a  plain  breach  of  faith  with  the 
Southern  friends  of  the  Government,  if,  after 
rallying  them  around  its  standard  for  a  purpose 
of  which  they  approve,  it  were  suddenly  to  al 
ter  its  terms  of  communion  without  their  con 
sent. 

But  the  parties  in  a  protracted  civil  war  al 
most  always  end  by  taking  more  extreme,  not  to 
say  higher  grounds  of  principle  than  they  began 
with.  Middle  parties  and  friends  of  compromise 
are  soon  left  behind ;  and  if  the  writers  who  so 
severely  criticise  the  present  moderation  of  the 
free-soilers  are  desirous  to  see  the  war  become 
an  abolition  srar,  it  is  probable  that  if  the  war 
lasts  long  enough  they  will  be  gratified.  With 
out  the  smallest  pretension  to  see  further  into 
futurity  than  other  people,  I  at  least  have  fore 
seen  and  foretold  from  the  first  that  if  the  South 
were  not  promptly  put  down,  the  contest  would1 
become  distinctly  an  anti-slavery  one ;  nor  do  I 
believe  that  any  person  accustomed  to  reflect  on 
the  course  of  human  affairs  in  troubled  times 
can  expect  anything  else.  Those  who  have  read, 
even  cursorily,  the  most  valuable  testimony  to 
which  the  English  public  have  access,  concern 
ing  the  real  state  of  affairs  in  America — the  let 
ters  of  The  Times  correspondent,  Mr.  Russell — 
must  have  observed  how  early  and  rapidly  he 
arrived  at  the  same  conclusion,  and  with  what 
increasing  emphasis  he  now  continually  reiter 
ates  it.  In  one  of  his  recent  letters  he  names 
the  end  of  next  summer  as  the  period  by  which, 
if  the  war  has  not  sooner  terminated,  it  will 
have  assumed  a  complete  anti-slavery  character. 
So  early  a  term  exceeds,  I  confess,  my  most 
sanguine  hopes  ;  but  if  Mr.  Russell  be  right, 
Heaven  forbid  that  the  war  should  cease  sooner, 
for  if  it  lasts  till  then,  it  is  quite  possible  that  it 
will  regenerate  the  American  people. 

If,  however,  the  purposes  of  the  North  may 
be  doubted  or  misunderstood,  there  is  at  least 
no  question  as  to  those  of  the  South.  They 
make  no  concealment  of  their  principles.  As 
long  as  they  were  allowed  to  direct  all  the  policy 
of  the  Union;  to  break  through  compromise 
after  compromise,  encroach  step  after  step,  until 
they  reached  the  pitch  of  claiming  a  right  to 
carry  slave  property  into  the  Free  States,  and,  in 
opposition  to  the  laws  of  those  States,  hold  it  as 
property  there ;  so  long,  they  were  willing  to 
remain  in  the  Union.  The  moment  a  President 
was  elected  of  whom  it  was  inferred  from  his 
opinions,  not  that  he  would  take  any  measures 
against  slavery  where  it  exists,  but  that  he 
would  oppose  its  establishment  where  it  exists 
not — that  moment  they  broke  loose  from  what 
was,  at  least,  a  very  solemn  contract,  and  formed 

SUP.  Doc.  14 


themselves  into  a  Confederation  professing  as  its 
fundamental  principle  not  merely  the  perpetua 
tion,  but  the  indefinite  extension  of  slavery. 
And  the  doctrine  is  loudly  preached '  through  v- 
the  new  Republic,  that  slavery,  whether  black 
or  white,  is  a  good  in  itself,  and  the  proper  con 
dition  of  the  working  classes  everywhere. 

Let  me,  in  a  few  words,  remind  the  reader 
what  sort  of  a  thing  this  is,  which  the  white 
oligarchy  of  the  South  have  banded  themselves 
together  to  propagate,  and  establish  if  they  could, 
universally.  When  it  is  wished  to  describe  any 
portion  of  the  human  race  as  in  the  lowest  state 
of  debasement,  and  under  the  most  cruel  oppres-  ^ 
sion,  in  which  it  is  possible  for  human  beings  to 
live,  they  are  compared  to  slaves.  When  words 
are  sought  by  which  to  stigmatize  the  most  odi 
ous  despotism,  exercised  in  the  most  odious  man 
ner,  and  all  other  comparisons  are  found  inade 
quate,  the  despots  are  said  to  be  like  slave-mas 
ters,  or  slave-drivers.  What,  by  a  rhetorical 
license,  the  worst  oppressors  of  the  human  race, 
by  way  of  stamping  on  them  the  most  hateful 
character  possible,  are  said  to  be,  these  men,  in 
very  truth,  are.  I  do  not  mean  that  all  of  them 
are  hateful  personally,  any  more  than  all  the  in 
quisitors,  or  all  the  buccaneers.  But  the  position 
which  they  occupy,  and  the  abstract  excellence 
of  which  they  are  in  arms  to  vindicate,  is  that 
which  the  united  voice  of  mankind  habitually  se 
lects  as  the  type  of  all  hateful  qualities.  I  will 
not  bandy  chicanery  about  the  more  or  less  of 
stripes  or  other  torments  which  are  daily  requi 
site  to  keep  the  machine  in  working  order,  nor 
discuss  whether  the  Legrees  or  the  St.  Glairs  are 
more  numerous  among  the  slave-owners  of  the 
Southern  States.  The  broad  facts  of  the  case 
suffice.  One  fact  is  enough.  There  are,  heaven 
knows,  vicious  and  tyrannical  institutions  in  am 
ple  abundance  on  the  earth.  But  this  institution 
is  the  only  one  of  them  all  which  requires,  to 
keep  it  going,  that  human  beings  should  be 
burned  alive.  The  calm  and  dispassionate  Mr. 
Olmsted  affirms  that  there  has  not  been  a  single 
year,  for  many  years  past,  in  which  this  horror 
is  not  known  to  have  been  perpetrated  in  some 
part  or  other  of  the  South.  And  not  upon  ne 
groes  only ;  the  Edinburgh  Review,  in  a  recent 
number,  gave  the  hideous  details  of  the  burning 
alive  of  an  unfortunate  Northern  huckster  by 
Lynch  law,  on  the  mere  suspicion  of  having  aided 
in  the  escape  of  a  slave.  What  must  American 
slavery  be,  if  deeds  like  these  are  necessary  under 
it?  and  if  they  are  not  necessary  and  are  yet 
done,  is  not  the  evidence  against  slavery  still 
more  damning  ?  The  South  are  in  rebellion  not 
for  simple  slavery ;  they  are  in  rebellion  for  the 
right  of  burning  human  creatures  alive. 

But  we  are  told,  by  a  strange  misapplication  of 
a  true  principle,  that  the  South  had  a  right  to 
separate ;  that  their  separation  ought  to  have 
been  consented  to,  the  moment  they  showed 
themselves  ready  to  fight  for  it;  and  that  the 
North,  in  resisting  it,  are  committing  the  same 
error  and  wrong  which  England  committed  in 
opposing  the  original  separation  of  the  thirteen 


222 


REBELLION  RECORD,  1860-61. 


colonies.  This  is  carrying  the  doctrine  of  the  sa 
cred  right  of  insurrection  rather  far.  It  is  won 
derful  how  easy  and  liberal  and  complying  people 
can  be  in  other  people's  concerns.  Because  they 
are  willing  to  surrender  their  own  past,  and  have 
no  objection  to  join  in  reprobation  of  their  great 
grandfathers,  they  never  put  themselves  the  ques 
tion  wh.at  they  themselves  would  do  in  circum 
stances  far  less  trying,  under  far  less  pressure  of 
real  national  calamity.  Would  those  who  profess 
these  ardent  revolutionary  principles  consent  to 
their  being  applied  to  Ireland,  or  India,  or  the 
Ionian  Islands?  How  have  they  treated  those 
who  did  attempt  so  to  apply  them  ?  But  the  case 
can  dispense  with  any  mere  argumentum  ad  hom- 
inem.  I  am  not  frightened  at  the  word  rebellion. 
I  do  not  scruple  to  say  that  I  have  sympathized 
more  or  less  ardently  with  most  of  the  rebellions, 
successful  and  unsuccessful,  which  have  taken 
place  in  my  time.  But  I  certainly  never  con 
ceived  that  there  was  a  sufficient  title  to  my  sym 
pathy  in  the  mere  fact  of  being  a  rebel ;  that  the 
act  of  taking  arms  against  one's  fellow-citizens 
was  so  meritorious  in  itself,  was  so  completely  its 
own  justification,  that  no  question  need  be  asked 
concerning  the  motive.  It  seems  to  me  a  strange 
doctrine  that  the  most  serious  and  responsible  of 
all  human  acts  imposes  no  obligation  on  those 
who  do  it  of  showing  that  they  have  a  real  griev 
ance  ;  that  those  who  rebel  for  the  power  of  op 
pressing  others  exercise  as  sacred  a  right  as  those 
who  do  the  same  thing  to  resist  oppression  prac 
tised  upon  themselves.  Neither  rebellion  nor 
any  other  act  which  affects  the  interests  of  others 
is  sufficiently  legitimated  by  the  mere  will  to  do 
it.  Secession  may  be  laudable,  and  so  may  any 
other  kind  of  insurrection ;  but  it  may  also  be  an 
enormous  crime.  It  is  the  one  or  the  other,  ac 
cording  to  the  object  and  the  provocation.  And 
if  there  ever  was  an  object  which,  by  its  bare  an 
nouncement,  stamped  rebels  against  a  particular 
community  as  enemies  of  mankind,  it  is  the  one 
professed  by  the  South.  Their  right  to  separate 
is  the  right  which  Cartouche  or  Turpin  would 
have  had  to  secede  from  their  respective  coun 
tries,  because  the  laws  of  those  countries  would 
not  suffer  them  to  rob  and  murder  on  the  high 
way.  The  only  real  difference  is  that  the  present 
rebels  are  more  powerful  than  Cartouche  or  Tur 
pin,  and  may  possibly  be  able  to  effect  their  in 
iquitous  purpose. 

Suppose,  however,  for  the  sake  of  argument, 
that  the  mere  will  to  separate  were  in  this  case, 
or  in  any  case,  a  sufficient  ground  for  separation, 
I  beg  to  be  informed  whose  will  ?  The  will  of  any 
knot  of  men  who,  by  fair  means  or  foul,  by  usurp 
ation,  terrorism,  or  fraud,  have  got  the  reins  of 
government  into  their  hands  ?  If  the  inmates  of 
Parkhurst  Prison  were  to  get  possession  of  the 
Isle  of  Wight,  occupy  its  military  positions,  enlist 
one  part  of  its  inhabitants  in  their  own  ranks,  set 
the  remainder  of  them  to  work  in  chain-gangs, 
and  declare  themselves  independent,  ought  their 
recognition  by  the  British  Government  to  be  an 
immediate  consequence?  Before  admitting  the 
authority  of  any  persons,  as  organs  of  the  will  of 


the  people,  to  dispose  of  the  whole  political  exist 
ence  of  a  country,  I  ask  to  see  whether  their  cre 
dentials  are  from  the  whole  or  only  from  a  part 
And  first,  it  js  necessary  to  ask,  Have  the  slaves 
been  consulted?  Has  their  will  been  counted  as 
any  part  in  the  estimate  of  collective  volition  ? 
They  are  a  part  of  the  population. 

However  natural  in  the  country  itself,  it  is 
rather  cool  in  English  writers  who  talk  so  glibly 
of  the  ten  millions,  (I  believe  there  are  only 
eight,)  to  pass  over  the  very  existence  of  four  mil 
lions  who  must  abhor  the  idea  of  separation.  Re 
member,  we  consider  them  to  be  human  beings, 
entitled  to  human  rights.  Nor  can  it  be  doubted 
that  the  mere  fact  of  belonging  to  a  Union  in 
some  parts  of  which  slavery  is  reprobated  is  some 
alleviation  of  their  condition,  if  only  as  regards 
future  probabilities.  But  even  of  the  white  pop 
ulation,  it  is  questionable  if  there  was  in  the  be 
ginning  a  majority  for  secession  anywhere  but  in 
South-Carolina.  Though  the  thing  was  pre-de- 
termined,  and  most  of  the  States  committed  by 
their  public  authorities  before  the  people  were 
called  on  to  vote ;  though  in  taking  the  votes  ter 
rorism  in  many  places  reigned  triumphant ;  yet 
even  so,  in  several  of  the  States,  secession  was 
carried  only  by  narrow  majorities.  In  some  the 
authorities  have  not  dared  to  publish  the  num 
bers  ;  in  some  it  is  asserted  that  no  vote  has  ever 
been  taken.  Further,  (as  was  pointed  out  in  an 
admirable  letter  by  Mr.  Carey,)  the  Slave  States 
are  intersected  in  the  middle,  from  their  northern 
frontier  almost  to  the  Gulf  of  Mexico,  by  a  coun 
try  of  free  labor — the  mountain  region  of  the  Al- 
leghanies  and  their  dependencies,  forming  parts 
of  Virginia,  North-Carolina,  Tennessee,  Georgia, 
and  Alabama,  in  which,  from  the  nature  of  the 
climate  and  of  the  agricultural  and  mining  indus 
try,  slavery  to  any  material  extent  never  did  and 
never  will  exist.  This  mountain  zone  is  peopled 
by  ardent  friends  of  the  Union.  Could  the  Union 
abandon  them,  without  even  an  effort,  to  be  dealt 
with  at  the  pleasure  of  an  exasperated  slave-own 
ing  oligarchy  ?  Could  it  abandon  the  Germans 
who,  in  Western  Texas,  have  made  so  meritorious 
a  commencement  of  growing  cotton  on  the  bor 
ders  of  the  Mexican  Gulf  by  free  labor?  Were 
the  right  of  the  slave-owners  to  secede  ever  so 
clear,  they  have  no  right  to  carry  these  with 
them ;  unless  allegiance  is  a  mere  question  of 
local  proximity,  and  my  next  neighbor,  if  I  am  a 
stronger  man,  can  be  compelled  to  follow  me  in 
any  lawless  vagaries  I  choose  to  indulge. 

But  (it  is  said)  the  North  will  never  succeed  in 
conquering  the  South ;  and  since  the  separation 
must  in  the  end  be  recognised,  it  is  better  to  do 
at  first  what  must  be  done  at  last ;  moreover,  if 
it  did  conquer  them,  it  could  not  govern  them 
when  conquered,  consistently  with  free  institu 
tions.  With  no  one  of  these  propositions  can  I 
agree. 

Whether  or  not  the  Northern  Americans  will 
succeed  in  reconquering  the  South,  I  do  not  affect 
to  foresee.  That  they  can  conquer  it,  if  their 
present  determination  holds,  I  have  never  enter 
tained  a  doubt ;  for  they  are  twice  as  numerous. 


DOCUMENTS. 


223 


and  ten  or  twelve  times  as  rich.  Not  by  taking 
military  possession  of  their  country,  or  marching 
an  army  through  it,  but  by  wearing  them  out, 
exhausting  their  resources,  depriving  them  of  the 
comforts  of  life,  encouraging  their  slaves  to  desert, 
and  excluding  them  from  communication  with 
foreign  countries.  All  this,  of  course,  depends  on 
the  supposition  that  the  North  does  not  give  in 
first.  Whether  they  will  persevere  to  this  point, 
or  whether  their  spirit,  their  patience,  and  the 
sacrifices  they  are  willing  to  make,  will  be  ex 
hausted  before  reaching  it,  I  cannot  tell.  They 
may,  in  the  end,  be  wearied  into  recognising  the 
separation.  But  to  those  who  say  that  because 
this  may  have  to  be  done  at  last,  it  ought  to  have 
been  done  at  first,  1  put  the  very  serious  question  : 
On  what  terms  ?  Have  they  ever  considered 
what  would  have  been  the  meaning  of  separation 
if  it  had  been  assented  to  by  the  Northern  States 
when  first  demanded  ?  People  talk  as  if  separa 
tion  meant  nothing  more  than  the  independence 
of  the  seceding  States.  To  have  accepted  it  under 
that  limitation  would  have  been,  on  the  part  of 
the  South,  to  give  up  that  w^hich  they  have  se 
ceded  expressly  to  preserve.  Separation,  with 
them,  means  at  least  half  the  Territories,  includ 
ing  the  Mexican  border,  and  the  consequent 
power  of  invading  and  overrunning  Spanish  Ame 
rica,  for  the  purpose  of  planting  there  the  "  pecu 
liar  institution,"  which  even  Mexican  civilisation 
has  found  too  bad  to  be  endured.  There  is  no 
knowing  to  what  point  of  degradation  a  country 
may  be  driven  in  a  desperate  state  of  its  affairs ; 
but  if  the  North  ever,  unless  on  the  brink  of  actual 
ruin,  makes  peace  with  the  South,  giving  up  the 
original  cause  of  quarrel,  the  freedom  of  the  Ter 
ritories  ;  if  it  resigns  to  them,  when  out  of  the 
Union,  that  power  of  evil  which  it  would  not  grant 
to  retain  them  in  the  Union  —  it  will  incur  the 
pity  and  disdain  of  posterity.  And  no  one  can 
suppose  that  the  South  would  have  consented,  or 
in  their  present  temper  ever  will  consent,  to  an 
accommodation  on  any  other  terms.  It  will  re 
quire  a  succession  of  humiliations  to  bring  them 
to  that.  The  necessity  of  reconciling  themselves 
to  the  confinement  of  slavery  within  its  existing 
boundaries,  with  the  natural  consequence,  imme 
diate  mitigation  of  slavery  and  ultimate  emanci 
pation,  is  a  lesson  which  they  are  in  no  mood  to 
learn  from  anything  but  disaster.  Two  or  three 
defeats  in  the  field,  breaking  their  military 
strength,  though  not  followed  by  an  invasion  of 
their  territory,  may  possibly  teach  it  to  them.  If 
so,  there  is  no  breach  of  charity  in  hoping  that 
this  severe  schooling  may  promptly  come.  When 
men  set  themselves  up,  in  defiance  of  the  rest  of 
the  world,  to  do  the  devil's  work,  no  good  can 
come  of  them  until  the  world  has  made  them  feel 
that  this  work  cannot  be  suffered  to  be  done  any 
longer.  If  this  knowledge  does  not  come  to  them 
for  several  years,  the  abolition  question  will  by 
that  time  have  settled  itself;  for  assuredly  Con 
gress  will  very  soon  make  up  its  mind  to  declare 
all  slaves  free  who  belong  to  persons  in  arms 
against  the  Union.  When  that  is  done,  slavery, 
to  a  minority,  will  soon  cure  itself  j  and 


the  pecuniary  value  of  the  negroes  belonging  to 
loyal  masters  will  probably  not  exceed  the 
amount  of  compensation  which  the  United  States 
will  be  willing  and  able  to  give. 

The  assumed  difficulty  of  governing  the  South 
ern  States  as  free  and  equal  commonwealths,  in 
case  of  their  return  to  the  Union,  is  purely  im 
aginary.  If  brought  back  by  force,  and  not  by 
voluntary  compact,  they  will  return  without  the 
Territories,  and  without  a  Fugitive  Slave  Law. 
It  may  be  assumed  that  in  that  event  the  victo 
rious  party  would  make  the  alterations  in  the 
Federal  Constitution  which  are  necessary  to 
adapt  it  to  the  new  circumstances,  and  which 
would  not  infringe,  but  strengthen,  its  democratic 
principles.  An  article  would  have  to  be  inserted 
prohibiting  the  extension  of  slavery  to  the  Terri 
tories,  or  the  admission  into  the  Union  of  any 
new  Slave  State.  Without  any  other  guarantee, 
the  rapid  formation  of  new  Free  States  would 
ensure  to  freedom  a  decisive  and  constantly  in 
creasing  majority  in  Congress.  It  would  also  be 
right  to  abrogate  that  bad  provision  of  the  Con 
stitution  (a  necessary  compromise  at  the  time 
of  its  first  establishment)  whereby  the  slaves, 
though  reckoned  as  citizens  in  no  other  respect, 
are  counted,  to  the  extent  of  three  fifths  of  their 
number,  in  the  estimate  of  their  population  for 
fixing  the  number  of  representatives  of  each  State 
in  the  Lower  House  of  Congress.  Why  should 
the  masters  have  members  in  right  of  their  human 
chattels,  an}*"  more  than  of  their  oxen  and  pigs  ? 
The  President,  in  his  Message,  has  already  pro 
posed  that  this  salutary  reform  should  be  effected 
in  the  case  of  Maryland,  additional  territory,  de 
tached  from  Virginia,  being  given  to  that  State 
as  an  equivalent:  thus  clearly  indicating  the 
policy  which  he  approves,  and  which  he  is  pro 
bably  willing  to  make  universal. 

As  it  is  necessary  to  be  prepared  for  all  possi 
bilities,  let  us  now  contemplate  another.  Let  us 
suppose  the  worst  possible  issue  of  this  war — the 
one  apparently  desired  by  those  English  writers 
whose  moral  feeling  is  so  philosophically  indiffer 
ent  between  the  apostles  of  slavery  and  its  ene 
mies.  Suppose  that  the  North  should  stoop  to 
recognise  the  new  confederation  on  its  own  terms, 
leaving  it  half  the  Territories,  and  that  it  is  ac 
knowledged  by  Europe,  and  takes  its  place  as  an 
admitted  member  of  the  community  of  nations. 
It  will  be  desirable  to  take  thought  beforehand 
what  are  to  be  our  own  future  relations  with  a 
new  power,  professing  the  principles  of  Attila 
and  Genghis  Khan  as  the  foundation  of  its  con 
stitution.  Are  we  to  see  with  indifference  its 
victorious  army  let  loose  to  propagate  their  na 
tional  faith  at  the  rifle's  mouth  through  Mexico 
and  Central  America?  Shall  we  submit  to  see 
fire  and  sword  carried  over  Cuba  and  Porto  Rico, 
and  Hayti  and  Liberia  conquered  and  brought 
back  to  slavery  ?  We  shall  soon  have  causes 
enough  of  quarrel  on  our  own  account  When 
we  are  in  the  act  of  sending  an  expedition  against 
Mexico  to  redress  the  wrongs  of  private  British 
subjects,  we  should  do  well  to  reflect  in  time  that 
the  President  of  the  new  Republic,  Mr.  Jefferson 


224 


REBELLION  RECORD,  1860-61. 


Davis,  was  the  original  inventor  of  repudiation. 
Mississippi  was  the  first  State  which  repudiated. 
Mr.  Jefferson  Davis  was  Governor  of  Mississippi, 
and  the  Legislature  of  Mississippi  had  passed  a 
bill  recognising  and  providing  for  the  debt,  which 
bill  Mr.  Jefferson  Davis  vetoed.     Unless  we  aban 
don   the  principles  we  have  for  two  generations 
consistently  professed  and  acted  on,  we  should 
be  at  war  with  the  new  Confederacy  within  five 
years  about  the  African  slave-trade.     An  English 
Government  will   hardly  be  base  enough  to  re 
cognise  them,  unless  they  accept  all  the  treaties 
by  which  America  is  at  present  bound ;  nor,  it 
may   be   hoped,  even   if  de  facto  independent, 
would  they  be  admitted  to  the  courtesies  of  diplo-  j 
matic   intercourse,  unless   they   granted   in  the  i 
most  explicit   manner  the  right  of  search.     To  j 
allow  the  slave-ships  of  a  confederation  formed  j 
for  the  extension  of  slavery  to  come  and  go  free, 
and  unexamined,  between  America  and  the  Afri 
can  coast,  would    be  to  renounce  even  the  pre 
tence  of  attempting  to  protect  Africa  against  the 
man-stealer,  and  abandon  that  continent  to  the 
horrors,  on  a  far  larger  scale,  which  were  prac 
tised  before  Granville  Sharp  and  Clarkson  were 
in  existence.     But  even  if  the  right  of  intercept 
ing  their  slavers  were  acknowledged  by  treaty,  ! 
which  it  never  would   be,  the  arrogance  of  the  ; 
Southern  slaveholders  would  not  long  submit  to  j 
its  exercise.     Their  pride  and  self-conceit,  swelled  j 
to  an  inordinate  height  by  their  successful  strug-  j 
gle,  would  defy  the  power  of  England  as  they  had  ! 
already  successfully  defied  that  of  their  Northern 
countrymen.     After  our  people,  by  their  cold  dis 
approbation,  and  our  press  by  its  invective,  had 
combined  with  their  own  difficulties  to  damp  the 
spirit  of  the  Free  States,  and  drive  them  to  sub 
mit  and  make  peace,  we  should  have  to  fight  the 
Slave  States   ourselves  at  far  greater  disadvan 
tages,  when  we  should  no  longer  have  the  wearied 
and  exhausted  North  for  an  ally.     The  time  might 
come  when  the  barbarous  and  barbarizing  Power, 
which  we  by  our  moral  support  had  helped  into 
existence,  would   require   a   general   crusade  of 
civilized  Europe,  to  extinguish  the  mischief  which 
it  had  allowed,  and  we  had  aided,  to  rise  up  in 
the  midst  of  our  civilisation. 

For  these  reasons  I  cannot  join  with  those  who 
cry,  peace,  peace.  I  cannot  wish  that  this  war 
should  not  have  been  engaged  in  by  the  North, 
or  that  being  engaged  in,  it  should  be  terminated 
on  any  conditions  but  such  as  would  retain  the 
whole  of  the  territories  as  free  soil.  I  am  not 
blind  to  the  possibility  that  it  may  require  a  long 
war  to  lower  the  arrogance  and  tame  the  aggros 
sive  ambition  of  the  slave-owners,  to  the  point  of 
either  returning  to  the  Union,  or  consenting  to 
remain  out  of  it  with  their  present  limits.  But 
war,  in  a  good  cause,  is  not  the  greatest  evil 
which  a  nation  can  suffer.  AVar  is  an  ugly  thing, 
but  not  the  ugliest  of  things :  the  decayed  and  de 
graded  state  of  moral  and  patriotic  feeling  which 
thinks  nothing  worth  a  war,  is  worse.  When  a 
people  are  used  as  mere  human  instruments  for 
firing  cannon  or  thrusting  bayonets,  in  the  serv 
ice  and  for  the  selfish  purposes  of  a  master,  such 


war  degrades  a  people.  A  war  to  protect  other 
human  beings  against  tyrannical  injustice;  a  war 
to  give  victory  to  their  own  ideas  of  right  and  good, 
and  which  is  their  own  war,  carried  on  for  an  lion 
est  purpose  by  their  free  choice — is  often  the  means 
of  their  regeneration.  A  man  who  has  nothing 
which  he  is  willing  to  fight  for,  nothing  which  Ivo 
cares  more  about  than  he  does  about  his  personal 
safety,  is  a  miserable  creature  who  has  no  chance 
of  being  free,  unless  made  and  kept  so  by  the  exer 
tions  of  better  men  than  himself.  As  long  as  just 
ice  and  injustice  have  not  terminated  their  ever-re 
newing  fight  for  ascendency  in  the  affairs  of  man 
kind,  human  beings  must  be  willing,  when  need 
is,  to  do  battle  for  the  one  against  the  other.  T 
am  far  from  saying  that  the  present  struggle,  on 
the  part  of  the  Northern  Americans,  is  wholly 
of  this  exalted  character ;  that  it  has  arrived  at 
the  stage  of  being  altogether  a  war  for  justice,  a 
war  of  principle.  But  there  was  from  the  begin 
ning,  and  now  is,  a  large  infusion  of  that  element 
in  it;  and  this  is  increasing,  will  increase,  and 
if  the  war  lasts,  will  in  the  end  predominate. 
Should  that  time  come,  not  only  will  the  greatest 
enormity  which  still  exists  among  mankind  as 
an  institution,  receive  far  earlier  its  coup  de  grace 
than  there  has  ever,  until  now,  appeared  any  pro 
bability  of;  but  in  effecting  this  the  Free  States 
will  have  raised  themselves  to  that  elevated  posi 
tion  in  the  scale  of  morality  and  dignity,  which 
is  derived  from  great  sacrifices  consciously  made 
in  a  virtuous  cause,  and  the  sense  of  inestimable 
benefit  to  all  future  ages,  brought  about  by  their 
own  voluntary  efforts. 


Doc.  38. 

CATHOLICS    IN    MASSACHUSETTS    REGI 
MENTS. 

IMPORTANT  ORDER  FROM  GOT.  ANDREW. 

COMMONWEALTH  OF  MASSACHUSETTS,  ( 
HEADQUARTERS,  BOSTON,  Sept.  14,  1861.      J 

COLONEL  :  It  has  been  represented  to  me  that 
the  Roman  Catholic  soldiers  in  the  Massachusetts 
regiments  have  been  frequently  debarred  the  privi 
lege  of  attending  public  worship,  conducted  ac 
cording  to  the  rites  of  their  Church,  when  it  might 
have  been  easily  accorded  to  them  ;  and  the  motive 
of  this  action  on  the  part  of  their  officers  is  natur 
ally  attributed,  by  some  persons,  to  sectarian  pre 
judice  and  religious  bigotry. 

It  is  one  of  the  misfortunes  of  a  state  of  war, 
that  the  exercise  of  the  most  precious  rights  must 
often  be  denied,  by  the  exigencies  of  discipline 
and  of  the  service  ;  and  that  it  must  often  be  im 
possible  to  allow  officers  or  men  to  leave  their 
quarters,  even  to  discharge  the  sacred  duty  of  at 
tendance  on  Divine  worship.  And  I  am  more 
over  advised  that  if  any  man  has  been  denied  this 
liberty  at  any  time  when  it  might  reasonably  have 
been  granted,  this  has  not  been  from  any  inclina 
tion  to  interfere  with  the  rights  of  conscience,  but 
from  a  mistaken  estimate  of  the  strictness  of  dis 
cipline  required  at  the  time. 


DOCUMENTS. 


225 


By  the  appointment  to  each  regiment  of  a  Chap 
lain  selected  by  the  field-officers  and  company 
commanders,  it  has  been  sought  to  remedy,  as  far 
as  possible,  this  difficulty,  and  provide  for  the 
spiritual  wants  of  the  troops ;  but  if  in  any  regi 
ment  there  are  soldiers  whose  religious  convic 
tions  prevent  them  from  attending  on  the  regi 
mental  services,  I  trust  that,  whenever  an  oppor 
tunity  offers,  and  the  men  can  be  allowed  to  be 
absent,  the  commanders  of  regiments  will  per 
ceive  the  importance  of  aiding  them  in  their  de 
sire  to  attend  the  services  of  their  own  churches, 
and  would  suggest  that  they  might  be  sent  in 
squads,  under  command  of  an  officer  detailed  for 
that  duty. 

If  other  men,  amid  the  bustle  of  life,  are  often 
forgetful  of  their  obligations  to  God,  a  devout 
frame  of  mind  should  certainly  be  encouraged  in 
the  soldier,  who  may  be  at  any  moment  called 
into  his  immediate  presence ;  and  those  who  are 
mindful  of  their  duty  to  Him,  will  ever  be  found 
to  be  the  best  soldiers  in  a  good  cause,  since  they 
are  the  best  men  everywhere,  truly  regarding  the 
rights  of  others,  from  a  sense  of  moral  rectitude, 
and  brave  before  the  face  of  all  danger  and  every 
foe,  as  the  dread  of  doing  wrong  casts  out  all 
other  fear.  JOHN  A.  ANDREW, 

Commander-ln-Chief. 


Doc.  39. 

LETTER      OF      JOSEPH      SEGAR     TO     A 
FRIEND   IN   VIRGINIA, 

IN  VINDICATION   OP  HIS    COURSE    IN    DECLINING    TO 
FOLLOW  HIS  STATE  INTO  SECESSION.* 

BOSTON,  November  3, 1861. 


My  DEAR 


You  urge  me,  on  account  of  my  distressed  wife 
and  children,  to  return  to  Virginia,  if  I  can  possi 
bly,  and  with  characteristic  generosity,  you  offer 
to  divide  with  them  and  me  your  humble  home. 
God  knows  that,  next  to  peace  for  our  afflicted 
country,  the  fondest  wish  of  my  heart  is  to  be 
once  more  with  the  loved  ones  who,  as  you  truly 
say,  once  made  my  home  so  happy.  But  we  can 
never  meet  on  the  soil  of  our  native  land,  at  least 
during  the  continuance  of  this  unhappy  war ;  nor 
shall  we  ever,  save  on  some  blessed  spot  where 
waves  that  proud  emblem  of  protecting  power, 
the  Stars  and  Stripes. 

All  considerations  of  mere  personal  safety 
aside,  the  conditions  on  which  I  am  advised  I 
may  return  to  Virginia  and  be  safe,  are  totally 
inadmissible. 

Those  conditions  are,  first,  that  I  go  by  flag  of 
truce  to  Norfolk,  and  there  obtain  from  Gen.  Hu- 

*  This  letter  was  addressed  by  the  Hon.  Joseph  Segar  to  a 
relative  of  his  wife  in  Virginia,  in  vindication  of  his  course  in  re 
gard  to  the  secession  of  his  State-,  and  was  sent  by  him  to  Alex 
andria,  to  be  read  before  the  Union  Association  of  that  city,  in 
lieu  of  an  address  which  Mr.  S.  had  engaged  to  deliver  before 
the  Association,  but  which  his  engagements  prevented  him  from 
making.  The  vindication  being  regarded  an  entirely  successful 
une,  and  equally  applying  to  others  of  his  fellow-citizens  simi 
larly  involved,  a  number  of  the  latter  desired  and  requested  its 
publication,  and  hence,  with  the  consent  of  the  author,  it  is 
given  to  the  uublic. 


ger  a  guard  of  protection  ;  secondly,  that  under 
that  guard  I  proceed  to  Richmond,  and  there  take 
the  oath  of  allegiance  to  Virginia  before  Gov. 
Letcher;  and  thirdly,  that  I  also  take  there,  be 
fore  President  Davis,  the  oath  of  allegiance  to  tho 
confederate  States  of  America. 

I  regret  that  I  find  it  impossible  to  comply 
with  these  hard  terms.  I  can  accept  no  guard 
from  Gen.  Huger,  nor  from  any  one  else  who 
dares,  in  the  land  of  Washington  and  Henry,  up 
lift  the  flag  of  the  confederate  States.  When  I 
tread  the  soil  of  Virginia,  I  must  tread  it  free  as 
the  air  I  quaff,  with  no  guard  to  make  me  feel  the 
humiliation  of  a  craven  slave,  with  "none  to 
make  me  afraid." 

Still  less  can  I  submit  to  the  humiliation  of 
taking  the  oath  of  allegiance  to  the  land  of  my 
birth.  There  is  no  need  that  I  should  ;  I  have 
never  been  disloyal  to  my  State — no,  never.  I 
have  but  obeyed  her  highest  law.  She  made  the 
Constitution  of  the  United  States  a  part  of  her 
own  State  Constitution,  and  she  prescribed  that 
great  masterpiece  of  human  wisdom  to  me  as  a 
rule  of  my  political  conduct,  and  she  prescribed 
it  to  me  as  a  supreme  rule.  She  gave  it  to  me 
with  two  very  marked  provisions  in  it :  first,  that 
the  laws  made  in  pursuance  of  it  should  be  the 
supreme  law  of  the  land,  "anything  in  her  own 
State  Constitution  or  laws  to  the  contrary  not 
withstanding  ;"  secondly,  that  it  should  not  be  in 
any  respect  changed  except  by  the  consent  of 
three  fourths  of  all  the  States,  in  general  conven 
tion  or  legislative  body  assembled. 

The  first  of  these  provisions  is  too  plain  to  be 
misconstrued.  It  tells  me,  in  terms  so  plain  that 
school-children  may  understand,  that  in  a  con- 
iict  between  the  Constitution  and  laws  of  the 
United  States  on  the  one  hand,  and  those  of  my 
State  on  the  other,  I  must  give  up  the  latter  and 
stand  by  the  former.  This  is  just  what  I  am 
doing.  I  am  obeying  my  State's  commands ;  I 
am  standing  by  that  higher  law  which  she  her 
self  laid  down  for  my  guide,  and  disobedience  to 
which  is  double  disloyalty — disloyalty  to  her  and 
disloyalty  to  the  Government  of  the  Union,  which 
she,  in  the  plenitude  of  her  power,  bade  me  regard 
is  supreme.  Wherein,  then,  have  I  been  disloyal 
to  my  State  ?  She  had  the  undoubted  right  to 
ssue  to  me  her  commands ;  am  I  disloyal  to  her 
when  I  execute  those  commands  to  the  letter  ? 

The  second  provision  quoted  is  not  less  expli 
cit.  That  Constitution  which  my  State  prescribed 
;o  me  as  a  supreme  rule  is  not  to  be  altered,  as 
she  herself  stipulated,  except  by  the  assent  of 
three  fourths  of  all  her  sister  States.  Is  not  this 
provision  as  much  prescribed  to  me,  and  as  bind- 
'ng  on  me,  as  any  other?  Did  not  my  State, 
(vhen  she  gave  me  this  new  rule,  order  mo  to 
^uide  myself  by  it,  to  cling  to  it,  to  stand  by  it 
and  up  to  it,  until  it  should  be  altered  by  three 
*burths  of  all  the  States  ?  Was  it  not  to  remain 
t  supreme  rule,  until  thus  altered  ? 

This  inquiry,  then,  only  arises :  Has  the  Con 
stitution  been  changed  by  a  three  fourths  major- 
ty?  It  has  not.  What  then?  Why  this, 
surely :  that  not  having;  been  altered  in  the  only 


220 


REBELLION  RECORD,  1860-1. 


mode  in  which  it  can  be  legally  altered,  it  is  bind 
ing,  in  it-s  original  form,  with  agreed  amend 
ments,  upon  my  State,  and  upon  each  and  every 
State,  and  upon  each  and  every  citizen  of  every 
State  that  was  living  under  the  Union  at  the  time 
of  its  formation,  and  that  has  lived  under  its 
blessed  jurisdiction  since.  And  it  will  continue 
to  be  so  binding,  until  the  form  of  the  instrument 
shall  have  been  changed  in  the  only  constitutional 
mode  prescribed. 

These  two  manifest  provisions,  then,  of  the 
Federal  Constitution  stamp  supremacy  upon  the 
Government  and  laws  of  the  Union,  as  visibly  as 
the  footprint  is  impressed  on  the  fresh-fallen 
snow. 

If  these  positions  be  well  taken,  it  follows,  as 
the  shadow  the  substance,  that  if  I  obey  an  order 
of  my  State  to  give  up  and  no  longer  acknowledge 
the  authority  of  the  Federal  Government,  I  allow 
myself  to  be  made  a  rebel  of,  and  if  I  take  up 
arms  against  it,  or  give  its  enemies  aid  and  com 
fort,  a  traitor.  My  State,  I  devoutly  believe  and 
solemnly  protest,  has  no  such  prerogative.  With 
all  her  broad  province  of  authority,  she  wants  the 
power  to  make  of  me  a  rebel  or  a  traitor,  against 
my  consent.  At  all  events,  as  I,  individually, 
am  to  be  held  responsible,  and  by  an  all-powerful 
government,  and  as,  in  a  case  of  personal  treason, 
my  neck,  and  not  my  State's,  is  to  feel  the  hal 
ter's  throttle,  I  have  thought  myself  free  to  keep 
on  safety's  side. 

But  I  am  told  that  my  State,  as  a  sovereign 
State,  has  the  legal  right  to  secede ;  in  other 
words,  to  break  up  the  Union  at  her  pleasure  ; 
and  that  all  true  and  patriotic  Virginians  are 
bound  to  follow  her,  and  will  follow  her,  no  mat 
ter  whither. 

This  doctrine,  so  flattering  to  State  pride,  I  con 
fess  I  have  not  been  altogether  averse  to  falling 
into  —  a  thing  not  very  unnatural  in  a  political 
community  in  which  the  Resolutions  of '98,  with 
extreme  interpretation,  alone  light  the  pathway 
of  political  aspirants ;  but  it  never  had  from  me 
that  assent  which  is  founded  in  deliberate  inves 
tigation  and  honest  conviction.  Not  until  this 
startling  issue  of  the  life  or  death  of  the  Govern 
ment  came  upon  us,  did  I  discharge  the  solemn 
duty  to  my  country  of  considering,  in  all  its  as 
pects  and  consequences,  this  doctrine  of  separate 
State  secession.  I  have  now  examined  it  fully, 
and  with  the  sole  view  of  learning  where  duty 
pointed  me ;  and  I  have  reached  a  conviction  un- 
obscured  by  the  shadow  of  a  single  doubt,  that 
no  obligation  to  my  State  binds  me  to  follow  in 
the  path  which  has  led  her  to  disunion.  She  has 
no  constitutional  power  to  release  herself  or  me 
from  the  bonds  of  that  paramount  allegiance  to 
the  Federal  Government,  with  which  she  bound 
herself,  and  me,  and  all  her  citizens. 

If  it  be  indeed  true  that  the  Constitution  and 
laws  of  the  Union  are  superior  to,  and  overrule, 
the  constitution  and  laws  of  the  separate  States — 
and  if  it  be  further  true  that  the  Constitution 
cannot  be  altered  except  in  a  particular  mode, 
which  particular  mode  has  not  been  resorted  to — 


supreme  powers  in  a  government  are  simply  im 
possible,  and  a  power  cannot  be  exercised  by  a 
single  State  which  is  delegated,  without  reserva 
tion,  to  three  fourths  of  a  certain  number  of 
States ;  and  so  this  doctrine  of  secession  is 
whirled  down  the  vortex  of  a  gulf  so  deep  that  no 
gurgle  is  heard  for  its  requiem. 

And  from  no  such  source  as  the  much  boasted 
one  of  State  sovereignty,  can  it  ever  rise  into  life. 
Since  the  Union  was  formed,  there  has  been  in 
our  system  no  such  thing  as  State  sovereignty. 
It  is  a  myth,  a  fancy,  as  ideal  as  Aladdin's  lamp 
or  the  philosopher's  stone.  Virginia,  as  a  State. 


cannot  declare  war,  nor  raise  an  army,  nor  main 
tain  a  navy,  nor  coin  a  copper  cent  or  a  silver 
dime,  nor  establish  a  post-office,  nor  lay  an  im 
port  or  export  duty,  nor  make  bank-notes  a  legal 
tender,  nor  suspend  the  habeas  corpus,  nor  abol 
ish  the  trial  by  jury,  nor  ordain  an  established 
religion,  nor  make  a  treaty,  nor  enter  into  an  alli 
ance  or  confederation,  nor  pass  an  ex  pout  facto 
law,  or  law  impairing  the  obligation  of  contracts. 
All  these  things  have  been  done,  and  may  again 
of  right  be  done,  by  absolutely  sovereign  states ; 
but  no  State  of  the  Union  has  ever  exercised  a 
single  one  of  these  sovereign  prerogatives ;  and, 
therefore,  no  State,  after  it  became  a  member  of 
the  Union,  can  be  said  to  be  sovereign.  To  say, 
then,  that  the  right  of  secession  results  from  the 
sovereignty  of  the  States  —  a  quality  which  no 
separate  State  possesses — is  an  absurdity  no  less 
patent  than  that  which  supposes  the  Federal 
Government  and  that  of  the  separate  States  to  be 
each  supreme  within  the  same  sphere.  The  doc 
trine  is  as  void  of  reason  as  a  barrel  without  head 
ing  is  of  capacity  to  hold  water. 

But  it  is  strenuously  urged  upon  me  that  when 
a  State  acts  through  a  convention,  her  action  then 
becomes  the  action  of  a  sovereign  State,  and 
that  my  State,  having  in  convention  determined  to 
secede,  I  and  all  her  sons  should  follow  in  her 
track.  I  can  not  recognise  this  logic.  Undoubt 
edly  the  action  of  a  State  in  convention,  within 
the  sphere  of  unquestioned  authority,  is  the  high 
est  form  her  political  action  can  assume.  But  if 
a  thing  is  wrong  under  the  higher  law  of  the 
Federal  Constitution,  can  a  State  make  it  right 
by  doing  it  through  the  medium  of  a  convention  ? 
Does  the  formality  of  a  convention,  any  more 
than  simple  legislative  proceeding,  legalize  that 


which 


illegal  ? 

FT      • 


The    Constitution    says 


laws  of  the  Union  shall  be  supreme  :    does 


the 
the 

simple  act  of  going  into  separate  convention  de 
stroy  that  supremacy  ?  The  Constitution  de 
clares  that  not  one  of  its  provisions  shall  be 
changed,  except  by  the  concurrent  assent  of 
three  fourths  of  the  States.  Does  a  State  by 
acting  in  convention,  acquire  the  power  of  itself 
to  change  it  ?  The  Constitution  provides  express 
ly  that  no  State  shall  enter  into  any  confedera 
tion  or  allance.  Does  the  fact  that  the  Southern 
Confederacy  was  formed  by  the  action  of  separate 
State  conventions  invest  that  grand  usarpation 
with  constitutionality,  and  relieve  the  actor*  who 
set  it  up  of  the  sin  and  wickedness  of  a  deliberate 


then  secession  is,  irresistibly,  an  absurdity.   Two  I  infraction  of  an  instrument  which  they  had   in 


DOCUMENTS. 


227 


better  times  acknowledged  to  confer  supreme  au 
thority,  and  which  they  had  covenanted  never  to 
vary  but  by  consultation  with  all  the  States,  and 
the  express  sanction  of  a  three  fourths  majority 
of  all  ?  A  State  cannot  declare  war  :  can  it  ac 
quire  that  forbidden  power  by  seizing  it  in  con 
vention  ?  Logically,  the  doctrine  is  absurd ;  and 
it  is  no  better  in  morality ;  for  it  makes  lawful, 
by  a  cheap  and  easy  process,  what  was  unlawful 
before :  and  carried  out,  it  negatives  altogether 
the  existence  of  a  Confederated  Government,  and 
would  make  every  government  of  a  confederation 
but  another  name  for  anarchy,  disruption,  and 
revolution. 

The  naked  truth  is,  then,  that  each  State,  the 
moment  it  assented  to  a  Constitution  which  refers 
all  matters  of  amendment  to  the  tribunal  of  three 
fourths  of  the  States,  renounced  forever  all  right 
of  separate  secession,  and  in  every  form,  whether 
of  convention  or  of  ordinary  legislation,  or  of  di 
rect  vote  of  the  people.  The  renunciation  was 
absolute  and  unconditional,  without  any  limita 
tion,  qualification,  or  reservation. 

This  is  the  common-sense  view  which  entirely 
satisfies  my  conscience  as  to  the  position  I  have 
taken ;  but  I  am  not  a  little  comforted,  in  the 
midst  of  the  contumely  which  my  course  has 
provoked  at  home,  that  it  is  sustained  by  the 
most  eminent  of  State  rights  authorities.  Patrick 
Henry,  the  leading  and  most  eloquent  adversary 
of  the  Federal  Constitution,  because  of  what  he 
regarded  its  consolidation  tendencies,  early  re 
buked  the  idea  of  separate  State  secession.  In 
the  Virginia  Convention,  called  in  1788,  to  con 
sider  the  Federal  Constitution,  he  said  : 

"  Have  they  said,  We,  the  States  ?  Have  they 
made  a  proposal  of  a  compact  between  States  ? 
If  they  had,  this  would  be  a  Confederation  ;  it 
is  otherwise  most  clearly  a  consolidated  govern 
ment.  The  whole  question  turns,  sir,  upon  that 
poor  little  thing — the  expression,  W e,  the  people, 
instead  of  the  States  of  America." 

And  so  on  the  hustings,  in  the  county  of  Char 
lotte,  lamenting  the  adoption  by  the  Legislature  of 
his  State  of  the  resolutions  of  '98,  as  tending  to 
rebellion  and  treason,  he  declared  : 

u  That  the  State  had  quitted  the  sphere  in 
which  she  had  been  placed  by  the  Constitution ; 
and,  in  daring  to  pronounce  upon  the  validity  of 
Federal  laws,  had  gone  out  of  her  jurisdiction 
in  a  manner  not  warranted  by  any  authority,  and 
in  the  highest  degree  alarming  to  every  consider 
ate  man  ;  that  such  opposition  on  the  part  of 
Virginia  to  the  acts  of  the  general  Government, 
must  beget  their  enforcement  by  military  power ; 
that  this  would  probably  produce  civil  war  ; 
civil  war,  foreign  alliances  ;  and  foreign  alliances 
must  necessarily  end  in  subjugation  to  the  powers 
called  in." 

How  strangely  and  mournfully  prophetic ! 

And  on  the  same  occasion,  he  put  the  whole 
doctrine  of  secession  in  a  nutshell,  and  reduced 
it  to  a  thrice-pnlpable  absurdity  by  inquiring  : 

u  Whether  the  county  of  Charlotte  would  have 
authority  to  dispute  an  obedience  to  the  laws  of 
Virginia,  and  he  proiuunced  Virginia  to  be  to 


the  Union,  what  the  county  of  Charlotte  was  to 
her." 

Mr.  Jefferson,  while  the  Virginia  Convention  of 
1788  was  in  session,  complimented  that  admira 
ble  provision  of  the  Federal  Constitution  (then 
under  consideration  in  his  State)  which  secured 
the  peaceable  recourse  to  a  convention  of  the 
States.  At  a  later  day  he  said  that,  in  the  event 
of  serious  differences  between  the  Federal  Gov 
ernment  and  a  State  or  States,  "which  could 
neither  be  avoided  nor  compromised,  a  Convention 
of  the  States  must  ~be  called  to  ascribe  the  doubt' 
ful  power  to  that  department  which  they  may 
think  lest." 

John  Taylor,  of  Caroline,  the  strictest  State 
rights  politician  Virginia  ever  reared,  declared 
that: 

"  The  supremacy  over  the  Constitution  was  de 
posited  in  three  fourths  of  the  States." 

That  provision  he  denominated  as  one — 

"  For  settling  collisions  between  the  State  and 
Federal  Government  amicably,  and  for  avoiding 
dangerous  sectional  conflicts" 

In  1833,  Mr.  Calhoun  said: 

"  There  is  provided  a  power  even  over  the  Con 
stitution  itself,  vested  in  three  fourths  of  the 
States,  which  Congress  has  the  authority  to  in 
voke,  and  may  terminate  all  controversies  in 
reference  to  the  subject,  by  granting  or  withhold 
ing  the  right  in  contest.  Its  authority  is  ac 
knowledged  by  all,  and  to  deny  or  resist  it  would 
be,  on  the  part  of  the  State,  a  violation  of  the 
constitutional  compact,  and  a  dissolution  of  the 
political  association,  as  far  as  it  is  concerned. 
This  is  the  ultimate  and  highest  power,  and  the 
basis  on  which  the  whole  system  rests" 

He  even  declared  it  to  be  the  duty,  of  the  Fed 
eral  Government  to — 

"  Suppress  physical  force  as  an  element  of 
change" 

And  again,  in  1843,  when  Secretary  of  State  : 

"  Should  the  general  Government  and  a  State 
come  into  conflict,  the  power  which  called  the 
general  Government  into  existence,  which  gave  it 
all  its  authority,  and  can  enlarge,  contract,  or 
abolish  its  powers  at  its  pleasure,  may  be  invoked. 
The  States  themselves  may  be  appealed  to — three 
fourths  of  which  form  a  power  whose  decrees  are 
the  Constitution  itself,  and  whose  voice  can 
silence  all  discontent. 

u  The  utmost  extent  of  the  power  is  that  a 
State,  acting  in  its  sovereign  capacity  as  one  of  the 
parties  to  the  constitutional  compact,  may  compel 
the  Government  created  by  that  compact  to  sub 
mit  a  question  touching  the  infraction  to  the  par 
ties  who  created  it." 

Mr.  Ritchie,  the  editor  of  the  Richmond  In 
quirer,  who  for  near  half  a  century  gave  law  to 
the  State  rights  Democracy  of  Virginia,  if  not  of 
the  Union,  wrote,  in  1814,  as  follows : 

"  No  man,  no  association  of  men,  no  State,  or 
set  of  States,  has  a  right  to  withdraw  from  the 
Union  of  its  own  accord.  The  same  power  that 
knit  us  together  can  alone  unknit.  The  same 
formality  that  forged  the  links  of  the  Union,  is 
necessary  to  dissolve  it.  The  majority  of  States 


228 


REBELLION  RECORD,  1860-1. 


which  form  the  Union,  must  consent  to  the  with 
drawal  of  any  one  branch  of  it.  Until  that  con 
sent  has  been  obtained,  any  attempt  to  dissolve 
the  Union,  or  obstruct  the  efficiency  of  its  Con 
stitutional  laws,  is  treason — treason  to  all  intents 
and  purposes." 

This  logic  of  these  distinguished  representatives 
of  the  State  rights  principle,  leads  directly  and 
irresistibly  to  this  result — it  is  a  manifest  corol 
lary —  that  so  long  as  the  Constitution  of  the 
United  States  remains  unchanged  by  the  consti 
tutional  majority  of  three  fourths  of  all  the  States, 
no  one  State  has  the  right  to  secede  ;  the  Union 
constitutionally  endures ;  and,  constitutionally 
enduring,  it  is  obligatory,  in  each  and  every  one 
of  its  provisions,  on  every  citizen  of  every  State 
of  the  Union. 

With  this  truth  stamped  upon  my  understand 
ing  so  that  I  could  not  resist  it,  I  have  not  been 
able,  in  conscience,  by  taking  an  oath  of  exclusive 
allegiance  to  Virginia,  to  renounce  that  higher 
allegiance  I  owe  to  the  Government  of  the  Union. 
If  I  am  in  error,  my  own  State,  and  her  own 
State  rights  teachers,  indoctrinated  me  with  the 
error. 

And  my  conscience  is  eased  yet  the  more  when 
I  bring  to  mind  the  fact,  that  nearly  all  the  great 
minds  of  my  State  have  set  me  the  example  of 
repudiating  the  doctrine,  and  denouncing  it  as 
treason.  I  know  but  one  of  the  really  great  men 
of  Virginia,  that  ever  favored  it,  and  that  one  was 
Littleton  Waller  Tazewell,  a  man,  undoubtedly, 
of  extraordinary  abilities,  but  whose  great  powers, 
like  those  of  Mr.  Calhoun,  were  impaired  by  a 
metaphysical  subtlety  ill  suited  to  the  deduction 
of  truth,  and  to  successful  dealing  with  the  prac 
tical  concerns  of  human  government.  Both  want 
ed  the  practical  common-sense  and  well-balanced 
judgment  which  made  Henry  Clay  the  greatest 
statesman  of  his  day,  if  not  of  any  day  or  genera 
tion. 

Mr.  Tazewell  did  maintain  the  theory  of  con 
stitutional  separate  State  secession.  In  a  series 
of  articles  over  the  signature  of  "  A  Virginian," 
published  in  the  Norfolk  Herald,  he  made  for  it 
the  ablest  argument  it  ever  challenged,  or  that 
ever  will  be  made  for  it  by  mortal  intellect.  But 
he  stands  almost  "solitary  and  alone"  in  his 
glory.  Neither  Washington,  nor  Patrick  Henry, 
nor  Jefferson,  nor  Madison,  nor  Chief- Justice 
Marshall,  nor  John  Taylor,  nor  Spencer  Roane, 
nor  William  Wirt,  nor  Philip  Doddridge,  nor 
Daniel  Sheffey,  nor  Judge  Robert  B.  Taylor, 
nor  George  Keith  Taylor,  nor  George  W.  Sum 
mers,  nor  Judge  John  Scott,  nor  Judge  Robert 
Stanard,  nor  Robert  E.  Scott,  nor  Alexander  H. 
H.  Stuart,  concurred  with  him.  These  authori 
ties  will  be  regarded,  I  am  sure,  a  full  offset 
against  the  opinion  of  Mr.  Tazewell,  and  on  such 
authorities  I  am  quite  content  to  rest  my  defence 
for  not  following  my  State  in  her  mad  plunge 
into  secession. 

But  there  is  one  chapter  in  the  political  history 
of  Virginia  from  which  I  must  quote^  because  it 
contains,  for  us  who  could  not  abandon  the  Fed 


eral  Union,  a  vindication  which  must  tell  upon 
all  reasonable  minds,  and  disarm  our  revilers. 

In  1808,  the  Madison  electors  of  Viginia  met 
at  a  social  dinner  in  Richmond.  Judge  Spencer 
Roane,  then  of  the  Court  of  Appeals,  and  the 
Nestor  of  the  State  rights  party  of  his  State,  pre 
sided.  The  electors  came  from  all  parts  of  the 
State,  and  were  men  of  eminent  ability  and  unsus 
pected  State  rights  republicanism.  Some  of  those 
who  participated  were  Whigs  of  the  Revolution, 
fresh,  comparatively,  from  its  battle-fields,  and 
its  untainted  halls  of  legislation.  On  this  in 
teresting  occasion,  a  certain  toast — not  a  volun 
teer,  but  a  regular  one — was  drunk.  What  was 
it  ?  It  was  nothing  more  nor  less  than  this  : 

"  The  Union  of  the  States :  the  majority  must 
govern ;  it  is  treason  to  secede" 

Now,  according  to  these  sentiments  of  the  Madi- 
sonian  era,  am  I  a  traitor  to  my  State  because  I 
cannot  follow  her  into  disunion,  and  ought  I  to 
be  asked  to  take  to  her  an  oath  of  especial  and 
controlling  allegiance  ? 

From  another  chapter  of  Virginia  history,  I 
must  quote  to  set  right  a  most  remarkable  error 
bearing  on  our  subject. 

The  next  ablest  argument  for  secession  to  Mr. 
Tazewell's,  is  one  made  some  eighteen  months 
since  by  Judge  Allen,  of  the  Court  of  Appeals  of 
Virginia,  which  has  done  much,  more  than  all 
others,  perhaps,  to  diffuse  through  the  body  poli 
tic  of  his  State  the  poison  of  secession. 

But  the  whole  force  of  his  argument  rests  upon 
a  fallacy,  the  exposure  of  which  utterly  annihi 
lates  his  reasoning. 

The  fallacy  is  this :  The  Virginia  Convention 
for  ratifying  the  Federal  Constitution  adopted  the 
following  form  of  ratification  : 

"  We,  the  delegates  of  the  people  of  Virginia, 
etc.,  etc.,  do,  in  the  name  and  in  behalf  of  the 
people  of  Virginia,  declare  and  make  known,  that 
the  'powers  granted  under  the  Constitution,  lye- 
ing  derived  from  the  people  of  the  United  States, 
may  be  resumed  BY  THEM  whensoever  the  same 
shall  be  perverted  to  their  injury  or  oppression.'  " 

The  expression  "the  people  of  the  United 
States,"  is  construed  by  Judge  Allen  to  mean  the 
people  of  the  States  separately,  whereas  it  is  mani 
fest  that  the  people  of  the  States  as  a  Union — 
as  a  Confederation — as  a  Government — as  a  na 
tion — as  the  people  of  so  many  States  as  formed 
the  Union,  and  could  lawfully  change  it,  were 
meant.  For  the  powers  granted  under  the  Con 
stitution  were  not  granted  by  a  single,  separate 
State,  hut  by  a  given  number  of  States.  Not  one 
State,  nor  two  States,  could  grant  the  powers, 
and  if  any  one  State — to  illustrate  the  absurdity 
of  the  theory — could  resume  the  granted  powers, 
any  other  one  State  could  do  the  like,  and  so  the 
Federal  Government,  though  designed  to  "form 
a  more  perfect  Union,"  and  to  "  secure  the  bless 
ings  of  liberty  to  ourselves  and  our  pcsterity" 
would  be  the  merest  rope  of  sand. 

Nobody  doubts  that  the  constitutional  majority 
of  three  fourths  of  the  States  may  change  the 
form  of  the  Government — may  even  let  a  particu- 


DOCUMENTS. 


229 


lar  State  out  of  the  Union;  but  that  any  one 
State  may  let  itself  out,  and  resume  the  powers 
originally  granted,  not  by  one  State,  but  by  a 
number  of  States,  is  altogether  a  different  propo 
sition,  and  one  not  to  be  tolerated  on  any  sound 
theory  of  government,  or  sound  principle  of  con 
struction. 

But,  conceding  Judge  Allen's  theory  to  be 
sound,  it  has  no  application  to  the  present  seces 
sion  movement ;  for  he  does  not  show,  nor  has 
any  man  yet  shown,  that  the  powers  granted  by 
the  people  in  the  Federal  Constitution  have  ever 
been  "perverted  to  their  injury  or  oppression." 

If  I  travel  beyond  Virginia,  I  find  abundant 
accordance  with  the  opinions  of  her  own  distin 
guished  statesmen. 

In  South-Carolina — the  State  that  inaugurated 
the  secession  policy,  and  that,  according  to  the 
confessions  of  her  own  chief  public  men,  has  been 
striving  for  more  -than  thirty  years  to  sever  the 
Union — it  was  held  by  her  Supreme  Court  that 
her  citizens  owe  primary  allegiance  to  the  Gov 
ernment  of  the  United  States,  and  a  subordinate 
one  to  their  State.  (Case  of  State  vs.  Hunt,  2 
Hill's  S.  C.  Reps.  p.  1.) 

In  1833,  the  State  of  Delaware,  reprehending 
the  mistaken  action  of  South-Carolina  in  attempt 
ing  a  severance  of  the  Union  on  account  of  the 
tariff  policy,  maintained  these  catholic  proposi 
tions  : 

"  Resolved  ~by  the  Senate  and  House  of  Repre 
sentatives  of  the  State  of  Delaware  in  General  As 
sembly  met,  That  the  Constitution  of  the  United 
States  is  not  a  treaty  or  compact  between  sover 
eign  States,  but  a  form  of  government  emanating 
from,  and  established  by,  the  authority  of  the 
people  of  the  United  States- of  America. 

"  Resolved,  That  the  Government  of  the  United 
States,  although  one  of  limited  powers,  is  supreme 
within  its  sphere,  and  that  the  people  of  the 
United  States  owe  to  it  an  allegiance  that  can 
not  be  withdraw  n^  either  by  individuals  or  masses 
of  individuals,  without  its  consent. 

"Resolved,  That  the  Supreme  Court  of  the 
United  States  is  the  only  and  proper  tribunal  for 
the  settlement,  in  the  last  resort,  of  controversies 
in  relation  to  the  Constitution  and  the  laws  of 
Congress." 

Mississippi,  too,  among  the  most  rampant  and 
infatuated  of  the  secession  States,  in  1851,  in  a 
convention  of  her  people,  adopted  the  following 
resolution : 

"  Resolved,  That  in  the  opinion  of  this  conven 
tion,  the  asserted  right  of  secession  from  the 
Union,  on  the  part  of  a  State  or  States,  is  utterly 
unsanctioned  by  the  Federal  Constitution,  which 
was  framed  to  establish,  and  not  to  destroy,  the 
Union  of  the  States." 

Gen.  Jackson  said,  in  1833: 

"Their  object  is  disunion  ;  but  be  not  deceived 
by  names — disunion,  by  armed  force,  is  treason." 

Judge  Iredell  and  Gov.  Davie,  of  North-Caro 
lina,  two  of  her  most  distinguished  citizens,  and 
Charles  Cotesworth  Pinckney,  of  South-Carolina, 
bitterly  disputed  the  right  of  secession. 


And  Hon.  Ho  well  Cobb,  in  1851,  used  this  Ian- 
guage : 

"  When  asked  to  concede  the  right  of  a  State 
to  secede  at  pleasure  from  the  Union,  with  or 
without  just  cause,  w*e  are  called  upon  to  admit 
that  the  framers  of  the  Constitution  did  that 
which  was  never  done  by  any  other  people  pos 
sessed  of  their  good  sense  and  intelligence — that 
is,  to  provide,  in  the  very  organization  of  the 
Government,  for  its  dissolution.  I  have  no  hesi 
tation  in  declaring  that  the  convictions  of  my 
own  judgment  are  well  settled,  that  no  such  prin 
ciple  was  contemplated  in  the  adoption  of  our 
Constitution." 

And  to  come,  lastly,  to  that  highest  and  most 
conclusive  authority,  to  which  all  good  citizens 
bow  in  unreluctant  acquiescence,  the  Supreme 
Court  of  the  United  States  has  forever  settled  the 
unconstitutionality  of  secession. 

In  the  case  of  Cohens  vs.  Virginia,  Chief-Justice 
Marshall,  in  delivering  the  opinion  of  the  court, 
ruled  as  follows : 

''The  people  made  the  Constitution,  and  the 
people  can  unmake  it.  It  is  the  creature  of  their 
will,  and  lives  only  by  their  will.  But  this  su 
preme  and  irresistible  power  to  make  or  unmake 
resides  in  the  whole  body  of  the  people,  and  not 
in  any  subdivision  of  them.  The  attempt  of  any 
of  the  parts  to  exercise  it  is  usurpation,  and  ought 
to  be  repelled  by  those  to  whom  the  people  have 
delegated  their  power  of  repelling  it." 

Here,  on  this  broad,  firm  ground — the  adjudi 
cation  of  the  highest  judicial  tribunal  of  my  coun 
try — I  stand,  and  on  it,  so  help  me  God,  I  mean 
to  stand  while  I  live.  If  I  did  not  stand  content 
on  this  rock  of  defiant  safety,  and  from  its  proud 
summit  laugh  to  scorn  the  impotent  lashings  of 
the  angry  waves  beneath,  I  should  be  unworthy 
of  the  blessings  of  this  great,  free  Government  of 
ours ;  for  the  experience  of  all  the  world  testifies 
that,  after  all,  the  safest  reliance  for  human  liber 
ty,  its  most  impregnable  bulwark,  is  to  be  found 
in  the  judicial  tribunals.  Please  tell  my  old 
friends  who  think  me  traitor  for  not  going  with 
my  State,  and  who  wish  me  to  take  an  oath  of 
allegiance  to  her,  separately,  and  to  the  Southern 
Confederacy,  collectively,  that  the  Supreme  Court 
of  the  United  States,  John  Marshall  being  Chief- 
Justice,  tells  me  that  if  I  comply  I  shall  do  an  un 
constitutional,  unlawful,  wicked  act,  and  that, 
therefore,  I  cannot  and  will  not  do  it. 

The  truth  is,  our  State  has  been  so  capricious 
in  her  political  rulings,  that  her  citizens  may  well 
halt  before  following  her  blindly.  In  1798,  she 
planted  herself  on  the  position  that  the  Federal 
Government  should  not  be  resisted  except  in  case 
of  "deliberate,  palpable,  and  dangerous  infrac 
tions  of  the  Constitution."  Obeying  this  her 
ancient  ruling,  I  cannot  go  with  her  into  seces 
sion,  for  I  know  of  no  "  deliberate,  palpable,  and 
dangerous  infraction"  of  her  constitutional  rights. 
The  Federal  Government  has  never  dene  her  a 
wrong  that  I  know  of,  of  any  kind.  In  1849,  she 
declared,  by  legislative  resolves,  that  if  Congress 
should  abolish  slavery  in  the  District  of  Colun> 


230 


REBELLION  RECORD,  1860-1. 


bia,  or  interfere  with  the  slave-trade  between  the 
States,  or  with  slavery  within  the  States,  or  ap 
ply  the  "NVilmot  proviso  to  the  common  territo 
ries,  she  would  "  resist  at  all  hazards  and  to  the 
*ast  extremity."  But  not  one  of  these  things  has 
been  done  by  Congress.  And  so,  in  1851,  she 
approved  by  a  unanimous  vote  of  her  General 
Assembly  that  measure  of  peace  and  concord,  the 
Compromise  of  1850  ;  and  now,  alas  !  without  the 
commission  of  any  fresh  outrage  by  the  Federal 
Government  or  the  people  of  the  North,  save  the 
election  of  the  man  of  their  choice  to  the  Presi 
dency,  she  allows  herself  to  be  dragged  over  the 
precipice  of  disunion ! 

What,  in  this  conflict  of  her  own  positions, 
must  I  do  ?  Must  I  be  dragged  along  with  her  ? 
No — I  cannot :  I  must,  as  a  citizen,  judge  for  my 
self,  and  follow  whither  conscience  and  duty  lead. 

Will  I,  then,  never  go  with  my  State,  as  I  have 
been  often  asked  by  my  disunion  friends  ?  Are 
there  no  circumstances  under  which  I  would  have 
her  secede  ?  Will  I  be  always  a  submissionist  ? 

I  answer :  there  are  circumstances  under  which 
I  would  follow  my  State  "at  all  hazards  and  to 
the  last  extremity."  When  she  is  right  in  her 
resistance — when  she  is  grievously  and  insuffer 
ably  wronged  and  oppressed — when  she  is  so 
clearly  in  the  right  that  I  can  feel  conscious  that 
the  God  of  battles  will  be  with  her  in  her  fight — 
then  I  will  go  with  her  and  die  for  her,  but  not 
before. 

A  certain  great  man — one  of  the  most  distin 
guished  of  men — clarum  et  venerabile  nomen — 
a  man  whom  I  loved  and  admired  while  living, 
and  whose  memory  I  fondly  reverence — the  first 
statesman  of  his  day — among  the  wisest  the  world 
ever  saw — the  noblest,  most  unselfish,  most  disin 
terested  of  patriots — whose  rank  was  with  Madi 
son,  and  Lowndes,  and  Canning,  and  Pitt,  and 
Peel — who  was  one  of  the  "bright  particular" 
ornaments,  not  of  his  country  only,  but  of  the 
world  :  a  countryman  of  ours  answering  faithfully 
this  description,  once  used  the  following  language : 

"  I  have  heard  with  pain  and  regret  a  confirma 
tion  of  the  remark  I  made,  that  the  sentiment  of 
disunion  is  becoming  familiar.  I  hope  it  is  con 
fined  to  South-Carolina.  I  do  not  regard  as  my 
duty  what  the  honorable  Senator  seems  to  regard 
as  his.  If  Kentucky  to-morrow  unfurls  the  ban 
ner  of  resistance,  unjustly,  I  will  never  fight  un 
der  that  banner.  I  owe  a  paramount  allegiance 
to  the  whole  Union — a  subordinate  one  to  my  own 
State.  When  my  State  is  right — when  she  has 
cause  for  resistance — when  tyranny  and  wrong, 
and  oppression  insufferable  arise — /  will  share 
her  fortunes.  Bat  if  she  summons  me  to  the  bat 
tle-field,  or  to  support  her  in  any  cause  that  is 
unjust  against  the  Union,  never,  never  will  I  en 
gage  with  her  in  such  a  cause" 

The  author  of  these  admirable  sentiments  was 
the  author  of  that  other  immortal  one,  "  I  had 
rather  be  right  than  be  President" — Henry  Clay. 

Now,  when  any  of  my  old-line,  Henry  Clay 
Whig  friends  at  home — you  were  one — shall  ask 
when  it  is  that  I  will  go  with  my  State,  let  them 
be  referred  to  these  sentiments  of  Mr.  Clay,  and 


from  them  receive  my  a,,swer.  Let  them  be  told 
that,  in  my  best  judgment,  the  State  is  not  right 
in  taking  the  part  she  has  in  secession — "  that 
tyranny,  wrong,  and  oppression  insufferable"  have 
not  yet  arisen — that  she  has  no  more  cause  of 
complaint  now  than  she  had  in  1851,  when  she 
virtually  endorsed  these  opinions  of  the  great 
Kentuckian  by  approving  and  accepting  the  com 
promise  measures  of  1850  as  a  "full  and  final 
settlement  of  all  the  agitating  questions  to  which 
they  related,"  and  that,  accordingly,  a  state  of 
things  exists  which  subordinates  the  allegiance  I 
owe  the  State  to  that  higher  "paramount  alle 
giance  which  I  owe  the  whole  Union." 

But  it  is  urged  upon  me,  again,  that  if  the 
secession  of  the  Southern  States  finds  no  warrant 
in  the  Constitution,  it  has  warrant  in  the  law  of 
Revolution. 

This  is  a  clear  change  of  the  issue.  Not  one 
of  the  seceding  States  rested  its  action  on  the 
right  of  Revolution.  All  appealed  to  the  high 
pretension  that  to  secede  was  matter  of  right — 
of  magna  charta — of  Constitutional  privilege — - 
of  reserved  right,  overcoming  all  the  express  pro 
visions  of  the  National  Constitution.  But  change 
the  issue  to  Revolution,  and  a  yet  flimsier  pretext 
is  substituted. 

The  right  of  Revolution  is  not  an  arbitrary 
thing.  It  is  a  principle ;  and  a  principle,  too  of 
the  utmost  consequence  in  the  great  practical 
concerns  of  mankind.  Men  associated  in  a  society 
ma}''  not  at  will  throw  off  its  trammels,  otherwise 
the  peace  of  the  community  would  never  be  safe. 
Disorder,  civil  commotion,  violence,  bloodshed  and 
war,  would  stand  ever  ready  for  the  beckon  of  the 
vicious  and  the  desperate.  There  would  be  no 
stability  in  the  rights  of  property,  or  of  any  of 
the  personal  rights.  There  would  be  no  repose 
for  innocent  and  helpless  women  and  children, 
and  other  non-combatants  of  society.  Society, 
indeed,  would  be  but  a  series  of  commotions  and 
desolations.  Revolution,  then,  being  a  principle, 
what  is  the  principle?  It  is  philosophically  and 
beautifully  illustrated  in  the  celebrated  lines  of 
Shakspeare,  "  Rather  endure  those  ills  we  have, 
than  fly  to  others  that  we  know  not  of,"  and  it  is 
this :  that  existing  arrangements  of  society  and 
government  are  not  to  be  disturbed  to  the  extent 
of  force  and  war,  unless  on  the  ground  of  grievous 
wrong  or  intolerable  oppression.  AVhen  these 
arise,  it  is  the  great  privilege  of  man,  as  it  is  his 
great  instinct,  to  rise  up  in  all  his  majesty  and 
might,  and  resist  even  unto  war,  blood,  and  death. 

This  being  the  principle,  it  has  no  application 
to,  and  is  no  justification  for,  the  dismemberment 
of  the  Union  by  the  seceded  States. 

On  the  day  of  the  Presidential  election,  in  No 
vember,  I860,  from  which  period  the  active 
movements  towards  secession  date,  the  country 
was  never  in  a  more  prosperous  condition,  or  its 
people  happier.  The  effects  of  the  commercial 
revulsion  of  185Y  had  almost  disappeared  under 
the  recuperating  agency  of  bountiful  crops  ;  and 
j  peace,  plenty,  and  content  reigned  through  the 
)  land.  This  state  of  prosperity  and  repose  was 
!  disturbed  for  no  adequate  cause.  In  my  judg- 


DOCUMENTS. 


231 


mcnt,  we  have  been  precipitated  into  civil  war, 
with  all  its  revolting  incidents  of  social  and  phy 
sical  desolation,  without  any  cause  at  all.  I 
lament  to  say  it,  but  it  is  true,  that  this  whole 
secession  movement  is  nothing  more  nor  less  than 
downright  rebellion,  and  rebellion  against  the 
best  and  the  most  parental  Government  that  ever 
a  people  had. 

In  Virginia,  it  is  complained  that  great  out 
rages  have  been  committed  on  Southern  rights. 
By  whom  ?  Certainly  not  by  the  Federal  Gov 
ernment,  of  whose  action  alone  is  there  any  dan 
ger.  If  any  outrages  have  been  perpetrated, 
what  are  they  ?  I  know  them  not ;  no,  not  one. 
I  frequently  appealed  to  the  leading  secessionists 
of  Virginia,  while  there,  both  in  public  and  pri 
vate,  in  the  legislative  halls,  on  the  hustings,  at 
the  cross-streets  and  the  cross-roads,  to  name  to 
me  one  wrong  which  the  Government  they  were 
so  anxious  to  subvert,  had  ever  done  the  South, 
and  I  was  never  answered  by  any  specification. 
I  heard,  ever  and  anon,  some  indefinite  grum 
bling  about  the  Wilmot  Proviso,  and  Personal 
Liberty  laws,  and  interference  with  the  rights  of 
slaveholders  ;  but  I  never  met  the  first  man  who 
could  point  his  finger  to  the  first  act  of  actual 
aggression  by  the  Federal  Government  upon  the 
rights  of  the  South. 

So  far  from  the  commission  of  any  positive 
aggression,  I  must  say,  and  do  say,  that  the 
course  of  the  Federal  Government — of  Congress, 
the  only  practical  representative  of  that  Govern 
ment  and  the  people  —  has  been  everything  the 
South  could  ask.  First,  on  the  demand  of  the 
South,  Congress  enacted,  not  one,  but  two  fugitive 
slave  laws.  The  first  did  not  suit,  and  a  better 
one  was  asked  for  and  obtained.  The  South  as 
sented,  almost  unanimously,  to  the  Missouri  Com 
promise  ;  but,  becoming  dissatisfied  with  it,  asked 
for  the  obliteration  of  the  geographical  line  between 
slavery  and  freedom,  and  Congress  hearkened  to  the 
demand,  the  peculiar  Northern  friends  of  the  South, 
in  Congress  and  out  of  it,  sustaining  th«  repeal  of 
the  Missouri  Compromise.  The  South  protested 
against  the  application  of  the  Wilmot  Proviso  to 
the  common  territories,  and  Congress  listened. 
No  law  applying  the  Wilmot  Proviso  has  been 
enacted.  On  the  contrary,  several  territorial 
laws,  embracing  the  whole  disposable  territory  of 
the  United  States,  have  been  passed  which  con 
tained  no  prohibition  as  to  slavery.  And  now 
any  citizen  is  free  to  go  to  any  of  the  territories 
with  his  slaves,  if  he  chooses,  unmolested  by  any 
action  of  the  Federal  Government,  and  with  all 
the  protection  open  to  him  which  the  courts  can 
give  to  his  rights  of  property.  The  South  com 
plained  of  the  Personal  Liberty  statutes  of  the 
North,  for  which  the  Federal  Government  is  not 
responsible ;  and  yet,  what  did  Congress  do  in 
this  regard  ?  To  quiet  the  apprehensions  of  the 
Southern  people,  and  to  preserve  the  national  quiet, 
it  did  all  it  could  do :  it  passed  by  a  vote  of  one  hun 
dred  and  fifty -one  to  fourteen,  almost  unanimous, 
a  resolution,  recommending  to  the  Northern  States 
the,  repeal  of  their  Personal  Liberty  laws;  and 
mere  can  bo  no  doubt,  that  if  the  South  had  not 


precipitated  itself  into  secession,  this  patriotic  and 
friendly  recommendation  of  the  people's  repre 
sentatives  would  have  had  its  effect  in  the  repeal 
of  most,  if  not  all,  the  offensive  statutes.  The 
South  expressed  its  apprehension  —  for  which 
there  never  was  any  just  ground — that  slavery  in 
the  States  would  be  assailed,  and  said  new  guar 
antees  were  wanted,  when  Congress,  by  a  vote 
almost  unanimous,  adopted  the  following  resolu 
tions  : 

"  Resolved,  That  neither  the  Federal  Govern 
ment  nor  the  people  or  governments  of  the  non- 
slaveholding  States  have  a  purpose  or  a  constitu 
tional  right  to  legislate  upon,  or  interfere  with, 
slavery  in  any  of  the  States  of  the  Union. 

"  Resolved,  That  those  persons  in  the  North 
who  do  not  subscribe  to  the  foregoing  proposition 
are  too  insignificant  in  numbers  and  influence  to 
excite  the  serious  attention  or  alarm  of  any  por 
tion  of  the  people  of  the  Republic,  and  that  the 
increase  of  their  numbers  and  influence  does  not 
keep  pace  with  the  increase  of  the  aggregate 
population  of  the  Union." 

It  went  still  further :  did  all  that  any  reason 
able  man  in  the  South  could  have  asked  ;  by  the 
necessary  constitutional  majority,  it  recommended 
to  the  States  the  adoption  of  an  amendment  to 
the  Constitution  (proposed,  I  think,  by  Mr.  Sew- 
ard)  which  should  forever  forbid  the  interference 
by  Congress  with  slavery  in  the  States.  [This 
proposition  was  voted  against  by  Mr.  Toombs 
and  Mr.  Davis.]  And  when  John  Brown's  inva 
sion  of  Virginia  was  denounced  as  a  great  out 
rage,  to  prevent  the  repetition  of  the  like  raids,  it 
was  proposed  in  the  Senate  Compromise  Commit 
tee,  by  Mr.  Seward,  to  pass  a  law  to  punish  all 
persons  hereafter  making  such  invasion,  and 
though  voted  for  by  all  the  Northern  members 
of  the  Committee,  the  proposition  failed  for  want 
of  the  cooperation  of  the  Southern  members. 

As  to  the  absorbing  matter  of  slavery,  then,  let 
us  see  how  the  case  stands,  or  how  it  might  have 
stood,  had  the  seceding  States  been  a  little  more 
patient.  The  proposed  amendment  to  prohibit 
forever  all  interference  with  slavery,  had  been, 
early  after  the  election  of  Mr.  Lincoln,  submitted 
by  Congress  to  the  States.  The  legislatures  of 
three  fourths  of  the  States,  or  the  people  of  three 
fourths  of  the  States  in  convention,  might  have 
adopted  it,  and  thus  made  it  a  part  of  the  Consti 
tution.  Had  all  the  slave  States  adopted  it,  there 
is  no  doubt  a  sufficient  number  of  the  free  States 
would  have  cooperated  to  secure  the  constitution 
al  majority  of  three  fourths,  and  then  what  would 
have  been  the  result?  Why,  that  would  have 
been  accomplished  for  which  the  whole  South 
had  professed  to  be  so  anxious :  slavery  in  the 
States  would  have  been  perpetually  protected ; 
the  agitation  of  the  long-disturbing  question 
would  have  ceased,  except  with  a  few  demented 
fanatics;  and  the  concord  of  former  days  would 
have  been  restored. 

Slavery  in  the  States  being  thus  rendered  im 
pregnable,  there  would  have  been  nothing  left  of 
this  subject  to  disturb  the  national  harmony  but 
the  territorial  question,  and  that  is  of  no  practical 


232 


REBELLION  RECORD,  1860-1. 


moment,  for  there  is  not  a  foot  of  the  present 
Territories  that  is  adapted  to  slave  labor,  or  to 
which  slave  labor  could  profitably  go.  In  New- 
Mexico,  for  example,  live  times  as  large  as  New- 
York,  there  are  but  twenty-six  slaves,  (who  are 
the  body-servants  of  Government  and  army  of 
ficers,)  though  slavery  is  there  legal,  and  protect 
ed  by  a  slave  code.  Of  what  practical  conse 
quence  to  the  South,  then,  is  the  right  of  carrying 
slaves  to  Territories  from  which  the  God  of  na 
ture,  by  his  laws  of  soil  and  climate,  and  by  the 
instincts  he  has  planted  in  man,  has  forever  ex 
cluded  them  ?  And  why  should  the  North  care 
to  prohibit  slavery  in  Territories  into  which,  for 
the  inhibitions  named,  it  can  never  be  intro 
duced  ? 

In  fact,  all  that  the  South  can  properly  demand 
in  regard  to  slavery  in  the  Territories,  as  Judge 
Campbell,  late  of  the  Supreme  Court,  so  aptly 
said,  is,  that  the  status  quo  be  observed.  I  quote 
his  wise  and  patriotic  words,  addressed  to  the 
people  of  Alabama : 

"The  great  subject  of  disturbance  —  that  of 
slavery  in  the  Territories — rests  upon  a  satisfac 
tory  foundation,  and  we  have  nothing  to  ask  ex 
cept  that  the  status  quo  be  respected." 

Well,  the  status  quo  HAS  been  respected,  I 
think,  scrupulously  respected.  Notwithstanding 
the  repeal  of  the  Missouri  Compromise,  which  so 
much  and  so  justly  offended  Northern  sensibili 
ties,  and  in  defiance  of  the  outside  pressure  which 
the  repeal  of  that  measure  of  plighted  faith  and 
honor  generated,  Congress  has  not  applied  the 
Wilmot  Proviso  to  any  of  the  Territories.  It  has 
wisely  left  the  matter  to  the  laws  of  God — of  soil, 
production,  climate,  and  profit  —  and  to  the 
courts,  to  which  the  whole  subject  so  properly 
belongs. 

Now,  with  the  promise  of  perpetual  guarantees 
for  slavery  in  the  States,  and  the  observance  of 
the  status  quo  as  to  the  Territories,  what  reason 
was  there  that  Virginia  and  her  deluded  sisters 
should  have  seceded  from  our  blessed  Union  ? 

I  thought,  as  I  still  think,  that  all  the  slave 
States  should  have  submitted  the  amendment  of 
the  Constitution  forbidding  future  interference 
with  slavery  in  the  States,  to  their  Legislatures 
or  people,  and  obtained  in  that  way  the  security 
desired  for  their  peculiar  institution.  Then,  in 
stead  of  the  civil  war  whose  demon  howl  now 
rings  through  the  land,  and  whose  desolation  is 
carried  to  the  hearth  and  fireside,  and  to  every 
relation  and  interest  of  life,  we  should  have  con 
tinued  to  realize  that  peace  and  happiness,  which, 
under  our  glorious  institutions,  have  blessed  us 
above  all  the  people  of  the  earth.  Oh !  what  a 
chance  did  we  lose  of  saving  our  country  and 
ourselves  !  How  mad  was  it,  with  so  cheering  a 
prospect  for  the  happy  solution  of  all  our  diffi 
culties,  to  plunge  into  the  gulf  of  ruin  forever  ! 

And  why,  let  me  ask,  did  we  not  make  the 
effort  for  peace  and  salvation  ?  Alas !  I  fear  there 
was  a  foregone  conclusion  to  destroy  the  Union, 
without  regard  to  wrongs,  or  the  remedies  for 
them  !  What  does  the  refusal  of  the  South  to 
accept  Mr.  Seward's  amendment  indicate,  but' 


that  no  compromise  was  desired,  and  that  dis« 
union  was  resolved  on,  under  any  and  all  circum 
stances  ?  Why  was  not  the  North  met  half-way, 
in  proposals  for  peace  and  guarantees  ? 

And,  at  the  time  of  Mr.  Lincoln's  election,  what 
semblance  of  danger  was  there  to  the  South  ? 
There  was  a  clear  opposition  majority  of  twenty- 
one  in  the  House  of  Representatives,  and  a  con 
clusive  one  in  the  Senate.  How,  under  such  cir 
cumstances,  could  the  South  have  been  harmed  ? 
Could  slavery  have  been  abolished  in  the  District 
of  Columbia  ?  Could  it  have  been  prohibited  in 
the  Territories  ?  Could  it  have  been  touched  in 
the  States?  Was  it  possible  that  Mr.  Lincoln 
could  have  harmed  the  South  a  hair's  breadth, 
even  had  he  the  disposition  ? 

Besides  having  both  branches  of  Congress  on 
its  side,  had  not  the  South  the  Supreme  Court  ? 
Had  not  the  decisions  of  that  high  tribunal  leaned 
to  the  side  of  slavery  and  slaveholders?  And 
had  not  Congress,  in  the  several  territorial  laws, 
referred  all  rights  of  property — slave  and  other — 
to  that  august  and  trustworthy  tribunal  ? 

Then,  the  fact  is  simply  this  :  that  with  an  en 
tire  absence  of  all  aggressive  legislation,  the  South 
had  the  Legislature  and  Judiciary  to  itself.  Only 
the  Executive  was  against  it,  or  was  supposed  to 
be  against  it,  and  that  branch  was  impotent  for 
harm,  because  an  inimical  measure  could  never 
reach  it.  The  South,  indeed,  had  everything  its 
own  way,  was  as  impregnable  as  a  well-equipped 
army  behind  a  strong  entrenchment  would  be 
from  the  outside  assaults  of  a  few  ragged  regi 
ments,  armed  with  pop-guns  ;  and  yet  the  South, 
with  horse-leech  avidity,  cried  :  "  Give  us  more, 
or  we  will  dash  the  Union  into  fragments  !" 

Surely  the  history  of  mankind  affords  no  par 
allel  to  this  remarkable  infatuation  !  It  stands 
alone.  There  has  never  been  before  so  impious  a 
defiance  of  the  goodness  of  the  Creator ;  such  a 
sporting  with  the  beneficence  of  Providence ;  so 
mad  a  case  of  self-ruin  and  self-destruction. 

My  own  deep  belief  is,  that  those  wfro  busied 
themselves  in  this  great  wickedness,  will  never 
be  able  to  account  to  the  Christian  world  for 
their  participation  in  it.  How  I  thank  God  that 
I  have  had  no  part  nor  lot  in  the  matter  !  And 
as  each  sand  of  the  unhappy  conflict  runs  out, 
the  more  thankful  am  I,  that  I  had  the  firmness 
to  repudiate  and  reject  all  the  projects  of  the 
secessionists  ! 

The  proposition  so  often  submitted  to  me  that 
Mr.  Lincoln's  election  is  adequate  cause  for  a  dis 
solution  of  the  Union,  I  look  upon  with  absolute 
horror.  The  doctrine  that  the  election  by  a  legal 
majority  of  the  people  of  the  President  of  their 
choice,  is  a  sufficient  reason  for  the  dissolution  of 
the  Union,  is  so  monstrous,  so  antagonistical  to 
all  the  theory  and  maxims  of  popular  and  Repub 
lican  Government,  so  replete  with  radicalism  and 
lawlessness,  so  perilous  to  all  the  vested  interests 
of  society,  so  fraught  with  moral  and  social  chaos 
and  ruin,  so  barbarous,  that  I  dismiss  it,  once 
and  forever,  with  my  utter  and  eternal  abhor 
rence.  I  will  not  even  quote  against  it  the  au 
thority  of  the  great  men  of  the  South,  of  all  ' 


DOCUMENTS. 


233 


parties,  who  have  repudiated  the  detestable 
heresy.  Its  own  blackness  is  its  own  best  ex 
ponent. 

And  the  folly  of  secession — of  resorting  to  the 
cartridge-box  instead  of  the  ballot-box,  for  redress 
—  is  more  apparent  still,  when  we  look  at  the 
Presidential  vote  of  1860. 

The  whole  opposition  vote  was  two  million 
eight  hundred  and  four  thousand,  the  Republican 
vote  one  million  eight  hundred  and  fifty-seven 
thousand  :  majority  against  the  Republicans, 
nearly  a  million.  Now,  with  this  million  con 
servative  pro-Southern  majority,  would  it  not 
have  been  far  wiser  (as  I  argued  on  another  occa 
sion)  to  have  made  another  trial  of  strength  be 
fore  throwing  aside  the  best  Government  the 
world  ever  saw  ?  Is  not  a  quiet  victory  at  the 
polls  preferable  to  a  revolution  in  which  the 
sword  must  decide  the  issue  ?  Should  we  have 
precipitated  disunion  by  four  years  for  a  danger 
which  was  that  length  of  time  distant,  at  least, 
and  which,  by  the  end  of  that  period,  might  have 
vanished  altogether,  by  a  change  in  the  political 
sentiment  of  the  country  ?  Should  we,  for  an 
imaginary  peril,  have  taken  disunion  four  whole 
years  by  the  forelock?  Was  the  Union  of  so 
little  value  that  we  should  absolutely  have  made 
haste  to  destroy  it — to  kill  it  off  before  its  time 
had  come  ? 

To  the  idea  that  the  election  of  Mr.  Lincoln 
evinced  a  sectionalism  and  hostility  at  the  North, 
which  would  endanger  the  institution  of  slavery, 
it  is  suffic  lent  to  reply  that  the  facts  show  it  to 
be  utterly  unsound. 

In  a  Union  Address  to  my  late  constituents, 
published  in  January,  1861,  I  used  the  following 
language : 

u  Perhaps  no  Presidential  vote  was  ever  cast 
that  was  more  complex  in  its  character  than  that 
which  was  cast  in  November  last.  There  were 
scores  upon  scores  of  thousands,  even  of  the  De 
mocracy,  that  were  bitter  in  their  hostility  to  Mr. 
Buchanan's  Administration.  Large  numbers  re 
garded  it  as  corrupt,  for  corruption  had  been 
charged  from  high  Democratic  sources.  Hon. 
Roger  A.  Pryor  was  among  the  foremost  in  this 
denunciation.  The  Lecompton  policy  had  lost  to 
the  Administration,  and  driven  over  to  the  Re 
publican  ranks,  an  army  of  its  former  friends. 
The  financial  policy  of  the  Government,  based  on 
constant  loans  and  issues  of  Treasury  notes,  in 
stead  of  duties  on  imports  under  a  properly  regu 
lated  tariff,  turned  the  attention  of  a  large  num 
ber  of  people  of  the  North  to  a  change  of  Ad 
ministration.  Pennsylvania,  always  conservative 
until,  desperate  for  the  proper  governmental 
appreciation  of  her  material  interests,  she  was 
compelled  to  take  sides  with  the  candidate  most 
likely  to  succeed,  (who  was  undoubtedly  Mr.  Lin 
coln,)  cast  her  vote,  mainly,  on  the  tariff  ques 
tion.  Now,  all  these  classes  of  voters,  number 
ing,  it  must  be,  several  hundreds  of  thousands, 
desired  a  change  of  administration,  and  very 
naturally  looked  to  the  most  available  nominee, 
and  regarding  Mr.  Lincoln,  in  consequence  of  the 
hopeless  divisions  of  the  Democracy,  as  that  most 


available  nominee,  cast  their  votes  for  him,  with 
out  meaning  to  endorse  his  peculiar  views  on  the 
subject  of  slavery.  Disunion,  then,  on  the  idea 
of  an  irreconcilable  Northern  enmity  to  Southern 
institutions,  rests  upon  an  assumption  unsound, 
unsubstantial,  and  suicidal." 

And  thus  is  annihilated  another  favorite  pre 
text  of  the  disunionists. 

As  for  the  Personal  Liberty  laws,  no  one  ever 
lost  a  slave  by  them.  Mostly,  they  are  mere 
anti-kidnapping  statutes,  and,  whether  constitu 
tional  or  not,  they  should  be  to  the  South  matter 
of  indifference.  Nor  have  all  the  free  States 
passed  such  laws.  Neither  New-York,  nor  Ohio, 
nor  Minnesota,  nor  Iowa,  nor  Illinois,  nor  Indi 
ana,  nor  New-Jersey,  has  one.  In  Indiana  and 
Illinois,  slaves  are  arrested  without  process  and 
returned  to  their  masters.  The  wives  of  Ken- 
tuckians  go  into  those  States  on  social  visits, 
with  their  colored  domestics,  unattended  by  their 
husbands.  These  facts  I  have  heretofore  publicly 
stated,  on  the  authority  of  letters  addressed  to 
myself  by  Hon.  Robert  Mallory  and  W.  R.  Kin- 
ney,  Esq.,  of  Kentucky,  who  reside  on  or  near 
the  Ohio  River.  Illinois  has  a  statute  which 
allows  slaves  to  stay  with  their  masters  sixty 
days  within  her  territory ;  and  New-Jersey  not 
only  allows  the  transit  of  slaves  with  their  mas 
ters,  but  has  a  fugitive  slave  law  of  her  own,  to 
aid  in  the  execution  of  the  Federal  law  of  the 
same  kind.  But  should  we,  for  these  practically 
harmless  personal  liberty  statutes,  destroy  our 
glorious  Union  ?  I  would  not,  if  every  Northern 
statute-book  were  half  filled  with  them.  No ;  I 
will  stand  yet  by  the  Union  of  our  fathers,  trust 
ing  that  the  "  sober  second  thought,"  and  the 
prevalence  of  that  feeling  which,  "  in  the  times 
that  tried  men's  souls,"  put  Massachusetts 
"  shoulder  to  shoulder "  with  Virginia,  will 
strike  from  the  statute-books  all  these  irritating 
enactments,  believing,  as  well  as  hoping,  that  the 
patriotic  recommendation  of  the  representatives 
of  the  people  in  the  House  of  Commons  of  the 
nation,  already  referred  to,  will  lead  to  that 
u  consummation  so  devoutly  to  be  wished." 
Some  of  them,  indeed,  have  already  been  re 
pealed. 

But  are  we  of  the  South  ourselves  without  re 
proach  in  the  matter  of  the  enactment  of  offensive 
laws  ?  I  regret  to  say,  and  I  say  it  with  a  sense 
of  shame,  that  the  law  of  South-Carolina  in  re 
gard  to  colored  seamen — the  State  that  stands  in 
the  front  rank,  and  that  is  the  guiltiest  of  the 
guilty  in  this  enormous  wickedness  of  secession — • 
is  just  as  offensive,  as  violative  of  the  great  princi 
ples  of  civil  liberty,  as  repugnant  to  the  spirit  and 
the  letter  of  our  Constitution,  as  the  worst  Per 
sonal  Liberty  law  of  the  Northern  States.  The 
constitutionality  of  this  law  South-Carolina  would 
not  allow  even  to  be  considered  in  her  courts, 
though  Massachusetts  deputed  thither  one  of  her 
most  distinguished  jurists  [Judge  Hoar]  to  test 
its  validity. 

For  one,  I  act  in  this  matter  on  the  law  of 
offset.  Both  sections  have  done  wrong,  and  I  let 
the  misdoing  of  the  one  stand  against  the  mi&do» 


234 


REBELLION  RECORD,  1860-1 


ing  of  the  other,  and  let  the  Union  rise  up  in  all 
its  lustrous  glory  between  both,  to  rebuke  the 
sectional  spirit  that  would  stand  between  it,  and 
the  accomplishment  of  the  grand  destiny  of  popu 
lar  institutions  in  America. 

With  regard  to  the  fugitive-slave  law  —  that 
fruitful  source  of  agitation  both  North  and  South, 
and  I  might  add  of  misapprehension — it  is  enough 
to  say  that  it  has  been  executed  with  all  reason 
able  fidelity  and  success.  The  idea  generally  pre 
vailing  in  the  South  that  the  law  was  never  exe 
cuted,  and  fugitive  slaves  never  returned,  is  en 
tirely  erroneous.  Many  are  quietly  surrendered 
whose  cases  are  never  heard  of;  only  those  cases 
reach  the  public  in  which  there  is  some  tumult, 
or  in  those  rare  instances  in  which  wicked  people 
resist  the  execution  of  the  law,  and  which,  there 
fore,  make  a  noise  in  the  newspapers,  and  furnish 
material  for  declamation  on  the  stump,  and  in  the 
bar-rooms.  These  latter  instances  are  the  excep 
tions,  not  the  general  rule.  But  for  the  tedious- 
ness  of  the  detail,  I  could  furnish  almost  a  volume 
of  examples  of  the  successful  execution  of  the 
law.  The  grand-jury  of  the  northern  district  of 
Ohio  indicted  seven  persons  for  resisting  the  mar 
shal,  and  I  believe  they  were  all  found  guilty,  and 
punished  with  tine  and  imprisonment.  A  clergy 
man  was  convicted  in  Ohio  of  the  same  offence, 
and  sentenced  to  an  imprisonment  of  six  months, 
and  a  fine  of  $1500.  There  are  several  persons 
now  in  jail  at  Chicago  who  were  convicted  in  an 
Illinois  court  by  an  Illinois  jury  for  assisting  in 
the  rescue  of  a  fugitive  slave,  and  who  were  fined 
$1500  each,  for  the  non-payment  of  which  they 
are  now  suffering  the  pains  of  a  dreary  imprison 
ment.  Less  than  a  year  ago  I  remember  that 
several  slaves  were  arrested  in  Cincinnati,  and 
quietly  restored  to  their  masters ;  and  a  journal 
of  that  city  declared  at  the  time,  that  "  during 
the  preceding  three  years  not  a  colored  person 
arrested  on  a  warrant  of  a  United  States  Commis 
sioner,  had  been  set  free  or  escaped."  Judge 
Douglas  declared  in  the  Senate  that  Judge  McLean 
had  always  executed  the  law  with  scrupulous 
fidelity.  The  Supreme  Court  of  Massachusetts, 
consisting  of  five  Republican  judges,  unanimous 
ly  pronounced  the  fugitive-slave  law  constitu 
tional,  and  "  binding  on  the  people  of  Massachu 
setts."  Since  the  election  of  Mr.  Lincoln,  several 
fugitives  were  arrested  in  Chicago,  examined  be 
fore  a  United  States  Commissioner  at  Springfield, 
and  remanded  to  their  owners  at  St.  Louis ;  and 
since  this  arrest  and  rendition,  it  is  well  known 
that  large  numbers  of  fugitive  slaves,  finding  that 
the  law  is  to  be  enforced  under  the  present  as 
under  past  administrations,  have  been  flocking  to 
Canada  for  an  asylum ;  and  even  since  the  seces 
sion  of  the  Southern  States,  fugitives  have  been 
peaceably  arrested  in  Ohio,  Indiana,  and  Illinois, 
and  delivered  to  their  owners. 

I  deal  with  this  subject  practically,  and  on  this 
point  I  quote  again  from  the  address  already  re 
ferred  to: 

"The  question,  then,  comes  up,  (which  I  have 
well  weighed  and  considered,)  is  there  enough  of 
grievance  and  of  wrong  in  these  personal  liberty 


laws  to  induce  disruption  ?  Ought  we,  can  we,  for 
these  dead  statutes,  and  a  few  exceptional  cases 
of  escapes  of  fugitive  slaves,  forego  the  priceless,  in 
calculable  benefits  of  a  Union  which  was  the  handi 
work  of  Washington,  and  Franklin,  and  Madison, 
and  Gerry,  and  Robert  Morris,  and  Governeur 
Morris,  and  Laurens,  and  Pinckney,  and  Hamil 
ton,  and  which  has  made  the  people  of  the  United 
States  the  freest,  the  happiest,  and  the  greatest 
nation  on  the  globe  ?  If  we  do,  the  madness  and 
the  folly  of  the  deed  will  be  without  a  parallel  in 
the  annals  of  human  weakness  and  folly. 

"  And  another  great  practical  inquiry  for  the 
Southern  slaveholder,  is,  will  secession  remedy  or 
alleviate  this  evil  of  the  escape  of  his  slaves? 
No:  it  will  aggravate  the  grievance  a  thousand 
fold.  The  Union  dissolved,  and  with  its  dissolu 
tion  the  fugitive-slave  law  gone ;  the  obligation 
for  the  surrender  of  fugitive  slaves  cancelled ;  with 
more  than  a  million  and  a  half  of  friends  turned 
into  foes ;  with  the  fierce  animosities  and  implac 
able  enmities  which  have  ever  attended  the  disrup 
tion  of  once  friendly  and  confederated  States ;  with 
none,  either  in  law  or  friendship,  to  intercept  the 
fugitive  in  his  flight  to  his  great  asylum  in  Canada ; 
with  Canada  brought  down  to  the  very  border 
line  of  the  Border  slave  States,  so  that  the  under 
ground  railroad  will  no  longer  be  needed,  and 
slaves  have  but  to  cross  a  boundary  to  be  free :  I 
say,  in  this  state  of  things,  under  the  mistaken 
policy  of  secession,  we  shall  lose  one  hundred, 
perhaps  one  thousand  slaves  where  we  now  lose 
one ;  our  slave  property  will  be  worthless ;  and 
the  Border  slave  States,  however  reluctantly,  will 
be  driven,  '  dragged '  to  general  emancipation,  or 
to  a  ruinous  sacrifice,  perhaps  utter  loss,  of  their 
slave  property.  What  will  a  slave  be  worth  in 
Virginia,  or  Maryland,  or  Kentucky,  or  Missouri, 
when,  to  obtain  his  freedom,  he  has  but  to  cross 
a  river  or  a  line  ? 

"  Then  if  we  value  our  slave  property,  and 
would  hinder  the  escape  of  our  slaves  into  the 
free  States,  we  had  better  adhere  to  the  Union. 
In  that  Union,  and  there  only,  lies  the  safety  of 
the  Southern  slaveholder." 

Oh !  had  we  not  better  have  lost  twice  or  thrice 
as  many  of  our  slaves  as  we  usually  have,  than 
to  have  given  up  the  peace,  and  quiet,  and  domes 
tic  happiness,  and  material  comfort  which  we  all 
enjoyed  under  the  Union  of  our  fathers  ?  Is  the 
loss  of  a  few  slaves  to  the  South  to  be  put  in  com 
putation  with  that  loss  of  social  happiness,  and 
sacrifice  of  property  and  material  prosperity ;  with 
the  desolated  hearths  and  ruined  homes;  with 
the  untold  agony  of  heart  and  the  millions  of 
crushed  hopes,  and  the  countless  sufferings  of  the 
innocent  and  helpless  ;  with  the  distrust,  hate, 
and  alienation,  that  have  followed  in  the  track  of 
this  great  delusion  of  secession  ?  Before  God  and 
man  I  say  it,  I  would  have  preferred  to  have  had 
the  loss  of  fugitive  slaves  quadrupled,  yea,  quin 
tupled,  rather  than  to  have  had  taken  from  me 
the  inestimable  blessings  of  the  Union. 

And,  after  all,  has  not  the  loss  by  the  escape 
of  our  slaves  been  greatly  overrated  ?  Mr.  Everett 
showed  in  his  address  at  the  Academy  of  Music 


DOCUMENTS. 


235 


in  New-York,  and  from  the  census  returns,  that 
in  1850,  the  number  of  fugitive  slaves  from  all  the 
slave  States  was  only  one  thirtieth  of  one  per 
cent,  and  that  in  1860  it  was  only  one  fiftieth 
of  one  per  cent — a  loss,  too  insignificant  to  be 
thought  of,  in  comparison  with  the  priceless  bless 
ings  of  the  Union !  The  loss  to  the  drovers  of 
cattle  in  Virginia,  in  every  drive,  is  generally 
about  ten  per  cent,  while  to  owners  of  slaves,  by 
escapes,  it  is  only  one  fiftieth  of  one  per  cent 
and  I  do  not  doubt  that  the  annual  loss  to  the 
drovers  of  the  State  in  getting  their  cattle  to  mar 
ket,  is  of  larger  pecuniary  amount  than  of  all  the 
slaveholders  of  the  State  by  the  escape  of  fugitive 
slaves. 

At  all  events,  it  is  an  unfortunate  period  to  dis 
solve  the  Union  on  account  of  the  loss  of  fugitive 
slaves,  for  the  ratio  of  loss  is  regularly  diminish 
ing  under  the  more  efficient  fugitive-slave  law  of 
1850,  and  an  improved  public  sentiment,  and, 
doubtless,  it  would  have  continued  to  diminish. 
By  the  census  of  1860,  it  appears  that  in  the 
Border  slave  States  one  slave  escaped  to  every 
two  thousand  five  hundred  and  twenty-seven,  and 
in  1860,  one  to  every  three  thousand  two  hun 
dred  and  seventy-six ;  or,  by  Mr.  Everett's  figures, 
one  thirtieth  of  one  per  cent,  in  1850,  and  one 
fiftieth  of  one  per  cent  in  1860 — a  result  which 
demonstrates  that  the  people  of  the  South  were 
gradually,  but  surely,  acquiring  additional  secu 
rity  for  their  peculiar  property. 

A  few  most  remarkable  results  exhibited  by 
the  census  returns,  and  I  have  done  with  this 
branch  of  the  subject.  I  find  that  in  1860,  Texas 
lost  sixteen  slaves — one  in  every  eleven  thousand 
two  hundred  and  seventy-four  ;  Alabama,  thirty- 
six — one  in  every  twelve  thousand  and  eighty- 
seven  ;  Florida,  eleven — one  in  every  five  thousand 
six  hundred  and  fourteen ;  Georgia,  twenty-three 
— one  in  every  twenty  thousand  and  ninety -six ; 
Louisiana,  forty -Fix — one  in  every  seven  thousand 
two  hundred  and  twenty-eight ;  and  South-Caro 
lina,  twenty-three — one  in  every  seventeen  thou 
sand  five  hundred  and  one ; — while  the  Border 
States  lost  as  follows :  Virginia,  one  in  every  four 
thousand  one  hundred  and  ninety-five ;  Missouri, 
one  in  every  one  thousand  one  hundred  and  sixty- 
one  ;  Kentucky,  one  in  every  one  thousand  eight 
hundred  and  ninety-five;  and  Maryland,  one  in 
every  seven  hundred  and  fifty-eight !  These  sta 
tistics  show  that,  so  far  as  fugitive  slaves  and  fugi 
tive-slave  laws  are  concerned,  the  Cotton  States 
have  far  too  insignificant  an  interest  to  excuse 
them  for  trifling,  as  they  have  done,  with  the 
Union,  and  the  interests  of  the  Border  States. 
Think  of  it — Georgia,  losing  only  one  slave  in  eve 
ry  twenty  thousand  and  ninety-six,  dragging  Vir 
ginia  out  of  the  Union,  who  loses  one  in  every 
four  thousand  one  hundred  and  ninety-five  ;  and 
South-Carolina,  losing  one  in  every  seventeen 
thousand  five  hundred  and  one,  dragging  out 
Maryland,  who  loses  one  in  every  seven  hundred 
and  fifty-eight,  and  Kentucky,  who  loses  one  in 
every  one  thousand  eight  hundred  and  ninety- 
five  1  Virginians  lost  their  manhood  when  they 


submitted  to  be  thus  dragged.     I  cannot  be  one 
of  the  dragged. 

And  how  mournfully  do  these  statistics  illus 
trate,  to  slaveholders,  the  consequences  of  seces 
sion! 

Florida  loses,  in  a  year,  eleven  slaves ;  value, 
at  $600  each,  $6600.  Lest  she  incur  a  loss,  by 
escaping  slaves,  of  $6600  a  year,  she  gives  up  a 
Government  which  had  expended  one  hundred 
millions  in  her  behalf,  and  encounters  a  debt 
greater  than  the  value  of  all  her  slaves  together ! 

Texas  loses  sixteen  slaves ;  value,  $9600.  For 
this  insignificant  loss,  she  sacrifices  the  priceless 
benefits  of  a  Union  to  which  she  owes  her  very 
existence  as  a  State,  and  under  whose  benign 
auspices  she  has  advanced,  with  unexampled 
pace,  to  prosperity  and  consequence ! 

South-Carolina  and  Georgia  lose  each  twenty- 
three  slaves  per  year;  value  to  each,  $13,600. 
For  this  paltry  sum — not  the  worth  of  a  respect 
able  mansion-house  in  Charleston  or  Savannah — • 
each  looses  herself  from  a  Government  under 
which  her  peculiar  industry  prospered  to  the 
amount,  annually,  of  hundreds  of  millions  of  dol 
lars,  and  against  which  neither  can  truly  charge 
a  single  act  of  unkindness  ! 

But  it  is  with  our  own  State  I  have  chiefly  to 
do.  What  has  secession  done  for  Virginia,  in 
reference  to  her  property  in  slaves  ? 

In  1860,  she  lost  one  hundred  and  seventeen 
slaves.  To  make  the  argument  altogether  favor 
able  to  secession,  I  put  the  aggregate  value  down 
at  $100,000.  Suppose  that  to  be  her  annual  loss 
under  the  Union,  what  has  she  gained  by  seces 
sion  ?  Her  share  of  the  Confederate  debt  cannot, 
up  to  this  date,  be  less  than  $60,000,000.  On 
ler  own  State  account  her  expenditure  cannot  be 
short  of  $40,000,000  more.  If  the  war  continues 
i  year  longer  (which  is  next  to  certain)  her  entire 
debt,  on  account  of  it,  must  reach  at  least  $150,- 
000,000. 

So  that,  to  save  a  loss,  by  fugitive  slaves,  of 
£100,000  per  annum,  she  incurs  a  debt  of  $150,- 
000,000,  the  annual  interest  on  which,  at  the 
Virginia  rate  of  seven  per  cent,  is  $10,500,000. 

That  is  to  say,  the  people  of  Virginia,  to  avoid 
a  loss  or  tax  of  $100,000  a  year,  are  made  to 
jump  into  one  of  $10,500,000  a  year,  an  increase 
rom  $100,000  under  the  Union,  to  $10,500,000 
inder  secession,  arid  a  sum  which  would  pay 
or  the  annual  loss,  by  fugitive  slaves,  for  one 
lundred  and  five  years ;  or  which,  in  the  form 
>f  yearly  taxation,  would  be  a  blasting  incubus 
upon  the  whole  material  prosperity  of  the  State 
or  generations  to  come,  and,  at  the  end  of  the 
war,  would  induce  an  utter  depopulation  of  her 
domain,  as  the  only  escape  from  an  unendurable 
taxation ;  or,  regarding  this  war  debt  as  so  much 
principal,  it  would  pay  the  annual  loss,  by  fugi 
tive  slaves,  for  fifteen  hundred  years  to  come  ! 

Taking  an  illustration  nearer  home,  the  little 
county  of  Elizabeth  City  —  the  smallest  i?i  the 
State — has  lost,  since  the  opening  of  the  rebel 
lion,  at  least  one  thousand  slaves,  worth,  by  the 
usual  average,  five  hundred  thousand  dollars.  So 


236 


KEBELLIOX   RECORD,  1860-1. 


that,  in  the  effort  of  her  misguided  people  to  get 
greater  security  for  slave  property,  they  have  lost 
more  in  six  months  than  the  whole  State  has  in 
five,  perhaps  ten  years  past.  I  doubt  whether 
this  county  has  lost  a  thousand  dollars'  worth 
of  fugitive  slaves  during  the  last  twenty-five  years 
of  its  existence  under  the  Union,  while  in  two 
Hundred  days  of  secession's  reign,  it  has  lost  half 
a  million's  amount.  In  this,  the  county  of  my 
residence,  there  were  rich  farmers  who,  before 
secession's  inauguration,  owned  large  numbers 
of  slaves,  but  who  nowr  have  not  one  left  to  black 
their  boots,  or  saddle  a  horse  for  them.  Let  these 
men,  the  very  foremost  to  denounce  me  for  ad 
hering  to  the  Union,  tell  me  now  which  works 
better  for  their  slave  property,  the  blessed  Union 
of  our  wise  and  good  fathers,  or  that  miserable 
delusion  and  humbug,  of  modern  secession  and  a 
Southern  Confederacy. 

Yet  another  home  illustration.  It  may  be  safe 
ly  computed  that  the  border  counties,  and  those 
contiguous  to  the  lines  of  the  Federal  armies, 
have  lost,  by  escapes,  at  least  twenty-five  thou 
sand  slaves  since  the  rebellion  began.  The  value 
of  these,  at  five  hundred  dollars  each,  is  twelve 
million  five  hundred  thousand  dollars.  So  that 
the  State  has  lost,  in  the  first  six  months  of  se 
cession,  more  slave  property  than  she  could  have 
lost  in  one  hundred  and  twenty -five  years  of  gov 
ernment  under  the  Union,  had  it  existed  so  long. 

Again  :  Virginia  has;  in  round  numbers,  half  a 
million  of  slaves.  Before  secession  came  along, 
slaves  were  of  great  value.  A  likely  field-hand 
commanded,  readily,  from  one  thousand  five  hun 
dred  to  two  thousand  dollars.  Good-looking  chil 
dren  of  seven  or  eight  years  age,  were  worth 
almost  as  much  as  adults.  Even  old  men  and 
women  brought  large  prices.  It  is  safe  to  put 
the  average  value  at  seven  hundred  dollars  per 
head,  which  gives  a  total  value  of  three  hundred 
and  fifty  million  dollars.  And  it  is  certainly 
safe  to  estimate  the  depreciation  at  one  half  each. 
So  that  to  escape  the  small  annual  loss  of  one 
hundred  thousand  dollars,  our  State  rushes,  by 
the  path  of  secession,  into  an  almost  instant  loss 
of  one  hundred  and  seventy-five  millions ! 

Or,  to  illustrate  for  the  whole  Southern  Con 
federacy,  take  the  whole  number  of  fugitive 
slaves  in  all  the  seceded  States  together.  That 
number,  according  to  the  census  of  1860,  was 
only  four  hundred  and  fifty-eight;  value,  at  rate 
above,  three  hundred  and  twenty  thousand  six 
hundred  dollars.  The  Confederate  States'  debt, 
contracted  by  secession,  cannot  be  less  than  five 
hundred  millions  of  dollars.  Then  the  seceded 
States,  in  order  to  shun  an  annual  loss  of  three 
hundred  and  twenty  thousand  six  hundred  dol 
lars,  find  themselves  involved,  in  a  twelve  month, 
in  a  consuming  debt  of  five  hundred  millions — 
a  sum  equal  to  one  third  the  value  of  all  the 
slaves  in  all  the  seceded  States  together. 

Let  the  account  be  stated : 

Loss  of  the  seceded  States  under  a  year  of  the 
Union,  four  hundred  and  fifty-eight  slaves ;  cash 
value,  three  hundred  and  twenty  thousand  and 
six  hundred  dollars : 


Public  debt  accruing  by  reason  of  secession, 
and  in  a  single  year,  $500,000,000: 

From  the  secession  debt  of  $500,000,000  take 
the  Union  loss  of  $320,000,  and  there  is  a  balance 
in  favor  of  the  Union  of  $499, (380,000  !  This  lat 
ter  sum  would  have  been  the  saving  to  the  seced 
ed  States,  had  they  remained  in  the  Union,  or 
what  is  the  same  thing,  the  amount  they  have 
lost  by  going  out  of  the  Union. 

One  more,  and  the  last  illustration  on  this 
head ;  and  it  is  one  that  must  stamp  absurdity 
and  madness  on  the  measure  of  secession  forever. 

By  the  census  returns  of  1860,  it  appears  that 
the  whole  fifteen  slave  States  lost,  in  that  year, 
only  803  fugitive  slaves.  So  effectual  was  the 
fugitive-slave  law  of  1850,  and  so  kind  the  spirit 
of  the  controlling  masses  at  the  North,  that  in  all 
the  slaveholding  States,  only  803  slaves  were  fu 
gitives  in  the  period  of  a  year.  "What  was  this 
loss,  divided  among  fifteen  States?  At  $500  each, 
it  was  only  $401,500 ;  at  $700  each,  it  was  only 
$502,500  ;  at  $1000  each,  it  was  only  $803,000. 
Now,  I  ask,  can  any  sane,  practical  common- 
sense  man,  for  either  of  these  sums,  give  in  ex 
change  the  priceless  and  countless  blessings  and 
glories  of  a  Union  which  sent  protection,  security, 
peace,  quiet,  plenty,  gladness,  and  joy,  to  the 
hearths  and  fire-sides  of  every  American  citizen, 
North  and  South,  East  and  West,  wherever  bora 
or  wherever  living  ?  Compared  with  this  protec 
tion,  and  security,  and  peace,  and  quiet,  and 
plenty,  and  gladness,  and  joy,  how  inexpressibly 
palltry  are  the  eight  hundred  and  three  thousand 
one  hundred  dollars  of  loss  by  runaway  slaves ! 
For  such  a  Union — for  so  vast  and  matchless  a 
good — who  would  begrudge  so  small  a  premium, 
especially  when  the  price  is  not  extorted  from 
us  by  wrongful  authority,  or  for  intentional  op 
pression,  but  is  the  inseparable,  uncontrollable 
result  of  the  peculiar  characteristics  and  condi 
tion  and  relations  of  the  negro  race  ? 

And  how  much  have  we  not  exaggerated  this 
whole  matter  of  our  loss  of  slave  property  !  Only 
four  hundred  and  fifty-eight  slaves  lost  in  a  year 
by  the  eleven  seceded,  and  eight  hundred  and 
three  by  the  whole  fifteen  of  the  slaveholding 
States!  Many  people  in  the  South  doubtless 
suppose  that  many  thousands  annually  escape, 
and  put  down  the  Southern  loss  at  many  mil 
lions  every  year,  and  this  mis -information,  I 
doubt  not — indeed,  I  know  it — has  tended  greatly 
to  aggravate  Southern  sensibility  and  excitement 
about  slaves  and  slavery.  But  the  census  of 
'00  discloses  the  fact  that,  after  all  the  angry  dis 
sensions,  and  sectional  discord,  and  revolutionary 
commotion,  on  account  of  4he  slavery  question, 
the  eleven  seceded  States  lost,  in  twelve  months, 
only  four  hundred  and  fifty-eight  fugitive  slaves, 
worth  a  little  more  than  a  quarter  of  a  million  of 
dollars,  while  all  the  slaveholding  States  together 
lost  only  eight  hundred  and  three,  worth  hut 
about  half  a  million ! 

If  the  Southern  mind  had  been  properly  in 
formed  on  the  statistics  of  the  subject,  I  cannot 
believe  that  the  fatal  step  of  secession  would  ever 
have  been  ventured.  But  alas !  political  agitation, 


DOCUMENTS. 


237 


ambition,  selfishness,  and  passion,  have  held  be 
fore  the  people  a  thick  veil,  which  has  hid  from 
their  vision  the  truths  that  so  deeply  concern 
them! 

Contemplate  the  subject,  then,  in  what  aspect 
you  will,  secession  has  been  blast  and  ruin  to  the 
slavery  interests  of  Virginia,  and  of  the  entire 
South. 

I  do  not  mean  to  say  that  in  reference  to  ex 
isting  disturbances,  the  people  of  the  North  are 
wholly  faultless.  The  constant  slavery  agitation 
at  the  North,  T  concede,  is  properly  offensive  to 
the  South.  It  is  wrong,  and  1  should  be  glad  to 
see  our  Northern  brethren  desisting  from  that 
which  can  have  no  effect  but  to  irritate,  and  to 
weaken  the  cords  that  bind  us  to  a  common 
Government.  But  we  of  the  South  are  not  alto 
gether  without  sin  in  the  premises,  for  we  our 
selves  have  indulged  in  the  largest  liberty  in  the 
discussion  of  the  slavery  question,  I  have  ever 
thought,  to  the  detriment  of  the  slaveholding 
interest,  though  Senator  Hammond  and  Mr. 
Stephens,  and  some  other  prominent  Southern 
men  assert,  that  "  slavery  has  been  greatly 
strengthened  and  fortified  by  agitation,"  and  that 
"  happy  results  for  the  South  have  come  of  the 
Abolition  discussion."  If  the  latter  opinion  be 
sound,  the  South  had  no  cause  of  complaint,  and 
certainly  no  need  of  upsetting  the  Union  because 


of  the  anti-slavery  discussion, 
slavery  discussion   has  been 


Besides,  this  anti- 
e;oino;  on  for   loner 


years  past,  and  if  such  discussion  furnished  just 
cause  for  a  dissolution  of  the  Union,  it  should 
have  been  dissolved  long  ago.  But  we  did  not,  on 
this  account,  proceed  to  disruption  under  past 
Administrations.  Why  should  we  do  it  under 
Mr.  Lincoln's  ?  Is  the  anti-slavery  agitation  any 
worse  under  Mr.  Lincoln's  Administration  than 
it  was  under  Mr.  Fillmore's,  or  Mr.  Folk's,  or 
Mr.  Pierce' s,  or  Mr.  Buchanan's  ? 

Verily,  I  must  have  far  stronger  reasons  than 
the  thousand  blessings  of  the 
Were  I  to  advocate  its  de- 


this  for  surrendering 
American  LTnion. 


struction  on  so  unsubstantial  a  pretext — for  it 
does  not  rise  to  the  dignity  of  a  reason — I  should 
commit  a  crime  against  humanity  I  could  never 
expiate,  and  for  which  I  should  deserve  never  to 

the  Christian  world. 

no t,  because  a  few  mad  fanatics 


be  forgiven  D 
No  :  /  wi 


by 

Ul 


desecrate  the  pulpit  and  the  hustings  by  Aboli 
tion  ravings,  give  up  the  unrivalled  blessings  of 
the  best  government  on  earth.  These  deluded 
and  wicked  men  do  not  represent  the  mass  of  the 
Northern  people.  When  they  shall,  or  when  the 
Federal  Government  shall  practically  assail  the 
institution  of  slavery,  it  will  be  quite  time  enough 
to  think  of  disunion,  as  a  remedy  against  anti- 
slavery  operations. 

You  will  see,  from  the  views  I  have  expressed 
to  you,  that  all  along  I  have  taken  a  practical 
view  of  all  the  questions  connected  with  this  de 
plorable  conflict.  1  have  sought  to  take  counsel 
of  judgment  rather  than  of  passion,  and  the 
farther  the  conflict  progresses,  alas!  how  pain 
fully  am  I  reminded  that  I  have  chosen  the  wiser 
part!  I  have  had  constantly  in  my  mind,  and 

SUP.  Doc.  15 


there  to  the  end  they  will  be  kept  and  cherished, 
those  remarkable  sentiments  of  wisdom  expressed 
by  Judge  Campbell  to  his  fellow-citizens  of  Ala 
bama,  which  should  be  written  in  letters  of  liv 
ing  light  over  the  lintel  of  every  American  door: 

"IN  MY  OPINION,  SEPARATE  STATE  ACTION  WILL 
RESULT  IN  THE  DISCREDIT  AND  DEFEAT  OF  EVERY 
MEASURE  FOR  REPARATION  OR  SECURITY." 

There  are  yet  other  reasons  why  I  could  not 
follow  our  State  into  secession.  Conceding  that 
the  citizen  is  bound  by  the  action  of  his  State,  I 
am  released  from  the  obligation  now,  because  I 
am  not  satisfied  that  the  act  of  secession  in  Vir 
ginia  is  truly  the  act  of  her  people.  It  was  not 
the  choice  of  her  people.  I  lament  to  say  it,  but 
the  proofs  are  overwhelming,  that  outside  press 
ure,  intimidation,  coercion,  misrepresentation,  and 
sensation  appeals,  constantly  made  by  the  press 
and  the  politicians  to  the  passions  and  prejudices 
of  the  multitude,  forbade  all  freedom  of  thought 
and  of  action.  Let  us  see. 

The  press  and  the  politicians,  with  untiring 
effort,  impressed  it  upon  the  masses  that  the  Lin 
coln  Government  would  not  leave  them  the  sem 
blance  of  a  right.  Hence,  it  was  the  common 
popular  expression,  put  into  the  mouths  of  the 
uninformed  by  designing  disunionists — "we 
can't  submit  to  a  Black  Republican  Administra 
tion."  And  those  who  put  this  clap-trap  argu 
ment  upon  the  lips  of  the  deceived  never  took 
the  care  to  tell  the  victims  of  their  deception  that 
there  was  a  decided  majority  in  both  houses  of 
Congress  against  the  Black  Republican  Adminis 
tration,  and  that  that  Administration  was,  there 
fore,  powerless  to  harm  the  South. 

The  people  were  told,  next,  that  they  would  be 
far  better  off  with  an  independent  Southern  re 
public  than  with  the  old  Union,  and  that  their 
taxes  would  be  less,  because  then  the  South 
would  no  longer  pay  tribute  to  the  North,  arid 
because  there  would  be  then  no  tariffs,  but  free 
trade,  and  direct  trade,  and  cheap  goods — appeals 
of  all  the  most  likely  to  delude  the  common  mind. 

Thirdly,  it  was  represented,  with  ceaseless  re 
petition,  that  if  Virginia  seceded,  there  would  be 
no  war  —  that  her  influence  and  power  were  so 
great  that  the  moment  she  seceded,  all  the  Border 
States  would  follow,  and  that  then  the  Federal 
Government  would  "  back  down,"  and  recognise 
the  Southern  Confederacy. 

It  was  next  strenuously  urged  that  the  North 
ern  people  would  not  fight.  Senator  Hammond 
said  in  a  public  speech  that  the  moment  it  should 
be  announced  that  eight  Cotton  States  had  se 
ceded,  "  the  North  would  grow  pale  and  tremble, 
and  revolution  would  be  there,  not  here."  And 
it  was  said,  further,  that  if  it  came  to  a  fight,  onf 
Southern  man  was  equal  to  five  Northern.  Then 
came  the  assurance  that  if  the  war  began,  foreign 
intervention  would  soon  end  it.  France  and 
England,  it  was  hourly  said,  ever  willing  to  weak 
en  American  power,  would  soon  interfere,  and, 
by  recognising  the  Southern  Confederacy,  secure 
its  independence  and  give  it  peace. 

And  further  to  inveigle  the  people  into  seces 
sion,  it  was  earnestly  insisted  that  the  Democracy 


238 


REBELLION  RECORD,  1860-1. 


of  the  North  were  the  natural  allies,  and  had  al 
ways  been  the  friends,  of  the  South,  and  that  one 
half  of  them  would  be  on  the  side  of  the  South, 
and  that  the  North  being  thus  divided  and  the 
South  united,  the  latter  would  have  its  independ 
ence  established  without  incurring  any  of  the 
consequences  of  war. 

Later  in  the  struggle  the  secessionists  mended 
their  hold,  and  advanced  to  more  passionate  ap 
peals.  The  people  were  told  that  the  war  was 
begun  by  Mr.  Lincoln,  and  to  subjugate  the 
South. 

Then,  again,  it  was  urged  that  the  war,  thus 
begun  by  Mr.  Lincoln,  and  against  the  South, 
had  for  one  of  its  objects  the  abolition  of  slavery. 

And  lastly,  with  a  vehemence  amounting  to 
frenzy,  the  alarm  was  rung  night  and  day,  that 
Mr.  Lincoln's  proclamation  of  April  fifteenth,  1861, 
was  an  out  and  out  actual  declaration  of  war 
against  the  Southern  people,  and  an  invasion  of 
their  homes. 

These  artful  and  passionate  appeals  so  fired 
the  popular  mind,  and  so  stimulated  coercion  and 
intimidation,  that  a  popular  convention  was  called 
to  assemble  at  Richmond,  (I  think  on  the  fifteenth 
of  April,)  for  the  purpose,  it  was  generally  sup 
posed,  and  as  I  solemnly  believe,  to  drive  the 
constitutional  convention  (then  sitting)  into  the 
adoption  of  a  secession  ordinance. 

The  call  of  Mr.  Lincoln  for  the  militia  to  exe 
cute  the  laws,  which,  as  I  have  just  said,  was  pro 
claimed  and  denounced,  with  demoniac  excite 
ment,  as  an  actual  and  deliberate  declaration  of 
war  against  the  South,  forestalled  the  purposed 
action  of  this  popular  convention,  having  pro 
duced  the  result  designed,  the  passage  of  a  seces 
sion  ordinance,  which  took  place  on  the  seven 
teenth  of  April 

From  the  passage  of  the  secession  ordinance  to 
the  twenty-third  of  May,  when  the  final  vote  of 
the  people  was  taken  on  it,  the  sensation  efforts 
waxed  fiercer  and  more  wrathful,  misrepresenta 
tion  was  redoubled  and  coercion  employed  in 
every  form,  and  when  the  hour  of  voting  came,  it 
is  useless  to  say  it  was  not  a  free  vote.  Had  it 
been  an  untrammelled  vote  —  a  vote  uninfluenced 
by  fear  or  misrepresentation — I  believe  most  sol 
emnly  that,  this  hour,  the  people  of  Virginia,  in 
stead  of  suffering  all  the  horrors  of  a  fratricidal 
war,  would  be  quietly  enjoying  the  manifold 
blessings  of  the  Union. 

I  hold,  with  all  deference,  that  a  vote  of  my 
State,  cast  under  such  circumstances,  is  not  bind 
ing  on  me  as  one  of  her  citizens.  The  misrepre 
sentation  alone,  to  say  nothing  of  intimidation 
and  other  forms  of  coercion,  rendered  the  vote  a 
fraud  upon  the  elective  franchise,  and  fraud  vi 
tiates  all  transactions. 

I  claimed  the  right,  as  a  citizen,  to  judge  the 
truth  or  falsehood  of  the  various  allegations  on 
which  the  people  of  my  State  were  asked  to  do 
the  grave  act  of  pulling  down  the  noble  fabric  of 
union  which  their  fathers  had  reared.  I  did 
judge,  and  my  judgment  was  and  is,  that  the 
allegations  had  no  foundation  in  truth  and  fact. 

I  did  not  believe  in  the  wrongs  to  the  South 


which  had  been  charged  upon  the  North.  I  saw 
no  practical  aggression  by  the  Federal  Govern- 
ment  upon  the  rights  of  the  South.  I  asked, 
"  Where  are  they  ?"  and  echo  answered,  "  Where 
are  they  ?"  I  did  not  believe  that  secession  could 
avert  war.  I  did  not  believe  in  peaceable  seces 
sion.  With  the  great  Webster,  I  did  not  believe 
in  the  "  breaking  up  of  the  fountains  of  the  great 
deep  without  ruffling  the  surface."  I  did  not  be 
lieve  in  or  dread  foreign  intervention.  I  believed 
the  North  would  fight.  I  did  not  believe  that  the 
Democracy  of  the  North  and  West  would  fight 
for  the  South  against  the  old  flag.  I  knew,  lull 
well,  that  whenever  traitorous  hands  should  dare 
haul  down  the  nation's  star-gemmed  banner,  "the 
great  Bell  Roland"  would  toll,  and  million? 
would  rush  from  city,  country,  valley,  and  moun 
tain,  to  fling  back  its  glory-lit  folds  to  the  breeze. 
I  did  not  believe,  nor  do  I  now,  that  the  Federal 
Government  began  the  war,  nor  can  any  man, 
who  has  the  least  regard  for  truth,  so  say.  The 
war  was  begun  when  South-Carolina,  by  seces 
sion,  broke  equally  her  own  faith  and  the  laws  of 
the  United  States. 

The  war  advanced  as  each  other  State  success 
ively  seceded.  The  war  was  palpable  and  unmis 
takable,  and  aggressive  and  wicked,  when  the 
forts,  ships,  arms,  mints,  and  money  of  the 
United  States  were  forcibly  seized  by  the  seceding 
States.  If  the  forcible  seizure  efforts  and  ships, 
and  arms  and  mints,  does  not  constitute  wrtr,  n 
God's  name  what  does  ?  Did  not  war  flame  when 
the  confederate  States  opened  their  batteries 
upon  Fort  Sumter,  confessedly  the  property  of 
the  United  States  ?  What  is  war  but  a  hostile 
assault  by  one  nation  upon  another  ?  And  who, 
in  this  conflict,  made  the  first  assault  ? 

Nor  do  I  believe  that  Mr.  Lincoln's  proclama 
tion  was  war  upon  Virginia,  or  the  South.  And 
as  this  proclamation  was  most  successfully  wield 
ed  for  inflaming  the  popular  mind,  and  did  more 
than  all  else,  perhaps,  to  induce  the  secession  of 
Virginia,  I  note  the  point  especially. 

The  proclamation  was  war  upon  nobody.  It 
was  defence  against  war.  Nay,  more,  it  was 
duty.  The  President  of  the  United  States  would 
have  been  false  to  duty  arid  to  honor,  if,  after  the 
bombardment  of  Fort  Sumter,  he  had  failed  to 
call  out  the  militia.  I  think  he  should  have  done 
so  the  first  moment  after  his  inauguration ;  for 
he  found,  on  his  accession,  several  States  by 
force  resisting  the  laws  of  the  United  States,  in 
actual  possession  of  United  States  forts,  and,  in 
deed,  in  actual,  undoubtful  rebellion.  Mr.  Bu 
chanan  had  virtually  abdicated  the  Government, 
and  surrendered  to  the  open  violators  of  the  laws 
and  the  avowed  enemies  of  the  Government,  and 
Mr.  Lincoln  would  have  been  entirely  right  if  he 
had  made  the  calling  out  of  the  militia  the  very 
first  act  of  his  administration.  In  not  doing  so 
he  exhibited  especial  moderation,  prompted,  no 
doubt,  by  a  patriotic  desire  for  peaceful  adjust 
ment.  In  any  event,  he  did  only  what  Washing 
ton  had  done  before  him.  Washington  called  out 
the  militia  to  put  down  the  whisky  insurrection 
in  Pennsylvania,  under  the  Act  of  1792  j  Mr. 


DOCUMENTS. 


239 


Lincoln  called  it  oat  to  suppress  a  far  greater  and 
more  wicked  rebellion,  under  the  Act  of  1795, 
which  was  made  more  stringent  than  the  Act  of 
1702,  and  of  indefinite  duration,  whereas  the  Act 
of  1792  was  limited  to  less  than  three  years.  These 
modifications  were  doubtless  suggested  by  the 
Pennsylvania  rebellion.  At  all  events,  there  was 
the  law  —  declared  by  the  Supreme  Court  to  be 
constitutional  —  in  full  force  ;  there  it  was,  star 
ing  Mr.  Lincoln  in  the  face,  and  commanding 
him,  "whenever  the  laws  of  the  United  States 
should  be  opposed,  or  the  execution  thereof  be 
obstructed  in  any  State,  by  combinations  too 
powerful  to  be  suppressed  by  the  ordinary  course 
of  judicial  proceedings,  or  by  the  powers  vested 
in  the  marshals,  to  call  forth  the  militia  to  sup 
press  the  combinations,  and  see  the  laws  duly 
executed."  Had  he,  with  this  statute  before 
him,  failed  to  call  the  militia  into  service,  he 
would  not  only  have  been  unfaithful  to  his  trust, 
but  the  sin  of  perjury  would  have  rested  upon 
him.  Nor  could  the  pregnant  facts  have  been 
overlooked  or  disregarded  that,  on  the  sixth  of 
March  —  seven  weeks  anterior  to  the  date  of  the 
Proclamation  —  the  Congress  of  the  Confederate 
States  had  made  provision,  by  law,  for  raising  an 
army  of  one  hundred  thousand  men,  and  that  the 
Secretary  of  War  of  the  confederate  States  had 
boasted,  on  the  twelfth  of  May  —  the  day  Fort 
Sumter  was  bombarded  —  "  that  the  flag  of  the 
confederate  States  of  America  would  float  over 
the  dome  of  the  Capitol  at  Washington  before 
the  first  of  July,  and  eventually  over  Faneuil 
Hall  itself."  For  what  object  was  the  raising  of 
this  large  army  provided  for  but  to  resist  the  ex 
ecution  of  the  Federal  laws  within  the  seceded 
States  ? 

The  proclamation,  then,  of  April  the  fifteenth, 
was  no  war  upon  Virginia. 

No  :  Virginia  herself  commenced  a  war  upon 
the  United  States.  When  the  President  called 
out  the  militia,  he  had  the  undoubted  constitu 
tional  power  to  order  their  march  at  all  times 
through  the  territory  of  Virginia,  and  of  every 
other  State.  The  Federal  Government  has,  ex 
clusively,  the  war-making  power  for  the  whole 
Union,  and  the  power  to  declare  war  and  raise 
armies  includes  the  power,  necessarily,  to  march 
the  Federal  troops  all  over  the  land.  Had  the 
militia  then  been  marched  into  or  through  Vir 
ginia,  it  would  have  been  no  invasion  of  the 
"  sacred  soil."  It  would  have  been  clear  right, 
not  a  warlike  act. 

But  which  committed  the  first  act  of  aggres 
sion,  Virginia  or  the  United  States  ?  The  facts 
clearly  put  the  responsibility  on  the  former.  As 
far  back  as  the  thirtieth  of  March,  1861— eighteen 
days  before  she  seceded,  and  sixteen  before  the 
proclamation  —  Virginia  had  seized  the  United 
States  guns  at  Bellona  arsenal.  This  I  know 
personally,  for  I  was  at  the  time,  as  you  know,  a 
member  of  the  Legislature,  and  resisted  the  act 
as  unlawful  and  shameful.  On  the  seventeenth 
of  April,  1861,  by  order  of  Gov.  Letcher,  the 
channel  of  Elizabeth  River  was  obstructed  by  the 
sinking  of  vessels  loaded  with  granite,  so  that 


United  States  ships  could  not  pass  up  to  the 
Navy-Yard  at  Gosport,  nor  merchantmen  to  Nor 
folk,  in  pursuit  of  legitimate  commerce.  On 
the  eighteenth  of  April,  a  force  was  sent  by  Gov. 
Letcher  to  take  possession  of  Harper's  Ferry, 
when  the  Virginia  forces  fired  on  the  United 
States  soldiers,  and  killed  two.  April  the  eigh 
teenth,  the  custom-house  and  post-office  at  Rich 
mond  were  seized,  and  about  the  same  time  the 
custom-house  at  Norfolk,  and  the  navy -yard  at 
Gosport.  Now,  all  these  were  acts  of  war,  and 
they  transpired  before  a  United  States  soldier 
trod  the  soft  of  Virginia,  or  a  gun  was  fired  with 
in  hearing  of  her  people.  On  the  seventeenth  of 
April,  Gov.  Letcher  issued  his  proclamation  call 
ing  on  the  people  of  Virginia  to  hold  themselves 
in  readiness  to  resist  the  Federal  troops  ;  and  on. 
the  twenty-fourth  of  April  the  State  became  a 
member  of  the  Southern  Confederacy.  By  this 
act  she  became  a  party  to  all  the  hostile  acts  of 
the  government  of  the  confederate  States  —  the 
bombardment  of  Fort  Sumter,  the  seizure  of  the 
forts  and  ships,  and  all  other  illegal  and  belliger 
ent  acts  of  the  new  confederation.  All  this  was 
before  any  advance  of  a  Federal  army  into  Vir 
ginia.  No  advance  was  made,  indeed,  until  the 
twenty  -  fourth  of  May,  when  Alexandria  was 
taken.  Nor  would  a  hostile  Federal  foot-print 
have  impressed  her  soil  unless  she  had  herself 
first  committed  acts  of  aggression  and  war,  and 
invited  and  allowed  the  armed  enemies  of  the 
United  States  to  make  her  territory  the  battle 
ground  for  the  resistance  of  the  Federal  authori' 
ty,  and  the  destruction  of  the  Government  itself. 
Indeed,  except  for  the  contribution  of  her  right 
ful  military  quota,  the  President's  Proclamation 
calling  forth  the  militia  did  not  apply  to  Virginia, 
and  could  not,  until  she  had  placed  herself  in  the 
same  category  with  the  rebellious,  resisting 
States.  She  chose  to  bring  herself  within  the 
scope  of  the  Proclamation,  and  the  act  and  the 
awful  consequences  are  her  own.  Had  she 
taken  the  position  of  Maryland,  Kentucky,  and 
Missouri,  every  one  of  her  loyal  citizens  would 
have  been  within  the  saving  protection  of  the 
United  States. 

With  what  reason,  then,  can  it  be  said  that 
Mr.  Lincoln  made  war  on  Virginia,  and  invaded 
the  homes  of  her  people  ?  And  yet  thousands 
of  her  citizens  were  hurried  into  disunion  by  the 
misguided  notion  that  they  were  acting  on  the 
defensive  against  an  unconstitutional  and  aggres 
sive  war. 

Not  less  absurd  was  the  pretext  that  the  object 
of  the  war  was  to  subjugate  the  South.  There 
was  not  one  fact  to  justify  such  a  declaration. 
The  Proclamation  of  April  the  fifteenth  looked 
only  to  the  execution  of  the  laws,  and  the  de 
fence  of  the  Capital  from  threatened  sack ;  and, 
since,  there  has  been  no  act  of  the  Government 
bearing  the  faintest  semblance  of  subjugation. 

And  as  groundless  was  the  charge  that  general 
emancipation  was  an  object  of  the  war ;  for  the 
Republican  platform  itself  expressly  disclaims 
all  right  of  Federal  interference  with  the  domestic 
affairs  and  institutions  of  the  States ;  the  House 


240 


REBELLION  RECORD,  1860-1. 


of  Representatives,  early  in  1861,  several  months 
before  Virginia  seceded,  almost  unanimously  de 
nied  the  right  or  the  purpose  of  the  Federal  Gov 
ernment  to  interfere  with  slavery  in  the  States; 
and  at  the  extra  session  in  July  last,  that  body, 
by  all  the  votes  but  two  —  and  those  two  of 
Southern  men — declared  that  the  purpose  of  the 
war  was  not  the  abolition  of  slavery  or  the  sub 
jugation  of  the  South,  but  the  salvation  of  the 
Government,  and  the  restoration  of  the  Union. 
As  for  the  Executive  branch  of  the  Government, 
it  has  done  notlling  thus  far  to  encourage  the 
idea  either  of  emancipation  or  subjugaflon.  What 
may  occur  hereafter,  I,  of  course,  cannot  under 
take  to  say  ;  but  if  the  action  of  Mr.  Lincoln  in 
overruling  the  proclamation  of  Gen.  Fremont, 
and  the  sentiments  of  Secretary  Caleb  B.  Smith, 
in  his  patriotic  speech  delivered  in  Rhode  Island 
during  the  past  summer,  be  any  index  to  the  fu 
ture  conduct  of  the  Administration,  the  struggle 
we  are  engaged  in  will  preserve  the  character, 
thus  far  exhibited,  of  an  honest  effort  for  the  pre 
servation  of  the  Government,  and  the  bringing 
back  of  the  ancient  Union. 

I  repeat,  secession  was  never  the  act  of  Vir 
ginia.     A  large  majority  of  the  members  of  her 
Convention  had  been  elected  as  Union  men,  and  j 
but  ten  days  before  the  passage  of  the  secession  ! 
ordinance,  the  ill-omened  measure  had  been  voted  • 
down  by  a  heavy  vote.     Now  I  hold  that  the  en- ; 
actment  of  a  secession  ordinance  by  men  who  had  | 
been  elected  and  trusted  by  the  people  as  Union  ! 
men,  was  in  violation  of  every  principle  of  repre-  j 
sentative  government  and  of  good  faith  ;  was,  in 
deed,  a  daring  fraud  upon  the  elective  franchise, 
and  an  outrage  upon  the  sovereign  people.      The 
judgment  pronounced  at  the  polls  in  February 
last,   which  filled  the  Convention  with  Union-  j 
pledged  members,  stood  the  judgment  of  the  peo 
ple  until  reversed  by  the  same  tribunal  that  had 
originally  entered  it  up,  and  until  set  aside  in  the 
same  solemn  mode.     Nothing   had  occurred  to 
justify  the  presumption  of  a  change  in  the  popu 
lar  sentiment  but  the  President's  Proclamation, 
which  every  member  of  the  Convention  well  knew 
was  in  strict  pursuance  of  law,  and  did  not,  as  a 
hostile  or  coercive  measure,  embrace  Virginia  at 
the  time  of  its  issue,  for  then  she  had  not  seceded. 
What  the  reason  was  for  this  sudden  and  extra 
ordinary  shifting ;  whether  the  outside  pressure, 
in  the  shape  of  panic  or  intimidation,  reached  the 
hall  of  the  Convention  or  not,  I  undertake  not  to 
say.     But  I  do  say  that,  for  some  cause  or  other, 
the  men  of  that  body,  distinguished  as  many  of 
them  are,  did  not  act  up  to  the  great  duty  of  a 
great  occasion.     Secession,  under  such  circum 
stances,  bound  no  one. 

True,  a  vote  of  the  people  did,  soon  after,  ratify 
the  ordinance  of  secession,  but  the  knee-shaking 
of  the  leading  men  was  soon  communicated,  as  if 
by  contagion,  to  the  alarmed  and  credulous 
masses,  and  contributed  materially  to  the  result ; 
and,  besides,  it  has  been  already  demonstrated 
that,  in  that  vote,  there  was  no  freedom.  There 
was  in  it,  in  truth,  no  more  of  moral  freedom, 
than  there  would  be  of  physical  liberty  in  a  per 


son  bound  hand  and  foot  with  massive  chains, 
too  strong  for  human  strength  to  sever. 

With  these  views,  honestly  entertained,  you 
will  perceive  how  difficult  it  must  be  with  me  to 
tread,  even  with  my  State,  the  thorny  path  of 
secession.  I  could  not,  and  thank  God  I  did 
not,  yield  to  the  misrepresentation,  prejudice,  pas 
sion,  and  intimidation,  which  rendered  her  vote 
on  her  secession  ordinance  a  nullity,  and  I  am 
quite  willing  to  bear  all  the  consequences,  be  they 
what  they  may. 

There  are  still  other  reasons  why  I  could  not 
favor  secession.  I  thought  I  saw,  in  disunion, 
the  sure  doom  of  the  great  Southern  institution 
of  slavery.  I  am  now  convinced  that  my  evil  au 
guries  are  at  least  approaching  fulfilment,  and  by 
the  acts  of  the  slaveholders  themselves.  None 
else  could  have  shaken  the  foundations  of  the  in 
stitution.  Before  this  thing  of  secession  began, 
it  was  reposing  quietly  and  safely  and  acquiring 
strength,  its  antagonisms  gradually  compromising 
on  account  of  the  constantly  increasing  demand 
for  cotton,  rice,  sugar,  and  tobacco,  which  are 
most  naturally  and  successfully  the  products  of 
slave  labor.  But  necessity  is  a  shrewd  teacher ; 
and  it  is  now  discovered  that  many  regions  of 
the  earth  hitherto  regarded  as  unsuited  to  the  cot 
ton  culture  are  well  adapted  to  it.  To  say  noth 
ing  of  India  and  Australia,  Central  America  and 
the  Island  of  Hayti,  with  climate  reasonably 
suited  to  white  labor,  can  furnish  cotton  for  the 
present  consumption  of  the  world.  A  few  years' 
continuance  of  the  war,  by  the  high  prices  result 
ing  from  the  sudden  loss  of  the  American  crop, 
will  stimulate  the  production  of  the  staple  in  nu 
merous  parts  of  the  world  where  it  is  not  now 
raised,  and  then  the  Southern  monopoly  will  be 
gone,  and  with  it  will  go  Southern  slavery  forever. 
Without  cotton,  what  is  slaver}7  worth  ? 

Never  have  I  known  such  an  infatuation  as  that 
of  the  slaveholders  destroying  the  Union  to  save 
slavery.  It  was  never  so  safe  as  under  the  aegis 
of  the  Constitution  of  the  United  States.  In  this 
Union,  it  has  "flourished  like  the  green  bay 
tree,"  and  it  has  flourished  nowhere  else.  I  think 
the  views  I  earnestly  pressed  upon  our  Legisla 
ture  just  before  the  State  seceded,  and  often  be 
fore,  are  those  which  should  have  governed  the 
slaveholders  of  the  South.  I  said  : 

"In  my  judgment,  there  is  no  safety  for  this 
institution  save  in  the  Constitution  of  the  United 
States.  There  it  is  recognised  and  protected. 
No  other  property  is  specially  protected.  Slaves 
are  represented;  no  other  property  is.  This 
Union  of  ours  is  the  great  bulwark  of  slavery. 
Nowhere  else  has  it  flourished  ;  and,  break  up 
the  Union  when  you  will,  you  knock  away  its 
strongest  prop.  A  Southern  confederacy  will  be 
to  it  its  deadliest  blast,  if  not  its  grave.  The 
whole  civilized  world  is  intensely  hostile  to  slave 
ry  ;  and  the  moment  a  new  confederacy  is  formed, 
based  on  the  single  idea  of  slavery,  numerous  and 
malignant  antagonisms  will  be  evoked  which  may 
endanger  the  institution.  But,  under  the  shield 
of  the  Constitution  of  the  United  States,  these 
antagonism^  whether  foreign  or  domestic,  are, 


DOCUMENTS. 


241 


and  ever  will  be,  harmless.  In  that  blessed  in 
strument  it  is  a  recognised  institution — part  and 
parcel  of  our  frame  of  government,  and  of  our 
socfal  and  industrial  systems  — to  the  protectior 
of  which  the  entire  power  of  the  great  Govern 
ment  of  the  United  States  stands  pledged  before 
the  entire  world.  Thus  secure  under  the  wing 
of  the  Union,  why  shall  we  risk  its  security  \>y 
rushing  on  untried  experiments  ?" 

Yes,  why  should  we  ?  Why  expose  it  to  the 
exaccirig  and  perilous  necessities  of  war  ?  Why 
let  it  go  within  reach  of  a  whirlpool,  whose  strong 
vortex  may  sweep  down  its  bark,  and  submerge 
it  forever  ? 

Another  exception  I  am  constrained  to  take  to 
pursuing  the  course  my  State  prescribes  me,  is, 
that  she  has  transferred  me  to,  and  made  ngp  a 
citizen  of,  the  confederate  States,  without  giving 
me  a  chance  of  indicating  my  assent  or  dissent. 
Bound  hand  and  foot,  I  am  sold  to  South-Caroli 
na,  for  she  did  the  "dragging."  I  dispute  the 
fairness  of  the  sale  ;  I  impeach  the  indentures  for 
fraud ;  and  if  I  am  to  be  spld,  I  want  the  poor 
privilege  of  choosing  my  master.  I  shudder  at 
the  thought  of  being  sold  to  South-Carolina.  For 
near  forty  years  she  has  been  a  disturber  of  the 
national  peace ;  for  near  forty  years  she  has 
never  caught  one  inspiration  from  the  stars  and 
stripes.  She  is  a  wicked,  seditious  State.  She 
hates  the  Union  ;  /  love  it  with  all  my  soul.  Let 
me  never  —  oh !  let  me  never  be  turned  over  to 
such  a  State.  Let  me  be  a  Russian  serf,  rather ! 
And  then,  to  think  of  Virginia — once  proud  Vir 
ginia — the  "mother  of  states  and  statesmen" — 
the  land  of  stirring  memories  and  "  bright  par 
ticular"  renown  —  crouched  at  the  footstool  of 
South-Carolina ! 

One  more  reason  why  I.  could  not  venture  the 
fatal  leap  of  secession.  I  had  not  the  courage — 
I  frankly  own  I  wanted  the  courage.  When 
Walpole,  a  prime  minister  of  Great  Britain,  was 
taunted  with  an  unwillingness  to  tax  America,  he 
replied :  u  I  will  leave  that  measure  to  some  one 
of  my  successors  who  has  more  courage  than  I 
have."  And  so  say  T.  I  leave  this  dangerous, 
awful  thing  of  secession  to  those  who  have  more 
courage  than  1  claim  to  possess.  And  I  trust 
that  those  who  have  shown  more  courage  in  this 
matter  than  I  could  summon,  will  not  have  occa 
sion  to  be  reminded  of  the  ill-fated  history  of  the 
Grenville  ministry,  that,  having  more  courage 
than  Pitt  and  Walpole,  did  undertake  to  tax 
America,  and,  by  so  doing,  lost  to  England  the 
brightest  jewel  in  her  crown. 

When  I  thought  on  the  unhappy  consequences 
that,  I  plainly  foresaw,  would  come  upon  my 
State  and  her  people ;  when  I  saw,  as  plainly  as 
I  ever  saw  God's  sun  in  the  heavens,  that  if  Vir 
ginia  seceded,  her  territory  would  become  the 
theatre  of  a  devastating  war,  and  she  and  her 
citizens  the  chief  sufferers  by  it,  while  the  guiltier 
parties  who  had  brought  it  on  would  repose  in 
the  shade  of  comparative  peace  and  ease ;  when  I 
reflected  that  an  absolute  ruin  of  all  her  vital  in 
terests  was  inevitable ;  that  her  grand  system  of 
iiternal  improvements — hQr  future  hope — would 


lie  a  heap  of  prostrate  ruins ;  that  repudiation 
even  would  be  her  doom  by  the  exhausting  effects 
of  an  exhausting  war  ;  that  her  people  would,  by 
blockade,  be  cut  off  from  the  markets  of  the 
world,  their  comforts  abridged,  the  price  of  all 
the  necessaries  of  life  advanced  to  insufferable 
rates,  and  the  burdens  of  taxation  crushing  down 
the  energies  of  her  tax-payers ;  that  all  the  poor 
people  of  her  tide-water  region,  whose  subsistence 
was  derived  almost  exclusively  from  the  Northern 
trade,  would  be  reduced  to  starvation ;  that  she 
would  lose,  in  the  first  month  of  secession,  two 
hundred  millions  of  dollars  in  her  slave  property 
alone;  when  I  contemplated  the  penury,  and 
want,  and  suffering  of  the  humble  poor  which 
war  brings  with  infallible  certainty  for  that  more 
helpless  class ;  the  social  desolation,  the  broken 
hearts,  the  helpless  widowhood  and  orphanage, 
the  severance  of  all  the  dear,  sweet  ties  of  life, 
the  burning  hates,  the  alienation  of  bosom  from 
bosom,  the  "death-feud's  enmities"  which  can 
die  only  at  the  point  of  the  piercing  sword,  the 
separation  of  husbands  and  wives,  and  fathers 
and  mothers,  and  sons  and  daughters,  the  blood 
and  death  of  war's  sad  havoc :  I  say,  when  I 
thought  of  all  these  inevitable  consequences  of 
secession,  my  courage  sank,  and  I  resolved  —  I 
know  now  I  was  right — to  have  my  skirts  clear 
and  my  hands  clean  when  the  day  of  retribution 
should  come. 

Caius  Marius,  at  the  end  of  one  of  the  civil  wars 
that  had  wasted  the  blood  and  substance  of 
Rome,  was  forced  to  sink  himself  up  to  the  chin 
in  the  marshes  of  Minturna,  to  escape  recognition 
and  the  vengeance  of  his  wronged  and  ruined 
countrymen.  I  have  no  ambition,  nor  do  I 
mean  to  have  the  fate  of  Marius  mine. 

Another  consideration,  of  itself  controlling, 
moves  me  against  secession.  In  God's  name, 
what  does  the  South  want  with  independence  ? 
tt  is  no  boon — it  will  prove  a  fearful  and  enduring 
curse. 

Provision  for  self-destruction  being  expressly 
made  in  the  constitution  of  the  confederate 
States,  by  conceding  to  each  of  the  confederating 
Darties  the  right  to  withdraw  at  will,  what  can 
;he  government  end  in  but  convulsing  changes 
and  revolutions,  destructive  of  all  material  ad 
vancement,  and  of  all  social  quiet  and  happiness  ? 
Jan  such  a  government  last  a  lustrum  ?  Can  it, 
br  example,  confine  within  its  restraints  even  for 
ive  short  years,  the  turbulent  spirit  of  South- 
Carolina  ?  Such  a  government  is  no  government, 
[t  is  not  worth  a  rush. 

And  if  all  history  be  not  at  fault,  border  wars 
will  be  inevitable,  and  a  taxation,  to  protect  a  long 
rentier,  which  would  destroy  the  substance  and 
)aralyze  the  energies  of  any  people  on  earth. 

The  next  bitter  fruit  will  be  entangling  alii- 
ances  with  foreign  powers,  perhaps  abject  de- 
>endence  on  them,  or,  may  be,  ultimate  subjuga- 
ion. 

But  this  branch  of  the  subject  I  turn  over  to  a 
master  limner,  the  Hon.  Jere.  Clemens,  of  Ala- 
)ama,  who  spoke  thus  to  the  people  of  Hunts- 
ville,  during  the  last  Presidential  canvass : 


242 


REBELLION  RECORD,  1860-1. 


"  If  secession  could  be  peaceably  effected  —  if 
the  Northern  and  Southern  States  could  be  by 
common  consent  divided  into  two  separate  con 
federacies — if  not  one  drop  of  blood  was  spilled, 
or  one  blade  of  grass  destroyed,  in  making  the 
change,  it  would  still  bring  unnumbered  evils  in 
its  train.  There  would  be  a  standing  army  to  be 
maintained  of  not  less  than  fifty  thousand  men, 
at  a  cost  of  fifty  millions  of  dollars  per  annum. 
A  navy  must  be  built  up,  and  the  money  for  that 
purpose  dragged  from  the  pockets  of  the  people. 
There  would  be  a  long  line  of  frontier  extending 
from  the  Atlantic  Ocean  to  the  western  limits  of 
Missouri,  and  from  the  northern  boundary  of  that 
State  to  the  Rio  Grande,  which  it  would  be  neces 
sary  to  stud  with  military  posts,  and  every  mile 
of  which  would  require  to  be  secured  by  armed 
patrols,  for  the  double  purpose  of  enforcing  the 
revenue  laws  and  preventing  the  escape  of  fugi 
tive  slaves.  Every  harbor  along  the  vast  extent 
of  seacoast,  from  Delaware  Bay  to  the  Rio 
Grande,  would  require  an  appropriation  of  mil 
lions  for  its  fortifications.  The  people  would  be 
ground  down  by  taxes,  and  demoralized  by  the 
constant  presence  of  troops  in  their  midst,  who 
acknowledged  no  restraints  but  those  of  military 
law.  Incessant  quarrels  would  grow  up  between 
you  and  your  Northern  neighbors,  and  bloody 
wars  would  desolate  your  frontiers,  if  they  did 
not  spread  destruction  throughout  every  portion 
of  your  territory. 

"  The  dream  of  a  Southern  Confederacy  is  the 
wildest  vision  that  ever  troubled  the  brain  of  a 
moon-struck  enthusiast ;  a  dream  interrupted  by 
bloody  conflicts  with  your  neighbors,  and  a  vile 
dependence  on  a  foreign  power." 

As  for  the  other  condition  on  which  I  may  be 
safe  in  Virginia,  the  taking  of  the  oath  of  allegi 
ance  to  the  confederate  States  of  America,  I 
spurn  it  with  infinite  scorn.  I  would  sooner  rot 
in  a  dungeon  than  swear  any  such  fealty. 

This  Government  of  the  confederate  States  of 
America  I  regard  as  the  grandest,  most  stupen 
dous,  foulest  fraud  known  in  the  history  of  the 
world.  It  is  no  government  of  the  people.  The 
people  had  no  part  nor  lot  in  the  matter.  It  was, 
as  to  the  Cotton  States  at  least,  the  precipitation 
of  discontented  or  ambitious  spirits,  that  sought 
no  redress  for  actual  grievances,  but  who,  for  a 
higher  civilisation,  or  a  pure  slave  republic,  or 
some  other  Utopian  project,  longed  to  break  down 
the  Government.  "  All  changes  in  the  funda 
mental  law  of  a  State,  (said  Mr.  Calhoun,)  ought 
to  be  the  wrork  of  time,  ample  discussion,  and  re 
flection."  But  how  was  it  with  the  formation  of 
this  Southern  Confederacy  ?  The  South-Carolina 
Convention  met  on  the  seventeenth  of  December, 
18GO,  and  on  the  twentieth,  she  was  out  of  the 
Union.  And  in  less  than  four  months,  eight  stars 
had  been  struck  from  the  National  standard.  A 
government  which  it  had  cost  our  fathers  seven 
years  of  hard  fighting,  and  as  many  of  hard  ex 
perience  and  sober  reflection  to  create,  in  four 
short  months  dashed  into  ruins !  And  this  with 
out  the  people  being  allowed  the  poor  privilege 
of  saying  whether  they  would  or  would  not  sanc 


tion  the  vandalism !  I  can  swear  by  no  such 
government.  Nor  do  I  desire  to  live,  or  have  my 
children  live,  under  a  government  which  con 
tains,  in  the  very  first  paragraph  of  its  Constitu 
tion,  the  principle  of  dissolution  Give  i.,e,  rather, 
a  government  under  which  I  and  mine  will  have 
some  guarantee  for  safety  to  property  and  for 
stability  in  all  the  rights  of  society ;  some  safe 
guard  against  fickle  change  and  destroying  revo 
lution.  Give  me  the  old  Union — the  Union  of 
Washington  and  Madison,  and  Franklin,  and 
not  this  poor  abortion  of  Davis,  Yancey,  and 
Rhett,  which, 

**  Like  the  Borealis  race, 
That  flits  ere  you  can  find  the  place,n 

may  be  here  to-day,  and  forever  gone  to-morrow. 

In  truth,  this  struggle  on  the  part  of  the  loyal 
States,  is  a  struggle  for  the  very  existence  of  the 
institution  of  property,  and  of  all  government  it 
self.  As  such,  it  ought  to  be,  and  must  be  met. 

For  one,  I  cannot  listen  to  the  dulcet  strain 
which  comes  up  from  the  South  on  a  thousand 
strings,  that  this  struggle  of  the  Cotton  States  is 
a  struggle  for  the  great  principles  of  civil  liberty. 
To  put  it  on  so  honorable  a  basis,  is  bold  impos 
ture.  The  Constitution  of  the  United  States  is 
the  best  system  of  civil  liberty  that  ever  ema 
nated  from  human  hearts  and  heads.  It  is  the 
accumulated  political  wisdom  of  the  world,  from 
the  time  of  Magna  Charta  to  1789.  Those  who 
would  subvert  it,  are  no  friends  to  civil  liberty. 
They  are  strangers  to  the  spirit  of  Hampden,  and 
Russell,  and  Pym,  and  Algernon  Sidney,  and 
Washington,  and  Hancock,  and  Otis,  and  Thatch 
er,  and  Madison,  and  Clay,  and  Webster.  Yet 
more  unblushing  is  the  effrontery  which  would 
liken  the  contest  in  which  the  confederate  States 
are  engaged,  to  the  struggle  for  colonial  liberty 
in  the  Revolution.  The  comparison  is  almost 
profanity.  It  utterly  falsifies  history.  The  great 
principle  of  the  American  Revolution  was,  that 
taxation  and  representation  should  not  be  dis 
united.  The  Colonies  contended  that  unless  they 
were  represented,  they  should  not  be  taxed — 
that  they  who  paid  the  taxes,  should  have  a  voice 
in  their  imposition.  Is  any  such  principle  in 
volved  in  the  present  conflict?  Was  ever  the 
right  claimed  to  tax  the  Southern  people  without 
representation?  Has  the  Federal  Government 
ever  made  the  effort  to  deprive  them  of  represen 
tation  ?  Before  secession,  had  not  the  now  se 
ceded  States  full  representation  in  the  Congress 
— a  representation  of  all  white  citizens,  and  three 
fifths  of  all  others,  including  slaves  ?  And,  by 
virtue  of  that  representation,  has  not  the  South 
nearly  all  the  time  controlled  and  shaped  the  Feder 
al  legislation  and  policy?  Did  not  South-Carolina 
herself,  through  her  Calhoun  and  Lowndes,  and 
other  representatives,  even  fix  upon  New-England 
the  protective  system  ?  And  how  does  the  South 
now  lose  her  representation  in  the  National  Leg 
islature,  but  by  her  own  silly,  suicidal  act  of  so 
cession  ?  And  how  has  she  fallen  into  her  pres- 
sent  position  of  peril,  war,  desolation,  and  ruin, 
but  by  seceding  and  giving  up  her  representation 


DOCUMENTS. 


243 


in  Congress  ?  Whose  fault  is  it  that  she  is  un 
represented  ?  And  how  is  it,  except  by  the  ab 
dication  of  her  rightful  representation,  that  she 
is  now  placed  within  reach  of  confiscation  and 
emancipation  ? 

Such  are  the  reasons  that  forbid  me  to  be  a 
secessionist. 

And  I  think  my  old  friends  in  Virginia  ought 
to  pardon  me  for  my  great  love  of  the  Union,  for 
I  have  had  some  good  teachers  among  her  dis 
tinguished  sons,  whose  precepts  I  have  never  for 
gotten,  and  never  shall  forget.  I  quote,  as  the 
last  section  of  this  long  defence,  the  following  pa 
triotic,  immortal  sentiments  : 

"  When  your  fathers  attempted  to  form  this 
Union,  they  did  not  know,  beforehand,  what  sort 
of  a  Union  it  was  to  be. 

u  They  set  to  work,  and  did  the  best  they  could 
under  the  circumstances. 

"  What  they  would  accomplish  no  man  could 
tell.  There  was  not  a  head  upon  either  of  them 
that  had  the  human  wisdom  to  foretell  what  it 
was  to  be;  but  they  went  in  for  Union  for 
Union's  sake. 

"  By  all  the  gods,  by  all  the  altars  of  my  coun 
try,  I  go  for  Union  for  Union's  sake.  They  set 
to  work  to  make  the  best  Union  they  could,  and 
they  did  make  the  best  Union  and  the  best  Gov 
ernment  that  ever  was  made. 

u  Washington,  Franklin,  Jefferson,  all  com 
bined,  in  Congress  or  out  of  Congress,  in  Conven 
tion  or  out  of  Convention,  never  made  that  Con 
stitution  ;  God  Almighty  sent  it  down  to  your 
fathers.  It  was  a  work,  too,  of  glory,  and  a 
work  of  inspiration. 

u  I  believe  that  as  fully  as  I  believe  in  my  Bible. 
No  man,  from  Hamilton,  and  Jay,  and  Madison 
— from  Edmund  Randolph,  who  had  the  chief 
hand  in  making  it — and  he  was  a  Virginian — the 
writers  of  it,  the  authors  of  it,  and  you  who  have 
lived  under  it  from  1789  to  this  year  of  our  Lord 
1858,  and  none  of  your  fathers,  and  none  of  your 
fathers'  sons  have  ever  measured  the  height,  or  the 
depth,  or  the  length,  or  the  breadth,  of  the  wis 
dom  of  that  Constitution." 

These  are  the  words — of  whom  ?  Of  one  of 
Virginia's  favorite  and  most  gifted  sons — Henry 
A.  Wise.  They  should  be  read  every  day  in 
every  American  school,  and  be  gotten  by  heart 
by  every  American  youth.  Long,  long  may  they 
animate  the  American  heart ! 

And  now,  I  shall  take  the  liberty,  in  return  for 
the  uncharitable  judgment  and  abundant  denun 
ciation  which  have  been  my  lot  in  my  native 
land,  to  venture  to  my  fellow-citizens  there  a  lit 
tle  advice,  which,  however  unthankfully  received, 
is  honestly  tendered. 

Give  up  this  ill-omened  and  ruinous  war.  Re 
quire  your  lawgivers  at  once  to  adopt  the  amend 
ment  proposed  by  Congress  to  the  Constitution, 
to  prohibit  all  interference  with  slavery  in  the 
States,  and  then  return  to  your  loyalty  and  to 
the  Union  of  old. 

And  I  assign  two  brief  reasons  for  the  admo 
nition.  First,  if  this  war  be  not  speedily  terminat 
ed,  the  institution  of  Southern  slavery  perishes 


forever — not  by  the  willing  acts  of  the  Federal 
Government,  but  by  the  current  of  irresistible 
events — a  consequence,  not  an  object  of  the  war, 
for  which  secession  alone  will  be  responsible. 
The  highest  interest  of  the  slaveholders,  if  they 
desire  to  preserve  their  peculiar  institution,  is, 

THE    SPEEDIEST  POSSIBLE  TERMINATION  OF  THE  WAR. 

Secondly,  persistence  in  this  struggle  is  vain. 
There  is  one  reason  establishing  its  vanity,  inde 
pendent  of  all  others,  and  that  is,  that  the  peo 
ple  of  the  Mississippi  valley  must  have  the  free 
navigation  of  the  "  great  father  of  waters,"  and 
will  have  it  at  every  hazard,  and  will  fight  for  it, 
while  a  drop  of  Western  blood  remains.  They 
will  have  it,  I  repeat.  It  is  a  geographical  ne 
cessity,  totally  irresistible.  The  States  of  the 
lower  Mississippi  and  those  above,  must  belong 
to  a  common  government.  There  can  be  no  divid 
ed  empire  there.  Unless  the  people  of  Virginia, 
then,  are  prepared  to  carry  on  this  unnatural  and 
wasting  contest  until  the  last  Western  man — a 
race  as  brave  as  their  Southern  brethren,  and 
capable  of  far  more  physical  endurance — has  fall 
en  in  his  tracks,  they  had  better  at  once  throw 
down  the  arms  of  rebellion,  and  return  to  the 
Government  under  which  they  were  always  pros 
perous  and  happy,  and  under  which  their  State 
was  so  rapidly  advancing  to  power  and  grandeur. 
This  long  letter  I  have  written  as  a  defence  of 
my  course.  I  desire  to  let  my  fellow-citizens  of 
Virginia  see  that,  while  I  have  not  been  able  to 
go  with  my  State  at  this  trying  crisis,  I  have,  at 
least,  respectable  reasons  "for  the  faith  that  is 
in  me."  I  trust  you  will  make  an  effort  to  get 
it  into  some  of  the  papers  of  the  State,  that  this 
my  defence  may  be  known.  It  will  be  at  least  a 
consolation  to  my  family,  and  to  the  few  cherish 
ed  friends,  whom  neither  the  troubles  of  the 
times  nor  defamation  have  estranged. 

Affectionately,       Jos.  SEGAB. 


Doc.  40. 
GOVERNOR  SHORTER'S  PROCLAMATION. 

MARCH    1    AND    6,    1862. 

EXECUTIVE  DEPARTMENT,      ) 
MONTGOMERY,  ALA.,  March  1,  1S62.  ) 

THE  recent  disasters  which  have  befallen  our 
armies,  instead  of  depressing  should  nerve  the 
unconquerable  purpose  and  arouse  the  mighty 
power  of  these  confederate  States.  Seven  mil 
lions  of  people  resolutely  determined  to  maintain 
their  right  of  self-government  and  not  bow  their 
necks  to  the  oppressor's  yoke  can  never  be  sub 
jugated.  They  will  rise  in  their  majesty  and 
strength,  and  with  the  blessing  of  God  upon  their 
righteous  cause,  will  drive  back  the  invaders  from 
their  land  and  country. 

The  reverses  to  our  arms  have  imposed  new 
duties  upon  Alabama  and  her  sister  confederate 
States.  The  first  is  to  bury  the  love  of  gold  and 
quench  out  that  sordid  spirit  which  values  pro 
perty  above  liberty,  and  to  piously  cultivate  that 
martyr  spirit  which  will  sacrifice  every  material 


244 


REBELLION  RECORD,  1862. 


interest  rather  than  peril  the  priceless  inheritance 
of  freedom.  Cut  off,  as  their  supplies  may  be 
from  the  north-west,  the  Cotton  States  should 
rely  solely  upon  their  own  granaries  and  products 
to  furnish  subsistence  for  the  armies  within  their 
borders.  With  their  ports  closed  against  the  mar 
kets  of  the  world,  without  remuneration  for  the 
labor  of  its  production,  and  without  even  the  ma 
terial  for  covering  the  staple,  the  growing  of  cot 
ton  to  any  considerable  extent  will  not  only  en 
danger  the  organization  of  the  great  armies  which 
must  be  fed,  but  will  serve  to  increase  the  energy 
and  stimulate  the  avarice  of  our  foes.  The  peo 
ple  of  Alabama  are  requested,  and  the  military 
officers  of  the  State  will  be  directed,  to  burn  every 
lock  of  cotton  within  the  State,  if  it  be  necessary 
to  prevent  it  from  falling  into  the  hands  of  the 
public  enemy ;  and  if  the  people  of  these  cotton- 
producing  States  are  a  wise  people,  they  will  raise 
not  another  crop  of  cotton  beyond  the  demands 
for  home  consumption,  until  this  unholy  and 
cruel  war  shall  cease.  Let  the  States  of  the  North 
which  have  fattened  upon  your  toil,  and  which 
now  seek  your  subjugation  and  to  impose  upon 
you  the  burdens  of  untold  millions  of  war  expend 
itures,  and  let  the  nations  of  Europe  which  be 
hold  your  struggle  for  deliverance  while  their 
suffering  people  are  clamoring  for  your  great  sta 
ple,  see  and  learn  that  you  value  liberty  and  free 
government  far  above  all  other  earthly  considera 
tions. 

Plant  not  then  one  seed  of  cotton  beyond  your 
home  wants,  but  put  down  your  lands  in  grains 
and  every  other  kind  and  description  of  farm  pro 
duct,  and  raise  every  kind  of  live  stock  which 
may  contribute  to  the  support  of  your  own  fami 
lies  and  the  needy  families  of  your  brave  defend 
ers,  and  which  will  be  wanted  also  for  the  sub 
sistence  of  the  grand  armies  which  shall  march 
to  achieve  your  independence. 

Men,  brave  and  gallant  men,  responding  to  the 
call  of  their  bleeding  country,  are  rushing  by  I 
thousands  to  the  field.  Their  cry  is  for  arms  with 
which  to  engage  the  foe.  People  of  Alabama ! 
will  you  not  commit  your  arms  into  their  hands  ? 
People  of  Alabama!  will  you  not  send  the  shot 
guns  and  rifles  rusting  in  your  houses,  that  I  may 
place  them  in  the  hands  of  your  own  sons  to  de 
fend  your  altars  and  your  homes  V  Agents  are 
appointed  all  over  the  State  to  collect  arms.  If 
they  do  not  find  you  I  beg  you  to  find  them. 
Let  every  Sheriff  and  Judge  of  Probate,  and  all 
State  officers,  civil  and  military,  receive  and  for 
ward  arms.  Expenses  will  be  promptly  paid  by 
the  State. 

Let  every  man  do  something  towards  arming 
our  troops  if  he  cannot  go  to  the  battle-field. 
Turn  your  shops  into  laboratories  for  the  manu 
facture  of  arms  and  munitions  of  war.  Send  me 
thousands  of  shot-guns  and  rifles,  bowie-knives 
and  pikes.  Send  powder,  and  lead,  and  ball. 
What  you  cannot  afford  to  give,  the  State  will 
buy.  Let  the  entire  resources  and  energies  of 
the  people  be  devoted  to  the  one  great  purpose 
of  war — war,  stern  and  unrelenting — war  to  the 
knife — such  a  war  as,  in  the  providence  of  God, 


we  may  be  compelled  to  wage  in  order  to  vindi 
cate  the  inalienable  rights  of  self-government. 

As  vile  extortion  is  an  abominable  sin  against 
humanity,  all  good  men  are  earnestly  urged  to 
denounce  its  practice  and  crush  out  its  spirit. 
Creditors  are  counselled  to  exercise  moderation 
and  forbearance ;  and  all  classes  and  conditions 
of  people  invited  to  cultivate  a  spirit  of  mutual 
confidence,  of  loyalty  and  devotion  to  their  State 
and  confederate  government.  With  a  true  appre 
ciation  of  the  dangers  which  surround  us,  and  of 
our  duty  to  God  and  our  country,  let  us  all  live 
and  labor,  and,  if  need  be,  die  for  the  advance 
ment  of  the  glorious  cause  for  which  we  are  con 
tending. 

In  testimony  whereof,  I  have  hereunto  set  my 
hand,  and  caused  the  great  seal  of  the  State  to 
be  affixed,  at  the  city  of  Montgomery,  this  first 
day  of  March,  A.D.  1802,  and  of  the  Independence 
of  the  confederate  States  of  America,  the  second 
year.  JOHN  GILL  SHORTER. 

By  the  Governor — P.  H.  BRITTAN, 

Secretary  of  State. 

N.  B. — All  papers   in   the   State,  please  copy 
twice,  and  send  accounts  to  the  Executive  office. 
JAS.  S.   ALBRIGHT, 

Private  Secretary. 

EXECUTIVE  DEPARTMENT,      | 
MONTGOMERY,  ALA.,  March  6, 1862.  j 

For  the  protection  of  the  Gulf  coast,  to  repel 
invasion  and  to  place  Mobile  in  a  state  of  securi 
ty,  I  shall  order  out  a  large  militia  force  from  the 
counties  of  Mobile,  Washington,  Clark,  Baldwin, 
Marengo,  Choctaw,  Sumter,  Green,  Perry,  Wilcox, 
Monroe,  Dallas,  Pickens,  Tuscaloosa,  Bibb,  Shel 
by,  Covington  and  Antagua,  for  the  term  of  nine 
ty  days,  unless  sooner  discharged.  I  will  accept, 
in  advance  of  the  militia,  and  to  the  same  term, 
sixty  volunteer  companies  from  the  same  coun 
ties,  who  must  arm,  clothe  and  equip  themselves  ; 
each  company  to  consist  of  one  captain,  one  first 
lieutenant,  two  second  lieutenants,  five  sergeants, 
four  corporals,  and  not  less  than  sixty-four  nor 
more  than  one  hundred  privates. 

All  companies  raised  under  this  proclamation 
will  be  held  as  minute  men,  and  must  be  pre 
pared  to  proceed  immediately  to  Mobile.  Each 
company  must  provide  at  least  six  axes,  four 
hatchets  and  four  shovels  or  spades,  and  at  least 
ten  days1  rations  to  commence  the  march. 

It  is  not  probable  that  the  services  of  these 
troops  will  be  required  for  the  full  term,  and  they 
will  not  encumber  themselves  with  any  useless 
or  unnecessary  clothing,  and  no  more  baggage 
than  is  allowed  by  the  regulations  will  be  trans 
ported. 

It  is  desirable  that  each  man  should,  if  possi 
ble,  provide  himself  with  at  least  twenty  rounds 
of  ammunition,  suitable  for  the  gun  he  is  armed 
with,  before  marching;  and  take  with  him  his 
bullet-mould  and  powder-flask.  Each  company 
will  furnish  its  own  transportation  to  the  nearest 
point  on  the  river  or  railroad,  and  transportation 
will  be  furnished  from  such  points  to  Mobile.  A  a 
time  is  of  importance,  the  captain  of  each  com 
pany,  as  soon  as  it  is  organized,  with  the  full 


DOCUMENTS. 


245 


number  of  officers,  non-commissioned  officers  and 
privates,  and  provided  with  the  rations  and  im 
plements  specified,  will  report  his  muster-roll  to 
the  Adjutant  and  Inspector  General  of  the  State, 
and  proceed  immediately  with  his  company  to 
Mobile,  reporting  on  his  arrival  to  the  officer  in 
command  at  that  place. 

^n  testimony  whereof,  I,  John  Gill  Shorter, 
Governor  of  the  State  of  Alabama,  have  hereunto 
set  my  hand  and  affixed  the  great  seal  of  the 
State,  this  sixth  day  of  March,  1862. 

JOHN  GILL  SHORTER. 

By  the  Governor — P.  H.  BRITTAN, 

Secretary  of  State. 
SPECIAL  ORDER— No.  7. 

EXECUTIVE  DEPARTMENT,     ) 
HEADQUARTERS,  MOBILE,  ALA.,  March  12, 1862.  f 

1.  In  pursuance  of  the  extraordinary  powers 
conferred  upon  the  Executive  of  the  State  in  the 
present  emergency,  I  have  deemed  it  necessary 
to  order  your  brigade  into  the  field  of  active  serv 
ice  for  a  period  of  ninety  (90)  days,  unless  sooner 
discharged. 

2.  As  the  necessity  imposed  upon  the  people 
of  the  city  and  county  of  Mobile  to  go  into  active 
service   may  occasion  individual  disappointment 
and  interfere  with  private  enterprise  necessary  to 
the  public  advantage — to  avert  these  difficulties, 
and   obtain   the   active   services   of  all   efficient 
troops  within  the  limits  of  your  command  in  the 
shortest  practicable  time,  you  are  hereby  directed 
to  order  into  service  such  troops,  companies,  bat 
talions  and  regiments,  or  such  portions  of  them 
as  you  may  deem  best  for  the  public  safety. 

3.  You  are  authorized  to  increase  the  number 
of  rank  and  file  in  companies  to  one  hundred  and 
twenty-five,  (125,)  and  the  number  of  companies 
in  the  Second  and  Third  regiments  of  Alabama 
volunteer  militia  now  in  service,  to  ten  (10)  in 
each,  and  for  that  purpose  may  order  out  and  at 
tach  thereto  such  other  companies  or  such  forces 
arriving  from  the  interior  as  may  prefer  to  be  con 
nected  with  the  Second  and  Third  regiments  of 
Alabama  volunteer  militia  respectively,  until  they 
shall  be  increased  to  the  number  of  ten  each,  and 
to  the  maximum  of  a  company  as  above  author 
ized. 

4.  You  will  order  out  the  Forty-eighth,  Eighty- 
ninth,  Ninety-fourth  and  Ninety-fifth  regiments 
respectively,  in  such  portions  of  companies,  bat 
talions,  or  regiments,  and  at  such  times  as  you 
may  consider  most  conducive  to  the  public  wel 
fare,  and  to  meet  the  necessities  of  the  impending 
danger. 

5.  You  are,  with   your  staff,   hereby  ordered 
into  the  service  of  the  State,  and  will  assume  the 
command  of  the  Second  and  Third  regiments  of 
Alabama  volunteer  militia,  and  of  all  such  addi 
tional  forces  as   may  be  organized  in  pursuance 
of  this  order. 

You  will  report  to  Brig. -Gen.  Jones,  command 
ing  this  department,  and  will  make  your  requisi 
tions  for  quarters,  transportation  and  subsistence 
of  the  troops  under  your  command  upon  the  pro 
per  officers  cf  the  confederate  States. 

6.  Should  you  not  deem  it  expedient  at  this 


time  to  put  into  active  service  your  entire  com 
mand,  you  will  order  such  portions  as  are  not 
placed  in  active  service  out  for  drill,  discipline 
and  review  as  often  as  you  may  consider  it  neces 
sary  and  proper. 

By  command  of  JOHN  GILL  SHORTER, 

Governor  and  Commanfler-in-Chiet 

H.  P.  WATSON, 

Adjutant  General. 

To  Brig. -Gen.  THOS.  J.  BUTLER, 

Commanding  Ninth  Brigade  Alabama  Militia, 

Headquarters  Mobile 


Doc.  41. 
THE    SEVEN    DAYS'    CONTESTS. 

JUNE  25— JULY  1,  1862. 
COLOGNE  "GAZETTE"  ACCOUNT. 

UPON  the  approach  of  the  terrible  Union  arma 
da  we  were  forced  to  abandon  our  position  on  the 
peninsula  at  Yorktown,  and  after  we  had  partially 
spiked  our  guns  we  drew  back  to  our  defensive 
fastness  at  Williamsburgh,  so  as  at  that  point  to 
cover  our  capital,  Richmond,  by  throwing  up 
strong  fortified  works,  and  perfecting  a  compact 
military  formation.  McClellan,  the  Commanding 
General  of  the  Union  troops,  did  not  allow  him 
self  to  be  so  far  deceived  by  our  voluntary  with 
drawal  from  our  position  at  Yorktown  as  to  re 
gard  us  a  beaten  army,  but  with  great  celerity 
and  skill  continued  the  disembarkation  of  his 
troops,  and  began  to  fortify  his  position.  It  was 
not  until  he  had  completed  his  preliminary  mea 
sures  that  he  advanced  with  hostile  demonstra 
tions  against  our  line.  The  lines  at  Williams- 
burgh  were  also  given  up  by  us  without  any 
great  resistance,  although  it  was  very  difficult  to 
persuade  the  old  fighting  General  Magruder  of 
the  propriety  of  the  step,  for  he  loved  the  posi 
tion  as  a  father  loves  his  child  ;  and,  to  tell  the 
truth,  all  the  fortifications  had  been  constructed 
with  much  talent  under  his  personal  directions. 
The  hard-headed  old  soldier  was  won  over  only 
after  renewed  debate  and  expostulation.  At 
length,  however,  after  a  few  cavalry  affairs,  the 
place  was  evacuated  by  our  troops,  and  we  took 
up  our  march,  in  two  columns,  for  Richmond. 
In  the  mean  while  the  most  fearful  panic  fell 
upon  Richmond,  and  all  who  could  possibly  get 
away  packed  up  every  thing  they  had  and  fled 
southward.  The  nearer  the  hostile  army  ap 
proached  the  city  the  fiercer  the  tumult  and 
uproar  became.  The  burning  waves  of  popular 
alarm  could  not  be  stayed.  The  government  it 
self  furthered  the  confusion.  Instead  of  resolv 
ing  to  triumph  or  to  fall  with  the  army  in  front 
of  Richmond,  it  at  once  ordered  all  the  different 
bureaux  to  pack  up,  and  caused  the  officers  of  ord 
nance  to  empty  the  magazines,  and  convey  their 
stores  further  south.  Even  President  Davis  took 
to  the  road  and  hastened,  with  his  wife  and  child 
ren,  to  North  Carolina.  As  may  be  readily 
divined,  this  loss  of  presence  of  mind  threw  the 
people  at  large  into  the  most  frantic  excess  of 


248 


REBELLION  RECORD,  1862. 


terror.  There  was  nothing  on  all  sides  but 
shouting  and  uproar,  and  confusion  reached  its 
utmost  height.  The  secret  police  of  Gen.  Win 
der  had  lost  all  control.  The  civil  authorities  of 
Richmond  were  anxious  to  do  something,  but 
knew  not  what,  and  also  lost  their  senses.  A 
small  number  of  the  Baltimore  rabble  took  ad 
vantage  of  the  hubbub,  and,  in  public  meeting, 
passed  resolutions  condemning  Richmond  to  con 
flagration  as  soon  as  the  Union  troops  should 
enter  it.  Yet  all  who  could  escape  did  so.  The 
sick  and  the  wounded  were  carried  further  into 
the  interior ;  many  public  and  private  buildings 
were  marked  out  for  destruction  ;  and,  in  short, 
a  frightful  catastrophe  seemed  to  be  impending 
over  the  Southern  capital. 

At  this  most  critical  moment  the  General-in- 
Chief  commanding  our  forces,  (Johnston,)  was 
wounded  at  the  battle  of  Seven  Pines,  and  the 
command  fell  into  the  able  hands  of  Gen.  Lee, 
who  was  exactly  the  man  to  bring  quiet  and 
order  again  out  of  this  unreasonable  chaos.  He 
went  to  work  with  great  zeal  and  energy  to  dis 
charge  his  onerous  task.  All  disposable  troops 
were  hastily  summoned  from  the  interior ;  Gen. 
Stonewall  Jackson's  army  corps  was  ordered  to 
Richmond  ;  all  the  hospitals  were  cleared  of  their 
occupants,  and  preparations  made  for  ten  thou 
sand  wounded  men ;  artillery  and  ammunition 
wagons  rattled  by  day  and  night  through  the 
streets,  while  aids  and  orderlies  galloped  to  and 
fro  in  wild  hurry-skurry  with  their  despatches. 

Masses  of  troops  came  pouring  in  daily,  yes, 
hourly,  but  without  music  or  any  other  military 
pomp.  Sternly  and  silently  these  ragged,  half- 
starved  swarms  of  men  moved  onward  through 
the  thoroughfares,  but  the  fire  in  their  eyes  show 
ed  that  they  were  determined  to  defend  their 
freedom  or  to  perish. 

On  the  twenty-fifth  of  June  another  great  coun 
cil  of  war  was  held.  In  it  were  assembled  nearly 
all  that  was  eminent  in  the  confederate  army. 
There  stov>d  like  a  rock  Gen.  Lee,  gazing  cheer 
fully  over  the  countenances  of  his  comrades,  for 
each  of  whom  he  had  a  part  already  assigned. 
Thoughtfully  his  eyes  wandered  from  one  to  the 
other,  as  though  he  wished  to  stamp  the  features 
of  each  upon  his  memory,  with  the  feeling  that 
he,  perhaps,  should  never  behold  many  of  them 
again.  Close  beside  him  towered  the  knightly 
form  of  General  Baldwin  ;  at  his  left  leaned  pen 
sively  Stonewall  Jackson,  the  idol  of  his  troops, 
impatiently  swinging  his  sabre  to  and  fro,  as 
though  the  quiet  room  were  too  narrow  for  him, 
and  he  were  longing  to  be  once  more  at  the  head 
of  his  columns.  A  little  aside  quietly  stood  the 
two  Hills,  arm  in  arm,  while  in  front  of  them  old 
General  Wise  was  energetically  speaking.  Fur 
ther  to  the  right  stood  Generals  Huger,  Long- 
street,  Branch,  Anderson,  Whiting,  Ripley  and 
Magruder  in  a  group.  When  all  these  generals 
had  assembled,  General  Lee  laid  his  plans  before 
them,  and  in  a  few  stirring  words  pointed  out  to 
each  his  allotted  task.  The  scheme  had  already 
been  elaborated.  It  was  compact,  concentrated 
Action,  and  the  result  could  not  fail  to  be  brilliant. 


When  the  conference  terminated,  all  shook 
hands  and  hastened  away  to  their  respective  army 
corps,  to  enter  upon  immediate  activity. 

Now,  in  looking  at  the  positions  of  the  two  ar 
mies,  it  will  be  seen  that  unquestionably  the  ad 
vantage  was  with  the  Southern  host ;  for  General 
McClellan  had  his  forces  necessarily  on  both  sides 
of  the  Chickahominy,  and,  owing  to  the  many 
ravines  in  his  neighborhood,  could  not,  without 
great  difficulty  and  much  loss  of  time,  execute 
his  military  movements.  His  front  line  reached 
over  a  distance  of  more  than  twenty  miles,  in  the 
form  of  a  semi-circle,  extending  from  the  James 
River  towards  Richmond  and  Ashland.  While 
one  part  of  his  army  crossed  the  Chickahominy, 
he  took  position  with  the  main  body  on  the  north 
side  of  the  river,  from  Meadow  bridge  to  Bottom 
bridge.  The  heights  on  the  banks  of  the  stream 
were  fortified,  so  that  his  army,  notwithstanding 
the  great  length  of  its  lines,  had  excellent  defen 
sive  cover. 

On  the  twenty-sixth  of  June,  in  the  morning, 
our  troops  took  up  their  positions.  Jackson  has 
tened  by  forced  marches  to  Ashland,  there  to 
commence  his  out-flanking  operations  against  the 
enemy.  Having  arrived  there,  his  advanced  guard 
drove  in  the  weakly  posted  foe,  and  pushed  on 
without  loss  of  time  to  Hanover  Court-House, 
where  he  threw  forward  Gen.  Branch's  brigade, 
between  the  Chickahominy  and  Pamunkey  Riv 
ers,  to  establish  a  junction  with  Gen.  Hill,  (first,) 
who  had  to  cross  the  stream  at  Meadow  bridge. 
Gen.  Hill  very  gallantly  opened  the  offensive  and 
began  his  operations  against  the  little  town  of 
Mechanicsville.  The  enemy  who  were  stationed 
here  made  a  brave  resistance.  Storming  attacks 
were  made  again  and  again  with  a  fury,  and  a3 
often  repelled  with  a  cool  determination  that 
awakened  admiration.  In  vain  did  General  Hill 
send  his  aids  in  quest  of  Gen.  Branch.  The  latter 
had  encountered  so  many  topographical  difficul 
ties  that  he  reached  his  position  in  front  of  Me 
chanicsville  only  late  at  night,  when  the  conflict 
was  at  an  end.  The  morning  of  the  twenty-se 
venth  had  scarcely  begun  to  dawn  ere  our  artil 
lery  opened  a  tremendous  fire  upon  the  enemy's 
front,  so  that  the  latter,  when  they  also  saw 
Branch's  brigade  advancing  to  the  attack  on  their 
right,  abandoned  their  position  at  Mechanics 
ville  and  fell  back,  fighting,  upon  their  second 
defensive  line,  further  down  the  stream.  Just  at 
the  moment  when  we  had  established  the  cross 
ing  of  the  Chickahominy,  arrived  General  Long- 
street's  magnificent  army  corps — old,  experienced 
veterans  of  the  Army  of  the  Potomac  —  and  the 
division  of  Gen.  Hill,  (second.)  At  once  the  order 
to  advance  was  given  all  along  the  line.  The 
divisions  of  Gens.  Hill,  (second,)  Anderson  and 
Whiting  formed  the  centre,  and  moved  towards 
Coal  Harbor,  while  Jackson,  Hill,  (first,)  and 
Longstreet  formed  the  left,  and  marched  down 
along  the  bank  of  the  river.  Magruder,  com 
manding  the  right  wing,  was,  on  account  of  the 
swampy  nature  of  the  ground  he  occupied,  order 
ed  to  hold  himself  merely  on  the  defensive.  Gen. 
Wise  took  command  of  Fort  Darling,  on  the 


DOCUMENTS. 


247 


James  River.  All  these  military  offensive  opera 
tions  and  the  two  preceding  fights  must  have 
given  Gen.  McClellan  knowledge  of  our  intention 
to  change  our  inconvenient  position  at  Richmond, 
and  to  procure  for  ourselves  more  space  and  free 
dom  of  motion.  He  should,  then,  have  instantly 
ordered  the  army  corps  of  Gen.  McDowell,  which 
for  four  months  had  lain  inactive  near  Fredericks- 
burgh,  to  make  a  demonstration  along  the  Rich 
mond  road.  By  such  a  movement  even  the  flank 
march  of  Gen.  Jackson  would  have  been  rendered 
impracticable.  But  Gen.  McClellan  must  have 
been  deceived  in  the  character  of  Gen.  McDowell ; 
for,  notwithstanding  all  the  communications  in 
reference  to  our  combined  manoeuvres,  the  latter 
remained  with  imperturbable  indifference  in  his 
secure  position,  and  left  Gen.  McClellan' s  army, 
which  had  suffered  greatly  by  sickness  and  de 
sertion,  a  prey  to  the  heavy  concussions  of  our 
attack.  Scarcely,  therefore,  had  Gen.  Lee  receiv 
ed  reliable  intelligence  of  McDowell's  inactivity 
than  a  general  and  simultaneous  attack  on  Mc- 
Clellan's  whole  line  was  resolved  upon.  So  soon, 
then,  as  the  arrival  of  Gen.  Jackson  at  Coal  Har-  j 
bor  was  reported,  the  Commander-in-Chief,  with  I 
his  staff,  repaired  to  Gaines's  Mill,  and  ordered  j 
the  divisions  of  Anderson,  Hill,  (first,)  Long- 
street  and  Pickett  to  attack.  Before  these  columns 
got  into  motion  the  thunder  of  artillery  at  our 
left  announced  that  Gen.  Jackson  was  already  at 
work.  This  called  forth  in  our  troops  the  utmost 
enthusiasm. 

Gen.  McClellan' s  position  on  that  day  was  re 
markable  in  the  highest  degree.  With  one  por 
tion  of  his  troops  he  had  crossed  to  the  south  side 
of  the  Chickahominy,  and  there  confronted  Ma- 
gruder,  while,  with  the  larger  portion  of  his  force, 
he  had  taken  up  a  position  more  to  the  rear  and 
nearer  to  the  railroad,  where  he  was  resolved  to 
accept  battle.  His  dispositions  revealed  compre 
hensive  forethought,  talent  and  coolness.  The 
different  divisions  of  his  army  took  their  positions 
with  admirable  precision  and  awaited  our  onset 
with  firmness.  It  was  the  first  time  that  the  two 
hostile  armies  had  in  relation  to  numbers,  con 
fronted  one  another  with  force  so  nearly  equal ; 
but  the  Unionists  had  the  advantage  of  a  better 
protected  position,  while  our  troops  had  to  expose 
themselves  to  the  hostile  fire.  The  attack  was 
opened  by  the  columns  of  Hill,  (first,)  Anderson 
and  Pickett.  These  gallant  masses  rushed  for 
ward  with  thundering  hurrahs  upon  the  musketry 
of  the  foe,  as  though  it  were  a  joy  to  them. 
Whole  ranks  went  down  under  that  terrible  hail, 
but  nothing  could  restrain  their  courage.  The 
billows  of  battle  raged  fiercely  onward  ;  the  strug 
gle  was  man  to  man,  eye  to  eye,  bayonet  to  bay 
onet.  The  hostile  Meagher's  brigade,  composed 
chiefly  of  Irishmen,  offered  heroic  resistance. 
After  a  fierce  struggle  our  people  began  to  give 
way,  and  at  length  all  orders  and  encouragements 
were  vain — they  were  falling  back  in  the  greatest 
disorder.  Infuriate,  foaming  at  the  mouth,  bare 
headed,  sabre  in  hand,  at  this  critical  moment 
Gen.  Cobb  appeared  upon  the  field,  at  the  head 
of  his  legion,  and  with  him  the  Nineteenth  North- 


Carolina  and  Fourteenth  Virginia  regiments.  At 
once  these  troops  renewed  the  attack,  but  all  their 
devotion  and  self-sacrifice  were  in  vain.  The 
Irish  held  their  position  with  a  determination  and 
ferocity  that  called  forth  the  admiration  of  our 
own  officers,  Broken  to  pieces  and  disorganized, 
the  fragments  of  that  fine  legion  came  rolling 
back  from  the  charge.  The  Nineteenth  North- 
Carolina  lost  eight  standard-bearers,  and  the  most 
of  their  staff-officers  were  either  killed  or  wound 
ed.  Again,  Generals  Hill  (first)  and  Anderson 
led  their  troops  to  the  attack,  and  some  regiments 
covered  themselves  with  immortal  glory.  Our 
troops  exhibited  a  contempt  of  death  that  made 
them  the  equals  of  old,  experienced  veterans  ; 
for,  notwithstanding  the  bloody  harvest  the  de 
stroyer  reaped  in  our  ranks  that  day,  no  disor 
der,  no  timid  bearing  revealed  that  many  of  the 
regiments  were  under  fire  and  smelt  gunpowder 
then  for  the  first  time.  But  the  enemy,  never 
theless,  quietly  and  coolly  held  out  against  every 
attack  we  made,  one  after  the  other.  Notwith 
standing  the  fact  that  solitary  brigades  had  to 
stand  their  ground  from  four  until  eight  o'clock 
P.M.,  they  performed  feats  of  incredible  valor ; 
and  it  was  only  when  the  news  came  that  Jackson 
was  upon  them  in  the  rear  that  about  eight  they 
retired  before  our  advance.  Despite  the  dreadful 
carnage  in  their  ranks,  they  marched  on  with 
streaming  banners  and  rolling  drums,  and  carried 
with  them  all  their  slightly  wounded  and  all  their 
baggage ;  and,  when  the  cavalry  regiments  of 
Davies  and  Wickham  went  in  pursuit,  repelled 
this  assault  also  with  perfect  coolness. 

By  this  time  night  had  come  on,  and  over 
spread  the  field  of  death  with  darkness,  compas 
sionately  shutting  out  from  the  eyes  of  the  living 
the  horrid  spectacle  of  slaughter.  Quiet  gradu 
ally  returned.  Only  a  feeble  cannonade  could  be 
heard  upon  our  farthest  left,  and  that  too,  little 
by  little,  died  away.  The  soldiers  were  so  fear 
fully  exhausted  by  the  day's  struggle  that  many 
of  them  sank  down  from  their  places  in  the  ranks 
upon  the  ground.  Although  I,  too,  could  scarce 
ly  keep  in  the  saddle,  so  great  was  my  fatigue,  I 
hastened  with  one  of  my  aids  to  that  quarter  of 
the  field  where  the  struggle  had  raged  the  most 
fiercely.  The  scene  of  ruin  wras  horrible.  Whole 
ranks  of  the  enemy  lay  prone  where  they  had 
stood  at  the  beginning  of  the  battle.  The  num 
ber  of  wounded  was  fearful,  too,  and  the  groans 
and  imploring  cries  for  help  that  rose  on  all  sides 
had,  in  the  obscurity  of  the  night,  a  ghastly  effect 
that  froze  the  blood  in  one's  veins.  Although  I 
had  been  upon  so  many  battle-fields  in  Italy  and 
Hungary,  never  had  my  vision  beheld  such  a 
spectacle  of  human  destruction.  The  prepara 
tions  for  the  transportation  of  the  wounded  were 
too  trifling,  and  the  force  detailed  for  that  pur 
pose  was  either  too  feeble  in  numbers  or  had  no 
proper  knowledge  of  its  duties.  Even  the  medi 
cal  corps  had,  by  the  terrors  of  the  situation,  been 
rendered  incapable  of  attending  to  the  wounded 
with  zeal  and  efficiency.  With  inconceivable  ex 
ertion  I  at  length  succeeded,  with  the  assistance 
of  some  humane  officers,  in  bringing  about  some 


248 


REBELLION  RECORD,  1862. 


kind  of  order  amid  this  frightful  confusion.  By 
the  happiest  chance,  I  found  some  Union  ambu 
lances,  had  all  our  men  who  could  drive  and 
knew  the  way  pressed  into  service,  and  set  to 
work  to  get  the  wounded  into  .Richmond.  A 
most  heart-rending  task  it  was  ;  for  often  the 
poor  sufferer  would  expire  just  as  we  were 
about  to  extend  him  succor.  By  midnight  we 
had  got  the  first  train  ready.  It  consisted  of 
sixty  wagons,  with  two  hundred  seriously  wound 
ed.  I  cautiously  and  slowly  conducted  this  train 
with  success  to  the  city.  The  first  hospital 
reached  I  was  met  with  refusal.  "  All  full,"  was 
the  reply  to  my  inquiry.  "  Forward  to  the  next 
hospital,"  was  my  word  of  command.  "  All  full," 
was  again  the  answer.  Just  then  a  friend  said 
to  me  that  if  I  would  wait  he  might  be  able  to 
help  me,  as  he  would  have  a  neighboring  tene 
ment,  used  as  a  tobacco  warehouse,  prepared  for 
a  hospital.  So  I  had  to  make  up  my  mind  to  wait 
there  an  hour  and  a  half  in  the  street  with  my 
dying  charge.  I  did  my  best  to  supply  the  poor 
fellows  with  water,  tea  and  other  refreshments, 
so  as  to  alleviate  their  sufferings  in  some  degree  ; 
but  the  late  hour  of  the  night  and  the  agitation 
of  the  city  prevented  me  from  putting  my  design 
into  more  than  half  execution. 

At  length  the  so-called  hospital  was  ready  ; 
but  I  could  scarcely  believe  my  eyes  when  I  saw 
the  dismal  hole  offered  me  by  that  name.  There, 
in  open  lofts,  without  windows  or  doors,  a  few 
planks  nailed  together  were  to  be  the  beds  of 
the  unfortunate  defenders  of  our  country.  Dur 
ing  those  days  of  fate  the  soldier  had  endured 
all  things — hunger,  thirst,  heat.  Nothing  could 
rob  him  of  his  courage,  his  indifference  to  death ; 
and  now  he  lay  there  wounded  to  the  death  at 
the  door  of  his  friends,  whose  property  he  had 
defended,  for  whose  welfare  he  had  exposed  his 
life  ;  and  these  friends  turn  him  away  to  an  open 
barn,  where  without  dressing  for  his  wounds  or 
any  care,  he  is  left  to  perish. 

And  yet  this  city  had  a  population  of  forty 
thousand  souls,  had  churches  admirably  adapted 
to  conversion  into  hospitals,  had  clergymen  in 
numbers ;  but  neither  the  doors  of  the  churches 
opened  nor  were  the  ministers  of  the  Gospel  there 
to  sweeten  the  last  moments  of  the  dying  soldier. 
Sad  and  dispirited,  I  gave  the  order  to  carry  in 
the  wounded,  cast  one  more  glance  at  that  house 
of  death  and  horror,  and  then  swung  myself  into 
my  saddle  and  fled,  with  a  quiet  oath  on  my  lips, 
back  to  my  regiment. 

Gen.  Jackson  had  accomplished  his  flanking 
march  without  meeting  with  important  resistance 
from  the  enemy.  Hardly  had  he  arrived  at  the 
positions  marked  out  for  him  ere  he  sent  his  col 
umns  to  the  charge.  Notwithstanding  the  diffi 
culties  and  exertions  of  the  march,  which  they 
had  executed  on  short  allowance,  he  hurled  his 
troops — those  desperate  sans  culottes  of  his — 
upon  the  Federals.  In  vain  was  all  the  courage, 
all  the  bold  manoeuvring  of  the  enemy.  Like  a 
tempest  Gen.  Stuart  and  his  cavalry  swept  down 
upon  them  and  hurled  every  thing  to  the  earth 
that  stood  in  his  way.  A  genuine  fury  took 


possession  of  Jackson's  men,  who,  throwing 
•  aside  their  muskets,  and  drawing  their  terri 
ble  bowie-knives,  fell  with  these  alone  upon 
the  victims  offered  up  to  them.  Horrible  was 
the  carnage  that  then  ensued,  and  although  the 
Federals  had  at  first  made  obstinate  resistance, 
they  now  lost  ground  and  fell  back,  throwing 
away  arms,  knapsacks,  blankets — in  fine,  every 
thing  that  could  impede  their  flight.  Subordina 
tion  and  discipline  were  at  an  end.  The  soldier 
no  longer  heard  the  command  of  his  officer,  and 
deserted  the  post  entrusted  to  his  keeping.  Al 
ready  had  two  generals  of  the  four  hostile  bri 
gades  been  left  by  their  men,  and  it  was  believed 
that  all  was  over  with  McClellan's  entire  army, 
when  at  this  perilous  crisis,  Gen.  Heintzelman 
|  appeared  with  his  division,  and  again  brought  the 
battle  to  a  stand.  With  great  ability  and  gallan 
try  he  repulsed  the  onset  of  our  troops,  and  at 
once  ordered  the  organization  of  the  beaten  and 
fugitive  brigades  ;  but  it  was  found  impossible 
to  restore  order  to  these  confused  and  intimidat- 
6(1  masses.  They  bore  their  officers  along  with 
them,  and  rushed  away  in  wild,  disordered  flight. 
Gen.  Heintzelman  saw  himself  compelled  to 
abandon  his  position,  and,  like  an  ox,  with  head 
down  and  ready  to  receive  attack  at  any  moment, 
he  drew  slowly  back  to  the  Chickahominy.  All 
the  wounded  and  all  the  accumulated  stores  of 
the  enemy  fell  into  our  hands,  and  Jackson 
could,  with  a  clear  conscience,  issue  the  order : 
"  Enough  for  to-day."  None  of  the  other  gener 
als  had  performed  their  task  with  such  rapidity 
and  success  as  fre,  and,  therefore,  the  fruits  of  his 
victory  were  unusually  large.  The  Unionists  had 
lost  during  the  day  two  brigadier-generals,  one 
hundred  and  fifteen  staff  and  subaltern  officers, 
three  thousand  privates,  and  twenty-one  cannon, 
and  hundreds  of  ambulances  and  baggage-wagons 
with  all  their  lading.  The  booty  was  immense ; 
but,  in  a  strategic  point  of  view,  Jackson's  suc 
cess  was  of  far  greater  importance,  since  it  cut 
Gen.  McClellan  off  completely  from  his  base  of 
retreat.  When,  therefore,  the  triumph  of  Jack 
son's  arms  became  known  at  headquarters,  all 
counted  with  perfect  certainty  upon  the  destruc 
tion  or  capture  of  McClellan's  entire  force.  The 
rejoicing  bordered  on  frenzy,  and  when,  early 
next  morning,  I  rejoined  my  regiment,  I  found 
my  poor  fellows  in  a  state  of  feverish  excitement, 
for  every  man  of  them  wanted  to  have  a  hand  in 
the  approaching  capture  or  annihilation  of  the 
great  Federal  army.  I  alone  shrugged  my 
shoulders  as  my  officers  communicated  their 
anticipations  on  the  subject.  We  had  gone 
through  a  similar  experience  in  1848,  under  Ra- 
detzky,  in  Italy.  There,  too,  the  Italians  had  al 
ready  prepared  quarters  for  the  old  man  and  his 
troops,  and  the  Mayor  of  Milan  was  so  firmly 
confident  of  victory  and  its  consequences  that  he 
hurried  out  to  meet  the  gray  old  hero  a  prison ti, 
at  the  very  moment  when  the  latter,  overcoming 
all  difficulties,  was  quietly  withdrawing  into  his 
fortresses  at  Mantua  and  Verona. 

I  had  but  just  reached  my  regiment  when  we 
received  the  order  to  advance  along  the  wbole 


DOCUMENTS. 


249 


line.  I  looked  with  sadness  upon  our  once  fine 
division.  How  fearfully  some  regiments  hac 
been  decimated!  Many  which,  like  my  own, 
had  marched  out  with  eleven  hundred  men,  had 
now  but  three  or  four  hundred  effective  soldiers 
left.  Yes,  some — for  instance,  the  Seventh  Geor 
gia  and  Twenty-first  North  Carolina — had  only 
something  over  one  hundred  and  eighty  men. 
A  vast  number  of  officers  were  disabled,  and 
many  a  fine  fellow  who,  a  few  days  before,  full  of 
confidence  and  jollity,  had  prophesied  a  golden 
future,  was  no  more.  I  no  longer  had  the  cour 
age  to  ask  for  this  one  or  that  one  whom  I  did 
not  see,  but  took  it  for  granted  that  he  had  fallen 
on  the  field  of  honor — it  was  too  sad  to  always 
hear  the  same  response,  "  He  is  dead,"  "  he  fell 
here,"  or  "there,"  in  such  and  such  a  way. 

As  our  divisions  were  getting  into  motion,  sud 
denly  appeared  the  President,  Jefferson  Davis, 
surrounded  by  the  General  of  Cavalry,  Joseph 
Davis,  and  Messrs.  Johnston  and  Smith,  followed 
by  Secretary  of  War  Randolph,  and  his  military 
Cabinet.  Now  when  the  danger  was  over,  when 
Richmond  had  been  free  from  the  iron  yoke 
placed  upon  her  neck  by  the  encircling  army  of 
the  foe,  and  when  they  began  again  to  breathe 
freely  within  their  walls,  these  parlor  heroes 
could,  at  last,  at  the  close  of  the  bloody  struggle, 
assume  a  theatrical  attitude.  Yet,  with  no  hur 
rah  as  of  yore,  did  the  soldiers  receive  the  con 
queror  of  Buena  Vista.  With  a  cold  eye  and  as 
stiff  as  his  horse  he  rode  along  the  front  of  the 
regiments,  only  once  in  a  while  addressing  a  word 
to  some  friend. 

"When  our  division  had  successfully  worked  its 
way  out  from  among  the  labyrinths  of  dismounted 
artillery,  shattered  wagons  and  dead  and  wounded 
soldiers,  and  got  room  for  freer  movement,  we 
opened  our  eyes  wide  with  astonishment  when, 
on  reaching  the  positions  evacuated  by  the  ene 
my,  we  found  nothing  but  a  few  stands  of  arms 
and  some  baggage.  All  their  material  had  been 
carried  off  by  them  in  this  part  of  the  field,  and 
only  a  huge  number  of  dead  told  how  fearfully 
the  battle  had  raged  at  this  point.  The  fortifica 
tions  were  of  colossal  dimensions  and  had  far 
greater  solidity  than  we  had  supposed.  We  at 
once  received  orders  to  pursue  the  foe  immediate 
ly,  or  at  least  so  soon  as  we  could  ascertain  his 
exact  whereabouts.  We  had  hardly  got  beyond 
White  House  when  we  descried  a  huge  cloud  of 
smoke  which  eddied  above  the  woods  about  a 
mile  and  a  half  to  our  right.  As  we  carefully 
advanced  in  that  direction  we  perceived  a  high 
heaped-up  pyramid  briskly  burning  with  a  red- 
hot  glow  and  sending  forth  volumes  of  steam. 
The  hostile  General  had  given  orders  to  commit 
all  the  property  that  could  not  be  carried  away 
to  the  flames,  and  here  the  eager  conquerors  were 
robbed  of  millions  of  dollars'  worth  of  booty. 
Like  hungry  wolves  my  poor  fellows  rushed  to 
ward  the  huge  glowing  heap  to  save  whatever 
could  yet  be  saved.  There  were  hundreds  of 
casks  of  meat,  coffee,  sugar,  molasses,  rice,  wine, 
even  champagne — in  fine,  all  those  delicacies  with 
which  the  Northern  army  was  more  than  abun 


dantly  provided,  and  which  we  poor  devils  scarce* 
ly  knew  the  names  of,  piled  up  on  one  another. 
Yet  all  our  efforts  to  rescue  something  useful 
were  vain  ;  the  enemy  had  taken  his  precautions 
for  the  total  destruction  of  every  thing  left  be 
hind  with  such  cunning  skill  that  there  was 
nothing  remaining  but  spoiled  and  useless  goods. 
On  the  other  hand,  the  entire  field  was  covered 
with  the  heavy  cloth  cloaks  of  the  fugitives,  and 
these  were  very  welcome  to  our  troops.  Yet  all 
essential  particulars  proved  to  me  that  General 
McClellan  had  accomplished  his  retreat  with  or 
der  and  sagacity,  and  that  there  was  nothing  far 
ther  from  his  thoughts  than  a  surrender  of  the 
army.  Indeed,  from  some  stragglers  captured 
by  my  men,  I  learned  that  he  had  crossed  the 
Chickahominy  with  his  entire  force,  had  given  up 
his  former  base  of  retreat  and  was  now  approach 
ing  the  James  River,  probably  with  a  view  to 
form  a  junction  with  the  fleet.  I  at  once  sent  an 
officer  with  the  intelligence  to  Gen.  Lee.  Here 
upon  I  received  orders  to  halt,  and  presently 
there  rushed  by  the  twelve  fine  brigades  of  Hill 
(first)  and  Longstreet  to  give  the  supposed  flying 
enemy  his  death-blow.  About  five  miles  from 
Darleytown,  on  the  Newmarket  road,  we  got 
sight  of  the  foe  ;  but  they  had  taken  up  a  splen 
did  position.  The  plain,  thickly  beset  with  trees 
at  this  point,  and  rough,  broken  ground,  was 
very  unfavorable  to  the  operations  of  our  brave 
cavalry,  and  they  were  condemned  to  inaction. 

General  McClellan  had  taken  his  position  at 
Frazier's  farm,  which  formed  his  centre.  This 
point  he  had  strengthened  with  nineteen  pieces 
of  heavy  artillery,  had  collected  his  best  troops 
there,  and  firmly  and  coolly  awaited  our  attack. 
We  had,  at  all  hazards,  to  drive  the  enemy  from 
the  neighborhood  of  our  capital  or  succumb  our 
selves.  No  other  choice  remained  for  us.  But 
General  McClellan  only  too  well  understood  his 
critical  position.  By  the  folly  of  Gen.  McDowell, 
the  pitiful  conduct  of  Secretary  Stanton,  and  the 
political  reasons  of  Commander-in-Chief  Halleck, 
at  Washington,  he  was  offered  up,  as  it  were,  to 
destruction.  .Many  another  general  would,  per 
haps,  under  such  dreadful  circumstances,  have 
sought  death  amid  the  crash  of  battle.  How 
ever,  he  did  not  hesitate  a  moment,  notwithstand 
ing  the  frightful  losses  he  had  suffered  during 
those  four  days'  struggles,  to  trust  his  fate,  like 
an  old  and  gallant  soldier,  to  the  sword. 

During  that  four  days'  massacre  our  troops  had 
been  transformed  into  wild  beasts,  and  hardly 
had  they  caught  sight  of  the  enemy,  drawn  up  in 
order,  ere  they  rushed  upon  them  with  horrible 
yells.  Yet  calmly,  as  on  the  parade-ground,  the 
"atter  delivered  their  fire.  The  batteries  in  the 
centre  discharged  their  murderous  volleys  on  our 
men,  and  great  disorder  ensued  among  the  storm- 
"ng  masses.  General  Lee  sent  all  his  disposable 
troops  to  the  rescue,  but  McClellan  opened  upon 
these  newly  formed  storming  columns  so  hellish 
a  fire  that  even  the  coldest-blooded  veteran  lost 
his  self-possession.  Whole  ranks  of  our  men 
were  hurled  to  the  ground.  The  thunder  of  the 
cannon,  the  crackling  of  the  musketry  from  a 


250 


REBELLION  RECORD,  1862. 


hundred  thousand  combatants,  mingled  with  the 
screams  of  the  wounded  and  the  dying,  were  ter 
rific  to  the  ear  and  the  imagination.  Thus  raged 
the  conflict  within  a  comparatively  narrow  space 
seven  long  hours,  and  yet  not  a  foot  of  ground 
was  won.  All  our  reserves  had  been  led  into  the 
fight,  and  the  brigade  of  Wilcox  was  annihilated. 
At  length  the  coming  of  night  compelled  a  truce, 
and  utterly  overcome  by  fatigue,  the  soldier 
sank  upon  the  ground  at  his  post,  thoughtless  of 
even  the  friend  torn  from  his  side  and  engrossed 
only  with  the  instinct  of  self-preservation.  But 
44 Water!  water!"  was  the  cry  from  the  parched 
lips  on  all  sides.  The  empty  flasks  contained 
not  a  drop,  alas  !  and  at  length  sleep  overcame 
each  worn-out  warrior,  and  even  thirst  and  hun 
ger  were  forgotten.  Gloomy  and  out  of  humor, 
General  Lee  rode  through  the  camping-ground 
of  the  decimated  regiments  attended  by  his  staff, 
and  then,  with  a  dry,  harsh  voice,  ordered  up  the 
divisions  of  Wise  and  Magruder  to  bury  the 
dead.  With  a  brief  remark,  he  next  indicated  to 
General  Longstreet  his  position  for  the  next  day, 
and  rode  off  with  his  aids  to  visit  other  portions 
of  the  line. 

THE    SIXTH    DAY  AND    THE    SEVENTH,  WITH    THE 
BATTLE   OF    MALVERN    HILL. 

The  gray  of  morning  was  just  beginning  to  ap 
pear  upon  the  horizon  when  the  roar  of  artillery 
was  once  more  heard.  A  battery  which,  during 
the  night,  General  Anderson  had  placed  nearer 
to  the  hostile  lines  was  instantly  noticed  by  the 
enemy  and  vigorously  attacked  by  his  field-pieces. 
Every  shot  struck,  and  the  fragments  were  hurl 
ed  in  all  directions.  Of  the  twelve  pieces  in  the 
battery  five  were  quickly  dismounted  and  the 
teams  half  destroyed,  yet  the  commanding  officer 
held  his  post  In  the  mean  while  our  columns 
had  formed  without  having  tasted  any  strengthen 
ing  or  nourishing  refreshment.  Exhausted  by 
the  fatigues  of  the  preceding  days,  they  fairly 
reeled  on  their  feet,  yet  not  a  man  shrank  back 
from  duty.  At  length,  as  the  sun  rose  in  splen 
dor,  and  we  could  better  distinguish  the  enemy's 
position,  an  involuntary  exclamation  escaped  me, 
for  it  was  evident  to  rne,  from  the  denser  ranks 
he  exhibited,  that  McClellan  had  been  considera 
bly  reenforced  during  the  night,  and  could  there 
fore  withdraw  his  worn-out  troops  from  the  fore 
most  lines,  and  have  an  easy  struggle  with  fresh 
men  against  our  famished  and  exhausted  force. 

General  Lee,  convinced  of  the  perilous  position 
of  affairs,  at  once  issued  orders  to  Stonewall 
Jackson  to  cover  the  retreat  in  case  the  army 
should  be  compelled  to  fall  back,  and  directions 
were  sent  to  Richmond  to  get  all  the  public  prop 
erty  ready  for  immediate  removal.  Then  the  di 
visions  of  Hill,  (second,)  Longstreet,  Anderson, 
Cobb  and  Whitcomb  were  ordered  to  storm  the 
enemy's  works. 

And  now  again  commenced  one  of  the  most 
desperate  combats  that  ever  took  place  in  any 
war.  The  loss  on  our  side  was  absolutely  fright 
ful.  McClellan  observing  the  devastation  his  ar 
tillery  was  making  among  our  troops,  called  up  a 


division  of  reserves,  and  overwhelmed  us  with  a 
terrific  rain  of  musketry.  His  masses  pressed 
forward,  step  by  step,  nearer  and  nearer,  until  at 
length  some  companies  of  ours  threw  their  arms 
away  and  fled.  McClellan  availed  himself  of  this 
panic  and  ordered  a  flank  movement  of  his  cav 
alry.  Quick  as  thought  Anderson  placed  him 
self  at  the  head  of  our  horse,  and  led  three  regi 
ments  to  the  charge.  Their  onset  was  magnifi 
cent.  Our  Texans  burst  with  ringing  huzzas  into 
the  ranks  of  the  foe,  who,  without  even  giving  us 
time  to  try  our  sabres,  turned  to  the  right  about ; 
but  here,  too,  the  hostile  field-pieces  prevented 
farther  success,  and  we  had  to  draw  back  from 
before  that  crushing  fire. 

The  enemy,  noticing  our  confusion,  now  ad 
vanced,  with  the  cry :  "  Onward  to  Richmond  !" 
Yes,  along  the  whole  hostile  front  rang  the  shout : 
"  Onward  to  Richmond  !"  Many  old  soldiers 
who  had  served  in  distant  Missouri  and  on  the 
plains  of  Arkansas  wept  in  the  bitterness  of  their 
souls  like  children.  Of  what  avail  had  it  been 
to  us  that  our  best  blood  had  flowed  for  six  long 
days  ? — of  what  avail  all  our  unceasing  and  ex- 
haustless  endurance  ?  Every  thing,  every  thing 
seemed  lost,  and  a  general  depression  came  over 
all  our  hearts.  Batteries  dashed  past  in  head 
long  flight ;  ammunition,  hospital  and  supply- 
wagons  rushed  along,  and  swept  the  troops  away 
with  them  from  the  battle-field.  In  vain  the 
most  frantic  exertion,  entreaty,  and  self-sacrifice 
of  the  staff-officers.  The  troops  had  lost  their 
foothold,  and  all  was  over  with  the  Southern 
Confederacy. 

In  this  moment  of  desperation  Gen.  Hill  came 
up  with  a  few  regiments  he  had  managed  to  ral 
ly  ;  but  the  enemy  was  continually  pressing 
nearer  and  nearer,  louder  and  louder  their  shouts, 
and  the  watchword,  "  On  to  Richmond  !"  could 
be  heard.  Cavalry  officers  sprang  from  their 
saddles  and  rushed  into  the  ranks  of  the  infantry 
regiments,  now  deprived  of  their  proper  officers. 
Gen.  Hill  seized  the  standard  of  the  Fourth 
North-Carolina  regiment — which  he  had  formerly 
commanded — and  shouted  to  the  soldiers:  "If 
you  will  not  follow  me,  I  will  perish  alone!" 
Upon  this,  a  number  of  officers  dashed  forward 
to  cover  their  beloved  General  with  their  bodies, 
the  soldiers  hastily  rallied,  and  the  cry,  "  Lead 
on,  Hill,  head  your  old  North-Carolina  boys!'* 
rose  over  the  field.  And  now  Hill  charged  for 
ward  with  this  mass  he  had  thus  worked  up  to 
the  wildest  enthusiasm.  The  enemy  halted  when 
they  saw  these  columns,  in  flight  a  moment  be 
fore,  now  advancing  to  the  attack,  and  Hill  burst 
upon  his  late  pursuers  like  a  famished  lion.  A 
fearful  hand-to-hand  conflict  now  ensued,  for 
there  was  no  time  to  load  and  fire.  The  ferocity 
with  which  this  combat  was  waged  was  incredi 
ble.  It  was  useless  to  beg  the  exasperated  men 
for  quarter :  there  was  no  moderation,  no  pity, 
no  compassion  in  that  bloody  work  of  bayonet 
and  knife.  The  son  sank  dying  at  his  father's 
feet;  the  father  forgot  that  he  had  a  child — a 
dying  child ;  the  brother  did  not  see  that  a  broth 
er  was  expiring  a  few  paces  from  him ;  the  friend 


DOCUMENTS. 


251 


heard  not  the  last  groans  of  a  friend ;  all  natural 
ties  were  dissolved  ;  only  one  feeling,  one  thirst 
panted  in  every  bosom — revenge.  Here  it  was 
that  the  son  of  Major  Peyton,  but  fifteen  years 
of  age,  called  to  his  father  for  help.  A  ball  had 
shattered  both  his  legs.  "  When  we  have  beaten 
the  enemy,  then  I  will  help  you,"  answered  Pey 
ton  ;  "I  have  here  other  sons  to  lead  to  glory. 
Forward  !"  But  the  column  had  advanced  only 
a  few  paces  further  when  the  Major  himself  fell 
to  the  earth  a  corpse.  Prodigies  of  valor  were 
here  performed  on  both  sides.  History  will  ask 
in  vain  for  braver  soldiers  than  those  who  here 
fought  and  fell.  But  of  the  demoniac  fury  of 
both  parties  one  at  a  distance  can  form  no  idea. 
Even  the  wounded,  despairing  of  succor,  collect 
ing  their  last  energies  of  life,  plunged  their  knives 
into  the  bosoms  of  foemen  who  lay  near  them 
still  breathing. 

The  success  of  Gen.  Hill  enabled  other  gene 
rals  to  once  more  lead  their  disorganized  troops 
back  to  the  fight,  and  the  contest  was  renewed 
along  the  whole  line,  and  kept  up  until  deep  into 
the  night ;  for  every  thing  depended  upon  our 
keeping  the  enemy  at  bay,  counting,  too,  upon 
their  exhaustion  at  last,  until  fresh  troops  could 
arrive  to  reenforce  us.  At  length,  about  half- 
past  ten  in  the  evening,  the  divisions  of  Magru- 
der,  Wise  and  Holmes  came  up  and  deployed  to 
the  front  of  our  army.  Had  the  commanders  of 
these  divisions  executed  their  orders  with  prompt 
itude  and  skill,  streams  of  blood  would  have  been 
spared,  and  the  foe  would  have  been  thrown 
back  upon  his  reserves  in  the  course  of  the  fore 
noon  ;  but  they  reached  us  fully  seventeen  hours 
behind  time.  The  generals  had  been  uncertain 
concerning  the  marching  orders,  their  columns 
crossed  each  other  and  became  entangled,  and 
precious  time  was  irremediably  lost.  Still,  as  it 
was,  the  remainder  of  our  force  had  to  thank  the 
final  arrival  of  these  divisions  for  their  rescue. 

So  soon  as  these  reinforcements  could  be 
thrown  to  the  front,  our  regiments  were  drawn 
back,  and  as  far  as  possible  reorganized  during 
the  night,  the  needful  officers  appointed,  and 
after  the  distribution  of  provisions,  which  had 
also  fortunately  arrived,  measures  were  adopted 
for  the  gathering  up  of  the  wounded  and  the 
burial  of  the  dead. 

On  Tuesday,  July  first,  a.t  two  o'clock  in  the 
morning,  while  the  stars  were  still  visible  in  the 
sky,  Gen.  Magruder  again  opened  the  battle,  and 
very  soon  began  a  cannonade  so  fearful  that  the 
very  earth  trembled  with  the  concussion.  By 
twelve  o'clock  meridian  McClellan  had  abandoned 
all  his  positions,  leaving  behind  his  wounded,  his 
baggage,  and  many  pieces  of  cannon.  Magruder 
followed  him,  hot  foot,  but  cautiously,  as  he  had 
first  to  sweep  the  surrounding  woods  with  artil 
lery  and  sharp-shooters. 

About  half-past  four  P.M.  our  troops  reached 
the  vicinity  of  the  well-known  farm  of  D.  Carter, 
known  as  Malvern  Hill.  Here  Gen.  McClellan 


had  again  drawn  up  his  army  to  reopen  the  fight. 
Gen.  Magruder  no  sooner  saw  the  enemy's  posi 
tion  than  he  once  more  led  his  men  to  the  attack. 
His  columns  advanced  in  magnificent  order  over 
the  space  that  separated  them  from  the  foe,  and 
stormed  the  intrenched  position.  But  a  murder 
ous  hail  of  grape  received  the  brave  fellows  and 
mowed  them  down,  until  finally  the  fragments 
of  these  splendid  divisions  were  compelled  to  seek 
the  shelter  of  the  woods.  Again  Generals  Smith, 
Anderson,  and  Holmes  led  on  their  troops,  but 
suddenly  missiles  of  monstrous  dimensions  tore 
down  whole  ranks  of  our  soldiers  and  caused  the 
most  appalling  damage. 

This  was  the  fire  of  the  fleet,  which,  although 
two  and  a  half  miles  distant,  now  took  part  in 
the  contest.  Our  men  still  rushed  forward  with 
desperate  courage  against  the  hostile  position,  and 
Malvern  Hill  was  attacked  on  all  sides.  McClel 
lan  defended  himself  courageously,  and  it  was 
twelve  o'clock  at  night  ere  he  evacuated  this  posi 
tion,  which  both  nature  and  art  had  made  a 
strong  one.  The  heroic  daring  and  energy  of 
our  troops  had  overcome  all  obstacles. 

The  battle  of  the  seventh  day  will  live  forever 
in  the  memory  of  the  people  as  the  battle  of  Mal 
vern  Hill.  Nowhere,  in  all  the  actions  fought 
around  Richmond,  was  the  contest  confined 
within  so  small  a  space,  and  there  was  added  to 
it  the  fire  of  the  monster  guns  on  board  the  en 
emy's  ships.  It  was  terrible  to  see  those  two 
hundred  and  sixty-eight-pound  shell  crashing 
through  the  woods,  and  when  one  exploded  it  was 
as  though  the  globe  had  burst.  Never,  in  any 
war  since  the  world  began,  were  missiles  of  such 
magnitude  before  used.  The  battle  of  Malvern 
Hill  will  be  a  monument  for  that  people,  testify 
ing  to  the  determined  will  and  resolution  with 
which  it  contended  for  its  independence  as  a  na 
tion,  and  the  indomitable  firmness  of  its  vow  to 
conquer  or  to  die. 

I  must  award  to  Gen.  McClellan  my  fullest  re 
cognition.  There  are  few,  if  any,  generals  in  the 
Union  army  who  can  rival  him.  Left  in  the 
most  desperate  straits  by  his  companion  in  arms, 
McDowell ;  victimized  by  the  Secretary  of  War, 
Stanton,  at  Washington  ;  offered  up  as  a  sacrifice 
to  destiny  by  political  jealousy  ;  cut  off  from  his 
basis  of  retreat,  he  selected  a  new  line  of  safety 
of  which  no  one  had  even  dreamed.  He  defend 
ed  every  foot  of  ground  with  courage  and  talent, 
and  his  last  stand  at  Malvern  Hill,  as  well  as  his 
system  of  defence  and  his  strategic  combinations, 
displayed  high  military  ability.  Yet  his  troops 
were  too  greatly  demoralized  by  their  seven  days' 
fighting,  and  lost  their  stamina,  while  several  of 
his  generals  could  not  comprehend  the  ideas  of 
their  commander,  and  sustained  him  but  poorly, 
or  not  at  all.  At  Harrison's  Landing,  where  the 
James  River  forms  a  curve,  he  collected  his  shat 
tered  array  under  the  guns  of  the  Federal  fleet. 
But,  on  our  side,  we  had  no  longer  an  army  ta 
molest  him. — N.  T.  Herald. 


252 


REBELLION  RECORD,  1862. 


Doc.  42. 

THE  LUTHERAN   GENERAL   SYNOD. 
RESOLUTIONS  ON  THE  WAR. 

ON  the  thirteenth  of  May,  1862,  at  Washing 
ton,  D.  C.,  a  Committee  of  the  General  Synod  of 
the  Evangelical  Lutheran  Church  in  the  United 
States  were  introduced  to  President  Lincoln  by 
the  Secretary  of  State,  and  communicated  the 
subjoined  resolutions. 

The  Rev.  Prof.  L.  Sternberg,  of  Hartwick  Semi 
nary,  New-York,  the  chairman  of  the  Committee, 
in  presenting  the  resolutions,  addressed  the  Presi 
dent  as  follows : 

Mr.  President :  We  have  the  honor,  as  a  com 
mittee  of  the  General  Synod  of  the  Lutheran 
Church  in  the  United  States,  to  present  to  your 
Excellency  a  copy  of  the  preamble  and  resolu 
tions  in  reference  to  the  state  of  the  country, 
adopted  by  that  body,  at  its  late  session,  in  the 
city  of  Lancaster,  Pa. 

We  are  further  charged  to  assure  you  that  our 
fervent  prayers  shall  ascend  to  the  God  of  na 
tions,  that  Divine  guidance  and  support  may  be 
vouchsafed  to  you  in  the  trying  and  responsible 
position  to  which  a  benignant  Providence  has 
called  you. 

With  your  permission,  the  Rev.  Dr.  Pohlman, 
of  Albany,  N.  Y.,  will  briefly  express  to  you  the 
sentiments  which  animated  the  Committee  and 
the  Church  they  represent,  in  view  of  the  present 
crisis  in  our  National  affairs. 

The  Rev.  Dr.  Pohlman,  of  Albany,  N.  Y.,  in 
his  speech,  alluded  to  the  fact  that  the  late  ses 
sion  of  the  General  Synod  of  the  Lutheran 
Church,  at  Lancaster,  was  the  first  that  had 
been  held  since  the  troubles  in  our  country  com 
menced  ;  that  the  General  Synod  represents 
twenty-seven  district  Synods,  scattered  over 
the  Middle,  Western,  and  Southern  States,  from 
twenty-two  of  which  delegates  were  in  attend 
ance  ;  that  from  the  States  in  rebellion  no  dele 
gates  were  present,  except  one  from  Tennessee, 
who  had,  in  praying  for  the  President,  avoided 
arrest  only  in  consequence  of  the  fact  that  he 
conducted  divine  services  in  the  German  lan 
guage,  the  vernacular  of  many  in  the  Lutheran 
Church.  He  further  expressed  his  deep  convic 
tion  that  we  were  greatly  indebted  for  the  degree 
of  success  that  has  crowned  the  efforts  of  the 
Government  in  quelling  the  rebellion,  to  the 
prayers  of  Christians,  and  concluded  by  invoking 
the  Divine  benediction  to  rest  on  the  President 
and  on  our  beloved  country. 

REPLY    OF   THE    PRESIDENT. 

Gentlemen :  I  welcome  here  the  representatives 
of  the  Evangelical.  Lutherans  of  the  United  States. 
I  accept  with  gratitude  their  assurances  of  the 
sympathy  and  support  of  that  enlightened,  in 
fluential  and  loyal  class  of  my  fellow-citizens  in  an 
important  crisis,  which  involves,  in  my  judgment, 
not  only  the  civil  and  religious  liberties  of  our 
own  dear  land,  but  in  a  large  degree  the  civil  and 
religious  liberties  of  mankind  in  many  countries 


and  through  many  ages.  You  well  know,  gen 
tlemen,  and  the  world  knows,  how  reluctartly  I 
accepted  this  issue  of  battle  forced  upon  me,  on 
my  advent  to  this  place,  by  the  internal  enemies 
of  our  country.  You  all  know,  the  world  knows, 
the  forces  and  the  resources  the  public  agents 
have  brought  into  employment  to  sustain  a  Gov 
ernment  against  which  there  has  been  brought 
not  one  complaint  of  real  injury  committed 
against  society,  at  home  or  abroad.  You  all 
may  recollect  that  in  taking  up  the  sword  thus 
forced  into  our  hands,  this  Government  appealed 
to  the  prayers  of  the  pious  and  the  good,  and  de 
clared  that  it  placed  its  whole  dependence  upon 
the  favor  of  God.  I  now  humbly  and  reverently, 
in  your  presence,  reiterate  the  acknowledgment 
of  that  dependence,  not  doubting  that  if  it  shall 
please  the  Divine  Being  who  determines  the  des 
tinies  of  nations,  that  this  shall  remain  a  united 
people,  they  will,  humbly  seeking  the  Divine 
guidance,  make  their  prolonged  national  exist 
ence  a  source  of  new  benefits  to  themselves  and 
their  successors,  and  to  all  classes  and  conditions 
of  mankind. 

RESOLUTIONS. 

Whereas,  Our  beloved  country,  after  having 
long  been  favored  with  a  degree  of  political  and 
religious  freedom,  security  and  prosperity,  unex 
ampled  in  the  history  of  the  world,  now  finds  it 
self  involved  in  a  bloody  war  to  suppress  an 
armed  rebellion  against  its  lawfully  constituted 
government ;  and 

Whereas,  The  Word  of  God,  which  is  the  sole 
rule  of  our  faith  and  practice,  requires  loyal  sub 
jection  to  "  the  powers  that  be,"  because  they 
are  "  ordained  of  God,"  to  be  "  a  terror  to  evil 
doers  and  a  praise  to  those  who  do  well,"  and,  at 
the  same  time,  declares  that  they  who  u  resist 
the  power"  shall  receive  to  themselves  condemna-. 
tion ;  and 

Whereas,  We,  the  representatives  of  the  Evan 
gelical  Lutheran  Synods  of  the  United  States, 
connected  with  the  General  Synod  assembled  in 
Lancaster,  Pa.,  recognize  it  as  our  duty  to  give 
public  expression  to  our  convictions  of  truth  on 
this  subject,  and  in  every  proper  way  to  coope 
rate  with  our  fellow-citizens  in  sustaining  the 
great  interests  of  law  and  authority,  of  liberty 
and  righteousness.  Be  ft  therefore 

Resolved,  That  it  is  the  deliberate  judgment 
of  this  Synod,  that  the  rebellion  against  the  con 
stitutional  government  of  this  land  is  most  wicked 
in  its  inception,  unjustifiable  in  its  cause,  unna 
tural  in  its  character,  inhuman  in  its  prosecution, 
oppressive  in  its  aims,  and  destructive  in  its  re 
sults  to  the  highest  interests  of  morality  and  re 
ligion. 

Resolved,  That,  in  the  suppression  of  this  re 
bellion,  and  in  the  maintenance  of  the  Constitu 
tion  and  the  Union  by  the  sword,  we  recognize 
an  unavoidable  necessity  and  a  sacred  duty  which 
the  Government  owes  to  the  nation  and  the  world ; 
and  that,  therefore,  we  call  upon  our  people  to 
lift  up  holy  hands  in  prayer  to  the  God  of  battles, 
without  personal  wrath  against  the  evil  doers  on 


DOCUMENTS. 


253 


the  one  hand,  and  without  doubting  the  righteous 
ness  of  our  cause  on  the  other,  that  he  would 
give  wisdom  to  the  President  and  his  counsellors, 
and  success  to  the  army  and  navy,  that  our  be 
loved  land  may  speedily  be- •delivered  from  trea 
son  and  anarchy. 

Resolved,  That,  whilst  we  regard  this  unhappy 
war  as  a  righteous  judgment  of  God,  visited  upon 
us  because  of  the  individual  and  national  sins 
of  which  we  have  been  guilty,  we  nevertheless 
regard  this  rebellion  as  more  immediately  the 
natural  result  of  the  continuance  and  spread  of 
domestic  slavery  in  our  land,  and  therefore  hail 
with  unmingled  joy  the  proposition  of  our  Chief 
Magistrate,  which  has  received  the  sanction  of 
Congress,  to  extend  aid  from  the  general  govern 
ment  to  any  State  in  which  slavery  exists,  which 
shall  deem  fit  to  initiate  a  system  of  constitutional 
emancipation. 

Resolved,  That  we  deeply  sympathize  with  all 
loyal  citizens  and  Christian  patriots  in  the  rebel 
lious  portions  of  our  country,  and  we  cordially 
invite  their  cooperation  in  offering  united  suppli 
cations  at  a  throne  of  grace,  that  God  would  re 
store  peace  to  our  distracted  country,  reestablish 
fraternal  relations  between  all  the  States,  and 
make  our  land,  in  all  time  to  come,  the  asylum 
of  the  oppressed,  and  the  permanent  abode  of 
liberty  and  religion. 

Resolved,  That  our  devout  thanks  are  due  to 
Almighty  God  for  the  success  which  has  crowned 
our  arms  ;  and  whilst  we  praise  and  magnify  his 
name  for  the  help  and  succor  he  has  graciously 
afforded  to  our  land  and  naval  forces,  in  enabling 
them  to  overcome  our  enemies,  we  regard  these 
tokens  of  his  divine  favor  as  cheering  indications 
of  the  final  triumph  of  our  cause. 


Doc.  43. 
PASTORAL    LETTER 

FROM  THE  BISHOPS  OP  THE  PROTESTANT  EPISCOPAL 
CHURCH  TO  THE  CLERGY  AND  LAITY  OF  THE 
CHURCH  IN  THE  CONFEDERATE  STATES  OF  AMERICA. 

Delivered  before   the    General   Council,   in  St. 

Pauls  Church,  Augusta,  Ga.,  Saturday, 

Nov.  22,  1862. 

AT  your  request,  brethren  of  the  Clergy  and 
Laity,  we  conclude  the  session  of  our  First  Gene 
ral  Council  by  presenting  to  you  and  reading  in 
your  presence  a  pastoral  letter,  addressed  to  the 
members  of  the  Protestant  Episcopal  Church 
scattered  throughout  the  confederate  States.  By 
the  mighty  power  of  the  Holy  Ghost  we  have 
been  permitted  to  bring  our  deliberations  to  a 
close  in  a  spirit  of  harmony  and  peace,  which  au 
gurs  well  for  the  future  welfare  of  our  branch  of 
the  Church  Catholic ;  and  our  first  duty  is  to 
thank  Him  who  has  promised  to  be  with  his 
Church  to  the  end  of  the  world,  for  his  presence 
with  u<s  during  our  consultations,  and  to  the  happy 
conclusion  to  which  he  has  brought  our  sacred 
labors. 

Seldom  has  any  Council   assembled    in  the 
Church  of  Christ  under  circumstances  needing 
SUP.  Doc.  16 


his  presence  more  urgently  than  this  which  ia 
now  about  to  submit  its  conclusions  to  the  judg 
ment  of  the  Universal  Church.  Forced  by  the 
providence  of  God  to  separate  ourselves  from  the 
Protestant  Episcopal  Church  in  the  United  States 
— a  Church  with  whose  doctrine,  discipline  and 
worship  we  are  in  entire  harmony,  and  with  whose 
action,  up  to  the  time  of  that  separation,  we  were 
abundantly  satisfied  —  at  a  moment  when  civil 
strife  had  dipped  its  foot  in  blood,  and  cruel  war 
was  desolating  our  homes  and  firesides,  we  requir 
ed  a  double  measure  of  grace  to  preserve  the  ac 
customed  moderation  of  the  Church  in  the  arrange 
ment  of  organic  law,  in  the  adjustment  of  our 
code  of  canons,  but  above  all,  in  the  preservation, 
without  change,  of  those  rich  treasures  of  doctrine 
and  worship  which  have  come  to  us  enshrined  in 
our  book  of  Common  Prayer. 

Cut  off  likewise  from  all  communication  with 
our  sister  churches  of  the  world,  we  have  been 
compelled  to  act  without  any  interchange  of  opin 
ion  even  with  our  Mother  Church,  and,  alone  a,nd 
unaided,  to  arrange  for  ourselves  the  organization 
under  which  we  should  do  our  part  in  carrying 
on  to  their  consummation  the  purposes  of  God 
in  Christ  Jesus.  We  trust  that  the  spirit  of 
Christ  has  indeed  so  directed,  sanctified  and  gov 
erned  us  in  our  work,  that  we  shall  be  approved 
by  all  who  love  our  Lord  Jesus  Christ  in  sincerity 
and  in  truth,  and  who  are  earnest  in  preparing 
the  world  for  his  coming  in  glorious  majesty  to 
judge  both  the  quick  and  the  dead. 

The  Constitution  of  the  Protestant  Episcopal 
Church  in  the  confederate  States,  under  which 
we  have  been  exercising  our  legislative  functions, 
is  the  same  as  that  of  the  Church  from  which  we 
have  been  providentially  separated,  save  that  we 
have  introduced  into  it  a  germ  of  expansion  which 
was  wanting  in  the  old  constitution.  This  is 
found  in  the  permission  which  is  granted  to  ex 
isting  dioceses  to  form  themselves  by  subdivision 
into  provinces,  and  by  this  process  gradually  to 
reduce  our  immense  dioceses  into  episcopal  sees, 
more  like  those  which  in  primitive  times  covered 
the  territories  of  the  Roman  Empire.  It  is  at 
present  but  a  germ,  and  may  lie  for  many  years, 
without  expansion,  but  being  there  it  gives  prom 
ise,  in  the  future,  of  a  more  close  and  constant 
episcopal  supervision  than  is  possible  under  our 
present  arrangement. 

The  canon  law,  which  has  been  adopted  during 
our  present  session,  is  altogether  in  its  spirit,  and 
almost  in  its  letter,  identical  with  that  under 
which  we  have  hitherto  prospered.  We  have 
simplified  it  in  some  respects,  and  have  made  it 
more  clear  and  plain  in  many  of  its  requirements ; 
but  no  changes  have  been  introduced  which  have 
altered  either  its  tone  or  character.  It  is  the  same 
moderate,  just,  and  equal  body  of  ecclesiastica. 
law  by  which  the  Church  has  been  governed  on 
this  continent  since  her  reception  from  the  Church 
of  England  of  the  treasures  of  an  apostolic  minis 
try  and  a  liturgical  form  of  worship. 

The  Prayer-Book  we  have  left  untouched  in 
every  particular  save  where  a  change  of  our  civil 
government  and  the  formation  of  a  new  nation 


254 


REBELLION  RECORD,  1862. 


have  made  alteration  essentially  requisite.  Three 
words  comprise  all  the  amendment  which  has 
been  deemed  necessary  in  the  present  emergency, 
for  we  have  felt  unwilling,  in  the  existing  condi 
tion  of  affairs,  to  lay  rash  hands  upon  the  Book, 
consecrated  by  the  use  of  ages,  and  hallowed  by 
associations  the  most  sacred  and  precious.  We 
giv^  you  back  your  Book  of  Common  Prayer  the 
same  as  you  have  entrusted  it  to  us,  believing 
that  if  it  has  slight  defects,  their  removal  had 
better  be  the  gradual  work  of  experience  than  the 
hasty  action  of  a  body  convened  almost  upon  the 
outskirts  of  a  camp. 

Beside  this  actual  legislation  which  we  now 
submit  to  you,  our  assembling  together  has 
given  us  a  view  of  the  condition  of  the  Church 
throughout  the  confederate  States  which  renders 
it  our  duty  to  speak  to  you  as  chief  pastors  over 
the  flock  of  Christ,  reminding  you  of  the  peculiar 
encouragements  which  surround  us,  specifying 
the  points  toward  which  our  efforts,  as  a  Christ 
ian  Church,  should  be  directed,  and  pointing  out 
the  deficiencies  which  require  instant  correction 
and  amendment.  No  moment  seems  so  propi 
tious  for  the  performance  of  this  duty  as  that  in 
which  we  are  beginning  a  new  life  in  the  Church, 
and  are  preparing  to  stamp  ourselves  upon  the 
world  for  good  or  for  evil. 

Our  highest  encouragement  is  derived  from  the 
fact  that  we  hold  the  sacred  trust  of  the  faith 
once  delivered  to  the  saints,  and  that  we  hold  it 
in  connection  with  a  ministry  whose  succession 
from  Christ  and  his  apostles  is  undoubted,  and 
with  a  form  of  worship  simple  and  pure,  yet  sub 
lime  and  scriptural.  These  are  not  gifts  to  make 
boast  of,  but  to  use  for  the  glory  of  God  and  the 
advancement  of  Christ's  kingdom.  Far  from  fill 
ing  us  with  vain-glory,  their  possession  should 
humble  us  in  the  dust,  unless  we  approve  our 
selves  faithful  stewards  of  such  inestimable  treas 
ures.  To  whom  much  has  been  committed,  from 
him  will  much  be  required,  and  it  remains  for  us 
to  prove  whether  we  have  deserved  so  spiritual 
an  inheritance.  But  possessing  them,  we  may 
rightfully  feel  that  we  enter  upon  our  warfare 
with  the  world,  the  flesh,  and  the  devil,  having 
all  the  strength  that  divine  truth  and  a  divine 
commission  can  give  us. 

We  can  press  on  without  any  doubts  resting 
upon  our  hearts  as  to  the  truth  which  we  are 
teaching,  as  to  the  validity  of  the  sacraments 
which  we  are  administering,  or  as  to  the  authority 
of  the  orders  which  we  are  transmitting.  Upon 
all  these  points  we  are  secur^  and  we  can  go  for 
ward,  offering  to  all  men,  with  boldness  and  con 
fidence,  the  Gospel  of  our  Lord  Jesus  Christ  and 
the  fellowship  of  the  saints.  Whatever  hindrances 
we  may  meet,  or  whatever  contradiction  of  men 
we  may  encounter,  we  can  rest  assured  that  truth 
will  finally  prevail,  and  that  God  will  set  his  Son 
upon  his  holy  hill  of  Zion. 

Our  next  source  of  encouragement  is  that  we 
enter  upon  our  work  with  our  dioceses  fully  or 
ganized  and  with  the  means  which  Christ  has 
instituted  in  his  Church  well  distributed  through 
out  the  confederate  States.  When  we  remember 


the  very  different  auspices  under  which  the  ve 
nerated  fathers  of  the  American  Church  began 
their  work,  and  mark  how  \t  has  grown  and 
prospered,  we  should  indeed  take  courage  and 
feel  no  fear  for  the-  future.  In  their  case  all  the 
ecclesiastical  arrangements  had  to  be  organized  ; 
in  our  case  we  find  these  arrangements  all  ready 
to  our  hand,  and  with  the  seal  of  a  happy  expe 
rience  stamped  upon  them.  In  their  case  every 
prejudice  of  the  land  was  strong  against  them  ; 
in  our  case  we  go  forward  with  the  leading  minds 
of  our  new  republic  cheering  us  on  by  their 
communion  with  us,  and  with  no  prejudications 
to  overcome  save  those  which  arise  from  a  lack 
of  acquaintance  with  our  doctrine  and  worship. 

In  their  case  they  were  indeed  few  and  sepa 
rated  far  frojn  one  another  in  their  work  upon  the 
walls  of  Zion.  In  our  case  we  are  comparatively 
well  compacted,  extending  in  an  unbroken  chain 
of  dioceses  from  the  Potomac  to  the  confines  of  the 
republic.  Despite  all  these  disadvantages,  u  the 
little  one  became  a  thousand  and  the  small  one  a 
strong  nation,"  and  shall  we  despond  ?  If  we  be 
watchful,  and  strengthen  the  things  that  remain, 
our  God  will  not  forsake  us,  but  will  "lengthen 
our  cords  and  stretch  forth  the  curtains  of  our 
habitations."  In  visible  token  of  this  fact,  we 
have  already,  since  our  organization,  added  to 
the  House  of  Bishops  the  lit.  Rev.  Dr.  WILLMER 
as  Bishop  of  Alabama,  and  received  into  commu 
nion  with  the  Church  the  Diocese  of  Arkansas. 

Another  source  of  encouragement  is,  that  there 
has  been  no  division  in  the  Church  in  the  confe 
derate  States.  Believing  with  a  wonderful  unan 
imity,  that  the  providence  of  God  had  guided  our 
footsteps,  and  for  his  own  inscrutable  purposes 
had  forced  us  into  a  separate  organization,  there 
has  been  nothing  to  embarrass  us  in  the  prelimi 
nary  movements  which  have  conducted  us  to  our 
present  position.  With  one  mind  and  with  one 
heart  we  have  entered  upon  this  blessed  work, 
and  we  stand  together  this  day  a  band  of  bro 
thers,  one  in  faith,  one  in  hope,  one  in  charity. 
There  may  be  among  us,  as  there  always  must 
be,  minute  differences  of  opinion  and  feeling,  but 
there  is  nothing  to  hinder  our  keeping  the  unity  of 
the  Spirit  in  the  bond  of  peace.  We  are  all  satis 
fied  that  we  are  walking  in  the  path  of  duty,  and 
that  the  light  of  God's  countenance  has  been 
wonderfully  lifted  up  upon  us.  He  has  comfort 
ed  us  in  our  darkest  hours,  and  has  not  permit 
ted  our  hearts  to  faint  in  the  day  of  adversity. 

These  striking  encouragements  vouchsafed  to 
us  from  the  Father  of  our  Lord  Jesus  Christ, 
should  fill  our  hearts  with  earnest  devotedness, 
and  should  lead  us  even  now  to  inquire  :  u  Lord, 
what  wilt  thou  have  us  do  ?  "  And  the  answer 
to  this  question  will  lead  us,  your  chief  pastors, 
to  specify  the  points  toward  which  our  efforts,  as 
a  Christian  Church,  should  be  especially  directed. 

Christ  has  founded  his  Church  upon  love  — 
for  God  is  love.  It  is  the  highest  of  all  Christian 
graces.  "And  now  abideth  faith,  hope,  charity, 
these  three,  but  the  greatest  of  these  is  charity." 
Charity!  not  merely  almsgiving,  which  is  only 
one  of  its  manifestations,  but  love  1  Christian 


DOCUMENTS. 


255 


love !  As  Christ  our  Lord  loved  the  world  so 
divinely  that  he  was  satisfied  to  suffer  all  things 
for  its  redemption,  so  does  he  command  us  to 
love  one  another,  and  to  be  ready  to  do  all  things 
for  each  other's  salvation. 

This  was  his  especial  commandment :  "A  new 
commandment  give  I  unto  you,  that  ye  love  one 
another."  And  this  is  truly  not  only  the  new 
commandment,  but  the  summary  of  all  the  com 
mandments.  The  whole  Gospel  is  redolent  with 
it,  with  a  broad,  comprehensive,  all-embracing 
love,  appointed,  like  Aaron's  rod,  to  swallow  up 
all  the  other  Christian  graces,  and  to  manifest 
the  spiritual  glory  of  God  in  Christ.  A  church 
without  love !  What  could  you  augur  of  a 
Church  of  God  without  faith,  or  a  Church  of 
Christ  without  hope  ?  But  love  is  a  higher  grace 
than  either  faith  or  hope,  and  its  absence  from  a 
church  is  just  the  absence  of  the  very  life-blood 
from  the  body. 

Our  first  duty,  therefore,  as  the  children  of 
God,  is  to  send  forth  from  this  Council  our 
greetings  of  love  to  the  churches  of  God  all  the 
world  over.  We  greet  them  in  Christ,  and  rejoice 
that  they  are  partakers  with  us  of  all  the  grace 
which  is  treasured  up  in  him.  We  lay  down 
to-day  before  the  altar  of  the  Crucified  all  our 
burdens  of  sin,  and  offer  our  prayers  for  the 
Church  militant  upon  earth.  Whatever  may  be 
their  aspect  toward  us  politically,  we  cannot  for 
get  that  the}r  rejoice  with  us  "  in  the  one  Lord, 
the  one  faith,  the  one  baptism,  the  one  God  and 
Father  of  all,"  and  we  wish  them  God  speed  in 
all  the  sacred  ministries  of  the  Church.  Nothing 
but  love  is  consonant  with  the  exhibition  of 
Christ's  love  which  is  manifested  in  his  Church, 
and  any  note  of  man's  bitterness,  except  against 
sin,  would  be  a  sound  of  discord  mingling  with 
the  sweetest  harmonies  of  earth  and  heaven.  We 
rejoice  in  this  golden  chord  which  binds  us  toge 
ther  in  Christ  our  Redeemer,  and,  like  the  ladder 
which  Jacob  saw  in  a  vision,  with  the  angels  of 
God  ascending  and  descending  upon  it,  may  it 
ever  be  the  channel  along  which  shall  flash  the 
Christian  greetings  of  the  children  of  God. 

But  while  we  send  forth  this  love  to  the  whole 
Church  militant  upon  earth,  let  us  not  forget  that 
special  love  is  due  by  us  toward  those  of  our  own 
household.  To  us  have  been  committed  the 
treasures  of  the  Church,  and  those  of  our  own 
kindred  and  lineage,  who  have  sprung  from  our 
loins  both  naturally  and  spiritually,  who  are  now 
united  with  us  in  a  sacred  conflict  for  the  dearest 
rights  of  man,  ask  us  for  the  bread  of  life.  They 
pray  us  for  that  which  we  are  commanded  to 
give,  the  Gospel  of  the  grace  of  God.  They  put 
in  no  claim  for  any  thing  worldly,  for  any  thing 
alien  from  the  mission  of  the  Church.  Their 
petition  is,  that  we  will  fulfil  the  very  purpose 
of  our  institution,  and  give  them  the  means  of 
grace.  Every  claim  which  man  can  have  upon 
his  fellow-man  they  have  upon  us,  and  having 
these  claims,  they  ask  only  for  the  Church. 

They  pray  us  not  to  let  them  perish  in  the 
wilderness  —  not  to  permit  them  to  be  cut  off 
from  the  sweet  communion  of  the  Church.  "  If,"  I 


says  the  Apostle,  speaking  of  Christian  professors, 
and  alluding  to  mere  earthly  things,  "  any  pro 
vide  not  for  his  own,  and  especially  for  them  of 
his  own  house,  he  hath  denied  the  faith,  and  is 
worse  than  an  infidel."  What  shall  we  say  of 
that  Church  which  shall  not  provide  for  its  own 
children  ?  How  can  it  hope  to  be  watered  itself 
with  gracious  rain  from  heaven,  when  it  hoards 
up  for  itself  the  river  of  life,  which  is  ordained 
to  flow  through  its  channels  of  grace  ? 

Many  of  the  States  of  this  Confederacy  arc 
missionary  ground.  The  population  is  sparse 
and  scattered ;  the  children  of  the  Church  are 
few  and  far  between ;  the  priests  of  the  Lord  can 
reach  them  only  after  great  labor  and  privation. 
Hitherto  has  their  scanty  subsistence  been  eked 
out  from  the  common  treasury  of  our  united 
Church.  Cut  off  from  that  resource  by  our  poli 
tical  action,  in  which  they  have  heartily  acquiesc 
ed,  they  turn  to  us  and  pray  us  to  do  at  least  as 
much  for  them  as  we  have  been  accustomed  to 
do  for  the  Church  from  which  they  have  been 
separated  by  a  civil  necessity.  We  can  do  what 
they  ask,  and  we  ought  cheerfully  to  do  it.  Un 
less  we  take  care  that  the  Gospel  is  sent  to  these 
isolated  children  of  the  Church,  who  will  heed 
their  cry  ?  They  have  no  Church  to  cry  to,  but 
the  Church  which  we  now  represent ;  they  cast 
themselves  upon  us  in  full  faith  that  we  will  do 
our  whole  duty  toward  them.  They  are  one  with 
us  in  faith,  in  care,  in  suffering ;  they  are  bearing 
like  evils  with  those  which  disturb  us,  and  they 
have  no  worship  to  cheer  and  support  them,  no 
Gospel  to  preach  to  them  patience  and  long-suf 
fering.  For  Christ's  sake  they  pray  that  they 
may  be  given  at  least  a  mother's  bosom  to  die 
upon. 

Voices  of  supplication  come  to  us  also  from  the 
distant  shores  of  Africa  and  the  East,  but  only 
their  echo  reaches  us  from  the  throne  of  grace. 
The  policy  of  man  has  shut  out  those  utterances 
from  us.  How  can  it  help  their  cause  to  separate 
the  children  of  God  from  one  another  ?  He  only 
knows,  but  we  can  hear  them  when  we  kneel  in 
prayer,  and  commune  with  their  spirits  through 
the  spirit  of  Christ.  But  God  is  perchance  in 
tending,  through  these  inscrutable  measures,  to 
shut  us  up  to  that  great  work  which  he  has  plac 
ed  at  our  very  doors,  and  which  is,  next  to  her 
own  expansion,  the  Church's  greatest  work  in 
these  confederate  States.  The  religious  instruc 
tion  of  the  negroes  has  been  thrust  upon  us  in 
such  a  wonderful  manner  that  we  must  be  blind 
not  to  perceive  that  not  only  our  spiritual  but 
our  national  life  is  wrapped  up  in  their  welfare. 
With  them  we  stand  or  fall,  and  God  will  not 
permit  us  to  be  separated  in  interest  or  in  for 
tune. 

The  time  has  come  when  the  Church  should 
press  more  urgently  than  she  has  hitherto  done 
upon  her  laity  the  solemn  fact  that  the  slaves  of 
the  South  are  not  merely  so  much  property,  but 
are  a  sacred  trust  committed  to  us  as  a  people,  to 
be  prepared  for  the  work  which  God  may  have 
for  them  to  do  in  the  future.  While  under  this 
tutelage,  he  freely  gives  to  us  their  labor,  but 


256 


REBELLION  RECORD,  1862. 


expects  us  to  give  back  to  them  that  religious 
and  moral  instruction  which  is  to  elevate  them 
in  the  scale  of  being.  And  while  inculcating 
this  truth,  the  Church  must  offer  more  fully  her 
ministrations  for  their  benefit  and  improvement. 
Her  laity  must  set  the  example  of  readiness  to 
fulfil  their  duty  towards  these  people,  and  her 
clergy  must  strip  themselves  of  pride  and  fastid 
iousness  and  indolence,  and  rush  with  the  zeal 
of  martyrs  to  this  labor  of  love. 

The  teachings  of  the  Church  are  those  which 
best  suit  a  people  passing  from  ignorance  to  civil 
ization,  because  while  it  represses  all  fanaticism, 
it  fastens  upon  the  memory  the  great  facts  of  our 
religion,  and  through  its  objective  worship  attracts 
and  enchains  them.  So  far  from  relaxing,  in  their 
case,  the  forms  of  the  Church,  good  will  be  per 
manently  done  to  them  just  in  proportion  as  we 
teach  them  through  their  senses  and  their  affec 
tions.  If  subjected  to  the  teachings  of  a  bald 
spiritualism,  they  will  find  food  for  their  senses 
and  their  child-like  fancies  in  superstitious  ob 
servances  of  their  own,  leading  too  often  to  crime 
and  licentiousness. 

It  is  likewise  the  duty  of  the  Church  to  press 
upon  the  masters  of  the  country  their  obligations 
as  Christian  men,  so  to  arrange  this  institution 
as  not  to  necessitate  the  violation  of  those  sacred 
relations  which  God  has  created,  and  which  man 
cannot,  consistently  with  Christian  duty,  annul. 
The  systems  of  labor  which  prevail  in  Europe, 
and  which  are  in  many  respects  more  severe  than 
ours,  are  so  arranged  as  to  prevent  all  necessity 
for  the  separation  of  parents  and  children  and  of 
husbands  and  wives  ;  and  a  very  little  care  on 
our  part  would  rid  the  system  upon  which  we  are 
to  plant  our  national  life  of  these  unchristian  fea 
tures.  It  belongs  especially  to  the  Episcopal 
Church  to  urge  a  proper  teaching  upon  this  sub 
ject,  for  in  her  fold  and  in  her  congregation  are 
found  a  very  large  proportion  of  the  slaveholders 
of  the  country.  We  rejoice  to  be  enabled  to  say 
that  the  public  sentiment  is  rapidly  becoming 
sound  upon  this  subject,  and  that  the  Legislatures 
of  several  of  the  confederate  States  have  already 
taken  steps  towards  this  consummation.  Hitherto 
have  we  been  hindered  by  the  pressure  of  abo 
litionism.  Now  that  we  have  thrown  off  from  us 
that  hateful  and  infidel  pestilence,  we  should 
prove  to  the  world  that  we  are  faithful  to  our 
trust,  and  the  Church  should  lead  the  hosts  of 
the  Lord  in  this  work  of  justice  and  of  mercy. 

Another  duty  which,  for  the  present,  devolves 
upon  the  Church,  is  an  oversight  of  the  children 
of  God,  as  they  lie  without  religion  and  without 
Christian  care  in  the  camps  and  hospitals  of  our 
government.  Far  be  it  from  us  to  say  that  there 
has  been  no  Christian  supervision  of  our  soldiers, 
and  we  cheerfully  concede  all  praise  and  thanks 
to  those  who  have  done  their  duty  through  dan 
ger  and  privation  ;  but  we  must  affirm  that  there 
is  still  a  great  lack  of  service  on  the  Church's 
part  in  this  connection.  From  whatever  cause  it 
has  arisen,  whether  from  the  scarcity  of  clergy 
men  or  from  unwillingness  to  bear  the  hardships 
of  the  soldier's  life,  we  are  obliged  to  acknow 


ledge  that  we  have  been  unable  to  find  men  who 
were  willing  to  answer  this  call,  and  to  take  their 
places,  not  as  soldiers  fighting  for  their  country, 
but  as  soldiers  fighting  for  the  victory  of  Christ 
over  sin  and  death.  In  the  opinion  of  the  House 
of  Bishops,  no  position  is  more  suited  at  this  mo 
ment  to  the  true  spirit  of  Christ  and  his  Church 
than  that  of  a  faithful  minister  of  the  grace  of 
God  and  of  the  sacraments  of  the  Church  to  the 
soldiers  in  the  field  or  in  the  hospital  ;  and  we 
would  urge  it  upon  those  ministers  who  have  been 
exiled  from  their  parishes  to  enter  upon  this  work 
as  their  present  duty,  trusting  for  support  to 
Him  who  has  said  :  "I  will  never  leave  tliee  nor 
forsake  thee." 

The  most  striking  deficiency  in  the  Church's 
work  which  we  perceive  in  looking  at  the  Church's 
life,  is  a  lack  of  zeal  in  spreading  the  influences 
of  the  Church  through  her  services  and  sacra 
ments.  Our  ministry  has  become  too  local  and 
sedentary,  too  well  satisfied  to  sit  down  and  do 
the  work  which  it  has  undertaken  to  do,  and 
overlooking  the  fields  white  for  the  harvest  which 
are  spread  out  all  around  them,  and  which  cannot 
be  cultivated  save  through  their  agency.  Every 
well-established  congregation  should  consider  it 
self  as  a  centre  of  missionary  work,  and  should 
encourage  its  pastor  to  extend  his  usefulness  be 
yond  its  own  limits,  and  while  he  is  a  priest  to 
them,  to  be  in  some  measure  a  missionary  to  all 
about  him.  As  long  as  the  selfish  idea  is  in 
dulged,  that  a  minister  is  tied  down  to  a  local 
congregation,  and  has  no  business  to  work  around 
him,  the  Church  must  languish  or  increase  but 
slowly.  Missionaries  cannot  be  furnished  for 
every  village  and  neighborhood,  and  they  must 
remain  uncared  for  by  the  Church,  unless  the 
settled  clergy  will  make  up  their  minds  to  extend 
the  sphere  of  their  operations  beyond  the  narrow 
limits  of  their  own  immediate  cures. 

Another  deficiency  which  requires  amendment 
is  Jhe  little  spiritual  intercourse  which  takes 
place  among  the  clergy  in  their  work  for  tho 
Church.  Each  man  works  in  his  sphere,  but  for 
the  most  part  he  gives  nothing  to  his  brother 
clergyman,  and  receives  nothing  from  him  in  re 
turn.  AVhen  our  Lord  sent  forth  his  Apostles, 
he  sent  them  two  by  two,  for  the  evident  purpose 
that  they  should  support,  strengthen,  and  com 
fort  each  other.  The  spirit  of  this  action  is  very 
much  overlooked  in  the  Church,  and  the  clergy 
are  weakened  by  it.  While  the  House  of  Bishops 
would  not  specify  any  mode  by  which  this  defect 
should  be  remedied,  it  would  recommend  to  the 
clergy  a  more  free,  spiritual  intercourse,  a  more 
frequent  interchange  of  clerical  services,  greater 
communion  in  prayer  and  in  counsel.  Many  a 
despondent  heart  would  thus  be  cheered,  and 
many  a  weak  brother  would  be  comforted  and 
strengthened. 

Another  deficiency  which  requires  amendment 
is  the  little  spiritual  help  which  is  given  to  the 
clergy  by  the  laity.  We  have  no  reference  now 
to  the  temporal  support  of  the  clergy,  although 
we  might  well  dwell  upon  that,  but  to  the  spiritual 
help  which  a  Christian  laity  might  give  to  the 


DOCUMENTS. 


257 


clergy.  In  reading  the  Acts  of  the  Apostles  we 
find  many  illustrations  of  this  truth,  and  we  per 
ceive  how  the  greatest  of  the  Apostles  was  not 
above  the  help  of  his  yoke-fellows  in  the  Gospel. 
There  are  many  ways  in  which  spiritual  and 
earnest  laymen  can  help  their  clergy  in  the  work 
of  the  Church,  and  under  their  guidance  and  di 
rection  can  become  valuable  missionaries  of 
Christ,  even  while  unordained.  It  requires  sac 
rifice  and  self-denial,  but  we  must  all  remember 
that  we  are  not  our  own  but  are  bought  with  a 
price,  and  belong  to  Christ  —  body,  soul,  and 
spirit. 

But  over  and  above  all  these  special  deficien 
cies  looms  up  that  greatest  of  all  deficiencies,  the 
lack  of  the  Holy  Spirit  in  and  with  our  churches. 
Because  of  the  degree  to  which  spiritual  influ 
ences  have  been  abused  in  our  land,  we  have 
been  tempted  to  run  into  the  other  extreme,  and 
to  forget  that  we  are  living  under  what  the  Apos 
tle  calls  the  dispensation  of  the  Spirit,  and  that 
the  Church's  work  must  derive  all  its  power  from 
his  presence.  Our  danger  is  to  merge  the  Holy 
Ghost  into  the  means  of  grace,  and  overlook  the 
important  fact  that  he  is  a  personal  agent,  acting 
indeed  through  those  means,  but  not  necessarily 
tied  to  them.  Our  Saviour  said  :  "  The  wind 
bloweth  where  it  listeth,  and  thou  nearest  the 
sound  thereof,  but  canst  not  tell  whence  it  com- 
eth  or  whither  it  goeth  ;  so  is  every  one  that  is 
born  of  the  Spirit."  And  as  with  the  individual, 
so  with  the  Church. 

The  Holy  Spirit  will  be  in  the  Church,  if  his 
presence  is  kept  there  by  an  acknowledgment  of 
his  power,  by  a  sense  of  his  necessity,  by  a  con 
stant  prayer  for  his  presence ;  but  the  addresses 
to  the  Church  in  Asia  Minor  instruct  us  to  be 
watchful  over  ourselves,  and  to  hold  fast  by  him 
who  is  the  representative  of  Christ  upon  earth, 
while  he  is  interceding  and  advocating  for  us  in 
heaven.  Let  the  Church  and  her  ministers  al 
ways  bear  in  mind  that  the  growth  of  the  Church 
and  the  vitality  of  the  Church  are  "  not  by  might, 
nor  by  power,  but  by  my  Spirit,"  saith  the  Lord. 

And  now  it  only  remains  for  us  to  bid  you,  one 
and  all,  an  affectionate  farewell.  We  cannot  but 
remember  that  when  we  last  separated  from  you 
there  stood  among  us  two  venerated  brethren, 
dearly  beloved  in  the  Lord,  who  have  since  en 
tered  into  their  rest.  When  we  parted  we  knew 
it  must  be  so,  but  we  could  not  foresee  where  the 
hand  of  death  would  fall.  And,  now,  again  we 
know,  that  separating  once  more  for  the  like 
space  of  time  we  shall  not  all  meet  again.  Whose 
shall  be  the  summons  ?  Well  for  us  that  the 
curtain  of  God's  providence  hides  this  knowledge 
from  us,  teaching  us  the  lesson  of  Christian  truth, 
that  we  must  all  watch  and  be  sober,  because  we 
know  neither  the  day  nor  the  hour  when  the 
Son  of  Man  corneth.  May  God's  gracious  provi 
dence  guide  you  in  safety  to  your  homes,  and 
preserve  them  from  the  desolations  of  war.  And 
should  we  not  be  permitted  to  battle  together 
any  more  for  Christ  in  the  Church  militant,  may 
we  be  deemed  worthy  to  be  members  of  the 
Church  triumphant,  where  with  prophets,  apos 


tles,  martyrs,  saints,  and  angels  we  may  ascribe 
honor  and  glory,  dominion  and  praise,  to  Him 
that  sitteth  upon  the  throne,  and  to  the  Lamb, 
forever  ! 


Doc.  44. 
THE  BATTLE  OF  PITTSBURGH  LANDING. 

GENERAL  PRENTISS'S  REPORT. 

QCINCY,  ILL.,  Nov.  17, 1862. 

Col.  J.   0.  Kelton,  Assistant  Adjutant- General, 

U.S.A.,  Washington,  D.  G. 

COLONEL  :  Upon  my  return  from  captivity  in 
the  hands  of  the  public  enemy,  I  have  the  honor 
to  submit  my  report  of  the  part  taken  in  the 
battle  of  the  sixth  April  last,  near  Pittsburgh 
Landing,  by  the  Sixth  division,  Army  of  West- 
Tennessee,  the  command  of  which  had  been  as 
signed  to  me. 

I  have  the  honor  to  transmit  a  full  return  of 
the  force  which  was  subjected  to  my  control,  as 
it  appeared  upon  the  morning  of  the  engagement 
—  the  same  being  marked  "A." 

Saturday  evening,  pursuant  to  instructions  re 
ceived  when  I  was  assigned  to  duty  with  the 
army  of  West -Tennessee,  the  usual  advanced 
guard  was  posted,  and  in  view  of  information  re 
ceived  from  the  commandant  thereof,  I  sent  for 
ward  five  companies  of  the  Twenty-fifth  Missouri 
and  five  companies  of  the  Twenty-first  Missouri 
infantry,  under  command  of  Col.  David  Moore, 
of  the  Twenty-first  Missouri.  I  also,  after  con 
sultation  with  Colonel  David  Stuart,  commanding 
a  brigade  of  Gen.  Sherman's  division,  sent  to  the 
left  one  company  of  the  Eighteenth  Wisconsin 
infantry,  under  command  of  Captain  Fiske.  At 
about  seven  o'clock  the  same  evening  Col.  Moore 
returned,  reporting  some  activity  to  the  front — 
an  evident  reconnoissance  by  cavalry. 

This  information  received,  I  proceeded  to 
strengthen  the  guard  stationed  on  the  Corinth 
road,  extending  the  picket-lines  to  the  front  a 
distance  of  a  mile  and  a  half,  at  the  same  time 
extending  and  doubling  the  lines  of  the  grand 
guard. 

At  three  o'clock  on  the  morning  of  Tuesday, 
sixth  April,  Col.  David  Moore,  (Twenty-first  Mis 
souri,)  with  five  companies  of  his  infantry  regi 
ment,  proceeded  to  the  front,  and  at  break  of  day 
the  advance  pickets  were  driven  in,  whereupon 
Col.  Moore  pushed  forward  and  engaged  the  ene 
my's  advance,  commanded  by  Gen.  Hardee.  At 
this  stage  a  messenger  was  sent  to  my  headquar 
ters,  calling  for  the  balance  of  the  Twenty-first 
Missouri,  which  was  promptly  sent  forward. 

This  information  received,  I  at  once  ordered  the 
entire  force  into  line,  and  the  remaining  regiments 
of  the  First  brigade,  commanded  by  Col.  Everett 
Peabody,  consisting  of  the  Twenty-fifth  Missouri, 
Sixteenth  Wisconsin,  and  Twelfth  Michigan  in 
fantry,  were  advanced  well  to  the  front.  I  forth 
with,  at  this  juncture,  communicated  the  fact  of 
the  attack  in  force,  to  Major-General  Smith  and 
Brig. -Gen.  S.  A.  Hurlbut. 

Shortly  before  six  o'clock,  Col.  David  Moora 


258 


REBELLION  RECORD,  1862. 


having  been  severely  wounded,  his  regiment  com 
menced  falling  back,  reaching  our  front  line  at 
about  six  o'clock,  the  enemy  being  close  upon 
his  rear.  Hereupon  the  entire  force,  excepting 
only  the  Sixteenth  Iowa,  which  had  been  sent  to 
the  field  the  day  previous  without  ammunition, 
and  the  cavalry  which  was  held  in  readiness  to 
the  rear,  was  advanced  to  the  extreme  front  and 
thrown  out  alternately  to  the  right  and  left. 
Shortly  after  six  o'clock,  the  entire  line  was  un 
der  fire,  receiving  the  assault  made  by  the  entire 
force  of  the  enemy  advancing  in  three  columns, 
simultaneously,  upon  our  left,  centre  and  right. 

This  position  was  held  until  the  enemy  had 
passed  our  right  flank,  this  movement  being 
effected  by  the  reason  of  the  falling  back  of  some 
regiment  to  our  right  not  belonging  to  the  divi- 
gion.  Perceiving  the  enemy  was  flanking  me,  I 
ordered  the  division  to  retire  in  line  of  battle  to 
the  color-line  of  our  encampment ;  at  the  same 
time  communicating  to  Generals  Smith  and  Hurl- 
but  the  fact  of  the  falling  back  and  asking  for  re- 
enforcements. 

Being  again  assailed,  in  position  described,  by 
an  overwhelming  force,  and  not  being  able  longer 
to  hold  the  ground  against  the  enemy,  I  ordered 
the  division  to  fall  back  to  the  line  occupied  by 
Gen.  Hurlbut,  and  at  five  minutes  past  nine  A.M., 
re-formed  to  the  right  of  Gen.  Hurlbut  and  to  the 
left  of  Brig. -Gen.  W.  H.  L.  Wallace,  who  I  found 
in  command  of  the  division  assigned  to  Major- 
General  Smith. 

At  this  point  the  Twenty-third  Missouri  in 
fantry,  commanded  by  Col.  Tindall,  which  had 
just  disembarked  from  a  transport  and  had  been 
ordered  to  report  to  me  as  a  part  of  the  Sixth 
division,  joined  me.  This  regiment  1  immediate 
ly  assigned  to  position  on  the  left,  and  my  batte 
ry  (Fifth  Ohio)  was  posted  on  the  right  on  the 
road. 

At  about  ten  o'clock  my  line  was  again  as 
sailed,  and  finding  my  command  greatly  reduced 
by  reason  of  casualties  and  because  of  the  falling 
back  of  many  of  the  men  to  the  river,  they  being 
panic-stricken,  a  majority  of  them  having  now 
for  the  first  time  been  exposed  to  fire,  I  com 
municated  with  General  W.  H.  L.  Wallace,  who 
sent  to  my  assistance  the  Eighth  Iowa  infantry, 
commanded  by  Col.  J.  L.  Geddes. 

After  having  once  driven  the  enemy  back  from 
this  position,  Major-Gen.  U.  S.  Grant  appeared 
upon  the  field.  I  exhibited  to  him  the  disposi 
tion  of  my  entire  force,  which  disposition  received 
his  commendation,  and  I  received  my  final  or 
ders,  which  were  to  maintain  that  position  at  all 
hazards.  This  position  I  did  maintain  until  four 
o'clock  P.M.,  when  General  Hurlbut,  being  over 
powered,  was  forced  to  retire.  I  was  then  com 
pelled  to  change  front  with  the  Twenty-third 
and  Twenty-first  Missouri,  Eighteenth  Wisconsin, 
Eighteenth  Missouri  and  part  of  the  Twelfth  Michi 
gan,  occupying  a  portion  of  the  ground  vacated 
by  Gen.  Hurlbut. 

I  was  in  constant  communication  with  Generals 
Hurlbut  and  Wallace  during  the  day,  and  both 
of  them  were  aware  of  the  importance  of  holding 


our  position  until  night.  When  the  gallant  Hurl, 
but  was  forced  to  retire,  Gen.  Wallace  and  my 
self  consulted  and  agreed  to  hold  our  positions 
at  all  hazards,  believing  that  we  would  thus  save 
the  army  from  destruction,  we  having  been  now 
informed  for  the  first  time  that  all  others  had 
fallen  back  to  the  vicinity  of  the  river.  A  few 
minutes  after  this,  Gen.  Wallace,  his  division,  ex 
cepting  the  Eighth  Iowa,  Colonel  Geddes,  acting 
with  me  and  the  Fourteenth  Iowa,  Colonel  Shaw, 
Twelfth  Iowa,  Colonel  Wood,  and  the  Fifty-eighth 
Illinois,  Colonel  Lynch,  retired  from  the  field. 

Perceiving  that  I  was  about  to  be  surrounded, 
i  and  having  despatched  my  aid,  Lieutenant  Edwin 
I  Moore,  for  reinforcements,  I  determined  to  assail 
!  the  enemy,  which  had  passed  between  me  and 
I  the  river,  charging  upon  him  with  my  entire  force. 
I  found  him  advancing  in  mass,  completely  en 
circling  my  command,  and  nothing  was  left  but 
to  harass  him  and  retard  his  progress  so  long  as 
might  be  possible.     This  I  did  until  half-past  five 
P.M.,  when  finding  that  further  resistance  must 
result  in  the  slaughter  of  every  man  in  the  com 
mand,  I  had  to  yield  the  fight.     The  enemy  suc 
ceeded  in  capturing  myself  and    two  thousand 
two  hundred  rank  and  file,  many  of  them  being 
wounded. 

Colonel  Madison  Miller,  Eighteenth  Missouri 
infantry,  was  during  the  day  in  command  of  a 
!  brigade,  and  was  among  those  taken  prisoners. 
He  acted  during  the  day  with  distinguished  cour 
age,  coolness  and  ability.  Upon  Colonel  J.  L. 
Gedd<ts,  Eighth  Iowa,  the  same  praise  can  be 
justly  bestowed.  He  and  his  regiment  stood  un 
flinchingly  up  to  the  work  the  entire  portion  of 
the  day,  during  which  he  acted  under  my  orders. 
Colonel  J.  S.  Alban  and  his  Lieut. -Colonel  Bcall, 
of  the  Eighteenth  Wisconsin,  were,  until  they  were 
wounded,  ever  to  the  front  encouraging  their  com 
mand.  Col.  Jacob  Fry,  of  the  Sixty-first  Illinois, 
with  an  undrilled  regiment,  fresh  in  the  service, 
kept  his  men  well  forward  under  every  assault 
until  the  third  line  was  formed,  when  he  becamo 
detached  and  fought  under  Gen.  Hurlbut.  Col. 
Shaw,  of  the  Fourteenth  Iowa,  behaved  with 
great  coolness,  disposed  his  command  very  sharp 
ly  at  every  command,  and  maintained  his  front 
unbroken  through  several  fierce  attacks.  Colonel 
Tindall,  Lieut. -Colonel  Morton  and  Major  McCul- 
lough,  of  the  Twenty-third  Missouri  infantry,  are 
entitled  to  a  high  meed  of  praise. 

It  is  difficult  to  discriminate  among  so  many 
gallant  men  as  surrounded  me  when  we  were 
forced  to  yield  to  the  overpowering  strength  of 
the  enemy.  Their  bravery  under  the  hottest  fire 
is  testified  to  by  the  devotion  with  which  they 
stood  forward  against  fearful  odds  to  contend  for 
the  cause  they  were  engaged  in.  To  the  officers 
and  men  who  thus  held  to  the  last  their  undaunt 
ed  front,  too  much  praise  cannot  be  given. 

Captain  McMichael,  A.  A.  G.,  joined  me  when 
General  Wallace  fell.  Much  praise  is  due  to  him, 
for  services  rendered  upon  the  field. 

Colonel  David  Moore,  of  Twenty-first  Missouri 
infantry,  is  entitled  to  special  mention.  Captain 
A.  Hickenlooper,  of  Fifth  Ohio  battery,  by  his 


DOCUMENTS. 


259 


gallant  conduct  commended  himself  to  general 
praise. 

My  staff  consisted  of  but  three  officers.  Brigade- 
Surgeon  S.  W.  Everett  was  killed  early  in  the 
engagement,  gallantly  cheering  the  Eighteenth 
Missouri  regiment  to  the  contest.  Lieut.  Edwin 
Moore,  aid-de-carnp,  during  the  entire  battle  was 
by  my  side,  unless  when  detached  upon  the  dan 
gerous  service  of  his  office.  Captain  Henry  Bin- 
more,,  A.  A.  G.,  was  with  me  performing  his  duty 
to  my  great  satisfaction,  until,  being  thoroughly 
exhausted,  I  compelled  him  to  leave  the  field. 

I  have  the  honor  to  be,  Colonel,  very  respect 
fully,  Your  obedient  servant, 

B.  M.  PRENTISS, 

Brigadier-General  U.S.A. 
COLONEL    GEDDES'S    REPORT. 

VINTON,  BENTON  COUNTY,  IOWA,  J 
November  13,  1862.      ( 

To  His  Excellency,  8.  J.  Kirlcwood,  Governor  of 

Iowa : 

SIR  :  In  compliance  with  your  request,  I  have 
the  honor  to  submit  for  your  information,  a  re 
port  of  the  part  taken  by  the  Eighth  Iowa  infant 
ry  at  the  battle  of  Shiloh,  fought  on  the  sixth  of 
April,  1862. 

About  eight  o'clock  on  the  morning  of  the 
sixth,  I  ordered  the  regiment  under  arms,  and 
formed  line  of  battle  in  front  of  my  encampment, 
awaiting  orders  to  proceed  to  the  front.  At  this 
time  the  firing  on  our  advanced  line  had  become 
general,  and  it  appeared  to  me  evident  that  we 
were  being  attacked  in  force  by  the  rebel  gen 
eral. 

After  remaining  under  arms  about  half  an 
hour,  during  which  time  I  had  ordered  the  bag 
gage  belonging  to  the  regiment  to  be  loaded  on 
the  wagons,  and  an  extra  supply  of  ammunition 
to  be  issued  to  the  men,  I  was  ordered  by  Col. 
Sweeny,  Fifty-second  Illinois,  Brigade  Command 
er,  to  proceed  to  the  front. 

On  arriving  at  our  advanced  line,  I  was  or 
dered  by  Col.  Sweeny  to  take  my  position  on  the 
left  of  the  brigade  to  which  I  was  attached,  for 
the  purpose  of  protecting  a  battery  immediately 
in  front.  Here  the  regiment  remained  about  one 
hour,  exposed  to  a  severe  fire  from  artillery  of 
shell  and  grape,  killing  and  wounding  several  of 
my  men. 

About  eleven  o'clock  A.M.  I  was  ordered  by 
Col.  Sweeny,  through  his  aid,  Lieut.  McCullough, 
Eighth  Iowa,  to  leave  my  position  and  take 
ground  to  my  left  and  front.  This  change  of  po 
sition  brought  my  regiment  on  the  extreme  right 
of  Gen.  Prentiss's  division,  and  left  of  General 
Smith's,  the  latter  being  the  division  to  which 
my  regiment  belonged.  I  was  thus  entirely  de 
tached  from  rny  brigade,  nor  did  I  receive  any 
order  from  my  brigade  or  division  commander 
during  the  remainder  of  that  day. 

On  arriving  at  the  point  I  was  ordered  to  de 
fend,  I  formed  my  regiment  in  line  of  battle,  with 
my  centre,  resting  on  a  road  leading  from  Corinth 
to  Pittsburgh  Landing,  and  at  right  angles  with 
my  line.  Here  I  immediately  engaged  a  bat 
talion  of  the  enemy,  and  after  a  severe  conflict 


of  nearly  an  hour's  duration,  in  which  I  lost 
many  of  my  men,  the  enemy  were  driven  back 
with  heavy  loss.  At  this  time  Captain  Hogan, 
company  F,  was  shot  dead,  and  Capt.  F.  Palmer, 
company  H,  severely  wounded. 

About  one  o'clock  P.M.  Gen.  Prentiss  placed  a 
battery  in  position,  immediately  in  front  of  my 
regiment,  with  instructions  to  defend  it  to  the 
last.  The  precision  of  its  fire,  which  was  direct 
ed  by  the  General  in  person,  made  great  havoc  in 
the  advancing  columns  of  the  enemy.  It  there 
fore  became  an  object  of  great  importance  to  them 
to  gain  possession  of  the  battery.  To  this  end 
they  concentrated  and  hurled  column  after  col 
umn  on  my  position,  charging  most  gallantly  to 
the  very  muzzles  of  the  guns.  Here  a  struggle 
commenced  for  the  retention  and  possession  of 
the  battery,  of  a  terrific  character,  their  concen 
trated  and  well-directed  fire  decimating  my  ranks 
in  a  fearful  manner.  In  this  desperate  struggle 
my  regiment  lost  one  hundred  men  in  killed  and 
wounded. 

The  conspicuous  gallantry  and  coolness  of  my 
compan}^  commanders,  Capts.  Cleaveland,  Stubbs 
and  Benson  on  the  left ;  Capts.  McCormack  and 
Bell  in  the  centre ;  Capts.  Kelsey,  Geddes  and 
Lieut.  Muhs  on  the  right,  by  reserving  the  fire 
of  their  respective  companies  until  the  proper 
time  for  its  delivery  with  effect,  and  the  deter 
mined  courage  of  my  men,  saved  the  battery 
from  capture,  and  I  had  the  satisfaction  of  send 
ing  the  guns  in  safety  to  the  rear.  In  this  at 
tack  I  was  wounded  in  the  leg,  Major  Andrews 
severely  in  the  head ;  and  I  here  take  pleasure 
in  acknowledging  the  courage  and  coolness  dis 
played  by  my  field-officers  Lieut.  Col.  J.  C.  Fer 
guson  and  Major  J.  Andrews,  and  the  able  as 
sistance  rendered  by  them  on  that  occasion.  • 

About  three  P.M.  all  direct  communication  with 
the  river  ceased,  and  it  became  evident  to  me 
that  the  enemy  were  driving  the  right  and  left 
flanks  of  our  army,  and  were  rapidly  closing  be 
hind  us.  At  this  time  I  could  have  retreated, 
and  most  probably  would  have  saved  my  com 
mand  from  being  captured,  had  I  been  ordered 
back  at  this  time.  But  I  received  no  such  order, 
and  I  considered  it  my  duty  to  hold  the  position 
I  was  assigned  to  defend  at  all  hazards. 

Gen.  Prentiss's  division  having  been  thrown 
back  from  the  original  line,  I  changed  front  by 
my  left  flank,  conforming  to  his  movements,  and 
at  right  angles  with  my  former  base,  which  was 
immediately  occupied  and  retained  for  some  time 
by  the  Fourteenth  Iowa,  Col.  Shaw.  In  this  po 
sition  I  ordered  my  regiment  to  charge  a  battalion 
of  the  enemy,  I  think  the  Fourth  Mississippi, 
which  was  done  in  good  order,  completely  rout 
ing  the  enemy. 

We  were  now  attacked  on  three  sides  by  the 
rebel  force,  which  was  closing  fast  around  us. 
The  shells  from  our  own  gunboats  in  their  transit 
severing  the  limbs  of  trees,  hurled  them  on  my 
ranks.  It  now  became  absolutely  necessary,  to 
prevent  annihilation,  to  leave  a  position  which 
my  regiment  had  held  for  nearly  ten  consecutive 
hours  of  severe  fighting,  successfully  resisting 


260 


REBELLION   RECORD,  1862. 


and  driving  back  the  enemy  in  every  attempt  to 
take  the  position  I  was  ordered  to  hold  and  de 
fend,  with  a  loss  of  nearly  two  hundred  in  killed 
and  wounded.  I  ordered  my  right  to  retire.  On 
retiring  about  five  hundred  yards,  I  found  a  di 
vision  of  the  rebels,  under  Gen.  Polk,  thrown 
completely  across  my  line  of  retreat.  I  perceived 
that  further  resistance  was  useless,  as  we  were 
now  completely  surrounded.  Myself  and  the 
major  portion  of  rny  command  were  captured  at 
six  o'clock  P.M.  of  that  day,  and  I  claim  the  honor 
for  my  regiment  of  being  the  last  to  leave  the  ad 
vanced  line  of  our  army  on  the  battle-field  of  Shi- 
loh,  on  Sunday,  sixth  of  April,  18G2.  I  cannot 
conclude  this  report  without  bearing  testimony 
to  the  gentlemanly  conduct  and  dignified  bearing 
of  my  officers  and  men  during  their  captivity. 
Our  captors  had  felt  the  effects  and  well  knew 
the  courage  of  my  regiment  in  the  field,  but  had 
yet  to  learn  they  could  conduct  themselves  as 
well  under  other  and  very  trying  circumstances. 

Not  having  received  any  reliable  information 
as  to  the  true  amount  of  casualties  at  the  battle 
and  during  our  imprisonment,  I  shall  forward  an 
official  list,  as  soon  as  practicable,  of  killed  and 
wounded,  and  of  such  as  died  in  Southern  prisons 
through  privation  and  neglect. 

I  am,  sir,  very  respectfully,  your  ob't  servant, 

J.  L.  GEDDES, 

Colonel  Eighth  Iowa  Infantry. 

COLONEL  W.  S.  SMITH'S  REPORT. 

SHILOH  FIELDS,  TENNESSEE,  April  11. 

Captain  Lyne  Starling,  A.A.  Gr. 

SIR  :  I  beg  leave  to  submit  the  following  report 
of  the  part  taken  by  the  Fourteenth  brigade,  in 
the  engagement  of  Monday,  the  seventh  instant, 
at  this  place. 

The  brigade,  after  having  bivouacked  during 
the  night  of  the  sixth  instant,  on  the  hill  near  the 
Pittsburgh  Landing,  was  put  in  motion  at  six 
o'clock  A.M.,  on  the  seventh,  and  marched  to  the 
front,  and  placed  in  position  in  prolongation  of 
the  line  of  General  Nelson's  division,  then  hotly 
engaged.  The  Fourteenth  regiment  Wisconsin 
volunteers,  temporarily  attached  to  my  brigade, 
was  drawn  up  in  line  of  battle  on  the  right,  the 
Thirteenth  Ohio  on  the  left,  and  the  Twenty-sixth 
Kentucky  in  the  centre.  The  Eleventh  Ken 
tucky  was  held  in  reserve,  and  placed  two  hun 
dred  yards  in  rear  of  the  centre  of  our  line  of 
battle,  in  a  position  covered  by  the  crest  of  a  hill, 
along  which  our  line  of  battle  extended.  Two 
companies  of  skirmishers,  one  from  the  Eleventh 
Kentucky  and  one  from  the  Twenty-sixth  Ken 
tucky,  were  then  deployed  to  the  front.  The 
skirmishers  on  our  right  soon  engaged  those  of 
the  enemy  in  an  open  field  in  front  of  the  right 
of  our  line.  The  enemy's  skirmishers  retired, 
and  all  was  quiet  in  front  of  our  line  for  nearly 
an  hour,  when  our  skirmishers  again  engaged 
those  of  the  enemy,  and  this  was  soon  followed 
by  a  furious  attack  upon  our  whole  front.  The 
right  recoiled,  while  the  centre  and  left  stood 
firm.  The  Twenty-sixth  Kentucky  was  then  sent 
forward  to  support  our  right,  and  a  heavy  cross 


fire  to  our  front  was  opened  from  Bartlett's  bat 
tery,  which  was  in  possession  of  our  right.  The 
enemy  soon  yielded,  when  a  running  fight  com 
menced,  which  extended  for  about  one  mile  to  our 
front,  when  we  captured  a  battery  and  shot  the 
horses  and  many  of  the  cannoniers.  Owing  to 
the  obstructed  nature  of  the  ground,  the  enthusi 
astic  courage  of  the  majority  of  our  men,  the  lag 
gard  discharge  of  duty  by  many,  and  the  dis 
graceful  cowardice  of  some,  our  line  had  been 
transformed  in  a  column  of  attack,  representing 
the  various  grades  of  courage,  from  reckless  dar 
ing  to  ignominious  fear.  At  the  head  of  this 
column  stood  a  few  heroic  men,  not  adequately  sup 
ported,  when  the  enemy  returned  to  the  attack, 
with  three  fresh  regiments,  in  good  order.  We 
were  driven  back  by  these  nearly  to  the  first  po 
sition  occupied  by  our  line,  where  we  again  ral 
lied,  and  moved  forward  once  more  toward  the 
battery.  Reaching  a  ravine  to  the  right  and  six 
hundred  paces  from  the  battery,  we  halted  and 
awaited  the  assistance  of  MendenhalPs  battery, 
which  was  brought  into  action  on  a  knoll  within 
half  a  mile  of  the  enemy's  battery,  which  it  im 
mediately  silenced.  We  then  advanced  and  cap 
tured  it  the  second  time,  and  succeeded  in  hold 
ing  it,  despite  the  efforts  of  the  enemy  to  repulse 
us.  One  of  the  guns  was  at  once  turned  upon 
the  enemy,  and  Mendenhall's  battery  was  ad 
vanced  to  nearly  the  same  position,  and  opened 
fire  upon  the  flank  of  the  enemy's  column,  then 
retiring  before  General  McCook's  division  on  our 
right.  This  occurred  at  about  half-past  three 
o'clock  P.M.,  and  up  to  this  time,  from  about  eight 
o'clock  in  the  morning,  my  brigade  had  been  al 
most  constantly  engaged. 

The  Thirteenth  Ohio,  Eleventh  and  Twenty- 
sixth  Kentucky  regiments,  seemed  to  vie  with 
each  other  in  determined  valor,  and  while  they 
each  have  cause  to  regret  and  detest  the  conduct 
of  a  few  of  their  officers  and  men,  they  may 
proudly  exult  over  the  glorious  part  which  they 
took,  as  regiments,  in  the  bloody  engagement  of 
ShiloJi  Field*. 

I  beg  leave  to  make  special  mention  of  the  gal 
lant  conduct  of  the  field  and  staff-officers  of  the 
Thirteenth  Ohio  and  Eleventh  and  Twenty-sixth 
Kentucky  regiments,  who,  without  exception,  bore 
themselves  as  true  soldiers  and  efficient  officers 
through  all  the  dangers  of  the  day.  I  desire  also 
to  mention  the  gallant  conduct  of  Lieutenant 
Frank  J.  Jones,  Thirteenth  Ohio,  acting  A.A. 
General,  and  Lieutenant  R.  E.  Hackett,  A.D.C., 
Twenty-sixth  Kentucky,  whose  conduct  through 
out  the  day  was  marked  by  great  coolness  and 
daring. 

I  herewith  enclose  the  reports  of  the  command 
ers  of  the  several  regiments  constituting  my  bri 
gade,  and  beg  to  refer  to  them  for  many  particu 
lars  which  escaped  my  own  eye,  as  also  for  the 
lists  of  killed,  wounded  and  missing,  which  in  the 
aggregate  amount  to,  namely :  Killed,  23  ;  wound 
ed,  156;  missing,  9.  Total,  188. 

Very  respectfully,  your  most  ob't  servant, 
Col.  WM.  S.  SMITH, 

Commanding  Fourteenth  Brigade  Fifth  Division  Army  of  Ohio. 


DOCUMENTS. 


26i 


REPORT   OF  COLONEL  THAYER. 

HEADQUARTERS  SECOND  BRIGADE,    | 

THIRD  DIVISION,  ARMY  IN  THE  FIELD,         V 

PITTSBURGH,  April  10,  1862.      J 

CAPTAIN  :  I  have  the  honor  to  submit  herewith 
a  report  of  the  part  taken  by  the  Second  brigade 
in  the  battle  of  Pittsburgh. 

Early  on  Sunday  morning,  the  seventh  inst., 
hearing  at  my  camp,  at  "  Stony  Lonesome," 
heavy  cannonading  in  the  direction  of  Pittsburgh, 
I  immediately  caused  my  command  to  be  put 
in  state  of  preparation  to  march  at  a  moment's 
notice,  and  anxiously  awaited  orders.  Soon  Ma 
jor-Gen.  Wallace  and  staff  rode  up,  and  he  gave 
me  the  desired  command  to  move  to  the  scene  of 
action.  At  twelve  o'clock  the  brigade  was  in 
the  line  of  march,  the  Sixty-eighth  Ohio,  Colonel 
Stedrnan,  being  directed  by  me  to  remain  at  that 
point,  in  conjunction  with  Col.  Kinney's  Ohio 
regiment,  for  the  purpose  of  preventing  an  ap- 


a  large  open  field.  Moving  my  brigade  in  full 
line  of  battle,  reserving  our  fire,  we  crossed  a  deep 
ravine  and  passed  up  on  to  the  ridge  beyond, 
under  a  terrible  fire  of  musketry  and  artillery  from 
the  rebels.  Arriving  on  the  brow  of  this  ridge,  I 
gave  the  order  to  open  on  them,  which  was 
promptly  done.  Our  fire  told  with  fatal  effect, 
for  they  immediately  fell  back.  A  few  moments 
previous  to  this,  observing  a  body  of  the  rebel 
cavalry  advancing  on  the  outskirts  of  the  timber 
on  my  extreme  right,  evidently  with  the  intention 
of  flanking  us,  I  directed  Col.  Sanderson,  of  the 
Twenty -third  Indiana,  to  move  by  the  right  flank 
some  twenty  rods,  so  as  to  bring  his  regiment  di 
rectly  in  front  of  them,  and  to  drive  them  back — 
a  movement  which  he  promptly  and  successfully 
accomplished.  On  getting  in  front  of  them,  the 
cavalry  discharged  their  carbines. 

The  Twenty-third  Indiana  immediately  return 
ed  their  fire,  and  under  the  lead  of  their  Colonel 


proach  of  the  enemy  by  the  Adamsville  road.  then  pressed  forward ;  and  the  right  flank  com- 

We   arrived  upon  the  field  at  Pittsburgh    at   pany  of  the  First  Nebraska,  Capt.  Baumer,  also 
dark,  and  throwing  out  a  strong  force  of  pickets   giving  them  a  right  oblique  fire,  when  the  rebels 


at  once  fled  in  confusion.  Still  fearing  a  flank 
movement  of  the  enemy,  and  observing  Colonel 
Whittlesey  coming  up  with  two  regiments,  I  rode 
to  him  and  requested  him  to  move  as  rapidly  as 
possible  to  my  right,  which  he  readily  did. 

The  action  now  became  general  along  the  line. 
I  again  gave  the  order,  "Forward"  and  the  line 
advanced  as  regularly  and  with  a  front  as  un 
broken  as  upon  the  parade-ground,  the  First  Ne 
braska,  Lieut-Col.  McCord,  moving  up  directly 
in  front  of  the  enemy's  battery. 

Advancing  about  twenty  rods,  and  finding  the 
enemy  had  made  another  stand,  I  ordered  a  halt, 
and  directed  another  fire  upon  them,  which  con 
tinued  some  fifteen  minutes,  when,  discovering 
the  enemy  again  receding,  we  pushed  on  nearly 
half  a  mile,  halting  as  we  ascended  the  brow  of 
each  hill,  (the  ground  being  composed  of  hills 
and  valleys,)  and  giving  them  another  volley,  and 
then  moving  forward  again.  Perceiving  the  ene 
my's  battery  again  in  position,  supported  by 
heavy  bodies  of  infantry,  another  halt  was  order 
ed,  and  another  fire  opened  upon  them,  which 
became  continuous  along  my  whole  line.  The 
battle  now  raged  with  unabated  fury  for  nearly 
two  hours.  The  enemy's  battery  was  exceedingly 
well  served,  it  having  obtained  an  excellent 
range. 

I  had  no  artillery  to  oppose  to  it,  but  the  fire 
of  our  infantry  was  terrific  and  incessant,  and 
was  admirably  directed,  the  men  loading  and  fir 
ing  at  will  with  great  rapidity.  Learning  from 
Col.  McCord  and  Major  Livingston  that  the  am 
munition  of  the  First  Nebraska  was  nearly  ex 
hausted,  and  from  Major  Dister,  of  the  Fifty- 
eighth  Ohio,  that  theirs  also  was  nearly  out,  I 

the  timber  again,  for  the  purpose  of  extending  j  rode  to  Gen.  Wallace,  who  was  on  the  left  of  the 
our  line  to  the  right,  and  then  forward  to  the   division,  and  requested  of  him  a  fresh  regiment. 

_/«     _      _i l_;il 1 : J      ~  -       TT_  __J J       f J      j.1-  .      Ci___  .       •_«.!- 


in  front  of  our  line,  we  bivouacked  in  order  of 
battle,  the  troops  laying  down  with  their  arms  in 
their  hands.  During  the  night  a  severe  thunder 
storm  came  on.  Those  who  slept  awoke  to  find 
themselves  in  a  drenching  rain.  But  they  bore 
their  hardships  with  fortitude  and  cheerfulness. 
Capt.  Noah  Thompson,  of  the  Ninth  battery  of 
Indiana  light  artillery,  having  come  up  in  the 
night,  and  placed  his  battery  in  position  in  the 
open  field  in  front,  at  daylight,  on  the  morning  of 
the  seventh,  I  moved  the  First  Nebraska,  Lieut. - 
Col.  McCord,  forward,  so  that  its  left  rested  on 
the  battery.  I  then  placed  the  Twenty-third  In 
diana,  Col.  W.  L.  Sanderson,  on  the  right  of  the 
First  Nebraska,  having  the  Fifty-eighth  Ohio, 
Col.  Bausenwein,  immediately  in  the  rear  of  the 
two. 

Wrhile  in  this  position,  Thompson's  battery 
opened  fire  upon  a  battery  of  the  enemy,  discov 
ered  upon  the  hill  directly  in  front.  Having  si 
lenced  it,  I  received  orders  from  Gen.  Wallace  in 
person  to  advance  in  echelon.  I  did  so,  across  the 
deep  ravine  and  up  the  steep  declivity  where  the 
rebel  guns  had  been  planted,  keeping  Capt.  Bau 
mer  and  his  company,  of  the  First  Nebraska,  as 
skirmishers  in  advance,  which  movement  was  ex 
ecuted  in  good  order.  Here  the  General  directed 
a  change  of  front  of  his  division,  which  was  exe 
cuted  by  a  left  wheel  of  the  whole  line. 

Advancing  in  line  a  short  distance,  we  were 
soon  under  a  heavy  fire  of  the  enemy's  guns,  both 
artillery  and  infantry.  Moving  forward,  we  emerg 
ed  from  the  timber  into  a  small  cleared  field, 
where  Capt.  Thompson,  having  moved  forward, 
also  planted  his  battery.  I  then  moved  the  bri 
gade  by  the  right  flank  nearly  half  a  mile  into 


brow  of  a  steep  hill,  where  we  remained  some 
three  quarters  of  an  hour,  when  the  enemy's 
battery  was  again  silenced.  The  order  then  came 
from  Gen.  Wallace  to  move  forward. 

We  did  so,  and  emerged  from  the  timber  into 


He  at  once  ordered  forward  the  Seventy-sixth 
Ohio,  Col.  Woods,  which  I  conducted  to  my  line, 
and  directed  the  First  Nebraska  to  file  by  the 
right  of  companies  to  the  rear,  when  the  Seventy- 
sixth  took  its  place.  The  First  Nebraska  and 


262 


REBELLION  RECORD,  1862. 


the  Fifty-eighth  Ohio  then  fell  back  a  few  rods  to 
a  ravine.  These  movements  were  executed  with 
perfect  order. 

My  own  ammunition-wagons  having  failed  to 
come  up,  on  account  of  the  ravines,  which  were 
impassable  for  teams,  over  which  we  had  crossed, 
Gen.  Wallace  sent  me  one  of  his  own,  which,  for 
tunately,  had  arrived  by  another  route.  The  two 
regiments  refilled  their  cartridge-boxes,  and  in 
twenty  minutes  from  the  time  they  left  the  line, 
they  were  again  in  their  position  before  the  ene 
my  ;  but  the  enemy  was  now  fleeing.  The  Gen 
eral  here  ordered  forward  his  whole  division  in 
pursuit,  himself  leading  it,  which  was  continued 
for  a  mile  and  a  half,  when  we  bivouacked  for 
the  night. 

Thus  did  we  drive  the  enemy  before  us  from 
five  o'clock  in  the  morning  till  five  in  the  even 
ing,  never  receding  an  inch,  but  pressing  steadily 
forward  over  a  distance  of  four  miles,  the  enemy 
contesting  the  ground  rod  by  rod  with  a  courage 
and  determination  that  would  have  honored  a 
better  cause.  I  cannot  speak  in  terms  of  too 
high  praise  of  the  officers  and  soldiers  under  my 
command  ;  their  conduct  was  most  gallant  and 
brave  throughout.  They  fought  with  the  ardor 
and  zeal  of  true  patriots.  It  gives  me  pleasure 
to  speak  of  the  different  regiments  and  their  of 
ficers. 

Nobly  did  the  First  Nebraska  sustain  its  repu 
tation  well  earned  on  the  field  of  Donelson.  Its 
progress  was  onward  during  the  whole  day,  in 
face  of  a  galling  fire  of  the  enemy,  moving  on 
without  flinching,  at  one  time  being  an  hour  and 
a  half  in  front  of  their  battery,  receiving  and  re 
turning  its  fire.  Its  conduct  was  most  excellent. 
Lieut. -Col.  W.  B.  McCord  and  Major  R.  R.  Living 
ston,  of  this  regiment,  were  constantly  in  the  thick 
est  of  the  fight,  executing  every  order  with  the 
utmost  promptness  and  alacrity.  They  are  de 
serving  of  the  highest  commendation  for  their  gal 
lantry. 

The  Twenty-third  Indiana,  by  its  conduct  on 
the  field,  won  my  unqualified  admiration.  It 
moved  constantly  forward  under  the  lead  of  its 
brave  commander,  Col.  Sanderson,  under  a  heavy 
fire,  charging  upon  the  enemy's  cavalry,  and  ut 
terly  routing  them.  The  coolness  and  courage 
of  the  Colonel  aided  much  in  the  success  of  the 
movements  of  the  brigade.  Lieut. -Colonel  D.  C. 
Anthony,  and  Major  W.  P.  Davis  of  the  same 
regiment,  behaved  gallantly  through  the  action, 
and  were  ever  at  the  post  of  duty.  The  former 
had  his  horse  shot  under  him.  The  regiment, 
with  its  Colonel  and  other  officers,  have  earned 
distinguished  honors  for  themselves  and  for  the 
noble  State  which  sent  them  into  the  field. 

The  Fifty-eighth  Ohio  proved  themselves  wor 
thy  of  the  confidence  reposed  in  them.  They 
fought  with  unabated  courage  during  the  day, 
never  yielding,  but  firmly  advancing,  pressing  the 
enemy  before  them.  They  have  my  highest  es 
teem  for  their  noble  conduct  in  this  battle.  Col. 
Bausenwein,  Lieut. -Col.  Rempel,  and  Major  Dis- 
ter,  of  this  regiment,  were  conspicuous  for  their 
coolness  and  bravery  throughout  the  day.  Ever 


exposed  to  imminent  danger,  they  readily  per 
formed  every  duty,  and  handled  their  regiment 
most  admirably. 

Most  honorable  mention  is  due  to  Surgeon  E. 
B.  Plarrison,  of  the  Sixty-eighth  Ohio,  Surgeon  ol 
the  brigade,  and  to  Wm.  McClelland,  Acting  Sur 
geon  of  the  First  Nebraska,  for  their  prompt  at 
tention  to  the  wounded.  They  labored  at  the 
hospitals  with  ceaseless  devotion  for  days  and 
nights  after  the  battle  in  administering  relief. 
Their  services  were  invaluable. 

I  must  also  express  my  obligations  to  the  mem 
bers  of  my  staff,  S.  A.  Strickland,  Acting  Assist 
ant  Adjutant-General ;  my  aids-de-camp,  Captain 
Allen  Blacker,  and  Lieut.  Wm.  S.  Whitten,  and 
also  to  Lieut. -Col.  Scott,  and  Capt.  Richards,  of 
the  Sixty-eighth  Ohio,  and  Mr.  George  E.  Spencer, 
who  acted  as  volunteer  aids,  for  their  prompt  con 
veyance  and  execution  of  orders  in  the  face  of  all 
danger.  I  directed  the  men  to  lie  down  when 
not  engaged,  and  to  fire  kneeling  and  lying  down 
as  much  as  possible,  and  also  to  take  advantage 
of  the  ground  whenever  it  could  be  done.  By 
adopting  this  course,  and  continuing  it  through 
out  the  day,  I  have  no  doubt  but  that  the  lives 
of  hundreds  of  our  men  were  saved. 

In  conclusion,  I  may  be  permitted  to  congratu 
late  the  General  upon  the  part  his  division  took, 
and  upon  the  success  which  attended  all  his 
movements  in  the  memorable  battle  of  Pitts 
burgh. 

I  have  the  honor  to  be,  very  truly,  yours, 
JOHN  M.  THAYER, 

Colonel  First  Nebraska,  Commanding  Second  Brigade, 

Third  Division  Army  in  the  Field. 

Captain  FRED.  KNEFLER, 

Assistant  Adjutant-General  Third  Division. 

REPORT  OP  ACTING  BRIGADIER-GENERAL  STUART. 

HEADQUARTERS  SECOND  BRIGADE,  FIFTH  DIVISION,  ) 
CAMP  SHILOH,  April  10,  1862.      f 

Capt.  J.  H.  Hammond,  Assistant  Adjutant- Gen 
eral  Fifth  Division : 

SIR  :  I  have  the  honor  to  submit  a  report  of 
the  part  taken  by  the  Second  brigade  of  Gen. 
Sherman's  division  in  the  engagements  of  the 
sixth  and  seventh  instant.  The  brigade,  com 
posed  of  the  Fifty-fifth  Illinois,  commanded  by 
Lieut.-Col.  Malmborg;  the  Fifty -fourth  Ohio,  Col. 
Thomas  Kilby  Smith ;  and  the  Seventy-first  Ohio, 
Col.  R.  Mason,  occupied  the  extreme  left  of  the 
advance,  Gen.  Prentiss's  division  being  on  my 
right  and  front. 

In  obedience  to  Gen.  Sherman's  orders,  I  kept 
a  company  at  and  in  the  vicinity  of  the  ford  of 
Lick  Creek,  on  the  Hamburgh  road,  and  another 
in  the  vicinity  of  the  u  bark  road,"  coming  in  on 
the  hills  opposite  and  south-east  of  my  encamp 
ment,  as  picket-guard ;  and  on  Saturday,  sent 
six  companies  out  on  the  Hamburgh  road,  with 
a  squadron  of  cavalry  sent  forward  by  Gen.  Mc- 
Clernand  to  reconnoitre  beyond  Hamburgh.  The 
disposition  of  my  pickets  was  reported  to  and 
approved  by  Gen.  Sherman. 

At  half-past  seven  o'clock  on  Sunday  morning 
I  received  a  verbal  message  from  Gen.  Prentiss 
that  the  enemy  was  in  his  front  in  force.  Soou 


DOCUMENTS. 


263 


after,  my  picket  sent  in  word  that  a  force,  with 
artillery,  was  advancing  on  the  bark  road.  In  a 
very  short  time  I  discovered  the  pelican  flag  ad 
vancing  in  the  rear  of  Gen.  Prentiss's  headquar 
ters.  I  despatched  my  Adjutant  (Loomis,  of  the 
Fifty-fourth  Ohio)  to  Gen.  Hurlbut,  who  occu 
pied  with  his  division  the  rear  of  the  centre,  to 
inform  him  that  Gen.  Prentiss's  left  was  turned, 
and  to  ask  him  to  advance  his  forces.  The  reply 
was,  that  he  would  advance  immediately.  With 
in  fifteen  minutes,  Gen.  Hurlbut  sent  forward  a 
battery,  which  took  position  on  the  road  immedi 
ately,  by  Col.  Mason's  (Seventy -first)  headquar 
ters.  A  regiment,  (the  Forty-first  Illinois,)  as  I 
remember,  formed  in  line  on  the  right  of  this  bat 
tery.  Observing  these  dispositions,  and  expect 
ing  that  the  remainder  of  Gen.  Hurlbut's  division 
would  be  up  quickly,  I  established  my  line  of 
battle  accordingly,  with  the  right  of  the  Seventy- 
first  Ohio  resting  opposite  the  eastern  extremity 
of  the  camp  of  the  Fifty-fifth  Illinois— the  Fifty- 
fifth  regiment  next  on  the  left,  and  the  Fifty- 
fourth  beyond,  facing  the  south.  I  had  two  com 
panies  of  the  Fifty -fifth  Illinois,  and  two  companies 
of  the  Fifty-fourth  Ohio  detached  as  skirmishers 
on  the  hills  opposite  and  across  the  creek  or  ra 
vine,  where  the  enemy  was  endeavoring  to  plant 
a  battery,  covered  by  a  much  larger  force  of  skir 
mishers.  From  a  convenient  position  on  the  brow 
of  the  hill  or  bank  north  of  the  creek,  with  my 
glass,  I  could  observe  all  their  movements. 

Having  succeeded  in  planting  their  battery  in 
a  commanding  position,  they  opened  a  fire  of 
shells  upon  us,  under  cover  of  which  the  infantry 
advanced  upon  us  diagonally  from  the  left  of 
Prentiss's  division,  and  also  from  the  right  of 
their  battery.  I  hastened,  in  person,  to  the  bat 
tery  I  had  left  half  an  hour  before,  in  front  of 
Col.  Mason's  tent,  to  order  them  further  to  the 
east,  in  front  of  my  headquarters,  when  they 
would  have  had  a  splendid  fire,  as  well  upon  the 
enemy's  battery  as  upon  the  advancing  infantry. 
The  battery  had  left  without  firing  a  gun,  and 
the  battalion  on  its  right  had  disappeared.  For 
above  a  quarter  of  a  mile  to  my  right  no  soldier 
could  be  seen,  unless  fugitives  making  their  way 
to  the  rear.  A  large  body  of  the  enemy's  troops 
were  advancing  due  north,  toward  Mason's  camp, 
and  I  saw  that  the  position  of  my  brigade  was 
inevitably  flanked  by  an  overwhelming  and  un 
opposed  force.  Hastening  back  to  my  brigade,  I 
found  the  enemy  rapidly  advancing  on  its  front. 

The  Seventy-first  Ohio  had  fallen  back,  under 
the  shelling  of  the  enemy's  guns,  to  some  posi 
tion  (as  I  am  informed  by  Capt.  Mason)  "about 
one  hundred  and  fifty  yards  in  the  rear,  and  re 
formed  on  a  ridge  of  ground  very  defensible  for 
infantry ; "  but  I  could  not  find  them,  and  had 
no  intimation  as  to  where  they  had  gone.  Be 
fore  I  could  change  position,  the  Fifty-fifth  Illi 
nois  and  the  Fifty -fourth  Ohio  were  engaged,  but 
as  soon  as  possible,  I  withdrew  them  to  a  posi 
tion  on  the  brow  of  a  hill,  and  formed  a  line, 
which,  extended,  would  intersect  my  first  line 
diagonally  from  north-west  to  south-east.  At 
this  point  I  had  not  to  exceed  eight  hundred  men 


of  the  Fifty-fifth  Illinois  and  Fifty-fourth  Ohio.  I 
saw  nothing  more  of  the  Seventy-first  regiment 
through  the  fight. 

The  enemy's  force  of  eight  regiments  of  infant 
ry,  and  a  battery  of  four  guns,  which  had  been 
moving  on  our  right  flank,  were  here  brought  to 
a  stand,  and  formed  a  line  of  battle.  A  body  of 
cavalry  were  sent  off  on  our  (then)  right,  toward 
our  rear,  to  harass  or  cut  off  our  retreat ;  a  part 
of  the  force  which  had  attacked  our  first  front 
were  disposed  with  a  view  of  flanking  us  on  our 
present  left.  Against  this  latter  force,  (moving 
through  a  ravine  which  had  its  mouth  just  be 
low,  and  in  the  rear  of  our  extreme  left,)  I  sent 
a  detachment  of  four  companies  of  Zouaves,  (Fif 
ty-fourth  Ohio,)  under  Major  Fisher,  by  whom 
they  were  held  in  check  during  the  fight.  This 
engagement  opened  the  enemy's  line,  and  one 
being  established  at  a  distance  of  one  hundred 
and  fifty  yards  apart.  At  this  point  we  fought 
and  held  them  for  upward  of  two  hours.  The 
enemy's  lines  were  within  the  edge  of  a  grove, 
pretty  well  defended  by  trees.  The  space  be 
tween  us  was  an  open,  level  and  smooth  field. 
The  disposition  of  their  forces  was  made  deliber 
ately,  and  occupied  fully  fifteen  minutes,  after  we 
came  up  the  ground. 

Inadequate  as  I  knew  my  force  to  be,  I  was 
encouraged  to  fight  it  and  hold  my  position — 
first,  with  the  object  of  detaining  the  enemy's 
force  from  advancing  towards  the  river ;  and  sec 
ondly,  because  I  received  a  message  from  General 
McArthur,  (who  appeared  in  person  somewhere 
in  my  vicinity,)  to  hold  my  position  and  he  would 
support  me  on  my  right. 

I  could  not  find  the  Seventy-first  Ohio  regi 
ment,  and  had  less  than  eight  hundred  men  under 
my  command.  During  the  action,  we  observed 
a  battery  planted  south-east  of  us,  in  a  command 
ing  position  to  enfilade  our  line — it  was  employed, 
however,  with  little  beyond  threatening  effect,  the 
firing  being  too  high.  We  had  received  no  sup 
port  on  our  right,  (as  promised  by  General  Mc 
Arthur.)  We  had  emptied  the  cartridge-boxes 
of  the  killed  and  wounded,  and  our  ammunition 
was  exhausted.  Our  fire  was  so  slackened  from 
this  cause,  and  our  losses,  that  I  was  apprehensive 
of  a  forward  movement  by  the  enemy,  who  could 
easily  have  overwhelmed  us  and  thrown  us  into 
ruinous  confusion.  With  the  advice  of  Colonel 
Smith,  of  the  Fifty-fourth  Ohio,  and  Lieut. -Col. 
Malmborg,  commanding  the  Fifty-fifth  Illinois,  I 
gave  the  order  to  fall  back  through  the  ravine, 
and  re-form  on  a  hill  to  our  right.  I  led  the  rem 
nant  of  my  brigade  in  good  order  to  the  point 
selected.  When  we  reached  it,  the  enemy  had 
advanced  on  our  left  with  their  battery,  and  were 
in  a  commanding  position  within  six  hundred 
yards.  They  opened  a  fire  of  shell  upon  us,  which 
compelled  me  to  move  on  a  little  further,  shelter 
ing  the  command  as  well  as  possible  by  various 
and  circuitous  paths,  till  we  reached  a  cavalry 
camp,  when  the  brigade  was  re-formed.  On  our 
way  we  were  joined  by  a  small  remnant  of  the 
Seventy-first  Ohio,  under  command  of  Adjutant 
Hart,  of  that  regiment,  (some  seventeen  or  eigh- 


£64 


REBELLION  RECORD,  1862. 


teen  men.)  Finding  that  I  was  beyond  the  line 
of  the  enemy,  after  consultation  I  ordered  the 
brigade  to  march  to  the  rear  towards  the  land 
ing,  in  preference  to  sending  for  ammunition, 
which  I  apprehended  would  not  reach  us.  With 
in  a  quarter  of  a  mile  of  the  batteries  the  brigade 
was  halted  by  an  officer  of  General  Grant's  staff, 
who  stated  that  ammunition  was  being  sent  back, 
and  ordered  that  every  fragment  of  a  regiment 
moving  toward  the  landing  should  be  stopped. 

Suffering  from  a  wound  I  had  received  in  my 
shoulder  before  the  termination  of  our  fight,  I 
turned  the  command  over  to  Col.  Thomas  Kilby 
Smith,  of  the  Fifty -fourth  Ohio,  (the  next  in  rank,) 
and  proceeded  to  the  landing  to  learn  the  extent 
of  my  injuries. 

Colonel  Smith  left  the  command  to  Lieut. -Col. 
Malmborg,  temporarily,  while  he  returned  to  find 
and  unite  with  the  brigade  the  left  wing  of  his 
regiment,  which  had  become  detached  from  us,  in 
defence  of  our  left  flank,  under  Major  Fisher. 

Meanwhile,  Gen.  Grant  passing,  ordered  Col. 
Malmborg  to  form  a  line  near  the  batteries.  Ma 
jor  Fisher  soon  came  in  with  his  men  and  joined 
the  line.  Through  Col.  Malmborg's  efforts,  a  line 
of  over  three  thousand  men  was  formed,  compos 
ing  remnants  of  regiments  moving  toward  the 
landing.  Major  Andrews,  of  the  Seventy-first, 
here  came  up  with  a  portion  of  the  left  wing  of 
his  regiment,  about  one  hundred  and  fifty  men, 
whom  he  had  led  to  the  bank  of  the  Tennessee, 
where  he  hailed  the  gunboats,  informing  them  of 
the  approach  of  the  enemy.  So  much  of  the  bri 
gade  were  in  the  last  engagement,  near  the  bat 
teries. 

On  Monday  morning  the  brigade  took  the  field 
under  command  of  Col.  Smith.  Its  conduct  was 
under  the  observation  of  the  General  himself.  I 
was  not  able  to  do  more  than  to  make  an  effort 
to  excite  the  enthusiasm  of  the  men  and  lead 
them  to  the  field,  where  they  were  ordered  for 
ward  into  the  action.  I  turned  the  command 
over  to  Col.  Smith  soon  after.  The  experience 
of  Sunday  left  me  under  no  apprehension  as  to 
the  fate  of  the  brigade  if  coolness,  deliberation 
and  personal  bravery  on  his  part,  could  save  it 
from  loss  or  disgrace. 

Col.  Smith,  from  the  beginning  to  the  end  of 
the  engagement  on  Sunday,  was  constantly  at 
his  post,  rallying,  encouraging  and  fighting  his 
men,  under  incessant  fire,  regardless  of  personal 
safety. 

I  was  under  great  obligations  to  Lieut. -Colonel 
Malmborg,  whose  military  education  and  experi 
ence  were  of  very  great  importance  to  me.  Com 
prehending  at  a  glance  the  purpose  and  object 
of  every  movement  of  the  enemy,  he  was  able  to 
advise  me  promptly  and  intelligently  as  to  the 
disposition  of  my  men.  He  was  cool,  discreet 
and  brave,  and  of  infinite  service  to  me. 

Adjutant  Charles  Loomis,  of  the  Fifty -fourth 
<Dhio,  who  was  my  only  aid,  discharged  his  duties 
with  the  utmost  promptness  and  gallantry.  He 
was  intelligent,  brave,  and  is  a  very  meritorious 
officer. 

It  is  my  duty  to  make  special  mention  of  Ad 


jutant  Hart,  of  the  Seventy-first  regiment,  who, 
having  lost  his  own  regiment,  sought  a  place  in 
the  ranks  of  the  Fifty-fifth,  and  with  seventeen 
men  of  his  regiment,  fought  them  bravely  from 
first  to  last.  Every  captain  in  the  Fifty-fifth  did 
his  duty,  with  one  exception,  and  he  is  under 
arrest  The  same  is  true  of  the  lieutenants,  with 
one  exception,  and  he  also  is  arrested. 

[Official]  D.  STUART, 

Colonel  Commanding  Second  Brigade 

J.  H.  HAMMOND, 

Assistant  Adjutant-General. 

N.  B. — Killed  and  wounded — 475. 


Doc.  45. 
GENERAL    BARRY'S    REPORT 

OF  ARTILLERY  OPERATIONS  AT  THE  SIEGE  OP  YORK- 
TOWN,  APRIL  5  TO  MAY  5,  1862. 

HEADQUARTERS  CHIEF  OF  ARTILLERY,  ) 

ARMY  OF  THE  POTOMAC,  May  5,  1862.  ) 

Brig. -General  S.  Williams,  Assistant  Adjutant' 

General : 

GENERAL  :  I  have  the  honor  to  make  the  fol 
lowing  general  report  of  the  operations  of  the  ar 
tillery  at  the  siege  of  Yorktown. 

The  army  having  arrived  in  front  of  the  ene 
my's  works,  April  fifth,  went  into  camp,  and  pre 
parations  were  at  once  commenced  for  the  siege. 
From  this  date  until  April  tenth,  active  recon- 
noissances  of  the  enemy's  lines  and  works  were 
pushed  by  the  Commanding  General.  By  his  or 
ders  I  examined  the  various  inlets  and  creeks  for 
the  purpose  of  selecting  a  suitable  place  for  land 
ing  the  siege-train.  Cheeseman's  Creek,  an  afflu 
ent  of  the  Poquosin  River,  about  two  miles  and  a 
half  from  the  proposed  location  of  our  works,  was 
selected  as  possessing  the  greatest  advantages  of 
deep  water,  a  good  landing,  and  facility  of  ap 
proach.  The  siege-train  depot  was  established 
in  a  large  open  field  about  one  mile  and  a  half 
from  the4anding,  and  at  the  junction  of  the  roads 
forming  the  approaches  to  the  various  batteries. 

The  siege-train  consisted  of  101  pieces  as  fol 
lows,  namely  : 

2  200-pounder  Parrott  rifle-guns. 
11  100       "  "  " 

13  30       "  "  " 

22  20       "  "  " 

10      44-inch  rifle  siege-guns. 
10      13    "     seacoast-rnortars. 
10      10    "          " 
15      10    "     siege-mortars. 
5        8    "        u          " 

3  8    "        "    howitzers. 
Field-batteries   of  12-pounders  were   likewise 

made  use  of  as  guns  of  position. 

To  serve  this  siege-train  the  First  Connecticut 
artillery,  Colonel  Tyler,  (one  thousand  four  hun 
dred  men,)  and  the  Fifth  New-York  volunteers, 
Col  Warren,  (eight  hundred  men,)  were  placed 
under  my  orders. 

Upon  consultation  with  the  Commanding  Gen 
eral  and  the  Chief  Engineer,  (Gen.  Barnard,)  the 
following  location  of  batteries,  and  distribution 
of  guns,  was  decided  upon : 


DOCUMENTS. 


265 


BATTERY  No.  1. — In  front  of  Farinholt's  house, 
on  the  right  bank  of  Wormley  Creek  and  at  its 
junction  with  York  River ;  to  command  the  wa 
ter-front  of  Yorktown  and  Gloucester,  and  the 
extreme  left  of  the  enemy's  land-side  works. 

Distance. — 5000  yards  to  work  on  Gloucester 
Point ;  4800  yards  to  Yorktown  wharf ;  4000 
yards  to  centre  of  Yorktown ;  3800  yards  to 
enemy's  long-range  rifle-guns  on  "  high  bastion." 

Armament. — 2  200-pounder Parrott  rifle-guns; 
5  100-pounder  Parrott  rifle-guns. 

Garrison. — 1  battery,  First  Connecticut  artil 
lery,  Capt.  Burke  ;  Major  Kellogg,  commanding. 

BATTERY  No.  2. — In  front  of  enemy's  line  bear 
ing  on  Yorktown  and  Hampton  stage-road,  (in 
first  parallel.) 

Distance. — 1800  yards  to  Red  Redoubt,  (left ;) 
1900  yards  to  enemy's  long-range  rifle-guns  on 
*'  high  bastion,"  (right.) 

Armament. — 3  4^-inch  rifle-siege-guns ;  6  30- 
pounder  Parrotts  ;  6  20-pounder  Parrotts. 

Garrison. — 2  batteries,  First  Connecticut  artil 
lery  ;  1  battery,  First  battalion  New- York  artil 
lery  ;  Major  Hemingway,  First  Connecticut  artil 
lery,  commanding. 

BATTERY  No.  3. — In  first  parallel  200  yards  to 
the  left  of  Battery  No.  2. 

Distance.— 1900  yards  to  Red  Redoubt;  2300 
yards  to  long-range  rifle-guns  in  "  high  bastion." 

Armament. — 7  20-pounder  Parrott  guns. 

Garrison. — 2  batteries,  First  battalion  New- 
York  artillery,  Captain  Voeglee,  commanding. 

BATTERY  No.  4. — In  ravine  under  plateau  of 
"  Moore's  house." 

Distance  and  Compass-Bearings. — To  Glouces 
ter  Point  N.  28°  W.  4100  yards ;  to  Yorktown 
wharf  N.  43°  W.  3500  yards  ;  to  Yorktown 
N.  49°  W.  2400  yards. 

Armament. — 10  13-inch  sea-coast  mortars. 

Garrison. — 2  batteries  First  Connecticut  artil 
lery,  Captains  Dow  and  Harmon ;  Major  Alex. 
Doull,  Second  New- York  artillery,  commanding. 

BATTERY  No.  5. — Beyond  Warwick  Court- 
House  stage-road,  in  front  of  Red  Redoubt. 

Distance. — To  Yorktown  2800  yards  ;  to  high 
bastion  2000  yards  ;  to  Red  Redoubt  1GOO. 

Armament. — 8  20-pounder  Parrotts. 

Garrison. — Battery  E,  Second  United  States 
artillery,  and  i  of  Battery  "  C,"  First  battalion 
New-York  artillery,  Capt.  Carlisle,  commanding. 

BATTERY  No.  6. — Junction  of  Warwick  and 
Hampton  Roads. 

Distance  and  Compass-Bearings. — To  Glouces 
ter  Point  N.  3°  E.  5100  yards;  to  Yorktown 
wharf  N.  5°  W.  3900  yards ;  to  Yorktown  N. 
2775  yards;  to  Wynn's  Mills  S.  45°  W.  2500 
yards  ;  to  Red  Redoubt  N.  32°  W.  2000  yards. 

Armament. — 6  10-inch  sea-coast  mortars. 

Garrison. — 1  battery,  Captain  Burbank,  First 
Connecticut  artillery,  commanding. 

BATTERY  No.  7, — In  front  of  Wynn's  Mills. 

Distance.—  To  Wynn's  Mills  Works  1100  yards. 

Armament. — 6  field  12-pounders. 

Garrison. — A  field-battery. 

BATTERY  No.  8. — In  front  of  works  south  of 
Wynn's  Mills. 


Distance. — 1125  yards. 

Armament. — 2  batteries,  (12  guns,)  field  12- 
pounders. 

Garrison. — 2  field-batteries. 

BATTERY  No.  9. — To  the  left  of  old  mill-dam. 

Distance  and  Compass-Bearings. — To  Fort  N. 
20°  W.  1900  yards;  to  exterior  works  N.  70" 
W.  2000  yards. 

Armament. — 10  10-inch  siege-mortars. 

Garrison. — 2  batteries,  Captains  Cooke  and 
Rockwood,  First  Connecticut  artillery  ;  Major 
Trumbull,  commanding. 

BATTERY  No.  10. — In  middle  of  first  parallel, 
between  right  branch  and  York  River. 

Distance.  —  To  Fort  2550  yards  ;  to  right 
Redoubt  2150  yards;  to  high  Redoubt  1500 
yards. 

Armament. — 3  100-pounder  Parrotts  ;  1  30- 
pounder  Parrott ;  7  4^-inch  rifle  siege-guns. 

Garrison. — 2  companies  Fifth  New-York  vol 
unteers  ;  Captain  Winslow,  commanding. 

BATTERY  No.  11.— At  the  head  of  ravine  UE." 

Distance  and  Compass- Bearings. — To  Glouces 
ter  Point  N.  9°  W.  4700  yards;  to  Yorktown 
wharf  K  7°  W.  3650  yards  ;  to  Fort  N.  18°  W. 
2600  yards  ;  to  exterior  works  N.  32°  W.  2400 
yards ;  to  Wynn's  Mills  S.  52°  W.  3300. 

Armament. — 4  10-inch  sea-coast  mortars. 

Garrison. — 1  company  Fifth  New- York  volun 
teers.  , 

BATTERY  No.  12. — On  peninsular  plateau,  be 
hind  secession  huts. 

Distance  and  Compass-Bearings. — To  exterior 
works  N.  78°  W.  2000  yards;  to  Fort  N.  20° 
W.  1600  yards;  to  burnt  house,  N.  9°  E.  925 
yards. 

Armament. — 5  10-inch  siege-mortars  ;  5  8-inch 
siege-mortars. 

Garrison. — 1  company  Fifth  New-York  volun 
teers. 

BATTERY  No.  13. — Right  of  Boyau,  in  front  of 
Moore's  house. 

Distance.— To  Gloucester  Point  3000  yards; 
to  exterior  works  2400  yards  ;  to  Fort  1300 
yards. 

Armament. — 6  30-pounder  Parrotts. 

Garrison. — 2  companies  Fifth  New-York  vol 
unteers  ;  Captain  Cambreling,  commanding. 

BATTERY  No.  14. — Extremity  (right)  of  first 
parallel. 

Distance. — To  Gloucester  Point  3100  yards; 
to  exterior  works  2500  yards  ;  to  Fort  1400 
yards. 

Armament. — 3  100-pounder  Parrotts. 

Garrison. — 1  battery  First  Connecticut  artil 
lery  ;  Captain  Perkins,  commanding. 

THURSDAY,  APRIL  17TH. — By  pushing  close  re- 
connoissances,  the  engineer  officers  have  seen  at 
least  50  guns  in  the  enemy's  works.  Of  these, 
33  are  on  water-front  and  looking  down  York 
River,  of  which  23  will  bear  on  our  battery  No.  1. 
The  remainder,  17  guns,  are  on  land-front.  There 
are  probably  more,  which  are  masked  by  sand- 


FRIDAY,  APRIL  18xH. — Batteries  1,  2,  3,  6,  and 
7  laid  out,  and  ground  broken  in  Nos.  1,  2,  3,  ana 


206 


REBELLION  RECORD,  1862. 


6.  At  daylight  working  party  in  No.  1  well  cov 
ered  in ;  No.  2  less  advanced  ;  No.  3  progresse 
far  enough  to  shelter  men  ;  No.  6  raised  to  heigh 
of  sole  of  embrasures. 

SATURDAY,  APRIL  19TH.  —  Col.  Hunt,  command 
ing  artillery  reserve,  ordered  to  detail  a  20 
pounder  Parrott  battery  for  battery  No.  3,  to  oc 
cupy  it  after  dark  to-night.  Also  ordered  to  de 
tail  54  harnessed  horses  to  haul  the  100-pound 
ers  into  No.  1  ;  the  work  to  be  continued  al 
night.  Platforms  laid  and  magazine  completec 
in  No.  1,  and  all  preparations  made  for  mountin^ 
guns.  Rain  for  past  twenty-four  hours,  anc 
ground  soft  and  slippery,  and  altogether  unfavor 
able  for  heavy  work. 

MONDAY,  APRIL  21sT. — Batteries  4  and  5  com 
menced.  The  officers  and  cannoneers  of  Ran 
dol's  and  De  Russy's  batteries  making  gabions 
and  fascines,  under  Brig. -Gen.  Woodbury  ;  can 
noneers  of  Lieut. -Col.  Brickel's  brigade,  under 
Major  Arndt,  revetted  the  embrasures  of  battery 
No.  7  with  gabions,  and  finished  the  battery  gen 
erally  ;  Ames's  battery  (A,  Fifth  artillery)  in  po 
sition  in  battery  No.  7,  relieving  Diedrich's,  First 
battalion  New-York  artillery ;  100  horses  hauling 
siege-guns  to  batteries  3  and  6. 

Battery  No.  1. — Received  from  depot  4  100- 
pounder  Parrotts,  250  shell,  50  shot,  and  imple 
ments ;  5  100-pounders  mounted ;  this  battery 
now  fully  ready  for  service. 

Battery  No.  3. — Received  from  depot  4  4^- 
inch  siege-guns  and  platforms ;  2  platforms  laid. 
Battery  No.  6. — Received  from  depot  6  4^-inch 
siege-guns  and  platforms.  The  artillerymen  ex 
cavated  the  terre-plein  to  the  depth  of  fourteen 
inches,  and  commenced  to  lay  platforms.  A  ves 
sel  has  arrived  at  Cheeseman's  Landing  with  13- 
inch  mortars,  number  not  known.  Arrange 
ments  are  made  to  receive  these  mortars  when 
hoisted  out  of  the  vessel,  and  when  the  present 
heavy  weather  abates,  to  tow  them  around  to  the 
immediate  vicinity  of  the  battery  in  which  they 
are  to  be  placed  in  position.  It  will  be  necessary 
to  ask  the  assistance  of  the  Navy  to  hoist  them 
out  of  the  transport  I  respectfully  request  that 
this  assistance  be  asked  for. 

APRIL  22o. — Batteries  Nos.  1,  2,  3,  and  6  are 
now  ready  for  service,  and  are  fully  supplied  with 
implements  and  ammunition  to  the  full  capacity 
of  the  magazines.  The  vessel  with  5  30-pounder 
guns  has  arrived,  and  a  detachment  is  now  dis 
charging  her.  The  guns  will  be  disembarked  by 
three  or  four  o'clock,  and  if  the  road  is  repaired 
at  that  time,  they  will  be  at  once  hauled  out  to 
battery  No.  2.  Another  detachment  is  at  work 
on  the  13-inch  mortars;  blocks  and  tackle  for 
handling  them  have  arrived. 

APRIL  22o,  P.M. — The  usual  detail  of  cannon 
eers  of  two  batteries  for  instruction  in  the  manu 
facture  of  gabions,  fascines,  etc.  ;  harnessed 
horses  furnished  for  transportation  of  siege-guns ; 
90  barrels  of  powder  transported  from  landing  to 
depot. 

Battery  No.  1. — Two  hundred  and  fifty  cart 
ridges  supplied  for  100-pounder  guns  ;  magazine 
arranged  and  drains  constructed. 


Battery  No.  2. — Five  platforms  for  siege-guns 
laid  ;  50  rounds  of  canister  and  500  cartridges 
supplied,  and  implements  and  equipments  com 
plete  for  5  4|-inch  guns.  This  battery  is  now 
ready  for  service. 

Battery  No.  6. — Platforms  for  5  4^-inch  guns 
laid,  and  the  guns  put  in  position.  The  follow 
ing  ammunition  was  placed  in  the  magazine  of 
this  battery  :  600  cartridges,  300  shot,  300  shell, 
100  case,  50  canister.  Implements  and  equip 
ments  also  supplied.  Battery  now  ready  for  serv 
ice. 

I  would  respectfully  recommend  that  strong 
infantry  supports  be  now  placed  in  position  in 
the  immediate  vicinity  of  batteries  1,  2,  3,  5,  and 
6.  Batteries  3  and  6  being  particularly  exposed 
to  sorties  of  the  enemy,  should  be  more  than 
usually  well  supported,  and  I  would  therefore 
recommend  for  each  of  them  a  section  of  light  ar 
tillery,  in  connection  with  the  infantry  supports. 

APRIL  23o. — Battery  No.  1. — No  change,  ex 
cept  oiling  guns  and  carriages,  and  finishing 
drains  in  and  about  the  battery. 

Battery  No.  2. — Five  platforms  laid,  and  the 
battery  supplied  with  the  following  ammunition : 
250  4i-inch  shot,  350  4^-inch  shell,  100  case- 
shot. 

Battery  No.  6. — Same  as  battery  No.  1.  The 
following  material  was  landed  from  transports 
and  hauled  to  the  depot :  42  10-inch  carcasses, 
16  hand-barrows,  3  platforms.  One  13 -inch 
mortar  was  transferred  from  transport  to  canal- 
3oat,  which  is  to  carry  it  up  Wormley  Creek. 
A  detachment  is  ordered  to  work  all  night,  to 
complete  the  transfer  of  the  remaining  4  mortars. 
The  whole  number  will  be  ready  to  be  towed  into 
)osition  to-morrow  night.  Another  detachment 
s  ordered  to  work  all  night,  disembarking  5  30- 
>ounders. 

APRIL  24TH. — One  hundred   and   seventy  30- 
pounder  shell,  10  30-pounder  shot,  33  shell  with 
'Greek-fire,"  48  8-inch  carcasses,  26  10-inch  car 
casses,  transported  from  landing  to  depot ;  5  30- 
ounder  Parrott  guns  transported  from  landing  to 
Battery  No.  2. 

Battery  No.  2. — Five  30-pounder  Parrott  guns 
)laced  in  position ;  6  platforms  laid,  and  500 
•ounds  30-pounder  ammunition  placed  in  maga 
zine.  This  battery  is  now  ready  for  service. 

Eight  13-inch  seacoast-mortars  were  transferred 
rom  the  transport  to  canal-boats,  and  will  to- 
light,  at  high -tide,  be  towed  into  Wormley 
)reek.  Two  13-inch  mortars  and  1  200-pounder 
^rrott  gun  will  be  transferred  to-morrow,  and, 
veather  permitting,  will  also  be  towed  into  the 
reek. 

A  quantity  of  10-inch  shell  and  100-pounder 
'arrott  projectiles  are  being  landed  from  trans- 
)orts. 

Battery  No.  5. — Six  platforms  laid.  The  guns 
will  be  in  position  to-night,  and  by  daybreak 
eady  for  service. 

APRIL  25ra,  9  A.M.— The  5  30-pounder  Parrotts 

were  placed   in   position  in  Battery  No.  2  last 

night.     Ammunition  supplied  for  the  15  guns  of 

bat  battery,  and  the  guns  transferred  to  their 


DOCUMENTa 


267 


proper  platforms,  that  is,  5  20-pounders  left 
branch ;  next  in  order,  5  30-pounders  ;  and  next, 
5  4£-inch  guns.  Finishing  work  is  now  being 
done,  but  the  battery  is  now  ready  for  immediate 
service.  Eight  13-inch  seacoast-mortars,  with  a 
quantity  of  shells,  were  towed  out  of  Cheeseman's 
Creek  last  night,  en  route  for  Wormley  Creek. 
Upon  arriving  at  the  fleet,  it  was  ascertained  that 
the  tide  was  beginning  to  ebb,  and  the  officer  de 
tailed  by  me  to  superintend  the  work  (Major 
Webb)  was  dissuaded  by  the  pilot  and  Captain 
Missroon  from  attempting  the  passage.  The  ca 
nal-boats  were  therefore  anchored  beyond  range 
of  the  enemy's  guns  and  view,  and  they  will  be 
run  in  at  eight  o'clock  to-night,  together  with  the 
remaining  mortars  and  200-pounder. 

APRIL  25-TH,  9  P.M. — In  consequence  of  the 
breaking  of  the  blocks  and  falls  procured  from 
the  navy,  the  transfer  of  mortars  was  necessarily 
delayed.  Two  13-inch  mortars  and  1  200-pounder 
gun  yet  remain  to  be  transhipped.  Measures 
have  been  taken  to  procure  from  Fort  Monroe 
lifting  materials  of  adequate  strength. 

Six  hundred  30-pounder  shell  and  400  30- 
pounder  shot  were  transferred  from  landing  to 
depot.  One  large  sling-cart,  lifting-jack,  and 
ropes  were  taken  to  Battery  No.  4,  in  readiness 
for  13-inch  mortars.  Eight  13-inch  mortars  are 
to  be  brought  into  Wormley  Creek  to-nigfrt,  at 
high-tide,  (eight  P.M.,)  and  will  be  moved  up  to 
Battery  No.  4  early  to-morrow  morning. 

APRIL  26TH,  9  A.M. — Two  of  the  barges  con 
taining  8  13-inch  mortars,  were  successfully 
taken  into  Wormley  Creek  this  morning.  The 
remaining  barge,  loaded  with  13-inch  mortar 
shells  is  hopelessly  aground,  and  will  have  to  be 
discharged,  and  I  have  to  request  that  the  Engi 
neer  Department  be  ordered  to  furnish  Col.  Tyler 
with  pontoons  for  this  purpose.  No  change  re 
ported  in  any  of  the  batteries. 

APRIL  26in,  9  P.M. — Two  canal-boats  contain 
ing  8  13-inch  mortars  and  9  beds  were  brought 
into  Wormley  Creek  in  readiness  to  be  taken  up  to 
their  position  at  high-tide,  (half-past  eight  to 
night.)  Major  Webb  left  Cheeseman's  Creek  at 
five  o'clock  this  afternoon  in  charge  of  two  canal- 
boats  containing  2  13-inch  mortars,  1  bed,  and  1 
200-pounder  gun  with  chassis,  carriages  and  plat 
form.  They  will  be  brought  into  Wormley  Creek 
at  high-tide  to-night.  The  following  was  landed 
from  transports  at  Cheeseman's  Landing  and 
transported  thence  to  depot ;  130  10-inch  shell ; 
23  10-inch  carcasses  ;  7  8-inch  carcasses;  170  30- 
pounder  shot ;  400  30-pounder  shell. 

Battery  No.  1. — Ten  shell  from  the  large  gun 
at  Yorktown  and  two  from  Gloucester  Point,  were 
fired  this  morning  at  a  canal-boat  ashore  about 
350  feet  in  front  of  the  battery.  Fragments  of 
these  shells  struck  the  battery  in  several  places. 
The  projectile  appears  about  7-inch  calibre  and 
about  \\  inch  thick. 

Battery  No.  2. — The  working  party  asked  for 
this  morning,  to  complete  the  road  in  rear  of  the 
battery,  did  not  report.  The  application  is  re 
newed  for  to-morrow,  as  the  work  is  deemed  to 
be  of  importance. 


Batteries  Nos.  3,  5,  and  6. — No  change. 

Battery  No.  4. — Preparations  made  for  land 
ing  and  mounting  13-inch  mortars.  The  roads  to 
and  from  Cheeseman's  Creek,  are  again  getting 
bad,  and  require  immediate  attention. 

APRIL  27TH,  A.M.— The  200-pounder  Parrott 
and  the  remaining  2  13-inch  mortars  were  suc 
cessfully  brought  into  Wormley  Creek  just  at 
I  daybreak  this  morning.  Great  credit  is  due  my 
I  assistant  Major  Webb  for  this  work.  It  was  by 
his  energy,  perseverance,  and  coolness  during  the 
greater  portion  of  forty-eight  hours  almost  con- 
tinuous  labor— for  nearly  two  hours  of  which  he 
was  under  the  enemy's  fire  of  shot  and  shell, 
that  the  great  difficulties  attending  the  move 
ment  of  this  exceedingly  heavy  material  were 
overcome. 

I  have  given  orders  to  Colonel  Tyler  (who  has 
already  entered  upon  the  execution  of  them)  to 
mount  and  place  in  position  the  mortars  and  200- 
pounder.  I  have  no  change  to  report  in  any  of 
the  batteries. 

APRIL  27TH,  P.M. — One  hundred  and  twenty- 
five  barrels  of  powder  were  to-day  hauled  from 
Cheeseman's  Landing  to  the  siege-depot.  The 
roads  to  and  from  the  landing  are  now  so  bad 
that  it  is  utterly  impossible  to  bring  more  than 
light  loads  over  them.  I  earnestly  request  that 
a  strong  working  party  be  detailed  at  once  for  its 
repairs.  The  road  in  rear  of  Battery  No.  2  is  still 
unfinished.  I  beg  to  repeat  my  application  of 
yesterday  and  of  the  day  before,  that  a  party  be 
detailed  to  complete  it. 

APRIL  28TH. — Battery  No.  1. —  Platform  for 
200-pounder  laid,  chassis,  upper  carriage,  and  gun 
mounted. 

Battery  No.  2. — Gabion  revetment  of  embra 
sures  faced  with  green  hides,  approaches  to  maga 
zine  improved  and  splinter-proofs  constructed 
over  entrance  to  same.  This  battery  was  much 
fired  at  by  the  enemy  to-day ;  one  shell  struck  in 
the  battery  and  burst ;  no  casualties. 

Battery  No.  3. — Platforms  completed,  guns 
placed  in  position,  and  magazine  filled.  Sev 
eral  shots  were  fired  at  this  battery  by  the  ene 
my  ;  one  shell  struck  full  in  the  exterior  slope 
of  the  parapet,  and  knocked  out  two  or  three  feet 
of  earth. 

Battery  No.  4. — Four  platforms  for  13-inch 
mortars  laid,  and  2  mortars  transferred  from 
barge  to  battery. 

Battery  No.  5. — No  change.  This  battery 
was  to-day  much  fired  at  by  the  enemy;  the 
firing  was  however  extremely  wild;  the  enemy 
being  apparently  uncertain  of  the  true  position 
of  the  battery. 

Battery  No.  6. — No  change. 

Battery  No.  9. — This  battery  is  not  yet  ready 
for  its  platforms ;  6  10-inch  mortars  and  beds, 
15  platforms,  and  708  shell  were  hauled  to  it  from 
depot 

Cheeseman's  Landing.  —  Four  companies  of 
First  Connecticut  artillery  relieved  by  two  com 
panies  Fifth  New-York  volunteers.  The  discharg 
ing  of  the  vessel  loaded  with  10-inch  shell  was 
completed.  The  vessel  on  whic^  are  the  10-inch 


268 


REBELLION"  RECORD,  1862. 


Beacoast-mortars,  drawing  so  much  water  as  to 
be  unable  to  get  to  the  wharf  until  high-water ; 
no  mortars  were  discharged. 

APKIL  29TH. —  Battery  No.  1. — The  mounting 
of  the  200-pounder  completed. 

Battery  No.  2.  — Supplied  with  mantlets  for 
fifteen  embrasures.  The  work  on  the  road  con 
tinued. 

Battery  No.  3. —  Supplied  with  mantlets  for 
three  embrasures. 

Battery  No.  4. —  Four  13-inch  mortars  and 
three  beds  landed,  and  two  platforms  laid. 

Battery  No.  5. — No  change. 

Battery  No.  6. — Six  platforms  for  siege-guns 
taken  up  and  removed  to  battery  No.  10. 

Battery  No.  9. — Garrisoned  by  two  companies 
of  First  Connecticut  artillery,  and  four  10-inch 
mortars,  384  10-inch  shell  and  material  for  ten 
platforms  hauled  in. 

Battery  No.  10.— Garrisoned  by  one  company 
of  the  Fifth  New-York.  Materials  hauled  in  for 
four  platforms,  one  platform  laid,  and  two  ditto, 
partly  finished.  , 

Battery  No.  11. — Garrisoned  by  one  company, 
Fifth  New- York ;  getting  out  timber  and  hewing 
the  same  for  seacoast-mortar  platforms. 

Cheesemarfs  Landing.  —  Platform  material, 
20-pounder  Parrott  guns  and  a  large  quantity  of 
shell  landed. 

APRIL  30TH. — Battery  No.  1. — Opened  fire  at 
two  o'clock  P.M.  with  the  five  100-pounders  and 
one  200-pounder ;  the  fire  was  first  directed  at 
the  wharf  at  Yorktown,  where  the  enemy  were 
busily  engaged  discharging  six  or  seven  schoon 
ers  ;  the  vessels  were  soon  driven  off ;  the  en 
emy's  large  barbette  gun  was  directed  upon  us  at 
intervals  of  fifteen  or  twenty  minutes  ;  two  of  the 
100-pounders  were  turned  in  that  direction  with 
good  apparent  effect ;  the  fire  of  the  200-pounder 
was  directed  upon  the  vessels,  which  after  leaving 
Yorktown  wharf,  took  refuge  behind  Gloucester 
Point.  This  fire  was  very  effective.  The  en 
emy's  fire  was  well  directed  ;  but  the  protection 
afforded  by  the  battery  effectual,  and  their  fire 
caused  us  no  casualties  ;  Battery  No.  1  gives  us 
complete  control  of  the  enemy's  water-batteries 
and  wharves,  and  Gloucester.  The  expenditure 
Was  as  follows,  namely : 

Solid  shot  —  5  from  200-pounder,  one  from 
100-pounder  ;  shell  (percussion)  16,  all  from  100- 
pounder;  shell  (time-fuse)  13,  all  from  100 
pounder  ;  shell  filled  with  Greek-fire— 4. 

The  performance  of  the  guns  was  excellent  as 
was  also  that  of  the  iron  carriages  and  chassis. 
Most  of  the  percussion-shell  failed  to  explode, 
and  no  observable  effect  was  produced  by  the 
Greek-fire. 

Batteries  Nos.  2,  3  and  5. — No  change. 

Battery  No.  4. — One  mortar  transferred  from 
barge  and  two  mortars  mounted  and  now  ready 
for  service.  A  third  mortar  was  being  mounted, 
when  the  blocks  broke,  and  further  work  was 
delayed  for  repairs ;  315  shell  were  placed  in  the 
battery. 

Battery  No.  6.  —  Six  4^  inch  guns  removed  to 
battery  No.  10. 


Battery  No.  10. —  Six  platforms  for  4£-inch 
guns  laid,  and  six  guns  placed  in  position ;  one 
platform  for  100-pounder  hauled  to  the  battery. 

Battery  No.  11. — Materials  for  platforms  sup 
plied. 

Cheesemarfs  Landing. — The  following  material 
was  landed:  3  10-inch  seacoast  mortars  ;  3  10- 
inch  seacoast  mortar-beds  ;  4  20  pounder  Par 
rott  guns  and  carriages  ;  4  "Whitworth  guns ;  15 
13  inch  shell,  with  Greek  fire  ;  a  quantity  of 
platforms,  implements,  etc. 

I  beg  to  urge  the  necessity  of  immediate  fur 
ther  repairs  upon  the  road  near  Cheeseman'a 
Landing,  and  in  front  of  General  Hooker's  divi 
sion,  (Yorktown  road.)  It  is  impossible  to  haul 
heavy  guns  over  that  portion  of  the  road. 

MAY  IST,  1862.—  Battery  No.  1.— A  few  shots 
were  fired  this  afternoon  at  Yorktown  wharf, 
with  what  effect,  is  not  known,  as  the  fog  was 
thick.  Fire  at  the  rate  of  one  shot  per  hour  was 
maintained  at  this  battery  all  night,  to  prevent 
the  enemy's  transports,  which  were  driven  away 
yesterday  afternoon,  from  returning  to  discharge 
their  freight  under  cover  of  darkness.  Some  of 
the  pintle-blocks  have  started.  Kepairs  will  be 
made  at  once. 

Battery  No.. 2. — No  change  ;  a  working  party 
of  eighty  or  one  hundred  men  is  needed  to  com 
plete  the  road. 

Batteries  Nos.  3  and  5. — No  change. 

Battery  No.  4. — Two  more  mortars  mounted ; 
3  more  mortars  discharged ;  5  beds  discharged, 
and  4  platforms  laid. 

Battery  No.  6. — Six  4i-inch  guns  and  ammu 
nition  sent  to  battery  No.  10. 

Battery  No.  9. — Not  yet  ready  for  platforms, 
and  the  magazine  not  yet  completed. 

Battery  No.  10. — Garrisoned  by.  two  compa 
nies  of  Fifth  New  York  volunteers ;  6  platforms 
laid  for  4^-inch  guns,  and  the  6  guns  placed  in 
position  ready  for  service ;  magazine  supplied  with 
100  rounds  per  gun  for  6  guns ;  one  100-pounder 
platform  laid,  and  material  hauled  in  for  two 
more. 

Battery  No.  11. — Material  got  out,  of  hewn 
timber  for  foundations  for  four  10-inch  seacoast 
mortar  platforms  ;  magazine  nearly  completed. 

Battery  No.  12. — Garrisoned  by  one  company 
Fifth  New  York  volunteers ;  five  10-inch  siege- 
mortars  hauled  in  and  platforms  for  same ;  maga 
zine  not  yet  finished. 

Battery  No  13. — Not  yet  ready  for  its  garri 
son. 

Battery  No.  14. — Reported  ready  for  its  garri 
son  to-night ;  one  company  First  Connecticut  ar 
tillery  detailed,  and  platforms  will  be  laid  to 
morrow. 

Cheeseman's  Landing. — Four  20-pounders  ;  4 
Whitworth  guns,  and  5  platforms  for  100-pound 
ers,  landed  and  sent  up  to  depot ;  four  10-inch 
seacoast  mortars  landed,  and  a  large  quantity  of 
shot,  si  ell  and  implements  sent  from  landing  to 
depot 

MAY  2o,  1862.— Battery  No.  1. — Repairs  made 
to  the  platforms ;  sixty  shot  and  shell  fired  at  the 
enemy's  wharf  and  water  battery,  with  apparent 


DOCUMENTS. 


good  effect.  The  long-range  gun  in  the  enemy's 
high  bastion  is  believed  to  have  burst. 

Battery  No.  2. — Mantlets  put  up  in  embra 
sures  ;  one  4^-inch  gun  transferred  to  Battery 
No.  10. 

Batteries  3,  5  and  6, — No  change. 

Battery  No.  4. — Three  13-inch  mortars,  and 
3  beds  disembarked ;  4  platforms  laid  and  3  mor 
tars  mounted. 

Battery  No.  9.— Six  platforms  laid;  6  10- 
inch  siege-mortars  mounted. 

Battery  No.  10. — Three  platforms  for  100- 
pounders  laid;  3  chassis  and  3  carriages  for  100- 
pounders  in  position. 

Battery  No.  11. — Four  platforms  for  10-inch 
seacoast-mortars  laid ;  90  shell  received. 

Battery  No.  12. — Five  platforms  for  siege- 
mortars  laid,  and  2  10-inch  mortars  placed  in 
position. 

Battery  No.  13. — Not  yet  ready. 

Battery  No.  14.— Platforms  for  2  100-pounders 
carried  into  battery  ;  three  chassis  and  three  up 
per  carriages  for  ditto  received ;  2  8-inch  mortars ; 
100  shell,  and  8  barrels  of  gunpowder,  and  im 
plements  and  equipments  for  same,  sent  to  head 
quarters  of  General  Smith. 

Cheesemarts  Landing. — Six  chassis  for  100- 
pounder  guns  ;  6  carriages  for  ditto,  landed  and 
sent  to  depot.  Large  quantities  of  implements, 
ammunition  and  ordnance-stores  landed  and  sent 
to  depot.  I  have  again  most  urgently  to  request 
that  a  strong  working-party  be  sent  to  complete 
the  road  in  rear  of  No.  2. 

MAY  3D,  1862.—  Battery  No.  1.— Thirty-four 
shot  and  shell  fired  at  "big-gun  bastion"  and 
water-battery,  with  very  good  effect  at  the  latter. 

Battery  No.  2. — Completed  the  setting  up  of 
the  mantlets.  A  working-party  on  the  road  from 
12  M.  to  5  P.M. 

Battery  No.  3. — Completed  setting  up  of 
mantlets  ;  1  20-pounder  platform  laid,  and  1  ad 
ditional  20-pounder  Parrott  gun  placed  in  posi 
tion. 

Battery  No.  4. — This  battery  was  entirely 
completed  ;  platforms  all  laid  and  mortars  all 
mounted  at  nine  o'clock  A.M.  ;  one  hundred  bar 
rels  of  powder  placed  in  magazine,  and  imple 
ments  and  equipments  supplied.  The  battery  is 
now  ready  for  service. 

Battery  No.  5. — Two  additional  20-pounder 
guns  placed  in  position. 

Battery  No.  6. — Supplied  with  platforms  and 
with  634  10-inch  shell. 

Battery  No.  9. — Supplied  with  25  barrels  of 
powder,  and  implements  and  equipments.  This 
battery  is  now  ready  for  service. 

Battery  No.  10.— Laying  platforms  for  100- 
pounder,  and  placing  chassis  and  carriage  for 
ditto  in  position.  Two  badly  directed  shots  from 
No.  1  dropped  shells  into  this  battery  to-day,  of 
which  one  exploded,  fortunately  without  injury 
to  any  one. 

Battery   No.    11. — Remaining   platforms   laid 

and  ready  for  mortars  ;  magazine  completed ;  two 

beds  and  1    10-inch   seacoast-mortar  hauled  in 

and  placed  in  position  ;  100  more  shells  received ; 

SUP.  Doc.  17 


25  barrels  of  powder  placed  in  magazine,  with 
implements,  equipments,  etc.  This  battery  will 
be  fully  ready  for  service  in  twelve  hours  more. 

Battery  No.  12. — Remaining  platforms  laid, 
and  the  mortars  all  mounted  and  placed  in  posi 
tion  ;  magazine  completed  and  supplied  with  pow 
der,  fuses,  implements  and  equipments.  This 
battery  is  now  fully  ready  for  service. 

Battery  No.  13. — Engineers'  work  not  yet 
completed;  armament,  garrison  and  all  artillery 
equipment  and  supply  in  waiting.  The  battery 
can  be  made  ready  for  service  in  six  hours  after 
the  engineers  turn  it  over  to  the  artillery. 

Battery  No.  14.— Platforms  laid  for  3  100- 
pounder  Parrotts,  and  the  chassis  and  upper  car 
riages  placed  in  position  and  mounted.  The 
guns  and  ammunition  will  be  hauled  in  to-day, 
the  guns  mounted  to-night,  and  the  battery 
will  be  ready  for  service  at  daylight  to-morrow 
morning. 

MAY  4TH,  1862. — The  enemy  evacuated  the 
place  during  the  night,  and  the  United  States 
troops  took  possession  at  daylight. 

The  difficulties  attending  the  placing  in  position 
the  unusually  heavy  material  used  in  this  siege, 
were  very  much  increased  by  the  peculiarities  of 
the  soil,  and  by  the  continuance  of  heavy  rains 
during  the  greater  portion  of  the  operations. 
Oftentimes  the  heavier  guns,  in  their  transporta 
tion  of  three  miles  from  the  landing  to  the  bat 
teries,  would  sink  in  the  quicksands  to  the  axle- 
trees  of  their  travelling  carriages. 

The  efforts  of  the  best-trained  and  heaviest  of 
the  horses  of  the  artillery  reserve  were  of  no 
avail  in  the  attempts  to  extricate  them,  and  it 
became  necessary  to  haul  this  heavy  metal  by 
hand,  the  cannoneers  working  knee-deep  in  mud 
and  water.  In  these  labors  the  officers  and  men 
of  the  First  Connecticut  artillery  and  the  Fifth 
New- York  volunteers  exhibited  extraordinary 
perseverance,  alacrity,  and  cheerfulness.  It 
finally  became  necessary  to  construct  a  heavy 
corduroy  road,  wide  enough  for  teams  to  pass 
each  other,  the  whole  distance  from  the  landing 
to  the  depot. 

Whenever  it  was  practicable  to  use  horses, 
they  were  promptly  supplied  by  Col.  Hunt,  from 
the  batteries  of  the  artillery  reserve,  under  his 
command. 

At  the  suggestion  of  Major-General  McClellan, 
a  number  of  rope  mantlets,  on  the  plan  of  those 
used  by  the  Russians  at  Sebastopol,  were  con 
structed  in  New- York  under  the  supervision  of 
Col.  Delafield,  and  were  forwarded  to  me  with 
great  despatch.  They  were  placed  in  the  embra 
sures  of  Batteries  2  and  3,  and  would  doubtless 
have  fully  answered  the  same  good  purpose 
which  those  of  similar  construction  did  at  Se 
bastopol. 

Although  all  of  the  batteries  but  two,  (and 
they  required  but  six  hours  more  to  be  com 
pleted,)  were  fully  ready  for  service  when  the 
enemy  evacuated  his  works,  circumstances  per 
mitted  fire  to  be  opened  only  from  Battery  No.  1. 

The  ease  with  which  the  200  and  100-pounders 
of  this  battery  were  worked,  the  extraordinary 


270 


REBELLION  RECORD,  1862. 


accuracy  or  their  fire,  and  the  since  ascertained 
effects  produced  upon  the  enemy  by  it,  force 
upon  me  the  conviction  that  the  fire  of  guns  of 
similar  calibre  and  power  in  the  other  batteries 
at  much  shorter  ranges,  combined  with  the  cross- 
vertical  fire  of  the  13  and  10-inch  seacoast-mor- 
tars,  would  have  compelled  the  enemy  to  surren 
der  or  abandon  his  works  in  less  than  twelve 
hours. 

It  will  always  be  a  source  of  great  professional 
disappointment  to  me  that  the  enemy,  by  his 
premature  and  hasty  abandonment  of  his  defen 
sive  line,  deprived  the  artillery  of  the  army  of 
the  Potomac  of  the  opportunity  of  exhibiting 
the  superior  power  and  efficiency  of  the  unusually 
heavy  metal  used  in  this  siege,  and  of  reaping 
the  honor  and  just  reward  of  their  unceasing 
labors,  day  and  night,  for  nearly  one  month. 

In  conclusion,  I  beg  to  present  the  names  of 
Colonel  Tyler,  Majors  Kellogg,  Hemmingway  and 
Trumbull,  and  Captains  Perkins  and  Burke,  First 
Connecticut  artillery;  Major  Alexander  Doull, 
Second  New- York  artillery;  Col.  Warren,  Lieut.  - 
Col.  Duryea,  Major  Hull,  and  Captain  YVinslow, 
Fifth  New-York  volunteers,  as  conspicuous  for 
intelligence,  energy,  and  good  conduct  under  fire. 

My  assistant,  Major  Webb,  (Captain  Eleventh 
United  States  infantry,)  and  my  aids-de-camp, 
First  Lieut.  John  E.  Marshall,  Second  New-York 
artillery,  and  First  Lieut.  A.  G.  Verplanck,  Sixty- 
fifth  regiment  New- York  volunteers,  carried  my 
orders,  day  and  night,  frequently  under  fire,  with 
promptness  and  good  judgment.  The  conduct  of 
Major  Webb,  in  running  the  13-inch  seacoast- 
mortars,  with  their  material  and  ammunition,  into 
the  mouth  of  Wormley  Creek,  under  the  fire  of 
the  enemy,  was  particularly  conspicuous  for  per 
severance,  and  great  coolness,  and  gallantry. 

The  services  of  several  artillery  officers  were 
valuably  employed  in  superintending  the  con 
struction  of  gun  and  mortar-batteries,  magazines, 
splinter  proofs,  traverses,  fascines,  and  gabions. 
As  they  were  under  the  exclusive  orders  of  Gene 
ral  Barnard,  Chief  Engineer,  I  leave  it  for  him 
to  bring  their  names  and  services  to  the  notice  of 
the  Major-General  Commanding. 

I  am,  General,  very  respectfully,  your  obedient 
srvant,  WILLIAM  F.  BARRY, 

Brigadier-General,  Chief  of  Artillery. 


servant, 


(Doc.  46.) 
CONSCRIPTION  LAW. 

AN   ACT   FOR   ENROLLING   AND    CALLING   OUT    THE 
NATIONAL    FORCES,   AND    POR    OTHER    PURPOSES.* 

Whereas,  There  now  exist  in  the  United  States 
an  insurrection  and  rebellion  against  the  author 
ity  thereof,  and  it  is,  under  the  Constitution  of 
the  United  States,  the  duty  of  the  Government  to 
suppress  insurrection  and  rebellion,  to  guarantee 
to  each  state  a  republican  form  of  government, 
and  to  preserve  the  public  tranquillity ;  and 

*  Passed  by  the  House  of  Representatives  February  twenty- 
ftfth  and  by  the  Senate  February  twenty -eighth,  1863. 


whereas,  for  these  high  purposes,  a  military  force 
is  indispensable,  to  raise  and  support  which  all 
persons  ought  willingly  to  contribute  ;  and 
whereas,  no  service  can  be  more  praiseworthy 
and  honorable  than  that  which  is  rendered  for 
the  maintenance  of  the  Constitution  and  Union, 
and  the  consequent  preservation  of  free  govern 
ment  :  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Re 
presentatives  of  the  United  States  of  America, 
in  Congress  assembled,  That  all  able-bodied  male 
citizens  of  the  United  States,  and  persons  of  for 
eign  birth,  who  have  declared  on  oath  their  inten 
tion  to  become  citizens  under  and  in  pursuance 
of  the  laws  thereof,  and  who  have  exercised  the 
right  of  suffrage  in  any  State,  between  the  ages  of 
twenty  and  forty-five  years,  except  as  hereinafter 
excepted,  are  hereby  declared  to  constitute  the 
national  forces,  and  shall  be  liable  to  perform 
military  duty  in  the  service  of  the  United  States 
when  called  out  by  the  President  for  that  pur 
pose. 

SEC.  2.  And  be  it  further  enacted,  That  the 
following  persons  be,  and  they  are  hereby  ex 
cepted  and  exempt  from  the  provisions  of  this 
act,  and  shall  not  be  liable  to  military  duty  under 
the  same,  to  wit :  Such  as  are  rejected  as  phy 
sically  or  mentally  unfit  for  the  service  ;  also, 
first,  the  Vice-President  of  the  United  States,  the 
Judges  of  the  various  Courts  of  the  United  States, 
the  heads  of  the  various  Executive  Departments 
of  the  Government,  and  the  Governors  of  the 
several  States  ;  second,  the  only  son,  liable  to 
military  duty,  of  a  widow,  dependent  upon  his 
labor  for  support ;  third,  the  only  son  of  aged  or 
infirm  parent  or  parents  dependent  upon  his  labor 
for  support ;  fourth,  where  there  are  two  or  more 
sons  of  aged  or  infirm  parents  subject  to  draft, 
the  father,  or  if  he  be  dead,  the  mother  may  elect 
which  son  shall  be  exempt ;  fifth,  the  only  bro 
ther  of  children  not  twelve  years  old,  having 
neither  father  nor  mother,  and  dependent  upon  his 
labor  for  support ;  sixth,  the  father  of  motherless 
children  under  twelve  yc&rs  of  age,  dependent 
upon  his  labor  for  support ;  seventh,  where  there 
are  a  father  and  sons  in  the  same  family  and 
household,  and  two  of  them  are  in  the  military 
service  of  the  United  States  as  non-commissioned 
officers,  musicians,  or  privates,  the  residue  of 
such  family  and  household,  not  exceeding  two, 
shall  be  exempt ;  and  no  persons  but  such  as  are 
herein  excepted  shall  be  exempt ;  Provided,  hotc- 
ever,  That  no  person  who  has  been  convicted  of 
any  felony  shall  be  enrolled  or  permitted  to  serve 
in  said  forces. 

SEC.  3.  And  be  it  further  enacted,  That  the 
national  forces  of  the  United  States,  not  now  in 
the  military  service,  enrolled  under  this  act,  shall 
be  divided  into  two  classes,  the  first  of  which 
shall  comprise  all  persons  subject  to  do  military 
duty  between  the  ages  of  twenty  and  thirty-five 
years,  and  all  unmarried  persons  subject  to  do 
military  duty  above  the  age  of  thirty-five  and 
under  the  age  of  forty-five ;  the  second  class  shall 
comprise  all  other  persons  subject  to  do  military 
duty,  and  they  shall  not,  in  any  district,  be  called 


DOCUMENTS. 


271 


into  the  service  of  the  United  States  until  those 
of  the  first  class  shall  have  been  called. 

SEC.  4.  And  ~be  it  further  enacted,  That  for 
greater  convenience  in  enrolling,  calling  out  and 
organizing  the  national  forces,  and  for  the  arrest 
of  deserters  and  spies  of  the  enemy,  the  United 
States  shall  be  divided  into  districts,  of  which  the 
District  of  Columbia  shall  constitute  one,  each 
Territory  of  the  United  States  shall  constitute  one 
or  more,  as  the  President  shall  direct,  and  each 
Congressional  district  of  the  respective  States, 
as  fixed  by  a  law  of  the  State  next  preceding  the 
enrolment,  shall  constitute  one  :  Provided,  That 
in  States  which  have  not  by  their  laws  been  di 
vided  into  two  or  more  Congressional  districts, 
the  President  of  the  United  States  shall  divide 
the  same  into  so  many  enrolment  districts  as  he 
may  deem  fit  and  convenient. 

SEC.  5.  And  be  it  further  enacted,  That  for 
each  of  said  districts  there  shall  be  appointed  by 
the  President  a  Provost-Marshal,  with  the  rank, 
pay,  and  emoluments  of  a  captain  of  cavalry,  or 
an  officer  of  said  rank  shall  be  detailed  by  the 
President,  who  shall  be  under  the  direction  and 
subject  to  the  orders  of  a  Provost-Marshal  Gene 
ral,  appointed  or  detailed  by  the  President  of  the 
United  States,  whose  office  shall  be  at  the  seat 
of  Government,  forming  a  separate  bureau  of  the 
War  Department,  and  whose  rank,  pay,  and 
emoluments  shall  be  those  of  a  colonel  of  cavalry. 

SEC.  6.  And  be  it  further  enacted,  That  it 
shall  be  the  duty  of  the  Provost-Marshal  General, 
with  the  approval  of  the  Secretary  of  War,  to 
make  rules  and  regulations  for  the  government 
of  his  subordinates ;  to  furnish  them  with  the 
names  and  residences  of  all  deserters  from  the 
army  or  any  of  the  land  forces  in  the  service  of 
the  United  States,  including  the  militia,  when  re 
ported  to  him  by  the  commanding  officers  ;  to 
communicate  to  them  all  orders  of  the  President 
in  reference  to  calling  out  the  national  forces  ;  to 
furnish  proper  blanks  and  instructions  for  enroll 
ing  and  drafting ;  to  file  and  preserve  copies  of 
all  enrolment  lists  ;  to  require  stated  reports  of 
all  proceedings  on  the  part  of  his  subordinates  ; 
to  audit  all  accounts  connected  with  the  service 
under  his  direction,  and  to  perform  such  other 
duties  as  the  President  may  prescribe  in  carrying 
out  the  provisions  of  this  act. 

SEC.  7.  And  be  it  further  enacted,  That  it 
shall  be  the  duty  of  the  Provost-Marshals  to 
arrest  all  deserters,  whether  regulars,  volunteers, 
militiamen,  or  persons  called  into  the  service 
under  this  or  any  other  act  of  Congress,  wherever 
they  may  be  found,  and  to  send  them  to  the 
nearest  military  commander  or  rnili'tary  post ;  to 
detect,  seize,  and  confine  spies  of  the  enemy  who 
shall,  without  unreasonable  delay,  be  delivered  to 
the  custody  of  the  general  commanding  the  de 
partment  in  which  they  may  be  arrested,  to  be 
tried  as  soon  as  the  exigencies  of  the  service  per 
mit  ;  to  obey  all  lawful  orders  and  regulations 
of  the  Provost-Marshal  General,  and  such  as  may 
be  prescribed  by  law,  concerning  the  enrolment 
Mid  calling  into  service  of  the  national  forces. 

Sac.  8.   And  be  it  farther  enacted^  That  in 


each  of  said  districts  there  shall  be  a  board  of  en 
rolment,  to  be  composed  of  the  Provost-Marshal, 
as  president,  and  two  other  persons,  to  be  ap 
pointed  by  the  President  of  the  United  States, 
one  of  whom  shall  be  a  licensed  and  practising 
physician  and  surgeon. 

SEC.  9.  And  be  it  further  enacted,  That  it 
shall  be  the  duty  of  the  said  board  to  divide  the 
district  into  sub-districts  of  convenient  size,  if 
they  shall  deem  it  necessary,  not  exceeding  two, 
without  the  direction  of  the  Secretary  of  War, 
and  to  appoint,  on  or  before  the  tenth  day  of 
March  next,  and  in  each  alternate  year  thereafter, 
an  enrolling  officer  for  each  sub-district,  and  to 
furnish  him  with  proper  blanks  and  instructions ; 
and  he  shall  immediately  proceed  to  enroll  all 
persons  subject  to  military  duty,  noting  their  re 
spective  places  of  residence,  ages  on  the  first  day 
of  July  following,  and  their  occupation ;  and 
shall,  on  or  before  the  first  day  of  April,  report 
the  same  to  the  board  of  enrolment,  to  be  con 
solidated  into  one  list,  a  copy  of  which  shall  be 
transmitted  to  the  Provost-Marshal  General  on  or 
before  the  first  day  of  May  succeeding  the  enrol 
ment.  Provided,  nevertheless,  That  if,  from  any 
cause,  the  duties  prescribed  by  this  section  can 
not  be  performed  within  the  time  specified,  then 
the  same  shall  be  performed  as  soon  thereafter  as 
practicable. 

SEC.  10.  And  be  it  further  enacted,  That  the 
enrolment  of  each  class  shall  be  made  separately 
and  they  shall  only  embrace  those  whose  ages 
shall  be  on  the  first  day  of  July  thereafter  be 
tween  twenty  and  forty-five  years. 

SEC.  11.  And  be  it  further  enacted,  That  all 
persons  thus  enrolled  shall  be  subject,  for  two 
years  after  the  first  day  of  July  succeeding  the 
enrolment,  to  be  called  into  the  military  service 
of  the  United  States,  and  to  continue  in  service 
during  the  present  rebellion,  not,  however,  ex 
ceeding  the  term  of  three  years ;  and  when  called 
into  service  shall  be  placed  on  the  same  footing, 
in  all  respects,  as  volunteers  for  three  years,  or 
during  the  war,  including  advance  pay  and 
bounty  as  now  provided  by  law. 

SEC.  12.  And  be  it  further  enacted,  That 
whenever  it  may  be  necessary  to  call  out  the  na 
tional  forces  for  military  service,  the  President  is 
hereby  authorized  to  assign  to  each  district  the 
number  of  men  to  be  furnished  by  said  district ; 
and  thereupon  the  enrolling  board  shall,  under 
the  direction  of  the  President,  make  a  draft  of 
the  required  number,  and  fifty  per  centum  in  ad 
dition,  and  shall  make  an  exact  and  complete  roll 
of  the  names  of  the  persons  so  drawn,  and  of  the 
order  in  which  they  were  drawn,  so  that  the  first 
drawn  may  stand  first  upon  the  said  roll,  and  the 
second  may  stand  second,  and  so  on.  And  the 
persons  so  drawn  shall  be  notified  of  the  same 
within  ten  days  thereafter  by  a  written  or  printed 
notice,  to  be  served  personally  or  by  leaving  a 
copy  at  the  last  place  of  residence,  requiring  them 
to  appear  at  a  designated  rendezvous,  and  report 
for  duty.  In  assigning  to  the  districts  the  num 
ber  of  men  to  be  furnished  therefrom,  the  Presi 
dent  shall  take  into  consideration  the  number  of 


272 


REBELLION  RECORD,  1862. 


volunteers  and  militia  furnished  by  and  from  the 
several  States,  for  the  service  of  the  United 
States,  in  which  said  districts  are  situated, 
and  the  period  of  their  service  since  the  com 
mencement  of  the  present  rebellion,  and  shall  so 
make  said  assignment  as  to  equalize  the  numbers 
among  the  districts  of  the  several  States,  consid 
ering  and  allowing  for  the  numbers  already  fur 
nished  as  aforesaid,  and  the  time  of  their  service. 

SEC.  13.  And  be  it  further  enacted,  That  any 
person  drafted  and  notified  to  appear  as  afore 
said,  may,  on  or  before  the  day  fixed  for  his  ap 
pearance,  furnish  an  acceptable  substitute  to  take 
his  place  in  the  draft,  or  he  may  pay  to  such 
person  as  the  Secretary  of  War  may  authorize  to 
receive  it,  such  sum,  not  exceeding  three  hundred 
dollars,  as  the  Secretary  of  War  may  determine, 
for  the  procuration  of  such  substitute,  which  surn 
shall  be  fixed  at  a  uniform  rate  by  a  general  or 
der  made  at  the  time  of  ordering  a  draft  for 
any  State  or  Territory ;  and  thereupon  such  per 
son  so  furnishing  the  substitute  or  paying  the 
money  shall  be  discharged  from  further  liability 
under  that  draft;  and  any  person  failing  to 
report  after  due  service  of  notice  as  herein  pre 
scribed,  without  furnishing  a  substitute  or  paying 
the  required  sum  therefor,  shall  be  deemed  a  de 
serter,  and  shall  be  arrested  by  the  Provost-Mar 
shal  and  sent  to  the  nearest  military  post  for  trial 
by  court-martial ;  unless,  upon  proper  showing 
that  he  is  not  liable  to  do  military  duty,  the 
board  of  enrolment  shall  relieve  him  from  the  draft. 

SEC.  14.  And  be  it  farther  enacted,  That  all 
drafted  persons  shall,  on  arriving  at  the  ren 
dezvous,  be  carefully  inspected  by  the  surgeon  of 
the  board,  who  shall  truly  report  to  the  board  the 
physical  condition  of  each  one ;  and  all  persons 
drafted  and  claiming  exemption  from  military 
duty  on  account  of  disability,  or  any  other  cause, 
shall  present  their  claims  to  be  exempted  to  the 
board,  whose  decision  shall  be  final. 

SEC.  15.  And  be  it  further  enacted,  That  any 
surgeon  charged  with  the  duty  of  such  inspec 
tion,  who  shall  receive  from  P.ny  person  whomso 
ever,  any  money  or  other  valuable  thing,  or  agree 
directly  or  indirectly  to  receive  the  same  to  his 
own  or  another's  use  for  making  an  imperfect  in 
spection  or  a  false  or  incorrect  report,  or  who 
shall  wilfully  neglect  to  make  a  faithful  inspec 
tion  and  true  report,  shall  be  tried  by  a  court- 
martial,  and,  on  conviction  thereof,  be  punished 
by  fine  not  exceeding  five  hundred  dollars  nor 
less  than  two  hundred,  and  be  imprisoned  at  the 
discretion  of  the  Court,  and  be  cashiered  and  dis 
missed  from  the  service. 

SEC.  16.  And  be  it  further  enacted,  That  as 
soon  as  the  required  number  of  able-bodied  men 
liable  to  do  military  duty  shall  be  obtained  from 
the  list  of  those  drafted,  the  remainder  shall  be 
discharged ;  and  all  drafted  persons  reporting  at 
the  place  of  rendezvous  shall  be  allowed  travelling 
pay  from  their  places  of  residence ;  and  all  per 
sons  discharged  at  the  place  of  rendezvous  shall 
be  allowed  travelling  pay  to  their  places  of  resid 
ence  ;  and  all  expenses  connected  with  the  en 
rolling  and  draft,  including  ^subsistence  while  at 


•  the  rendezvous,  shall  be  paid  from  the  appropria 
tion  for  enrolling  and  drafting,  under  such  regu 
|  lations  as  the  President  of  the  United   Statea 
j  shall  prescribe ;  and  all  expenses  connected  with 
i  the  arrest  and  return  of  deserters  to  their  regi- 
I  ments,  or  such  other  duties  as  the  Provost-Mar- 
!  shals  shall  be  called  upon  to  perform,  shall  be 
j  paid  from  the  appropriation  for  arresting  desert- 
|  ers  under  such  regulations  as  the  President  of 
J  the   United   States   shall   prescribe:    Provided^ 
The  Provost-Marshals   shall  in  no  case  receive 
commutation  for  transportation  or  for  fuel  and 
quarters,  but  only  for  forage,  when  not  furnished 
I  by  the  Government,  together  with  actual  expenses 
:  of  postage,  stationery,  and  clerk-hire  authorized 
I  by  the  Provost-Marshal  General. 

SEC.  17.  And  be  it  further  enacted,  That  any 
!  person  enrolled  and  drafted  according  to  the  pro 
visions  of  this  act  who  shall  furnish  an  acceptable 
substitute,  shall  thereupon  receive  from  the  board 
of  enrolment  a  certificate  of  discharge  from  such 
draft,  which  shall  exempt  him  from  military  duty 
during  the  time  for  which  he  was  drafted,  and 
;  such  substitute  shall  be  entitled  to  the  same  pay 
|  and  allowances  provided  by  law  as  if  he  had 
;  been  originally  drafted  into  the  service  of  the 
I  United  States. 

SEC.  18.  And  be  it  further  enacted,  That  such 
|  of  the  volunteers  and  militia  now  in  the  service 
I  of  the  United  States  as  may  recnlist  to  serve  one 
'  year,  unless  sooner  discharged,  after  the  expira- 
|  lion  of  their  present  term  of  service,  shall  be  en- 
j  titled  to  a  bounty  of  $50,  one  half  of  which  to  be 
I  paid  upon  such  reenlistment,  and  the  balance  at 
j  the  expiration  of  the  term  of  reenlistment.  And 
!  such  as  may  reenlist  to  serve  for  two  years,  un- 
:  less  sooner  discharged,  after  the  expiration  of 
their  present  term  of  enlistment,  shall  receive, 
|  upon  such  reenlistment,  $25  of  the  $100  bounty 
|  for  enlistment,  provided  by  the  fifth  section  of 
j  the  act  approved  22d  of  July,  -1801,  entitled,  "  An 
j  act  to  authorize  the  employment  of  volunteers  to 
aid  in  enforcing  the  laws  and  protecting  public 
property." 

j      SEC.    19.    And  be  it  further   enacted,    That 
whenever  a  regiment  of  volunteers  of  the  same 
,  arm,  from  the  same  State,  is  reduced  to  one  half 
of  the  maximum  number  prescribed  by  law,  the 
i  President  may  direct   the   consolidation   of  the 
j  companies  of  such  regiment:  Provided,  That  no 
!  company  so  formed  shall  exceed  the  maximum 
j  number  prescribed  by  law.     When  such  consoli 
dation  is  made,  the  regimental  officers  shall  be 
reduced  in  proportion  to  the  reduction    in  the 
number  of  companies. 

SEC.  20.  And  be  it  further  enacfed,  That  when 
ever  a  regiment  is  reduced  below  the  minimum 
I  number  allowed  by  law,  no  officers  shall  be  ap- 
j  pointed  in  such  regiment  beyond  those  necessary 
for  the  command  of  such  reduced  number. 

SEC.  21.  And  be  it  further  enacted,  That  so 
much  of  the  fifth  section  of  the  act  approved  iVth 
July,  1802,  entitled,  "  An  act  to  amend  an  act 
calling  forth  the  militia  to  execute  the  laws  of 
the  Union,"  and  so  forth,  as  requires  the  approval 
of  the  President  to  carry  into  execution  the  sen- 


DOCUMENTS. 


tence  of  a  court-martial,  be,  and  the  same  is  here- 1  fully  dissuade  them  from  the  performance  of  mili- 
by,  repealed,  as  far  as  relates  to  carrying  into   tary  duty  as  required  by  law,  such  person  shall 

1  '  be  subject  to  summary  arrest  by  the  Provost- 
Marshal,  and  shall  be  forthwith  delivered  to  the 


execution  the  sentence  of  any  court  -  martial 
against  any  person  convicted  as  a  spy  or  desert 
er,  or  of  mutiny  or  murder ;  and  hereafter  sen 
tences  in  punishment  of  these  offences  may  be 
carried  into  execution  upon  the  approval  of  the 
commanding  general  in  the  field. 

SEC.  22.  And  be  it  further  exacted,  That 
courts-martial  shall  have  power  to  sentence  offi 
cers  who  shall  absent  themselves  from  their  com 
mands  without  leave,  to  be  reduced  to  the  ranks 
to  serve  three  years  or  during  the  war. 


civil  authorities,  and  upon  conviction  thereof,  be 
punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment,  not  exceeding  two 
years,  or  by  both  of  said  punishments. 

SEC.  26.  And  be  it  further  enacted,  That,  im 
mediately  after  the  passage  of  this  act,  the  Presi 
dent  shall  issue  his  proclamation,  declaring  that 
all  soldiers  now  absent  from  their  regiments 
without  leave,  may  return  within  a  time  speci- 


SEC.  23.  And  be  it  further  enacted,  That  the  fied,  to  such  place  or  places  as  he  may  indicate 
clothes,  arms,  military  outfits,  and  accoutrements  j  in  his  proclamation,  and  be  restored  to  their  re 
furnished  by  the  United  States  to  any  soldier,  spective  regiments  without  punishment,  except 
shall  not  be  sold,  bartered,  exchanged,  pledged,  the  forfeiture  of  their  pay  and  allowances  during 
loaned,  or  given  away ;  and  no  person  not  a  sol- 1  their  absence ;  and  all  deserters  who  shall  not  re- 
dier,  or  duly  authorized  officer  of  the  United  turn  within  the  time  so  specified  by  the  Presi- 


States,  who  has  possession  of  any  such  clothes, 
arms,  military  outfits,  or  accoutrements  furnished 


dent,  shall,  upon  being  arrested,  be  punished  as 
the  law  provides. 


as  aforesaid,  and  which  have  been  the  subjects  of  SEC.  27.  And  be  it  further  enacted,  That  depo- 
any  such  sale,  barter,  exchange,  pledge,  loan,  or  j  sitions  of  witnesses  residing  beyond  the  limits  of 
gift, 


any  such  sale,  barter,  exchange,  pledge,  loan,  or 
shall  have  any  right,  title,  or  interest  there 
in  ;  but  the  same  may  be  seized  and  taken  wher 
ever  found  by  an}7  officer  of  the  United  States, 
civil  or  military,  and  shall  thereupon  be  delivered 
to  any  quartermaster  or  other  officer  authorized 
to  receive  the  same ;  and  the  possession  of  any 
such  clothes,  arms,  military  outfits,  or  accoutre 
ments  by  any  person  not  a  soldier  or  officer  of 
the  United  States  shall  be  prima  facie  evidence 
of  such  a  sale,  barter,  exchange,  pledge,  loan,  or 
gift  as  aforesaid. 

SEC.  24.  And  be  it  further  enacted,  That  every 
person  not  subject  to  the  rules  and  articles  of  war 
wrho  shall  procure  or  entice,  or  attempt  to  pro 
cure  or  entice,  a  soldier  in  the  service  of  the 
United  States  to  desert,  or  who  shall  harbor, 
conceal,  or  give  employment  to  a  deserter,  or 
carry  him  away,  or  aid  in  carrying  him  away, 
knowing  him  to  be  such,  or  who  shall  purchase 
from  any  soldier  his  arms,  equipments,  ammuni 
tion,  uniform,  clothing,  or  any  part  thereof;  and 
any  captain  or  commanding  officer  of  any  ship  or 
vessel,  or  any  superintendent  or  conductor  of 
any  railroad,  or  any  other  public  conveyance, 
carrying  away  any  such  soldier  as  one  of  his  crew 
or  otherwise,  knowing  him  to  have  deserted,  or 
shall  refuse  to  deliver  him  up  to  the  orders  of  his 
commanding  officer,  shall,  upon  legal  conviction, 
be  fined,  at  the  discretion  of  the  court  having 
cognizance  of  the  same,  in  any  sum  not  exceed 
ing  five  hundred  dollars,  and  he  shall  be  impris 
oned  not  exceeding  two  years,  nor  less  than  six 
months. 

SEC.  25.  And  be  it  further  enacted,  That  if 
any  person  shall  resist  any  draft  of  men  enrolled 
under  this  act  into  the  service  of  the  United 
States,  or  shall  counsel  or  aid  any  person  to  re 
sist  any  such  draft,  or  shall  assault  or  obstruct 
any  officer  in  making  sucfi  draft,  or  in  the  per 
formance  of  any  service  relating  thereto,  or 
shall  counsel  any  person  to  assault  or  obstruct 
any  such  officer,  or  shall  counsel  any  drafted  men 
not  to  appear  at  the  place  of  rendezvous,  or  wil- 


the  State,  territory,  or  district  in  which  military 
courts  shall  be  ordered  to  sit,  may  be  taken  in 
cases  not  capital  by  either  party,  and  read  in 
evidence,  provided  the  same  shall  be  taken  upon 
reasonable  notice  to  the  opposite  party,  and  duly 
authenticated. 

SEC.  28.  And  be  it  further  enacted,  That  the 
judge-advocate  shall  have  power  to  appoint  a  re 
porter,  whose  duty  it  shall  be  to  record  the  pro 
ceedings  of  and  testimony  taken  before  military 
courts,  instead  of  the  judge-advocate ;  and  such 
reporter  may  take  down  such  proceedings  and 
testimony  in  the  first  instance  in  short-hand. 
The  reporter  shall  be  sworn  or  affirmed  faithfully 
to  perform  his  duty  before  entering  upon  it. 

SEC.  29.  And  be  it  further  enacted,  That  the 
court  shall,  for  reasonable  cause,  grant  a  continu 
ance  to  either  party  for  such  time  and  as  often 
as  shall  appear  to  be  just :  Provided,  That  if  the 
prisoner  be  in  close  confinement,  the  trial  shall 
not  be  delayed  for  a  period  longer  than  sixty 
days. 

SEC.  30.  And  be  it  further  enacted,  That  in 
time  of  war,  insurrection,  or  rebellion,  murder, 
assault  and  battery,  with  an  intent  to  kill,  man 
slaughter,  mayhem,  wounding  by  shooting  or 
stabbing,  with  an  intent  to  commit  murder,  rob 
bery,  arson,  burglary,  rape,  assault  and  battery, 
with  an  intent  to  commit  rape,  and  larceny,  shall 
be  punishable  by  the  sentence  of  a  general  court- 
martial  or  military  commission  when  committed 
by  persons  who  are  in  the  military  service  of  the 
United  States,  and  subject  to  the  articles  of  war; 
and  the  punishments  for  such  offences  shall  never 
be  less  than  those  inflicted  by  the  laws  of  the 
State,  territory,  or  district  in  which  they  may 
have  been  committed. 

SEC.  31.  And  be  it  further  enacted,  That  any 
officer  absent  from  duty  with  leave,  except  from 
sickness  or  wounds,  shall,  during  his  absence,  re 
ceive  half  of  the  pay  and  allowances  prescribed 
by  law,  and  no  more ;  and  any  officer  absen 
without  leave,  shall,  in  addition  to  the  penalties 


274 


REBELLION  RECORD,  1862. 


prescribed  by  law  or  a  court-martial,  forfeit  all 
pay  or  allowances  during  such  absence. 

SEC.  32.  And  be  it  further  enacted,  That  the 
commanders  of  regiments  and  of  batteries  in  the 
field  are  hereby  authorized  and  empowered  to 
grant  furloughs  for  a  period  not  exceeding  thirty 
days  at  any  one  time  to  five  per  centum  of  the 
non-commissioned  officers  and  privates,  for  good 
conduct  in  the  line  of  duty,  and  subject  to  the 
approval  of  the  commander  of  the  forces  of  which 
such  non-commissioned  officers  and  privates  form 
a  part. 

SEC.  33.  And  be  it  further  enacted,  That  the 
President  of  the  United  States  is  hereby  author 
ized  and  empowered,  during  the  present  rebel 
lion,  to  call  forth  the  national  forces  by  draft  in 
the  manner  provided  for  in  this  act. 

SEC.  34.  And  be  it  further  enacted,  That  all 
persons  drafted  under  the  provisions  of  this  act 
shall  be  assigned  by  the  President  to  military 
duty  in  such  corps,  regiments,  or  other  branches 
of  the  service  as  the  exigencies  of  the  service  may 
require. 

SEC.  35.  And  be  it  further  enacted,  That  here 
after  details  to  special  service  shall  only  be  made 
with  the  consent  of  the  commanding  officer  of 
forces  in  the  field;  and  enlisted  men,  now  or 
hereafter  detailed  to  special  service,  shall  not  re 
ceive  any  extra  pay  for  such  service  beyond  that 
allowed  to  other  enlisted  men. 

SEC.  36.  And  be  it  further  enacted,  That  gen 
eral  orders  of  the  War  Department,  numbered 
one  hundred  and  fifty-four  and  one  hundred  and 
sixty-two,  in  reference  to  enlistments  from  the 
volunteers  into  the  regular  service,  be,  and  the 
same  are  hereby,  rescinded.  And  hereafter  no 
such  enlistments  shall  be  allowed. 

SEC.  37.  And  be  it  farther  enacted,  That  the 
grades  created  in  the  cavalry  forces  of  the  United 
States  by  section  eleven  of  the  act  approved  17th 
July,  1802,  and  for  which  no  rate  of  compensa 
tion  has  been  provided,  shall  be  paid  as  follows, 
to  wit :  Regimental  commissary  the  same  as  re 
gimental  quartermaster;  chief  trumpeter  the 
same  as  chief  bugler ;  the  saddler  sergeant  the 
same  as  regimental  commissary  sergeant ;  com 
pany  commissary  sergeant  the  same  as  company 
quartermaster's  sergeant:  Provided,  That  the 
grade  of  supernumerary  second  lieutenant  and 
two  teamsters  for  each  company,  and  one  chief 
farrier  and  blacksmith  for  each  regiment,  as  al 
lowed  by  said  section  of  that  act,  be,  and  they 
are  hereby,  abolished ;  and  each  cavalry  company 
may  have  two  trumpeters,  to  be  paid  as  buglers ; 
and  each  regiment  shall  have  one  veterinary  sur 
geon,  with  the  rank  of  a  regimental  sergeant- 
major,  whose  compensation  shall  be  seventy-five 
dollars  per  month. 

SEC.  38.  And  be  it  further  enacted,  That  all 
persons  who  in  time  of  war  or  of  rebellion  against 
the  supreme  authority  of  the  United  States,  shall 
be  found  lurking  or  acting  as  spies  in  or  about 
any  of  the  fortifications,  posts,  quarters,  or  en 
campments  of  any  of  the  armies  of  the  United 
States,  or  elsewhere,  shall  be  triable  by  a  general 


court-martial  or  military  commission,  and  shall, 
upon  conviction,  suffer  death. 


Doc.  47. 
THE    BATTLE     OF     GLENDALE,    VA. 

REPORT  OP  MAJOR-GENERAL  IIEINTZELMAN. 

HEADQUARTERS  THIRD  CORPS,  ARMT  OF  THE  POTOMAC.  J 
CAMP  NKAR  HARRISON'S  BAR,  Va.,  July  21,  1862.      J 

Gen.  S.  Williams,  A.A.G.,  Headquarters: 

GENERAL  :  I  have  the  honor  to  make  a  report 
of  the  operations  of  my  corps  after  the  action  of 
the  twenty-fifth  of  June,  and  to  include  the  bat 
tle  of  Glendale  or  Nelson's  Farm. 

On  the  night  of  the  twenty-eighth  of  June  I 
received  orders  to  withdraw  the  troops  of  my 
corps  from  the  advanced  position  they  had  taken 
on  the  twenty-fifth  of  June,  and  to  occupy  the 
intrenched  lines  about  a  mile  in  rear.  About 
sunrise  the  next  day  our  troops  slowly  fell  back 
to  the  new  position,  cautiously  followed  by  the 
enemy,  taking  possession  of  our  camps  as  soon 
as  we  left  them.  A  map  was  sent  me,  showing 
the  positions  Gen.  Sumner's  and  Gen.  Franklin's 
corps  would  occupy. 

From  some  misapprehension,  General  Sumner 
held  a  more  advanced  position  than  was  indicat 
ed  on  the  map  furnished  me,  thus  leaving  a  space 
of  about  three  fourths  of  a  mile  between  the  right 
of  his  corps  and  Gen.  Smith's  division  of  General 
Franklin's  corps. 

The  night  of  the  twenty-seventh  of  June  I  was 
sent  for  to  general  headquarters,  and  was  there 
informed  of  the  determination  to  change  our  base 
of  operations  to  James  River. 

I  returned  to  my  headquarters  at  Savage's 
Station,  where  I  remained  on  the  twenty-eighth 
and  the  twenty-ninth,  urging  the  artillery  and 
wagons  across  the  railroad.  I  had  another 
crossing  prepared  a  short  distance  below,  which 
much  facilitated  the  operation.  By  half-past  ten 
A.M.  the  second  day  all  had  passed. 

At  eleven  A.M.  on  the  tvvent}r-ninth  the  enemy 
commenced  an  attack  on  Gen  Sumner's  troops,  a 
few  shells  falling  within  my  lines.  Late  in  the 
forenoon  reports  reached  me  that  the  rebels  were 
in  possession  of  Dr.  Trent's  house,  only  a  mile 
and  a  half  from  Savage's.  I  sent  several  cavalry 
reconnoissances,  and  finally  was  satisfied  of  the 
fact.  Gen.  Franklin  came  to  my  headquarters, 
when  I  learned  of  the  interval  between  his  left 
and  Gen.  Sumner's  right,  in  which  space  Dr. 
Trent's  house  is ;  also,  that  the  rebels  had  re 
paired  one  of  the  bridges  across  the  Chickahom- 
iny  and  were  advancing. 

About  two  P.M.  General  Smith's  division  com 
menced  to  appear  in  the  large  field  to  the  north 
of  Savage's,  and  in  a  few  minutes  he  and  Gen. 
Franklin  rode  up.  I  learned  from  them  that  the 
enemy  was  advancing  ui  force,  and  of  the  neces 
sity  for  Gen.  Sumner  to  fall  back  to  connect  with 
Gen.  Smith's  left.  I  rode  forward  to  see  Gen. 
Sumner,  and  met  his  troops  falling  back  on  the 
Williamsburgh  road,  through  my  lines.  General 


DOCUMENTS. 


275 


Sumner  informed  me  that  he  intended  to  make  a 
stand  at  Savage's  Station,  and  for  me  to  join  him 
to  determine  upon  the  position. 

This  movement  of  Gen.  Sumner's  uncovering 
my  right  flank,  it  became  necessary  for  me  to  at 
once  withdraw  my  troops.  I  directed  General 
Kearny,  who  was  on  the  left  of  the  road,  to  fall 
back  so  soon  as  Gen.  Sumner's  troops  were  out 
of  the  way,  and  to  be  followed  by  Gen.  Hooker's. 
I  rode  back  to  find  Gen.  Sumner.  After  some 
delay,  from  the  mass  of  troops  in  the  field,  I 
found  him,  and  learned  that  the  course  of  action 
had  been  determined  on — so  returned  to  rny 
command  to  give  the  necessary  orders  for  the 
destruction  of  the  railroad-cars,  ammunition  and 
provisions  still  remaining  on  the  ground.  Lieut. 
Norton,  of  my  staff,  with  some  cavalry,  set  fire 
'to  them. 

The  whole  open  space  near  Savage's  was 
crowded  with  troops  —  more  than  I  supposed 
could  be  brought  into  action  judiciously.  An 
Aid  from  the  Commanding  General  had,  in  the 
morning,  reported  to  me  to  point  out  a  road 
across  the  White  Oak  Swamp,  starting  from  the 
left  of  Gen.  Kearny's  position,  and  leading  by 
Brackett's  Ford.  General  Kearny,  having  also 
reconnoitred  it,  sent  a  portion  of  his  division 
and  his  artillery  by  this  road.  Feeling  it  to  be 
impossible  for  all  the  troops  to  retire  by  the 
roads  leading  by  Savage's  Station,  I  ordered  the 
whole  of  my  corps  to  take  this  road,  with  the 
exception  of  Osborn's  and  Brarnhall's  batteries. 
These,  at  Gen.  Smith's  request,  I  directed  to  re 
port  to  him,  as  all  his  batteries  had  already  re 
tired.  I  beg  to  refer  to  Captain  Osborn's  report 
for  the  particulars  of  the  gallant  service  rendered 
by  those  batteries  that  afternoon. 

The  road  from  General  Kearny's  left,  across 
White  Oak  Swamp,  soon  forked,  one  going  by 
Jourdan's  Ford,  another  by  Fisher's,  and  a  third 
by  Brackett's  —  the  latter  alone  practicable  for 
artillery.  The  first  was  occupied  by  a  force  of 
the  enemy.  After  he  was  repulsed,  Gen.  Berry's 
brigade  crossed  by  Fisher's  Ford,  and  the  rest  of 
the  troops  by  Brackett's.  The  advance  of  the 
column  reached  the  Charles  City  road  at  half- 
past  six  P.M.,  and  the  rear  at  ten  P.M.,  without 
accident.  We  found  Gen.  Sykes's  troops  holding 
the  point  at  which  the  road  terminated.  Gen. 
Berry's  brigade  entered  the  Charles  City  road 
some  distance  in  advance. 

I  repaired  to  general  headquarters  and  re 
ported,  where  I  remained  until  the  next  morn 
ing,  when  I  received  instructions  where  to  post 
my  division. 

In  the  morning,  June  thirtieth,  I  took  and  de 
stroyed  the  bridge  at  Brackett's  Ford,  and  gave 
orders  to  fell  trees  across  that  road,  as  well  as  to 
obstruct  the  Charles  City  road  in  the  same 
manner. 

After  the  Commanding  General  passed,  on  his 
way  to  James  River,  he  sent  back  an  Aid  to  in 
form  me  that  Gen.  Sedgwick's  division  was  close 
in  rear  of  my  corps,  with  instructions  to  furnish 
me  with  reenforceinents  if  needed. 


The  left  of  General  Slocum's  division  was  to 
extend  to  the  Charles  City  road,  at  a  point  a 
short  distance  in  front  of  the  debouche  of  the 
Brackett's  Ford  road  ;  Gen.  Kearny's  right  to 
connect  with  Slocum's  left,  and  to  extend  across 
the  Long  Bridge  road,  which  branches  some  two 
miles  in  advance  into  the  Central  and  New 
market  roads.  Beyond  this  was  to  be  General 
Hooker's  division.  The  object  was  to  cover  the 
Quaker  road,  upon  which  our  wagons  and  artil 
lery  were  crossing  to  Jatnes  River. 

General  Kearny's  division  took  up  a  strong 
position,  very  favorable  for  an  advance  upon 
Richmond,  but  much  too  far  forward  for  the  ob 
ject  we  had  in  view.  After  much  difficulty,  I  got 
this  division  into  its  proper  position.  In  the 
mean  time,  Gen.  McCall's  division  took  post  to 
the  left  of  the  Long  Bridge  road,  in  communica 
tion  with  Gen.  Kearny's  left.  General  Hooker 
was  then  forced  to  move  still  further  to  the  left, 
and  connect  with  the  left  of  General  McCall. 
This  is  the  reason  why  Gen.  Hooker's  division 
was  not  in  its  proper  position.  These  delays 
brought  it  to  the  afternoon  before  Gen.  Kearny's 
division  was  in  position. 

At  one  P.M.  the  enemy  commenced  a  heavy 
artillery  fire  to  the  right  —  I  afterwards  learned 
at  the  White  Oak  Swamp  bridge.  There  was 
also  an  attempt  made  to  cross  at  Brackett's  Ford, 
but  it  was  repulsed  by  the  troops  I  sent  to  de 
stroy  the  bridge  and  obstruct  the  road. 

At  two  P.M.  Gen.  Berry  reported  the  enemy 
advancing  in  force  on  the  Charles  City  road.  At 
half-past  three  the  attack  was  made  down  this  road 
on  General  Slocum's  left.  His  artillery  kept  the 
enemy  in  check. 

About  five  P.M.,  perhaps  a  little  earlier,  Gen. 
McCall's  division  was  attacked  by  the  enemy  in 
large  force,  evidently  the  principal  attack.  In 
less  than  an  hour  General  McCall's  division  gave 
way.  Gen.  Hooker  being  on  his  left,  by  moving 
to  the  right,  repulsed  the  rebels  in  the  hand 
somest  manner,  and  with  great  slaughter.  Gen. 
Sumner,  who  was  with  General  Sedgwick,  in 
McCall's  rear,  also  greatly  aided  with  his  artille 
ry  and  infantry  in  driving  back  the  enemy. 

They  now  renewed  their  attack  with  vigor  on 
General  Kearny's  left,  and  were  again  repulsed 
with  heavy  loss.  The  attack  continued  until 
some  time  after  night.  This  attack  commenced 
at  four  P.M.,  and  was  pushed  by  heavy  masses, 
with  the  utmost  determination  and  vigor.  Capt. 
Thompson's  battery,  directed  with  great  skill, 
firing  double  charges,  swept  them  back.  The 
whole  open  space,  two  hundred  paces  wide,  was 
filled  with  the  enemy.  Each  repulse  brought 
fresh  troops.  The  third  attack  was  only  repulsed 
by  the  rapid  volleys  and  determined  charge  of 
the  Sixty-third  Pennsylvania,  Colonel  Hays,  and 
half  of  the  Thirty -seventh  New-York  volunteers. 

When  Gen.  McCall's  division  gave  way,  as  I 
felt  satisfied  that  the  attack  on  the  Charles  City 
road  was  not  the  serious  one,  I  rode  over  to  the 
open  field  in  front  of  the  house  at  Nelson's  farm, 
where  General  Sumner  had  his  headquarters,  to 


276 


REBELLION"   RECORD,  1862. 


see  for  myself  the  situation  of  affairs,  having 
previously  ordered  over  Captain  De  Russy's 
battery  to  aid  in  checking  the  enemy. 

General  McCall's  troops  soon  began  to  emerge 
from  the  woods  into  the  open  field.  Several  bat 
teries  were  in  position,  and  commenced  firing 
into  the  woods,  over  the  heads  of  the  fugitives 
in  front.  I  placed  Captain  De  Russy's  battery 
on  the  right  of  General  Sumner's  artillery,  with 
orders  to  shell  the  woods.  Gen.  Berry's  brigade 
was  then  advancing  to  meet  the  enemy,  and  soon 
drove  him  back.  Other  troops  began  to  return 
from  White  Oak  Swamp  Bridge,  where  they  had 
been  sent  earlier  in  the  day,  to  sustain  our  de 
fence  of  that  point.  Here,  while  looking  on,  I 
received  a  severe  contusion  on  my  left  wrist,  dis 
abling  my  arm  for  several  weeks. 

Seeing  that  the  enemy  were  giving  wray,  I  re 
turned  to  the  forks  of  the  road,  where  I  received 
a  call  from  General  Kearny  for  aid.  Knowing 
that  all  General  Sedgwick's  troops  were  unavail 
able,  I  was  glad  to  avail  myself  of  the  kind  offer 
of  Gen.  Slocum  to  send  the  New-Jersey  brigade 
of  his  division  to  General  Kearny 's  aid. 

I  rode  out  far  enough  on  the  Charles  City  road 
to  see  that  we  had  nothing  to  fear  from  that  di 
rection,  and  returned  to  see  the  New-Jersey  bri 
gade  enter  the  woods  to  Gen.  Kearny' s  relief. 
A  battery  accompanied  this  brigade.  They  soon 
drove  back  the  enemy.  It  was  now  growing  dark. 

I  sent  by  three  different  aids  of  the  Command 
ing  General's  a  detailed  verbal  statement  of  the 
events  of  the  day  and  of  our  situation.  From 
the  exhaustion  of  the  men,  want  of  ammunition 
and  provisions,  uncertainty  as  to  the  force  and 
position  of  the  enemy,  I  also  gave  my  opinion 
that  the  troops  had  better  be  withdrawn.  I  had 
no  fears  of  the  force  we  had  just  defeated  so  sig 
nally,  but  of  the  fresh  troops  they  could  bring 
against  our  worn-out  men. 

Shortly  after  dark  I  heard  that  Gen.  Franklin 
was  retiring.  The  right  of  my  troops  being  so 
far  in  advance,  and  my  being  without  orders,  I 
could  not  believe  it.  Soon  after  Gen.  Seymour 
came,  and  assured  me  that  it  was  so.  1  sent 
Lieut.  Hunt,  of  my  staff,  to  entreat  him  to  hold 
on  till  I  could  hear  from  the  Commanding  Gene 
ral,  as  I  expected  to  do  so  every  moment.  Lieut. 
Hunt  returned,  and  reported  that  when  he  got 
there  General  Franklin's  troops  had  already  left; 
that  three  regiments  of  General  Naglee's  brigade 
were  dra\vn  up  a  short  distance  from  the  White 
Oak  Swamp  bridge,  waiting  for  the  return  of  the 
General. 

It  was  now  twelve  o'clock,  and  I  could  not 
wait  any  longer.  Gen.  Slocum  was  at  my  head 
quarters  waiting  for  me  to  decide  what  to  do,  he 
having  also  heard  that  Gen.  Franklin  was  leav 
ing.  We  arranged  for  his  division  to  leave  im 
mediately,  to  be  followed  by  General  Kearny' s 
and  then  by  General  Sumner's.  It  was  neces 
sary  for  us  to  move  promptly,  as  the  enemy  were 
busily  engaged  repairing  the  bridge,  and  would 
«oon  be  enabled  to  cross  in  force  on  our  rear. 

I  hastened  to  Gen.  Sumner's  headquarters  and 
informed  him  of  what  had  been  done.  He  con 


curred  with  me,  and  sent  a  note  to  the  Command 
ing  General  with  the  information.  I  then  took 
the  road  and  reached  Malvern  Hill  at  half-past 
one  A.M.,  and  reported  to  the  Commanding  Gen 
eral.  Soon  after  daylight  both  of  my  divisions 
were  on  Malvern  Hill. 

I  cannot  speak  too  warmly  of  the  gallantry  dis 
played  by  Gen.  Hooker  and  his  division.  Special 
mention  is  made  of  General  Grover,  of  the  First 
Massachusetts,  Sixteenth  Massachusetts,  Sixty- 
ninth  Pennsylvania,  Second  New-Hampshire  and 
the  Twenty-sixth  Pennsylvania  regiments.  The 
colors  captured  by  Captain  Parks,  company  F, 
Second  New-York  volunteers,  had  "Williams- 
burgh"  and  "Seven  Pines"  on  them,  and  belonged 
to  the  Seventeenth  Virginia  volunteers.  They 
were  sent  to  Gen.  Sumner's  headquarters.  This 
same  company  captured  one  lieutenant-colonel, 
one  captain,  five  lieutenants,  and  thirty  or  forty 
privates. 

Gen.  Kearny  showed  his  usual  gallantry  and 
activity.  The  portion  of  his  division  engaged 
behaved  most  gallantly.  The  first  of  the  attack 
fell  on  Gen.  Robinson's  brigade,  and  continued 
five  hours.  General  Robinson  was  particular 
ly  distinguished.  Captain  Thompson's  battery 
was  conspicuous  from  the  admirable  manner  in 
•which  it  was  served.  It  was  most  admirably 
supported  by  Colonel  Hays,  with  the  Sixty-third 
Pennsylvania  and  half  of  the  Thirty-seventh 
New- York.  Attention  is  called  to  General  Kear- 
ny's  report  of  this  part  of  the  action.  I  gladly 
add  my  commendation. 

General  Caldwell's  brigade,  sent  by  General 
Sumner,  rendered  valuable  aid ;  also  General 
Taylor's  New-Jersey  brigade,  volunteered  by 
General  Slocum.  My  thanks  are  due  to  both 
those  officers  for  the  promptness  with  which 
they  gave  this  assistance. 

General  Berry  and  his  brigade  behaved  with 
their  usual  gallantry.  Special  attention  is  called 
to  Major  Fairbanks,  wrho  commanded  the  Fifth 
Michigan,  and  was  dangerously  wounded.  The 
Twenty-fourth  New-York  volunteers,  only  two 
hundred  men,  led  by  Lieut.  Greenhalgh,  one  of 
General  Berry's  aids,  captured  a  stand  of  colors. 

I  neglected  to  mention  in  the  proper  place, 
that  Captain  Randolph,  who  commanded  a  bat 
tery,  is  highly  commended.  My  staff,  as  usual, 
performed  their  duties  to  my  satisfaction.  Capt. 
McKeever,  Chief  of  Staff,  was  active  in  commu 
nicating  orders  to  the  left  at  a  critical  moment ; 
and  Lieut.  Hunt  especially,  in  going  to  White 
Oak  Swamp  bridge,  just  before  midnight,  to  learn 
whether  our  troops  had  retired. 

All  the  reports  received  accompany  this,  and 
will  give  the  names  of  those  worthy  of  mention. 

I  annex  a  statement  of  the  losses  in  General 
Hooker's  division,  but  cannot  of  Gen.  Kearny's, 
as  the  casualties  of  this  day  and  the  next  are 
blended.  The  aggregate  is  nine  hundred  and 
fifty-one  for  the  two  days,  of  which,  I  believe,  the 
greater  part  occurred  on  the  thirtieth  of  June. 

Respectfully  submitted, 

S.  P.  HEINTZELMAN, 
Brigadier-General  Commanding. 


DOCUMENTS. 


277 


Tabular  Statement  of  Killed,  Wounded  and 
Missing  in  Hooker's  Division  at  the  Battle  of 
Glendale,  June  30,  1862  : 

Offittn.  Enlisted  Men. 

Killed 2  25 

Wounded, 7  139 

Missing, . ,                               7  238 


Grand  total, 418 


Doc.  48. 
BATTLE    OF    MALVERN    HILL,     VA. 

MAJOR-GENERAL   HEINTZELMAN'S    REPORT. 

HEADQUARTERS  THIRD  CORPS,  ARMY  OF  THE  POTOMAC,  ) 
CAMP  NEAR  HARRISON'S  BAR,  VA.,  July  24,  1862.    ) 

Gen.  8.  Williams,  A.A.G.,  Headquarters: 

GENERAL  :  I  have  the  honor  to  report  the  ope 
rations  of  my  corps  at  the  battle  of  Malvern  Hill, 
and  till  their  arrival  at  their  present  camp  the 
next  day. 

On  my  arrival  at  Malvern  Hill  at  half-  past 
one  A.M.  of  the  first  of  July,  I  met  the  Com 
manding  General  on  horseback,  and  reported  to 
him  what  had  been  done.  He  directed  me  to  see 
General  Barnard,  Chief  Engineer,  and  General 
Porter,  commanding  the  Fifth  corps,  and  con 
sult  with  them  as  to  the  position  for  the  troops 
to  occupy.  I  found  them,  but  they  were  of  the 
opinion  that  nothing  could  be  done  before  day 
light.  As  soon  as  it  was  light  I  saw  Gen.  Bar 
nard,  and  he  rode  out  to  make  another  examina 
tion  of  the  ground.  On  his  return  he  pointed  to 
the  direction  where  I  was  to  post  my  troops.  I 
gave  the  necessary  orders,  but  before  they  could 
be  carried  out  the  Commanding  General  returned, 
and  I  rode  with  him  the  whole  circuit  of  the 
lines,  leaving  staff-officers  to  place  my  two  divi 
sions  in  position  ;  General  Kearny's  on  the  left, 
to  connect  with  General  Couch's  right ;  on  the 
right  of  Kearny,  General  Hooker's  division,  with 
General  Stunner's  corps  on  his  right.  It  was 
near  ten  A.M.  when  I  returned  via  Haxall's  to 
Malvern  Hill.  We  now  occupied  a  very  strong 
position,  but  lacked  some  twenty  thousand  men 
to  be  certain  of  holding  it  against  the  superior 
force  I  feared  would  be  brought  against  us. 

Before  my  troops  were  all  in  position  the  reb 
els  commenced  an  artillery  fire,  which  we  return 
ed.  Some  of  their  shells  exploded  beyond  the 
brick  house  on  the  hill,  and  in  the  bottom  be 
yond.  This  lasted  about  two  hours. 

At  half- past  three  P.M.  the  attack  was  renewed 
with  artillery,  and  accompanied  by  infantry  on 
the  left  of  Kearny ;  but  principally  on  General 
Couch's  division.  By  five  P.M.  this  was  re 
pulsed. 

Later  the  attack  was  renewed  on  Gen.  Porter's 
front,  extending  to  the  right  as  far  as  General 
Kearny's,  by  artillery  and  infantry  in  large  force. 
The  firing  continued  until  nine  P.M.  The  rebels 
were  defeated  with  great  slaughter. 


During  the  afternoon  large  bodies  of  troops 
were  seen  passing  along  our  front  toward  the 
right,  in  the  edge  of  the  woods.  They  were  sev 
eral  hours  passing.  They  disappeared,  how 
ever,  without  any  further  demonstration.  They 
passed  beyond  the  range  of  our  field-artillery. 

Toward  dusk,  General  Porter  sent  to  General 
Sumner  for  a  brigade  and  battery  of  artillery. 
This  was  sent.  I  added  another  brigade  and 
battery,  to  enable  him  to  make  the  defeat  more 
complete,  and  sent  them,  as  it  was  now  so  late  I 
did  not  anticipate  any  attempt  on  my  right. 

All  the  troops  under  my  command  were  ex 
posed  to  this  artillery  fire.  In  General  Kearny's 
division  only  the  artillery  and  skirmishers  were 
immediately  engaged.  Capt.  Thompson  managed 
his  battery  with  the  full  genius  of  that  arm ; 
whilst  Captain  Randolph  with  his  Parrott  guns 
persecuted  all  that  attacked  him,  silencing  seve 
ral  times  batteries  that  were  sweeping  our  front 
or  covering  their  columns  of  attack  on  General 
Couch  to  our  left.  The  Fourth  Maine  was  par 
ticularly  distinguished  for  its  coolness  in  holding 
a  ravine  and  repulsing  the  enemy's  skirmishers. 

In  General  Hooker's  division  the  men  behaved 
with  their  usual  coolness.  The  batteries  were 
so  placed  that  they  were  enabled  several  times 
to  enfilade  the  enemy's  artillery  and  infantry  ad 
vance.  We  have  to  deplore  the  loss  of  Captain 
Beems,  a  most  gallant  officer,  commanding  one  o£ 
the  batteries.  He  was  killed  by  a  shell. 

Captain  De  Russy,  my  Chief  of  Artillery,  was 
quite  distinguished ;  for  it  was  through  his  good 
management  and  personal  attention  that  the.  bat 
teries  sent  to  the  left,  later  in  the  day,  were  so 
effective. 

Quite  late  in  the  afternoon  a  staff-officer  from 
the  Commanding  General  informed  me  that  we 
might  fall  back  to  another  position  farther  down 
the  river,  in  the  course  of  the  night.  At  fifty 
minutes  past  ten  P.M.  I  received  orders  to  move  in 
rear  of  Gen.  Couch's  division.  Before  the  road  was 
clear  for  the  leading  brigade  of  my  corps  it  was 
forty  minutes  past  three  A.M.,  and  the  rear  did 
not  leave  till  daylight. 

Soon  after  daylight  a  heavy  rain  set  in,  seri 
ously  injuring  the  road,  but  early  in  the  day  all 
the  troops  reached  their  camps. 

My  whole  corps  made  the  march  with  its  artil 
lery  and  baggage-wagons,  from  Savage's  Station 
to  the  camp  at  Harrison's  Bar  without  the  loss 
of  a  single  wagon.  Our  reported  loss  in  missing 
is  but  seven  hundred  and  forty-five,  and  of  this 
number  a  portion  of  killed  and  wounded  were 
left  on  the  battle-field,  and  some  have  since  come 
in.  To  show  the  endurance  and  fortitude  of  the 
troops,  the  Seventh  and  Eighth  New-Jersey  regi 
ments  did  not  lose  a  man  on  the  whole  march. 
Of  those  regiments  one  had  eight  stragglers,  of 
whom  three  were  wounded.  They  have  all  since 
come  in.  The  Seventh  New-Jersey  did  not  have 
a  field-officer  present.  Capt.  Bartlett,  company 
C,  commanded,  with  one  captain,  Fred.  Cooper, 
and  three  lieutenants — Hillyer  and  Mallory,  of 
company  K,  and  Courson  of  company  C. 

At  Savage's  Station  we  received  orders  to  re- 


278 


REBELLION  RECORD,  1862. 


duce  our  baggage.  We  left  our  tents  for  the 
wounded,  and  the  officers  part  of  their  personal 
baggage.  This  enabled  me  to  place  tive  hundred 
pounds  of  ammunition  in  each  wagon,  for  the 
reserve  artillery  of  the  corps.  Captain  De  Hussy 
made  good  use  of  it  at  Malvern  Hill. 

The  officers  of  my  staff  performed  their  duties 
with  their  usual  promptitude  and  energy.  Dr. 
Milhau  did  all  it  was  possible  to  do  under  our 
peculiar  circumstances.  Capt.  Weeks,  A.Q.M., 
Capt.  McKelvey,  Chief  Commissary,  and  Lieut. 
Dresser,  ordnance  officer,  attended  faithfully  to 
the  duties  of  their  respective  departments.  To 
them  I  am  indebted  for  the  safety  of  every  wagon, 
for  ample  supplies  of  provisions,  and  that  the  re 
serve  ammunition  wa>6  on  the  field  at  the  proper 
moment. 

Captain  McKeever's  duties  since  the  first  day 
of  the  battle  of  Fair  Oaks  have  been  exceedingly 
arduous,  and  have  been  performed  with  great 
judgment  and  untiring  energy,  assisted  by  Capt. 
Morse,  A.A.G.  Lieut.  Hunt  I  have  mentioned 
in  my  previous  reports. 

Lieut.  Henry  Norton,  one  of  my  Aids,  partic 
ularly  distinguished  himself  at  Malvern  Hill,  by 
communicating  with  General  Couch  at  the  ex 
treme  front  during  the  hottest  part  of  the  engage 
ment,  and  previously  showing  much  personal 
gallantry. 

All  the  troops  were  exposed  for  several  hours 
to  a  continuous  fire  of  shells,  which  they  bore 
with  unflinching  courage.  Those  exposed  to  the 
infantry  fire  behaved  with  their  usual  gallantry. 
Gen.  Sickles's  brigade  was  sent  late  in  the  day  to 
aid  General  Porter's  command.  How  well  it  was 
done  is  well  set  forth  in  the  General's  report. 
The  conduct  of  Col.  Taylor's  regiment,  the  Sev 
enty-second  New-York  volunteers,  was  brilliant. 

I  beg  leave  especially  to  call  the  attention  of 
the  Commanding  General  to  the  loss,  in  battle, 
of  Gen.  Hooker's  division  since  the  first  of  June, 
eight  hundred  and  forty -seven  men,  and  since  the 
opening  of  the  campaign,  two  thousand  live  hun 
dred  and  eighty -nine.  As  they  have  uniformly 
slept  on  the  field  of  battle,  no  other  evidence 
can  be  required  of  their  gallantry,  and  of  that  of 
their  distinguished  commander. 

I  annex  a  tabular  statement  of  the  whole  loss 
of  the  corps  from  the  twenty-sixth  of  June  to  the 
third  of  July,  as  some  of  the  regiments  have  not 
been  able  to  separate  the  losses  for  each  day. 

Respectfully  submitted, 

S.  P.  HEINTZELMAN, 

Brigadier-General  Commanding. 

Tabular  Statement  of  Killed,  Wounded  and 
Musing  in  Gen.  Hooker's  Division,  at  the  late 
lattles,  from  June  26  to  July  3,  1862: 


Killed, . . . 
Wounded, 
Missing, . . 


FIRST    BRIGADE. 
Officers. 
1 

r 

4 


Total, 


Enlisted  Men. 

24 
111 

123 

270 


SECOND  BRIGADE. 
Officers. 

Killed, 2 

Wounded, 1 

Missing, 6 


Total, 


Enliried  Men. 
24 

47 
10S» 

189 


Killed,  . . . 
Wounded, 
Missing, . . 


THIRD  BRIGADE. 
Officers. 
1 


Enlisted  Men 

4 
22 
26 


Total, 


56 


ARTILLERY. 

Officers. 

Killed, 0 

Wounded, 2 

Missing, 0 

Total, 

Grand  total, . 


Enlisted  Men, 

1 

0 

8 


11 

526 


Tabular  Statement  of  Killed,  Wounded  and 
Missing  in  Gen.  Kearny's  Division,  at  the  late 
battles,  from  Jane  26  to  July  3,  1862  : 

FIRST   BRIGADE. 

Officers. 

Killed, 4 

Wounded, 8 

Missing, 1 


Enlisted  Men. 

29 
213 

82 


Total 337 


Killed, 

Wounded, 

Missing, . .  0 


SECOND   BRIGADE. 
Officers. 

0 

2 


Total, 

THIRD      BRIGADE. 
Officers. 

Killed, 3 

Wounded, 10 

Missing, 0 


Enlisted  Men. 

7 

43 
184 

236 


Enlisted  Men. 

33 
197 
167 


Total, 410 

COMPANY  G,  SECOND  U.  S.   ARTILLERY. 

Officers.  Enlisted  Men. 

Killed, 0  1 

Wounded, 0  13 

2 


Total, 


16 

COMPANY   E,    FIRST    RHODE    ISLAND  ARTILLERY. 
Officers. 

Killed, 0 

Wounded, 0 

Missing, 0 


Enlisted  Men. 
1 

3 
3 


Total, 


Grand  total 1,006 


DOCUMENTS. 


270 


Tabular  Statement  of  Killed,  Wounded  and 
Missing,  in  Reserve  Artillery,  at  the  late  bat 
tles,  from  June  26  to  July  3,  1862. 

COMPANY  K,   FOURTH   U.  S.  ARTILLERY. 

Officers.  Enlisted  Men. 

Killed, 0  0 

Wounded, 0  2 

Missing, 0  0 

Total, 2 

COMPANY  B,  FIRST   NEW-JERSEY  ARTILLERY. 

Officers.  Enlisted  Men. 

Killed, 1  0 

Wounded, 0  0 

Missing, 0  4 

Total, 5 

SIXTH    NEW-YORK  BATTERY. 

Officers.  Enlisted  Men. 

Killed, 0  0 

Wounded, 0  1 

Missing, 0  1 

Total, 2 

Grand  total, 9 

Consolidated  List  of  Killed,  Wounded  and 
Missing  in  Third  Corps,  at  the  late  Battles, 
from  June  26  to  July  3,  1862 : 

GENERAL  HOOKER. 

Officers.  Enlisted  Men. 

Killed, 4  53 

Wounded, 12  180 

Missing, 11  266 

Total, 27  499 

Aggregate, 526 

GENERAL  KEARNY. 

Officers.  '  Enlisted  Men. 

Killed, 7  71 

Wounded, 20  469 

Missing,    1  438 

Total, 28  978 

Aggregate, ....1,006 

CAPTAIN    DE  RUSSY. 

Officers.  Enlisted  Men. 

Killed, 1  0 

Wounded, 0  3 

Missing, 0  5 

Total, 1  0 

Aggregate, 9 

Grand  total, 1,541 

NOTB.— Attention  is  called  to  the  loss  in  General  Kearny's 
division— icarly  double  that  in  General  Hooker's. 


Doc.  49. 

REPORT  OF  THE  JUDGE  ADVOCATE 
GENERAL  TO  THE  SECRETARY  OF 
WAR. 

JUDGE  ADVOCATE  GENERAL'S  OFFICB,  ', 
March  27, 1868.  f 

SIR  :  I  have  the  honor  to  transmit  for  your 
consideration  the  accompanying  depositions  of 
Corporal  William  Pittenger,  Co.  G,  Second  regi 
ment  Ohio  volunteers  ;  private  Jacob  Parrot,  Co. 
K,  Thirty-third  regiment  Ohio  volunteers ;  private 
Robert  Buffum,  Co.  H,  Twenty-first  regiment  Ohio 
volunteers ;  Corporal  Win.  Reddick,  Co.  B,  Thirty- 
third  regiment  Ohio  volunteers  ;  and  private  Win. 
Bensinger,  Co.  G,  Twenty-first  regiment  Ohio  vol 
unteers,  taken  at  this  office  on  the  twenty-fifth  in 
stant,  in  compliance  with  your  written  instruc 
tions,  from  which  the  following  facts  will  appear : 

These  non-commissioned  officers  and  privates 
belonged  to  an  expedition  set  on  foot  in  April, 
1862,  at  the  suggestion  of  Mr.  J.  J.  Andrews,  a 
citizen  of  Kentucky,  who  led  it,  and  under  the  au 
thority  and  direction  of  Gen.  0.  M.  Mitchel,  the 
object  of  which  was  to  destroy  the  communica 
tions  on  the  Georgia  State  Railroad,  between  At 
lanta  and  Chattanooga. 

The  mode  of  operation  proposed  was  to  reach  a 
point  on  the  road  where  they  could  seize  a  loco 
motive  and  train  of  cars,  and  then  dash  back  in 
the  direction  of  Chattanooga,  cutting  the  telegraph 
wires  and  burning  the  bridges  behind  them  as 
they  advanced,  until  they  reached  their  own  lines. 
The  expedition  consisted  of  twenty-four  men,  who, 
with  the  exception  of  its  leader,  Mr.  Andrews, 
and  another  citizen  of  Kentucky  —  who  acted  on 
the  occasion  as  the  substitute  of  a  soldier  —  had 
been  selected  from  the  different  companies  for 
their  known  courage  and  discretion.  They  were 
informed  that  the  movement  was  to  be  a  secret 
one,  and  they  doubtless  comprehended  something 
of  its  perils,  but  Mr.  Andrews  and  Mr.  Reddick 
alone  seem  to  have  known  any  thing  of  its  precise 
direction  or  object.  They,  however,  voluntarily 
engaged  in  it,  and  made  their  way,  in  parties  of 
two  and  three,  in  citizen's  dress,  and  carrying 
only  their  side-arms,  to  Chattanooga,  the  point 
of  rendezvous  agreed  upon,  where  twenty -two  out 
of  the  twenty-four  arrived  safely.  Here  they  took 
passage,  without  attracting  observation,  for  Ma 
rietta,  which  they  reached  at  twelve  o'clock  on 
the  night  of  the  eleventh  of  April.  The  following 
morning  they  took  the  cars  back  again  towards 
Chattanooga,  and  at  a  place  called  Big  Shanty, 
while  the  engineer  and  passengers  were  breakfast 
ing,  they  detached  the  locomotive  and  three  box 
cars  from  the  train,  and  started  at  full  speed  for 
Chattanooga.  They  were  now  upon  the  field  of 
the  perilous  operations  proposed  by  the  expedition, 
but  suddenly  encountered  unforeseen  obstacles. 
According  to  the  schedule  of  the  road,  of  which 
Mr.  Andrews  had  possessed  himself,  they  should 
have  met  but  a  single  train  on  that  day,  whereas 
they  met  three,  two  of  them  being  engaged  on 
extraordinary  service.  About  an  hour  was  lost 
in  waiting  to  allow  these  trains  to  pass,  which 
enabled  their  pursuers  to  press  closely  upon  them, 


280 


REBELLION  RECORD,  1862. 


They  removed  rails,  threw  out  obstructions  on 
the  road,  and  cut  the  wires  from  time  to  time, 
and  attained  when  in  motion  a  speed  of  sixty 
miles  an  hour ;  but  the  time  lost  could  not  be 
regained.  After  having  run  about  one  hundred 
miles,  they  found  their  supply  of  wood,  water, 
and  oil  exhausted,  while  the  rebel  locomotive 
which  had  been  chasing  them  was  in  sight. 
Under  these  circumstances  they  had  no  alterna 
tive  but  to  abandon  their  cars  and  fly  to  the 
woods,  which  they  did,  under  the  orders  of  Mr. 
Andrews,  each  one  endeavoring  to  save  himself 
as  best  he  might. 

The  expedition  thus  failed  from  causes  which 
reflected  neither  upon  the  genius  by  which  it  was 
planned,  nor  upon  the  intrepidity  and  discretion 
of  those  engaged  in  conducting  it  But  for  the 
accident  of  meeting  the  extra  trains — which  could 
not  have  been  anticipated — the  movement  would 
have  been  a  complete  success,  and  the  whole  as 
pect  of  the  war  in  the  South  and  South-west 
would  have  been  at  once  changed.  The  expedi 
tion  itself,  in  the  daring  of  its  conception,  had 
the  wildness  of  a  romance  ;  while  in  the  gigantic 
and  overwhelming  results,  which  it  sought  and 
was  likely  to  accomplish,  it  was  absolutely  sub 
lime.  The  estimate  of  its  character  entertained 
in  the  South  will  be  found  fully  expressed  in  an 
editorial  from  the  Southern  Confederacy,  a  pro 
minent  rebel  journal,  under  date  of  the  fifteenth 
of  April,  and  which  is  appended  to  and  adopted 
as  a  part  of  Mr.  Pittenger's  deposition.  The 
editor  says :  "The  mind  and  heart  shrink  back  ap 
palled  at  the  bare  contemplation  of  the  awful 
consequences  which  would  have  followed  the 
Buccess  of  this  one  act.  We  doubt  if  the  victory 
of  Manassas  or  Corinth  were  wrorth  as  much  to 
us  as  the  frustration  of  this  grand  coup  d'etat. 
It  is  not  by  any  means  certain  that  the  annihila 
tion  of  Beauregard's  whole  army  at  Corinth 
would  be  so  fatal  a  blow  to  us  as  would  have 
been  the  burning  of  the  bridges  at  that  time  by 
these  men." 

So  soon  as  those  composing  the  expedition  had 
left  the  cars,  and  dispersed  themselves  in  the 
woods,  the  population  of  the  country  around 
turned  out  in  their  pursuit,  employing  for  this 
purpose  the  dogs  which  are  trained  to  hunt  down 
the  fugitive  slaves  of  the  South.  The  whole 
twenty-two  were  captured.  Among  them  was 
private  Jacob  Parrot,  of  Co.  K,  Thirty -third  regi 
ment  Ohio  volunteers.  When  arrested,  he  was, 
without  any  form  of  trial,  taken  possession  of  by 
a  military  officer  and  four  soldiers,  who  stripped 
him,  bent  him  over  a  stone,  and  while  two  pistols 
Were  held  over  his  head,  a  lieutenant  in  rebel 
uniform  inflicted,  with  a  rawhide,  upwards  of  a 
hundred  lashes  on  his  bare  back.  This  was  done 
in  the  presence  of  an  infuriated  crowd,  who  cla 
mored  for  his  blood,  and  actually  brought  a  rope 
with  which  to  hang  him.  The  object  of  this  pro 
longed  scourging  was  to  force  this  young  man  to 
confess  to  them  the  objects  of  the  expedition  and 
the  names  of  his  comrades,  especially  that  of  the 
engineer  who  had  run  the  train.  Their  purpose 
was.  no  doubU  not  only  to  take  the  life  of  the 


latter,  if  identified,  but  to  do  so  with  every  cir 
cumstance  of  humiliation  and  torture  which  they 
could  devise.  Three  times,  in  the  progress  of 
this  horrible  flogging,  it  was  suspended,  and  Mr. 
Parrot  was  asked  if  he  would  not  confess  ;  but 
steadily  and  firmly,  to  the  last,  he  refused  all  dis 
closures,  and  it  was  not  till  his  tormentors  were 
weary  of  their  brutal  work  that  the  task  of  sub 
duing  their  victim  was  abandoned  as  hopeless. 
This  youth  is  an  orphan,  without  father  or  mother, 
and  without  any  of  the  advantages  of  education. 
Soon  after  the  rebellion  broke  out,  though  but 
eighteen  years  of  age,  he  left  his  trade,  and  threw 
himself  into  the  ranks  of  our  armies  as  a  volun 
teer  ;  and  now,  though  still  suffering  from  the 
outrages  committed  on  his  person  in  the  South, 
he  is  on  his  way  to  rejoin  his  regiment,  seeming 
to  love  his  country  only  the  more  for  all  that  he 
has  endured  in  its  defence.  His  subdued  and 
modest  manner,  while  narrating  the  part  he  had 
borne  in  this  expedition,  showed  him  to  be  whol 
ly  unconscious  of  having  done  any  thing  more 
than  perform  his  simple  duty  as  a  soldier.  Such 
Spartan  fortitude,  and  such  fidelity  to  the  trusts 
of  friendship  and  to  the  inspirations  of  patriotism, 
deserve  an  enduring  record  in  the  archives  of  the 
government,  and  will  find  one,  I  am  sure,  in  the 
hearts  of  a  loyal  people. 

The  twenty-two  captives,  when  secured,  were 
thrust  into  the  negro-jail  of  Chattanooga.  They 
occupied  a  single  room,  half  under  ground,  and 
but  thirteen  feet  square,  so  that  there  was  not 
space  enough  for  them  all  to  lie  down  together, 
and  a  part  of  them  were,  in  consequence,  obliged 
to  sleep  sitting  and  leaning  against  the  walls. 
The  only  entrance  was  through  a  trap-door  in  the 
ceiling,  that  was  raised  twice  a  day  to  let  down 
their  scanty  meals,  which  were  lowered  in  a 
bucket.  They  had  no  other  light  or  ventilation 
than  that  which  came  through  two  small,  triple- 
grated  windows.  They  were  covered  with  swarm 
ing  vermin,  and  the  heat  was  so  oppressive  that 
they  were  often  obliged  to  strip  themselves  en 
tirely  of  their  clothes  to  bear  it.  Add  to  this, 
they  were  all  handcuffed,  and,  with  trace-chains 
secured  by  padlocks  around  their  necks,  were 
fastened  to  each  other  in  companies  of  twos  and 
threes.  Their  food,  which  was  doled  out  to  them 
twice  a  day,  consisted  of  a  little  flour  wet  with 
water  and  baked  in  the  form  of  bread,  and  spoiled 
pickled  beef.  They  had  no  opportunity  of  pro 
curing  any  supplies  from  the  outside,  nor  had 
they  any  means  of  doing  so — their  pockets  having 
been  rifled  of  their  last  cent  by  the  confederate 
authorities,  prominent  among  whom  was  an  offi 
cer  wearing  the  rebel  uniform  of  a  major.  No 
part  of  the  money  thus  basely  taken  was  ever 
returned. 

During  this  imprisonment  at  Chattanooga  their 
leader,  Mr.  Andrews,  was  tried  and  condemned  as 
a  spy,  and  was  subsequently  executed  at  Atlanta, 
the  seventh  of  June.  They  were  strong  and  in 
perfect  health  when  they  entered  this  negro-jail, 
but  at  the  end  of  something  more  than  three 
weeks,  when  they  were  required  to  leave  it,  they 
were  so  exhausted  from  the  treatment  to  which 


DOCUMENTS. 


231 


they  had  been  subjected,  as  scarcely  to  be  able 
to  walk,  and  several  staggered  from  weakness  as 
they  passed  through  the  streets  to  the  cars. 

Finally,  twelve  of  the  number,  including  the 
five  who  have  deposed,  and  Mr.  Mason,  of  Co.  K, 
Twenty-first  regiment  Ohio  volunteers — who  was 
prevented  by  illness  from  giving  his  evidence — 
were  transferred  to  the  prison  of  Knoxville,  Tenn. 
On  arriving  there,  seven  of  them  were  arraigned 
before  a  court-martial,  charged  with  being  spies. 
Their  trial  of  course  was  summary.  They  were 
permitted  to  be  present,  but  not  to  hear  either 
the  argument  of  their  own  counsel  or  that  of  the 
judge  advocate.  Their  counsel,  however,  after 
wards  visited  the  prison  and  read  to  them  the 
written  defence  which  he  made  before  the  court 
in  their  behalf.  The  substance  of  that  paper  is 
thus  stated  by  one  of  the  witnesses,  Corporal 
Pittenger  :  "  He  (the  counsel)  contended  that  our 
being  dressed  in  citizen's  clothes  was  nothing 
more  than  what  the  confederate  government 
itself  had  authorized,  and  was  only  what  all  the 
guerrillas  in  the  service  of  the  Confederacy  did  on 
all  occasions  when  it  would  be  an  advantage  to 
them  to  do  so ;  and  he  recited  the  instance  of 
Gen.  Morgan  having  dressed  his  men  in  the  uni 
form  of  our  soldiers  and  passed  them  off  as  being 
from  the  Eighth  Pennsylvania  cavalry  regiment, 
and  by  that  means  succeeded  in  reaching  a  rail 
road,  and  destroying  it.  This  instance  was  men 
tioned  to  show  that  our  being  in  citizen's  clothes 
did  not  take  from  us  the  protection  awarded  to 
prisoners  of  war.  The  plea  went  on  further  to 
state  that  we  had  told  the  object  of  our  expedi 
tion  ;  that  it  was  a  purely  military  one  for  the 
destruction  of  communications,  and,  as  such, 
lawful  according  to  the  rules  of  war." 

This  just  and  unanswerable  presentation  of  the 
case  appears  to  have  produced  its  appropriate 
impression.  Several  members  of  the  court-mar 
tial  afterwards  called  on  the  prisoners  and  as 
sured  them  that,  from  the  evidence  against  them, 
they  could  not  be  condemned  as  spies  ;  that  they 
had  come  for  a  certain  known  object,  and  not 
having  lingered  about  or  visited  any  of  their 
camps,  obtaining  or  seeking  information,  they 
could  not  be  convicted.  Soon  thereafter  all  the 
prisoners  wrere  removed  to  Atlanta,  Ga.,  and  they 
left  Knoxville  under  a  belief  that  their  comrades, 
who  had  been  tried,  either  had  been  or  would  be 
acquitted.  In  the  mean  time,  however,  the  views 
entertained  and  expressed  to  them  by  the  mem 
bers  of  the  court  were  overcome,  it  may  be  safely 
assumed,  under  the  prompting  of  the  remorseless 
despotism  at  Richmond.  On  the  eighteenth  of 
June,  after  their  arrival  at  Atlanta,  where  they 
rejoined  the  comrades  from  whom  they  had  been 
separated  at  Chattanooga,  their  prison-door  was 
opened,  and  the  death  sentences  of  the  seven  who 
had  been  tried  at  Knoxville  were  read  to  them. 
No  time  for  preparation  was  allowed  them.  They 
were  told  to  bid  their  friends  farewell,  "and  to  be 
quick  about  it."  They  were  at  once  tied  and  car 
ried  out  to  execution.  Among  the  seven  was 
private  Samuel  Robinson,  Co.  G,  Thirty-third 
Ohio  volunteers,  who  was  too  ill  to  walk.  He 


was,  however,  pinioned  like  the  rest,  and  in  this 
condition  was  dragged  from  the  floor  on  which  ho 
was  lying  to  the  scaffold.  Tn  an  hour  or  more 
the  cavalry  escort,  which  had  accompanied  them, 
was  seen  returning  with  the  cart,  but  the  cart 
was  empty — the  tragedy  had  been  consummated ! 

On  that  evening  and  the  following  morning  the 
prisoners  learned  from  the  provost-marshal  and 
guard  that  their  comrades  had  died,  as  all  true 
soldiers  of  the  republic  should  die  in  the  presence 
of  its  enemies.  Among  the  revolting  incidents 
which  they  mentioned  in  connection  with  this  cow 
ardly  butchery,  was  the  fall  of  two  of  the  victims 
from  the  breaking  of  the  ropes  after  they  had  been 
for  some  time  suspended.  On  their  being  restored 
to  consciousness,  they  begged  for  an  hour  in  which 
to  pray  and  to  prepare  for  death,  but  this  was  re 
fused  them.  The  ropes  were  readjusted  and  the 
execution  at  once  proceeded. 

Among  those  who  thus  perished  was  private 
Alfred  Wilson,  company  C,  Twenty-first  Ohio 
volunteers.  He  was  a  mechanic  from  Cincinnati, 
who,  in  the  exercise  of  his  trade,  had  travelled 
much  through  the  States  North  and  South,  and 
who  had  a  greatness  of  soul  which  sympathized 
intensely  with  our  struggle  for  national  life,  and 
was  in  that  dark  hour  filled  with  joyous  convic 
tions  of  our  final  triumph.  Though  surrounded 
by  a  scowling  crowd,  impatient  for  his  sacrifice, 
he  did  not  hesitate  while  standing  under  the  gal 
lows  to  make  them  a  brief  address.  He  told 
them  that  though  they  were  all  wrong,  he  had  no 
hostile  feelings  towards  the  Southern  people,  be 
lieving  that  not  they  but  their  leaders  were  re 
sponsible  for  the  rebellion  ;  that  he  was  no  spy, 
as  charged,  but  a  soldier  regularly  detailed  for 
military  duty ;  that  he  did  not  regret  to  die  for 
his  country,  but  only  regretted  the  manner  of  his 
death  ;  and  he  added,  for  their  admonition,  that 
they  would  yet  see  the  time  when  the  old  Union 
would  be  restored,  and  when  its  flag  wrould  wave 
over  them  again.  And  with  these  words  the 
brave  man  died.  He,  like  his  comrades,  calmly 
met  the  ignominious  doom  of  a  felon — but,  happi 
ly,  ignominious  for  him  and  for  them  only  so  far 
as  the  martyrdom  of  the  patriot  and  the  hero  can 
be  degraded  by  the  hands  of  ruffians  and  traitors. 

The  remaining  prisoners,  now  reduced  to  four 
teen,  were  kept  closely  confined  under  special 
guard,  in  the  jail  at  Atlanta,  until  October,  when, 
overhearing  a  conversation  between  the  jailer  and 
another  officer,  they  became  satisfied  that  it  was 
the  purpose  of  the  authorities  to  hang  them,  as 
they  had  done  their  companions.  This  led  them 
to  form  a  plan  for  their  escape,  which  they  car 
ried  into  execution  on  the  evening  of  the  next 
day,  by  seizing  the  jailer  when  he  opened  the 
door  to  carry  away  the  bucket  in  which  their 
supper  had  been  brought.  This  was  followed  by 
the  seizure  also  of  the  seven  guards  on  duty,  and 
before  the  alarm  was  given  eight  of  the  fugitives 
were  beyond  the  reach  of  pursuit.  It  has  been 
since  ascertained  that  six  of  these,  a*'ter  long  and 
painful  wanderings,  succeeded  in  reaching  our 
lines.  Of  the  fate  of  the  other  two,  nothing  is 
known.  The  remaining  six  of  the  fourteen,  con- 


282 


REBELLION  RECORD,  1862. 


sisting  of  the  five  witnesses  who  have  deposed, 
and  Mr.  Mason,  were  recaptured  and  confined  in 
the  barracks,  until  December,  when  they  were  re 
moved  to  Richmond.  There  they  were  shut  up 
in  a  room  in  Castle  Thunder,  where  they  shivered 
through  the  winter,  without  fire,  thinly  clad,  and 
with  but  two  small  blankets,  which  they  had  saved 
with  their  clothes,  to  cover  the  whole  party.  So 
they  remained  until  a  few  days  since,  when  they 
were  exchanged  ;  and  thus,  at  the  end  of  eleven 
months,  terminated  their  pitiless  persecutions  in 
the  prisons  of  the  South  —  persecutions  begun 
and  continued  amid  indignities  and  sufferings  on 
their  part,  and  atrocities  on  the  part  of  their  trai 
torous  foes,  which  illustrate  far  more  faithfully 
than  any  human  language  could  express  it,  the 
demoniac  spirit  of  a  revolt,  every  throb  of  whose 
life  is  a  crime  against  the  very  race  to  which  we 
belong. 

Very  respectfully,  your  obedient  servant, 

J.  HOLT, 
tJudge  Advocate  General. 

Hon.  EDWIN  M.  STANTON,! 

Secretary  of  War. 
TESTIMONY. 

Depositions  of  Corporal  William  Pittenger,  company 
G,  Second  regiment  Ohio  volunteers ;  private  Jacob 
Parrot,  company  K,  Thirty-third  regiment  Ohio  vol 
unteers  ;  private  Robert  Buffum,  company  H,  Twen 
ty-first  regiment  Ohio  volunteers  ;  Corporal  William 
Reddick,  company  B,  Thirty-third  regiment  Ohio 
volunteers;  and  private  William  Bensinger,  compa 
ny  G,  Twenty-first  regiment  Ohio  volunteers,  taken 
at  the  office  of  the  Judge  Advocate  General  of  the 
Army,  in  the  city  of  Washington,  on  the  twenty- 
fourth  of  March,  1863,  before  N.  Callan,  Justice  of 
the  Peace,  in  compliance  with  the  written  instruc 
tions  of  the  Secretary  of  War. 

Corporal  WILLIAM  PITTENGER  was  duly  sworn 
and  examined,  as  follows,  by  the  Judge  Advocate 
General : 

Question.  Will  you  state  what  position  you 
hold  in  the  military  service  ? 

Answer.  I  am  a  corporal  in  company  G,  Second 
regiment  Ohio  volunteers. 

Question.  Will  you  state  whether  you  belonged 
to  the  expedition  fitted  out  in  the  spring  of  1862 
by  General  0.  M.  Mitchel,  for  operations  in  the 
State  of  Georgia  ? 

Answer.  I  did. 

Question.  Please  state  the  character  of  that 
expedition,  the  number  of  men  engaged  in  it,  its 
operations,  and  the  final  result. 

Answer.  The  expedition  was  planned  between 
Gen.  Mitchel  and  Mr.  J.  J.  Andrews,  a  citizen  of 
Kentucky,  then  in  the  secret  service  of  the  Gov 
ernment.  Mr.  Andrews  asked  for  a  detail  of 
twenty-four  men  from  the  three  Ohio  regiments 
of  the  brigade  then  commanded  by  Colonel,  after 
wards  General  Sill.  Of  these  twenty-four  men 
only  twenty-two  succeeded  in  getting  through  the 
lines.  The  object  of  the  expedition  was  to  de 
stroy  the  communications  on  the  Georgia  State 
Railroad,  between  Atlanta  and  Chattanooga,  by 
burning  the  bridges.  For  this  purpose  we  in 
tended  to  seize  an  engine  and  a  train  of  cars,  at  a 


place  where  there  could  be  no  other  engine  and 
train  of  cars  to  pursue  us,  and  to  run  ahead,  cut 
ting  the  telegraph-wires,  and  burning  the  bridges 
behind  us,  if  possible,  until  we  should  reach  our 
own  lines.  Gen.  Mitchel  at  that  time  was  mov 
ing  on  Huntsville,  and  it  was  supposed  that  he 
would  be  there  as  soon  as  we  could  reach  there. 
We  started  in  citizen's  clothes ;  we  were  ordered 
to  dress  in  citizen's  clothes,  armed  with  side-arms 
only,  and  we  were  to  pass  through  the  lines  in 
squads  of  three  or  four,  to  meet  at  Chattanooga. 
We  met  no  pickets  or  opposition  of  any  kind  on 
the  way,  there  being  no  large  military  force  there 
—  nothing  but  carnps  of  instruction  for  new  re 
cruits  in  that  section  of  the  country.  From  Chat 
tanooga  we  proceeded  to  Marietta,  Georgia,  by 
rail,  and  arrived  there  on  the  night  of  eleventh 
of  April,  at  midnight.  On  the  morning  of  the 
twelfth,  we  took  passage  back  again  from  Mari 
etta  towards  Chattanooga,  and  at  a  place  called 
Big  Shanty,  while  the  passengers,  the  engineer, 
and  conductor  were  at  breakfast,  we  detached 
the  engine  and  three  box-cars  from  the  train,  and 
started.  There  was  no  engine  there  to  pursue 
us,  but  we  were  pursued  by  a  hand-car.  Mr. 
Andrews,  the  leader  of  the  expedition,  had  a 
schedule  of  the  road,  and  according  to  that  sche 
dule  we  had  but  one  train  to  pass,  at  a  station 
but  a  short  distance  from  where  we  captured  the 
train  ;  and  after  that  we  intended  to  run  the 
train  through  at  full  speed,  and  accomplish  the 
object  of  the  expedition.  Unfortunately,  how 
ever,  that  morning,  for  the  first  time,  two  other 
additional  trains  had  been  put  on  the  road,  mak 
ing  three  that  we  had  to  meet  and  pass  instead 
of  one,  and  at  considerable  intervals.  We  were 
obliged  to  wait  at  one  station  for  twenty-five  min 
utes,  and  at  the  second  we  had  to  wait ;  and  we 
were  also  delayed  waiting  for  the  third  train  ;  by 
this  means  we  lost  so  much  time  that  those  pur 
suing  came  nearly  up  with  us  from  behind,  and 
we  had  no  time  to  accomplish  the  object  of  the 
expedition.  We  attempted  to  delay  the  pursuit 
by  taking  up  the  rails,  but  they  had  forethought 
nough  to  take  a  party  of  workmen  with  them  to 
lay  the  rails  again.  We  proceeded  until  we  were 
within  some  fifteen  or  eighteen  miles  of  Chatta 
nooga,  when  we  got  out  of  wood  and  water,  and 
the  pursuing  train  was  so  close  behind  us  that 
we  had  not  time  to  take  in  any  more,  and  we 
therefore  abandoned  the  train.  Our  leader,  Mr. 
Andrews,  told  us  to  take  to  the  woods,  and  dis 
perse,  and  save  ourselves  if  we  could.  We  were 
mmediately  pursued  by  the  whole  population. 
There  was  great  excitement,  and  all  the  planters 
and  people  of  the  neighborhood  turned  out  with 
the  dogs  that  they  employed  to  hunt  their  ne 
groes,  and  pursued  us.  Some  of  our  party  were 
taken  that  day  and  some  on  the  next  day ;  two 
were  not  taken  until  three  weeks  afterwards,  but 
all  were  finally  captured.  The  party  consisted 
of  twenty  United  States  soldiers,  one  citizen  of 
Kentucky,  who  was  on  a  visit  to  our  regiment 
and  went  in  the  place  of  another  soldier,  and  Mr. 
Andrews,  our  leader. 

Question.  Who  was  Mr.  Andrews  ? 


DOCUMENTS. 


283 


Answer.  He  was  a  citizen  in  the  employ  of  the 
Government ;  he  had  been  employed  in  the  secret 
service  of  the  Government.  He  told  me  about 
several  of  his  expeditions  ;  among  others,  he 
stated  that  he  had  visited  Fort  Donelson  before 
it  was  captured.  We  were  all,  twenty-two  of  us, 
taken  to  the  jail,  or  rather  the  negro-prison  in 
Chattanooga,  and  confined  there  in  a  lower  apart 
ment,  or  dungeon,  of  the  building,  only  about 
thirteen  feet  square,  and  about  the  same  height, 
and  partly  under  ground,  having  only  two  win 
dows  on  opposite  sides,  not  over  eighteen  inches 


counsel.  When  our  men  demanded  the  privilege 
of  hearing  the  plea  of  our  own  counsel,  and  of 
the  Judge  Advocate  against  us,  they  refused  it. 
The  first  one  who  was  tried  demanded  that  privi 
lege,  and  they  refused  him,  and  said  they  would 
not  allow  it,  which,  of  course,  amounted  to  a  re- 
fusal  for  all.  Our  lawyer,  however,  visited  us, 
and  read  his  plea  to  us.  I  suppose  that  it  was 
the  same  which  he  read  in  court,  in  which  he 
contended  that  our  being  dressed  in  citizen's 
clothes  was  nothing  more  than  what  the  confed 
erate  government  itself  had  authorized,  and  was 


in  diameter,  with  triple  rows  of  bars.  The  ven- 1  only  what  all  the  guerrillas  in  the  service  of  the 
tilation  there  was  so  imperfect  that  it  reminded  Confederacy  did  on  all  occasions  when  it  would 
me  more  of  the  Black  Hole  of  Calcutta  than  any  be  of  advantage  to  them  to  do  so.  And  he  cited 
thing  else.  When  the  first  of  our  party  were  the  instance  of  Gen.  Morgan  having  dressed  his 
taken  there  to  the  jail,  there  were  others,  Union  men  in  the  uniform  of  our  soldiers,  and  passed 
men  of  Tennessee,  who  were  confined  there  in  j  them  off  as  being  from  the  Eighth  Pennsylvania 
this  same  room  ;  as  others  of  our  party  were  |  cavalry  regiment,  and  by  that  means  succeeded 
taken  and  brought  there,  some  of  these  Union  I  in  reaching  a  railroad  and  destroying  it.  This 
men  were  taken  out,  until,  finally,  there  were  instance  was  mentioned  to  show  that  our  being 
none  there  but  the  twenty-two  of  our  party,  dressed  in  citizen's  clothes  did  not  take  from  us 
We  were  placed  in  irons,  were  handcuffed,  and  j  the  protection  accorded  to  prisoners  of  war.  The 
chained  twos  and  twos  with  chains  ;  I  think  |  plea  went  on  further  to  state  that  we  had  told 
there  were  two  parties  of  three  coupled  together,  j  the  object  of  our  expedition — that  it  was  a  purely 
u,if  fv,«  ».^rv,o;n,irL».  ,.T™.r>  ™,,,-vinri  i n  f«r/^  rpi-.^  military  one  for  the  destruction  of  communica 
tion,  and,  as  such,  lawful  according  to  the  rules 
of  war.  What  reply  the  Judge  Advocate  made 
to  this  we  never  had  any  means  of  knowing,  as 
we  were  not  allowed  to  hear  it.  Members  of  the 
court-martial,  however,  visited  us,  and  told  us 
that  from  the  evidence  against  us  we  could  not 
be  convicted  as  spies  ;  that  we  came  for  a  certain, 
known  object,  did  not  visit  in  their  camps  at  any 
place,  did  not  remain  about  them  or  seek  to  ob 
tain  any  information  of  them,  and  therefore  we 
could  not  be  convicted  as  spies.  Shortly  after 
wards  they  transferred  us  twelve  to  Atlanta,  Ga., 
where  those  who  had  remained  in  Chattanooga 


but  the  remainder  were  coupled  in  twos.  The 
trap-door  of  the  building,  the  only  entrance,  was 
raised  only  to  let  down  our  meals,  which  were 
lowered  to  us  in  a  bucket,  by  a  rope,  twice  a  day. 
Our  fare  was  very  scanty,  and  we  were  reduced 
so  as  to  be  scarcely  able  to  walk,  although  before 
we  had  all  been  well,  hearty,  strong  men.  We 
were  confined  there,  I  think,  for  a  little  over 
three  weeks,  and  when  we  came  out,  at  the  end 
of  that  time,  we  were  scarcely  able  to  walk  ; 
some  actually  staggered  along  as  they  marched 
to  the  cars.  While  we  were  there  Mr.  Andrews 
was  tried  before  a  court-martial,  under  the  orders, 
I  believe,  of  Gen.  Leadbetter,  or  those  of  Kirby 


Smith,  his  superior.  His  sentence  was  not  an- 1  had  been  previously  taken.  After  remaining 
nounced  until  we  had  left  there.  After  we  had  I  there  for  a  short  time,  an  order  came  for  the  exe- 
been  confined  there  about  three  weeks,  General  cution  of  our  seven  comrades  who  had  been  tried. 
Mitchel  advanced  to  Bridgeport,  producing  a  I  It  was  at  that  time  entirely  unexpected  to  us,  al- 
great  panic  in  Chattanooga  ;  and  they  transferred  though  at  first  it  would  not  have  been.  Sentence 


us  south  to  Madison,  in  Georgia.  We  remained 
there  until  they  found  that  Gen.  Mitchel  did  not 
intend  to  advance  on  Chattanooga,  wrhen  they 


of  death  was  read  to  them,  and  they  were  imme 
diately  tied,  without  any  time  for  preparation 
being  allowed  them.  They  were  told  to  bid  us 


brought  us  back.     By  this  time  we  had  been  put  j  farewell,  and  "  to  be  quick  about  it,"  and  then 


under  the  charge  of  a  captain,  who  interceded 
for  us  and  procured  us  some  little  better  quar 
ters.  We  were  allowed  to  occupy  an  upper  story 
ol  the  jail,  a  room  of  the  same  size  but  having 
larger  windows,  and  three  instead  of  two.  We 
remained  there  a  few  days — I  do  not  remember 
exactly  how  long — when  twelve  of  us  were  taken 
to  Knoxville,  and  the  remainder  were  kept  in 


Chattanooga, 
to   Knoxville. 


I  was  one  of  those  who  were  sent 
Shortly  after   we  had   gone   to 


Knoxville,  Mr.  Andrews's  sentence  was  read  to 
him,  and,  in  accordance  with  that,  he  was  exe 
cuted  at  Atlanta,  Ga.,  on  the  seventh  of  June. 
At  Knoxville  some  of  our  boys  were  put  on  trial 
as  spies.  Only  seven  were  tried,  and  the  trial 
occupied  but  a  very  short  time.  Although  we 
were  allowed  the  privilege  of  employing  counsel, 
yet  we  were  not  allowed  to  hear  the  pleas  of 


they  were  taken  out  of  the  prison,  and  we  could 
see  them  from  the  window,  in  a  wagon,  escorted 
by  cavalry.  In  the  course  of  something  like  an 
hour  or  so,  the  cavalry  returned  without  them. 
That  evening  Captain  Forakers,  the  provost-mar 
shal,  called  upon  us.  We  asked  him  how  our 
companions  had  met  their  fate.  He  told  us,  like 
brave  men.  The  next  day  we  COP  versed  with 
the  guard  who  was  guarding  us  ;  with  one  in 
particular,  who  described  the  scene  of  the  execu 
tion  where  he  was  present.  He  told  us  of  the 
speech  that  one  of  those  men,  named  Wilson, 
from  my  regiment,  had  made  on  the  scaffold ; 
and  also  told  us  that  two  of  the  heaviest  men  had 
broken  the  ropes  when  they  were  hanging,  and 
fell  to  the  ground.  They  afterwards  revived  and 
asked  for  a  drink  of  water,  which  was  given  to 
them  ;  and  they  requested  an  hour  to  prepare  for 


284 


REBELLION   RECORD,  1862. 


death,  and  to  pray  before  they  were  again  hung 
up.  That  was  refused  them,  and  as  soon  as  the 
ropes  were  adjusted  they  were  compelled  to  as 
cend  the  scaffold  again.  The  guard  told  me  that 
Mr.  Wilson  had  spoken  very  calmly  ;  had  told 
them  that  they  were  all  in  the  wrong  ;  that  they 
would  yet  see  the  time  when  the  old  Union  would 
be  restored,  and  the  flag  of  our  country  would 
wave  over  all  of  that  country  ;  that  he  had  no 
bad  feelings  towards  the  Southern  people ;  but 
considered  that  it  was  only  their  leaders  who 
were  to  blame  for  the  course  they  had  taken. 
He  also  said  that  although  he  was  condemned  as 
a  spy,  he  was  none  ;  but  was  a  regularly  detailed 
soldier,  and  died  perfectly  innocent  of  the  charge 
against  him ;  that  he  did  not  regret  to  die  for  his 
country,  but  only  regretted  the  manner  of  his 
death.  That  is  the  substance  of  it,  as  far  as  I 
can  recollect.  We  all  expected  to  share  the  same 
fate  as  our  companions. 

We  remained  there  confined  very  closely  in  the 
city  jail.  A  special  guard  was  placed  over  us 
from  and  before  the  time  of  the  execution,  on  the 
eighteenth  of  June,  until  in  October.  We  were 
all,  fifteen  of  us,  kept  in  the  same  room  all  the 
time — a  room  not  much  larger  than  this,  (the 
Judge  Advocate  General's  office.;  I  said  there 
were  fifteen  of  us — the  fourteen  surviving  mem 
bers  of  the  expedition  and  a  Capt  Frye,  a  Fede 
ral  officer  of  East-Tennessee,  who  had  been  sent 
from  Knoxville  with  us,  and  confined  in  the  same 
room  with  us,  as  they  considered  it  the  securest 
part  of  the  building. 

Question.  What  knowledge,  if  any,  have  you 
of  one  of  your  companions  in  this  expedition — Mr. 
Parrot — having  been  seized  and  scourged  by  the 
confederate  authorities  ?  State  all  you  know  on 
the  subject,  either  from  your  own  knowledge,  or 
from  his  statements,  or  from  the  statements  of 
confederate  officers. 

Answer.  That  occurred  before  I  was  myself 
captured,  after  leaving  the  train.  Mr.  Parrot 
himself  gave  me  a  complete  narrative  of  the  trans 
action  as  soon  as  we  reached  Chattanooga,  where 
we  were  all  taken  after  a  time.  In  addition  to  his 
statement,  I  heard  the  statement  of  his  compan 
ion,  the  man  taken  with  him,  and  one  of  those 
subsequently  executed,  who  told  me  substantially 
the  same  story  that  Mr.  Parrot  did — that  Mr. 
Parrot  received  over  one  hundred  lashes  to  make 
him  confess  the  objects  of  the  expedition,  the 
names  of  his  companions,  and  particularly  the 
name  of  the  engineer  who  ran  the  train,  all  of 
which  he  refused  to  do.  It  was  said  by  the  con 
federates  that  this  flogging  was  inflicted  by  a 
mob ;  that  "they  took  him  and  whipped  him" — 
that  was  the  expression  they  used.  Afterwards, 
when  we  were  going  to  Madison,  at  the  time 
when  we  were  taken  away  from  Chattanooga,  a 
confederate  officer  called  upon  us  at  a  station 
where  the  cars  stopped,  and  spoke  to  Mr.  Parrot 
in  my  hearing,  and  told  him  that  he  admired  his 
courage  and  hardihood  in  refusing  to  confess  un 
der  the  flogging  he  had  received,  and  also  stated 
that  he  was  sorry  that  they  had  beaten  him  so 
severely. 


In  October  Colonel  Lee,  who  was  then  provost- 
marshal,  having  taken  the  place  of  the  former  pro 
vost-marshal,  came  to  us  and  told  us  that  he  had 
received  a  letter  from  the  Secretary  of  War  of  the 
Confederacy,  inquiring  why  we  had  not  ad  been 
executed.  Col.  Lee  told  us  that  he  had  replied 
that  he  was  personally  unacquainted  with  the 
affair,  but  he  supposed  it  was  probable  that  there 
were  some  mitigating  circumstances  in  our  cases, 
and  had  referred  to  the  court-martial  which  tried 
the  others  for  those  circumstances.  One  or  two 
days  after  that  the  jailer  was  overheard  talking 
with  an  officer  of  the  guard,  and  telling  him  that 
the  remainder  of  our  party  were  to  be  executed 
also.  From  this  we  supposed  that  the  Secretary 
of  War  had  ordered  it,  and  we  determined  to  es 
cape  if  possible.  On  the  evening  of  the  next  day, 
after  we  had  had  our  supper,  when  they  opened 
the  door  to  take  out  the  buckets  in  which  our 
supper  was  brought,  we  seized  the  jailer  and  held 
him,  opened  another  room  of  the  prison,  in  which 
others  were  confined,  went  down-stairs,  and 
seized  the  guard — there  were  seven  of  the  guard 
— and  then  attempted  to  make  our  escape,  and 
eight  of  us  succeeded  in  getting  off  before  the 
alarm  was  given.  The  others  were  captured  ; 
four  on  the  same  evening,  and  two  others  the  next 
day.  I  was  one  of  those  captured  on  the  same 
evening.  Shortly  after  that,  they  removed  us  to 
the  barracks  in  town,  where  we  were  better  treat 
ed,  more  kindly  treated  than  we  had  ever  been 
before  that.  We  remained  there  until  December, 
when  we  were  sent  to  Richmond.  We  were  first 
taken  to  the  Libby  prison,  and  told  that  we  were 
to  be  exchanged.  They  sent  a  very  light  guard 
along  with  us,  trusting  to  our  belief  that  we  would 
be  exchanged ;  and,  so  believing,  we  went  along 
quietly  and  made  no  attempt  to  escape,  which  we 
could  easily  have  done.  \Ve  were  taken  to  the 
Libby  prison  and  kept  there  about  an  hour,  and 
then  transferred  to  the  criminal  prison,  Castle 
Thunder.  Here  we  were  put  into  a  little  room 
up-stairs,  of  which  three  sides  were  only  weather- 
boarded,  and  there  we  remained  during  the 
months  of  December  and  January,  without  any 
fire  and  with  a  very  scanty  supply  of  clothing,  as 
they  had  taken  all  our  blankets  from  us  when  we 
left  Atlanta,  with  the  exception  of  two  small  ones 
which  we  had  managed  to  secrete  when  we  left 
the  barracks.  This  was  the  only  covering  we  had 
during  those  two  months  for  all  six  of  us  there. 
We  were  very  destitute  of  other  clothing  at  that 
time,  nearly  out  of  it  in  fact.  About  the  first  of 
February,  however,  they  wanted  that  room,  with 
a  number  of  other  rooms  on  the  same  floor,  for 
hospital  purposes,  and  transferred  us  to  a  large 
room  down-stairs  on  the  ground-floor,  which  was 
assigned  to  Union  prisoners.  Here  we  enjoyed 
more  liberty  than  we  had  before,  and  remained 
until  a  special  exchange  was  made.  They  at* 
tempted  to  exchange  us  as  citizens,  leaving  our 
names  on  the  citizen's  list  from  Castle  Thunder, 
although  we  had  our  names  marked  as  soldiers, 
and  our  companies  and  regiments  were  down  on 
the  prison-books,  and  in  the  charges  and  specifi 
cations  given  to  the  seven  of  our  comrades  who 


DOCUMENTS. 


285 


were  tried  and  executed,  it  was  admitted  that 
they  were  soldiers,  and  their  companies  and  regi 
ments  were  named. 

Question.  Were  the  men  engaged  in  that  expe 
dition  detailed  by  the  officers,  or  did  they  volun 
teer  ?  Under  what  circumstances  did  they  enter 
upon  that  expedition  ? 

Answer.  Gen.  Mitchel  issued  an  order  to  the 
colonels  of  the  three  Ohio  regiments  in  Sill's  bri 
gade  to  have  a  man  detailed  from  each  company 
— for  the  captain  of  each  company  to  select  a  re 
liable  man  of  his  company  for  this  purpose.  They 
were  then  sent  to  the  colonel's  quarters  and  told 
what  they  were  wanted  to  do — that  they  were 
wanted  to  dress  in  citizen's  clothes  and  obey  the 
orders  of  Mr.  Andrews.  The  expedition  was  not 
explained  to  us  then,  but  we  were  told  that  we 
were  to  obey  Mr.  Andrews's  orders,  and  to  go 
with  him  on  a  secret  expedition.  The  object  of 
the  expedition  was  explained  to  us  that  night  by 
Mr.  Andrews,  who  assembled  us  together  about  a 
mile  from  Shelbyville,  after  it  got  dark,  and  there 
gave  us  the  main  outlines ;  that  we  were  to  go 
into  Georgia  to  Marietta,  to  make  our  way  there 
as  well  as  we  could,  and  there  to  seize  a  train, 
and  he  would  be  with  us  all  the  time  after  reach 
ing  there  to  direct  us  how  to  proceed. 

Question.  The  leading  object  of  the  expedition 
was  to  cut  the  communications  and  destroy  the 
bridges  ? 

Answer.  Yes,  sir;  the  capture  of  the  engine 
and  train  was  merely  a  means  to  that  end. 

Question.  Have  you  any  evidence  of  the  esti 
mate  which  was  placed  by  the  confederate'  au 
thorities  upon  the  importance  of  this  expedition, 
had  it  been  successful  ? 

Answer.  I  have  a  paper  here  now,  one  of  the 
most  influential  in  the  State  of  Georgia,  at  least, 
called  the  Southern  Confederacy.  The  copy 
which  I  have  is  dated  April  fifteenth,  1862.  We 
seized  the  train  on  the  twelfth  of  April,  and  this 
paper  was  printed  three  days  after,  and  before 
they  had  learned  the  full  particulars  of  the  cap 
ture.  I  will  read  a  portion  of  that  article. 

(The  witness  then  produced  the  paper,  and  read 
from  the  article  referred  to.) 

Question.  How  came  you  in  possession  of  that 
paper  ? 

Answer.  The  officer  of  the  guard  in  charge  of 
us  had  it  and  laid  it  down,  and  I  took  it  and  have 
carried  it  secreted  about  •  my  person  ever  since, 
which  accounts  for  its  soiled  and  worn  condition. 
I  would  refer  to  the  entire  article  as  the  best  an 
swer  to  your  question,  as  to  the  importance  at 
tached  to  the  expedition  by  the  confederate  au 
thorities. 

(A  copy  of  the  article  referred  to  is  hereto  ap 
pended,  as  a  portion  of  this  deposition.) 

Question.  Were  you  personally  acquainted 
with  Mr.  Wilson,  who  made  the  address  upon  the 
scaffold  before  his  execution  ? 

Answer.  Yes,  sir. 

Question.  Will  you  state  to  what  company  and 
regiment  he  belonged,  and  from  what  part  of  the 
State  of  Ohio  he  came  ? 

Answer.  He  was  a  member  of  company  B,  of 
SUP.  Doc.  18 


the  Second  Ohio  regiment — my  regiment.  He 
had  resided  in  Cincinnati  a  long  time,  and  came 
from  there.  He  was  a  shoemaker  by  trade,  a  man 
between  thirty  and  thirty-five  years  of  age,  and 
had  travelled  a  great  deal  over  the  United  States, 
working  at  his  trade.  He  said  he  had  a  family 
of  two  children  ;  his  wife  was  not  living. 

Question.  Will  you  please  give,  if  you  can,  the 
names  of  all  your  comrades  who  were  executed, 
with  the  companies  and  regiments  to  which  they 
belonged  ? 

Answer.  There  was  George  D.  Wilson,  compa 
ny  B,  Second  Ohio  infantry ;  Marion  Ross,  com 
pany  A,  Second  Ohio  infantry,  the  sergeant-ma 
jor  of  the  regiment ;  Perry  G.  Shadrack,  compa 
ny  K,  Second  Ohio ;  Samuel  Roberson,  company 
G,  Thirty-third  Ohio  ;  Samuel  Slavens,  company 
D,  Thirty-third  Ohio;  John  Scott,  company  F, 
Twenty-first  Ohio  ;  William  Campbell,  a  citizen 
of  Kentucky  ;  and  J.  J.  Andrews,  a  citizen  of 
Kentucky  also,  and  our  leader.  William  Camp 
bell  was  on  a  visit  to  our  regiment  at  the  time 
this  detail  was  made.  The  captain  of  one  of  our 
companies  asked  him  if  he  would  go  in  the  place 
of  one  of  the  soldiers,  and  he  agreed  to  do  so.  We 
always  said,  when  questioned  about  him,  that  he 
was  a  soldier. 

Question.  Will  you  state  what  you  know,  if 
any  thing,  in  regard  to  the  origin  of  this  secret 
expedition — by  whom  it  was  planned,  and  when  ? 

Answer.  I  do  not  know  of  my  own  knowledge, 
but  Mr.  Andrews  told  me  that  he  himself,  in  his 
visits  to  the  South,  had  noticed  that  this  thing 
could  be  accomplished,  and  that  it  would  be  of 
great  benefit  to  us.  He  had  proposed  it  to  Gen. 
Buell,  who  did  not  give  him  much  encourage 
ment.  Afterwards  he  proposed  it  to  Gen.  Mitch- 
el,  who  gave  him  more  encouragement,  and  gave 
him  permission  to  take  eight  men  from  the  Second 
Ohio  regiment,  which  he  had  been  with  consider 
able,  and  attempt  to  execute  the  plan.  The  men 
were  given  him,  and  he  proceeded  in  the  same 
way  that  we  did  to  Atlanta ;  but  on  arriving 
there,  they  found  that  the  engineer,  whom  Mr. 
Andrews  had  engaged  to  run  the  train  for  them, 
was  not  there,  on  account  of  having  been  pressed 
to  run  reinforcements  to  Beauregard  at  Corinth. 
For  this  reason  they  were  obliged  to  give  up  the 
plan,  and  go  quietly  back  as  passengers  to  Chat 
tanooga,  and  then  return  through  the  country  to 
our  camp.  Mr.  Andrews  then  told  Gen.  Mitchel 
that  from  all  he  had  seen  in  that  expedition,  he 
still  considered  the  thing  easy  of  accomplishment, 
and  asked  for  a  larger  detail  of  twenty-four  men 
from  the  three  regiments,  which  he  obtained.  He 
asked  to  have  some  engineers  selected,  so  that 
there  should  be  no  possibility  of  a  failure  the  sec 
ond  time  like  the  first.  There  were  consequently 
four  men  in  our  party  who  could  run  engines ; 
only  one,  however,  did  so  on  that  expedition. 
None  of  those  on  the  first  expedition  went  on  the 
second ;  entirely  new  men  were  selected  the  sec 
ond  time. 

Question.  Will  you,  if  you  can,  give  the  names 
of  the  members  of  that  expedition,  in  addition  to 
those  spoken  of  in  this  testimony — that  is  to  sajr, 


286 


REBELLION  RECORD,  1862. 


the  witnesses  who  are  to  depose  here,  together 
with  a  Mr.  Mason,  and  the  seven  who  were  exe 
cuted  ? 

Answer.  They  are  as  follows  :  William  Knight, 
company  E,  Twenty-first  Ohio  ;  Wilson  H.  Brown, 
company  F,  Twenty-first  Ohio ;  Daniel  A.  Dor- 
sey,  company  H,  Thirty-third  Ohio  ;  Mark  Wood, 
company  C,  Twenty-first  Ohio ;  Alfred  Wilson, 
of  the  same  company  and  regiment.  This  was 
the  only  instance  where  two  men  were  taken  from 
the  same  company.  Martin  J.  Hawkins,  compa 
ny  A,  Thirty-third  Ohio  ;  John  Wollan,  company 
C,  Thirty-third  Ohio ;  and  John  R.  Porter,  com 
pany  G,"  Twenty-first  Ohio.  These  eight  that  I 
have  just  named  were  those  who  succeeded  in 
making  their  escape,  and  were  not  retaken  at  the 
time  that  we  were.  We  saw  in  a  confederate  pa 
per  an  extract  from  the  Cincinnati  Commercial, 
stating  that  the  two  last  named,  Wollan  and  Por 
ter,  had  succeeded  in  reaching  our  lines,  in  a  very 
destitute  condition,  at  Corinth,  which  was  then  in 
our  possession.  We  were  told  by  Col.  Lee,  the 
provost-marshal  at  Atlanta,  that  three  of  those 
who  had  escaped  had  been  shot  and  left  in  the 
woods ;  but  we  did  not  know  how  much  depend 
ence  to  place  upon  that. 

WILLIAM  PITTENGER, 

Company  G,  Second  Ohio  Regiment  Volunteers. 

THE   GREAT  RAILROAD   CHASE!* 

THE  MOST  EXTRAORDINARY  AND  ASTOUNDING  ADVENTURE 
OF  THE  WAR.  —  THE  MOST  DARING  UNDERTAKING  THAT 
YANKEES  EVER  PLANNED  OR  ATTEMPTED  TO  EXECUTE. 

Stealing  an  engine— Tearing  up  the  track — Pursued 
on  foot,  on  hand-cars  and  engines — Overtaken — A 
scattering — The  capture — The  wonderful  energy  of 
Messrs.  Fuller,  Murphy,  and  Cain — Some  reflections, 
etc.,  etc. 

FULL    PARTICULARS. 

Since  our  last  issue  we  have  obtained  full  par 
ticulars  of  the  most  thrilling  railroad  adventure 
that  ever  occurred  on  the  American  continent,  as 
well  as  the  mightiest  and  most  important  in  its 
results,  if  successful,  that  has  been  conceived  by 
the  Lincoln  government  since  the  commencement 
of  this  war.  Nothing  on  so  grand  a  scale  has 
been  attempted,  and  nothing  within  the  range  of 
possibility  could  be  conceived,  that  would  fall 
with  such  a  tremendous  crushing  force  upon  us, 
as  the  accomplishment  of  the  plans  which  were 
concocted  and  dependent  on  the  execution  of  the 
one  whose  history  we  now  proceed  to  narrate. 

Its  reality — what  was  actually  done — excels 
all  the  extravagant  conceptions  of  the  Arrow- 
smith  hoax,  which  fiction  created  such  a  pro 
found  sensation  in  Europe. 

To  make  the  matter  more  complete  and  intelli 
gible,  we  will  take  our  readers  over  the  same 
history  of  the  case  which  we  related  in  our  last, 
the  main  features  of  which  are  correct,  but  are 
lacking  details,  which  have  since  come  to  hand. 

We  will  begin  at  the  breakfast-table,  in  the 
Big  Shanty  hotel  at  Camp  McDonald,  on  the  W. 
and  A.  Railroad,  where  several  regiments  of  sol- 
*  Prom  the  Southern  Confederacy  of  April  15, 1862. 


|  diers  are  now  encamped.  The  morning  mail  and 
I  passenger-train  had  left  here  at  four  A.M.  on  last 
Saturday  morning  as  usual,  and  had  stopped 
!  there  for  breakfast.  The  conductor,  W.  A.  Ful 
ler,  the  engineer,  J.  Cain  —  both  of  this  city — 
and  the  passengers,  were  at  the  table,  when  some 
eight  men,  having  uncoupled  the  engine  and  three 
empty  box-cars  next  to  it  from  the  passenger  and 
baggage-cars,  mounted  the  engine,  pulled  upon 
the  valve,  put  on  all  steam,  and  left  conductor, 
engineer,  passengers,  spectators,  and  the  soldiers 
I  in  the  camp  hard  by,  all  lost  in  amazement,  and 
i  dumbfounded  at  the  strange,  startling,  daring  act. 
This  unheard-of  act  was  doubtless  undertaken 
at  that  place  and  time  upon  the  presumption  that 
;  pursuit  could  not  be  made  by  an  engine  short  of 
Kingston,  some  thirty  miles  above  or  from  this 
place ;  and  that,  by  cutting  down  the  telegraph- 
wires  as  they  proceeded,  the  adventurers  could 
calculate  on  at  least  three  or  four  hours'  start  of 
any  pursuit  it  was  reasonable  to  expect.  This 
was  a  legitimate  conclusion,  and  but  for  the  wrill, 
energy,  and  quick  and  good  judgment  of  Mr.  Ful 
ler  and  Mr.  Cain,  and  Mr.  Anthony  Murphy,  the 
intelligent  and  practical  foreman  of  the  wood  de 
partment  of  the  State  road  shop,  who  accidental 
ly  went  on  the  train  from  this  place  that  morn 
ing,  their  calculations  would  have  wTorked  out  as 
originally  contemplated,  and  the  results  would 
have  been  obtained  long  ere  this  reaches  the  eyes 
of  our  readers — the  most  terrible  to  us  of  any 
that  we  Cftn  conceive  as  possible,  and  unequalled 
by  any  thing  attempted  or  conceived  since  this 
war  was  commenced.  Now  for  the  chase : 

These  three  determined  men,  without  a  mo- 
|  ment's  delay,  put  out  after  the  flying  train  on 
\foot,  amidst  shouts  of  laughter  by  the  crowTd, 
who,  though  lost  in  amazement  at  the  unexpect 
ed  and  daring  act,  could  not  repress  their  risibili 
ty  at  seeing  three  men  start  after  a  train  on  foot, 
j  which  they  had  just  witnessed  depart  at  light- 
I  ning  speed.     They  put  on  all  tneir  speed  and  ran 
along  the  track  for  three  miles,  when  they  came 
]  across  some  track-raisers  who  had  a  small  truck- 
j  car,  wrhich  is  shoved  along  by  men  so  employed 
I  on  railroads,  on  which  to  carry  their  tools.     This 
i  truck  and  men  were  at  once  "  impressed."     They 
|  took  it  by  turns  of  two  at  a  time  to  run  behind 
j  this  truck  and  push  it  along  all  up-grades  and 
j  level  portions  of  the  road,  and  let  it  drive  at  will 
I  on  all  the  down-grades. 

A  little  way  further  up  the  fugitive  adventurers 
had  stopped,  cut  the  teiegraph-wires,  and  torn 
up  the  track.  Here  the  pursuers  were  thrown  at 
pell-mell,  truck  and  men,  upon  the  side  of  the 
road.  Fortunately  "nobody  was  hurt  on  our 
side."  The  truck  was  soon  placed  on  the  road 
again,  enough  hands  were  left  to  repair  the  track, 
and  writh  all  the  power  of  determined  will  and 
muscle  they  pushed  on  to  Etowah  station,  some 
twenty  miles  above.  Here,  most  fortunately, 
Major  Cooper's  old  coal-engine,  the  "Yonah," 
one  of  the  first  engines  on  the  State  road,  was 
standing  out  fired  up.  This  venerable  locomo 
tive  was  immediately  turned  upon  her  old  track, 
and,  like  an  old  racer  at  the  tap  of  the  drum, 


DOCUMENTS. 


287 


pricked  up  her  ears,  and  made  fine  time  to  Kings- 
ston. 

The  fugitives,  not  expecting  such  early  pur 
suit,  quietly  took  in  wood  and  water  at  Cass  sta 
tion,  and  borrowed  a  schedule  from  the  tank- 
tender  upon  the  plausible  plea  that  they  were 
running  a  pressed  train  loaded  with  powder  for 
Beauregard. 

The  attentive  and  patriotic  tank-tender,  Mr. 
"William  Russell,  said  he  gave  them  his  schedule, 
and  would  have  sent  the  shirt  off  his  back  to 
Beauregard  if  it  had  been  asked  for.  Here  the 
adventurous  fugitives  inquired  which  end  of  the 
switch  they  should  go  in  on  at  Kingston.  "When 
they  arrived  at  Kingston  they  stopped,  went  to 
the  agent  there,  told  the  powder-story,  readily 
got  the  switch-key,  went  on  the  upper  turn-out, 
and  waited  for  the  down  way  freight-train  to 
pass.  To  all  in 
powder-story, 
they  immediately  proceeded  on  the  next  station, 
Adairsville,  where  they  were  to  meet  the  regular 
down  fre  ight- 1  ra  i  n. 

At  some  point  on  the  way  they  had  taken  on 
some  fifty  cross-ties,  and  before  reaching  Adairs 
ville  they  stopped  on  a  curve,  tore  up  the  rails, 
and  put  seven  cross-ties  on  the  track,  no  doubt 
intending  to  wreck  this  down  freight-train  which 


iquiries  they  replied  with  the  same 
W'hen  the  freight-train  had  passed 


sut  proved,  was  but  little  in  the  way  of  the  dead 
game,  pluck  and  resolution  of  Fuller  and  Mur 
phy,  who  left  the  engine  and  again  put  out  on 
foot  alone.  After  runni.ng  two  miles  they  met 
the  down  freight-train  one  mile  out  from  Adairs 
ville.  They  immediately  reversed  the  train  and 
run  backwards  to  Adairsville,  put  the  cars  on 
the  siding  and  pressed  forward,  making  fine  time 
to  Calhoun,  where  they  met  the  regular  down 
passenger- train.  Here  they  halted  a  moment, 
took  on  board  a  telegraph  operator  and  a  number 
of  men,  who  again  volunteered,  taking  their  guns 
along,  and  continued  the  chase.  Mr.  Fuller  also 
took  in  here  a  company  of  track- hands  to  repair 
the  track  as  they  went  along.  A  short  distance 
above  Calhoun  they  flushed  their  game  on  a  curve, 
where  they  doubtless  supposed  themselves  out 
of  danger,  and  were  quietly  oiling  the  engine, 
taking  up  the  track,  etc.  Discovering  that  they 
were  pursued,  they  mounted  and  sped  away, 
throwing  out  upon  the  track  as  they  went  along 
the  heavy  cross-ties  they  had  prepared  themselves 
with.  This  was  done  by  breaking  out  the  end 
of  the  hindmost  box-car  and  pitching  them  out. 
Thus  "nip  and  tuck"  they  passed  with  fearful 
speed  Resaca,  Tilton,  and  on  through  Dalton. 
The  rails  which  they  had  taken  up  last  they  took 
off  with  them,  besides  throwing  out  cross-ties 


would  be  along  in  a  few  minutes.     They  had  out   upon  the  track  occasionally,  hoping  thereby  the 


upon  the  engine  a  red  handkerchief  as  a  kind  of 
flag  or  signal,  which,  in  railroading,  means  an 
other  train  is  behind,  thereby  indicating  to  all 
that  the  regular  passenger-train  would  be  along 
presently.  They  stopped  a  moment  at  Adairs 
ville,  and  said  Fuller,  with  the  regular  passenger- 
train,  was  behind,  and  would  wait  at  Kingston 
for  the  freight-train,  and  told  the  conductor  there 
on  to  push  ahead  and  meet  him  at  that  point. 
They  passed  on  to  Calhoun,  where  they  met  the 
down  passenger-train  due  here  at  twenty  minutes 
past  four  P.M.,  and  without  making  any  stop  they 


proceeded  on,  on,  and  on. 

But  we  must  return  to  Fuller  and  his 


party, 


whom  we  have  unconsciously  left  on  the  old 
"  Yonah,"  making  their  way  to  Kingston.  Ar 
riving  there,  and  learning  the  adventurers  were 
but  twenty  minutes  ahead,  they  left  the  "  Yonah  " 
to  blow  off  while  they  mounted  the  engine  of  the 
Rome  Branch  road,  which  was  ready  fired  up, 
and  waiting  for  the  arrival  of  the  passenger-train 
nearly  due,  when  it  would  have  proceeded  to 
Rome.  A  large  party  of  gentlemen  volunteered 
for  the  chase,  some  at  Acworth,  Allatoona,  Kings 
ton,  and  other  points,  taking  such  arms  as  they 
could  lay  their  hands  on  at  the  moment,  and  with 
this  fresh  engine  they  set  out  with  all  speed,  but 
with  "  great  care  and  caution,"  as  they  had  scarce- 
lv  time  to  make  Adairsville  before  the  down 


ly  time   to   make  Auairsville    beiore   tne  down   again  tore  up  tne  track,  cut  down  a  telegraph- 
freight-train  would  leave  that  point.    Sure  enough  !  pole,  and  placed  the  two  ends  of  it  under  the 


more  surely  to  impede  the  pursuit ;  but  all  this 
was  like  tow  to  the  touch  of  fire  to  the  now  thor 
oughly  aroused,  excited,  and  eager  pursuers. 
These  men,  though  so  much  excited  and  influ 
enced  by  so  much  determination,  still  retained 
their  well-known  caution,  were  looking  out  for 
this  danger,  and  discovered  it,  and  though  it  was 
seemingly  an  insuperable  obstacle  to  their  making 
any  headway  in  pursuit,  was  quickly  overcome 
by  the  genius  of  Fuller  and  Murphy.  Coming  to 
where  the  rails  were  torn  up,  they  stopped,  tore 
up  the  rails  behind  them  and  laid  them  down 
before  till  they  had  passed  over  that  obstacle. 
When  the  cross-ties  were  reached  they  hauled  to 
and  threw  them  off,  and  then  proceeded,  and  un 
der  these  difficulties  gained  on  the  frightened 
fugitives.  At  Dalton  they  halted  a  moment. 
Fuller  put  off  the  telegraph  operator,  with  in 
structions  to  telegraph  to  Chattanooga  to  have 
them  stopped  in  case  he  should  fail  to  overhaul 
them.  Fuller  pressed  on  in  hot  chase,  sometimes 
in  sight,  as  much  to  prevent  their  cutting  the 
wires  before  the  message  could  be  sent,  as  to 
catch  them.  The  daring  adventurers  stopped 
just  opposite,  and  very  near  to,  where  Colonel 
Glenn's  regiment  is  encamped,  and  cut  the  wires ; 
but  the  operator  at  Dalton  had  put  the  message 
through  about  two  minutes  before.  They  also 
again  tore  up  the  track,  cut  down  a  telegraph- 


they  discovered  this  side  of  Adairsville  three  rails 
torn  up,  and  other  impediments  in  the  way.  They 
"took  up"  in  time  to  prevent  an  accident,  but 
could  proceed  with  the  train  no  further.  This 
was  most  vexatious,  and  it  may  have  been  in 
some  degree  disheartening,  but  it  did  not  cause 


cross-ties,  and  the  middle  over  the  rail  on  the 
track.  The  pursuers  stopped  again,  and  got  over 
this  impediment  in  the  same  manner  they  did 
before — taking  up  rails  behind  and  laying  them 
down  before.  Once  over  this,  they  shot  on  and 
passed  through  the  great  tunnel  at  Tunnel  Hill, 


the  slightest  relaxation  of  efforts,  and,  as  the  re- '  being  only  five  minutes  behind.     The  fugitives, 


288 


REBELLION  RECORD,  1862. 


finding  themselves  closety  pursued,  uncoupled  two 
of  the  box-cars  from  the  engine,  to  impede  the 
progress  of  the  pursuers.  Fuller  hastily  coupled 
them  to  the  front  of  his  engine,  and  pushed  them 
ahead  of  him  to  the  first  turn-out  or  siding,  where 
they  were  left,  thus  preventing  the  collision  the 
adventurers  intended.  Thus  the  engine-thieves 
passed  Ringgold,  where  they  began  to  fag.  They 
were  out  of  wood,  water,  and  oil.  Their  rapid  run 
ning  and  inattention  to  the  engine  had  melted  all 
the  brass  from  the  journals.  They  had  no  time  to 
repair  and  refit,  for  an  iron  horse  of  more  bottom 
was  close  behind.  Fuller  and  Murphy  and  their 
men  soon  came  within  four  hundred  yards  of 
them,  when  the  fugitives  jumped  from  the  engine 
and  left  it — three  on  the  north  side,  and  five  on 
the  south — all  fleeing  precipitately,  and  scatter 
ing  through  the  thicket.  Fuller  and  his  party 
also  took  to  the  woods  after  them.  Some  gen 
tlemen,  also  well  armed,  took  the  engine  and 
some  cars  of  the  down  passenger-train  at  Cal- 
houn,  and  followed  up  Fuller  and  Murphy  and 
their  party  in  the  chase  Ixit  a  short  distance  be 
hind,  and  reached  the  place  of  the  stampede  but 
a  very  few  minutes  after  the  first  pursuers  did. 

A  large  number  of  men  were  soon  mounted, 
armed,  and  scouring  the  entire  country  in  search 
of  them.     Fortunately  there  was  a  militia  muster  j 
at  Ringgold.     A  great  many  countrymen  were  in 
town.     Hearing  of  the  chase,  they  put  out  on 
foot  and  on  horseback  in  every  direction  in  search  j 
of  the  daring  but  now  thoroughly  frightened  and 
fugitive  men. 

We  learn  that  Fuller,  soon  after  leaving  his 
engine,  in  passing  a  cabin  in  the  country,  found  ] 
a  mule,  having  on  a  bridle  but  no  saddle,  and  j 
tied  to  a  fence.     "Here's  your  mule,"  he  shout 
ed,  as  he  leaped  upon  his  back,  and  put  out  as 
fast  as  a  good  switch,  well  applied,  could  impart ! 
vigor  to  the  muscles  and  accelerate  the  speed  of! 
the  patient  donkey.     The  cry  of  "  Here's  your  j 
mule,"  and  "  Where's  my  mule  ?"  have  become 
national,  and  are  generally  heard  when,  on  the  | 
one  hand  no  mule  is  about,  and,  on  the  other,  ! 
when  no  one  is  hunting  a  mule.     It  seems  not  I 
to  be  understood  by  any  one,  though  it  is  a  pe 
culiar  confederate  phrase,  and  is  as  popular  as 
Dixie  from  the  Potomac  to  the  Rio  Grande.     It  j 
remained  for  Fuller,  in  the  midst  of  this  exciting  j 
chase,  to  solve  the  mysterious  meaning  of  this 
national  by-word  or  phrase,  and  give  it  a  practi 
cal  application. 

All  of  the  eight  men  were  captured,  and  are 
now  safely  lodged  in  jail.  The  particulars  of 
their  capture  we  have  not  received.  This  we 
hope  to  obtain  in  time  for  a  postscript  to  this,  or 
for  our  second  edition.  They  confessed  that  they 
belonged  to  Lincoln's  army,  and  had  been  sent 
down  from  Shelbyville  to  burn  the  bridges  be 
tween  here  and  Chattanooga,  and  that  the  whole 
party  consisted  of  nineteen  men,  eleven  of  whom 
were  dropped  at  several  points  on  the  road,  as 
they  came  down,  to  assist  in  the  burning  of  the 
bridges  as  they  went  back. 

When  the  morning  freight-train  which  left  this 
city  reached  Big  Shanty,  Lieut. -Col.  R.  F.  Mad- 


dox  and  C.  P.  Phillips  took  the  engine  and  a  few- 
cars,  with  fifty  picked  men,  well  armed,  and  fol 
lowed  on  as  rapidly  as  possible.  They  passed 
over  all  difficulties,  and  got  as  far  as  Calhoun, 
where  they  learned  the  fugitives  had  taken  the 
woods  and  were  pursued  by  plenty  of  men  with 
the  means  to  catch  them,  if  it  were  possible. 

One  gentleman  who  went  upon  the  train  from 
Calhoun,  who  has  furnished  us  with  many  of 
j  these  particulars,   and  who,  by  the  way,  is  one 
!  of  the  most  experienced  railroad  men  in  Georgia, 
1  says  too  much  praise  cannot  be  bestowed  on  Ful 
ler  and  Murphy,  who  showed  a  cool  judgment 
and  forethought  in  this  extraordinary  affair,  un 
surpassed  by  any  thing  he  ever  knew  in  a  rail 
road  emergency.     This  gentleman,  we  learn  from 
another,  offered  on  his  own  account  one  hundred 
dollars  reward  on  each  man  for  the  apprehension 
of  the  villains. 

"We  do  not  know  what  Governor  Brown  will 
do  in  this  case,  or  what  is  his  custom  in  such 
matters,  but  if  such  a  thing  is  admissible,  we  in 
sist  on  Fuller  and  Murphy  being  promoted  to  the 
highest  honors  on  the  road,  if  not  by  actually 
giving  them  the  highest  position,  at  lenst  let  them 
be  promoted  by  brevet.  Certainly  their  indomit 
able  energy  and  quick,  correct  judgment  and  de 
cision  in  the  many  difficult  contingencies  con 
nected  with  this  unheard-of  emergency  has  saved 
all  the  railroad  bridges  above  Ringgold  from  being 
burned.  The  most  daring  scheme  that  this  rev 
olution  has  developed  has  been  thwarted,  and  the 
tremendous  results  which,  if  successful,  can  scarce 
ly  be  imagined,  much  less  described,  have  been 
averted.  Had  they  succeeded  in  burning  the 
bridges,  the  enemy  at  Huntsville  would  have  oc 
cupied  Chattanooga  before  Sunday  night.  Yes 
terday  they  would  have  been  in  Knoxville,  and 
thus  had  possession  of  all  East-Tennessee.  Our 
forces  at  Knoxville,  Greenville,  and  Cumberland 
Gap  would  ere  this  have  been  in  the  hands  of  the 
enemy.  Lynchburgh,  Virginia,  would  have  been 
moved  upon  at  once.  This  would  have  given 
them  possession  of  the  valley  of  Virginia,  and 
Stonewall  Jackson  could  have  been  attacked  in 
the  rear.  They  would  have  possession  of  the 
railroad  leading  to  Charlottesville  and  Orange 
Court-House,  as  well  as  the  South-side  Railroad 
leading  to  Petersburgh  and  Richmond.  They 
might  have  been  able  to  unite  with  McClellan's 
forces,  and  attack  Jo.  Johnston's  army,  front  and 
flank.  It  is  not  by  any  means  improbable  that 
our  army  in  Virginia  would  have  been  defeated, 
captured,  or  driven  out  of  the  State  this  week. 

Then  reinforcements  from  all  the  eastern  and 
south-east  portions  of  the  country  would  have 
been  cut  off  from  Beauregard.  The  enemy  have 
Huntsville  now,  and,  with  all  these  designs  ac 
complished,  his  army  would  have  been  effectually 
flanked.  The  mind  and  heart  shrink  back  ap 
palled  at  the  bare  contemplation  of  the  awful  con 
sequences  which  would  have  followed  the  success 
of  this  one  act.  When  Fuller,  Murphy,  and  men 
started  from  Big  Shanty  on  foot  to  catch  that 
fugitive  engine,  they  were  involuntarily  laughed 
at  by  the  crowd,  serious  as  the  matter  was,  and 


DOCUMENTS. 


to  most  observers  it  was  indeed  most  ludicrous  ; 
but  that  footrace  saved  us,  and  prevented  the 
consummation  of  all  these  tremendous  conse 
quences. 

One  fact  we  must  not  omit  to  mention  is  the 
valuable  assistance  rendered  by  Peter  Bracken, 
the  engineer  on  the  down  freight-train  which 
Fuller  and  Murphy  turned  back.  He  ran  his 
engine  fifty  and  a  half  miles,  (two  of  them  back 
ing  the  whole  freight-train  up  to  Adairsville,) 
made  twelve  stops,  coupled  to  the  two  cars  which 
the  fugitives  had  dropped,  and  switched  them  off 
on  sidings ;  all  this  in  one  hour  and  five  minutes. 

We  doubt  if  the  victory  of  Manassas  or  Corinth 


have  been  a  feather  in  the  cap  of  the  man  or  men 
who  executed  it. 

Let  this  be  a  warning  to  the  railroad  men  and 
every  body  else  in  the  confederate  States.  Let  an 
engine  never  be  left  alone  a  moment.  Let  addi 
tional  guards  be  placed  at  our  bridges.  This  is 
a  matter  we  specially  urged  in  the  Confederacy 
long  ago  ;  we  hope  it  will  now  be  heeded.  Fur 
ther,  let  a  sufficient  guard  be  placed  to  watch  the 
government  stores  in  this  city  and  let  increased 
vigilance  and  watchfulness  be  put  forth  by  the 
watchmen.  We  know  one  solitary  man  who  is 
guarding  a  house,  of  nights,  in  this  city,  which 
contains  a  lot  of  bacon.  Two  or  three  men  could 


were  worth  as  much  to  us  as  the  frustration  of  i  throttle  and  gag  him  and  set  fire  to  the  house  at 
this  grand  coup  d'etat.  It  is  not  by  any  means  I  any  time  ;  and  worse,  he  conceives  that  there  is 
certain  that  the  annihilation  of  Beauregard's  whole  j  no  necessity  for  a  guard,  as  he  is  sometimes  seen 
army  at  Corinth  would  be  so  fatal  a  blow  to  us  as  |  off  duty  for  a  few  moments,  fully  long  enough 
would  have  been  the  burning  of  the  bridges  at  I  for  an  incendiary  to  burn  the  house  he  watches. 


that  time  by  these  men. 


Let  Mr.  Shackleford,  whom  we  know  to  be  watch- 


When  we  learned,  by  a  private  telegraph  de- ,  ful  and  attentive  to  his  duties,  take  the  responsi- 
spatch  a  few  days  ago,  that  the  Yankees  had  taken  j  bility  at  once  of  placing  a  well-armed  guard  of 
Huntsville,  we  attached  no  great  importance  to  it.  j  sufficient  force  around  every  house  containing 
We  regarded  it  merely  as  a  dashing  foray  of  a  |  government  stores.  Let  this  be  done  without 


small  party  to  destroy  property,  tear  up  the  road, 
etc.,  d  la  Morgan.     When  an  additional  telegram 


waiting  for  instructions   from  Richmond.      One 
other  thought :    The  press  is  requested,  by  the 


announced  the  Federal  force  there  to  be  from  sev-  government  to  keep  silent  about  the  movements 
enteen  to  twenty  thousand,  we  were  inclined  to  j  of  the  army,  and  a  great  many  things  of  the  great- 
doubt  it,  though  coming  from  a  perfectly  honora-  j  est  interest  to  our  people.  It  has,  in  the  main, 
ble  and  upright  gentleman,  who  would  not  be  j  patriotically  complied.  We  have  complied  in 
apt  to  seize  upon  a  wild  report  to  send  here  to  his  i  most  cases,  but  our  judgment  was  against  it  all 
friends.  The  coming  to  that  point  with  a  large  the  while.  The  plea  is,  that  the  enemy  will  get 


force,  where  they  would  be  flanked  on  either  side 
by  our  army,  we  regarded  as  a  most  stupid  and 
unmilitary  act.  We  now  understand  it  all.  They 
were  to  move  upon  Chattanooga  and  Knoxville  as 


the  news  if  it  is  published  in  our  papers.  Now, 
we  again  ask,  what's  the  use  ?  The  enemy  get 
what  information  they  want.  They  are  with  us 
and  pass  among  us  almost  daily  ;  they  find  out 


soon  as  the  bridges  were  burnt,  and  press  on  into  |  from  us  what  they  want  to  know  by  passing 
Virginia  as  far  as  possible,  and  take  all  our  forces  through  our  country  unimpeded.  It  is  nonsense, 
in  that  State  in  the  rear.  It  was  all  the  deepest  j  it  is  folly,  to  deprive  our  own  people  of  knowledge 


laid  scheme,  and  on  the  grandest  scale  that  ever 
emanated  from  the  brains  of  any  number  of  Yan 
kees  combined.  It  was  one  that  was  also  entire 
ly  practicable  on  almost  any  day  for  the  last  year. 
There  were  but  two  miscalculations  in  the  whole 
programme  :  They  did  not  expect  men  to  start 


they  are  entitled  to  and  ought  to  know,  for  fear 
the  enemy  will  find  it  out.  We  ought  to  have 
a  regular  system  of  passports  over  all  our  roads, 
and  refuse  to  let  any  man  pass  who  could  not 
give  a  good  account  of  himself,  come  well  vouch 
ed  for,  and  make  it  fully  appear  that  he  is  not  an 


out  afoot  to  pursue  them,  and  they  did  not  expect  i  enemy,  and  that  he  is  on  legitimate  business. 


these  pursuers  on  foot  to  find  Major  Cooper's  old 
"  Yonah "  standing  there  all  ready  fired  up. 
Their  calculations  on  every  other  point  were  dead 
certainties,  and  would  have  succeeded  perfectly. 

This  would  have  eclipsed  any  thing  Captain 
Morgan  ever  attempted.  To  think  of  a  parcel  of 
Federal  soldiers,  officers  and  privates,  coming 
down  into  the  heart  of  the  confederate  States,  for 
they  were  here  in  Atlanta  and  at  Marietta,  (some 
of  them  got  on  the  train  at  Marietta  that  morning 
and  others  were  at  Big  Shanty  ;)  of  playing  such 
a  serious  game  on  the  State  road,  which  is  under 
the  control  of  our  prompt,  energetic,  and  saga 
cious  Governor,  known  as  such  all  over  America ; 
to  seize  the  passenger- train  on  his  road,  right  at 
Camp  McDonald,  where  he  has  a  number  of 
Georgia  regiments  encamped,  and  run  off  with  it ; 
to  burn  the  bridges  on  the  same  road,  and  go 
safely  through  to  the  Federal  lines  j  all  this  would 


This  would  keep  information  from  the  enemy  far 
more  effectually  than  any  reticence  of  the  press, 
which  ought  to  lay  before  our  people  the  full  facts 
in  every  thing  of  a  public  nature. 

JACOB  PARROT  was  duly  sworn  and  examined, 
as  follows : 

By  the  Judge  Advocate  : 

Question.  What  is  your  position  in  the  milita- 
ry  service  ? 

Answer.  I  am  a  private  in  company  K,  Thirty* 
third  Ohio  regiment. 

Question.  What  is  your  age  ? 

Answer.  I  will  be  twenty  years  old  next  July. 

Question.  In  what  part  of  Ohio  did  you  reside  ? 

Answer.  I  lived  in  Hardin  county. 

Question.  You  have  heard  the  testimony  of 
Mr.  Pittenger.  Will  you  state  whether,  as  far 
as  the  matters  to  which  he  has  deposed  hava 


290 


REBELLION  RECORD,  1862. 


•ome  to  your  knowledge,  they  are  true,  according 
to  your  best  information  and  belief? 

Answer.  Yes,  sir  ;  they  are. 

Question.  You  were  a  member  of  the  expedi 
tion  of  which  he  has  testified  ? 

Answer.  Yes,  sir. 

Question.  Will  you  state  the  circumstances  of 
your  capture  and  the  treatment  you  received  ? 

Answer.  There  was  a  man  named  Robinson, 
of  our  party,  who  was  captured  with  me.  We 
took  to  the  woods  after  we  left  the  train,  and 
after  a  time  we  came  down  out  of  the  woods. 
When  we  came  out  on  the  railroad  there  were 
four  citizens  there,  who  saw  us  and  took  us.  We 
were  taken  to  Ringgold,  where  a  company  of  con 
federate  soldiers  were  stationed.  When  we  got 
into  the  hands  of  an  officer,  one  of  them  took  me 
out  and  questioned  me,  but  I  would  not  tell  them 
any  thing.  An  officer  and  four  soldiers  took  me 
out  and  stripped  me,  and  bent  me  over  a  stone 
and  whipped  me.  They  stood  by  me  with  two 
pistols,  and  said  if  I  resisted  they  would  blow  me 
through.  I  was  whipped  by  an  officer,  a  lieuten 
ant,  who  was  with  the  party,  and  who  had  on  the 
uniform.  He  gave  me  over  one  hundred  lashes 
with  a  rawhide.  He  stopped  three  different  times 
during  the  whipping,  let  me  up,  and  asked  me  if 
I  would  tell,  and  when  I  refused  to  do  so  he  would 
put  me  down  and  whip  me  again.  He  wanted 
me  to  tell  who  the  engineer  of  the  party  was,  and 
all  about  the  expedition,  but  I  would  not  do  it. 
I  did  not  tell  him  any  thing  about  it.  The  engi 
neer  was  one  of  our  soldiers,  who  was  finally  cap 
tured  with  the  rest. 

Question.  Were  other  persons  present  when 
you  were  flogged  ? 

Answer.  Yes,  sir ;  there  was  a  crowd  there. 
It  was  right  by  the  side  of  the  railroad,  and  the 
people  there  wanted  to  hang  me.  They  got  a 
rope  and  would  have  hung  me,  but  for  a  colonel 
who  came  up. 

Question.  Did  you  have  any  trial  of  any  sort  ? 

Answer.  No,  sir. 

Question.  Your  companion  was  with  you  at  the 
time? 

Answer.  Yes,  sir. 

Question.  Why  was  he  not  whipped  ? 

Answer.  I  do  not  know.  He  told  the  regiment 
that  he  and  I  belonged  to.  I  suppose,  as  I  was 
the  youngest,  they  thought  that  they  could  make 
me  tell  the  most ;  but  I  would  not  tell  them  any 
thing,  not  even  the  regiment  I  belonged  to. 

Question.  Will  you  state  the  circumstances  un 
der  which  you  joined  the  expedition  ? 

Answer.  My  captain  called  me  out  of  the  tent 
and  asked  me  to  take  a  walk  with  him.  We 
walked  down  towards  the  guard-quarters,  and  he 
asked  me  if  I  would  go  on  a  secret  expedition, 
and  told  me  that,  if  I  agreed  to  go,  I  should  go 
up  to  his  tent  in  about  half  an  hour  and  report  to 
him.  I  went  up  and  told  him  I  would  go. 

Question.  Did  he  know  the  precise  object  of 
.he  expedition  ? 

Answer.  No,  sir ;  he  only  knew  that  it  was  a 
secret  one,  and  so  told  me. 


Question.  Will  you  state  how  long  you  felt  the 
effects  of  the  flogging  you  received  ? 

Answer.  I  was  very  sore  for  about  two  weeks 
afterwards ;  my  back  was  very  weak,  and  I  have 
not  got  over  it  yet. 

Question.  Was  any  disposition  ever  manifest 
ed,  upon  the  part  of  the  confederate  authorities, 
to  relieve  you  from  the  effects  and  sufferings  pro 
duced  by  this  flogging  ? 

Answer.  No,  sir;  except  a  short  time  before  I 
came  away  from  Richmond,  when  I  got  a  doctor 
to  look  at  my  back,  and  he  put  some  mustard  - 
plasters  on  it,  which,  I  think,  helped  it  some. 

Question.  Were  you  with  Mr.  Pittenger,  and 
the  others  of  your  party  present  here,  during  the 
confinement  of  which  he  has  spoken  ? 

Answer.  Yes,  sir. 

Question.  At  what  age  did  you  enlist? 

Answer.  I  enlisted  a  year  ago  last  fall,  when  I 
was  a  little  over  eighteen  years  old. 

Question.  Have  you  a  father  and  mother  liv 
ing  ? 

Answer.  No,  sir. 

Question.  Will  you  describe  particularly  the 
manner  in  which  you  and  your  fellow  prisoners 
were  chained  in  the  jail  at  Chattanooga  ? 

Answer.  We  were  all  handcuffed  together.  I 
and  some  others  had  trace-chains  around  our 
necks,  secured  by  padlocks ;  we  were  secured  in 
that  way,  two  by  two. 

Question.  Will  you  state  the  character  of  the 
food  furnished  you  in  your  prisons  ? 

Answer.  At  Chattanooga  we  got  some  wheat 
flour  mixed  up  with  a  little  water  and  baked,  and 
some  spoiled  pickled  beef.  That  was  all  we  got, 
and  we  had  a  very  small  supply  at  that.  We  had 
it  only  twice  a  day. 

Question.  What  was  your  condition  in  other 
respects,  so  far  as  ventilation  and  light  were  con 
cerned,  while  you  were  in  the  prison  at  Chatta 
nooga  ? 

Answer.  We  had  scarcely  any  light  at  all. 
Frequently  we  could  not  see  to  pick  up  a  pin  from 
off  the  floor.  The  windows  were  very  small,  and 
the  room  was  so  close,  and  we  were  so  warm, 
that  we  had  to  take  our  clothes  off  entirely.  We 
were  covered  with  vermin.  The  room  was  so 
small  that  we  could  not  all  lie  down,  and  we  had 
to  rest  ourselves  by  leaning  against  the  walls. 
We  were  not  allowed  to  leave  the  room  under  any 
circumstances  while  we  were  confined  in  it. 

Question.  Were  you  searched  when  you  were 
taken? 

Answer.  When  I  and  my  companion  were 
taken  we  were  searched,  and  our  money  all  taken 
from  us  before  we  were  taken  to  Chattanooga. 
It  was  taken  from  us  by  some  of  the  officers, 
and  never  returned  to  us. 

his 

JACOB   x   PARKOT, 
mark. 

Company  K,  Thirty-tlJrd  Ohio  Volunteer* 

ROBERT  BUFFUM  was  duly  sworn  and  examin 
ed,  as  follows : 

By  the  Judge  Advocate : 


DOCUMENTS. 


291 


Question.  What  is  your  position  in  the  service  ? 

Answer.  I  am  a  private  in  company  H,  Twen 
ty-first  Ohio  regiment. 

Question.  Were  you  a  member  of  the  expedi 
tion  sent  out  by  General  Mitchei,  of  which  Mr. 
Pittenger  and  Mr.  Parrot  have  testified  ? 

Answer.  Yes,  sir. 

Question.  Have  you  heard  the  testimony  of 
those  two  witnesses  ? 

Answer.  Yes,  sir. 

Question.  Have  you  or  not,  a  personal  know 
ledge  of  the  matters  spoken  of  by  them  ? 

Answer.  Yes,  sir,  I  have. 

Question.  Will  you  state  whether,  according 
to  the  best  of  your  knowledge  and  belief,  the 
statements  which  they  have  made  are  true  ? 

Answer.  Yes,  sir,  they  are. 

Question.  Is  there  any  thing  in  addition,  which 
you  recollect,  that  you  can  state? 

Answer.  I  would  say  that  when  the  boys  were 
taken  out  for  execution,  Mr.  Robinson,  the  one 
who  was  taken  with  Mr.  Parrot,  and  was  with 
him  when  he  was  whipped,  was  taken  from  a 
sick-bed  to  be  executed.  He  was  unable  to 
walk. 

Question.  Was  he  tied  like  the  rest? 

Answer.  Yes,  sir ;  his  arms  were  tied  behind 
him,  and  he  was  carried  out  in  that  condition. 
Mr.  Ross,  one  of  those  who  was  executed,  was  a 
Free-Mason ;  he  made  himself  known  to  three  or 
four  officers  who  were  Masons,  and  they  obtain 
ed  for  him  the  privilege  of  writing  home  to  his 
friends.  He  was  the  only  one  in  that  party  who 
had  that  privilege. 

Question.  Have  you  any  knowledge  of  money 
being  taken  from  members  of  your  party  ? 

Answer.  We  were  captured  in  different  par 
ties.  Money  was  taken  from  us  by  the  officers 
— from  some  at  the  time  we  were  taken,  and 
from  others  when  they  were  confined  in  prison. 
I  was  with  Mr.  Wilson,  one  of  those  who  were 
executed,  and  Mr.  Dorsey,  one  of  those  who 
escaped,  and  Mr.  Bensinger,  who  is  here.  They 
took  all  our  money  away  from  us.  Mr.  Wilson  and 
I  had  ninety-six  dollars  between  us ;  I  had  fifty-two 
dollars  myself.  They  took  away  all  our  money, 
and  our  revolvers,  pocket-knives,  and  every  thing 
that  could  be  of  any  use.  The  money  was  never 
returned  to  us.  It  was  a  major  who  took  the 
money.  We  four  were  taken  to  Ringgold,  and 
when  we  were  taken  into  the  jail  we  were  strip 
ped,  our  clothes  turned  inside  out  and  every  thing 
examined.  Mr.  Bensinger,  who  was  with  me 
when  we  were  captured,  was  taken  before  a 
colonel,  who  took  him  into  a  room  and  question 
ed  him.  That  night  they  took  us  to  Marietta, 
where  we  were  confined  in  a  dungeon  under 
ground,  similar  to  the  one  at  Chattanooga.  The 
rats  were  running  over  us  in  every  direction  ; 
there  were  balls  of  wool  all  over  the  floor  that 
the  rats  had  rolled  up.  We  could  hardly  get 
our  breath.  There  were  one  hundred  and  fifty 
guards  around  the  jail  to  keep  the  mob  from  tak 
ing  us  out,  as  they  would  have  done  but  for  the 
guard.  The  next  day  we  were  taken  to  Chatta 
nooga,  where  we  met  the  rest  of  the  party. 


Question.  Will  you  state  the  circumstances 
under  which  you  joined  the  expedition  ? 

Answer.  My  captain  came  to  me  and  called 
me  from  the  tent,  and  asked  me  if  I  was  willing 
to  go  on  a  secret  expedition,  and  said  that  if  I 
was,  I  should  report  to  him  in  twenty  minutes, 
or  as  soon  as  I  could.  I  asked  him  the  nature  ol 
the  business,  and  he  said  he  could  not  tell  me 
any  thing  ;  but  if  I  did  not  wish  to  go  there  would 
be  nothing  more  said  about  it.  I  told  him  I 
would  go.  He  then  told  me  to  report  to  the 
colonel ;  which  I  did,  and  he  gave  me  a  pass  to 
Shelbyville,  where  I  was  to  meet  Mr.  Andrews 
at  a  tavern.  Shortly  after  I  arrived  there  Mr. 
Andrews  appeared.  There  was  a  man  with  me 
by  the  name  of  Wilson,  and  another  by  the  name 
of  Wood,  belonging  to  the  Twenty-first.  Mr. 
Andrews  gave  me  forty  dollars  to  purchase  citi 
zen's  clothes  with.  It  being  all  in  gold,  I  got  our 
three  suits  for  the  forty  dollars.  That  night,  the 
seventh  of  April,  we  commenced  our  march. 
About  a  mile  from  town  Mr.  Andrews  gathered 
us  together,  as  we  came  along  in  twos  and  threes, 
and  told  us  that  our  object  was  to  destroy  the 
bridges,  cut  off  communications,  etc.,  and  he 
would  meet  us  at  Chattanooga.  He  gave  me  five 
men  to  take  through.  We  met  at  Chattanooga, 
where  we  procured  tickets  for  Marietta.  When 
we  got  to  Marietta  we  stopped  over  night,  and  at 
four  o'clock  in  the  morning  took  the  down-train, 
arrived  at  Big  Shanty,  from  seven  to  nine  miles 
from  Marietta,  where  we  seized  the  engine  with 
three  box-cars,  which  we  detached  from  the  rest 
of  the  train,  and  started  off.  There  were  four  or 
five  regiments  encamped  within  forty  or  fifty 
rods  of  the  train  as  we  started.  We  proceeded 
about  a  hundred  miles  before  we  left  the  train 
and  took  to  the  woods.  We  had  no  time  to  de 
stroy  the  bridges,  because  we  were  followed  so 
closely  by  the  other  trains  that  happened  to  be 
there  that  day ;  and  we  were  delayed  also  by 
having  to  stop  to  allow  other  trains  to  pass  us. 
That  delayed  us  about  an  hour.  We  were  at  a 
station  oiling  our  engine  when  the  pursuing  en 
gine  came  in  sight,  and  we  started  off  again.  We 
ran  at  the  rate  of  about  sixty  miles  an  hour,  and 
when  we  thought  we  had  got  far  enough  ahead 
of  them,  we  would  stop,  get  off  and  cut  the  wires 
so  that  they  could  not  send  information  ahead 
of  us,  and  take  up  the  track  so  as  to  delay  them, 
and  then  start  again.  Finally  our  wood  and 
water  gave  out,  and  Mr.  Andrews  told  us  to  shift 
for  ourselves.  Mr.  Andrews  retained  his  pres 
ence  of  mind  until  the  last  moment. 

Question.  Who  acted  as  the  engineer  ? 

Answer.  A  man  by  the  name  of  Brown,  of  the 
Twenty-first  Ohio  regiment.  He  was  one  of 
those  who  escaped  after  breaking  out  of  the  jail 
at  Atlanta. 

ROBERT  BUFFUM, 

Company  H,  Twenty-first  Ohio  Volunteers. 

Corporal  WILLIAM  REDDICK  was  duly  sworn 
and  examined,  as  follows: 

By  the  Judge  Advocate  : 

Question.  Will  you  state  your  position  in  the 
military  service  ? 


292 


REBELLION  RECORD,  1862. 


Answer.  I  am  a  corporal  in  company  B,  Thirty- 
third  Ohio  regiment. 

Question.  When  and  for  how  long  did  you  en 
list  ? 

Answer.  I  enlisted  on  the  eighteenth  of  Au 
gust,  18(51,  for  three  years. 

Question.  Were  you  a  member  of  the  secret 
expedition  sent  out  by  General  Mitchel,  of  which 
the  other  witnesses  here  have  testified  r 

Answer.  Yes,  sir. 

Question.   Will  you  state  the   circumstances 
under  which  you  were  engaged  in  that  expedi- ' 
tion? 

Answer.  I  was  sitting  by  the  camp-fire  when 
the  captain  and  second  lieutenant  called  me  up 
to  them.  The  captain  told  me  that  there  was  a 
secret  expedition  on  hand,  and  he  wished  I  would 
go  with  it,  stating  that  he  preferred  me  before 
any  other  of  his  company,  and  that  he  had  to 
furnish  a  man  from  his  company.  He  said  we 
were  to  enter  into  the  enemy's  lines,  capture  a 
train,  and  destroy  the  bridges  on  the  road ;  that 
it  would  be  very  easily  accomplished ;  that  we 
had  a  good  leader,  a  man  who  understood  the 
business,  and  who  had  been  employed  in  the  ser 
vice  of  the  United  States.  He  told  me  that  he 
would  give  me  three  quarters  of  an  hour  to  study 
upon  it,  whether  I  would  go  or  not.  I  went  to 
my  tent,  and,  after  a  time,  I  went  up  and  re 
ported  that  I  would  go.  He  took  me  to  the 
colonel,  and  the  colonel  told  me  to  get  all  the 
citizen's  clothing  that  I  could  procure  in  camp. 
I  only  made  out  to  get  two  checked  shirts  of  one 
of  our  boys  who  had  just  returned  to  camp,  and 
a  pair  of  jeans  pants  from  the  cook  in  the  hos 
pital.  We  were  then  taken  to  Shelbyville,  where  j 
we  procured  clothes,  and  then  we  returned  back 
to  the  camp  for  supper.  After  supper  we  were  | 
taken  back  to  Shelbyville.  We  went  out  upon  the 
railroad  a  mile  and  a  half  or  two  miles,  and  there 
we  stopped  and  money  was  given  to  us.  We 
were  unacquainted,  at  that  time,  with  each  other. 
We  divided  into  squads.  John  Wollan  and  my 
self  went  up  the  railroad  about  five  miles  that 
night.  We  stopped  at  a  house  where  there  was 
a  light,  and  represented  ourselves  as  strangers 
who  desired  to  stop  for  the  night.  There  was  a 
lady  there,  a  Southern  woman,  who  told  us  we 
could  not  stay  in  the  house,  as  her  children  were 
sick.  She  told  us  to  go  to  the  negro  quarters,  if  j 
we  wished  to  get  out  of  the  rain,  for  it  was  raining 
very  hard  at  the  time.  We  told  the  negroes  there 
that  we  were  trying  to  make  our  way  to  our  com 
mand,  which  we  represented  to  be  at  Round  j 
Gap.  This  the  negroes  told  to  the  lady  of  the 
house,  who  came  down  to  see  us  and  desired 
us  to  go  over  to  her  uncle's,  where  we  could  get 
better  accommodations.  We  did  not  do  so,  but 
went  to  bed  and  slept  until  about  four  o'clock, 
when  our  breakfast  was  sent  to  us  from  the  house, 
and  we  then  started  off  on  the  right-hand  road 
and  went  some  seven  miles,  where  we  got  con 
veyance  to  Manchester,  and  from  Manchester  we 
footed  it,  procuring  conveyance  along  the  road  as 
we  could  get  it.  We  left  camp  on  the  seventh 
of  April  and  got  to  Chattanooga  on  the  tenth. 


On  the  eleventh  we  took  passage  in  the  cars  to 
Marietta,  and  arrived  there  about  midnight,. 

Question.  You  have  heard  the  narrative  of  the 
subsequent  events,  as  given  by  the  witnesses 
here ;  does  it  accord  with  your  recollection  of 
the  facts  ? 

Answer.  Yes,  sir. 

Question.  Is  there  any  thing  in  addition  that 
occurs  to  you  that  you  desire  to  state  ? 

Answer.  I  think  of  nothing  else,  except  that 
when  I  was  arrested  and  brought  to  Chattanooga 
Mr.  Andrews  was  taken  before  General  Lead- 
better,  of  whom  he  asked  the  privilege  of  send 
ing  a  flag  of  truce  to  our  lines,  which  was  denied. 
We  were  ironed  and  confined,  and  received  the 
same  treatment  as  our  comrades. 

Question.  You  were  with  the  witnesses  who 
have  deposed  here  and  the  other  members  of  the 
expedition  throughout  all  the  time  of  your  con 
finement  in  the  prisons  of  the  South  ? 

Answer.  Yes,  sir  ;  except  that  we  were  separ 
ated  a  little  time  ;  a  portion  were  sent  to  Knox- 
ville.     After  we  were  brought  together  again  we 
remained  together  until  we  were  exchanged. 
WILLIAM  REDDICK, 

Company  B,  Thirty-third  Regiment  Ohio  Volunteers. 

WILLIAM  BENSINGER  was  duly  sworn  and  ex 
amined,  as  follows  : 

By  the  Judge  Advocate  : 

Question.  Will  you  state  your  position  in  the 
service  ? 

Answer.  I  am  a  private  in  company  G,  Twen 
ty-fifth  Ohio  infantry. 

Question.  In  what  part  of  the  State  did  you 
enlist,  and  when,  and  for  how  long  a  time  ? 

Answer.  I  enlisted  in  Hancock  County,  Ohio, 
on  the  twenty-first  of  August,  1861,  for  three 
years. 

Question.  Were  you  a  member  of  this  secret 
expedition  sent  out  by  General  Mitchel  ? 

Answer.  Yes,  sir. 

Question.  Under  what  circumstances  did  you 
become  a  member  of  it  ? 

Answer.  The  day  before  we  started  my  cap 
tain  called  me  one  side  and  told  me  that  he 
wanted  me  to  report  to  the  colonel  the  next 
morning.  I  asked  him  if  he  knew  what  the 
colonel  wanted  with  me.  He  said  he  supposed 
it  was  for  a  secret  expedition,  but  he  could  not 
tell  me  what.  I  told  him  I  would  go,  and  re 
ported  to  the  colonel  as  ordered.  The  colonel 
gave  me  a  pass  and  directed  me  to  report  to  Mr. 
Andrews  at  Shelbyville,  at  a  hotel  there.  The 
colonel  told  me  I  was  to  obey  the  orders  of 
Mr.  Andrews,  and  also  told  me  to  procure  citi 
zen's  clothes  ;  which  I  did.  I  went  to  Shelby 
ville  and  reported  there,  and  on  the  evening  of 
the  seventh  of  April  we  left.  Four  of  us  arrived 
at  Marietta  about  four  o'clock  in  the  afternoon  on 
the  eleventh  of  April.  As  I  learned  afterwards, 
the  rest  got  there  some  time  in  the  night.  The 
next  morning  we  took  the  train  back,  paying  our 
fare  to  Big  Shanty ;  and  while  they  were  at 
breakfast  there,  we  seized  the  train. 

Question.  You  have  heard  the  statements  oi 
the  witnesses  who  have  testified  here  in  regard 


DOCUMENTS. 


29? 


to  the  subsequent  events  of  the  expedition,  and 
the  facts  connected  with  their  confinement  in  the 
prisons  of  the  South  until  you  were  exchanged 
at  Richmond  ? 

Answer.  Yes,  sir. 

Question.  Do  you  consider  these  statements 
correct,  and  in  accordance  with  your  recollection 
of  the  facts  ? 

Answer.  I  do ;  for  I  have  had  personal  know 
ledge  of  them,  and  have  been  with  these  wit 
nesses  throughout  the  period  of  their  confine 
ment. 

Question.  Where  was  General  Mitchel's  head 
quarters  at  the  time  this  expedition  set  out  ? 

Answer.  It  was  close  by  the  town  of  Shelby- 
ville,  Tennessee,  and  just  across  the  river — prob 
ably  forty  rods  from  the  town. 

Question.  Are  you  acquainted  with  Sergeant 
E.  A.  Mason,  of  company  K,  Twenty-first  Ohio 
regiment  ? 

Answer.  Yes,  sir. 

Question.  Was  he  with  you  as  a  member  of 
the  expedition,  and  with  you  during  your  con 
finement  in  the  South  ? 

Answer.  He  was. 

Question.  Where  is  he,  and  why  is  he  not 
here  with  you  to-day? 

Answer.  He  is  in  the  city,  but  confined  to  his 
room  on  account  of  sickness. 

WILLIAM  BENSINGER, 

Company  G,  Twenty-first  Ohio  Volunteers. 

DISTRICT  OF  COLUMBIA,  Washington  County  : 

I  certify  that  the  foregoing  depositions  of  Wil 
liam  Pittenger,  Jacob  Parrot,  Robert  Buffum, 
William  Reddick,  and  William  Bensinger,  were 
sworn  to  and  subscribed  before  me  this  twenty- 
fifth  day  of  March,  in  the  year  1863. 

N.  CALLAN, 

Justice  of  the  Peace  in  and  for  the  County  of  Washington,  D.  C. 

KEY  WEST  "NEW-ERA"  NARRATIVE. 

KEY  WEST,  FLA.,  November  15,  1862. 

By  the  arrival  at  this  port  of  the  United  States 
steamer  Stars  and  Stripes,  from  Apalachicola 
Bay,  we  have  been  put  in  possession  of  the  fol 
lowing  interesting  story  of  two  Federal  prisoners, 
who,  after  enduring  an  immense  amount  of  suf 
fering,  indignity,  and  passing  through  many  hair 
breadth  escapes,  bro^e  from  their  prison  and  made 
their  way  to  the  blockading  fleet.  We  give  their 
statement  verbatim : 

We,  Mark  Wood  and  Alfred  Wilson,  are  mem 
bers  of  company  C,  Twenty-first  Ohio  regiment, 
commanded  by  Col.  Norton,  organized  in  Finley, 
Ohio.  In  April  last,  our  regiment  formed  part  of 
Major-Gen.  0.  M.  Mitchel's  division,  Brig. -Gen. 
Sill's  brigade.  We  were  stationed  at  this  time  in 
Shelbyville,  Tenn.  It  was  proposed  to  organize 
a  party  from  our  brigade  to  go  on  a  secret  and 
dangerous  expedition,  under  the  orders  of  a  man 
supposed  to  be  a  spy  of  the  commander  of  the  di 
vision.  Accordingly,  the  following  men  were 
placed  under  his  command : 

J.  J.  Andrews,  of  Flemingsburgh,  Ky.,  chief 
of  party. 


Mark  Wood,  private,  Twenty-first  Ohio,  i&si- 
dent  of  Portage,  Wood  County,  Ohio. 

Alfred  Wilson,  private,  Twenty-first  Ohio,  resi 
dent  of  Bowling  Green,  Wood  County,  Ohio. 

John  Reed  Porter,  Twenty-first  Ohio,  Finley. 

John  Scott,  Twenty-first  Ohio,  Finley. 

William  Bensinger,Twenty-first  Ohio,Finley. 

Wilson  H.  Brown,  Twenty-first  Ohio,  Finley. 

William  Knight,  Twenty-first  Ohio,  Farmer 
Centre,  Ohio. 

Sergeant  Mason,  Twenty-first  Ohio,  New-Ro 
chester,  Wood  County,  Ohio. 

Robert  Buffum,  Twenty-first  Ohio,  Tontogany, 
Wood  County,  Ohio. 

Jacob  Parrot,  Thirty-third  Ohio,  Hardin  Coun 
ty,  Ohio. 

Martin  J.  Hawkins,  Thirty-third  Ohio,  Ports 
mouth,  Ohio. 

William  Reddick,  Thirty-third  Ohio,  Hanging 
Rock. 

Slavens,  Thirty-third  Ohio. 

John  Wollan,  Thirty-third  Ohio,  Portsmouth, 
Ohio. 

D.  A.  Dorsey,  Thirty -third  Ohio,  residence  un 
known. 

G.  D.  Wilson,  Second  Ohio,  Cincinnati. 

Marion  Ross,  Second  Ohio,  Ross  County,  Ohio. 

William  Pittenger,  Second  Ohio,  Marietta,  Ohio. 

P.  G.  Shadrack,  Second  Ohio,  formerly  from 
Pennsylvania,  but  late  from  Finley. 

Samuel  Robinson,  Thirty-third  Ohio,  residence 
unknown. 

William  Campbell,  citizen  of  Louisville,  Ky., 
but  late  from  Ohio. 

We  were  all  told  that  the  service  required  of 
us  was  secret  and  dangerous,  and  if  we  were 
caught,  hanging  would  be  our  lot.  Accordingly, 
the  whole  party  were  disguised  in  citizen's  dress, 
and  on  Monday,  April  seventh,  1862,  we  left  our 
camp  at  Shelbyville,  Tenn.,  and  made  for  Man 
chester,  Tenn.  We  had  the  utmost  difficulty  in 
avoiding  our  own  pickets,  and  several  of  the  party 
were  near  being  shot.  At  Manchester  we  repre 
sented  ourselves  as  Kentuckians  on  our  way  to 
Chattanooga,  to  join  the  rebel  army.  After  leav 
ing  Manchester  we  arrived  at  a  farm  owned  by  a 
Col.  Harris,  who,  upon  being  told  that  we  desired 
to  join  the  confederates,  showed  us  every  atten 
tion,  gave  us  lodging,  and  in  the  morning  har 
nessed  his  teams,  and  conveyed  four  of  us  to  the 
Cumberland  mountains,  and  furnished  us  with 
letters  and  passes  to  friends  in  Chattanooga.  At 
this  time  the  party  divided  into  squads  of  two 
and  four,  and  started  ahead  of  each  other.  All, 
however,  told  the  same  story,  and  had  the  same 
object  in  making  their  way  to  the  army  lines.  We 
crossed  the  mountains  and  followed  the  course  of 
Battle  Creek.  During  this  journey,  we  frequently 
stopped  at  houses  in  which  we  found  Union  men, 
who  endeavored  to  persuade  us  to  turn  back  and 
join  the  Federal  army.  Occasionally  we  were 
regaled  at  the  farm-house  of  a  secessionist,  and  re 
ceived  every  attention  and  encouragement.  After 
a  journey  of  five  days,  with  alternate  meetings  of 
secession  friends  and  Union  dissuaders,  we  ar« 


294 


REBELLION   RECORD,  1862. 


rived  at  Chattanooga,  where  we  found  eighteen 
of  our  party,  the  other  two  having  previously  ar 
rived,  and  gone  on  to  Marietta,  Ga.  At  Colonel 
Harris's  we  met  a  man  who  had  just  run  the 
blockade,  and  offered  one  of  our  party  forty  dol 
lars  to  pilot  him  across  the  Cumberland  moun 
tains.  We,  however,  all  refused,  and  expressed 
a  decision  to  join  the  confederate  army.  This 
lulled  all  suspicion,  and  without  delay  or  hin 
drance  we  took  the  cars  for  Marietta.  Before  leav 
ing,  however,  Andrews,  the  chief  of  the  party,  di 
vided  among  us  seven  hundred  dollars  of  confed 
erate  scrip,  and  told  us  that  we  were  soon  to  enter 
upon  our  dangerous  duty,  but  the  first  man  that 
got  drunk  or  flinched  in  the  least,  he  would  shoot 
him  dead  on  the  spot ;  that  our  object  must  be 
accomplished  or  we  must  leave  our  bones  in  Dixie. 
He  was  a  man  of  great  determination  and  force 
of  character,  as  subsequent  events  will  show. 
After  a  journey  of  about  eighteen  hours,  we  ar 
rived  at  Marietta,  Ga.,  and  put  up  at  a  tavern. 
The  next  morning  before  daylight  we  again  took 
the  cars,  and  went  back  the  same  road  to  a  place 
called  Big  Shanty,  a  refreshment-saloon  on  the 
line  of  the  Georgia  and  Atlanta  State  road,  where 
were  encamped  about  twenty  thousand  confede 
rate  troops.  It  was  the  general  rendezvous  for 
recruits  and  the  organization  of  regiments.  The 
train  contained  a  number  of  soldiers  as  well  as 
citizens,  together  with  a  quantity  of  provisions, 
and  an  iron  safe  containing  a  large  amount  of  con 
federate  scrip,  to  pay  the  troops  at  Corinth,  Miss. ; 
and  here  it  was  that  we  knew  the  duty  we  were 
expected  to  do,  namely,  destroy  the  track  and 
bridges  on  the  line  of  the  road,  and  thus  prevent 
reinforcements  and  commissary  stores  from  reach 
ing  Virginia,  Tennessee,  and  Georgia.  General 
Mitchel  had  already  cut  off  communication  from 
Corinth,  by  holding  Huntsville,  Ala.,  and  our 
duty  was  to  destroy  the  track  and  bridges  from 
Big  Shanty  to  and  beyond  Chattanooga,  or  as  fur 
as  Bridgeport,  Tenn.  It  must  be  recollected  that 
this  portion  of  the  road  is  built  over  innumerable 
creeks  and  rivers,  and  crosses  the  Tennessee  River 
at  Bridgeport,  where  a  fine  bridge  is  erected. 

As  before  stated,  our  whole  party,  consisting 
of  twenty,  left  the  cars  and  divided  into  squads 
of  three  and  four,  taking  stations  on  each  side  of 
the  train,  Andrews  stationing  himself  at  the  coup 
ling-pin  of  the  third  car.     (It  must  here  be  stated 
that  a  number  of  our  party  were  engineers,  and 
thoroughly  understood  the  business  we  had  on 
hand.)    One  of  our  engineers  was  at  his  post,  and 
found   every  thing   all   right     All   hands   now 
mounted  the  cars,  although  the  guard  was  within  j 
three  feet  of  them  ;  the  word  was  given,  Andrews 
drew  the  coupling-pin,  and  cried  all  right.     The  j 
train,  now  consisting  of  three  cars  and  the  engine,  j 
was  started  off  with  as  little  noise  as  possible.  ! 
We  soon  lost  sight  of  the  lights  at  Big  Shanty,  j 
and  at  the  first  curve  the  train  was  stopped,  and 
one  of  the  party  (John  Scott)  climbed  the  tele 
graph-pole  and  cut  the  wires.     We  then  started, 
and  the  next  point,  at  a  town  name  unknown,  we 
to»e  up  the  track,  ana  took  a  rail  with  us  on  the 
car ;  and  thus  we  continued,  tearing  up  the  track 


and  cutting  the  wires  on  the  other  side,  aftef 
passing  a  town.  Unfortunately,  however,  for  us, 
the  train  was  running  in  a  very  slow  schedule,  and 
we  were  compelled  to  switch  off  and  let  the  down- 
train  pass  us.  At  the  first  station  this  occurred, 
the  engineer  of  the  road  made  his  appearance,  and 
was  about  to  step  on  the  engine,  when  Andrews 
told  him  he  could  not  come  on  board,  as  this  was 
an  extra  train  to  run  through  to  Corinth,  and  the 
present  party  were  engaged  to  carry  it  there,  and 
in  support  of  the  assertion  the  iron  safe  was 
shown.  This  apparently  satisfied  the  engineer, 
and  we  took  in  wood  and  water,  and  again  started. 
A  second  time  we  were  compelled  to  switch  off, 
and  in  order  to  get  the  switch-keys,  Andrews, 
who  knew  the  road  well,  went  into  the  station 
and  took  them  from  the  office.  This  caused  con 
siderable  excitement,  but  we  quieted  it  in  a  mea 
sure  by  stating  that  our  train  contained  gunpow 
der  for  Beauregard,  at  Corinth,  and  soon  after  we 
again  started.  About  twenty  miles  south  of  Dai- 
ton,  Ga.,  \ve  came  to  a  bridge,  and  here  we  set 
fire  to  one  of  our  cars,  piled  on  wood,  and  left  it 
on  the  bridge,  designing  to  set  it  on  fire  also.  At 
this  time  the  engineer  at  the  Rome  branch,  sus 
pecting  that  all  was  not  right,  started  up  the 
track,  and,  we  suppose,  found  the  rails  torn  up, 
and  immediately  returned  to  the  junction,  and 
took  on  board  a  quantity  of  loose  rails,  and  fol 
lowed  after  us.  Where  we  had  torn  up  the  rails 
he  immediately  laid  one,  and  without  stopping  to 
fasten  it,  started  over  slowly,  and  gave  chase. 
Soon  he  came  to  the  bridge  with  the  burning  car, 
which  had  not  yet  caught  the  bridge.  In  the 
mean  time  we  had  switched  off'  to  let  an  express 
pass,  which  train  was  duly  informed  of  our  char 
acter  by  discovering  the  track  torn  up,  and  stop 
ped,  but  was  soon  joined  by  the  Rome  engineer, 
who  had  succeeded  in  turning  the  burning  car 
off  the  bridge.  They  then  both  started  for  us, 
laying  the  track  as  they  went  along,  which  they 
could  do  in  a  much  shorter  time  than  we  could 
tear  it  up.  Thus  it  was  they  overtook  us  at 
work ;  and  as  soon  as  we  found  ourselves  discov 
ered,  speed  was  our  hope,  and  at  it  we  went ;  but 
unfortunately  for  us,  our  fuel  wras  nearly  out,  and 
it  was  then  determined  to  leave  the  engine  and 
take  to  the  woods.  Accordingly,  we  stopped  and 
reversed  her,  intending  she  should  run  back  upon 
our  pursuers ;  but  in  this  we  failed,  as  she  had 
not  sufficient  steam  to  turn  her  over,  and  our  ob 
ject  had  failed  from  a  combination  of  unfortunate 
circumstances.  Ten  minutes  more  would  have 
set  the  bridge  on  fire,  and  the  Rome  engineer, 
with  the  rails,  could  not  have  followed  us,  and 
the  down  express  was  entirely  useless.  It  was 
our  intention  to  have  destroyed  all  the  bridges, 
run  into  Chattanooga,  wait  until  the  evening  train 
passed,  and  then  gone  on  to  Bridgeport,  destroyed 
the  bridge  over  the  Tennessee  River,  and  then 
away  for  Huntsville,  and  join  General  Mitchel. 

Our  troubles  now  commenced,  and  the  greatest 
of  all  our  disasters  was  the  division  of  our  party ; 
'twas  now  every  man  for  himself.  We  started 
for  the  Tennessee  River,  but,  being  entirely  un 
acquainted  with  the  country,  mistook  our  way, 


DOCUMENTS. 


295 


and  after  being  hunted  through  the  woods  and 
twice  fired  at,   made  our  escape.     Our   travels 
from  this  time  were  a  succession  of  hardships  and 
difficulties.     We  crossed   the   mountains,   made 
the  Tennessee  River,  where  we  found  a  small 
boat  with  which  we   made  our  way  down   the 
river  to  Stephenson,  Ala.  ;  here  we  found  the  en 
tire  rebel  force  in  a  complete  state  of  confusion, 
occasioned,  as  we  learned,  by  a  visit  from  our 
cavalry  which  had  made  a  dash  into   the  town, 
captured  a  few  prisoners,  and  left  that  morning. 
We  had  succeeded  in  passing  through  the  town 
safely,  when  we  suddenly  came  upon  a  force  of 
rebel  cavalry,  commanded  by  Col.   Stephenson, 
who  took  us  prisoners  just  fourteen  days  after 
leaving  the  balance  of  our  party.     We  were  im 
mediately  recognized  as  belonging  to  Andrews's 
party,   and   after   being   confined   one   night   in 
Stephenson,  we  were  taken  on  the  cars  to  Chat 
tanooga,  and  confined  in  jail,  where  we  found  the 
whole  party.     It  was  endeavored  to   make   us 
give  the  name  of  the  engineer,  as  they  had  a  ter 
rible  fate  in  wait  for  him,  but  not  one  of  the  par 
ty  would  divulge  his  name.     A  court-martial  was 
ordered  for  the  trial  of  Andrews,  and  Pittenger, 
of  the  Second  Ohio,  was  taken  out  as  a  witness, 
and  by  alternate  offers  of  pardon  and  persecution 
they  endeavored  to  make  him  testify  against  An 
drews,  but  he  was  true  to  his  word  and  compan 
ions,  and  the  court  could  gain  nothing  from  him. 
Andrews  and  Pittenger  were  then  sent  back  to 
us  in  jail,  and  we  expected  nothing  less  than  the 
whole  party  would  be  hung.     At  this  time,  about 
May  tenth,  Chattanooga  was  threatened  by  our 
forces,  and,  for  safe  keeping,  we  were  run  off  to 
Madison,   Georgia.     At  Marietta,   the  cars  were 
stopped   by  a  mob  who  threatened  to  drag  us 
from  the  cars  and  hang  us  to  a  tree,  but  the  offi 
cer  in  charge  of  the  train  prevented  them  from 
carrying   it  into   execution,  by  placing  a  strong 
guard  around  the  car,  and  the  mob,  after  a  great 
effort,  was  dispersed.     We  arrived  in  safety  at 
Madison,  where,  after  being  kept  in  confinement 
three  days,  we  were  informed  we  were  to  be  again 
taken  to  Chattanooga,  as  the  Yankees  did  not  in 
tend  to  try  and  take  that  place.     Accordingly, 
we  were  again  taken  back  to  that  place,  where 
the  whole  party,   twenty-two  in  number,  were 
chained  with  heavy  irons,  and  confined  in  a  dark 
dungeon   thirteen  feet  square,  and  for  six  weeks 
were  fed  on  half  fare,  of  the  most  miserable  quali 
ty.     We  were  stripped  of  all  in  our  pockets  and 
left  without  a  cent.     Again  the  court-martial  was 
ordered,  but  this  time  at  Knoxville,  and  twelve 
of  our  party  were  taken  there  and  confined  in 
large  iron  cages.     The  court  found  seven  of  them 
guilty  of  being  spies   and   lurkers  around   the 
camps.     Our  forces  at  this  time  advanced  upon 
Cumberland  Gap,  and  Knoxville  was  threatened, 
and,  in  order  that  we  might  be  safely  kept,  the 
whole  party,  including  the  ten  at  Chattanooga, 
were  sent  "to  Atlanta,  Ga.     Previous  to  leaving 
Chattanooga,  Andrews's  sentence  was  read  to  him, 
which  was  that  he  was  to  be  hung  in  six  days. 
It  was  then  determined  to  attempt  an  escape  by 
cutting  through  the  jail,  which  was  accomplished 


in  one  night,  and  just  at  daybreak  Andrews 
twisted  his  blanket  Into  a  form  of  a  rope  and  suc 
ceeded  in  reaching  the  fence.  John  Wollan 
next  followed,  but  was  discovered.  Andrews,  in 
attempting  to  climb  the  jail  guard-fence,  was  also 
seen  and  fired  upon  by  the  guard,  but  succeeded 
in  getting  over.  Wollan  also  made  a  dash  and 
cleared  the  fence,  both  then  took  the  river,  and 
for  the  time  escaped.  Three  days  afterwards 
Andrews  was  captured  and  brought  back,  and 
seven  days  elapsed  before  poor  Wollan  was 
found.  He  had  travelled  eighty  miles  down  the 
river,  and  was  twice  within  hail  of  the  Union 
gunboats,  but  was  afraid  to  make  himself  known. 
As  soon  as  those  two  had  been  brought  back, 
Andrews  was  chained  hands  and  feet  and  the 
irons  riveted  on,  the  shackles  being  of  immense 
weight,  and  sufficient  to  have  held  an  ox.  Tho 
whole  party  were  then  run  off  to  Atlanta,  Ga. 
On  the  seventh  of  June,  Andrews  was  taken  from 
the  jail  and  hung,  or  rather  strangled  to  death, 
for  the  tree  on  which  they  hung  him  was  so  low 
that  when  his  head  touched  the  limb  his  toes 
touched  the  ground,  and  it  was  necessary  to  dig 
the  sand  away  in  order  that  he  could  be  choked ; 
his  irons  and  shackles  were  still  on  him. 

After  remaining  in  jail  about  seven  days  the 
provost-marshal  came  to  our  cell  and  took  out  the 
seven  that  were  tried  at  Knoxville,  namely,  Wil 
son,  Ross,  and  P.  G.  Shadrack,  of  Second  Ohio, 
Slaven  and  Robinson,  Thirty-third  Ohio,  John 
Scott,  Twenty-first  Ohio,  and  William  Campbell, 
citizen,  Louisville,  Ky.  These  were  taken  from 
the  cell  into  an  adjoining  room,  and  then  sentence 
of  death  was  read  to  them,  and  permission  re 
fused  them  to  return  to  their  comrades  before 
execution,  which  took  place  in  half  an  hour  after 
"caving  us.  They  were  hung  with  cotton  ropes, 
and  two  of  the  party  broke  down,  and  were  al- 
owed  to  live  about  an  hour,  and  see  them  put 
their  comrades  in  coffins,  after  which  they  were 
again  hung  up,  and  their  lifeless  bodies  passed 
our  jail-window  in  about  hah0  an  hour.  The 
balance  of  the  party,  expecting  from  day  to  day 
to  be  taken  out  and  hung,  still  lingered  on  a  most 
miserable  existence  for  the  space  of  four  months. 
In  October  last  we  were  told  that  a  court-martial 
was  about  to  be  convened  to  try  us,  and  expect 
ing  neither  justice  nor  mercy  at  their  hands,  it 
was  resolved  to  attempt  an  escape.  Accordingly, 
on  the  evening  of  the  fifteenth  of  October,  just 
as  our  jailer  brought  up  our  supper,  we  (together 
with  a  Capt.  Fry,  who  was  confined  with  us,  known 
as  the  notorious  Captain  Fry,  Spy  and  Bridge- 
Burner)  rushed  from  our  cell,  took  the  keys  and 
released  four  other  prisoners,  and  in  a  body  fell 
upon  the  guard  and  disarmed  them.  We  then 
succeeded  in  scaling  the  fence,  and  took  the 
shortest  cut  for  the  woods,  distant  about  a  mile. 
By  this  time  the  guard  and  sentinels  were  after 
us,  and  as  they  began  to  fire  upon  us,  our  party 
scattered  and  ran,  every  man  for  himself.  We 
two,  however,  kept  together  and  made  good  our 
escape.  How  many  of  the  party  were  retaken  or 
shot,  it  is  impossible  to  say.  Captain  Fry,  after 
being  repeatedly  shot  at,  staggered  and  fell,  it  ia 


296 


REBELLION  RECORD.  1862. 


therefore  pretty  certain  that  he  was  killed.  We 
kept  on,  and  after  wandering  in  the  woods  for 
twenty-two  days,  occasionally  coining  within  hear 
ing  of  cavalry,  and  several  times  being  near 
caught,  subsisting  upon  corn  and  such  things  as 
we  could  forage,  we  reached  the  borders  of  the 
Chattahoochee  River,  and  there  found  a  boat  with 
which  we  came  down  the  stream,  and  after  alter 
nate  rowing  and  drifting,  subsisting  on  raw  cat 
fish  and  berries,  we  reached  Columbus,  Ga.,  but 
did  not  venture  in  the  city,  as  we  discovered  a 
great  many  soldiers  there.  Again  we  started  oif, 
determined  to  reach  the  gulf  coast,  being  told  by 
negroes  that  our  blockading  fleet  were  stationed 
tbere.  After  a  journey  of  eleven  days,  during 
which  we  suffered  from  hunger  and  thirst,  with 
scarce  sufficient  rags  left  of  our  clothes  to  cover 
our  bodies,  our  feet  bruised  and  lacerated,  we 


succeeded  in  reaching  Apalachicola  Bay,  on  the 
coast  of  Florida,  and  there  for  the  first  time  in 
eight  months  beheld  the  Flag  of  the  Free,  floatin: 


Doc.  50. 
REBEL  RAIDS   IN  KENTUCKY. 

OFFICIAL    REPORT    OF    GENERAL    MORGAN. 

HEADQUARTKRS  MORGAN'S  COMMAND,  | 
KNOXVILLK,  TKNN.,  July  30.      f 

To  Major-  General  E.  Kirl>y  S-mitli,  Commanding 

Department  of  East-  Tennessee : 

GENERAL  :  I  have  the  honor  to  report  that,  upon 
the  day  of  the  engagement  at  Tompkinsville,  a 
full  report  of  which  I  have  already  sent  you,  I 
moved  my  command — consisting  of  my  own  regi 
ment,  tlje  Georgia  regiment  of  partisan  rangers, 
commanded  by  Colonel  A.  A.  Hunt,  and  Major 
Gano's  Texas  squadron,  to  which  was  attached 
two  companies  of  Tennessee  cavalry — in  the  direc 
tion  of  Glasgow,  which  place  I  reached  at  twelve 


o'clock  that  night. 

There  were  but  few  troops  in  the  town,  who 

fled  at  our  approach.     The  commissary  stores, 

proudly  from  the  peak  of  the  United  States  I  clothing,  etc.,  together  with  a  large  supply  of 
steamer  Somerset ;  we  were  taken  on  board  and !  medical  stores,  found  in  Glasgow,  were  burned, 
treated  with  the  utmost  kindness.  Our  rags  and  the  guns  were  distributed  among  my  coin- 
were  exchanged  for  complete  outfits  of  sailor  mand — about  two  hundred  of  whom  were  un 


clothes  ;  our  wounds  were  dressed,  and  every 
attention  paid  us  that  could  be  desired.  We 
then  realized  that  we  were  once  more  among 
Union  men.  From  the  Somerset  we  were  trans 
ferred  to  the  United  States  steamer  Stars  and 
Stripes,  in  which  vessel  we  arrived  at  Key  West, 


armed  when  I  left  Knoxville. 

From  Glasgow  I  proceeded  along  the  main  Lex 
ington  road  to  Barren  River,  halting  for  a  time 
near  Cave  City — my  object  being  to  induce  the 
belief  that  I  intended  destroying  the  railroad 
bridge  between  Bowling  Green  and  Woodsonville. 


Florida,  on  Monday,  November  tenth,  and  report-  j  I  caused  wires,  connecting  with  a  portable  bat 
ed  to  Col.  Morgan,  of  the  Ninetieth  regiment  New- 1  tery  that  I  carried  with  me,  to  be  attached  to  the 
York  volunteers,  nearly  eight  months  from  the  telegraph  line  near  Horse  Cave,  and  intercepted 


time  we  left  our  regiment.  In  this  statement  we 
have  omitted  many  interesting  details,  which 
would  fill  a  newspaper  entire.  It  is  our  intention 


a  number  of  despatches. 

At  Barren  River  I  detached  three  companies 
under  Capt.  Jack  Allen,  to  move  forward  rapidly 

1  _1         _   .  O        I  J_        "T>  •  1          •     A  jl  j  ,   1 


to  proceed  to  Washington,  and  from  thence  join   and  destroy   Salt  River  bridge,  that  the  troops 

Licly  our  |  along  the  line  of  railroad  might  be  prevented  from 
heartfelt  thanks   to  the  manv  kind  friends  we   returning  to  Louisville. 


our  regiment.     We  desire  to  express  publicly  our  j  along  the  line 


have  met  since  coming  within  the  jurisdiction  of 
the  American  flag,  for  the  liberal  and  humane 
manner  in  which  they  have  treated  us.  May 
that  God  who  has  thus  far  spared  our  lives  pro 
tect  and  watch  over  them. 

We  take  the  following  from  a  late  speech  of 
General  Prentiss  at  Washington,  which  fully  cor 
roborates  the  above  statement : 

"  Arriving  at  Atlanta,  we  noticed  a  procession 
coming  up  the  street,  consisting  of  two  or  three 
wagons.  We  could  not  make  out  what  it  meant. 


On  the  following  morning  I  moved  on  towards 
Lebanon,  distant  thirty-five  miles  from  Barren 
River.  At  eleven  o'clock  at  night  I  reached  the 
bridge  over  Rolling  Fork,  six  miles  from  Lebanon. 
The  enemy  had  received  information  of  my  ap 
proach  from  their  spies,  and  my  advance-guard 
was  fired  upon  at  the  bridge.  After  a  short  fight 
the  force  at  the  bridge  was  dispersed,  and  the 
planks,  which  had  been  torn  up,  having  been  re 
placed,  the  command  moved  forward  to  Lebanon. 
About  two  miles  from  the  town  a  skirmish  took 
place  between  two  companies  that  I  caused  to 


We  had  heard  of  their  hanging  and  lynching  |  dismount  and  deploy,  and  a  force  of  the  enemy 
Union  men,  but  we  did  not  suspect  that  this  pro-  posted  upon  the  road,  which  was  soon  ended  b^ 
cession  had  any  thing  to  do  with  a  matter  of  this  its  dispersion  and  capture.  Lieut. -Colonel  A.  Y 
kind.  But  we  afterwards  learned  the  sad  facts.  Johnson,  commanding  the  troops  in  town,  sur- 
Eight  privates  of  an  Ohio  regiment  were  hung  at  j  rendered,  and  I  entered  the  place.  The  prison- 


Atlanta.     They  had  been  sent  by  Gen.  Mitch  el 
to  do  a  little  work  on  the  railroad  and  telegraph. 
"  Coming  back,  they  unfortunately  forgot  to  cut 
the  telegraph  lines,  by  the  use  of  which  a  force 

was  ordered  from  Chattanooga  to  intercept  them,  j  forming  him  that  Col.  Owen,  with  the  Sixtieth 
The  gallant  Ohioans  were  whiling  away  their  j  Indiana  regiment,  had  been  sent  to  his  assistance ; 
leisure  hours  in  prison  with  a  game  of  euchre  |  so  I  at  once  despatched  a  company  of  Texan  Rang- 
when  the  guard  led  them  out  to  be  hung."  |  ers,  under  Major  Gano,  to  destroy  the  railroad 


ers  taken,  in  number  about  sixty-five,  were  pa 
roled. 

I  took  immediate  possession  of  the  telegraph 
and  intercepted  a  despatch  to  Col.  Johnson,  in- 


DOCUMENTS. 


297 


bridge  on  the  Lebanon  branch,  which  he  success 
fully  accomplished  in  time  to  prevent  the  arrival 
of  the  troops.  I  burned  two  long  buildings  full 
of  commissary  stores,  consisting  of  upward  of  five 
hundred  sacks  of  coffee  and  a  large  amount  of  all 
other  supplies  in  bulk,  marked  for  the  army  at 
Cumberland  Gap.  I  also  destroyed  a  very  large 
amount  of  clothing,  boots,  etc.  I  burned  the  hos 
pital  buildings,  which  appeared  to  have  been  re 
cently  erected  and  fitted  up,  together  with  about 
thirty-five  wagons  and  fifty- three  new  ambulances. 
I  found  in  the  place  a  large  store  of  medicines, 
five  thousand  stand  of  arms  with  accoutrements, 
about  two  thousand  sabres,  and  an  immense  quan 
tity  of  ammunition,  shell,  etc.  I  distributed  the 
best  arms  among  my  command,  and  loaded  one 
wagon  with  them,  to  be  given  to  the  recruits  that 
I  expected  to  join  me.  I  also  loaded  one  wagon 
with  ammunition.  The  remainder  of  the  arms, 
ammunition,  and  the  hospital  and  medical  stores 
I  destroyed. 

While  in  Lebanon,  I  ascertained  from  tele 
graphic  despatches  that  I  intercepted,  that  the 
force  which  had  been  started  from  Lebanon  Junc 
tion  to  reenforce  Lieut-Colonel  Johnson,  had  met 
and  driven  back  the  force  under  Capt.  Jack  Allen, 
killing  one  of  his  men,  and  preventing  him  from 
accomplishing  the  purpose  for  which  he  had  been 
detailed. 

I  proceeded  from  Lebanon  on  the  following  day 
through  Springfield  to  Macksville,  at  which  point 
I  was  attacked  by  home  guards.  Two  of  my  men 
were  taken  prisoners,  and  one  severely  wounded. 
I  remained  at  Macksville  that  night  to  recover  the 
prisoners,  which  I  did  early  the  next  morning.  I 
then  left  for  Harrodsburgh,  capturing  a  Federal 
captain  and  lieutenant  on  the  road ;  reached  Har 
rodsburgh  at  half-past  twelve  o'clock,  and  found 
that  the  home  guard  of  all  that  portion  of  coun 
try  had  fled  to  Lexington.  A  force  was  also  sta 
tioned  on  the  bridge  where  the  Lexington  road 
crossed  the  Kentucky  River.  My  reception  at  this 
place  was  very  encouraging.  The  whole  popula 
tion  appeared  to  turn  out  and  vie  with  each  other 
as  who  should  show  us  most  attention. 

I  left  Harrodsburgh  at  six  o'clock  the  same 
evening,  and  moved  to  Lawrenceburgh,  twenty 
miles  distant,  threatening  Frankfort  in  order  to 
draw  off  the  troops  from  Georgetown.  Remained 
there  until  the  return  of  my  courier  from  Frank 
fort,  who  brought  the  information  that  there  was 
a  force  in  Frankfort  of  two  or  three  thousand  men, 
consisting  of  home  guards  collected  from  the  adja 
cent  counties,  and  a  few  regular  troops. 

From  Lawrenceburgh  I  proceeded  to  Shryke's 
Ferry,  on  the  Kentucky  River,  raised  the  boat, 
which  had  been  sunken,  and  crossed  that  even 
ing,  reaching  Versailles  at  seven  o'clock.  I  found 
this  place  abandoned  by  its  defenders,  who  had 
fled  to  Lexington ;  remained  there  that  night,  and 
on  the  next  morning  marched  toward  Georgetown. 
While  at  Versailles  I  took  about  three  hundred 
Government  horses  and  mules. 

I  passed  through  Midway  on  the  road  to  George 
town,  and  was  informed,  just  before  reaching  the 
place,  that  a  train  from  Frankfort  was  nearly  due, 


with  two  regiments  of  Federals.  I  tore  up  the 
track  and  posted  a  howitzer  to  command  it,  and 
formed  my  command  along  the  line  of  the  road ; 
but  the  train  was  warned  of  our  presence,  and 
returned  to  Frankfort.  Having  taken  possession 
of  the  telegraph  office,  I  intercepted  a  despatch 
asking  if  the  road  was  clear,  and  if  it  would  be 
safe  to  start  the  train  from  Lexington.  I  replied 
to  send  the  train,  and  made  preparations  to  re 
ceive  it ;  but  it  was  also  turned  back  and  escaped. 

I  reached  Georgetown,  twelve  miles  from  Lex 
ington,  that  evening.  Just  before  entering  the 
town,  I  was  informed  that  a  small  force  of  home 
guards  had  mustered  to  oppose  us.  I  sent  them 
word  to  surrender  their  arms,  and  they  should 
not  be  molested,  but  they  fled.  The  people  of 
Georgetown  also  welcomed  us  with  gladness,  and 
provided  my  troops  with  every  thing  that  they 
needed.  I  remained  at  Georgetown  two  days, 
during  which  time  I  sent  out  a  company  under 
Capt.  McMillen  to  destroy  the  track  between  Mid 
way  and  Lexington,  and  Midway  and  Frankfort, 
and  to  blow  up  the  stone  bridge  on  that  road, 
which  he  successfully  accomplished.  Hearing 
that  a  company  of  home  guards  were  encamped 
at  Stamping  Ground,  thirteen  miles  distant,  I 
despatched  a  company  under  Capt.  Hamilton  to 
break  up  the  encampment,  burn  the  tents  and 
stores,  and  destroy  the  guns.  This  was  also  ac 
complished — Capt.  Hamilton  taking  fifteen  prison 
ers  and  all  their  guns,  and  destroying  a  large 
amount  of  medical  and  commissary  supplies.  I 
also,  while  at  Georgetown,  sent  Captain  Castle- 
man,  with  his  company,  to  destroy  the  railroad 
bridges  between  Paris  and  Lexington,  and  report 
to  me  at  Winchester.  This  was  done. 

Determining  to  move  on  Paris,  with  a  view  of 
returning,  and  hearing  that  the  place  was  being 
rapidly  reenforced  from  Cynthiana,  I  deemed  it 
of  great  importance  to  cut  off  the  communication 
from  that  place,  while  I  drew  off  the  troops  that 
were  already  there,  by  a  feint  on  Lexington.  I 
therefore  despatched  a  portion  of  two  companies 
toward  Lexington,  with  instructions  to  drive  the 
pickets  to  the  very  entrance  of  the  city,  while  I 
moved  the  command  toward  Cynthiana.  When 
I  arrived  within  three  miles  of  the  place  I  learned 
that  it  was  defended  by  a  considerable  force  of 
infantry,  cavalry,  and  artillery.  I  despatched  the 
Texas  squadron,  under  Major  Gano,  to  enter  the 
town  on  the  right,  and  the  Georgia  regiment  to 
cross  the  river  and  get  into  the  rear,  while  I 
moved  my  own  regiment,  with  the  artillery  under 
the  command  of  Lieut.  J.  E.  Harris,  down  the 
Georgetown  pike.  A  severe  engagement  took 
place,  which  lasted  about  an  hour  and  a  half,  be 
fore  the  enemy  were  driven  into  the  town  and 
compelled  to  surrender.  I  took  four  hundred  and 
twenty  prisoners,  including  about  seventy  home 
guards.  I  regret  to  have  to  mention  the  loss  of 
eight  of  my  men  in  killed  and  twenty-nine  wound" 
ed.  The  enemy's  loss  was  ninety-four  killed  and 
wounded,  according  to  their  own  account.  Their 
excess  in  killed  and  wounded  is  remarkable,  as 
they  fought  us  from  behind  stone  fences  and  fired 
at  us  fr^m.  buildings  as  we  charged  through  the 


298 


REBELLION  RECORD,  1862. 


town.  We  captured  a  very  fine  twelve-pounder 
brass  piece  of  artillery,  together  with  a  large  num 
ber  of  small  arms,  and  about  three  hundred  Gov 
ernment  horses.  The  arms  and  Government 
stores  were  burned,  and  as  many  of  the  horses 
as  we  could  bring  with  us  were  kept.  I  found  a 
very  large  supply  of  commissary  and  medical 
stores,  tents,  guns,  and  ammunition  at  this  place, 
which  I  destroyed.  The  paroled  prisoners  were 
sent  under  an  escort  to  Falmouth,  where  they 
took  the  train  for  Cincinnati. 

I  proceeded  next  morning  toward  Paris,  and 
was  met  on  the  road  by  a  bearer  of  a  flag  of  truce, 
offering  the  unconditional  surrender  of  the  place. 
I  reached  Paris  at  four  o'clock,  remained  there 
that  night,  and  started  toward  Winchester  next 
morning.  As  my  command  was  filing  out  of 
Paris,  on  the  Winchester  pike,  I  discovered  a 
large  force  of  Federals  coming  toward  the  town 
from  the  direction  of  Lexington.  They  immedi 
ately  countermarched,  supposing,  no  doubt,  that 
my  "intention  was  to  get  into  the  rear.  This  ena 
bled  me  to  bring  off  my  entire  command  without 
molestation,  with  the  exception  of  two  of  my 
pickets,  who  were  probably  surprised.  I  reached 
Winchester  that  day  at  twelve  o'clock,  and  re 
mained  until  four  o'clock,  when  1  proceeded 
toward  Richmond.  At  Winchester  I  found  a  num 
ber  of  arms,  which  were  destroyed. 

I  arrived  at  Richmond  at  twelve  o'clock  that 
night,  and  remained  until  the  next  afternoon, 
when  I  proceeded  to  Crab  Orchard.  I  had  deter 
mined  to  make  a  stand  at  Richmond  and  await  re- 
enforcements,  as  the  whole  people  appeared  ready 


destroyed  all  the  Government  supplies  and  arma 
in  them,  dispersed  about  one  thousand  five  hun 
dred  home  guards,  and  paroled  nearly  one  thou 
sand  two  hundred  regular  troops.  I  lost,  in 
killed,  wounded,  and  missing,  of  the  number  that 
I  carried  into  Kentucky,  about  ninety. 

I  take  great  pleasure  in  testifying  to  the  gallant 
bravery  and  efficiency  of  my  whole  command. 
There  were  individual  instances  of  daring  so  con 
spicuous  that  I  must  beg  the  privilege  of  referring 
to  them.  Private  Moore,  of  Louisiana,  a  member 
of  company  A  of  my  regirnerr*,,  particularly  dis 
tinguished  himself  in  leading  a  charge  at  Cynthi- 
ana,  which  had  an  important  effect  in  winning 
the  battle.  The  reports  of  the  regimental  com 
manders,  which  are  enclosed,  are  respectfully  re 
ferred  to  for  further  instances  of  individual  bra 
very  and  efficiency.  I  feel  indebted  to  all  my 
aids  for  the  promptness  with  which  my  orders 
were  executed,  and  particularly  to  Col.  St.  Leger 
Grenfel,  for  the  assistance  which  his  experience 
afforded  me. 

All  of  which  is  respectfully  submitted. 

JOHN  H.  MORGAN, 

Acting  Brigadier-General,  C.S.A. 

R.  A.  ALSTON,  A.A.G. 

OFFICIAL  REPORT  OF  ELLSWORTH,  THE  TELEGRAPHIC 
OPERATOR. 

KNOXVILLB,  July  30, 1862. 

Captain  R.  A.  Alston,  A. A.  G.  : 

On  the  tenth  of  July,  Gen.  Morgan,  with  my 
self  and  a  body-guard  of  fifteen  men,  arrived  at  a 
point  one  half  a  mile  below  Horse  Cave,  on  the 
Louisville  and  Nashville  Railroad,  where  I  took, 


to  rise  and  join  me,  but  I  received  information  down  the  telegraphic  wire,  and  connected  my 
that  large  bodies  of  cavalry  under  General  Clay  |  ket  instrument  for  the  purpose  of  taking  off 
Smith,  and  Cols.  Wolsford,  Metcalf,  Mundy,  and  j  all  despatches  as  they  passed  through.  Owing  to 
Wynkoop,  were  endeavoring  to  surround  me  at  a  heavy  storm  prevaiiing  south,  the  atmospheric 

electricity  prevented  me  from  communicating  with 
Bowling  Green  or  Nashville.     The  first  1  heard 


this  place.  So  I  moved  on  to  Crab  Orchard. 
There  I  attached  my  portable  battery  to  the  tel 
egraph  leading  from  Stanford  to  Louisville,  and 
learned  the  exact  position  of  the  enemy's  forces, 
and  directed  my  movements  accordingly. 

Leaving  Crab  Orchard  at  eleven  o'clock,  I  ar 
rived  at  Somerset,  distant  twenty-eight  miles,  at 
sundown.  I  took  possession  of  the  telegraph,  and 
countermanded  all  the  previous  orders  that  had 
been  given  by  General  Boyle  to  intercept  me,  and 
remained  in  perfect  security  all  night.  I  found  a 
very  large  supply  of  commissary  stores,  clothing, 
blankets,  shoes,  hats,  etc.,  at  this  place,  which 
were  destroyed.  I  also  found  the  arms  that  had 
been  taken  from  Gen.  Zollicoffer,  together  with 
large  quantities  of  shell  and  ammunition,  all  of 
which  were  destroyed.  I  also  burned  at  this 
place  and  Crab  Orchard,  about  one  hundred  and 
thirty  Government  wagons. 

From  Somerset  I  proceeded  to  Monticello,  and 
from  thence  to  between  Livingston  and  Sparta, 
where  my  command  is  now  encamped. 

I  left  Knoxville  on  the  fourth  day  of  this  month, 
with  about  nine  hundred  men,  and  returned  to 
Livingston  on  the  twenty-eighth  instant,  with 
nearly  twelve  hundred,  having  been  absent  just 
twenty-four  days,  during  which  time  I  travelled 
over  a  thousand  miles,  captured  seventeen  towns, 


was  Louisville  calling  Bowling  Green.  I  imme 
diately  put  on  my  ground  wire  southward,  notic 
ing  particularly  at  the  same  time  what  change  it 
would  make  in  the  circuit.  It  did  make  it  stronger ; 
but  the  storm  mentioned  affecting  telegraphs  more 
or  less,  Louisville  did  not  suspicion  any  thing 
wrong,  and  I  answered  for  Bowling  Green,  when 
I  received  the  following  message  : 

LOUISVILLB,  July  10, 1862. 

To  S.  D.  Brown,  Bowling  Green : 
You  and  Colonel  Houghton  move  together.     I 

fear  the  force  of  Colonel  H is  too  small   to 

venture  to  Glasgow.  The  whole  force  should 
move  together,  as  the  enemy  are  mounted.  We 
cannot  venture  to  leave  the  road  too  far,  as  they 
may  pass  round  and  ruin  it. 

J.  T.  BOYLE, 

Brigadier-General  Commanding. 

I  returned  the  usual  signal,  "0.  K.,"  after  re 
ceiving  the  message. 

Louisville  immediately  called  Nashville  ;  and  I 
answered  for  Nashville,  receiving  business  for  two 
hours.  This  business  was  mostly  of  a  private 
nature,  and  I  took  no  copies.  It  could  be  plainly 
perceived  from  the  tenor  of  the  messages  that 


DOCUMENTS. 


299 


Morgan  was  in  the  country,  and  all  orders  to 
send  money  or  valuables  were  countermanded 
— as  they  supposed.  Little  did  the  operator  at 
Louisville  think  all  his  work  would  have  to  be 
repeated  the  next  day.  Louisville  also  sent  the 
news  of  the  day,  and  thus  we  were  furnished 
with  New-York  and  Washington  dates  of  that 
day.  During  the  whole  of  this  time  it  was  rain 
ing  heavily,  and  my  situation  was  any  thing  but 
an  agreeable  one  —  sitting  in  the  mud  with  my 
feet  in  the  water  up  to  my  knees.  At  eleven 
o'clock  P.M.,  the  General  being  satisfied  that  we 
had  drained  Louisville  of  news,  concluded  to  close 
for  the  night,  and  gave  me  the  following  message, 
dating  and  signing : 

NASHVILLE,  July  10, 1862. 

To  Henry  Dent,  Provost-Marshal  of  Louisville  : 
Gen.  Forrest,  commanding  a  brigade,  attacked 
Murfreesboro,  routing  our  forces,  and  is  now  mov 
ing  on  Nashville.  Morgan  is  reported  to  be  be 
tween  Scottsville  and  Gallatin,  and  will  act  in 
concert  with  Forrest,  it  is  believed.  Inform  the 
General  commanding.  STANLEY  MATTHEWS, 

Provost-Marshal. 

I  am  not  aware  that  General  Morgan  claims  to 
be  a  prophet,  or  the  son  of  a  prophet ;  but  For 
rest  did  attack  Murfreesboro  and  rout  the  en 
emy.* 

On  arriving  at  Lebanon,  July  twelfth,  I  accom 
panied  the  advance-guard  into  town,  and  took 
possession  of  the  telegraph  office  immediately. 
This,  as  you  know,  was  at  half-past  three  A.M. 
I  adjusted  the  instrument  and  examined  the  cir 
cuit.  No  other  operator  on  the  line  appeared  to 
be  on  hand  this  early.  I  then  examined  all  the 
despatches  of  the  day  previous.  Among  them  I 
found  the  following : 

LEBANON,  July  11, 1862. 

General  J.  T.  Boyle,  Louisville,  Ky.  : 

I  have  positive  information  that  there  are  four 
hundred  marauders  within  twenty  miles  of  this 
place,  on  the  old  Lexington  road,  approaching 
Lebanon.     Send  reinforcements  immediately. 
A.  Y.  JOHNSON, 

Lieutenant-Colonel  Commanding. 

At  half-past  seven  an  operator  signing  "  Z  " 
commenced  calling  "  B,"  which  I  had  ascertained 
by  the  books  in  the  office  was  the  signal  for  the 
Lebanon  office.  I  answered  the  call,  when  the 
following  conversation  between  "  Z  "  and  myself 
ensued : 

To  Lebanon:  What  news?  Any  more  skir 
mishing  after  your  last  message  ?  Z. 

To  Z  :  No.  We  drove  what  little  cavalry  there 
was  away.  B. 

To  B  :"  Has  the  train  arrived  yet  ?  Z. 

To  Z :  No.  About  how  many  troops  on  train  ? 

B. 

To  B:  Five  hundred  Sixtieth  Indiana,  com 
manded  by  Colonel  Owens.  Z. 

My  curiosity  being  excited  as  to  what  station 
Z  was,  and  to  ascertain  without  creating  any 
suspicion,  I  adopted  the  following  plan : 

*  The  taking  of  Murfreesboro  by  Forrest  was  thret  days  after 
ward — on  the  eighteenth. 


To  Z :  A  gentleman  here  in  the  office  bets  me 
the  cigars  you  cannot  spell  the  name  of  your  sta 
tion  correctly.  B. 

To  B:  Take  the  bet.  L-e-b  a-n-o-n  J-u-n-c- 
t-i-o-n.  Is  this  not  right  ?  How  did  you  think 
I  would  spell  it  ?  Z. 

To  Z :  He  gives  it  up.  He  thought  you  would 
put  two  b's  in  Lebanon.  B. 

To  B :  Ha  !  ha  !  ha  !     He  is  a  green  one. 

Z. 

To  Z :  Yes,  that's  so.  B. 

To  Z :  What  time  did  the  train  with  soldiers 
pass,  Z  ?  B. 

To  B :  8.30  last  night.  Z. 

To  Z :  Very  singular  where  the  train  is  1 

B. 

To  B  :  Yes,  it  is  —  let  me  know  when  it  ar 
rives.  Z. 

At  8.20  Lebanon  Junction  called  me  up  and 
said : 

To  B  :  The  train  has  returned.  They  had  a 
fight  with  the  rebels  at  New-Hope.  The  com 
manding  officer  awaits  orders  here.  Z. 

To  Z :  Give  us  the  particulars  of  the  fight. 
Colonel  Johnson  is  anxious  to  know  all  about  it. 

B. 

To  B:  Here  is  Moore's  message  to  General 
Boyle : 

LEBANON  JUNCTION,  July  12. 

To  GeneralJ.  T.  Boyle,  Louisville: 

At  eleven  o'clock  last  night,  at  New-Hope  sta 
tion,  part  of  my  command  encountered  a  force 
of  rebel  cavalry  posted  on  the  county  road  one 
half  mile  south  of  the  railroad.  After  a  brisk 
fire  of  musketry  for  twenty  minutes,  the  enemy 
was  routed  and  fled.  Skirmishers  were  sent 
out  in  different  directions,  but  were  unable  to 
find  the  enemy.  At  three  this  morning,  appre 
hending  that  an  effort  might  be  made  to  destroy 
the  bridges  in  our  rear,  we  moved  down  to  New- 
Haven  and  remained  until  after  daylight,  when 
the  train  went  back  to  the  scene  of  the  skir 
mish.  A  Mr.  Foreman  of  Owen  County,  was  found 
mortally  wounded.  He  reported  the  rebel  force 
at  five  hundred  and  fifty,  under  command  of 
Captain  Jack  Allen,  and  that  they  had  fallen 
back  toward  Greensburgh.  One  horse  was  kill 
ed  and  three  captured.  The  books  of  the  com 
pany  were  found  in  the  field.  Blood  was  found 
at  different  places,  showing  that  the  enemy  were 
severely  punished.  No  casualties  on  our  side. 
Here  with  train  awaiting  orders. 

0.  F.  MOORE, 

Commanding. 

Lebanon  Junction  being  the  repeating  station 
for  Louisville  business,  he  forwarded  the  follow 
ing  telegrams  just  from  Louisville — nine  o'clock 
A.M. 

LOUISVILLE,  July  12. 

To  Colonel  Johnson,  Lebanon  : 

Leave  good  guard  and  join  Colonel  Owens. 
Pursue  the  enemy  and  drive  him  out.  Be  cau 
tious  and  vigorous.  Make  no  delay. 

J.  T.  BOYLE, 

Brigadier-General  Commanding. 


300 


REBELLION  RECORD    1862. 


By  the  following  it  will  appear  that  Colonel 
Dwens  must  have  been  en  route  for  Lebanon : 

LOUISVILLE,  July  2. 

Colonel  Owens,  Lebanon: 

You  will  move  after  the  enemy  and  pursue 
him.  J.  T.  BOYLE, 

Brigadier-General  Commanding. 

Up  to  the  time  of  our  leaving  Lebanon,  which 
was  about  noon,  Colonel  Owens  had  not  arrived. 
General  Morgan  told  me  I  could  close  my  office ; 
and  to  allay  for  that  evening  all  suspicion  at 
Lebanon  Junction,  at  not  being  able  to  commu 
nicate  with  Lebanon,  I  despatched  to  the  operator1 
as  follows : 

To  Z  :  Have  been  up  all  night,  and  am  very 
sleepy.  If  you  have  no  objections,  I  will  take 
a  nap  until  two  or  three  o'clock.  B. 

To  B  :  All  right — don't  oversleep  yourself. 

Z. 

Wonder  if  I  did  ! 

We  arrived  at  Midway v  between  Frankfort  and 
Lexington,  on  the  Louisville  and  Lexington  Rail 
road,  about  ten  o'clock  A.M.  the  next  day.  At  this 
place  I  surprised  the  operator,  who  was  quietly  sit 
ting  on  the  platform  at  the  depot,  enjoying  himself 
hugely.  Little  did  he  suspect  that  the  much  dread 
ed  Morgan  was  in  his  vicinity.  I  demanded  of  him 
to  call  at  Lexington  and  inquire  the  time  of  day, 
which  he  did.  This  I  did  for  the  purpose  of 
getting  his  style  of  handling  the  "  Key "  in 
writing  despatches.  My  first  impressions  of  his 
style,  from  noticing  the  paper  in  the  instrument, 
were  confirmed.  He  was,  to  use  a  telegraphic 
term,  a  "  Plug "  operator.  I  adopted  his  style 
of  writing,  and  commenced  operations.  In  this 
office  I  found  a  signal-book,  which  proved  to  be 
very  useful.  It  contained  the  calls  for  all  the 
offices.  Despatch  after  despatch  was  going  to 
and  from  Lexington,  Georgetown,  Paris,  and 
Frankfort,  all  containing  something  in  reference 
to  Morgan. 

On  commencing  operations  at  this  place,  I  dis 
covered  that  there  were  two  wires  on  the  line 
along  this  railroad.  One  was  what  we  term  a 
"  through- wire,"  running  direct  from  Lexington 
to  Frankfort,  and  not  entering  any  of  the  way- 
offices.  I  found  that  all  military  messages  were 
sent  over  that  wire.  As  it  did  not  enter  Midway 
office,  I  ordered  it  cut,  thus  forcing  Lexington 
on  to  the  wire  that  did  run  through  the  office. 

I  tested  the  line,  and  found  that  by  applying 
my  ground-wire  it  made  no  difference  with  the 
circuit;  and,  as  Lexington  was  headquarters,  I 
cut  Frankfort  off.  Midway  was  called.  I  an 
swered  and  received  the  following : 

LEXINGTON,  July  15,  1862. 

To  J.  W.  Woolums,  Operator,  Midway : 

Will  there  be  any  danger  in  coming  to  Mid 
way.  Is  every  thing  right  ?  TAYLOR, 

Conductor. 

I  inquired  of  my  prisoner  (the  operator)  if  he 
knew  a  man  by  the  name  of  Taylor.  He  said 
that  Taylor  was  conductor.  I  immediately  gave 
Taylor  the  following  reply ; 


MIDWAY,  July  15, 1862. 

To  Taylor,  Lexington : 

All  right  —  come  on  —  no  signs  of  any  rebels 
here.  WOOLUMS. 

The  operator  in  Cincinnati  then  called  Frank 
fort.  I  answered,  and  received  about  a  dozen  un 
important  despatches.  He  had  no  sooner  finish 
ed,  when  Lexington  called  Frankfort.  Again  I 
answered,  and  received  the  following  message : 

LEXINGTON,  July  15. 

To  General  Finnell,  Frankfort  : 

I  wish  you  to  move  the  forces  at  Frankfort  on 
the  line  of  the  Lexington  Railroad  immediately, 
and  have  the  cars  follow  and  take  them  up  as 
soon  as  possible.  Further  orders  will  await 
them  at  Midway.  I  will,  in  three  or  four  hours, 
move  forward  on  the  Georgetown  pike  ;  will  have 
most  of  my  men  mounted.  Morgan  left  Versail 
les  this  morning  at  eight  o'clock,  with  eight  hun 
dred  and  fifty  men,  on  the  Midway  road,  moving 
in  the  direction  of  Georgetown. 

Brigadier-General  WARD. 

This  being  our  position  and  intention  exactly, 
it  was  thought  proper  to  throw  General  Ward  on 
some  other  track.  So  in  the  course  of  half  an 
hour  I  manufactured  and  sent  the  following 
despatch,  which  was  approved  by  General  Mor 
gan : 

MIDWAY,  July  15, 1862. 

To  Brigadier-  General  Ward,  Lexington  : 

Morgan,  with  upward  of  one  thousand  men, 
came  within  a  mile  of  here,  and  took  the  old 
Frankfort  road,  bound,  as  we  suppose,  for  Frank 
fort.  This  is  reliable.  WOOLUMS, 

Operator. 

In  about  ten  minutes  Lexington  again  called 
Frankfort,  when  I  received  the  following : 

LEXINGTON,  July  15, 1S62. 

To  General  Finnell,  Frankfort : 

Morgan,  with  more  than  one  thousand  men, 
came  within  a  mile  of  here,  and  took  the  old 
Frankfort  road. 

This  despatch  received  from  Midway,  and  is  re 
liable.  The  regiment  from  Frankfort  had  better 
be  recalled.  General  WARD. 

I  receipted  for  this  message,  and  again  manu 
factured  a  message  to  confirm  the  information 
General  Ward  ha^  received  from  Midway, '  and 
not  knowing  the  tariff  from  Frankfort  to  Lexing 
ton,  I  could  not  send  a  formal  message  ;  so,  ap 
pearing  greatly  agitated,  I  waited  until  the  cir 
cuit  was  occupied,  and  broke  in,  telling  them  to 
wait  a  minute,  and  commenced  calling  Lexing 
ton.  He  answered  with  as  much  gusto  as  I  call 
ed  him.  I  telegraphed  as  follows  : 

Frankfort  to  Lexington:  Tell  General  Ward 
our  pickets  are  just  driven  in.  Great  excite 
ment.  Pickets  say  the  force  of  enemy  must  be 
two  thousand.  OPERATOR. 

It  was  now  two  o'clock  P.M.,  and  Gen.  Morgan 
wished  to  be  off  for  Georgetown.  I  run  a  secret 
ground  connection,  and  opened  the  circuit  on  the 
Lexington  end.  This  was  to  leave  the  impres 
sion  that  the  Frankfort  operator  was  skedaddling^ 


DOCUMENTS. 


301 


or  that  Morgan's  men  had  destroyed  the  tele 
graph. 

We  arrived  at  Georgetown  at  about  the  setting 
of  the  sun.  I  went  to  the  telegraph  office,  found 
it  locked,  inquired  for  the  operator,  who  was  point 
ed  out  to  me  on  the  street.  I  hailed  him  and 
demanded  admission  into  his  office.  He  very 
courteously  showed  me  in.  Discovering  that  his 
instruments  had  been  removed,  I  asked  where 
they  were.  He  said  that  he  sent  them  to  Lex 
ington.  I  asked  him  what  time  he  had  Lexing 
ton  last.  He  said :  "  Nine  o'clock,  and  since  that 
time  the  line  had  been  down."  I  remarked  that 
it  must  be  an  extraordinary  line  to  be  in  working 
condition  when  it  was  down,  as  I  heard  him 
sending  messages  to  Lexington  when  I  was  at 
Midway  at  one  o'clock.  This  was  a  stunner;  he 
had  nothing  to  say.  I  immediately  tested  the 
line  by  applying  the  ends  of  the  wires  to  my 
tongue,  and  found  the  line  "  0.  K."  I  said  nothing 
to  him,  but  called  for  a  guard  of  two  men  to  take 
care  of  Mr.  Smith  until  I  got  ready  to  leave  town. 
1  did  not  interrupt  the  lines  till  after  tea,  when  I 
put  in  my  own  instruments,  and  after  listening 
an  hour  or  two  to  the  Yankees  talking,  I  open 
ed  the  conversation  as  follows,  signing  myself, 
"  Federal  Operator." 

To  Lexington  :  Keep  mum  ;  I  am  in  the  office 
reading  by  the  sound  of  my  magnet  in  the  dark. 
I  crawled  in  when  no  one  saw  me.  Morgan's 
men  are  here,  camped  on  Dr.  Gano's  place. 

GEORGETOWN. 

To  Georgetown :  Keep  cool ;  don't  be  discov 
ered.  About  how  many  rebels  are  there  ? 

LEXINGTON. 

To  Lexington  :  I  don't  know  ;  I  did  not  notice. 
As  Morgan's  operator  was  asking  me  about  my 
instruments,  I  told  him  I  sent  them  to  Lexing 
ton.  He  said  d — n  the  luck,  and  went  out. 

GEORGETOWN. 

To  Georgetown  :  Be  on  hand  and  keep  us  post 
ed.  LEXINGTON. 

To  Lexington :  I  will  do  so.  Tell  General 
Ward  I'll  stay  up  all  night  if  he  wishes. 

GEORGETOWN. 

To  Georgetown  :  Mr.  Fulton  wishes  to  know 
if  the  rebels  are  there.  CINCINNATI. 

To  Cincinnati :  Yes,  Morgan's  men  are  here. 

GEORGETOWN. 

To  Georgetown  :  How  can  you  be  in  the  office 
and  not  be  arrested  ?  CINCINNATI. 

To  Cincinnati :  Oh  !  I  am  in  the  dark,  and  am 
reading  by  the  sound  of  the  magnet. 

GEORGETOWN. 

This  settled  Cincinnati.  Question  after  ques 
tion  was  asked  me  about  the  rebels,  and  I  an 
swered  to  suit  myself. 

Things  had  been  going  on  this  way  about  two 
hours,  when  Lexington  asked  me  where  my  as 
sistant  was.  I  replied:  "Don't  know."  He  then 
asked  me :  "  Have  you  seen  him  to-day  ?"  I  re 
plied:  "No."  This  was  the  last  telegraphing  I 
could  do  in  Georgetown. 

I  then  called  on  Mr.  Smith,  the  operator,  who 
was  under  guard  in  my  room,  and  informed  him 
that  I  would  furnish  him  with  a  mule  in  the 
SUP.  Doc.  19 


morning,  and  should  be  pleased  to  have  him  ac 
company  me  to  Dixie,  as  I  understood  he  was  in 
the  employ  of  the  United  States  Government. 
This  was  any  thing  but  agreeable  to  him.  I 
thought  I  had  struck  the  young  man  in  the  right 
place,  and  remarked  that  had  he  not  sent  his  in 
struments  to  Lexington,  I  should  have  taken 
them  in  preference  to  his  person.  His  face  bright 
ened,  and  an  idea  struck  him  very  forcibly,  from 
which  he  made  a  proposition.  It  was  to  furnish 
me  the  instruments  if  I  would  release  him. 

This  I  agreed  to,  as  such  instruments  were  of 
much  more  value  to  the  Confederacy  than  Yankee 
telegraphers.  I  accompanied  him  to  the  servant's 
room,  and  there,  under  the  bed,  in  a  chest,  we 
found  the  instruments.  Mr.  Smith  having  given 
me  his  word  on  honor  that  he  would  not  leave 
town  for  the  next  twenty -four  hours,  he  was  set 
at  liberty  to  visit  his  wife  and  the  young  Smiths. 

On  arriving  at  Cynthiana,  I  found  that  the  op 
erator  had  skedaddled.  I  tested  the  wires  and 
found  no  fluid  from  either  Covington  or  Lexing 
ton,  nor  were  the  wires  in  working  ordt  r  when  I 
left  the  office  next  day. 

At  Paris  the  operator  had  made  a  clean  sweep. 
He  left  the  night  before,  taking  all  his  instru 
ments. 

At  Crab  Orchard  there  was  no  office,  and  I  had 
to  put  in  my  pocket  magnet,  which  I  did  at  elev 
en  A.M.  The  first  message  I  received  was  the 
following : 

LOUISVILLE,  July  21, 1862. 
To  Colonel  Wolford,  Danville  : 

Pursue  Morgan.  He  is  at  Crab  Orchard,  going 
to  Somerset.  BOYLE. 

No  sooner  had  the  Danville  operator  receipted 
for  this  than  the  operator  at  Lebanon  suggested 
the  following : 

To  Lebanon  Junction  :  Would  it  not  be  well 
for  Danville  and  offices  below  here  to  put  on  their 
ground-wires  when  they  send  or  receive  import 
ant  messages,  as  George  Ellsworth,  the  rebel  op 
erator,  may  be  on  the  line  between  here  and 
Cumberland  Gap?  LEBANON. 

The  operator  at  the  Junction  agreed  with  him, 
and  said  it  would  be  a  good  idea,  but  it  was  not 
carried  into  effect. 

We  arrived  at  Somerset  that  evening.  I  took 
charge  of  the  office.  I  ascertained  from  citizens 
that  it  had  been  closed  for  three  weeks,  up  to  the 
very  hour  that  our  advance-guard  arrived  in  town. 
It  was  just  opened  by  the  operator  from  Loudon, 
who  came  to  work  the  instruments  for  the  pur 
pose  of  catching  Morgan  ;  but  unfortunately  for 
Uncle  Sam,  the  operator  and  all  concerned,  he 
had  no  time  to  either  send  or  receive  a  message, 
but  he  had  it  in  fine  working  condition  for  me.  I 
had  been  in  the  office  for  some  time,  when  Stan 
ford  called  Somerset,  and  said  : 

"  I  have  just  returned  from  Crab  Orchard, 
where  I  have  been  to  fix  the  line.  The  rebels 
tore  it  down.  I  left  there  at  eight  o'clock.  The 
Ninth  Pennsylvania  cavalry  had  not  then  arrived. 
What  time  did  you  get  in  from  Loudon  ? 

STANFORD. 


802 


REBELLION  RECORD,  1862. 


To  Stanford  :  Just  arrived  and  got  my  office 
working  finely.  SOMERSET. 

To  Somerset :  Any  signs  of  Morgan  yet  ?  He 
left  Crab  Orchard  at  eleven-thirty  to-day. 

STANFORD. 

To  Stanford :  No  signs  of  him  as  yet. 

SOMERSET. 

To  Somerset :  For  fear  they  may  take  you  by 
Burprise^-l  would  suggest  we  have  a  private  sig 
nal.  What  say  you  y  STANFORD. 

To  Stanford :  Good.  Before  signing  we  will 
make  the  figure  7.  SOMERSET. 

This  was  mutually  agreed  upon. 

I  asked  when  Woolford  would  be  at  Somerset. 
He  said  Woolford  had  telegraphed  Boyle  that 
his  force  was  green  and  insufficient  to  attack 
Morgan. 

Seeing  there  was  no  use  of  my  losing  a  night's 
rest,  I  told  Stanford  I  would  retire ;  that  I  had 
made  arrangements  with  the  pickets  to  wake  me 
up  in  case  Morgan  came  in.  The  operator  at  Le 
banon  Junction  urged  me  to  sit  up,  but  I  declined 
on  the  ground  of  being  unwell.  This  did  not 
satisfy  him,  but  after  arguing  with  him  for  some 
time,  I  retired. 

July  22. — Opened  the  office  at  seven  o'clock 
A.M.  ;  informed  the  Stanford  operator  that  Mor 
gan  had  not  yet  arrived ;  made  inquiries  about 
different  things,  and  after  every  thing  in  the  town  j 
belonging  to  the  United  States  was  destroyed,  the  ] 
General  gave  me  a  few  messages  to  send — one  to  ; 
Prentice,  one  to  Gen.  Boyle,  and  one  to  Dunkp.  I 
They  are  hereto  annexed. 

I  then  telegraphed  home,  informing  my  rela- 
tives  of  my  whereabouts,  what  I  was  doing,  etc.  ! 
I  then  transmitted  the  General's  despatches  as 
follows : 

SOMERSET,  July  22, 1862. 
George  D.  Prentice,  Louisville: 

Good  morning,  George  D.  I  am  quietly  watch 
ing  the  complete  destruction  of  all  of  Uncle  Sam's  | 
property  in  this  little  burg.  I  regret  exceedingly  ! 
that  this  is  the  last  that  comes  under  my  super-  j 
vision  on  this  route.  I  expect  in  a  short  time  to 
pay  you  a  visit,  and  wish  to  know  if  you  will  be 
at  home. 

All  well  in  Dixie.  JOHN  H.  MORGAN. 

Commanding  Brigade. 

General  J.  T.  Boyle,  Louisville : 

Good  morning,  Jerry.  This  telegraph  is  a 
great  institution.  You  should  destroy  it.  as  it 
keeps  you  too  well  posted.  My  friend  Ells  wort  i. 
has  all  your  despatches  since  the  tenth  of  July 
on  file.  Do  you  wish  copies  ? 

JOHN  H.  MORGAN. 

Commanding  Brigade. 

Hon.  Geo.  W.  Dunlap,  Washington  City: 

Just  completed  my  tour  through  Kentucky — 
captured  seventeen  cities,  destroyed  millions  of 
dollars'  worth  of  United  States  property — passed 
through  your  county,  but  regret  not  seeing  you. 
We  paroled  fifteen  hundred  rebel  prisoners. 
Your  old  friend, 

JOHN  H.  MORGAN. 

Commanding  Brigade. 


HKADQPARTERS  TELEGRAPH  DEPARTMENT  OF  KKJCTUCKT,  ) 

CONFEDERATE  STATES  OF  AMERICA,  V 

GEORGETOWN,  KY  ,  July  16.      ) 

GENERAL  ORDER,  No.  1. 

When  an  operator  is  positively  informed  that 
the  enemy  is  marching  on  his  station,  he  will  im 
mediately  proceed  to  destroy  the  telegraph  in 
struments  and  all  material  in  his  charge.  Such 
instances  of  carelessness  as  were  exhibited  on  the 
part  of  the  operators  at  Lebanon,  Midway  and 
Georgetown,  will  be  severely  dealt  with. 

By  order  of  G.  A.  ELLSWORTH, 

Gen.  Mil.  Sup't.  C.  S.  Telegraph  Department. 


Doc.  51. 
THE  NEGROES  AT  PORT  ROYAL,  S.  0. 

REPORT  OP  THE  GOVERNMENT  AGENT. 

PORT  ROYAL,  February  3,  1862. 

To  the  Hon.  Salmon  P.  Chase,  Secretary  of  the 

Treasury  : 

DEAR  SIR  :  My  first  communication  to  you  was 
mailed  on  the  third  day  after  my  arrival.  The 
same  day  I  mailed  two  letters  to  benevolent  per 
sons  in  Boston,  mentioned  in  my  previous  com 
munications  to  you,  asking  for  contributions  of 
clothing,  and  for  a  teacher  or  missionary  to  be 
sent,  to  be  supported  by  the  charity  of  those  in 
terested  in  the  movement,  to  both  of  which  favor 
able  answers  have  been  received.  The  same  day 
I  commenced  a  tour  of  the  larger  islands,  and 
ever  since  have  been  diligently  engaged  in  anx 
ious  examination  of  the  modes  of  culture  —  the 
amount  and  proportions  of  the  products  —  the 
labor  required  for  them — the  life  and  disposition 
of  the  laborers  upon  them — their  estimated  num 
bers —  the  treatment  they  have  received  from 
their  former  masters,  both  as  to  the  labor  re 
quired,  the  provisions  and  clothing  allowed,  and 
the  discipline  imposed — their  habits,  capacities, 
and  desires,  with  special  reference  to  their  being 
fitted  for  useful  citizenship — and  generally  what 
ever  concerned  the  well-being,  present  and  future, 
of  the  territory  and  its  people.  Visits  have  also 
been  made  to  the  communities  collected  at  Hilton 
Head  and  Beaufort,  and  conferences  held  with 
the  authorities,  both  naval  and  military,  and 
other  benevolent  persons  interested  in  the  wel 
fare  of  these  people,  and  the  wise  and  speedy  re 
organization  of  society  here.  No  one  can  be  im 
pressed  more  than  myself  with  the  uncertainty 
of  conclusions  drawn  from  experiences  and  re 
flections  gathered  in  so  brief  a  period,  however 
industriously  and  wisely  occupied.  Neverthe 
less,  they  may  be  of  some  service  to  those  who 
have  not  been  privileged  with  an  equal  oppor 
tunity. 

Of  the  plantations  visited,  full  notes  have  been 
taken  of  seventeen,  with  reference  to  number  of 
negroes  in  all ;  of  field-hands  ;  amount  of  cotton 
and  corn  raised,  and  how  much  per  acre ;  time 
and  mode  of  producing  and  distributing  manure ; 
listing,  planting,  cultivating,  picking,  and  ginning 
cotton  ;  labor  required  of  each  hand  ;  allowance 
of  food  and  clothing  ;  the  capacities  of  the  labor- 


DOCUMENTS. 


303 


ers  ;  their  wishes  and  feelings,  both  as  to  them 
selves  and  their  masters.  Many  of  the  above 
points  could  be  determined  by  other  sources, 
such  as  persons  at  the  North  familiar  with  the 
region,  and  publications.  The  inquiries  were, 
however,  made  with  the  double  purpose  of  ac 
quiring  the  information  and  testing  the  capacity 
of  the  persons  inquired  of.  Some  of  the  leading 
results  of  the  examination  will  now  be  submitted. 
An  estimate  of  the  number  of  plantations  open 
to  cultivation,  and  of  the  persons  upon  the  terri 
tory  protected  by  the  forces  of  the  United  States, 
if  only  approximate  to  the  truth,  may  prove  con 
venient  in  providing  a  proper  system  of  adminis 
tration.  The  following  islands  are  thus  protected, 
and  the  estimated  number  of  plantations  upon 
each  is  given : 

Port  Royal, 65 

Ladies', 30 

Paris,  including  Horse, 6 

Cat, 1 

Cane, 1 

Dathaw, 4 

Coosaw, 2 

Morgan, 2 

St.  Helena, 50 

Hilton  Head, 16 

Pinckney, 5 

Bull,  including  Barratria, 2 

Daufuskie, 5 

Hutchinson  and  Fenwick, 6 


Or  about  two  hundred  in  all. 


195 


There  are  several  other  islands  thus  protected, 
without  plantations,  as  Otter,  Pritchard,  Fripp, 
Hunting,  and  Phillips.  Lemon  and  Daw  have 
not  been  explored  by  the  agents  engaged  in  col 
lecting  cotton. 

The  populous  island  of  Edisto  lying  in  the  di 
rection  of  Charleston,  and  giving  the  name  to 
the  finest  cotton,  is  still  visited  by  the  rebels. 
A  part  near  Botany  Bay  Island  is  commanded  by 
the  guns  of  one  of  our  war  vessels,  under  which 
a  colony  of  one  thousand  negroes  sought  protec 
tion,  where  they  have  been  temporarily  subsisted 
from  its  stores.  The  number  has  within  a  few 
days  been  stated  to  have  increased  to  two  thou 
sand  three  hundred.  Among  these  great  desti 
tution  is  said  to  prevail.  Even  to  this  number, 
as  the  negroes  acquire  confidence  in  us,  large  ad 
ditions  are  likely  every  week  to  be  made.  The 
whole  island  can  be  safely  farmed  as  soon  as 
troops  can  be  spared  for  the  purpose  of  occupa 
tion.  But  not  counting  the  plantations  of  this 
island,  the  number  on  Port  Royal,  Ladies',  St 
Helena,  Hilton  Head,  and  the  smaller  islands, 
may  be  estimated  at  two  hundred. 

In  visiting  the  plantations,  I  endeavored  to  as 
certain  with  substantial  accuracy  the  number  of 
persons  upon  them,  without,  however,  expecting 
to  determine  the  precise  number.  On  that  of 
Thomas  Aston  Coffin,  at  Coffin  Point,  St.  He 
lena,  there  were  two  hundred  and  sixty,  the  lar 


gest  found  on  any  one  visited.  There  were  one 
hundred  and  thirty  on  that  of  Dr.  J.  W  Jenkins, 
one  hundred  and  twenty  on  that  of  the  Eustia 
estate,  and  on  the  others  from  eighty  to  thir 
ty-eight,  making  an  average  of  eighty-one  to  a 
plantation.  These,  however,  may  be  ranked 
along  the  best  peopled  plantations,  and  forty  to 
each  may  be  considered  a  fair  average.  From 
these  estimates  there  results  a  population  of  eight 
thousand  negroes  on  the  islands  now  safely  pro 
tected  by  our  forces. 

Of  the  six  hundred  at  the  camp  at  Hilton 
Head,  about  one  half  should  be  counted  with  the 
aforesaid  plantations  whence  they  have  come. 
Of  the  six  hundred  at  Beaufort,  one  third  should 
also  be  reckoned  with  the  plantations.  The  other 
fraction  in  each  case  should  be  added  to  the  eight 
thousand  in  computing  the  population  now  thrown 
on  our  protection. 

The  negroes  on  Ladies'  and  St.  Helena  Islands, 
have  quite  generally  remained  on  their  respective 
plantations,  or  if  absent,  but  temporarily,  visiting 
wives  or  relatives.  The  dispersion  on  Port  Royal 
and  Hilton  Head  Islands  has  been  far  greater, 
the  people  of  the  former  going  to  Beaufort  in  con 
siderable  numbers,  and  of  the  latter  to  the  camp 
at  Hilton  Head. 

Counting  the  negroes  who  have  gone  to  Hilton 
Head  and  Beaufort  from  places  now  protected  by 
our  forces  as  still  attached  to  the  plantations,  and 
to  that  extent  not  swelling  the  eight  thousand  on 
plantations,  but  adding  thereto  the  usual  negro 
population  of  Beaufort,  as  also  the  negroes  who 
have  fled  to  Beaufort  and  Hilton  Head  from  places 
not  yet  occupied  by  our  forces,  and  adding  also 
the  colony  at  Edisto,  and  we  must  now  have 
thrown  upon  our  hands,  for  whose  present  and 
future  we  must  provide,  from  ten  thousand  to 
twelve  thousand  persons  —  probably  nearer  the 
latter  than  the  former  number.  This  number  is 
rapidly  increasing.  This  week,  forty-eight  es 
caped  from  a  single  plantation  near  Grahamville, 
on  the  main  land,  held  by  the  rebels,  led  by  the 
driver,  and  after  four  days  of  trial  and  peril,  hid 
den  by  day  and  threading  the  waters  with  their 
boats  by  night,  evading  the  enemy's  pickets,  joy 
fully  entered  our  camp  at  Hilton  Head.  The  ac 
cessions  at  Edisto  are  in  larger  number,  and  ac 
cording  to  the  most  reasonable  estimates,  it  would 
only  require  small  advances  by  our  troops,  not 
involving  a  general  engagement  or  even  loss  of 
life,  to  double  the  number  which  would  be  brought 
within  our  lines. 

A  fact  derived  from  the  census  of  1860  may 
serve  to  illustrate  the  responsibility  now  devolv 
ing  on  the  Government.  This  county  of  Beaufort 
had  a  population  of  slaves  in  proportion  of  82-,85 
of  the  whole — a  proportion  only  exceeded  by 
seven  other  counties  in  the  United  States,  name 
ly,  one  in  South-Carolina,  that  of  Georgetown  ; 
three  in  Mississippi,  those  of  Bolivar,  Washing 
ton,  and  Issequena ;  and  three  in  Louisiana,  those 
of  Madison,  Tensas,  and  Concordia. 

An  impression  prevails  that  the  negroes  here 
have  been  less  cared  for  than  in  most  other  rebel 
districts.  If  this  be  so,  and  a  beneficent  reform 


304 


REBELLION  RECORD,  1862. 


shall  be  achieved  here,  the  experiment  may  any 
where  else  be  hopefully  attempted. 

The  former  white  population,  so  far  as  can  be 
ascertained,  are  rebels,  with  one  or  two  excep 
tions.  In  January,  1861,  a  meeting  of  the  plan 
ters  on  St.  Helena  Island  was  held,  of  which 
Thomas  Aston  Coffin  was  chairman.  A  vote  was 
passed,  stating  its  exposed  condition,  and  offer 
ing  their  slaves  to  the  Governor  of  South-Caro 
lina,  to  aid  in  building  earth  works,  and  calling 
on  him  for  guns  to  mount  upon  them.  A  copy  of 
the  vote,  probably  in  his  own  handwriting,  and 
signed  by  Mr.  Coffin,  was  found  in  his  house. 

It  is  worthy  of  note  that  the  negroes  now  with 
in  our  lines  are  there  by  the  invitation  of  no  one  ; 
but  they  were  on  the  soil  when  our  army  began 
its  occupation,  and  could  not  have  been  excluded, 
except  by  violent  transportation.  A  small  pro 
portion  have  come  in  from  the  main  land,  evading 
the  pickets  of  the  enemy  and  our  own,  something 
easily  done  in  an  extensive  country,  with  whose 
woods  and  creeks  they  are  familiar. 

The  only  exportable  crop  of  this  region  is  the 
Jong  staple  Sea  Island  cotton,  raised  with  more 
difficulty  than  the  coarser  kind,  and  bringing  a 
higher  price.  The  agents  of  the  Treasury  De 
partment  expect  to  gather  some  two  million  five 
hundred  thousand  pounds  of  ginned  cotton  the 
present  year,  nearly  all  of  which  had  been  picked 
and  stored  before  the  arrival  of  our  forces.  Con 
siderable  quantities  have  not  been  picked  at  all, 
but  the  crop  for  this  season  was  unusually  good. 
Potatoes  and  corn  are  raised  only  for  consumption 
on  the  plantations — corn  being  raised  at  the  rate 
of  only  twenty-five  bushels  per  acre. 

Such  features  in  plantation  life  as  will  throw 
light  on  the  social  questions  now  anxiously 
weighed  deserve  notice. 

In  this  region,  the  master,  if  a  man  of  wealth, 
is  more  likely  to  have  his  main  residence  at  Beau 
fort,  sometimes  having  none  on  the  plantation, 
but  having  one  for  the  driver,  who  is  always  a 
negro.  He  may,  however,  have  one,  and  an  ex 
pensive  one,  too,  as  in  the  case  of  Dr.  Jenkins,  at 
St.  Helena,  and  yet  pass  most  of  his  time  at  Beau 
fort,  or  at  the  North.  The  plantation  in  such 
cases  is  left  almost  wholly  under  the  charge  of 
an  overseer.  In  some  cases  there  is  not  even  a 
house  for  an  overseer,  the  plantation  being  super 
intended  by  the  driver,  and  being  visited  by  the 
overseer  living  on  another  plantation  belonging  to 
the  same  owner.  The  houses  for  the  overseers 
are  of  an  undesirable  character.  Orchards  of 
orange  or  fig-trees  are  usually  planted  near  them. 

The  field-hands  are  generally  quartered  at  some 
distance — eighty  or  one  hundred  rods — from  the 
overseer's  or  master's  house,  and  are  ranged  in  a 
row,  sometimes  in  two  rows,  fronting  each  other. 
They  are  sixteen  feet  by  twelve,  each  appropriated 
to  a  family,  and  in  some  cases  divided  with  a 
partition.  They  numbered,  on  the  plantations 
visited,  from  ten  to  twenty,  and  on  the  Coffin 
plantation  they  are  double,  numbering  twenty- 
three  double  houses,  intended  for  forty-six  fami 
lies.  The  yards  seemed  to  swarm  with  children, 
the  negroes  coupling  at  an  early  age. 


Except  on  Sundays,  these  people  do  not  take 
their  meals  at  a  family  table,  but  each  one  takes 
his  hominy,  bread,  or  potatoes,  sitting  on  the 
floor  or  a  bench,  and  at  his  own  time.  They  say 
their  masters  never  allowed  them  any  regular 
time  for  meals.  Whoever,  under  our  new  system, 
is  charged  with  their  superintendence  should  see 
that  they  attend  more  to  the  cleanliness  of  their 
persons  and  houses,  and  that,  as  in  families  of 
white  people,  they  take  their  meals  together  at  a 
table — habits  to  which  they  will  be  more  dis 
posed  when  they  are  provided  with  another  change 
of  clothing,  and  when  better  food  is  furnished 
and  a  proper  hour  assigned  for  meals. 

Upon  each  plantation  visited  by  me,  familiar 
conversations  were  had  with  several  laborers, 
more  or  less  extended  as  time  permitted  —  some 
times  inquiries  made  of  them,  as  they  collected  in 
groups,  as  to  what  they  desired  us  to  do  with  and 
for  them,  with  advice  as  to  the  course  of  sobriety 
and  industry  which  it  was  for  their  interest  to 
pursue  under  the  new  and  strange  circumstances 
in  which  they  were  now  placed.  Inquiries  as  to 
plantation  economy,  the  culture  of  crops,  the  im 
plements  still  remaining,  the  number  of  persons 
in  all,  and  of  field-hands,  and  the  rations  issued, 
were  made  of  the  drivers,  as  the}''  are  called,  an 
swering  as  nearly  as  the  two  different  systems  of 
labor  will  permit  to  foremen  on  farms  in  the  free 
States.  There  is  one  on  each  plantation— on  the 
largest  one  visited,  two.  They  still  remained  on 
each  visited,  and  their  names  were  noted.  The 
business  of  the  driver  was  to  superintend  the 
field-hands  generally,  and  see  that  their  tasks 
were  performed  fully  and  properly.  He  con 
trolled  them,  subject  to  the  master  or  overseer. 
He  dealt  out  the  rations.  Another  office  belonged 
to  him ;  he  was  required  by  the  master  or  over 
seer,  whenever  he  saw  fit,  to  inflict  corporal  pun 
ishment  upon  the  laborers  ;  nor  was  he  relieved 
from  this  office  when  the  subject  of  discipline  was 
his  wife  or  children.  In  the  absence  of  the  mas 
ter  and  overseer,  he  succeeded  to  much  of  their 
authority.  As  indicating  his  position  of  conse 
quence,  he  was  privileged  with  four  suits  of  cloth - 
ng  a  year,  while  only  two  were  allowed  to  the 
aborers  under  him.  It  is  evident,  from  some  of 
;he  duties  assigned  to  him,  that  he  must  have 
been  a  person  of  considerable  judgment  and  know 
ledge  of  plantation  economy,  not  differing  essen 
tially  from  that  required  of  the  foreman  of  a  farm 
n  the  free  States.  He  may  be  presumed  to  have 
vnown,  in  many  cases,  quite  as  much  about  the 
matters  with  which  he  was  charged  as  the  owner 
of  the  plantation,  who  often  passed  but  a  frac 
tional  part  of  his  time  upon  it. 

The  driver,  notwithstanding  the  dispersion  of 
other  laborers,  quite  generally  remains  on  the 
plantation,  as  alread}^  stated.  He  still  holds  the 
ceys  of  the  granary,  dealing  out  the  rations  of 
bod,  and  with  the  same  sense  of  responsibility  as 
3efore.  In  one  case  I  found  him  in  a  controversy 
with  a  laborer,  to  whom  he  was  refusing  his  peck 
of  corn,  because  of  absence  with  his  wife  on  an 
other  plantation  when  the  corn  was  gathered — it 
being  gathered  since  the  arrival  of  our  army. 


DOCUMENTS. 


301 


The  laborer  protested  warmly  that  he  had  helped 
to  plant  and  hoe  the  corn,  and  was  only  absent 
as  charged  because  of  sickness.  The  driver  ap 
pealed  to  me,  as  the  only  white  man  near,  ant 
learning  from  other  laborers  that  the  laborer  was 
sick  at  the  time  of  gathering,  I  advised  the  driver 
to  give  him  his  peck  of  corn,  which  he  did  ac 
cordingly.  The  fact  is  noted  as  indicating  the 
present  'relation  of  the  driver  to  the  plantation, 
where  he  still  retains  something  of  his  former 
authority. 

This  authority  is,  however,  very  essentially  di 
minished.  The  main  reason  is,  as  he  will  assure 
you,  that  he  has  now  no  white  man  to  back  him 
Other  reasons  may,  however,  concur.  A  class 
of  laborers  are  generally  disposed  to  be  jealous 
of  one  of  their  own  number  promoted  to  be  over 
them,  and  accordingly  some  negroes,  evidently 
moved  by  this  feeling,  will  tell  you  that  the 
drivers  ought  now  to  work  as  field-hands,  and 
some  field-hands  be  drivers  in  their  place.  The 
driver  has  also  been  required  to  report  delin 
quencies  to  the  master  or  overseer,  and  upon 
their  order  to  inflict  corporal  punishment.  The 
laborers  will,  in  some  cases,  say  that  he  has  been 
harder  than  he  need  to  have  been,  while  he  will 
say  that  he  did  only  what  he  was  forced  to  do. 
The  complainants  who  have  suffered  under  the 
lash  may  be  pardoned  for  not  being  sufficiently 
charitable  to  him  who  has  unwillingly  inflicted  it, 
while,  on  the  other  hand,  he  has  been  placed  in  a 
dangerous  position,  where  a  hard  nature,  or  self- 
interest,  or  dislike  for  the  victim,  might  have 
tempted  him  to  be  more  cruel  than  his  position 
required.  The  truth,  in  proportions  impossible 
for  us  in  many  cases  to  fix,  may  lie  with  both 
parties.  I  am,  on  the  whole,  inclined  to  believe 
that  the  past  position  of  the  driver  and  his  valu 
able  knowledge,  both  of  the  plantations  and  the 
laborers,  when  properly  advised  and  controlled, 
may  be  made  available  in  securing  the  productive 
ness  of  the  plantations  and  the  good  of  the  labor 
ers.  It  should  be  added  that,  in  all  cases,  the 
drivers  were  found  very  ready  to  answer  inquiries 
and  communicate  information,  and  seemed  de 
sirous  that  the  work  of  the  season  should  be 
commenced. 

There  are  also  on  the  plantations  other  laborers, 
more  intelligent  than  the  average,  such  as  the 
carpenter,  the  ploughman,  the  religious  leader, 
who  may  be  called  a  preacher,  a  watchman,  or  a 
helper  —  the  two  latter  being  recognized  officers 
in  the  churches  of  these  people,  and  the  helpers 
being  aids  to  the  watchman.  These  persons, 
having  recognized  positions  among  their  fellows, 
either  by  virtue  of  superior  knowledge  or  devo 
tion,  when  properly  approached  by  us  may  be 
expected  to  have  a  beneficial  influence  on  the 
more  ignorant,  and  help  to  create  that  public 
opinion  in  favor  of  good  conduct  which,  among 
the  humblest  as  among  the  highest,  is  most  use 
ful.  I  saw  many  of  very  low  intellectual  devel 
opment,  but  hardly  any  too  low  to  be  reached  by 
civilizing  influences,  either  coming  directly  from 
us  or  mediately  through  their  brethren.  And 
wiiile  I  saw  some  who  were  sadly  degraded,  I  met 


also  others  who  were  as  fine  specimens  of  human 
nature  as  one  can  ever  expect  to  find. 

Besides  attendance  on  churches  on  Sundays, 
there  are  evening  prayer-meetings  on  the  planta 
tions  as  often  as  once  or  twice  a  week,  occupied 
with  praying,  singing,  and  exhortations.  In  some 
cases  the  leader  can  read  a  hymn,  having  picked 
up  his  knowledge  clandestinely,  either  from  other 
negroes  or  from  white  .children.  Of  the  adults, 
about  one  half,  at  least,  are  members  of  churches, 
generally  the  Baptist,  although  other  denomina 
tions  have  communicants  among  them.  In  the 
Baptist  church,  on  St.  Helena  Island,  which  I  vis 
ited  on  the  twenty-second  of  Januarj^  there  were 
a  few  pews  for  the  proportionally  small  number 
of  white  attendants,  and  the  much  larger  space 
was  devoted  to  benches  for  colored  people.  On 
one  plantation  there  is  a  negro  chapel,  well  adapt 
ed  for  the  purpose,  built  by  the  proprietor,  the 
late  Mrs.  Eustis.  whose  memory  is  cherished  by 
the  negroes,  and  some  of  whose  sons  are  now 
loyal  citizens  of  Massachusetts.  I  have  heard 
among  the  negroes  scarcely  any  profane  swearing 
— not  more  than  twice— a  striking  contrast  with 
my  experience  among  soldiers  in  the  army. 

It  seemed  a  part  of  my  duty  to  attend  some  of 
the  religious  meetings  of  these  people  and  learn 
further  about  them  what  could  be  derived  from 
such  a  source.  Their  exhortations  to  personal 
piety  were  fervent,  and  though  their  language 
was  many  times  confused,  at  least  to  my  ear,  oc 
casionally  an  important  instruction  or  a  felicitous 
expression  could  be  recognized.  In  one  case,  a 
preacher  of  their  own,  commenting  on  the  text, 
"  Blessed  are  the  meek,"  exhorted  his  brethren 
not  to  be  "  stout-minded."  Qf\  one  plantation  on 
Ladies'  Island,  where  some  thirty  negroes  were 
gathered  in  the  evening,  I  read  passages  of  Scrip 
ture,  and  pressed  on  them  their  practical  duties 
at  the  present  time  with  reference  to  the  good  of 
themselves,  their  children,  and  their  people.  The 
passages  read  were  the  first  and  twenty-third 
Psalms  ;  the  sixty-first  chapter  of  Isaiah,  verses 
one  to  four ;  the  Beatitudes  in  the  fifth  chapter 
of  Matthew ;  the  fourteenth  chapter  of  John'g 
~ospel,  and  the  fifth  chapter  of  the  Epistle  of 
James.  In  substance  I  told  them  that  their  mas 
ters  had  rebelled  against  the  Government,  and  we 
had  come  to  put  down  the  rebellion  ;  that  we  had 
now  met  them,  and  wanted  to  see  what  was  best 
to  do  for  them ;  that  Mr.  Lincoln,  the  President 
or  Great  Man  at  Washington,  had  the  whole  mat 
ter  in  charge,  and  was  thinking  what  he  could  do 
:br  them  ;  that  the  great  trouble  about  doing  any 
thing  for  them  was  that  their  masters  had  always 

d  us,  and  had  made  many  people  believe,  that 
they  were  lazy,  and  would  not  work  unless  whip 
ped  to  it;  that  Mr.  Lincoln  had  sent  us  down 
lere  to  see  if  it  was  so  ;  that  what  they  did  was 
reported  to  him,  or  to  men  who  would  tell  him ; 
;hat  where  I  came  from  all  were  free,  both  white 
and  black ;  that  we  did  not  sell  children  or  sep 
arate  man  and  wife,  but  all  had  to  work ;  that  if 
they  were  to  be  free,  they  would  have  to  work, 
and  would  be  shut  up  or  deprived  of  privileges  if 
hey  did  not ;  that  this  was  a  critical  hour  with 


306 


REBELLION  RECORD.  1862. 


them,  and  if  they  did  not  behave  well  now  and 
respect  our  agents  and  appear  willing  to  work, 
Mr.  Lincoln  would  give  up  trying  to  do  any  thing 
for  them,  and  they  must  give  up  all  hope  of  any 
thing  better,  and  their  children  and  grandchild 
ren  a  hundred  years  hence  would  be  worse  off 
than  they  had  been.  I  told  them  they  must  stick 
to  their  plantations  and  not  run  about  and  get 
scattered,  and  assured  them  that  what  their  mas 
ters  had  told  them  of  our  intention  to  carry  them 
off  to  Cuba  and  sell  them  was  a  lie,  and  their 
masters  knew  it  to  be  so,  and  we  wanted  them 
to  stay  on  the  plantations  and  raise  cotton,  and  if 
they  behaved  well,  they  should  have  wages  — 
small,  perhaps,  at  first ;  that  they  should  have 
better  food,  and  not  have  their  wives  and  child 
ren  sold  off ;  that  their  children  should  be  taught 
to  read  and  write,  for  which  they  might  be  will 
ing  to  pay  something ;  that  by  and  by  they  would 
be  as  well  off  as  the  white  people,  and  we  would 
stand  by  them  against  their  masters  ever  coming 
back  to  take  them.  The  importance  of  exerting 
a  good  influence  on  each  other,  particularly  on 
the  young  men,  who  were  rather  careless  and 
roving,  was  urged,  as  all  would  suffer  in  good  re 
pute  from  the  bad  deeds  of  a  few.  At  Hilton 
Head,  where  I  spoke  to  a  meeting  of  two  hundred, 
and  there  were  facts  calling  for  the  counsel,  the 
women  were  urged  to  keep  away  from  the  bad 
white  men,  who  would  ruin  them.  Remarks  of 
a  like  character  were  made  familiarly  on  the  plan 
tations  to  such  groups  as  gathered  about.  At 
the  Hilton  Head  meeting,  a  good-looking  man, 
who  had  escaped  from  the  southern  part  of  Barn- 
well  District,  rose  and  said,  with  much  feeling, 
that  he  and  many  others  should  do  all  they  could 
by  good  conduct  to  prove  what  their  masters  said 
against  them  to  be  false,  and  to  make  Mr.  Lincoln 
think  better  things  of  them.  After  the  meeting 
closed,  he  desired  to  know  if  Mr.  Lincoln  was 
coming  down  here  to  see  them,  and  he  wanted 
me  to  give  Mr.  Lincoln  his  compliments,  with  his 
name,  assuring  the  President  that  he  would  do 
all  he  could  for  him.  The  message  was  a  little 
amusing,  but  it  testified  to  the  earnestness  of  the 
simple-hearted  man.  He  had  known  Dr.  Bris 
bane,  who  had  been  compelled  some  years  since 
to  leave  the  South  because  of  his  sympathy  for 
slaves.  The  name  of  Mr.  Lincoln  was  used  in 
addressing  them,  as  more  likely  to  impress  them 
than  the  abstract  idea  of  government. 

It  is  important  to  add  that  in  no  case  have  I 
attempted  to  excite  them  by  insurrectionary  ap 
peals  against  their  former  masters,  feeling  that 
such  a  course  might  increase  the  trouble  of  or 
ganizing  them  into  a  peaceful  and  improving 
system,  under  a  just  and  healthful  temporary  dis 
cipline  ;  and  besides,  that  it  is  a  dangerous  expe 
riment  to  attempt  the  improvement  of  a  class  of 
men  by  appealing  to  their  coarser  nature.  The 
better  course  toward  making  them  our  faithful 
allies,  and  therefore  the  constant  enemies  of  the 
rebels,  seemed  to  be  to  place  before  them  the 
good  things  to  be  done  for  them  and  their  child 
ren,  and  sometimes  reading  passages  of  Scripture 
appropriate  to  their  lot,  without,  however,  note 


or  comment,  never  heard  before  by  them,  or  heard 
only  when  wrested  from  their  just  interpretation  ; 
such,  for  instance,  as  the  last  chapter  of  St. 
James's  Epistle,  and  the  Glad  Tidings  of  Isaiah : 
"  I  have  come  to  preach  deliverance  to  the  cap 
tive."  Thus  treated  and  thus  educated,  they  may 
be  hoped  to  become  useful  coadjutors,  and  the 
unconquerable  foes  of  the  fugitive  rebels. 

There  are  some  vices  charged  upon  these  people 
which  deserve  examination.  Notwithstanding 
their  religious  professions,  in  some  cases  more 
emotional  than  practical,  the  marriage  relation,  or 
what  answers  for  it,  is  not,  in  many  instances, 
held  very  sacred  by  them.  The  men,  it  is  said, 
sometimes  leave  one  wife  and  take  another,— 
something  likely  to  happen  in  any  society  where 
it  is  permitted  or  not  forbidden  by  a  stern  public 
opinion,  and  far  more  likely  to  happen  under  laws 
which  do  not  recognize  marriage,  and  dissolve 
what  answers  for  it  by  forced  separations,  dictat 
ed  by  the  mere  pecuniary  interest  of  others.  The 
women,  it  is  said,  are  easily  persuaded  by  white 
men,  —  a  facility  readily  accounted  for  by  the 
power  of  the  master  over  them,  whose  solicita 
tion  was  equivalent  to  a  command,  and  against 
which  the  husband  or  father  was  powerless  to 
protect,  and  increased  also  by  the  degraded  con 
dition  in  which  they  have  been  placed,  where 
they  have  been  apt  to  regard  what  ought  to  be  a 
disgrace  as  a  compliment,  when  they  were  ap 
proached  by  a  paramour  of  superior  condition  and 
race.  Yet  often  the  dishonor  is  felt,  and  the  wo 
man,  on  whose  several  children  her  master's  fea 
tures  are  impressed,  and  through  whose  veins  his 
blood  flows,  has  sadly  confessed  it  with  an  in 
stinctive  blush.  The  grounds  of  this  charge,  so 
far  as  they  may  exist,  will  be  removed,  as  much 
as  in  communities  of  our  own  race,  by  a  system 
which  shall  recognize  and  enforce  the  marriage 
relation  among  them,  protect  them  against  the 
solicitations  of  white  men  as  much  as  law  can, 
still  more  by  putting  them  in  relations  where  they 

11  be  inspired  with  self-respect  and  a  conscious 
ness  of  their  rights,  and  taught  by  a  pure  and 
plain-spoken  Christianity. 

In  relation  to  the  veracity  of  these  people,  so 
far  as  my  relations  with  them  have  extended,  they 
have  appeared,  as  a  class,  to  intend  to  tell  the 
truth.  Their  manner,  as  much  as  among  white 
men,  bore  instinctive  evidence  of  this  intention. 
Their  answers  to  inquiries  relative  to  the  man 
agement  of  the  plantations  have  a  general  concur 
rence.  They  make  no  universal  charges  of  cruelty 
against  their  masters.  They  will  say,  in  some 
cases,  that  their  own  was  a  very  kind  one,  but 
another  one  in  that  neighborhood  was  cruel.  On 
St.  Helena  Island  they  spoke  kindly  of  "  the  good 
William  Fripp,"  as  they  called  him,  and  of  Dr. 
Clarence  Fripp ;  but  they  all  denounced  the 
cruelty  of  Alvira  Fripp,  recounting  his  inhuman 
treatment  of  both  men  and  women.  Another 
concurrence  is  worthy  of  note.  On  the  planta 
tions  visited,  it  appeared  from  the  statements  of 
;he  laborers  themselves,  that  there  were,  on  an 
average,  about  one  hundred  and  thirty-three 
pounds  of  cotton  produced  to  the  acre,  and  fh« 


DOCUMENTS. 


307 


acres  of  cotton  and  corn  cultivated  to  a  hand,  the 
culture  of  potatoes  not  being  noted.  An  article 
of  the  American  Agriculturist,  published  in 
Turner's  Cotton  Manual,  pages  132,  133,  relative 
to  the  culture  of  Sea  Island  Cotton  on  the  plan 
tation  of  John  H.  Townsend,  states  that  the  land 
is  cultivated  in  the  proportion  of  seven  twelfths 
cotton,  three  twelfths  corn,  and  two  twelfths  po 
tatoes — in  all,  less  than  six  acres  to  a  hand — and 
the  average  yield  of  cotton  per  acre  is  one  hun 
dred  and  thirty-five  pounds.  I  did  not  take  the 
statistics  of  the  culture  of  potatoes,  but  about  five 
acres  are  planted  with  them  on  the  smaller  plan 
tations,  and  twenty,  or  even  thirty,  on  the  larger ; 
and  the  average  amount  of  land  to  each  hand, 
planted  with  potatoes,  should  be  added  to  the 
five  acres  of  cotton  and  corn,  and  thus  results  not 
differing  substantially  are  reached  in  both  cases. 
Thus  the  standard  publications  attest  the  verac 
ity  and  accuracy  of  these  laborers. 

Again,  there  can  be  no  more  delicate  and  re 
sponsible  position,  involving  honesty  and  skill, 
than  that  of  pilot.  For  this  purpose,  these  people 
are  every  day  employed  to  aid  our  military  and 
naval  operations  in  navigating  these  sinuous  chan 
nels.  They  were  used  in  the  recent  reconnoissance 
in  the  direction  of  Savannah  ;  and  the  success  of 
the  affair  at  Port  Royal  Ferry  depended  on  the 
fidelity  of  a  pilot,  William,  without  the  aid  of 
whom,  or  of  one  like  him,  it  could  not  have  been 
undertaken.  Further  information  on  this  point 
may  be  obtained  of  the  proper  authorities  here. 
These  services  are  not,  it  is  true,  in  all  respects, 
illustrative  of  the  quality  of  veracity,  but  they 
involve  kindred  virtues  not  likely  to  exist  with 
out  it. 

It  is  proper,  however,  to  state  that  expressions 
are  sometimes  heard  from  persons  who  have  not 
considered  these  people  thoughtfully,  to  the  effect 
that  their  word  is  not  to  be  trusted,  and  these 
persons,  nevertheless,  do  trust  them,  and  act  upon 
their  statements.  There  may,  however,  be  some 
color  for  such  expressions.  These  laborers,  like 
all  ignorant  people,  have  an  ill-regulated  reason, 
too  much  under  the  control  of  the  imagination. 
Therefore,  when  they  report  the  number  of  sol 
diers,  or  relate  facts  where  there  is  room  for  con 
jecture,  they  are  likely  to  be  extravagant,  and 
you  must  scrutinize  their  reports.  Still,  except 
among  the  thoroughly  dishonest, —  no  more  nu 
merous  among  them  than  in  other  races, —  there 
will  be  found  a  colorable  basis  for  their  state 
ments,  enough  to  show  their  honest  intention  to 
speak  truly. 

It  is  true  also  that  you  will  find  them  too  will 
ing  to  express  feelings  which  will  please  you. 
This  is  most  natural.  All  races,  as  well  as  all 
animals,  have  their  appropriate  means  of  self-de 
fence,  and  where  the  power  to  use  physical  force 
to  defend  one's  self  is  taken  away,  the  weaker 
animal,  or  man,  or  race,  resorts  to  cunning  and 
duplicity.  Whatever  habits  of  this  kind  may  ap 
pear  in  these  people  are  directly  traceable  to  the 
well-known  features  of  their  past  condition,  with 
out  involving  any  essential  proneness  to  decep 
tion  in  the  race,  further  than  may  be  ascribed  to 


human  nature.  Upon  this  point,  special  inquiries 
have  been  made  of  the  Superintendent  at  Hilton 
Head,  who  is  brought  in  direct  daily  association 
with  them,  and  whose  testimony,  truthful  as  he 
is,  is  worth  far  more  than  that  of  those  who  have 
had  less  nice  opportunities  of  observation,  and 
Mr.  Lee  certifies  to  the  results  here  presented. 

Upon  the  question  of  the  disposition  of  these 
people  to  work,  there  are  different  reports,  varied 
somewhat  by  the  impression  an  idle  or  an  indus 
trious  laborer,  brought  into  immediate  relation 
with  the  witness,  may  have  made  on  the  mind. 
In  conversations  with  them,  they  uniformly  an 
swered  to  assurances  that  if  free  they  must  work, 
"  Yes,  massa,  we  must  work  to  live ;  that's  the 
law  ;"  and  expressing  an  anxiety  that  the  work 
of  the  plantations  was  not  going  on.  At  Hilton 
Head,  they  are  ready  to  do  for  Mr.  Lee,  the  judi 
cious  Superintendent,  whatever  is  desired.  Hard 
words  and  epithets  are,  however,  of  no  use  in 
managing  them,  and  other  parties  for  whose  ser 
vice  they  are  specially  detailed,  who  do  not  un 
derstand  or  treat  them  properly,  find  some  trouble 
in  making  their  labor  available,  as  might  natur 
ally  be  expected.  In  collecting  cotton,  it  is  some 
times,  as  I  am  told,  difficult  to  get  them  together, 
when  wanted  for  work.  There  may  be  some 
thing  in  this,  particularly  among  the  young  men. 
I  have  observed  them  a  good  deal ;  and  though 
they  often  do  not  work  to  much  advantage, —  a 
dozen  doing  sometimes  what  one  or  two  stout  and 
well-trained  Northern  laborers  would  do,  and 
though  less  must  always  be  expected  of  persons 
native  to  this  soil  than  of  those  bred  in  Northern 
latitudes,  and  under  more  bracing  air, — I  have 
not  been  at  all  impressed  with  their  general  in 
dolence.  As  servants,  oarsmen,  and  carpenters, 
I  have  seen  them  working  faithfully  and  with  a 
will.  There  are  some  peculiar  circumstances  in 
their  condition,  which  no  one  who  assumes  to  sit 
in  judgment  upon  them  must  overlook.  They 
are  now,  for  the  first  time,  freed  from  the  restraint 
of  a  master,  and  like  children  whose  guardian  or 
teacher  is  absent  for  the  day,  they  may  quite  na 
turally  enjoy  an  interval  of  idleness.  No  system 
of  labor  for  them,  outside  of  the  camps,  has  been 
begun,  and  they  have  had  nothing  to  do  except 
to  bale  the  cotton  when  bagging  was  furnished, 
and  we  all  know  that  men  partially  employed  are, 
if  any  thing,  less  disposed  to  do  the  little  assigned 
them  than  they  are  to  perform  the  full  measure 
which  belongs  to  them  in  regular  life,  the  virtue 
in  the  latter  case  being  supported  by  habit.  At 
the  camps,  they  are  away  from  their  accustomed 
places  of  labor,  and  have  not  been  so  promptly 
paid  as  could  be  desired,  and  are  expostd  to  the 
same  circumstances  which  often  dispose  soldiers 
to  make  as  little  exertion  as  possible.  In  the 
general  chaos  which  prevails,  and  before  the  in 
spirations  of  labor  have  been  set  before  them  by 
proper  superintendents  and  teachers  who  under 
stand  their  disposition,  and  show  by  their  con 
duct  an  interest  in  their  welfare,  no  humane  or 
reasonable  man  would  subject  them  to  austere 
criticism,  or  make  the  race  responsible  for  the 
delinquencies  of  an  idle  person,  who  happened  te 


308 


REBELLION  RECORD,  1862. 


be  brought  particularly  under  his  own  observa 
tion.  Not  thus  would  we  have  ourselves  or  our 
own  race  judged;  and  the  judgment  which  we 
would  not  have  meted  to  us,  let  us  not  measure 
to  others. 

Upon  the  best  examination  of  these  people 
and  a  comparison  of  the  evidence  of  trustworthy 
persons,  I  believe  that  when  properly  organized, 
and  with  proper  motives  set  before  them,  they 
will,  as  freemen,  be  as  industrious  as  any  race  of 
men  are  likely  to  be  in  this  climate. 

The  notions  of  the  sacredness  of  property  as 
held  by  these  people  have  sometimes  been  the 
subject  of  discussion  here.  It  is  reported  that 
they  have  taken  things  left  in  their  masters' 
houses.  It  was  wise  to  prevent  this,  and  even 
where  it  had  been  done  to  compel  a  restoration, 
at  least  of  expensive  articles,  lest  they  should  be 
injured  by  speedily  acquiring,  without  purchase, 
articles  above  their  condition.  But  a  moment's 
reflection  will  show  that  it  was  the  most  natural 
thing  for  them  to  do.  They  had  been  occupants 
of  the  estates ;  had  had  these  things  more  or  less 
in  charge,  and  when  the  former  owners  had  left, 
it  was  easy  for  them  to  regard  their  title  to  the 
abandoned  property  as  better  than  that  of  stran 
gers.  Still,  it  is  not  true  that  they  have,  except 
as  to  very  simple  articles,  as  soap  or  dishes,  gen 
erally  availed  themselves  of  such  property.  It  is 
also  stated  that  in  camps  where  they  have  been 
destitute  of  clothing,  they  have  stolen  from  each 
other,  but  the  superintendents  are  of  opinion  that 
they  would  not  have  done  this  if  already  well 
provided.  Besides,  those  familiar  with  large  bo 
dies,  collected  together,  like  soldiers  in  camp  life, 
know  how  often  these  charges  of  mutual  pilfering 
are  made  among  them,  often  with  great  injustice. 
It  should  be  added,  to  complete  the  statement, 
that  the  agents  who  have  been  intrusted  with  the 
collection  of  cotton  have  reposed  confidence  in 
the  trustworthiness  of  the  laborers,  committing 
property  to  their  charge — a  confidence  not  found 
to  have  been  misplaced. 

To  what  extent  these  laborers  desire  to  be  free, 
and  to  serve  us  still  further  in  putting  down  the 
rebellion,  has  been  a  subject  of  examination.  The 
desire  to  be  free  has  been  strongly  expressed, 
particularly  among  the  more  intelligent  and  ad 
venturous.  Every  day,  almost,  adds  a  fresh  tale 
of  escapes,  both  solitary  and  in  numbers,  con 
ducted  with  a  courage,  a  forecast,  and  a  skill  wor 
thy  of  heroes.  But  there  are  other  apparent  fea 
tures  in  their  disposition  which  it  would  be  un 
truthful  to  conceal.  On  the  plantations,  I  often 
found  a  disposition  to  evade  the  inquiry  whether 
they  wished  to  be  free  or  slaves ;  and  though  a 
preference  for  freedom  was  expressed,  it  was 
rarely  in  the  passionate  phrases  which  would 
come  from  an  Italian  peasant.  The  secluded  and 
monotonous  life  of  a  plantation,  with  strict  disci 
pline  and  ignorance  enforced  by  law  and  custom, 
is  not  favorable  to  the  development  of  the  richer 
sentiments,  though  even  there  they  find  at  least 
a  stunted  growth,  irrepressible  as  they  are.  The 
inquiry  was  often  answered  in  this  way :  "  The 
white  man  do  what  he  pleases  with  us ;  we  are 


yours  now,  massa."  One,  if  I  understood  his 
broken  words  rightly,  said  that  he  did  not  care 
about  being  free,  if  he  only  had  a  good  master. 
Others  said  they  would  like  to  be  free,  but  they 
wanted  a  white  man  for  a  "  protector."  All  of 
proper  age,  when  inquired  of,  expressed  a  desire 
to  have  their  children  taught  to  read  and  write, 
and  to  learn  themselves.  On  this  point  thev 
showed  more  earnestness  than  on  any  other. 
When  asked  if  they  were  willing  to  fight,  in  case 
we  needed  them,  to  keep  their  masters  from  com 
ing  back,  they  would  seem  to  shrink  from  that, 
saying  that  "  black  men  have  been  kept  down  so 
like  dogs  that  they  would  run  before  white  men." 
At  the  close  of  the  first  week's  observation,  I  al 
most  concluded  that  on  the  plantations  there  was 
but  little  earnest  desire  for  freedom,  and  scarcely 
any  willingness  for  its  sake  to  encounter  white 
men.  But  as  showing  the  importance  of  not  at 
tempting  to  reach  general  conclusions  too  hastily, 
another  class  of  facts  came  to  my  notice  the  sec 
ond  week.  I  met  then  some  more  intelligent,  who 
spoke  with  profound  earnestness  of  their  desire  to 
be  free,  and  how  they  had  longed  to  see  this  day. 
Other  facts,  connected  with  the  military  and  na 
val  operations,  were  noted.  At  the  recent  recon- 
noissance  toward  Pulaski,  pilots  of  this  class 
stood  well  under  the  fire,  and  were  not  reluctant 
to  the  service.  When  a  district  of  Ladies'  Island 
was  left  exposed,  they  voluntarily  took  such  guns 
as  they  could  procure,  and  stood  sentries.  Also 
at  Edisto,  where  the  colony  is  collected  under  the 
protection  of  our  gunboats,  they  armed  them 
selves  and  drove  back  the  rebel  cavalry.  An  offi- 
;er  here  high  in  command  reported  to  me  some  of 
hese  facts,  which  had  been  officially  communi 
cated  to  him.  The  suggestion  may  be  pertinent 
;hat  the  persons  in  question  are  divisible  into  two 
classes.  Those  who,  by  their  occupation,  have 
been  accustomed  to  independent  labor,  and 
schooled  in  some  sort  of  self-reliance,  are  more 
developed  in  this  direction ;  while  others,  who 
lave  been  bound  to  the  routine  of  plantation  life, 
and  kept  more  strictly  under  surveillance,  are  but 
ittle  awakened.  But  even  among  these  last  there 
las  been,  under  the  quickening  inspiration  of 
)resent  events,  a  rapid  development,  indicating 
;hat  the  same  feeling  is  only  latent. 

There  is  another  consideration  which  must  not 
be  omitted.  Many  of  these  people  have  still  but 
ittle  confidence  in  us,  anxiously  looking  to  see 
vhat  is  to  be  our  disposition  of  them.  It  is  a 
uistake  to  suppose  that,  separated  from  the  world, 
never  having  read  a  Northern  book  or  newspaper 
relative  to  them,  or  talked  with  a  Northern  man 
expressing  the  sentiments  prevalent  in  his  region, 
hey  are  universally  and  with  entire  confidence 
welcoming  us  as  their  deliverers.  Here,  as  every- 
vhere  else,  where  our  army  has  met  them,  they 
mve  been  assured  by  their  masters  that  we  were 
going  to  carry  them  off'  to  Cuba.  There  is  prob- 
ibly  not  a  rebel  master,  from  the  Potomac  to  the 
julf,  who  has  not  repeatedly  made  this  assurance 
o  his  slaves.  No  matter  what  his  religious  vows 
may  have  been,  no  matter  what  his  professed 
honor  as  a  gentleman,  he  has  not  shrunk  from  the 


DOCUMENTS. 


300 


reiteration  of  this  falsehood.  Never  was  there  a 
people,  as  all  who  know  them  will  testify,  more 
attached  to  familiar  places  than  they.  Be  their 
home  a  cabin,  and  not  even  that  cabin  their  own, 
they  still  cling  to  it.  The  reiteration  could  not 
foil  to  have  had  some  effect  on  a  point  on  which 
they  were  so  sensitive.  Often  it  must  have  been 
met  with  unbelief  or  great  suspicion  of  its  truth. 
It  was  also  balanced  by  the  consideration  that 
their  masters  would  remove  them  into  the  interi 
or,  and  perhaps  to  a  remote  region,  and  separate 
their  families,  about  as  bad  as  being  taken  to  Cu 
ba,  and  they  felt  more  inclined  to  remain  on  the 
plantations,  and  take  their  chances  with  us.  They 
have  told  me  that  they  reasoned  in  this  way.  But 
in  many  cases  they  fled  at  the  approach  of  our 
army.  Then  one  or  two  bolder  returning,  the 
rest  were  reassured  and  came  back.  Recently, 
the  laborers  on  Paris  Island,  seeing  some  schoon 
ers  approaching  suspiciously,  commenced  gather 
ing  their  little  effects  rapidly  together,  and  were 
about  to  run,  when  they  were  quieted  by  some 
of  our  teachers  coming,  in  whom  they  had  confi 
dence.  In  some  cases,  their  distrust  has  been 
increased  by  the  bad  conduct  of  some  irresponsi 
ble  white  men,  of  which,  for  the  honor  of  human 
nature,  it  is  not  best  to  speak  more  particularly. 
On  the  whole,  their  confidence  in  us  has  been 
greatty  increased  by  the  treatment  they  have  re 
ceived,  which,  in  spite  of  many  individual  cases 
of  injury  less  likely  to  occur  under  the  stringent 
orders  recently  issued  from  the  naval  and  military 
authorities,  has  been  generally  kind  and  humane. 
But  the  distrust  which  to  a  greater  or  less  extent 
may  have  existed  on  our  arrival,  renders  neces 
sary,  if  we  would  keep  them  faithful  allies,  and 
not  informers  to  the  enemy,  the  immediate  adop 
tion  of  a  system  which  shall  be  a  pledge  of  our 
protection  and  of  our  permanent  interest  in  their 
welfare. 

The  manner  of  the  laborers  toward  us  has  been 
kind  and  deferential,  doing  for  us  such  good 
offices  as  were  in  their  power,  as  guides,  pilots, 
or  in  more  personal  service,  inviting  us  on  the 
plantations  to  lunch  of  hominy  and  milk,  or  po 
tatoes,  touching  the  hat  in  courtesy,  and  answer 
ing  politely  such  questions  as  were  addressed  to 
them.  If  there  have  been  exceptions  to  this  rule, 
it  was  in  the  case  of  those  whose  bearing  did  not 
entitle  them  to  the  civility. 

Passing  from  general  phases  of  character  or 
present  disposition,  the  leading  facts  in  relation 
to  the  plantations  and  the  mode  of  rendering 
them  useful  and  determining  what  is  best  to  be 
done,  come  noxt  in  order. 

The  laborers  of  St.  Helena  and  Ladies'  Islands 
very  generally  remain  on  their  respective  planta 
tions.  This  fact,  arising  partly  from  local  attach 
ment  and  partly  because  they  can  thus  secure 
their  allowance  of  corn,  is  important,  as  it  will 
facilitate  their  reorganization.  Some  are  absent 
temporarily,  visiting  a  wife  or  relative  on  another 
plantation,  and  returning  periodically  for  their  ra 
tions.  The  disposition  to  roam,  so  far  as  it  ex 
ists,  mainly  belongs  to  the  younger  people.  On 
Port  Royal  and  Hilton  Head  Islands,  there  is  a 


much  greater  dispersion,  due  in  part  to  their  hav 
ing  been  the  scene  of  more  active  military  move 
ments,  and  in  part  to  the  taking  in  greater  me-1*- 
sure  on  these  islands  of  the  means  of  subsistence 
from  the  plantations.  When  the  work  recom 
mences,  however,  there  is  not  likely  to  be  any 
indisposition  to  return  to  them. 

The  statistics  with  regard  to  the  number  of 
laborers,  field-hands,  acres  planted  to  cotton  and 
corn,  are  not  presented  as  accurate  statements, 
but  only  as  reasonable  approximations,  which 
may  be  of  service. 

The  highest  number  of  people  on  any  planta 
tion  visited  was  on  Coffin's,  where  there  are  two 
hundred  and  sixty.  Those  on  the  plantation  of 
Dr.  Jenkins  number  one  hundred  and  thirty  ;  on 
that  of  the  Eustis  estate,  one  hundred  and  twen 
ty  ;  and  on  the  others,  from  eighty  to  thirty-eight. 
The  average  number  on  each  is  eighty-one.  The 
field-hands  range  generally  from  one  third  to  one 
half  of  the  number,  the  rest  being  house  servants, 
old  persons,  and  children.  About  five  acres  of 
cotton  and  corn  are  planted  to  a  hand ;  and  of 
potatoes,  about  five  acres  in  all  were  planted  on 
the  smaller  plantations,  and  from  twenty  to  thirty 
on  the  larger. 

The  number  of  pounds  in  a  bale  of  ginned  cot 
ton  ranges  from  three  to  four  hundred,  the  ave 
rage  number  being  not  far  from  three  hundred 
and  forty-five  pounds  per  bale.  The  average 
yield  per  acre  on  fifteen  plantations  was  about 
one  hundred  and  thirty-three  pounds. 

The  material  for  compost  is  gathered  in  the  pe 
riods  of  most  leisure — often  in  July  and  August, 
after  the  cultivation  of  the  cotton  plant  is  ended, 
and  before  the  picking  has  commenced.  Various 
materials  are  used,  but  quite  generally  mud  and 
the  coarse  marsh  grass,  which  abounds  on  the 
creeks  near  the  plantations,  are  employed.  The 
manure  is  carted  upon  the  land  in  January  and 
February,  and  left  in  heaps,  two  or  three  cart 
loads  on  each  task,  to  be  spread  at  the  time  of 
listing.  The  land,  by  prevailing  custom,  lies  fal 
low  a  year.  The  cotton  and  corn  are  planted  in 
elevated  rows  or  beds.  The  next  step  is  the  list 
ing,  done  with  the  hoe,  and  making  the  bed  where 
the  alleys  were  at  the  previous  raising  of  the  crop, 
and  the  alleys  being  made  where  the  beds  were 
before.  In  this  process,  half  the  old  bed  is  hauled 
into  the  alley  on  the  one  side,  and  the  other  half 
nto  the  alley  on  the  other.  This  work  is  done 
mainly  in  February,  being  commenced  sometimes 
he  last  of  January.  A  "  task"  is  one  hundred 
and  five  feet  square,  and  contains  twenty-one  or 
twenty-two  beds  or  rows.  Each  laborer  is  re 
quired  to  list  a  task  and  a  half,  or  if  the  land  is 
moist  and  heavy,  a  task  and  five  or  seven  beds, 
say  one  fourth  or  three  eighths  of  an  acre. 

The  planting  of  cotton  commences  about  the 
twentieth  or  last  of  March,  and  of  corn  about  the 
same  time  or  earlier.  It  is  continued  through 
April,  and  by  some  planters  it  is  not  begun  till 
April.  The  seeds  are  deposited  in  the  beds,  a 
foot  or  a  foot  and  a  half  apart  on  light  land,  and 
two  feet  apart  on  heavy  land,  and  five  or  tea 
seeds  left  n  a  place.  While  the  plant  is  growing, 


310 


REBELLION  RECORD,  1862. 


the  stalks  are  thinned  so  as  to  leave  two  together 
on  high  land,  and  one  by  itself  on  low  or  rich 
land.  The  hoeing  of  the  early  cotton  begins 
about  the  time  that  the  planting  of  the  late  has 
ended.  The  plant  is-  cultivated  with  the  hoe  and 
plough  during  May,  June,  and  July,  keeping  the 
weeds  down  and  thinning  the  stalks.  The  picking 
commences  the  last  of  August.  The  cotton  be 
ing  properly  dried  in  the  sun,  is  then  stored  in 
houses,  ready  to  be  ginned.  The  ginning,  or 
cleaning  the  Hbre  from  the  seed,  is  done  either  by 
gins  operated  by  steam  or  by  the  well-known 
foot-gins — the  latter  turning  out  about  thirty 
pounds  of  ginned  cotton  per  day,  and  worked  by 
one  person,  assisted  by  another,  who  picks  out 
the  specked  and  yellow  cotton.  The  steam-en 
gine  carries  one  or  more  gins,  each  turning  out 
three  hundred  pounds  per  day,  and  requiring 
eight  or  ten  hands  to  tend  the  engine  and  gins, 
more  or  less,  according  to  the  number  of  the  gins. 
The  foot-gins  are  still  more  used  than  the  gins 
operated  by  steam,  the  latter  being  used  mainly 
on  the  largest  plantations,  on  which  both  kinds 
are  sometimes  employed.  I  have  preserved  notes 
of  the  kind  and  number  of  gins  used  on  the  plan 
tations  visited,  but  it  is  unnecessary  to  give  them 
here.  Both  kinds  can  be  run  entirely  by  the  la 
borers,  and  after  this  year,  the  ginning  should  be 
done  wholly  here — among  other  reasons,  to  avoid 
transportation  of  the  seed,  which  makes  nearly 
three  fourths  of  the  weight  of  the  unginned  cot 
ton,  and  to  preserve  in  better  condition  the  seed 
required  for  planting. 

The  allowance  of  clothing  to  the  field-hands  in 
this  district  has  been  two  suits  per  year,  one  for 
summer  and  another  for  winter.  That  of  food 
has  been  mainly  vegetable — a  peck  of  corn  a 
week  to  each  hand,  with  meat  only  in  June,  when 
the  work  is  hardest,  and  at  Christmas.  No  meat 
was  allowed  in  June  on  some  plantations,  while 
on  a  few  more  liberal  it  was  dealt  out  occasion 
ally,  as  once  a  fortnight  or  once  a  month.  On  a 
few,  molasses  was  given  at  intervals.  Children, 
varying  with  their  ages,  were  allowed  from  two 
to  six  quarts  of  corn  per  week.  The  diet  is  more 
exclusively  vegetable  here  than  almost  anywhere 
in  the  rebellious  region,  and  in  this  respect  should 
be  changed.  It  should  be  added,  that  there  is  a 
large  quantity  of  oysters  available  for  food  in 
proper  seasons. 

Besides  the  above  rations,  the  laborers  were 
allowed  each  to  cultivate  a  small  patch  of  ground, 
about  a  quarter  of  an  acre,  for  themselves,  when 
their  work  for  their  master  was  done.  On  this, 
corn  and  potatoes,  chiefly  the  former,  were  plant 
ed.  The  corn  was  partly  eaten  by  themselves, 
inus  supplying  in  part  the  deficiency  in  rations ; 
but  it  was,  to  a  great  extent,  fed  to  a  pig  or 
chickens,  each  hand  being  allowed  to  keep  a  pig 
and  chickens  or  ducks,  but  not  geese  or  turkeys. 
With  the  proceeds  of  the  pig  and  chickens,  gene 
rally  sold  to  the  masters,  and  at  pretty  low  rates, 
extra  clothing,  coffee,  sugar,  and  that  necessary 
of  life  with  these  people,  as  they  think,  tobacco, 
were  bought. 

In  the  report  thus  far,  such  facts  in  the  condi 


tion  of  the  territory  now  occupied  by  the  forces 
of  the  United  States  have  been  noted  as  seemed 
to  throw  light  on  what  could  be  done  to  reorgan 
ize  the  laborers,  prepare  them  to  become  sober 
and  self-supporting  citizens,  and  secure  the  suc 
cessful  culture  of  a  cotton-crop,  now  so  necessary 
to  be  contributed  to  the  markets  of  the  world. 
It  will  appear  from  them  that  these  people  are 
naturally  religious  and  simple-hearted — attached 
to  the  places  where  they  have  Irved,  still  adhering 
to  them  both  from  a  feeling  of  local  attachment 
and  self-interest  in  securing  the  means  of  subsist 
ence  ;  that  they  have  the  knowledge  and  expe 
rience  requisite  to  do  all  the  labor,  from  the  pre 
paration  of  the  ground  for  planting  until  the 
cotton  is  baled,  ready  to  be  exported ;  that  they, 
or  the  great  mass  of  them,  are  disposed  to  labor, 
with  proper  inducements  thereto  ;  that  they  lean 
upon  white  men,  and  desire  their  protection,  and 
could,  therefore,  under  a  wise  system,  be  easily 
brought  under  subordination  ;  that  they  are  sus 
ceptible  to  the  higher  considerations,  as  duty  and 
the  love  of  offspring^  and  are  not  in  any  way  in 
herently  vicious,  their  defects  coming  from  their 
peculiar  condition  in  the  past  or  present,  and  not 
from  constitutional  proneness  to  evil  beyond  what 
may  be  attributed  to  human  nature ;  that  they 
have  among  them  natural  chiefs,  either  by  virtue 
of  religious  leadership  or  superior  intelligence, 
who,  being  first  addressed,  may  exert  a  healthful 
influence  on  the  rest;  in  a  word,  that,  in  spite  oi 
their  condition,  reputed  to  be  worse  here  than  in 
many  other  parts  of  the  rebellious  region,  there 
are  such  features  in  their  life  and  character,  that 
the  opportunity  is  now  offered  to  us  to  make  of 
them,  partially  in  this  generation,  and  fully  in 
the  next,  a  happy,  industrious,  law-abiding,  free 
and  Christian  people,  if  we  have  but  the  courage 
and  patience  to  accept  it.  If  this  be  the  better 
view  of  them  and  their  possibilities,  I  will  say 
that  I  have  come  to  it  after  anxious  study  of  all 
peculiar  circumstances  in  their  lot  and  character, 
and  after  anxious  conference  with  reflecting  minds 
here,  who  are  prosecuting  like  inquiries,  not  over 
looking  what,  to  a  casual  spectator,  might  appear 
otherwise,  and  granting  what  is  likely  enough, 
that  there  are  those  among  them  whose  charac 
ters,  by  reason  of  bad  nature  or  treatment,  are 
set,  and  not  admitting  of  much  improvement. 
And  I  will  submit  further,  that,  in  common  fair 
ness  and  common  charity,  when,  by  the  order  of 
Providence,  an  individual  or  a  race  is  committed 
to  our  care,  the  better  view  is  entitled  to  be  first 
practically  applied.  If  this  one  shall  be  accepted 
and  crowned  with  success,  history  will  have  the 
glad  privilege  of  recording  that  this  wicked  and 
unprovoked  rebellion  was  not  without  compensa 
tions  most  welcome  to  our  race. 

What,  then,  should  be  the  true  system  of  ad 
ministration  here  ? 

It  has  been  proposed  to  lease  the  plantations 
and  the  people  upon  them.  To  this  plan  there 
are  two  objections — each  conclusive.  In  the  first 
place,  the  leading  object  of  the  parties  bidding 
for  leases  would  be  to  obtain  a  large  immediate 
revenue — perhaps  to  make  a  fortune  in  a  year  or 


DOCUMENTS. 


an 


two.  The  solicitations  of  doubtful  men,  offering 
the  highest  price,  would  impose  on  the  leasing 
power  a  stern  duty  of  refusal,  to  which  it  ought 
not  unnecessarily  to  be  subjected.  Far  better  a 
system  which  shall  not  invite  such  men  to  harass 
the  leasing  power,  or  excite  expectations  of  a 
speedy  fortune,  to  be  derived  from  the  labor  of 
this  people.  Secondly,  no  man,  not  even  the 
best  of  men,  charged  with  the  duties  which  ought 
to  belong  to  the  guardians  of  these  people,  should 
be  put  in  a  position  where  there  would  be  such 
a  conflict  between  his  humanity  and  his  self-in 
terest — his  desire,  on  the  one  hand,  to  benefit  the 
laborer,  and,  on  the  other,  the  too  often  strong 
er  desire  to  reap  a  large  revenue — perhaps  to  re 
store  broken  fortunes  in  a  year  or  two.  Such  a 
system  is  beset  with  many  of  the  worst  vices  of 
the  slave  system,  with  one  advantage  in  favor  of 
the  latter,  that  it  is  for  the  interest  of  the  plant 
er  to  look  to  permanent  results.  Let  the  history 
of  British  East-India,  and  of  all  communities 
where  a  superior  race  has  attempted  to  build  up 
speedy  fortunes  on  the  labor  of  an  inferior  race 
occupying  another  region,  be  remembered,  and 
no  just  man  will  listen  to  the  proposition  of  leas 
ing,  fraught  as  it  is  with  such  dangerous  conse 
quences.  Personal  confidence  forbids  me  to  re 
port  the  language  of  intense  indignation  which 
has  been  expressed  against  it  here  by  some  occu 
pying  high  places  of  command,  as  also  by  others 
who  have  come  here  for  the  special  purpose  of 
promoting  the  welfare  of  these  laborers.  Per 
haps  it  might  yield  to  the  treasury  a  larger  im 
mediate  revenue,  but  it  would  be  sure  to  spoil 
the  country  and  its  people  in  the  end.  The  Gov 
ernment  should  be  satisfied  if  the  products  of  the 
territory  may  be  made  sufficient  for  a  year  or 
two  to  pay  the  expenses  of  administration  and 
superintendence,  and  of  the  inauguration  of  a 
beneficent  system  which  will  settle  a  great  social 
question,  insure  the  sympathies  of  foreign  na 
tions,  now  wielded  against  us,  and  advance  the 
civilization  of  the  age. 

The  better  course  would  be  to  appoint  super 
intendents  for  each  large  plantation,  and  one  for 
two  or  three  smaller  combined,  compensated  with 
a  good  salary,  say  one  thousand  dollars  per  year, 
selected  with  reference  to  peculiar  qualifications, 
and  as  carefully  as  one  would  choose  a  guardian 
for  his  children,  clothed  with  an  adequate  power 
to  enforce  a  paternal  discipline,  to  require  a  pro 
per  amount  of  labor,  cleanliness,  sobriety,  and 
better  habits  of  life,  and  generally  to  promote 
the  moral  and  intellectual  culture  of  the  wards, 
with  such  other  inducements,  if  there  be  any, 
placed  before  the  superintendent  as  shall  inspire 
him  to  constant  efforts  to  prepare  them  for  useful 
and  worthy  citizenship.  To  quicken  and  insure 
the  fidelity  of  the  superintendents,  there  should 
be  a  director-general  or  governor,  who  shall  visit 
the  plantations,  and  see  that  they  are  discharging 
these  duties,  and,  if  necessary,  he  should  be  aid 
ed  by  others  in  the  duty  of  visitation.  This  offi 
cer  should  be  invested  with  liberal  powers  over 
all  persons  within  his  jurisdiction,  so  as  to  pro 
tect  the  blacks  from  each  other  and  from  white 


men,  being  required  in  most  important  cases  to 
confer  with  the  military  authorities  in  punishing 
offences.  His  proposed  duties  indicate  that  he 
should  be  a  man  of  the  best  ability  and  charac 
ter  ;  better  if  he  have  already,  by  virtue  of  public 
services,  a  hold  on  the  public  confidence.  Such 
an  arrangement  is  submitted  as  preferable  for  the 
present  to  any  cumbersome  territorial  government 

The  laborers  themselves,  no  longer  slaves  of 
their  former  masters,  or  of  the  Government,  but 
as  yet  in  large  numbers  unprepared  for  the  full 
privileges  of  citizens,  are  to  be  treated  with  sole 
reference  to  such  preparation.  No  effort  is  to  be 
spared  to  work  upon  their  better  nature  and  the 
motives  which  come  from  it — the  love  of  wages, 
of  offspring,  and  of  family,  the  desire  of  happiness, 
and  the  obligations  of  religion.  And  when  these 
fail, — and  fail  they  will,  in  some  cases, — we  must 
not  hesitate  to  resort,  not  to  the  lash, — for  as  from 
the  department  of  war,  so  also  from  the  depart 
ment  of  labor,  it  must  be  banished, — but  to  the 
milder  and  more  effective  punishments  of  depriv 
ation  of  privileges,  isolation  from  family  and  so 
ciety,  the  workhouse,  or  even  the  prison.  The 
laborers  are  to  be  assured  at  the  outset  that 
parental  and  conjugal  relations  among  them  are 
to  be  protected  and  enforced ;  that  children,  and 
all  others  desiring,  are  to  be  taught ;  that  they 
will  receive  wages ;  and  that  a  certain  just  meas 
ure  of  work,  with  reference  to  the  ability  to  per 
form  it,  if  not  willingly  rendered,  is  to  be  required 
of  all.  The  work,  so  far  as  the  case  admits, 
should  be  assigned  in  proper  tasks,  the  standard 
being  what  a  healthy  person  of  average  capacity 
can  do,  for  which  a  definite  sum  is  to  be  paid. 
The  remark  may  perhaps  be  pertinent,  that,  what 
ever  may  have  been  the  case  with  women  or  par 
tially  disabled  persons,  my  observations,  not  yet 
sufficient  to  decide  the  point,  have  not  impressed 
me  with  the  conviction  that  healthy  persons,  if 
they  had  been  provided  with  an  adequate  amount 
of  food,  and  that  animal  in  due  proportion,  have 
been  overworked  heretofore  on  these  islands,  the 
main  trouble  having  been  that  they  have  not 
been  so  provided,  and  have  not  had  the  motives 
which  smooth  labor.  Notwithstanding  the  fre 
quent  and  severe  chastisements  which  have  been 
employed  here  in  exacting  work,  they  have  failed, 
and  naturally  enough,  of  their  intended  effects. 
Human  beings  are  made  up  so  much  more  of 
spirit  than  of  muscle,  that  compulsory  labor,  en 
forced  by  physical  pain,  will  not  exceed  or  equal, 
in  the  long  run,  voluntary  labor  with  just  inspira 
tions  ;  and  the  same  law  in  less  degree  may  be 
seen  in  the  difference  between  the  value  of  a 
whipped  and  jaded  beast,  and  one  well  disci 
plined  and  kindly  treated. 

What  should  be  the  standard  of  wages  where 
none  have  heretofore  been  paid,  is  less  easy  to 
determine.  It  should  be  graduated  with  refer 
ence  to  the  wants  of  the  laborer  and  the  ability 
of  the  employer  or  Government ;  and  this  ability 
being  determined  by  the  value  of  the  products  of 
the  labor,  and  the  most  that  should  be  expected 
being,  that  for  a  year  or  two  the  system  should 
not  be  a  burden  on  the  treasury.  Taking  into 


312 


REBELLION  RECORD,  1862. 


consideration  the  cost  of  food  and  clothing,  medi 
cal  attendance  and  extras,  supposing  that  the 
laborer  would  require  rations  of  pork  or  bee^ 
meal,  cotFee,  sugar,  molasses  and  tobacco,  and 
that  he  would  work  three  hundred  days  in  the 
year,  he  should  receive  about  forty  cents  a  day 
in  order  to  enable  him  to  lay  up  thirty  dollars  a 
year;  and  each  healthy  wo  i  an  could  do  about 
equally  well.  Three  hundred  days  in  a  year  is, 
perhaps,  too  high  an  estimate  of  working-days, 
when  we  consider  the  chances  of  sickness  and 
days  when,  by  reason  of  storms  and  other  causes, 
there  would  be  no  work.  It  is  assumed  that  the 
laborer  is  not  to  pay  rent  for  the  small  house 
tenanted  by  him.  When  the  average  number  of 
acres  cultivated  by  a  hand,  and  the  average  yield 
per  acre  are  considered  with  reference  to  market 
prices,  or  when  the  expense  of  each  laborer  to 
his  former  master,  the  interest  on  his  assumed 
value  and  on  the  value  of  the  land  worked  by 
him, — these  being  the  elements  of  what  it  has 
cost  the  master  before  making  a  profit, — are  com 
puted,  the  Government  could  afford  to  pay  this 
sum,  leaving  an  ample  margin  to  meet  the  cost 
of  the  necessary  implements,  as  well  as  of  super 
intendence  and  administration.  The  figures  on 
which  this  estimate  is  based  are  at  the  service  of 
the  department  if  desired.  It  must  also  be  borne 
in  mind  that  the  plantations  will  in  the  end  be 
carried  on  more  scientifically  and  cheaply  than 
before,  the  plough  taking  very  much  the  place  of 
the  hoe,  and  other  implements  being  introduced 
to  facilitate  industry  and  increase  the  productive 
power  of  the  soil. 

It  being  important  to  preserve  all  former  habits 
which  are  not  objectionable,  the  laborer  should 
have  his  patch  of  ground  on  which  to  raise  corn 
or  vegetables  for  consumption  or  sale. 

As  a  part  of  the  plan  proposed,  missionaries 
will  be  needed  to  address  the  religious  element 
of  a  race  so  emotional  in  their  nature,  exhorting 
to  all  practical  virtues,  and  inspiring  the  laborers 
with  a  religious  zeal  for  faithful  labor,  the  good 
nurture  of  their  children,  and  for  clean  and 
healthful  habits.  The  benevolence  of  the  free 
States,  now  being  directed  hither,  will  gladly 
provide  these.  The  Government  should,  how 
ever,  provide  some  teachers  specially  devoted  to 
teaching  reading,  writing  and  arithmetic,  say 
some  twenty-five  for  the  territory  now  occupied 
by  our  forces,  and  private  benevolence  might 
even  be  relied  on  for  these. 

The  plan  proposed  is,  of  course,  not  presented 
as  an  ultimate  result :  far  from  it.  It  contem 
plates  a  paternal  discipline  for  the  time  being, 
intended  for  present  use  only,  with  the  prospect 
of  better  things  in  the  future.  As  fast  as  the 
laborers  show  themselves  fitted  for  all  the  privi 
leges  of  citizens,  they  should  be  dismissed  from 
the  system  and  allowed  to  follow  any  employ 
ment  they  please,  and  where  they  please.  They 
should  have  the  power  to  acquire  the  fee  simple 
of  land,  either  with  the  proceeds  of  their  labor  or 
as  a  reward  of  special  merit ;  and  it  would  be  well 
to  quicken  their  zeal  for  good  behavior  by  proper 
recognitions.  I  shall  not  follow  these  suggestions 


as  to  the  future  further,  contenting  myself  with 
indicating  what  is  best  to  be  done  at  once  with  a 
class  of  fellow-beings  now  thrown  on  our  protec 
tion,  entitled  to  be  recognized  as  freemen,  but  for 
whose  new  condition  the  former  occupants  of  the 
territory  have  diligently  labored  to  unfit  them. 

But  whatever  is  thought  best  to  be  done,  should 
be  done  at  once.  A  system  ought  to  have  been 
commenced  with  the  opening  of  the  year.  Be 
sides  that,  demoralization  increases  with  delay. 
The  months  of  January  and  February  are  the 
months  for  preparing  the  ground  by  manuring 
and  listing,  and  the  months  of  March  and  April 
are  for  planting.  Already  important  time  has 
passed,  and  in  a  very  few  weeks  it  will  be  too 
late  to  prepare  for  a  crop,  and  too  late  to  assign 
useful  work  to  the  laborers  for  a  year  to  come.  I 
implore  the  immediate  intervention  of  your  de 
partment  to  avert  the  calamities  which  must  en 
sue  from  a  further  postponement. 

There  is  another  precaution  most  necessary  to 
be  taken.  As  much  as  possible,  persons  enlisted 
in  the  army  and  navy  should  be  kept  separate 
from  these  people.  The  association  produces  an 
unhealthy  excitement  in  the  latter,  and  there  are 
other  injurious  results  to  both  parties  which  it  is 
unnecessary  to  particularize.  In  relation  to  this 
matter,  I  had  an  interview  with  the  Flag-Officer, 
Commodore  Du  Pont,  which  resulted  in  an  order 
that  "  no  boats  from  any  of  the  ships  of  the 
squadron  can  be  permitted  to  land  anywhere  but 
at  Bay  Point  and  Hilton  Head,  without  a  pass 
from  the  Fleet  Captain,"  and  requiring  the  com 
manding  officers  of  the  vessels  to  give  special  at 
tention  to  all  intercourse  between  the  men  under 
their  command  and  the  various  plantations  in 
their  vicinity.  Whatever  can  be  accomplished 
to  that  end  by  this  humane  and  gallant  officer, 
who  superadds  to  skill  and  courage  in  his  pro 
fession  the  liberal  views  of  a  statesman,  will  not 
be  left  undone.  The  suggestion  should  also  be 
made  that,  when  employment  is  given  to  this 
people,  some  means  should  be  taken  to  enable 
them  to  obtain  suitable  goods  at  fair  rates,  and 
precautions  taken  to  prevent  the  introduction  of 
ardent  spirits  among  them. 

A  loyal  citizen  of  Massachusetts,  Mr.  Frede 
rick  A.  Eustis,  has  recently  arrived  here.  He  is 
the  devisee  in  a  considerable  amount  under  the 
will  of  the  late  Mrs.  Eustis,  who  owned  the  large 
estate  on  Ladies'  Island,  and  also  another  at 
Pocotaligo,  the  latter  not  yet  in  possession  of 
our  forces.  The  executors  are  rebels,  and  reside 
at  Charleston.  Mr.  Eustis  has  as  yet  received 
no  funds  by  reason  of  the  devise.  There  are  two 
other  loyal  devisees  and  some  other  devisees  re 
sident  in  rebellious  districts,  and  the  latter  are 
understood  to  have  received  dividends.  Mr.  Eus 
tis  is  a  gentleman  of  humane  and  liberal  views, 
and,  accepting  the  present  condition  of  things, 
desires  that  the  people  on  these  plantations  shall 
not  be  distinguished  from  their  brethren  on  others, 
but  equally  admitted  to  their  better  fortunes. 
The  circumstances  of  this  case,  though  of  a  per- 
sonal  character,  may  furnish  a  useful  precedent. 
With  great  pleasure  and  confidence,  I  recommend 


DOCUMENTS. 


313 


that  this  loyal  citizen  be  placed  in  charge  of  the 
plantation  on  Ladies'  Island,  which  he  is  willing 
to  accept — the  questions  of  property  and  rights 
under  the  will  being  reserved  for  subsequent  de 
termination. 

A  brief  statement  in  relation  to  the  laborers 
collected  at  the  camps  at  Hilton  Head  and  Beau 
fort  may  be  desirable.  At  both  places  they  are 
under  the  charge  of  the  Quartermaster's  Depart 
ment.  At  Hilton  Head,  Mr.  Barnard  K.  Lee,  Jr., 
of  Boston,  is  the  Superintendent,  assisted  by 
Mr.  J.  D.  McMath  of  Alleghany  City,  Pa.,  both 
civilians.  The  appointment  of  Mr.  Lee  is  derived 
from  Captain  R.  Saxton,  Chief  Quartermaster  of 
the  Expeditionary  Corps,  a  humane  officer,  who 
is  deeply  interested  in  this  matter.  The  number 
at  this  camp  is  about  six  hundred,  the  registered 
number  under  Mr.  Lee  being  four  hundred  and 
seventy-two,  of  whom  one  hundred  and  thirty- 
seven  are  on  the  pay-roll.  Of  these  four  hundred 
and  seventy-two,  two  hundred  and  seventy-nine 
are  fugitives  from  the  main  land,  or  other  points, 
still  held  by  the  rebels ;  seventy-seven  are  from 
Hilton  Head  Island ;  sixty-two  from  the  adjacent 
island  of  Pinckney  ;  thirty-eight  from  St.  Helena ; 
eight  from  Port  Royal ;  seven  from  Spring,  and 
one  from  Daufuskie.  Of  the  four  hundred  and 
seventy-two,  the  much  larger  number,  it  will  be 
seen,  have  sought  refuge  from  the  places  now 
held  by  rebels ;  while  the  greater  proportion  of 
the  remainder  came  in  at  an  early  period,  before 
they  considered  themselves  safe  elsewhere.  Since 
the  above  figures  were  given,  forty-eight  more,  all 
from  one  plantation,  and  under  the  lead  of  the 
driver,  came  in  together  from  the  main  land. 
Mr.  Lee  was  appointed  November  tenth  last,  with 
instructions  to  assure  the  laborers  that  they  would 
be  paid  a  reasonable  sum  for  their  services,  not 
yet  fixed.  They  were  contented  with  the  assur 
ance,  and  a  quantity  of  blankets  and  clothing 
captured  of  the  rebels  was  issued  to  them  with 
out  charge.  About  December  first,  an  order  was 
given  that  carpenters  should  be  paid  eight  dollars 
per  month,  and  other  laborers  five  dollars  per 
month.  Women  and  children  were  fed  without 
charge,  the  women  obtaining  washing  and  receiv 
ing  the  pay,  in  some  cases  in  considerable  sums, 
not,  however,  heretofore  very  available,  as  there 
was  no  clothing  for  women  for  sale  here.  It  will 
be  seen  that,  under  the  order,  laborers,  particu 
larly  those  with  families,  have  been  paid  with 
sufficient  liberality.  There  were  sixty -three  la 
borers  on  the  pay-roll  on  December  first,  and  one 
hundred  and  one  dollars  and  fifty  cents  were  paid 
to  them  for  the  preceding  month.  On  January 
first  there  were  for  the  preceding  month  one  hun 
dred  and  twenty-seven  on  the  pay-roll,  entitled 
to  four  hundred  and  sixty-eight  dollars  and  fifty- 
nine  cents.  On  February  first  there  were  for  the 
preceding  month  one  hundred  and  thirty-seven 
on  the  pay-roll,  entitled  to  something  more  than 
for  the  month  of  January  ;  making  in  all  due 
them  not  far  from  one  thousand  dollars.  This 
delay  of  payment,  due,  it  is  stated,  to  a  deficiency 
of  small  currency,  has  made  the  laborers  uneasy, 
and  affected  the  disposition  to  work. 


On  January  eighteenth,  a  formal  order  was 
issued  by  General  Sherman,  regulating  the  rate 
of  wages,  varying  from  twelve  dollars  to  eight 
dollars  per  month  for  mechanics,  and  from  eight 
dollars  to  four  dollars  for  other  laborers.  Under 
it,  each  laborer  is  to  have,  in  addition,  a  ration 
of  food.  But  from  the  monthly  pay  are  to  be 
deducted  rations  for  his  family,  if  here,  and  cloth 
ing  both  for  himself  and  family.  Commodious 
barracks  have  been  erected  for  these  people,  and 
a  guard  protects  their  quarters. 

I  have  been  greatly  impressed  by  the  kindness 
and  good  sense  of  Mr.  Lee  and  his  assistant,  in 
their  discipline  of  these  people.  The  lash,  let  us 
give  thanks,  is  banished  at  last.  No  coarse  words 
or  profanity  are  used  toward  them.  There  has 
been  less  than  a  case  of  discipline  a  week,  and 
the  delinquent,  if  a  male,  is  sometimes  made  to 
stand  on  a  barrel,  or,  if  a  woman,  is  put  in  a  dark 
room,  and  such  discipline  has  proved  successful. 
The  only  exception,  if  any,  is  in  the  case  of  one 
woman,  and  the  difficulty  there  was  conjugal 
jealousy,  she  protesting  that  she  was  compelled 
by  her  master,  against  her  will,  to  live  with  the 
man. 

There  is  scarcely  any  profanity  among  them, 
more  than  one  half  of  the  adults  being  members 
of  churches.  Their  meetings  are  held  twice  or 
three  times  on  Sundays,  also  on  the  evenings  of 
Tuesday,  Thursday  and  Friday.  They  are  con 
ducted  with  fervent  devotion  by  themselves  alone 
or  in  presence  of  a  white  clergyman,  when  the 
services  of  one  are  procurable.  They  close  with 
what  is  called  "a  glory  shout,"  one  joining  hands 
with  another,  together  in  couples  singing  a  verse 
and  beating  time  with  the  foot.  A  fastidious  re 
ligionist  might  object  to  this  exercise ;  but  being 
in  accordance  with  usage,  and  innocent  enough 
in  itself,  it  is  not  open  to  exception.  As  an  evi 
dence  of  the  effects  of  the  new  system  in  inspir 
ing  self-reliance,  it  should  be  noted  that  the  other 
evening  they  called  a  meeting  of  their  own  accord, 
and  voted,  the  motion  being  regularly  made  and 
put,  that  it  was  now  but  just  that  they  should 
provide  the  candles  for  their  meetings,  hitherto 
provided  by  the  Government.  A  collection  was 
taken  at  a  subsequent  meeting,  and  two  dollars 
and  forty-eight  cents  was  the  result.  The  inci 
dent  may  be  trivial,  but  it  justifies  a  pleasing  in 
ference.  No  school,  it  is  to  be  regretted,  has 
yet  been  started,  except  one  on  Sundays,  but  the 
call  for  reading-books  is  daily  made  by  the  la 
borers.  The  suggestion  of  Mr.  Lee,  in  which  I 
most  heartily  concur,  should  not  be  omitted  — 
that  with  the  commencement  of  the  work  on  the 
plantations,  the  laborers  should  be  distributed 
upon  them,  having  regard  to  the  family  relations 
and  the  places  whence  they  have  come. 

Of  the  number  and  condition  of  the  laborers 
at  Beaufort,  less  accurate  information  was  attain 
able,  and  fewer  statistics  than  could  be  desired. 
They  have  not,  till  within  a  few  days,  had  a 
General  Superintendent,  but  have  been  under 
the  charge  of  persons  detailed  for  the  purpose 
from  the  army.  I  saw  one  whose  manner  and 
language  toward  them  was,  to  say  the  least,  not 


314 


REBELLION  RECORD,  1862. 


elevating.  A  new  Quartermaster  of  the  post  has 
recently  commenced  his  duties,  and  a  better  order 
of  things  is  expected.  He  has  appointed  as  Su 
perintendent  Mr.  William  Harding,  a  citizen  of 
Daufuskie  Island.  An  enrolment  has  commenc- 


sup- 
The 


ferring  with  the  authorities,  and  hying  the  foun 
dation  of  beneficent  appliances  with  reference  to 
their  moral,  educational,  and  material  wants. 
These,  having  received  the  sanction  of  officers  in 
command,  he  now  returns  to  commend  to  the 
public,  and  the  Government  will  derive  import 
ant  information  from  his  report.  Besides  other 
things,  he  proposes,  with  the  approval  of  the 
authorities  here,  to  secure  authority  to  introduce 
women  of  suitable  experience  and  ability,  who 
shall  give  industrial  instruction  to  those  of  their 
own  sex  among  these  people,  and  who,  visiting 
from  dwelling  to  dwelling,  shall  strive  to  improve 
their  household  life,  and  give  such  counsels  as 
women  can  best  communicate  to  women.  All 
civilizing  influences  like  these  should  be  welcom 
ed  here,  and  it  cannot  be  doubted  that  many 
noble  hearts  among  the  women  of  the  land  will 
volunteer  for  the  service. 

There  are  some  material  wants  of  this  territory 
requiring  immediate  attention.  The  means  of 
subsistence  have  been  pretty  well  preserved  on 
the  plantations  on  St.  Helena;  so  also  on  that 
part  of  Ladies'  adjacent  to  St.  Helena.  But  on 
Port  Royal  Island,  and  that  part  of  Ladies'  near 
to  it,  destitution  has  commenced,  and  will,  unless 
provision  is  made,  become  very  great.  Largo 
amounts  of  corn  for  forage,  in  quantities  from 
fifty  to  four  or  five  hundred  bushels  from  a  plan- 
tation,  have  been  taken  to  Beaufort.  On  scarce 
ly  any  within  this  district  is  there  enough  to  last 
beyond  April,  whereas  it  is  needed  till  August. 
On  others,  it  will  last  only  two  or  three  weeks, 
and  on  some  it  is  entirely  exhausted.  It  is  stated 
that  the  forage  was  taken  because  no  adequate 
supply  was  at  hand,  and  requisitions  for  it  were 
not  seasonably  answered.  The  further  taking  of 
the  corn  in  this  way  has  now  been  forbidden  ; 
but  the  Government  must  be  prepared  to  meet 
the  exigency  which  it  has  itself  created.  It 

ly  words  might  arrest.     I  may  be  permitted  to  !  should  be  remembered  that  this  is  not  a  grain- 
state,  that  it  was  at  my  own  suggestion  that  he  j  exporting  region,  corn  being  produced  in  moder- 
made  the  appointment  on  this  island.     I  cannot  |  ate  crops  only  for  consumption.     Similar  destitu 
tion  will  take  place  on  other  islands,  from  the 


ed,  but   is  not   yet  finished.      There   are 
posed  to  be  about  six  hundred  at  Beaufort, 
number  has  been  larger,  but  some  have  already 
returned  to  the  plantations  in  our  possession  from 
which  they  came.     At  this  point,  the  Rev.  Solo 
mon  Peck,  of  Roxbury,   Mass.,   has  done  great 
good  in  preaching  to  them  and  protecting  them 
from  the  depredations  of  white  men.     He  has 
established  a  school  for  the  children,   in  which 
are  sixty  pupils,  ranging  in  age  from  six  to  fifteen 
years.     They  are  rapidly  learning   their  letters 
and  simple  reading.      The   teachers   are  of  the 
same  race  with  the  taught,  of  ages  respectively  of 
twenty,  thirty,  and  fifty  years.     The  name  of  one 
is  John  Milton.     A  visit  to  the  school  leaves  a 
remarkable  impression.     One  sees  there  those  of 
pure  African  blood,  and  others  ranging  through 
the  lighter  shades,  and  among  them  brunettes  of 
the   fairest   features.      I   taught   several   of  the 
children  their  letters  for  an  hour  or  two,   and 
during  the  recess  heard  the  three  teachers,  at 
their  own  request,  recite  their  spelling-lessons  of 
words  of  one  syllable,  and  read  two  chapters  of 
Matthew.     It  seemed  to  be  a  morning  well  spent. 
Nor  have  the  efforts  of  Dr.  Peck  been  confined  to 
this  point.     He  has  preached  at  Cat,  Cane  and 
Ladies'  Island,  anticipating  all  other  white  clergy 
men,  and  on  Sunday,   February  second,  at  the 
Baptist  Church  on  St.  Helena,  to  a  large  congre 
gation,  where  his  ministrations  have  been  attend 
ed  with   excellent  effects.     On  my  visits  to  St. 
Helena,  I  found  that  no  white  clergyman  had 
been  there  since  our  military  occupation  began, 
that  the  laborers  were  waiting  for  one,  and  there 
was  a  demoralization  at  some  points  which  time- 


forbear  to  give  a  moment's  testimony  to  the  no 
bility  of  character  displayed  by  this  venerable 
man.  Of  mild  and  genial  temperament,  equally 
earnest  and  sensible,  enjoying  the  fruits  of  cul 
ture,  and  yet  not  dissuaded  by  them  from  the 


same  cause,  unless  provision  is  made. 

The  horses,  mules,  and  oxen,  in  large  numbers, 
have  been  taken  to  Beaufort  and  Hilton  Head  as 
means  of  transportation.  It  is  presumed  that 


humblest  toil,  having  reached  an  age  when  most  j  they,  or  most  of  them,  are  no  longer  needed  for 


others  would  have  declined  the  duty,  and  left  it 
to  be  discharged  by  younger  men ;  of  narrow 
means,  and  yet  in  the  main  defraying  his  own 
expenses,  this  man  of  apostolic  faith  and  life,  to 
whose  labors  both  hemispheres  bear  witness,  left 
his  home  to  guide  and  comfort  this  poor  and 
shepherdless  flock ;  and  to  him  belongs,  and  ever 
will  belong,  the  distinguished  honor  of  being  the 
first  minister  of  Christ  to  enter  the  field  which 
our  arms  had  opened. 

The  Rev.  Mansfield  French,  whose  mission  was 
authenticated  and  approved  by  the  Government, 
prompted  by  benevolent  purposes  of  his  own,  and 
in  conference  with  others  in  the  city  of  New-York, 
has  been  here  two  weeks,  during  which  time  he 
has  been  industriously  occupied  in  examining  the 
state  of  the  islands  and  their  population,  in  con- 


that  purpose,  and  that  they  will  be  returned  to 
those  who  shall  have  charge  of  the  plantations. 
Cattle  to  the  number  of  a  hundred,  and  in  some 
cases  less,  have  been  taken  from  a  plantation  and 
slaughtered,  to  furnish  fresh  beef  for  the  army. 
Often  cattle  have  been  killed  by  irresponsible 
foraging  parties,  acting  without  competent  au 
thority.  There  can  be  no  doubt  that  the  army 
and  navy  have  been  in  great  want  of  the  varia 
tion  of  the  rations  of  salt  beef  or  pork ;  but  it 
also  deserves  much  consideration,  if  the  planta 
tions  are  to  be  permanently  worked,  how  much 
of  a  draught  they  can  sustain. 

The  garden  seeds  have  been  pretty  well  used 
up,  and  I  inclose  a  desirable  list  furnished  me  by 
a  gentleman  whose  experience  enables  him  to 
designate  those  adapted  to  the  soil,  and  useful 


DOCUMENTS. 


315 


too  for  army  supplies.  The  general  cultivation 
of  the  islands  also  requires  the  sending  of  a  quan 
tity  of  ploughs  and  hoes. 

Since  the  writing  of  this  report  was  commenc 
ed,  some  action  has  been  taken  which  will  largely 
increase  the  number  of  persons  thrown  on  the 
protection  of  the  Government.  To-day,  February 
tenth,  the  Forty-seventh  regiment  of  New-York 
volunteers  has  been  ordered  to  take  military  occu 
pation  of  Edisto  Island,  which  is  stated  to  have 
had  formerly  a  population  of  five  or  six  thousand, 
and  a  large  number  of  plantations,  a  movement 
which  involves  great  additional  responsibility. 
Agents  for  the  collection  of  cotton  are  to  accom 
pany  it. 

Herewith  is  communicated  a  copy  of  an  order 
by  General  Sherman,  dated  February  sixth,  1862, 
relative  to  the  disposition  of  the  plantations  and 
of  their  occupants.  It  is  evidence  of  the  deep 
interest  which  the  Commanding  General  takes  in 
this  subject,  and  of  his  conviction  that  the  exi 
gency  requires  prompt  and  immediate  action  from 
the  Government. 

I  leave  for  Washington,  to  add  any  oral  ex 
planations  which  may  be  desired,  expecting  to 
return  at  once,  and,  with  the  permission  of  the 
Department,  to  organize  the  laborers  on  some 
one  plantation,  and  superintend  them  during  the 
planting  season,  and  upon  its  close,  business  en 
gagements  require  that  I  should  be  relieved  of 
this  appointment. 

I  am,  with  great  respect, 

Your  friend  and  servant, 

EDWARD  L.  PIERCE. 

SECOND    REPORT. 

PORT  ROYAL,  June  2, 1862. 

To  the  Hon.  S.  P.  Chase,  Secretary  of  the  Trea 
sury  : 

SIR:  Upon  the  transfer  of  the  supervision  of 
affairs  at  Port  Royal  from  the  Treasury  to  the 
War  Department,  a  summary  of  the  results  of 
this  agency  may  be  expected  by  you ;  and  there 
fore  this  report  is  transmitted. 

Your  instructions  of  February  nineteenth  in 
trusted  to  me  the  general  superintendence  and 
direction  of  such  persons  as  might  be  employed 
upon  the  abandoned  plantations,  with  a  view  to 
prevent  the  deterioration  of  the  estates,  to  secure 
their  best  possible  cultivation,  and  the  greatest 
practicable  benefit  to  the  laborers  upon  them. 
The  Department,  not  being  provided  with  proper 
power  to  employ  upon  salaries  superintendents 
and  teachers,  under  the  plan  submitted  in  my 
report  of  February  third,  enjoined  cooperation 
with  associations  of  judicious  and  humane  citi 
zens  in  Boston,  New- York,  and  other  cities,  who 
proposed  to  commission  and  employ  persons  for 
the  religious  instruction,  ordinary  education,  and 
general  employment  of  the  laboring  population. 
Authority  was  given  to  the  Special  Agent  at  the 
same  time  to  select  and  appoint  applicants  for 
such  purposes,  and  assign  each  to  his  respective 
duty — such  persons  when  compensated,  to  draw 
their  compensation  from  private  sources,  receiv 


ing  transportation,  subsistence,  and  quarters  only 
from  the  Government.  The  Educational  Com 
mission  of  Boston  had  already  been  organized, 
and  the  organization  of  the  National  Freedman's 
Relief  Association  of  New- York  followed  a  few 
days  later.  Still  later  the  Port  Royal  Relief  Com 
mittee  of  Philadelphia  was  appointed. 

On  the  morning  of  March  ninth,  forty-one  men 
and  twelve  women,  accepted  for  the  above  pur 
poses  and  approved  by  the  first  two  of  the  above 
Associations,  disembarked  at  Beaufort,  having 
left  New-York  on  the  third  of  that  month  on 
board  the  United  States  transport,  the  steamship 
Atlantic,  accompanied  by  the  Special  Agent.  The 
Educational  Commission  of  Boston  had  commis 
sioned  twenty-five  of  the  men  and  four  of  the 
women.  The  National  Freedman's  Relief  Asso 
ciation  of  New-York  had  commissioned  sixteen 
of  the  men  ai^d  five  of  the  women,  and  three 
women  from  Washington  City  had  received  your 
own  personal  commendation.  The  men  were  of 
various  occupations,  farmers,  mechanics,  trades 
men,  teachers,  physicans,  clergymen,  ranging  in 
age  from  twenty-one  to  sixty  years.  Not  being 
provided  with  full  topographical  knowledge  of  the 
islands,  it  was  necessary  for  the  Special  Agent  to 
explore  them  for  locations.  At  the  close  of  the 
first  fortnight  after  their  arrival,  the  entire  origi 
nal  delegation  had  been  assigned  to  districts 
which  they  had  reached.  Since  then  others  have 
arrived,  namely,  fourteen  on  March  twenty-third, 
fourteen  on  April  fourteenth,  and  a  few  at  a  later 
date,  making  in  all  seventy-four  men  and  nine 
teen  women,  who  having  been  commissioned  by 
the  Associations,  and  receiving  the  permit  of  the 
Collector  of  New- York,  have  arrived  here,  and 
been  assigned  to  posts.  Of  the  seventy-four  men, 
forty-six  were  commissioned  and  employed  by 
the  Boston  Society,  and  twenty-eight  by  that  of 
New-York.  Of  the  nineteen  women,  nine  were 
commissioned  by  the  New- York  Society,  six  by 
that  of  Boston,  one  by  that  of  Philadelphia, 
and  three  others  not  so  commissioned,  but  ap 
proved  by  yourself,  were  accepted.  Except  in 
the  case  of  the  three  women  approved  by  your 
self,  no  persons  have  been  received  into  this  ser 
vice  not  previously  approved  by  the  associations 
with  whom  you  enjoined  cooperation.  Of  the 
seventy-four  men,  twenty-four  were  stationed  on 
Port  RoyaJ  Island,  a  few  of  these  doing  special 
duty  at  Beaufort,  fifteen  on  St.  Helena,  thirteen 
on  Ladies',  nine  on  Edisto,  seven  on  Hilton  Head, 
three  on  Pinckney,  one  on  Cat  and  Cane,  one  on 
Paris,  and  one  on  Daufuskie.  A  few  of  the  above 
returned  North  soon  after  their  arrival,  so  that 
the  permanent  number  here  at  any  one  time,  duly 
commissioned  and  in  actual  service,  has  not  ex 
ceeded  seventy  men  and  sixteen  women.  The 
number  at  present  is  sixty-two  men  and  thirteen 
women.  A  larger  corps  of  superintendents  and 
teachers  might  have  been  employed  to  advantage, 
but  as  injurious  results  might  attend  the  over 
doing  of  the  work  of  supervision,  it  was  thought 
best  not  to  receive  more,  until  experience  had  in 
dicated  the  permanent  need. 

The  following  is  a  list  of  the  islands,  w  ttb  tht 


316 


REBELLION  RECORD,  1862. 


number  of  plantations  and  people  upon  them 
which  have  been  superintended  by  the  above  per 
sons  : 


Inlands.  No.  of  Plantation*. 

Port  Royal, 56 

St.  Helena  (including  Dathaw  and  Morgan,).  .53 
Ladies'   (Including  Wassa,  Coosaw,  Cat,  and 

Cane,) 81 

Hilton  Head, 15 

Pinckney, 2 

Daufuskie, 3 

Paris,....! 5 

Edisto, 21 

Hutchmson,  Beef,  and  Ashe, 8 


Total, . 


.189 


Population. 
1,909 
2,721 

1,259 
943 
423 
69 
274 

1,278 
174 

9,050 

The  above  population  is  classified  as  follows  : 
three  hundred  and  nine  mechanics  and  house 
servants  not  working  in  the  field ;  six  hundred 
and  ninety-three  old,  sickly,  and  unable  to  work ; 
three  thousand  six  hundred  and  nineteen  child 
ren,  not  useful  for  field  labor,  and  four  thousand 
four  hundred  and  twenty-nine  field-hands.  The 
field-hands  have  been  classified,  as  under  the 
former  system,  into  full,  three  quarters,  one  half, 
and  one  quarter  hands.  The  term  one  quarter 
generally  designates  boys  and  girls  of  about 
twelve  years,  just  sent  to  the  field ;  the  term  half 
applies  often  to  persons  somewhat  infirm,  and  to 
women  encicnte,  and  the  term  three  quarters  ap 
plies  to  those  doing  less  than  a  full  hand  and 
more  than  a  half  hand.  According  to  this  classi 
fication,  which  will  aid  in  arriving  at  the  effective 
force,  the  field  -hands  are  made  up  of  three  thou 
sand  two  hundred  and  two  full  hands,  two  hun 
dred  and  ninety-five  three  quarter  hands,  five 
hundred  and  ninety-seven  half  hands,  and  three 
hundred  and  thirty-five  one  quarter  hands.  Com 
muting  the  fractional  into  full  hands,  according 
to  the  custom  of  the  former  planters,  in  determin 
ing  what  crop  should  be  required  of  the  laborers, 
there  results  the  equivalent  of  three  thousand 
eight  hundred  and  five  and  a  half  full  field-hands. 
Four  thousand  and  thirty  field-hands  were  paid 
for  work  on  the  cotton  crop.  There  is,  then,  a 
difference  of  three  hundred  and  ninety-nine  be 
tween  this  number  and  the  entire  number  of  field- 
hands.  The  number  making  this  difference  do 
not  appear  to  have  worked  on  the  cotton.  Eighty- 
seven  of  them  are  found  t>n  Hutchinson,  Beef  and 
Ashe,  where  they  were  sent  from  Otter  Island, 
when  it  was  too  late  to  make  it  advisable  to 
attempt  the  planting  of  cotton.  The  statistics 
of  population  and  classified  laborers  were  taken 
some  weeks  before  the  pay-rolls  were  made,  and 
a  number  of  laborers  sought  employment  at  the 
camps  in  the  intervening  time.  Some  of  the  one 
quarter  hands  were  not  employed  in  the  cotton 
culture. 

The  mechanics  and  house-servants  on  the  plan 
tations  have  not  been  profitably  employed  —  the 
former,  because  they  had  not  proper  stock  and 
tools,  and  we  were  not  authorized  to  attempt  im 
provements  of  any  permanent  or  valuable  charac 
ter  ;  the  latter,  because  the  superintendents  were 
not  accompanied  by  their  families.  Both  classes 
were  averse  to  field-labor,  and  occasioned  consid 
erable  trouble.  Some  were  assigned  to  the  charge 
of  gardens,  and  others  went  to  the  camps.  The 


proportion  of  old,  sickly,  and  disabled  is  large. 
The  fugitive  masters,  who  forced  away  many  of 
their  other  slaves,  were  willing  to  leave  these. 
The  amount  of  disability  among  the  people  is 
generally  quite  large,  due  to  moral  and  physical 
causes.  There  appears  to  be  a  want  of  vital  en 
ergy  in  them  such  as  often  carries  a  feeble  person 
safely  through  great  toil  and  vexation.  This  may 
be  ascribed  partially  to  their  vegetable  diet,  and 
partially  to  their  former  condition,  which  has 
nothing  in  it  to  give  strength  to  will  or  purpose. 
Their  bedding  and  sleeping  apartments  are  un 
suitable,  and  at  night  they  sleep  on  the  floor 
without  change  of  clothing.  As  boatmen  they 
are  often  exposed,  and  do  not  properly  care  for 
themselves  after  exposure.  During  this  season 
small-pox  has  been  prevalent,  and  deranged  the 
labor  on  several  plantations.  For  the  purpose  of 
staying  it  there  was  a  general  vaccination,  and  a 
hospital  was  established  on  Port  Royal  Island, 
and  put  under  the  care  of  a  physician  employed 
by  one  of  the  benevolent  associations.  Six  phy 
sicians  have  been  employed  and  paid  by  them. 
It  was  an  entirely  inadequate  corps  for  so  exten 
sive  a  territory,  particularly  as  it  was  impossible 
to  procure  for  them  reasonable  means  of  convey 
ance. 

Since  the  above  statistics  were  prepared,  some 
two  hundred  fugitives  have  come  to  Port  Royal 
and  Edisto,  and  have  been  distributed  on  the 
plantations.  Besides,  the  table  does  not  include 
negroes  at  any  of  the  camps  as  at  Beaufort,  Hil 
ton  Head,  Bay  Point,  and  Otter  Island,  who  are 
under  the  control  of  the  Quartermaster  Depart 
ment.  These  will  amount,  with  their  families,  to 
two  thousand  persons,  or  more.  They  have  not 
been  under  the  Treasury  Department,  but  they 
have  been  instructed  by  the  teachers  and  attend 
ed  by  the  physicians,  and  they  have  shared  in  the 
distribution  of  clothing  contributed  by  the  asso 
ciations.  The  able-bodied  men  have  been  em 
ployed  on  wages,  very  much  relieving  the  soldiers 
of  fatigue-duty. 

Some  of  the  smaller  of  the  above  islands  have 
only  been  visited  by  the  superintendents,  who  are 
stationed  on  other  islands — the  visits  being  made 
two  or  three  times  a  week. 

Five  of  the  women  authorized  as  above  have 
resided  at  the  junction  of  Ladies'  and  St.  Helena 
Islands.  The  rest  have  resided  on  Port  Ro}^al, 
most  of  those  on  Port  Royal  living  at  Beaufort. 
Their  labors  have  been  directed,  some  to  teaching 
daily  schools  and  others  to  the  distribution  of 
clothing,  to  the  visitation  of  the  sick  among  these 
people,  and  to  endeavors  for  the  improvement  of 
their  household  life.  They  have  been  welcomed 
on  plantations  where  no  white  woman  had  been 
seen  since  our  military  occupation  began.  A  cir 
cle  at  once  formed  around  them,  the  colored  wo 
men  usually  testifying  their  gladness  by  offering 
presents  of  two  or  three  eggs.  Their  genial  pre- 
lence,  wherever  they  have  gone,  has  comforted 
and  encouraged  these  people,  and  without  the  co 
operation  of  refined  and  Christian  women  the  best 
part  of  this  work  of  civilizat  on  must  ever  remain 
undone. 


DOCUMENTS. 


317 


The  superintendents  have  generally  had  five  or 
six  plantations  in  charge,  sometimes  one,  aided 
by  a  teacher,  having  under  him  three,  four,  and 
even  five  hundred  persons.  The  duty  of  each 
has  been  to  visit  all  the  plantations  under  him  as 
often  as  practicable,  some  of  which  are  one,  two, 
three,  and  even  four  miles  from  his  quarters  — 
transport  to  them  implements  from  the  store 
houses,  protect  the  cattle  and  other  public  pro 
perty  upon  them,  converse  with  the  laborers,  ex 
plaining  to  them  their  own  new  condition,  the 
purposes  of  the  Government  towards  them,  what 
is  expected  of  them  in  the  way  of  labor,  and  what 
remuneration  they  are  likely  to  receive  ;  procure 
and  distribute  among  them  clothing  and  food, 
whether  issued  in  army  rations  or  contributed  by 
the  benevolent  associations ;  collecting  the  mate 
rials  of  a  census  ;  making  reports  of  the  condition 
and  wants  of  the  plantations  and  any  peculiar 
difficulties  to  the  Special  Agent ;  drawing  pay 
rolls  for  labor  on  cotton,  and  paying  the  amounts ; 
going  when  convenient  to  the  praise  meetings, 
and  reading  the  Scriptures  ;  instructing  on  Sun 
days  and  other  days  those  desirous  to  learn  to 
read,  as  much  as  time  permitted;  attending  to 
cases  of  discipline,  protecting  the  negroes  from 
injuries,  and  in  all  possible  ways  endeavoring  to 
elevate  them,  and  prepare  them  to  become  worthy 
and  self-supporting  citizens.  Such  were  some  of 
the  labors  cast  upon  the  superintendents,  for 
which,  as  they  were  without  precedent  in  our  his 
tory,  none  could  have  had  special  experience,  and 
for  which,  in  many  cases  of  difficulty,  they  were 
obliged  to  act  without  any  precise  instructions 
from  the  Special  Agent,  as  he  had  received  none 
such  from  the  Government.  In  a  very  few  in 
stances  there  appeared  a  want  of  fitness  for  the 
art  of  governing  men  under  such  strange  circum 
stances,  but  in  none  a  want  of  just  purpose. 
Many  toiled  beyond  their  strength,  and  nearly  all 
did  more  than  they  could  persevere  in  doing. 

A  knowledge  of  the  culture  of  cotton  was  found 
not  necessary  in  a  superintendent,  though  it  would 
have  facilitated  his  labors.  On  this  point  the  la 
borers  were  often  better  informed  than  their  for 
mer  masters.  Indeed,  those  persons  who  might 
already  have  possessed  this  knowledge,  and  ap 
plied  for  the  post  of  superintendent,  would  have 
been  likely  in  gaining  it  to  have  acquired  ideas 
of  the  negroes  as  slaves,  and  of  the  mode  of  deal 
ing  with  them  as  such,  prejudicial  to  their  success 
in  this  enterprise.  The  duty  to  be  performed 
has  consisted  so  much  in  explaining  to  the  labor 
ers  their  new  condition  and  their  relations  to  the 
Government,  and  in  applying  the  best  spiritual 
forces  to  their  minds  and  hearts,  that  just  pur 
poses,  and  good  sense,  and  faith  in  the  work  have 
been  of  far  more  consequence  than  any  mere  ex 
perience  in  agriculture  ;  and,  even  in  the  more 
practical  matters,  those  who  had  the  most  in 
spiration  for  the  service  were  found  the  most  fer 
tile  in  resources  and  the  most  cheerful  and  pa 
tient  in  encountering  vexations  and  inconveni 
ences.  It  would  not  be  easy  again  to  combine  in 
a  body  of  men  so  much  worth  and  capacity,  and 
it  is  but  a  deserved  tribute  to  say  that  but  for 

SUP.  Doc.  20 


their  unusual  zeal  and  devotion  under  many  ad 
verse  influences,  added  to  the  intrinsic  difficulty 
of  the  work  itself,  this  enterprise,  on  which  patri 
otism  and  humanity  had  rested  their  faith,  would 
have  failed  of  the  complete  success  which  has 
hitherto  attended  it. 

It  is  proper  to  add  that  an  accomplished  woman 
accepted  the  superintendence  of  a  single  planta 
tion,  in  addition  to  other  duties  for  which  she 
specially  came,  and  carried  it  on  successfully. 

Upon  the  arrival  of  the  superintendents  tho 
plantations  were  generally  unsupplied  with  tools, 
even  hoes,  those  on  hand  being  the  tools  used  last 
year,  and  a  few  found  in  the  shops  at  Beaufort. 
Some  three  thousand  dollars'  worth  of  ploughs, 
hoes,  and  other  implements  and  seeds  were  in 
tended  to  come  with  the  superintendents.  The 
negroes  had  commenced  putting  corn  and  pota 
toes  into  their  own  patches,  and  in  some  cases 
had  begun  to  prepare  a  field  of  corn  for  the  plan 
tation.  No  land  had  been  prepared  for  cotton, 
and  the  negroes  were  strongly  indisposed  to  its 
culture.  They  were  willing  to  raise  corn,  because 
it  was  necessary  for  food,  but  they  saw  no  such 
necessity  for  cotton,  and  distrusted  promises  of 
payment  for  cultivating  it.  It  had  enriched  the 
pasters,  but  had  not  fed  them.  Soldiers  passing 
over  the  plantations  had  told  them  in  careless 
speech  that  they  were  not  to  plant  cotton.  As 
this  was  a  social  experiment  in  which  immediate 
industrial  results  were  expected,  it  seemed  im 
portant  that  all  former  modes  of  culture  should 
be  kept  up,  and  those  products  not  neglected  for 
which  the  district  is  best  adapted,  and  which,  in 
time  of  peace,  should  come  from  it.  Besides, 
when  a  people  are  passing  through  the  most  radi 
cal  of  all  changes,  prudence  requires  that  all  old 
habits  and  modes  not  inconsistent  with  the  new 
condition  should  be  conserved.  Particularly  did 
it  seem  desirable  that  the  enemies  of  free  labor 
in  either  hemisphere  should  not  be  permitted  to 
say  exultingly,  upon  the  view  of  a  single  season's 
experiment  here,  that  a  product  so  important  to 
trade  and  human  comfort  could  not  be  cultivated 
without  the  forced,  unintelligent,  and  unpaid  labor 
of  slaves.  Therefore  no  inconsiderable  effort  was 
made  to  disabuse  the  laborers  of  their  pretty 
strong  prejudice  on  this  point,  and  to  convince 
them  that  labor  on  cotton  was  honorable,  remu 
nerative,  and  necessary  to  enable  them  to  buy 
clothing  and  the  fitting  comforts  they  desired. 
It  was  not  made  in  vain  ;  and  its  necessity  would 
in  the  main  have  been  dispensed  with  if  we  had 
had  in  the  beginning  the  money  to  pay  for  the 
labor  required,  and  the  proper  clothing  and  food 
to  meejj  the  just  wants  and  expectations  of  the 
laborers.  At  the  same  time,  the  importance  of 
raising  an  adequate  supply  of  provisions  was  en 
joined,  and  with  entire  success.  On  this  point 
there  was  no  trouble.  The  amount  of  these 
planted  is  equal  to  that  of  last  year  in  proportion 
to  the  people  to  be  supplied,  and  probably  ex 
ceeds  it.  The  negro  patches  are  far  larger  than 
ever  before,  and  as  these  had  been  begun  before 
we  arrived,  we  were  unable  to  make  them  equal 
on  the  different  plantations.  They  alone  in  a  fair 


318 


REBELLION  RECORD,  1862. 


season,  and  if  harvested  in  peace,  would  probably 
prevent  any  famine.  On  the  whole,  it  is  quite 
certain  that  without  the  system  here  put  in  opera 
tion  the  mass  of  the  laborers,  if  left  to  themselves 
and  properly  protected  from  depredations  and 
demoralization  by  white  men,  would  have  raised 
on  their  negro  patches  corn  and  potatoes  suffi 
cient  for  their  food,  though  without  the  incentives 
and  moral  inspirations  thereby  applied,  they 
would  have  raised  no  cotton,  and  had  no  export 
able  crop,  and  there  might,  under  the  uncertain 
ties  of  the  present  condition  of  things,  have  been 
a  failure  of  a  surplus  of  corn  necessary  for  cattle 
and  contingencies,  and  for  the  purchase  of  needed 
comforts.  There  is  no  disposition  to  claim  for 
the  movement  here  first  initiated  that  it  is  the 
only  one  by  which  the  people  of  this  race  can  be 
raised  from  the  old  to  the  new  condition,  provided 
equal  opportunities  and  an  equal  period  for  de 
velopment  are  accorded  to  them  as  to  communi 
ties  of  the  white  race.  But  it  seems  to  have  been 
the  only  one  practicable  where  immediate  mate 
rial  and  moral  results  were  to  be  reached,  and 
upon  a  territory  under  military  occupation. 

The  preparation  of  the  ground  for  planting  be 
gins  usually  about  February  first.  It  was  not 
until  March  twenty-fourth  that  the  superintend 
ence  of  the  plantations  under  the  present  sys 
tem  can  be  said  to  have  been  in  operation — the 
first  fortnight  being  occupied  by  the  superintend 
ents,  upon  their  stations  being  assigned,  in  going 
to  them  with  a  moderate  supply  of  implements. 
The  planting,  except  of  the  slip  potatoes,  which 
are  planted  in  July,  some  cow-peas  and  a  small 
quantity  of  corn,  closed  in  the  week  ending  with 
May  tenth.  Each  superintendent,  in  response  to 
a  call  from  the  Special  Agent,  has  furnished  a 
written  statement  of  the  acres  of  cotton,  corn, 
potatoes,  and  vegetables,  then  planted  on  each 
plantation  in  his  district,  with  an  estimate  of  the 
amount  thereafter  to  be  planted,  the  figures  of 
which  have  been  arranged  in  a  tabular  form,  pre 
senting  the  amount  of  each  kind  on  all  the  plan 
tations  on  all  the  islands  where  agricultural  ope 
rations  are  being  carried  on  under  the  protection 
of  our  forces.  It  is  with  pleasure  that  the  aggre 
gate  results  is  here  submitted.  It  makes  (adding 
the  negro  patches  to  the  corn-fields  of  the  plan 
tations)  8814  7-8  acres  of  provisions  (corn,  po 
tatoes,  etc.)  planted,  5480  11-100  acres  of  cotton 
planted— in  all,  13,794  98-100  acres  of  provisions 
and  cotton  planted.  Adding  to  these  the  2394 
acres  of  late  corn,  to  a  great  extent  for  fodder, 
cow-peas,  etc.,  to  be  planted,  and  the  crop  of 
this  year  presents  a  total  of  16,188  98-100  acres. 
The  crops  are  growing,  and  are  in  gooq^  condi 
tion.  They  have  been  cultivated  writh  the  plough 
and  hoe,  and  the  stalks  of  cotton  have  been  thin 
ned,  as  is  usual  at  this  stage  of  their  growth. 
They  are  six  or  eight,  and  in  some  fields  twelve, 
inches  high.  Next  month  will  close  the  work  of 
cultivation. 

Notwithstanding  the  recent  withdrawal  of  six 
hundred  able-bodied  men  from  the  plantations 
for  military  purposes,  a  very  large  proportion  of 
the  working  force,  the  spirit  of  the  laborers  has 


so  improved  that,  according  to  present  expecta 
tions,  only  a  small  proportion  of  the  above  acres 
already  planted  will  have  to  be  abandoned.  The 
effect  of  the  order  will,  however,  be  to  diminish 
the  number  of  acres  to  be  planted,  as  the  esti 
mate  was  made  just  before  it  was  issued. 

The  statistical  table  presenting  the  aggregate 
result  on  each  island  is  here  introduced.  The 
full  tabular  statement,  giving  the  amount  of  each 
crop  planted  on  each  of  the  one  hundred  and 
eighty-nine  plantations,  also  accompanies  this 
report. 


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CO    <Nr1    CO      rl 


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M7«  C-l  t-»  O 

£  TH  «  o  » 

CO  CN  t-r-i  rH 


1  gg  §  g§ 

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t^    t^rt    o    ooi 


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fijilj.-liii  s 

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Satisfactory  as  the  result  is,  the  crop  would 
have  been  considerably  larger,  but  for  several  un 
favorable  circumstances. 


DOCUMENTS. 


319 


Tn  the  first  place,  the  laborers  had  just  passed 
through  four  months  of  idleness  and  confusion, 
during  which  the  only  labor  done  by  the  great 
mass  of  them  was  upon  the  baling  and  local  trans 
portation  of  the  cotton.  During  this  time  they 
had  no  assurances  as  to  their  future,  no  regular 
employment,  no  care  of  their  moral  interests,  no 
enlightenment  as  to  their  relations  to  this  war, 
except  the  careless  and  conflicting  talk  of  soldiers 
who  chanced  to  visit  the  plantations,  and  whose 
conduct  toward  them  did  not  always  prepossess 
them  in  favor  of  the  ideas  of  Northern  men  as  to 
the  rights  of  property  or  the  honor  of  women. 
The  effects  of  this  injurious  season  had  to  be  met 
at  the  threshold,  and,  as  far  as  could  be,  removed. 

The  usual  season  for  preparing  for  a  crop  had 
already  advanced  six  weeks  before  the  superin 
tendence  and  the  distribution  of  implements  com 
menced.  Besides  the  labor  thus  lost,  there  was 
no  time  to  devise  useful  plans  for  abridging  it,  and 
so  conducting  it  as  to  be  able  to  ascertain  defin 
itely  what  each  had  done,  and  to  how  much  each 
was  entitled.  The  working  of  all  the  hands  to 
gether  is  not  the  best  mode  for  this  purpose,  but 
we  had  no  time  to  change  the  course  pursued  the 
year  before.  In  the  future  it  will  probably  be 
found  that  when  there  is  time  to  arrange  accord-, 
ingly,  the  best  mode  will  be  to  assign  a  piece  of } 
land  to  each  laborer,  and  thus  the  amount  done 
and  the  proportionate  compensation  due,  can  be 
more  justly  fixed.  Nothing  is  found  to  discour 
age  faithful  laborers  so  much  as  to  see  the  indo 
lent  fare  as  well  as  themselves.  Even  now,  since 
the  close  of  planting,  some  of  the  superintendents, 
impressed  with  this  difficulty,  have  allotted  pieces 
of  ground  in  that  way,  and  they  report  that  this 
plan  works  well.  It  will,  besides,  introduce  ideas 
of  independent  proprietorship  on  the  part  of  the 
laborers,  not  so  likely  to  come  from  what  is  called 
the  "gang"  system.  The  same  cause,  namely, 
the  lateness  of  the  season,  together  with  the  in 
sufficient  means  of  fencing,  required  the  selection 
of  such  fields  for  cultivation  as  could  be  best  pro 
tected  from  cattle,  and  not  such  as  could  be  most 
easily  and  productively  worked. 

There  was  an  inadequate  supply  of  implements 
when  the  work  commenced.  A  small  quantity, 
less  than  that  required,  was  purchased,  and  was 
to  have  been  sent  with  the  superintendents,  but 
by  some  accident  the  larger  part  of  the  hoes  and 
some  other  articles  were  left  behind,  and  did  not 
come  till  some  weeks  later. 

The  plantations  were  bereft  of  mules  and  horses 
necessary  for  ploughing  and  carting  manure.  The 
former  owners  had  taken  away  the  best  in  many 
cases,  and  nearly  all  the  workable  mules  arid 
horses  remaining  had  been  seized  by  our  army 
for  quartermaster  and  commissary  service.  On 
a  long  list  of  plantations  not  a  mule  was  left  to 
plough.  Others  had  one  only,  and  that  one  blind 
or  lame.  On  none  was  there  the  former  number. 
The  oxen  had  to  a  great  extent  been  slaughtered 
for  beef.  The  laborers  had  become  vexed  and 
dispirited  at  this  stripping  of  the  plantations,  and 
they  had  no  heart  to  attempt  the  working  of  them 
productively.  Indeed,  in  some  cases,  it  did  seem 


like  requiring  them  to  make  bricks  without  straw. 
At  last,  in  answer  to  a  pressing  appeal  to  the 
Treasury  Department  by  the  Special  Agent,  ninety 
mules  were  forwarded  from  New- York,  forty  ar 
riving  at  Beaufort  on  the  eighteenth  April,  and 
fifty  on  the  twenty-first.  Within  three  days  after 
their  arrival  they  were  distributed,  except  some 
dozen  intended  for  localities  not  easily  accessible. 
This  was  a  most  necessary  consignment.  It 
made  the  hand-labor  available,  and  showed  the 
laborers  that  the  Government  was  in  earnest  in 
carrying  on  the  plantations.  This  recognition 
of  their  just  complaints  helped  to  give  confi 
dence.  This  reenforcement  of  the  implements 
of  labor  must  have  added  not  far  from  two  thou 
sand  acres  to  the  crop  of  this  year,  and  perhaps 
even  more. 

Another  difficulty  was  found  in  the  destitution 
of  corn  prevalent  in  many  districts,  as  Port  Royal, 
Hilton  Head,  and  Paris  Islands.  In  some  locali 
ties  it  had  been  burned  by  the  rebels.  It  had 
been  taken  in  large  quantities  by  our  army  for 
forage  under  orders  of  General  Sherman,  and  the 
result  indicated  as  soon  at  hand  in  the  report  of 
the  Special  Agent  of  February  third,  had  already 
arrived.  The  first  week  after  the  return  of  the 
Special  Agent  here,  was  passed  in  exploring  loca 
tions  for  superintendents  on  Port  Royal.  Every 
where  he  was  met  with  complaints  that  there 
was  no  corn  or  provisions.  A  few  rations  had 
been  doled  out,  but  only  on  a  few  plantations, 
and  without  system  or  regularity.  It  took  some 
two  or  three  weeks  there,  and  longer  on  other 
islands,  to  get  a  system  in  operation  under  which 
the  negroes,  where  the  corn  had  been  taken,  or 
there  was  destitution,  should  receive  a  part  of  a 
soldier's  ration.  From  Ladies'  Island  the  corn 
had  been  taken  largely,  and  it  was  thought  it 
might  be  supplied  by  a  possible  surplus  on  St. 
Helena.  On  these  islands  there  was  considerable 
discontent  on  account  of  the  exclusive  diet  of 
hominy,  and  a  great  call  for  meat,  molasses,  and 
salt.  On  some  of  the  best  conducted  plantations 
these  articles  had  formerly  been  furnished  by  the 
planters  in  small  quantities  at  some  seasons.  So 
many  cattle  had  been  taken  by  the  army  for  beef, 
that  following  his  instructions,  which  required 
him  to  prevent  the  deterioration  of  the  estates,  the 
Special  Agent  hesitated  to  continue  the  slaugh 
ter.  Salt  was  twice  furnished  to  these  two  islands 
by  a  special  purchase — a  quart  being  given  to  a 
family.  At  length  a  consignment  of  two  thousand 
dollars'  worth  of  provisions,  for  which  an  appeal 
had  been  made  early  in  March,  consisting  of  bacon, 
fish,  molasses,  and  salt,  arrived,  being  delayed  by 
many  accidents,  and  forwarded  by  the  Port  Royal 
Relief  Committee  of  Philadelphia.  Bacon  and 
fish,  to  the  amount  of  three  pounds  of  the  former, 
and  one  pound  of  the  latter  to  a  grown  person, 
were  distributed  May  fifteenth,  and  a  distribution 
of  molasses  has  since  been  made  of  one  quart  to 
a  ftimily.  The  laborers  have  been  greatly  encour 
aged  by  this  distribution,  and  if  it  could  have 
been  made  earlier,  or  rations  could  have  been 
issued  earlier,  the  crop  would  have  been  increased, 
and  we  should  have  been  relieved  of  many  griev 


320 


REBELLION"  RECORD,  1862. 


ous  complaints,  the  justice  of  which  we  were  com- j 
pelled  to  confess  without  the  power  to  meet  them,  j 

Again,  the  laborers  had  but  very  little  confi- 1 
dence  in  the  promises  of  payment  made  by  us  on  j 
behalf  of  the  Government.  The  one  per  cent  a 
pound  which  had  been  promised  on  the  last  year's 
crop  of  cotton,  mostly  stored  when  our  military 
occupation  began,  and  for  the  baling  and  local 
transportation  of  which  the  laborers  had  been  em 
ployed  in  November  and  December  last,  had  not 
been  paid.  This  sum,  even  if  paid,  was  entirely 
inadequate  to  supply  the  needed  clothing  and 
other  wants,  and  it  would  seem  that  the  laborers 
were  fairly  entitled  upon  the  taking  of  the  cotton 
which  they  had  raised,  to  have  been  paid  for  the 
labor  expended  by  them  in  raising  it,  or  if  they 
were  to  be  paid  only  for  the  labor  of  baling  and 
transporting,  that  they  should  have  been  provided 
with  the  winter  clothing  which  their  masters  had 
not  furnished  before  they  left  The  destitution 
of  clothing  was  such  as  to  produce  much  discon 
tent,  subsequently  relieved  to  a  considerable  ex 
tent  by  the  benevolent  associations. 

The  Special  Agent  was  not  provided  with  funds 
to  pay  for  labor  on  this  year's  crop  until  April 
twenty-eighth.  Then  the  moderate  sum  of  ^pne 
dollar  per  acre  was  paid  for  cotton  planted  by 
April  twenty-third,  being  distributed  among  the 
laborers  according  to  the  amount  done  by  each. 
This  was  paid  on  account,  the  question  of  the 
value  of  the  labor  already  done  being  reserved. 
This  payment  quickened  the  laborers  very  much, 
and  the  work  went  rapidly  forward  until  May 
tenth,  when  the  time  for  closing  the  regular  plant 
ing  season  arrived.  Indeed,  from  the  beginning, 
where  they  could  clearly  see  that  they  were  to 
receive  the  rewards  of  their  labor,  they  worked  f 
with  commendable  diligence.  Thus  they  worked  I 
diligently  on  their  negro  patches  at  the  time  when  | 
we  had  the  most  difficulty  in  securing  the  full ' 
amount  of  proper  work  on  the  plantations.  Not 
the  least  among  our  troubles  was,  that  many  able- 
bodied  men  had  gone  to  the  camps  at  Beaufort, 
Hilton  Head,  and  Bay  Point,  where  they  were 
profitably  employed  on  wages,  occasionally  re 
turning  to  the  plantations  on  which  their  wives 
remained,  to  display  their  earnings  and  produce 
discontent  among  the  unpaid  laborers  on  them. 

No  money  has  been  paid  for  the  planting  of 
corn,  or  of  vegetables,  except  in  the  case  of  a 
large  garden  of  ten  acres,  it  being  expected  that 
these  products  will  be  consumed  on  the  planta 
tions.  A  second  payment  for  the  cotton  planted 
since  April  twenty-third,  and  at  the  same  rate  as 
the  first,  has  been  made.  In  all,  the  sum  of  five 
thousand  four  hundred  and  seventy-nine  dollars 
and  sixty-five  cents  has  been  paid  for  5480  11-100 
acres  of  cotton,  with  ten  dollars  more  for  the  gar 
den  of  vegetables.  Four  thousand  and  thirty  per 
sons  received  their  proportions  of  this  sum.  Small 
as  the  payment  was,  the  laborers  received  it  with 
great  satisfaction,  as,  if  nothing  more,  it  was  at 
least  a  recognition  of  their  title  to  wages,  and 
to  treatment  as  freemen.  Accurate  pay-rolls  for 
each  plantation,  with  the  name  of  each  laborer 


and  the  amount  paid,  and  certified  by  the  super 
intendents,  are  preserved. 

These  drawbacks  are  not  stated  with  any  in 
tention  to  cast  blame  on  the  Government,  already 
overcharged  with  transcendent  duties ;  but  it 
seemed  fitting  to  mention  them,  in  order  to  do 
full  justice  to  laborers  who  are  passing  from  one 
condition  to  another. 

The  order  of  Major-Gen.  Hunter  compelling  tha 
able-bodied  men  to  go  to  Hilton  Head  on  May 
twelfth,  where  a  proportion  of  them  still  remain 
against  their  will,  produced  apprehension  among 
these  people  as  to  our  intentions  in  relation  to 
them,  and  disturbed  the  work  on  the  plantations, 
the  force  of  which  has  been  greatly  reduced,  leav 
ing  the  women,  and  children  over  twelve  years 
of  age,  as  the  main  reliance  on  many  plantations. 
The  Special  Agent  entered  a  protest  against  the 
order  and  its  harsh  execution,  and  the  retention 
of  any  not  disposed  to  enlist ;  but  the  civil  being 
subordinate  to  military  power,  no  further  action 
could  be  taken. 

The  cases  of  discipline  for  idleness  have  been 
very  few,  and  cannot  have  exceeded,  if  they  have 
equalled,  forty  on  the  islands.  These  have  been 
reported  to  the  militar}'"  authorities  and  been  acted 
upon  by  them.  The  most  trouble  has  been  upon 
plantations  lying  exposed  to  the  camps  and  ves 
sels  both  of  the  navy  and  sutlers,  as  on  Hilton 
Head  Island  and  on  St.  Helena  near  Bay  Point, 
where  there  were  considerable  discontent  and  in 
subordination  induced  by  visits  from  the  ves 
sels  and  camps.  This  trouble,  it  is  hoped,  will 
hereafter  be  removed  by  a  more  effective  police 
system  than  has  yet  been  applied. 

It  is  not  pretended  that  many  of  these  laborers 
could  not  have  done  more  than  they  have  done, 
or  that  in  persistent  application  they  are  the 
equals  of  races  living  in  colder  and  more  bracing 
latitudes.  They  generally  went  to  their  work 
quite  early  in  the  morning,  and  returned  at  noon, 
often  earlier,  working,  however,  industriously 
while  they  were  in  the  field.  Late  in  the  after 
noon,  they  worked  upon  their  private  patches. 
They  protested  against  working  on  Saturdays. 
A  contrary  rule  was,  however,  prescribed  and 
enforced,  and  they  did  double  work  on  Friday 
in  order  to  secure  for  themselves  the  day  follow 
ing.  As  they  were  making  themselves  self-sup 
porting  by  the  amount  of  work  which  could  be 
obtained  from  them  without  discipline,  it  was 
thought  advisable,  under  the  present  condition 
of  things,  not  to  exact  more,  but  to  await  the 
full  effect  of  moral  and  material  inspirations, 
which  can  in  time  be  applied. 

What  has,  nevertheless,  been  accomplished 
with  these  obstructions,  with  all  the  uncertain 
ties  incident  to  a  state  of  war,  and  with  our  own 
want  of  personal  familiarity  at  first  with  the  indi 
vidual  laborers  themselves,  gives  the  best  reason 
to  believe  that  under  the  guidance  and  with  the 
help  of  the  fugitive  masters,  had  they  been  so 
disposed,  these  people  might  have  made  their 
way  from  bondage  and  its  enforced  labor  to  free 
dom  and  its  voluntary  and  compensated  labor 


DOCUMENTS. 


321 


without  any  essential  diminution  of  products  or 
any  appreciable  derangement  of  social  order.  In 
this  as  in  all  things  the  universe  is  so  ordered 
that  the  most  beneficent  revolutions,  which  cost 
life  and  treasure,  may  be  accomplished  justly 
and  in  peace,  if  men  have  only  the  heart  to  ac 
cept  them. 

The  contributions  of  clothing  from  the  benevo 
lent  associations  have  been  liberal ;  but  liberal  as 
they  have  been,  they  have  failed  to  meet  the  dis 
tressing  want  which  pervaded  the  territory.  The 
masters  had  left  the  negroes  destitute,  not  hav 
ing  supplied  their  winter  clothing  when  our  forces 
had  arrived,  so  that  both  the  winter  and  spring 
clothing  had  not  been  furnished.  From  all  ac 
counts  it  would  also  seem  that  since  the  war  be 
gan  the  usual  amount  of  clothing  given  had  been 
much  diminished.  That  contributed  by  the  as 
sociations  cannot  fall  below  ten  thousand  dollars. 
It  has  produced  a  most  marked  change  in  the 
general  appearance,  particularly  on  Sundays  and 
at  the  schools,  and  tended  to  inspire  confidence 
in  the  superintendents. 

It  would  have  been  almost  useless  to  attempt 
labors  for  moral  or  religious  instruction  without 
the  supplies  thus  sent  to  clothe  the  naked.  A 
small  amount,  where  there  were  an  ability  and 
desire  to  pay,  has,  with  the  special  authority  of 
the  societies,  been  sold,  and  the  proceeds  returned 
to  them  to  be  reinvested  for  the  same  purpose. 
The  rest  has  been  delivered,  without  any  money 
being  received.  In  the  case  of  the  sick  and  dis 
abled  it  is  donated,  and  in  case  of  those  healthy 
and  able  to  work  it  has  been  charged  without  ex 
pectation  of  money  to  be  paid,  that  being  thought 
to  be  the  best  course  to  prevent  the  laborers  from 
regarding  themselves  as  paupers,  and  as  a  possi 
ble  aid  to  the  Government  in  case  prompt  pay 
ments  for  labor  should  not  be  made. 

It  is  most  pleasing  to  state  that,  with  the  small 
payments  for  labor  already  made,  those  also  for 
the  collection  of  cotton  being  nearly  completed, 
•wath  the  partial  rations  on  some  islands  and  the 
supplies  from  benevolent  sources  on  others,  with 
the  assistance  which  the  mules  have  furnished 
for  the  cultivation  of  the  crop — the  general  kind 
ness  and  protecting  care  of  the  superintendents 
— the  contributions  of  clothing  forwarded  by  the 
associations — the  schools  for  the  instruction  of 
the  children  and  others  desirous  to  learn — with 
these  and  other  favorable  influences,  confidence 
in  the  Government  has  been  inspired,  the  labor 
ers  are  working  cheerfully,  and  they  now  present 
to  the  world  the  example  of  a  well-behaved  and 
self-supporting  peasantry  of  which  their  country 
has  no  reason  to  be  ashamed. 

The  educational  labors  deserve  a  special  state 
ment.  It  is  to  be  regretted  that  more  teachers 
nad  not  been  provided.  The  labor  of  superin 
tendence  at  the  beginning  proved  so  onerous  that 
several  originally  intended  to  be  put  in  charge  of 
schools,  were  necessarily  assigned  for  the  other 
purpose.  Some  fifteen  persons  on  an  average 
have  been  specially  occupied  with  teaching,  and 
of  these  four  were  women.  Others,  having  less 
superintendence  to  attend  to,  were  able  to  devote 


considerable  time  to  teaching  at  regular  hours. 
Nearly  all  gave  some  attention  to  it,  more  or  less 
according  to  their  opportunity,  and  their  aptitude 
for  the  work. 

The  educational  statistics  are  incomplete,  only 
a  part  of  the  schools  having  been  open  for  two 
months,  and  the  others  having  been  opened  at 
intervals  upon  the  arrival  of  persons  designated 
for  the  purpose.  At  present,  according  to  the 
reports,  two  thousand  five  hundred  persons  are 
being  taught  on  week-days,  of  whom  not  far  from 
one  third  are  adults  taught  when  their  work  is 
done.  But  this  does  not  complete  the  number 
occasionally  taught  on  week-days  and  at  the 
Sunday-schools.  Humane  soldiers  have  also  aid 
ed  in  the  case  of  their  servants  and  others. 
Three  thousand  persons  are  in  all  probability  re 
ceiving  more  or  less  instruction  in  reading  on 
these  islands.  With  an  adequate  force  of  teach 
ers  this  number  might  be  doubled,  as  it  is  to  be 
hoped  it  will  be  on  the  coming  of  autumn.  The 
reports  state  that  very  many  are  now  advanced 
enough  so  that  even  if  the  work  should  stop  here 
they  would  still  learn  to  read  by  themselves. 
Thus  the  ability  to  read  the  English  language 
has  been  already  so  communicated  to  these  peo 
ple  that  no  matter  what  military  or  social  vicissi 
tudes  may  come,  this  knowledge  can  never  perish 
from  among  them. 

There  have  been  forwarded  to  the  Special  Agent 
the  reports  of  the  teachers,  and  they  result  in  a 
remarkable  concurrence  of  testimony.  All  unite 
to  attest  the  universal  eagerness  to  learn,  which 
they  have  not  found  equalled  in  white  persons, 
arising  both  from  the  desire  for  knowledge  com 
mon  to  all,  and  the  desire  to  raise  their  condition, 
now  very  strong  among  these  people.  The  re 
ports  on  this  point  are  cheering,  even  enthusias 
tic,  and  sometimes  relate  an  incident  of  aspiration 
and  affection  united  in  beautiful  combination. 
One  teacher  on  his  first  day's  school,  leaves  in 
the  rooms  a  large  alphabet  card,  and  the  next 
day  returns  to  find  a  mother  there  teaching  her 
little  child  of  three  years  to  pronounce  the  first 
letters  of  the  alphabet  she  herself  learned  the  day 
before.  The  children  learn  without  urging  by 
their  parents,  and  as  rapidly  as  white  persons  of 
the  same  age,  often  more  so,  the  progress  being 
quickened  by  the  eager  desire. 

One  teacher  reports  that  on  the  first  day  of 
her  school  only  three  or  four  knew  a  part  of  their 
letters,  and  none  knew  all.  In  one  week  seven 
boys  and  six  girls  could  read  readily  words  of 
one  syllable,  and  the  following  week  there  were 
twenty  in  the  same  class.  The  cases  of  dulness 
have  not  exceeded  those  among  the  whites.  The 
mulattoes,  of  whom  there  are  probably  not  more 
than  five  per  cent  of  the  entire  population  on  the 
plantations,  are  no  brighter  than  the  children  of 
pure  African  blood.  In  the  schools  which  have 
been  opened  for  some  weeks,  the  pupils  who  have 
regularly  attended  have  passed  from  the  alpha 
bet,  and  are  reading  words  of  one  syllable  in 
large  and  small  letters.  The  lessons  have  been 
confined  to  reading  and  spelling,  except  in  a  few 
cases  where  writing  has  been  taught 


322 


REBELLION  RECORD,  1862. 


There  has  been  great  apparent  eagerness  to 
learn  among  the  adults  and  some  have  progressed 
well.  They  will  cover  their  books  with  care, 
each  one  being  anxious  to  be  thus  provided,  car 
ry  them  to  the  fields,  studying  them  at  intervals 
of  rest,  and  asking  explanations  of  the  superin 
tendents  who  happen  to  come  along.  But  as 
the  novelty  wore  away,  many  of  the  adults  find 
ing  perseverance  disagreeable,  dropped  oif.  Ex 
cept  in  rare  cases  it  is  doubtful  whether  adults 
over  thirty  years,  although  appreciating  the  pri 
vilege  for  their  children,  will  persevere  in  con 
tinuous  study  so  as  to  acquire  the  knowledge  for 
themselves.  Still,  when  books  and  newspapers 
are  read  in  negro  houses,  many,  inspired  by  the 
example  of  their  children,  will  be  likely  to  under 
take  the  labor  again. 

It  is  proper  to  state  that  while  the  memory  in 
colored  children  is  found  to  be,  if  any  thing,  live 
lier  than  in  the  white,  it  is  quite  probable  that 
further  along,  when  the  higher  faculties  of  com 
parison  and  combination  are  more  to  be  relied  on, 
their  progress  may  be  less.  While  their  quick 
ness  is  apparent,  one  is  struck  with  their  want 
of  discipline.  The  children  have  been  regarded 
as  belonging  to  the  plantation  rather  than  to  a 
family,  and  the  parents,  who  in  their  condition 
can  never  have  but  a  feeble  hold  on  their  off 
spring,  have  not  been  instructed  to  training  their 
children  into  thoughtful  and  orderly  habits.  It 
has,  therefore,  been  found  not'  an  easy  task  to 
make  them  quiet  and  attentive  at  the  schools. 

Through  the  schools  habits  of  neatness  have 
J>een  encouraged.  Children  with  soiled  faces  or 
soiled  clothing,  when  known  to  have  better,  have 
been  sent  home  from  the  schools,  and  have  re 
turned  in  better  condition. 

In  a  few  cases  the  teachers  have  been  assisted 
by  negroes  who  knew  how  to  read  before  we 
came.  Of  these  there  are  very  few.  Perhaps 
one  may  be  found  on  an  average  on  one  of  two 
or  three  plantations.  These,  so  far  as  can  be 
ascertained,  were  in  most  cases  taught  clandes 
tinely,  often  by  the  daughters  of  their  masters 
who  were  of  about  the  same  age.  A  colored 
person  among  these  people  who  has  learned  to 
read  does  not  usually  succeed  so  well  as  a  white 
teacher.  He  is  apt  to  teach  the  alphabet  in  the 
usual  order,  and  needs  special  training  for  the 
purpose. 

The  Sabbath-schools  have  assisted  in  the  work 
of  teaching.  Some  three  hundred  persons  are 
present  at  the  church  on  St.  Helena  in  the  morn 
ing,  to  be  taught.  There  are  other  churches 
where  one  or  two  hundred  attend.  A  part  of 
these,  perhaps  the  larger,  attend  some  of  the  day 
schools,  but  they  comprehend  others,  as  adults, 
and  still  others  coming  from  localities  where 
schools  have  not  been  opened.  One  who  regards 
spectacles  in  the  light  of  their  moral  aspects,  can 
with  difficulty  find  sublimer  scenes  than  those 
witnessed  on  Sabbath  morning  on  these  islands, 
now  ransomed  to  a  nobler  civilization. 

The  educational  labors  have  had  incidental  re 
sults  almost  as  useful  as  those  which  have  been 
direct.  At  a  time  when  the  people  were  chafing 


the  most  under  deprivations,  and  the  assurances 
made  on  behalf  of  the  Government  were  most 
distrusted,  it  was  fortunate  that  we  could  point 
to  the  teaching  of  their  children  as  a  proof  of  our 
interest  in  their  welfare,  and  of  the  new  and  bet 
ter  life  which  we  were  opening  before  them. 

An  effort  has  been  made  to  promote  clean  and 
healthful  habits.  To  that  end,  weekly  cleanings 
of  quarters  were  enjoined.  This  effort,  where  it 
could  be  properly  made,  met  with  reasonable 
success.  The  negroes,  finding  that  we  took  an 
interest  in  their  welfare,  acceded  cordially,  and 
in  many  cases  their  diligence  in  this  respect  was 
most  commendable.  As  a  race,  it  is  a  mistake 
to  suppose  that  they  are  indisposed  to  cleanli 
ness.  They  appear  to  practise  it  as  much  as 
white  people  under  the  same  circumstances. 
There  are  difficulties  to  obstruct  improvements 
in  this  respect.  There  has  been  a  scarcity  of 
lime  and  (except  at  too  high  prices)  of  soap. 
Their  houses  are  too  small,  not  affording  proper 
apartments  for  storing  their  food.  They  are  un 
provided  with  glass  windows.  Besides,  some  of 
them  are  tenements  unfit  for  beasts,  without  floor 
or  chimneys.  One  could  not  put  on  a  face  to 
ask  the  occupants  to  clean  such  a  place.  But 
where  the  building  was  decent  or  reasonably 
commodious,  there  was  no  difficulty  in  securing 
the  practice  of  this  virtue.  Many  of  these  people 
are  examples  of  tidiness,  and  on  entering  their 
houses  one  is  sometimes  witness  of  rather  amus 
ing  scenes  where  a  mother  is  trying  the  effect  of 
beneficent  ablutions  on  the  heads  of  her  children. 

The  religious  welfare  of  these  people  has  not 
been  neglected.  The  churches,  which  were  closed 
when  this  became  a  seat  of  war,  have  been  opened. 
Among  the  superintendents  there  were  several 
persons  of  clerical  education,  who  have  led  in 
public  ministrations.  The  larger  part  of  them 
are  persons  of  religious  experience  and  profession, 
who,  on  the  Sabbath,  in  weekly  praise  meetings 
and  at  funerals,  have  labored  for  the  consolation 
of  these  humble  believers. 

These  people  have  been  assured  by  the  Special 
Agent  that  if  ihey  proved  themselves  worthy  by 
their  industry,  good  order,  and  sobriety,  they 
should  be  protected  against  their  rebel  masters. 
It  would  be  wasted  toil  to  attempt  their  develop 
ment  without  such  assurances.  An  honorable 
nature  would  shrink  from  this  work  without  the 
right  to  make  them.  Nor  is  it  possible  to  ima 
gine  any  rulers  now  or  in  the  future,  who  will 
ever  turn  their  backs  on  the  laborers  who  have 
been  received,  as  these  have  been,  into  the  ser 
vice  of  the  United  States. 

Special  care  has  been  taken  to  protect  the  pro 
perty  of  the  Government  on  the  plantations.  The 
Battle  had  been  taken  away  in  such  large  numbers 
t>y  the  former  owners,  and  later  by  the  army,  the 
atter  sometimes  slaughtering  fifty  or  more  head 
on  a  plantation,  that  the  necessity  of  a  strict  rule 
'or  the  preservation  of  those  remaining  was  felt. 
For  that  purpose  the  Special  Agent  procured  or 
ders  from  the  military  and  naval  authorities, 
dated  respectively  April  seventeenth  and  twenty- 
sixth,  forbidding  the  removal  of  u  subsistence, 


DOCUMENTS. 


328 


forage,  mules,  horses,  oxen,  cows,  sheep,  cattle 
of  any  kind,  or  other  property,  from  the  planta 
tions,  without  the  consent  of  the  Special  Agent 
of  the  Treasury  Department  or  orders  from  the 
nearest  General  Commanding."  No  such  con 
sent  has  been  given  by  the  Special  Agent  except 
in  one  case,  as  an  act  of  mercy  to  the  animal,  and 
in  another  where  he  ordered  a  lamb  killed  on  a 
special  occasion,  and  has  charged  himself  with 
the  same  in  his  account  with  the  department. 
Your  instructions  which  expressed  your  desire  to 
prevent  the  deterioration  of  the  estates,  have  in 
this  respect  been  sedulously  attended  to.  The 
superintendents  have  not  been  permitted  to  kill 
cattle,  even  for  fresh  meat,  and  they  have  sub 
sisted  on  their  rations,  and  fish  and  poultry  pur 
chased  of  the  negroes. 

The  success  of  the  movement,  now  upon  its 
third  month,  has  exceeded  my  most  sanguine  ex 
pectations.  It  has  had  its  peculiar  difficulties, 
and  some  phases  at  times,  arising  from  accidental 
causes,  might  on  a  partial  view  invite  doubt,  ban 
ished  however  at  once  by  a  general  survey  of 
what  had  been  done.  Already  the  high  treason 
of  South-Carolina  has  had  a  sublime  compensa 
tion,  and  the  end  is  not  yet.  The  churches 
which  were  closed  have  been  opened.  No  mas 
ter  now  stands  between  these  people  and  the 
words  which  the  Saviour  spoke  for  the  consola 
tion  of  all  peoples  and  all  generations.  The  Gos 
pel  is  preached  in  fulness  and  purity,  as  it  has 
never  before  been  preached  in  this  territory,  even 
in  colonial  times.  The  reading  of  the  English 
language,  with  more  or  less  system,  is  being 
taught  to  thousands,  so  that  whatever  military  or 
political  calamities  may  be  in  store,  this  precious 
knowledge  can  never  more  be  eradicated.  Ideas 
and  habits  have  been  planted,  under  the  growth 
of  which  these  people  are  to  be  fitted  for  the  re 
sponsibilities  of  citizenship,  and  in  equal  degree 
unfitted  for  any  restoration  to  what  they  have 
been.  Modes  of  administration  have  been  com 
menced,  not  indeed  adapted  to  an  advanced  com 
munity,  but  just,  paternal,  and  developing  in^ 
their  character.  Industrial  results  have  been" 
reached,  which  put  at  rest  the  often  reiterated 
assumption  that  this  territory  and  its  products 
can  only  be  cultivated  by  slaves.  A  social  prob 
lem  which  has  vexed  the  wisest  approaches  a  so 
lution.  The  capacity  of  a  race,  and  the  possibili 
ty  of  lifting  it  to  civilization  without  danger  or_ 
disorder,  even  without  throwing  away  the  present 
generation  as  refuse,  are  being  determined.  And 
thus  the  way  is  preparing  by  which  the  peace  to 
follow  this  war  shall  be  made  perpetual. 

Finally,  it  would  seem  that  upon  this  narrow 
theatre,  and  in  these  troublous  times,  God  is  de 
monstrating  against  those  who  would  ir^stify 
his  plans  and  thwart  his  purposes,  that  in  the 
councils  of  his  infinite  wisdom  he  has  predestined 
no  race,  not  even  the  African,  to  the  doom  of 
eternal  bondage. 

There  are  words  of  personal  gratitude  which  it 
is  not  easy  to  suppress.  To  the  superintendents, 
who  have  treated  me  with  uniform  kindness  and 


subordination;  to  the  Rev.  Dr.  Peck,  to  whom 
was  assigned  the  charge  of  the  general  interests 
of  Port  Royal  Island;  to  the  Rev.  Mr.  French, 
who  was  charged  with  special  duties ;  to  the  ben 
evolent  associations  in  Boston,  New- York,  and 
Philadelphia,  without  whose  support  and  contri 
butions,  amounting,  in  salaries  and  donations  of 
specific  articles,  to  not  less  than  twenty  thousand 
dollars,  this  enterprise  could  not  have  been  car 
ried  on  or  commenced ;  to  the  Flag-Officer  of  the 
Squadron  and  the  Generals  commanding,  for 
facilities  cheerfully  afforded,  particularly  to  Bri 
gadier-General  Stevens,  to  whom,  as  Port  Royal, 
Ladies',  and  St.  Helena  Islands,  were  all  within 
his  district,  it  was  necessary  often  to  apply ;  to 
the  Collector  of  New- York,  with  whom  the  busi 
ness  operations  have  been  conducted ;  to  your 
self,  for  confidence  intrusted  and  continued,  I  am 
under  special  obligations. 

But,  more  than  all,  in  parting  with  the  inter 
esting  people  who  have  been  under  my  charge,  I 
must  bear  testimony  to  their  uniform  kindness  to 
myself.  One  of  them  has  been  my  faithful  guide 
and  attendant,  doing  for  me  more  service  than 
any  white  man  could  render.  They  have  come, 
even  after  words  of  reproof  or  authority,  to  ex 
press  confidence  and  good  resolves.  They  have 
given  me  their  benedictions  and  prayers,  and  I 
should  be  ungrateful  indeed  ever  to  forget  or  de 
ny  them.  I  am  your  friend  and  servant, 

EDWARD  L.  PIERCE, 

Special  Agent  of  Treasury  Department. 


Doc.    52. 
CAPTURE   OF  THE  ISABEL. 

COMMODORE  DU  FONT'S  REPORT. 

FLAG-SHIP  W ABASH,  » 

PORT  ROYAL  HARBOR,  S.  C.,  April  28,  18G2.  f 

SIR  :  I  have  just  time  this  morning,  before  the 
departure  of  the  Susquehannah,  to  inform  the 
Department  of  the  arrival  here  of  the  rebel 
steamer  Isabel,  (Ella  Warley,)  in  charge  of 
Lieut.  Gibson  and  a  prize  crew,  she  having  been 
captured  by  the  St.  Jago  de  Cuba,  Commander 
Ridgely,  one  hundred  miles  north  of  Abaco. 

She  is  deeply  loaded  with  Enfield  rifles,  and 
has,  it  is  supposed,  rifled  cannon  in  her  hold, 
which  has  not  yet  been  examined.  These  guns 
were  taken  on  board,  of  course,  at  one  of  the 
neutral  colonies  off  our  coast. 

I  am  informed  by  Lieut.  Gibson  that  the  St. 
Jago  de  Cuba  discovered  and  chased  the  Nash 
ville,  but  the  latter  was  much  too  swift  for  her. 
The  Nashville  also  has  guns  on  board  for  the 
rebels ;  intended  to  run  the  blockade,  if  possible, 

Very  respectfully,  your  obedient  servant, 
S.  F.  Du  PONT, 

Flag-Officer  Commanding,  efcc. 

Hon.  GIDEON  WELLES, 

Secretary  of  the  Navy. 


324 


REBELLION  RECORD,  1862. 


Doc.  53. 
THE  REBEL   CONSCRIPTION  LAW.* 

A  Bill  to  be  entitled,  "  An  Act  to  further  provide 
for  the  public  defence." 

In  view  of  the  exigencies  of  -the  country,  and 
the  absolute  necessity  of  keeping  in  the  service 
our  gallant  army,  and  of  placing  in  the  field  a 
large  additional  force  to  meet  the  advancing  col 
umns  of  the  enemy  now  invading  our  soil ;  there 
fore, 

SEC.  1.  The  Congress  of  the  Confederate  States 
of  America  do  enact,  That  the  President  be,  and 
he  is  hereby  authorized  to  call  out  and  place  in 
the  military  service  of  the  confederate  States,  for 
three  years,  unless  the  war  shall  have  been  sooner 
ended,  all  white  men  who  are  residents  of  the 
confederate  States,  between  the  ages  of  eighteen 
and  thirty-five  years  at  the  time  the  call  or  calls 
may  be  made,  who  are  not  legally  exempted  from 
military  service.  All  of  the  persons  aforesaid 
•who  -are  now  in  the  armies  of  the  Confederacy, 
and  whose  term  of  service  will  expire  before  the 
end  of  the  war,  shall  be  continued  in  the  service 
for  three  years  from  the  date  of  their  original  en 
listment,  unless  the  war  shall  have  been  sooner 
ended ;  provided,  however,  that  all  such  compa 
nies,  battalions,  and  regiments,  whose  term  of 
original  enlistment  was  for  twelve  months,  shall 
have  the  right,  within  forty  days,  on  a  day  to  be 
fixed  by  the  commander  of  the  brigade,  to  re 
organize  said  companies,  battalions,  and  regi 
ments,  by  electing  all  their  officers,  which  they 
had  a  right  heretofore  to  elect,  who  shall  be  com 
missioned  by  the  President :  Provided,  further, 
That  furloughs  not  exceeding  sixty  days,  with 
transportation  home  and  back,  shall  be  granted 
to  all  those  retained  in  the  service  by  the  pro 
visions  of  this  act  beyond  the  period  of  their 
original  enlistment,  and  who  have  heretofore  not 
received  furloughs  under  the  provisions  of  an  act 
entitled,  "  An  Act  providing  for  the  granting  of 
bounty  and  furloughs  to  privates  and  non-com- 
rnissioned  officers  in  the  provisional  arm)7,"  ap 
proved  eleventh  December,  eighteen  hundred  and 
sixty-one,  said  furloughs  to  be  granted  at  such 
times  and  in  such  numbers  as  the  Secretary  of 
War  may  deem  most  compatible  with  the  public 
interest ;  and  Provided,  further,  That  in  lieu  of  a 
furlough  the  commutation  value  in  money  of  the 
transportation  herein  above  granted  shall  be  paid 
to  each  private,  musician,  or  non-commissioned 
officer  who  may  elect  to  receive  it  at  such  time 
as  the  furlough  would  otherwise  be  granted ; 
Provided,  further,  That  all  persons  under  the  age 
of  eighteen  years,  or  over  the  age  of  thirty-five 
years,  who  are  now  enrolled  in  the  military  ser 
vice  of  the  confederate  States,  in  the  regiments, 
battalions,  and  companies  hereafter  to  be  organ 
ized,  shall  be  required  to  remain  in  their  respec 
tive  companies,  battalions,  and  regiments  for 
ninety  days,  unless  their  place  can  sooner  be 
supplied  by  other  recruits  not  now  in  the  service, 

*  See  Doc.  20,  page  113,  Vol.  V.,  REBELLION  RECORD. 


who  are  between  the  ages  of  eighteen  and  thirty- 
five  years,  and  all  laws  and  parts  of  laws  provid 
ing  for  the  reenlistment  of  volunteers  and  the 
organization  thereof  into  companies,  squadrons, 
battalions,  or  regiments,  shall  be,  and  the  same 
are  hereby  repealed. 

SEC.  2.  Be  it  further  enacted,  That  such  com 
panies,  squadrons,  battalions,  or  regiments  organ 
ized,  or  in  process  of  organization,  by  authority 
from  the  Secretary  of  AVar,  as  may  be  within 
thirty  days  from  the  passage  of  this  act  so  far 
completed  as  to  have  the  whole  number  of  men 
requisite  for  organization  actually  enrolled,  not 
embracing  in  said  organizations  any  persons  now 
in  service,  shall  be  mustered  into  the  service  of 
the  confederate  States  as  part  of  the  land  forces 
of  the  same,  to  be  received  in  that  arm  of  the  ser 
vice  in  which  they  are  authorized  to  organize,  and 
shall  elect  their  company,  battalion,  and  regi 
mental  officers. 

SEC.  3.  Be  it  further  enacted,  That  for  the  en 
rolment  of  all  persons  comprehended  within  the 
provisions  of  this  act,  who  are  not  already  in 
service  in  the  armies  of  the  confederate  States,  it 
shall  be  lawful  for  the  President,  with  the  con 
sent  of  the  Governors  of  the  respective  States,  to 
employ  State  officers,  and  on  failure  to  obtain 
such  consent  he  shall  employ  confederate  officers, 
charged  with  the  duty  of  making  such  enrolment 
in  accordance  with  rules  and  regulations  to  be 
prescribed  by  him. 

SEC.  4.  Be  it  further  enacted,  That  persons  en 
rolled  under  the  provisions  of  the  preceding  sec 
tion  shall  be  assigned  by  the  Secretary  of  War  to 
the  different  companies  now  in  service,  until  each 
company  is  filled  to  its  maximum  number,  and 
the  persons  so  enrolled  shall  be  assigned  to  com 
panies  from  the  States  from  which  they  respect- 
vely  come. 

SEC.  5.  Be  it  further  enacted,  That  all  seamen 
and  ordinary  seamen  in  the  land  forces  of  the 
confederate  States,  enrolled  under  the  provisions 
of  this  act,  may,  on  application  of  the  Secretary 
of  the  Navy,  be  transferred  from  the  land  forces 
to  the  naval  service. 

SEC.  6.  Be  it  further  enacted,  That  in  all  cases 
where  a  State  may  not  have  in  the  army  a  num 
ber  of  regiments,  battalions,  squadrons,  or  compa 
nies  sufficient  to  absorb  the  number  of  persons 
subject  to  military  service  under  this  act,  belong 
ing  to  such  State,  that  the  residue  or  excess  there 
of  shall  be  kept  as  a  reserve,  under  such  regula 
tions  as  may  be  established  by  the  Secretary  of 
War,  and  that  at  stated  periods,  of  not  greater 
than  three  months,  details,  determined  by  lot, 
shall  be  made  from  said  reserve,  so  that  each 
company  shall,  as  near  as  practicable,  be  kept 
full.  Provided,  That  the  persons  held  in  reserve 
may  remain  at  home  until  called  into  active  serv 
ice  by  the  President.  Provided,  also,  That  dur 
ing  their  stay  at  home  they  shall  not  receive  pay. 
Provided,  further,  That  the  persons  comprehend 
ed  in  this  act  shall  not  be  subject  to  the  rules  and 
articles  of  war  until  mustered  into  the  actual  serv 
ice  of  the  confederate  States,  except  that  said  per 
sons,  when  enrolled  and  liable  to  duty,  if  they 


DOCUMENTS. 


325 


shall  wilfully  refuse  to  obey  said  call,  each  of 
them  shall  be  held  to  be  a  deserter,  and  punished 
as  such  under  said  articles.  Provided,  further, 
That  whenever,  in  the  opinion  of  the  President, 
the  exigencies  of  the  public  service  may  require 
it,  he  shall  be  authorized  to  call  into  actual  serv 
ice  the  entire  reserve,  or  so  much  as  may  be  ne 
cessary,  not  previously  assigned  to  different  com 
panies  in  service  under  provision  of  section  four 
of  this  act ;  said  reserve  shall  be  organized  under 
such  rules  as  the  Secretary  of  War  may  adopt. 
Provided,  The  company,  battalion,  and  regimental 
officers  shall  be  elected  by  the  troops  composing 
the  same ;  Provided,  The  troops  raised  in  any 
one  State  shall  not  be  combined  in  regimental, 
battalion,  squadron,  or  company  organization  with 
troops  raised  in  any  other  States. 

SEC.  7.  Be  it  further  enacted,  That  all  soldiers 
now  serving  in  the  army  or  mustered  in  the  mili 
tary  service  of  the  confederate  States,  or  enrolled 
in  said  service  under  the  authorizations  heretofore 
issued  by  the  Secretary  of  War,  and  who  are  con 
tinued  in  the  service  by  virtue  of  this  act,  who 
have  not  received  the  bounty  of  fifty  dollars  al 
lowed  by  existing  laws,  shall  be  entitled  to  re 
ceive  said  bounty. 

SEC.  8.  Be  it  further  enacted,  That  each  man 
who  may  hereafter  be  mustered  into  the  service, 
and  who  shall  arm  himself  with  a  musket,  shot 
gun,  rifle,  or  carbine,  accepted  as  an  efficient  wea 
pon,  shall  be  paid  the  value  thereof,  to  be  ascer 
tained  by  the  mustering  officer  under  such  regu 
lations  as  may  be  prescribed  by  the  Secretary  of 
War,  if  he  is  willing  to  sell  the  same,  and  if  he  is 
not,  then  he  shall  be  entitled  to  receive  one  dollar 
a  month  for  the  use  of  said  received  and  approved 
musket,  rifle,  shot-gun,  or  carbine. 

SEC.  9.  Be  it  further  enacted,  That  persons  not 
liable  for  duty  may  be  received  as  substitutes  for 
those  who  are,  under  such  regulations  as  may  be 
prescribed  by  the  Secretary  of  War. 

SEC.  10.  Be  it  further  enacted,  That  all  vacan 
cies  shall  be  filled  by  the  President  from  the  com 
pany,  battalion,  squadron,  or  regiment  in  which 
such  vacancies  shall  occur,  by  promotion  accord 
ing  to  seniority,  except  in  cases  of  disability  or 
other  incompetency ;  Provided,  however.  That 
the  President  may,  when,  in  his  opinion,  it  may 
be  proper,  fill  such  vacancy  or  vacancies,  by  the 
promotion  of  any  officer  or  officers,  or  private  or 
privates  from  such  company,  battalion,  squadron, 
or  regiment,  who  shall  have  been  distinguished 
in  the  service  by  exhibition  of  valor  and  skill, 
and  that  whenever  a  vacancy  shall  occur  in  the 
lowest  grade  of  the  commissioned  officers  of  a 
company,  said  vacancy  shall  be  tilled  by  election  : 
Provided,  That  all  appointments  made  by  the 
president  shall  be  by  and  with  the  advice  and 
consent  of  the  Senate. 

SEC.  11.  Be  it  further  enacted,  That  the  provi 
sions  of  the  first  section  of  this  act,  relating  to 
the  election  of  officers,  shall  apply  to  those  regi 
ments,  battalions,  and  squadrons  which  are  com 
posed  of  twelve  months  and  war  companies  com 
Lined  in  the  same  organization,  without  regard  to 


the  manner  in  which  the  officers  thereof  were 
originally  appointed. 

SEC.  12.  Be  it  further  enacted,  That  each  com 
pany  of  infantry  shall  consist  of  one  hundred  and 
twenty-five  rank  and  file  ;  each  company  of  field- 
artillery  of  one  hundred  and  fifty  rank  and  file ; 
and  each  company  of  cavalry  of  eighty  rank  and 
file. 

SEC.  13.  Be  it  further  enacted,  That  all  persons 
subject  to  enrolment,  who  are  now  in  the  ser 
vice,  under  the  provisions  of  this  act,  shall  be  per 
mitted,  previous  to  such  enrolment,  to  volunteer 
in  companies  now  in  the  service. 

THE   EFFECT    OF    CONSCRIPTION. 

President  Davis  recommends,  by  special  mes 
sage,  a  general  conscription  of  all  male  citizens  be 
tween  the  ages  of  eighteen  and  thirty-five.  The 
measure  would  be  compulsory,  and  would  be  sim 
ilar  to  that  enforced  by  probably  every  govern 
ment  of  Europe,  except  that  of  Great  Britain.  We 
have  repeatedly  urged  this  as  the  only  judicious 
and  effective  mode  of  establishing  an  army  and 
preserving  it  in  completeness  through  all  vicissi 
tudes.  The  experience  of  Europe  is  the  experi 
ence  of  all  ages  and  all  military  powers.  Con 
scription  is  necessary  to  the  establishment  and 
to  the  preservation  of  an  efficient  army.  Sooner 
or  later  the  Confederacy  will  be  compelled  to  re 
sort  to  the  policy ;  and  the  sooner  the  necessity 
is  recognized  and  embraced  the  better  will  it  be 
for  the  public  service  and  safety. 

It  is  well  to  inquire  what  would  be  the  size  of 
an  army  thus  created.  A  very  simple  arithmeti 
cal  process  will  disclose  the  number  of  soldiers 
which  the  conscription  would  produce.  The  free 
population  of  the  several  States  of  the.  Confedera 
cy  not  wholly  occupied  by  the  enemy  is  as  fol 
lows,  giving  only  fractions  of  the  population  for 
those  States  partially  overrun  by  the  public  ad 
versary  : 

Alabama, 529,164 

Arkansas, 324,328 

Florida, 78,686 

Georgia, 595,097 

Louisiana, 376,913 

Mississippi,  354,699 

North-Carolina, 661,586 

A  fourth  of  Missouri, 264,588 

South-Carolina, 301,271 

Two  thirds  of  Tennessee, 556,042 

Texas, 420,651 

Half  of  Virginia, 552,591 

Total, 5,015,618 

This  being  the  aggregate  population,  what  pro 
portion  of  it  are  males  between  the  ages  of  eigh 
teen  and  thirty-five  ?  By  the  census  of  1850,  the 
population  of  the  United  States  was  twTenty-three 
millions  one  hundred  and  ninety- one  thousand 
eight  hundred  and  seventy-six.  Of  this  total, 
seven  millions  forty-seven  thousand  nine  hundred 
and  forty-five  were  given  as  between  the  ages  in 
question.  Half  this  number  would  give  three 


320 


REBELLION   RECORD,  1802. 


millions  five  hundred  and  twenty -three  thousand  ,  from  the  provisions  and  operations  of  this  act. 


Provided,  That  the  President,  in  calling  out  into 
the  service  of  the  confederate  States,  troops  under 
the  provisions  of  this  act,  shall  apportion.  ,ne 
troops  thus  to  be  called  out  among  the  several 
States,  taking  into  consideration  their  population, 
between  the  ages  hereinbefore  stated,  and  the 
number  of  troops  already  furnished  to  the  army 
under  former  acts. 

SEC.  2.  That  the  President  shall  make   such 

Kentucky,  Maryland,  and  portions  of  Virginia  |  call  by  requisition  upon  the  governors  of  the  sev- 
and  Missouri  not  embraced  in  the  basis  of  esti-  j  eral  confederate  States  for  all  or  any  portion  of 
mate,  and  the  volunteers  offering  from  ages  not  |  the  persons  within  their  respective  States  between 
embraced  in  the  prescribed  figures,  the  aggregate  the  ages  of  thirty -five  and  forty-five  years,  and 


nine  hundred  and  seventy-two  as  the  males  be 
tween  those  ages ;  which  number  is  fifteen  per 
cent  of  the  aggregate  population.  This  ratio  ap 
plied  to  the  white  population  of  the  Confederacy, 
as  stated  above,  would  give  as  the  number  pro 
duced  by  the  conscription  seven  hundred  and 
fifty  two  thousand  three  hundred  and  forty-two 
men.  If  we  should  add  to  this  number  the  vol 
unteers  from  that  population  of  the  States  of  I 


soldiery  of  the  Confederacy  would  reach  the  num 
ber  of  eight  hundred  thousand.  It  is  clear,  how 
ever,  that  seven  hundred  and  fifty  thousand  men 


also  for  those  who  now  are  or  may  hereafter  be 
come  eighteen  years  old,  as  aforesaid,  not  legally 
exempted  ;  and,  when  assembled  in  camps  of  in 


struction  in  the  several  States,  they  shall  be  as 
signed  to  and  form  part  of  the  companies,  squad 
rons,  battalions,  and  regiments  heretofore  raised 
in  their  respective  States,  and  now  in  the  service 
of  the  confederate  States  ;  and  the  number  that 


raised  only  by  one  mode,  and  that  mode  is  con 
scription.  We  urged  this  measure  upon  the  coun 
try  many  months  ago.  We  have  repeated  our 
exhortations  often  since ;  and  are  now  glad  to 
find  that  the  subject  has  attracted  the  attention 
and  received  the  approval  of  the  confederate  au 
thorities.  —Richmond  Examiner. 

NEW    CONSCRIPTION    BILL. 

On  the  seventeenth  of  September,  1862,  the 
rebel  House  of  Representatives  passed,  after  some 
debate,  the  following  conscription  bill  by  a  vote 
of  forty  nine  to  thirty-nine  : 

Bill  to  be  entitled  an  act  to  provide  for  the  filling 
up  of  existing   companies,   squadrons,   batta 
lions,  and  regiments,  and  to  increase  the  pro 
visional  army  of  the  confederate  States : 
SEC.  1.  The  Congress  of  the  Confederate  States 
of  America  do  enact,  That  when  the  President 
shall  consider  an  increase  of  the  forces  in  the 
field  necessary  to  repel  invasions,  or  for  the  pub 
lic  safety  in  the  pending  war,  he  is  authorized, 
as  hereinafter  provided,  to  call  into  the  military 
service  of  the  confederate  States  for  three  years, 
or  during  the  present  war,  if  it  should  be  sooner 
ended,  all  white  male  citizens  of  the  confederate 
States,  not  legally  exempted  from  such  service, 
between  the  ages   of   thirty-five   and   forty-five 
years:    and   such  authority  shall   exist   in   the 
President  during  the  present  war,  as  to  all  per 
sons  who  now  are  or  may  hereafter  become  eigh 


could  be  raised  as  a  permanent  force  by  the  con 
scription. 

This  force,  properly  armed  and  judiciously  com 
manded,  would  be  able  to  protect  the  country 
from  any  invasion  which  could  be  brought  against 

it.     It  would,  of  itself,  insure  the  independence  |  may  remain  from  any  State  after  filling  up  exist- 
of  the  Confederacy.    This  force,  however,  can  be  j  ing  companies,  squadrons,  battalions,  and  regi 
ments  from  such  State  to  their  maximum  legal 
number,  shall  be  officered  according  to  the  laws 
of  the  State  having  such  residue. 

SEC.  3.  That  if  the  governor  of  any  State  shall 
refuse  or  shall  fail  for  an  unreasonable  time,  to 
be  determined  by  the  President,  to  comply  with 
said  requisition,  then  such  persons  in  such  State 
are  hereby  made  subject,  in  all  respects,  to  an  aet 
entitled,  "An  act  further  to  provide  for  the  pub 
lic  defence,"  approved  April  the  sixteenth,  1862, 
and  the  President  is  authorized  to  enforce  said 
act  against  such  persons. 

SEC  4.  That  for  the  purpose  of  securing  a  more 
speedy  enrolment  of  the  persons  rendered  liable 
to  military  service  under  this  act,  the  President 
may,  immediately  upon  making  the  requisition 
authorized  therein,  employ  in  any  State,  whose 
governor  shall  consent  thereto,  officers  of  the  con 
federate  States  to  enroll  and  collect  in  the  respec 
tive  camps  of  instruction  all  the  persons  called 
into  service  as  aforesaid. 

SEC.  5.  That  the  persons  brought  into  military 
service  by  this  act  shall  be  assigned  to  the  com 
pany  from  their  State  now  in  the  service  of  the 
confederate  States  which  they  may  prefer  to  join, 
subject  to  such  regulations  as  the  Secretary  of 
War  may  establish  to  secure  the  filling  up  of 
existing  companies,  squadrons,  battalions,  and 
regiments  from  the  respective  States  :  Provided, 
That  persons  liable  to  military  service  under  the 
provisions  of  this  act,  and  able-bodied  men  over 
the  ages  of  forty  five  years,  may  volunteer  and  be 
assigned  to  duty  in  such  company,  from  their 


teen  years  of  age,  and,  when  once  enrolled,  all  State,  as  they  may  select :  Provided,  That  said 
persons  between  the  ages  of  eighteen  and  forty-  company  shall  not,  by  reason  thereof,  be  increas- 
tive  years  shall  serve  their  full  term,  and  no  one  J  ed  beyond  its  legal  maximum  number ;  and  pro 
be  entitled  to  a  discharge  because  he  may  have  vided  further,  that  the  right  of  volunteering  in, 
passed  the  age  of  forty-five  years  before  such  or  of  being  assigned  to,  any  company,  shall  not 
term  of  service  expires.  Provided  however,  that  interfere  with  the  objects  of  this  act,  or  produce 
the  regiments  raised  under  and  by  authority  of  j  inequality  or  confusion  in  the  different  arms  of 
the  State  of  Texas,  and  now  in  the  service  of  said  j  military  service. 
State  for  frontier  defence,  are  hereby  exempted  I  Provided,  That  the  President  is  authorized  to 


DOCUMENTS. 


327 


suspend  the  execution  of  the  act  to  which  this  is 
an  amendment,  authorized  under  special  provi 
sion  and  provisions  of  said  acts,  in  any  locality, 
when  he  believes  such  suspension  will  promote 
the  public  good  ;  that  in  such  localities  and  dur 
ing  said  suspension  the  President  is  authorized 
to  receive  troops  into  the  confederate  service  un 
der  any  of  the  acts  passed  by  the  confederate 
Congress,  prior  to  the  passage  of  the  "Act  to  fur 
ther  provide  for  the  public  defence,"  passed  the 
sixteenth  day  of  April,  1862. 


Doc.  54. 
REPORT  OF  GENERAL  SCHOFIELD, 

ON    THE    OPERATIONS     IN     MISSOURI    AND    ARKANSAS 
FOR    THE    YEAR    ENDING   NOV.    30,    1862. 

ON  the  twenty-seventh  day  of  November,  1861, 
by  order  of  Major-Gen.  Halleck,  then  command 
ing  the  Department  of  the  Missouri,  and  ex-officer 
Major-General  of  the  Missouri  militia,  I  was  as 
signed  to  the  "  command  of  all  the  militia  of  the 
State,"  and  charged  with  the  duty  of  raising,  or 
ganizing,  disciplining,  etc.,  the  force  of  State  mili 
tia  which  the  Governor  of  Missouri  was  author 
ized  to  raise  under  a  special  agreement  with  the 
President. 

At  first  the  organization  was  attended  with 
much  difficulty  and  delay,  owing  mainly  to  the 
want  of  means  to  provide  for  the  clothing  and 
subsistence  of  recruits  when  first  enlisted.  This 
difficulty  was,  however,  at  length  removed  by  a 
more  liberal  construction  of  the  President's  order ; 
and  from  that  time  forward,  the  organization  pro 
gressed  rapidly.  The  troops  were  placed  upon 
active  duty  in  the  field,  in  conjunction  with  United 
States  troops  as  fast  as  organized  into  companies, 
without  waiting  for  regimental  or  battalion  organ 
izations. 

In  this,  the  best  of  all  schools  for  instruction, 
a  degree  of  efficiency  was  acquired  seldom  equal 
led  by  new  troops  in  so  short  a  time. 

By  the  fifteenth  day  of  April,  1862,  an  active, 
efficient  force  of  thirteen  thousand  eight  hundred 
men  was  placed  in  the  field.  This  force  consist 
ed  of  fourteen  regiments,  and  two  battalions  of 
cavalry,  one  regiment  of  infantry,  and  one  battery 
of  artillery. 

As  rapidly  as  this  force  was  placed  in  the  field, 
a  corresponding  number  of  United  States  troops 
were  relieved  and  sent  to  join  the  armies,  then 
operating  in  the  more  Southern  States.  By  this 
means,  most  of  the  various  districts,  into  which 
the  State  was  divided,  gradually  fell  under  the 
command  of  militia  officers,  and  as  a  consequence, 
my  command  was  extended  over  about  three 
fourths  of  the  State,  comprising  the  northern, 
central,  and  eastern  portions,  with  a  force  of  about 
sixteen  thousand  volunteers,  mostly  cavalry,  be 
sides  the  militia  force  already  referred  to. 

On  the  tenth  day  of  April,  1862,  the  Major- 
General  commanding  the  department  left  his  head 
quarters  in  St.  Louis  to  take  command  of  the  army 


before  Corinth,  leaving  me  with  thfe  brief  but 
comprehensive  instructions,  "  to  take  care  of  Mis 
souri." 

Previous  to  this  time  the  victory  of  the  army, 
under  Major-Gen.  Curtis  at  Pea  Ridge,  and  the 
activity  of  the  large  force  still  in  Missouri,  had 
broken  the  power  of  the  enemy  in  the  State,  leav 
ing  it  in  a  condition  of  comparative  peace.  Large 
numbers  of  the  rebel  army  from  Missouri  had  re 
turned  to  their  homes,  and  most  of  the  guerrilla 
bands  which  had  for  along  time  infested  the  State, 
had  disbanded,  or  been  broken  up  or  captured. 
Under  the  humane  policy  then  pursued,  most  of 
these  had  been  permitted  to  renew  their  allegiance 
to  the  United  States,  and  return  to  their  homes 
as  loyal  citizens.  Our  armies  in  Arkansas,  Ken 
tucky,  and  Tennessee  had  been  successful;  the 
grand  army  of  the  Mississippi  was  pressing  the 
enemy  before  Corinth  ;  Gen.  Curtis,  with  a  for 
midable  force,  was  approaching  Little  Rock  from 
the  north. 

Missouri  was  quiet,  and  there  seemed  no  rea- 
sen  to  apprehend  any  further  serious  difficulty  in 
the  State.  On  the  contrary,  every  thing  promised 
a  speedy  return  of  peace  and  prosperity.  In 
compliance  with  an  order  from  Major-Gen.  Halleck 
to  send  him  all  the  infantry  within  my  reach, 
dated  May  sixth,  1862,  I  at  once  forwarded  all 
the  infantry  in  the  State,  except  a  small  force 
of  reserve  corps  guarding  the  Pacific  and  Iron 
Mountain  railroads,  and  two  regiments  of  volun 
teers  in  the  central  and  south-western  districts, 
too  distant  to  reach  St.  Louis  before  Corinth  had 
fallen,  and  the  order  had  been  countermanded. 
One  regiment  of  the  reserve  corps  even  was  sent 
to  Pittsburgh  Landing,  leaving  me  only  cavalry 
to  guard  the  long  lines  of  railroads  north  of  the 
Missouri  River,  and  a  portion  of  the  Pacific. 

In  the  movement  of  the  army  under  General 
Curtis,  after  the  battle  of  Pea  Ridge,  a  very  large 
portion  of  the  country  south  of  the  Osage  and 
west  of  the  Merrimac,  constituting  the  district  of 
South-western  Missouri,  was  left  entirely  without 
troops  to  protect  the  loyal  people  from  the  small 
bands  of  outlaws  that  still  existed  in  that  part 
of  the  State,  or  from  the  raids  of  rebel  cavalry 
from  Arkansas.  Indeed,  after  the  withdrawal  of 
a  portion  of  Gen.  Curtis's  army  to  join  the  force 
before  Corinth,  his  line  of  communication  with 
Rolla  was  seriously  endangered  and  some  of  his 
trains  destroyed  by  the  enemy.  Learning  these 
facts,  although  the  district  of  country  referred  to 
was  not  under  my  command,  I  immediately  set  in 
motion  three  regiments  of  cavalry,  my  only  avail 
able  regiment  of  infantry,  and  a  battery  of  artil 
lery,  from  the  northern  and  central  portions  of 
the  State,  to  occupy  the  southern  portion  and 
protect  General  Curtis's  line  of  communication. 
This  distributed  the  forces  under  my  command 
over  the  entire  State  in  such  manner  as  best  to 
suppress  insurrection  and  protect  the  only  ex 
posed  portion  of  the  southern  border.  Yet  the 
force  was  everywhere  too  much  weakened  by  this 
necessary  expansion. 

On  the  fifth  day  of  June,  1862,  I  received  or 
ders  from  Major-General  Halleck  to  move  all  my 


328 


REBELLION  RECORD,  1862 


available  force  toward  the  southern  border,  and 
support  General  Curtis  as  far  as  in  my  power. 

Although  I  had  already  reduced  my  force  be 
yond  the  limit  of  safety,  I  sent,  in  answer  to  urgent 
demands  from  Gen.  Curtis,  a  regiment  of  reserve 
corps,  infantry,  a  battery  of  artillery  and  about 
two  regiments  of  cavalry,  with  orders  to  join  him 
by  forced  marches,  and  informed  him  that  I  would 
protect  his  Holla  line  and  permit  him  to  draw  in 
all  the  forces  engaged  on  that  duty.  The  infant 
ry  mutinied  and  refused  to  go  further  on  reaching 
the  Arkansas  line,  urging  the  terms  of  their  en 
listment. 

The  battery  was  stopped  on  account  of  infor 
mation  from  Gen.  Curtis  that  he  wanted  no  more 
artillery.  The  cavalry  joined  him  as  ordered. 

Although  repeatedly  urged  by  Gen.  Curtis  to 
send  him  more  troops,  I  was  compelled  to  say  it 
was  impossible. 

On  the  fifth  dajr  of  June,  1862,  at  my  suggestion, 
and  the  request  of  Gen.  Curtis,  the  State  of  Mis 
souri  (except  the  three  south-eastern  counties)  was 
erected  into  a  military  district,  called  the  District 
of  Missouri,  and  placed  under  my  command.  The 
troops  in  the  south-western  part  of  the  State  to 
be  nevertheless  subject  to  the  order  of  Major-Gen. 
Curtis.  With  this  latter  qualification  my  com 
mand  was  thereby  extended  over  the  district  of 
country  lately  vacated  by  the  army  under  Gen. 
Curtis  and  subsequently  occupied  by  my  troops. 

The  district  of  Missouri  was  divided  into  divi 
sions,  commanded  as  follows,  namely,  The  North- 
Eastern  division,  under  Col.  John  McNeil,  M.S  M  ; 
the  North-Western  division,  under  Brig.-Gen.  Ben. 
Loan  ;  the  Central  division,  under  Brigadier-Gen. 
James  Totten  ;  the  South-Western  division,  under 
Brig.-Gen.  F.  B.  Brown  ;  the  Rolla  division,  under 
Col.  J.  M.  Glover,  Third  Missouri  cavalry;  and 
the  St.  Louis  division,  under  Col.  Lewis  Merrill, 
U.  S.  volunteer  cavalry. 

The  effective  force  (both  volunteer  and  militia) 
in  the  several  divisions  was  as  follows,  namely : 

North-Eastern, 1,250 

Central, 4,750 

Kolla, 1,500 

North-Western, 1,450 

South- Western, 3,450 

St.  Louis, 4,960 

Total, 17,360 

T  had  hardly  made  the  necessary  disposition 
of  my  troops,  to  preserve  the  peace  of  the  State, 
upon  the  supposition  that  it  was  to  be  protected 
from  invasion  by  the  army  under  Gen.  Curtis, 
when  the  movement  of  his  force  to  Helena  left 
the  entire  southern  border  unprotected,  and  the 
State  exposed  to  the  raids  of  the  enemy's  caval 
ry,  which  it  was  impossible  for  me  to  meet  with 
out  drawing  protection  from  the  homes  of  loyal 
people  throughout  the  State,  which  latter  would 
have  been  to  give  the  entire  State  over  to  pillage 
and  destruction.  About  this  time  commenced 
the  execution  of  a  well-devised  scheme  of  the  re 
bel  government  to  obtain  large  reenforcements 


from  Missouri,  and  ultimately  to  regain  posses 
sion  of  the  State.  A  large  number  of  Missourians 
in  the  rebel  army  were  sent  home  with  commis 
sions  to  raise  and  organize  troops  for  the  rebel 
army.  Many  of  these  succeeded  in  secretly  pass 
ing  our  lines  and  eluding  arrest,  some  were  ar 
rested,  and  others  voluntarily  surrendered  them 
selves,  professing  their  desire  to  return  to  their 
allegiance,  and  were  permitted  to  take  the  oath 
of  allegiance  and  return  to  their  homes  as  loyal 
citizens.  These  emissaries  spread  themselves 
over  the  State,  and  while  maintaining  outwardly 
the  character  of  loyal  citizens,  or  evading  our 
troops,  secretly  enrolled,  organized,  and  officered 
a  very  large  number  of  men,  estimated  by  their 
friends  at  from  thirty  to  fifty  thousand.  Places 
of  rendezvous  were  designated  where  all  were  to 
assemble  at  an  appointed  signal,  and,  by  a  sudden 
coup  de  main,  seize  the  important  points  in  the 
State,  surprise  and  capture  our  small  detachments 
guarding  railroads,  etc.,  thus  securing  arms  and 
ammunition,  and  cooperate  with  an  invading  army 
from  Arkansas. 

At  an  early  day  I  became  aware  of  the  impend 
ing  danger,  and  asked  for  cooperation  from  the 
force  at  Helena,  and  for  reenforcements  in  Mis 
souri.  The  former  was  promised  but  failed.  To 
the  latter  request  I  received  the  reply  that  some 
could  be  furnished.  The  plan  of  the  enemy  had 
already  begun  to  be  developed. 

For  the  purpose  of  securing  arms  for  the  large 
force  enrolled,  several  bands  of  considerable 
strength  suddenly  sprung  into  existence  and  at 
tempted  the  surprise  and  capture  of  some  of  my 
small  detachments,  passing  rapidly  from  post  to 
post,  plundering  and  murdering  the  loyal  people 
in  their  path.  Thanks  to  the  activity  and  stub 
born  resistance  of  our  troops,  the  rebels  met  with 
a  very  limited  success ;  but  with  their  failure,  al 
though  repeatedly  beaten  by  our  troops,  their 
numbers  rapidly  augmented,  and  new  bands  made 
their  appearance  in  all  parts  of  the  State,  and 
commenced  the  work  of  robbery  and  murder,  for 
which  they  had  been  organized.  A  very  large 
and  immediate  increase  of  the  force  under  my 
command  could  alone  save  the  State.  To  obtain 
this  force  from  the  troops  then  in  service  was  im 
possible  ;  none  could  be  spared  from  any  quarter. 
Under  these  circumstances  I  determined  to  call 
upon  the  Governor  of  Missouri  for  authority  to 
organize  all  the  militia  of  the  State,  and  to  call 
into  active  service  such  force  as  might  be  neces 
sary  to  aid  me  in  destroying  the  guerrilla  bands 
and  in  restoring  a  state  of  peace.  This  authority 
was  readily  granted,  and  the  work  of  enrolment, 
organization,  and  arming,  was  immediately  com 
menced.  The  difficulties  attending  the  execution 
of  this  project  of  making  available  the  entire  mili 
tary  power  of  the  State,  were  at  first  so  great, 
owing  to  various  causes,  and  the  results  of  its 
successful  prosecution  have  been  of  so  great  im 
portance,  that  the  subject  seems  to  demand  of 
me  more  than  a  passing  notice. 

It  was  the  first  attempt  of  the  kind  in  this  or 
any  other  country  under  similar  circumstances, 
and  hence  was  to  a  great  degree  an  exoeriment 


DOCUMENTS. 


323 


in  which  much  was  to  be  learned  before  it  could 
be  prosecuted  to  perfect  results. 

The  first  effect,  and  which  was  to  be  expected, 
was  to  cause  every  rebel  in  the  State,  who  could 
possess  himself  of  a  weapon  of  any  kind,  to  spring 
to  arms  and  join  the  nearest  guerrilla  band,  thus 
largely  and  suddenly  increasing  the  force  with 
which  we  had  to  contend.  While  thousands  of 
others  ran  to  the  brush  to  avoid  the  required  en 
rolment. 

On  the  other  hand,  the  loyal  men  throughout 
those  portions  of  the  State  which  had  suffered 
from  rebel  outrages,  rallied  at  the  first  call  with 
an  eagerness  which  showed  how  deeply  they  had 
Buffered  and  how  highly  they  prized  the  oppor 
tunity  of  ridding  themselves,  once  and  forever, 
of  the  great  evil  under  which  they  had  so  long 
lived. 

In  the  city  of  St.  Louis  and  other  portions  of 
the  State  not  subject  to  guerrilla  outrages,  the 
case  was  different.  The  President's  order  for  a 
general  draft  had  not  yet  been  issued,  but  was 
expected.  And  this  was  regarded  as  a  step  to 
ward  preparation  for  it.  Thousands  fled  from 
the  State  to  avoid  enrolment.  By  the  disloyal 
of  all  shades  it  was  assumed  as  part  of  a  general 
conscription,  intended  to  force  them  into  the 
ranks,  to  fight  against  their  "  Southern  friends !  " 
Many  young  men,  who  would  have  been  other 
wise  glad  to  remain  quietly  at  home,  were  in 
duced  by  these  misrepresentations  to  enter  the 
rebel  ranks.  Indeed,  the  question  what  to  do 
with  the  disloyal  among  those  subject  to  military 
duty,  was  the  most  difficult  one  to  settle. 

Their  obligation  to  the  required  service  was 
certainly  no  less,  if  not  far  greater,  than  that  of 
the  loyal.  It  was  regarded  by  the  loyal  people, 
and  apparently  with  justice,  a  great  hardship  that 
rebel  sympathizers,  should  be  excused  from  the 
military  duty  which  was  required  of  those  who 
had  been  faithful  to  their  allegiance.  Whatever 
may  be  said  of  the  policy  of  embodying  unfaith 
ful  men  in  a  large  army,  it  would  manifestly  have 
been  ruinous  in  a  scattered  force,  such  as  the 
militia  must  often  be,  and  when  the  loyal  would 
often  be  outnumbered  by  the  traitors.  It  was 
.first  proposed  to  exempt  them  upon  payment  of 
a  certain  fee,  but  this  proved  impracticable.  A 
sum  which  the  poor  man  in  the  country  could 
pay  was  ridiculously  small  when  required  of  the 
wealthy  man  in  the  city.  Many  reported  loyal 
men,  but  more  mindful  of  their  comfort  than  of 
the  salvation  of  their  country,  would  willingly 
pay  a  high  fee,  which  the  really  loyal  poor  man 
could  not,  and  thus  throw  upon  the  shoulders  of 
his  poor  neighbor  the  burden  of  which  the  latter 
was  willing  to  bear  his  share,  but  not  the  whole. 

Finally  it  was  determined  to  take  the  high 
ground  that  none  but  those  of  approved  loyalty 
should  be  required  or  permitted  to  bear  arms  in 
defence  of  the  State.  I  have  had  no  reason  since 
to  doubt  the  correctness  of  the  principle  thus  es 
tablished  nor  the  wisdom  of  the  policy  pursued 
under  it. 

Another  serious  question  was  how  to  provide 
the  means  of  arming,  subsisting,  and  clothing 


this  force.  A  portion  of  the  arms  required  were 
supplied  from  the  United  States  Arsenal,  but 
they  were  of  a  kind  poorly  adapted  to  the  service 
required  of  the  militia ;  subsistence  was  entirely 
denied,  and  clothing  was  out  of  the  question. 

The  State  was  entirely  without  means.  The 
calamity  under  which  the  State  was  suffering  had 
been  brought  upon  her  by  the  influence  of  promi 
nent  wealthy  persons,  thousands  of  whom  were 
still  living  in  the  State,  and  even  in  the  city  of 
St.  Louis,  enjoying  the  protection  of  the  Govern 
ment,  and  ma~ny  of  them  growing  rich  upon  the 
country's  calamity.  These  persons  even  yet  did 
not  hesitate  to  talk  and  act  treason  whenever 
they  could  do  so  with  impunity.  They  even  per 
suaded  young  men  to  join  the  bands  of  outlaws 
who  were  plundering  the  loyal  people  and  driv 
ing  them  from  their  homes,  and  furnished  them 
with  arms  and  money.  No  permanent  peace 
could  be  expected  in  the  State  until  the  aiders  of 
the  rebellion  should  be  banished  or  silenced. 

For  these  reasons,  after  consultation  with  the 
Governor  of  Missouri,  I  determined  to  assess  and 
collect  from  the  rebels  of  St.  Louis  County  the 
sum  of  five  hundred  thousand  dollars,  to  be  used 
in  arming,  clothing,  and  subsisting  the  enrolled 
militia  when  in  active  service,  and  in  providing 
for  those  families  of  militiamen  and  volunteers 
which  might  be  left  destitute. 

Those  living  in  the  country  were  taxed  in  fur 
nishing  subsistence  to  the  troops  in  pursuit  of 
the  enemy.  A  board  composed  of  five  of  the 
most  reliable  citizens  of  St.  Louis  was  appointed, 
and  directed  to  assess  and  collect  the  proposed 
tax. 

Its  work  was  but  little  more  than  commenced 
when  my  command  of  the  district  of  Missouri 
ceased.  The  enrolment  and  organization  of  the 
militia  has  been  steadily  pushed  forward  until 
the  present  time,  it  having  been  impossible  to 
commence  it  in  some  portions  of  the  State  until 
very  recently,  in  consequence  of  their  occupation 
by  large  bodies  of  the  enemy,  which  have  now, 
however,  been  driven  from  the  State. 

The  number  of  men  already  enrolled  and  organ 
ized  into  regiments  is  fifty  thousand  and  nine  hun 
dred,  about  thirty  thousand  of  whom  are  armed, 
while  the  State  government  has  on  hand  several 
thousand  stand  of  arms,  which  may  be  distributed 
when  necessary.  I  believe  it  may  safely  be  said 
that  Missouri  is  now  in  condition  to  suppress  al 
most  instantly  any  insurrection  which  can  be 
conceived  as  possible,  even  if  all  the  troops  now 
in  active  service  were  withdrawn  from  the  State. 
She  has  at  the  same  time  about  forty  thousand 
men  in  the  service  of  the  United  States,  consist 
ing  of: 

Volunteers — Twenty-eight  legiments  of  infant 
ry,  ten  regiments  of  cavalry,  and  sixteen  batteries 
of  artillery. 

Militia — Twelve  regiments  of  cavalry,  one  regi 
ment  of  infantry,  and  two  batteries  of  artillery. 

Missouri  may  now  fairly  be  classed  among  the 
loyal  States.  May  not  the  experiment,  which 
has  been  so  successful  here,  be  tried  with  equal 
promise  of  success  in  other  States  ? 


330 


REBELLION  RECORD,  1862. 


The  order  for  a  general  enrolment  was  issuec 
on  the  twenty-second  day  of  July,  1862. 

By  the  twenty-ninth  of  the  same  month  aboul 
twenty  thousand  men  had  been  organized,  armed, 
and  called  into  active  service. 

Many  of  these  were  mounted,  and  joined  the 
regular  troops  in  active  operations  in  the  field 
Others  relieved  the  forces  guarding  important  rail 
road  depots,  while  some  portions  of  the  State 
were  given  over  entirely  to  the  protection  of  the 
enrolled  militia.  Particularly  was  this  the  case 
in  the  north-western  portion. 

The  entire  North-Western  division,  under  the 
command  of  Brig. -General  Ben.  Loan,  was  very 
soon  in  a  condition  to  take  care  of  itself,  the  other 
troops  being  sent  first  to  the  North-Eastern  divi 
sion,  and  afterward  transferred,  with  their  very 
efficient  commander,  to  the  Central  division. 
Brig. -Gen.  W.  P.  Hall,  of  the  enrolled  militia,  was 
assigned  to  the  command  of  the  North-Western 
division  on  the  twenty-fifth  day  of  August,  1862  ; 
since  which  time  perfect  peace  has  been  main 
tained  in  that  portion  of  the  State,  without  any 
aid  whatever  from  the  United  States. 

The  desperate  and  sanguinary  guerrilla  war 
which  for  nearly  two  months  raged,  almost  with 
out  cessation,  may  be  said  to  have  begun  about 
the  twentieth  of  July,  1862,  by  the  assembling 
of  small  bands  under  Porter,  Poindexter,  and 
Cobb,  who  immediately  commenced  to  rob  and 
drive  out  the  loyal  people.  Seeing  that  the  war 
had  begun  in  earnest,  I  rapidly  concentrated  my 
available  cavalry  force  into  bodies  sufficiently 
strong  to  cope  successfully  with  the  largest  bodies 
of  guerrillas,  and  sent  as  large  reinforcements  as 
possible  to  the  principal  theatre  of  guerrilla  opera 
tions,  leaving  such  posts  and  railroad  bridges  as 
.t  was  indispensable  to  hold  under  guard  of  the 
enrolled  militia  and  other  troops  not  efficiently 
mounted.  The  principal  theatre  of  operations 
was  at  this  time  the  North-Eastern  division,  com 
manded  by  Col.  McNeil,  and  a  large  portion  of 
the  St.  Louis  division  lying  north  of  the  Missouri 
River  and  commanded  by  Col.  Merrill.  United 
action  in  that  district  being  necessary,  that  por 
tion  of  the  St.  Louis  division  which  lay  north  of 
the  Missouri  River  was  added  to  the  North-East 
ern  division,  and  the  whole  placed  under  com 
mand  of  Colonel  Merrill,  Brigadier-General  David 
son  relieving  him  in  command  of  the  St.  Louis 
division. 

The  troops  under  Col.  Merrill's  command  con 
sisted  of  three  thousand  two  hundred  cavalry, 

thousand  four   hundred   infantry,  and   six 

pieces  of  artillery,  besides  the  enrolled  militia. 
The  rebel  bands  under  Porter,  Poindexter,  Cobb, 
and  others  of  less  note,  amounted  to  somewhat 
more  than  five  thousand  men  ;  the  number  in  one 
band  varying,  with  their  varied  success,  from  a 
few  hundred  to  three  thousand. 

Determined  to  destroy  this  force,  and  in  any 
event  not  to  allow  it  to  join  the  enemy  south  of  the 
river,  I  caused  all  boats  and  other  means  of  cross 
ing  the  Missouri  River,  and  under  guard  of  my 
troops,  to  be  destroyed  or  securely  guarded,  and 
stopped  all  navigation  of  the  river,  except  by 


strongly  guarded  boats,  and  for  a  short  time 
under  convoy  of  a  gunboat,  extemporized  for  the 
purpose  of  patrolling  the  river.  These  means 
proved  effectual.  Though  broken  up  and  scat 
tered,  captured,  or  killed,  no  considerable  num 
ber  ever  succeeded  in  making  their  way  to  the 
South. 

My  troops  were  directed  to  move  entirely  with 
out  baggage,  carrying  a  few  necessary  articles  of 
subsistence  on  their  horses,  and  to  take  whatever 
else  might  be  necessary  from  the  rebels  of  the 
country.  They  were  also  directed  to  remount 
themselves  from  the  best  horses  that  could  be 
found  as  fast  as  their  own  should  fail,  and  to  give 
the  enemy  no  rest,  day  or  night,  until  they  should 
be  totally  broken  up  and  destroyed. 

Porter's  band  was  immediately  pursued  by  our 
cavalry,  almost  without  intermission,  for  twelve 
days,  during  which  time  he  was  driven  over  a 
distance  of  nearly  five  hundred  miles,  and  forced 
to  fight  our  troops  nine  sharp  engagements. 

His  force  increased,  during  the  first  few  days, 
from  two  or  three  hundred  to  three  thousand, 
which  it  reached  on  the  sixth  of  August  at  Kirks- 
ville,  where  he  was  attacked  by  Colonel  McNeil, 
with  about  one  thousand  cavalry  and  six  pieces 
of  artillery.  The  engagement  was  very  desperate, 
and  lasted  about  four  hours.  It  resulted  in  a 
total  defeat  of  the  rebels.  Their  loss  was  one 
hundred  and  eighty  killed,  about  five  hundred 
wounded,  and  a  large  number  taken  prisoners  or 
scattered.  Several  wagon-loads  of  arms  fell  into 
our  hands.  In  this  single  engagement  Porter's 
force  was  reduced  from  three  thousand  to  about 
eight  hundred,  and  his  power  and  influence  en 
tirely  broken.  Our  loss  at  Kirksville  was  twenty- 
eight  killed  and  about  sixty  wounded. 

Our  troops  behaved  with  great  gallantry,  and 
were  handled  with  consummate  skill  by  their 
commander,  Col.  McNeil.  Among  the  other  offi 
cers  especially  deserving  mention  are  Lieut-Col. 
Shaeffer  and  Major  Clopper,  of  Merrill's  Horse ; 
Major  Caldwell,  First  Iowa  cavalry  ;  Major  Benja 
min  and  Major  Dodson,  of  the  Missouri  militia. 

Poindexter's  gang  had  increased  to  about  twelve 
hundred  men  before  a  sufficient  force  could  be 
collected  to  break  him  up.  About  the  eighth  of 
August  Col.  Guitar,  Ninth  cavalry  M.S.M.,  with* 
about  six  hundred  men  and  two  pieces  of  artille 
ry,  started  in  pursuit  of  Poindexter,  overtaking 
and  attacking  him  while  crossing  the  Charitan 
River,  on  the  night  of  the  tenth.  A  very  large 
number  of  the  enemy  were  killed,  wounded,  and 
drowned.  Many  horses  and  arms,  and  all  their 
spare  ammunition  and  other  supplies,  were  cap- 
;ured. 

Poindexter  moved  rapidly  northward  to  effect 
junction  with  Porter,  but  was  intercepted  and 
driven  back  by  the  troops  of  the  North-Western 
division,  under  General  Loan,  which  force  at  the 
same  time  drove  Porter  back  upon  McNeil,  and 
compelled  him  to  disperse  his  band  to  save  it 
rorn  destruction.  Poindexter  being  forced  back 
)y  Loan,  was  again  struck  by  Guitar,  and,  after 
i  running  fight  of  nearly  forty-eight  hours,  his 
entire  force  was  killed,  captured,  or  dispersed. 


DOCUMENTS. 


331 


The  bandit  leader  himself,  after  wandering  alone 
through  the  woods  for  several  days,  fell  into  the 
hands  of  the  militia. 

Col.  Guitar  and  his  troops  deserve  great  credit 
for  their  gallantry  and  untiring  energy.  To  the 
promptness  and  energy  of  General  Loan  and  hi.' 
command,  in  throwing  themselves  between  Por 
ter  and  Poindexter,  was  due  in  a  great  degree  the 
speedy  destruction  of  the  latter.  The  rebel  forces 
under  Porter  and  Poindexter  having  been  broken 
up,  the  band  of  robbers  under  Cobb  soon  dispersed 
or  broke  up  into  small  parties,  the  more  securely 
to  continue  their  systematic  plunder  and  murder 
of  loyal  men.  To  dispose  of  these  fragments  of 
the  recently  formidable  bands  of  guerrillas,  then 
scattered  over  the  entire  State,  was  necessarily  a 
work  of  time.  Many  of  them  still  held  together 
with  great  tenacity  in  small  bands,  and  endeav 
ored  to  continue  the  system  of  petty  war,  which 
had  been  going  on  for  some  time  previous  to  the 
general  insurrection.  But  through  the  activity 
of  our  troops,  and  the  important  aid  of  our  militia, 
now  organized  in  large  numbers,  and  thoroughly 
acquainted  with  the  country  and  people,  the  out 
laws  were  soon  hunted  down,  and  either  killed, 
captured,  or  driven  out  of  the  State. 

It  would  be  impossible  to  give  a  detailed  report 
of  all  the  minor  affairs  in  which  our  troops  were 
engaged  during  this  period,  or  to  do-justice  to  the 
many  gallant  officers  and  men  who  were  distin 
guished  in  this  arduous  and  most  unpleasant 
service.  From  the  first  of  April  to  the  twentieth 
of  September  our  troops  met  the  enemy  in  more 
than  one  hundred  engagements,  great  and  small, 
in  which  our  numbers  varied  from  forty  or  fifty 
to  ten  or  twelve  hundred,  and  those  of  the  enemy 
from  a  few  men  to  four  or  five  thousand.  In  not 
more  than  ten  of  these  were  our  troops  defeated. 
Our  entire  loss,  so  far  as  reported,  was  seventy- 
seven  killed,  one  hundred  and  fifty-six  wounde'd, 
and  three  hundred  and  forty-seven  prisoners  — 
most  of  the  latter  taken  in  the  capture  of  Inde 
pendence  and  Newark.  That  of  the  enemy  was 
five  hundred  and  six  killed,  about  eighteen  hun 
dred  wounded,  and  five  hundred  and  sixty  pri 
soners  taken  in  battle,  beside  the  large  number 
who  have  recently  surrendered  or  fled  from  the 
State.  The  whole  number  killed,  wounded,  cap 
tured,  and  driven  away  cannot  fall  short  of  ten 
thousand. 

In  closing  this  part  of  my  report  I  desire  to  ex 
press  my  obligation  to  the  principal  officers  who 
aided  me  in  the  difficult  task  of  restoring  peace 
to  Missouri.  Brig. -Gens.  Davidson,  Loan,  Tot- 
ten,  and  Brown ;  Cols.  Merrill,  Glover,  and  Mc 
Neil,  performed  most  valuable  service  in  the  wise 
administration  of  the  affairs  of  their  respective 
divisions.  Cols.  McNeil,  Guitar,  Wright,  Smart, 
Phillips,  Warren;  Lieut-Cols.  Shaeffer,  Critten- 
den ;  Majors  Clopper,  Hunt,  Caldwell,  Bauzof, 
Hubbard,  Foster,  Lazear,  showed  on  numerous 
occasions  gallant  and  officer-like  qualities,  which 
on  a  larger  field  would  have  secured  for  them  the 
highest  commendations. 

I  regret  that  the  absence  of  detailed  reports, 
much  too  common  in  this  kind  of  warfare,  ren 


ders  it  impossible  for  me  to  mention  the  names 
of  junior  officers  and  men  who  were  particularly 
distinguished  for  good  conduct 

Tidings  of  the  disasters  to  the  rebels  in  North 
ern  Missouri  having  reached  the  enemy  in  Arkan 
sas,  a  powerful  effort  was  made,  by  throwing  a 
strong  mounted  force  from  Arkansas  into  the  dis 
trict  bordering  the  Missouri  River,  and  at  the  same 
time  rallying  all  the  insurgents  into  the  central 
and  southern  portions  of  the  State,  to  seize  some 
favorable  crossing  of  the  Missouri  River,  and  en 
able  the  bands  north  of  the  Missouri  River  to 
cross  and  join  those  below.  On  the  eleventh  day 
of  August,  1862,  a  rebel  force  from  five  to  eight 
hundred  strong  attacked  and  captured  the  town 
of  Independence  ;  the  garrison,  three  hundred 
and  twelve  strong,  under  Lieut. -Col.  Buel,  of  the 
Seventh  Missouri  cavalry,  surrendering  after  a 
short  resistance. 

On  the  thirteenth  day  of  August,  1862, 1  was  in 
formed  that  Coffey,  with  about  one  thousand  five 
hundred  cavalry,  had  succeeded  in  evading  the 
forces  under  General  Brown  near  Springfield,  and 
was  moving  rapidly  toward  the  north.  General 
Brown,  under  my  direction,  sent  Colonel  Clark 
Wright,  Sixth  Missouri  cavalry,  with  about  one 
thousand  two  hundred  men,  in  pursuit  of  Coffev; 
and  Gen.  Totten,  commanding  the  Central  divi 
sion,  was  ordered  to  strike  the  force  which  had 
just  captured  Independence  before  it  could  effect 
a  junction  with  the  force  under  Coffey.  Brig.- 
Gen.  Blunt,  commanding  the  Department  of  Kan 
sas,  was  also  requested  to  send  a  fbrce  from  Fort 
Scott  to  cooperate  with  Col.  Wright  in  cutting  off 
Coffey's  retreat 

On  the  fourteenth  of  August,  Gen.  Totten  sent 
Major  Foster,  Seventh  militia  cavalry,  from  Lex- 
"ngton  with  about  eight  hundred  men  and  two 
pieces  of  artillery  ;  also,  Col.  Fitz-Henry  Warren 
with  one  thousand  five  hundred  men  from  Clin 
ton,  with  orders  to  effect  a  junction  near  Lone 
Jack,  and  attack  the  force  under  Hughes  and 
Quantrel,  supposed  to  be  somewhere  in  Jackson 
Jounty,  and  known  to  have  been  largely  reen- 
!brced  by  the  insurgents  from  the  surrounding 
country. 

Colonel  Warren  failed  to  make  a  junction  with 
Major  Foster,  and  the  latter  met  the  combined 
forces  of  Coffey  and  Hughes  at  Lone  Jack. 

After  a  severe  conflict,  attended  with  great  loss 
on  both  sides,  the  gallant  Major  Foster  was  very 
severely  wounded,  his  two  pieces  of  artillery  cap- 
:ured,  and  his  command  forced  to  fall  back  to 
Lexington.  It  was  now  ascertained  that  the 
enemy's  force,  already  augmented  to  four  thou 
sand  five  hundred  men,  and  rapidly  increasing, 
was  marching  on  to  Lexington,  and  would  doubt- 
ess  have  attacked  that  place  next  day  had  it  not 
been  checked  by  the  engagement  with  Major 
Foster. 

As  soon  as  the  news  of  our  defeat  at  Lone  Jack 
reached  me,  I  requested  General  Blunt — who,  in 
compliance  with  my  previous  request,  had  taken 
the  field  in  person  with  a  strong  force  —  to  push 
forward  north  of  the  Osage  and  cooperate  with 
General  Totten,  and  the  latter  took  command  in 


332 


REBELLION  RECORD,  1862. 


person  of  all  his  available  cavalry  and  artillery, 
and  moved  against  the  enemy.  Gen.  Loan,  whose 
troops  had  been  cooperating  with  Col.  Merrill  in 
North-Eastern  Missouri,  was  ordered  to  Lexington 
with  all  his  available  force.  All  these  movements 
were  executed  with  such  promptne0s  as  to  pre 
vent  any  further  loss,  and  to  speedily  rid  the  State 
of  the  daring  invader.  Coffey,  becoming  alarmed 
at  the  large  force  in  his  rear,  abandoned  his  cher 
ished  hope  of  capturing  Lexington  and  relieving 
the  rebels  north  of  the  river.  Upon  the  approach 
of  General  Blunt's  force,  Coffey  eluded  him  in  the 
night,  and,  though  hotly  pursued  to  the  Arkan 
sas  line  by  General  Blunt  and  Colonel  Wright, 
succeeded  in  making  his  escape,  but  with  con 
siderable  loss. 

The  central  portion  of  the  State  having  thus 

been  cleared  of  the  great  body  of  insurgents,  and    ,  „  .... 0  ^ ^.JV.«,- 

there  being  no  further  serious  difficulty  to  be  ap-  tions  were  to  be  made  on  Pilot  Knob  a.n\  Rolla, 
prehended  north  of  the  river,  Gen.  Totten,  who  j  for  the  purpose  of  diverting  attention  from  the 
had  moved  as  far  south  as  Clinton,  was  directed  i  south-west,  and  if  possible  to  cut  off  supplies  and 
to  continue  with  the  force  then  under  his  com-  reinforcements  from  the  army  at  Springfield. 


large  numbers  south  of  the  river,  it  was  evident 
that  large  reinforcements  from  the  central  and 
southern  portions  of  the  State  had  reached  the 
enemy  in  Arkansas,  while  in  the  latter  State  a 
rigid  conscription  had  swelled  the  enemy's  ranks 
to  large  proportions.  Reliable  information  also 
showed  that  a  considerable  force  (fourteen  or  fif 
teen  regiments)  was  on  the  way  from  Texas.  On 
the  tenth  day  of  September  the  strength  of  the 
enemy  in  Arkansas  was  estimated  at  from  forty 
to  seventy  thousand  men  —  much  the  greater 
weight  of  testimony  being  in  favor  of  the  larger 
number.  Subsequent  events  have  shown  the 
true  number  to  have  been  probably  about  fifty 
thousand.  The  plan  of  the  enemy  was  also  suf 
ficiently  ascertained. 

A  vigorous  attempt  was  to  be  made  to  reenter 
South-western  Missouri,  while  strong  demonstra- 


mand  in  the  field  to  Springfield,  and  assume  com 
mand  of  the  South-Western  division. 

Gen.  Loan  was  assigned  to  the  command  of  the 


A.  cavalry  and  artillery  force,  about  seven  thou 
sand  strong,  under  Cooper,  was  sent  as  far  north 
as  Newtonia,  while  Rains,  with  about  six  thou- 


Central  division,  taking  with  him  the  two  regi-    sand   infantry  and  some   artillery  occupied   the 
ments  of  cavalry  which  had  been  under  his  com-  j  country  about   Pea   Ridge   and   Cross  Hollows. 


mand  north  of  the  river  ;  while  the  North- Western 
division  was  turned  over  to  the  enrolled  militia, 
under  Brig-Gen.  Hall. 

These  changes  were  ordered  on  the  twenty-fifth 
day  of  August,  since  which  time  no  serious  diffi 
culty  has  occurred  in  the  central  portion  of  the 
State. 

Under  the  wise  and  vigorous  administration  of 
General  Loan,  peace  has  been  gradually  restored, 
and,  it  is  hoped,  firmly  established. 

In  the  eastern  and  south-eastern  portions  of  the 
State  no  very  serious  difficulty  occurred,  although 
no  part  of  it,  not  even  St.  Louis  County,  was  en 
tirely  exempt  from  the  depredations  of  small 
bodies  of  guerrillas.  About  the  fifteenth  of  April, 
the  First  Wisconsin  cavalry,  under  Col.  Edward 
Daniels,  were  sent  to  Cape  Girardeau  with  orders 
to  drive  out  the  rebels  from  the  south-eastern 
counties,  and  hold  the  few  passes  through  the 
swamps  by  which  inroads  could  be  made. 

This  officer,  in  violation  of  his  instructions, 
abandoned  the  district  of  country  placed  under 
his  special  care,  and  with  nearly  his  entire  regi 
ment  marched  into  Arkansas,  and  joined  the  com 
mand  of  General  Curtis,  at  Helena.  These  facts 
were  reported  to  General  Curtis,  and  he  was  re 
quested  to  send  Colonel  Daniels  and  his  regiment 
back  to  their  duty,  but  the  request  was  not  com 
plied  with. 

This  left  Cape  Girardeau  and  the  country  in 
its  vicinity  exposed  to  serious  danger,  from  which 
they  were  rescued  only  by  the  determined  action 
of  the  few  troops  left,  and  timely  reinforcements 
from  Pilot  Knob  and  St.  Louis. 

It  now  became  necessary  to  seriously  turn  at 
tention  to  the  condition  of  the  southern  border  of 
Missouri,  and  the  enemy's  forces  in  Arkansas. 
Notwithstanding  the  destruction  of  the  rebel 


In  addition  to  this  there  were  several  thousand 
unarmed  conscripts,  for  whom  arms  were  expect 
ed  daily. 

This  entire  force  was  under  the  command  of 
Hindinan,  who  had,  however,  at  this  time  gone  to 
Little  Rock,  to  bring  forward  the  required  arms 
and  other  supplies.  McBride  and  Parsons,  with 
aJpout  four  thousand  men,  were  near  the  Arkan 
sas  line,  south  of  Pilot  Knob  and  Rolla,  and  were 
reported  to  be  the  advance  of  the  main  body  of 
the  enemy's  force  intended  to  march  on  Pilot 
Knob  or  Rolla.  The  enemy  was  pressing  our 
troops  at  all  points,  and  was  apparently  about 
ready  to  commence  a  general  aggressive  move 
ment.  Want  of  arms  for  the  conscripts  was  evi 
dently  the  only  cause  of  delay. 

Their  forces  were  more  numerous  than  ours  at 
every  point.  The  fortunate  capture  of  several 
thousand  stand  of  arms  by  the  National  gunboats 
on  the  Mississippi  delayed  the  enemy's  advance 
and  gave  us  time  for  preparation. 

On  the  twelfth  day  of  September  I  informed  the 
General-in-Chief  of  the  state  of  affairs,  and  asked 
him  for  the  long-expected  cooperation  of  the  army 
at  Helena  ;  also  on  the  twenty-eighth  day  of  Au 
gust  and  on  the  eleventh  of  September  I  urged 
the  necessity  of  united  action  between  General 
Totten' s  command  in  South-western  Missouri  and 
that  of  General  Blunt  in  Kansas,  neither  force 
alone  being  sufficient  to  cope  with  the  enemy,  and 
suggested  that  on  this  account  they  should  be 
placed  under  the  same  command. 

I  had  concentrated  at  Springfield  all  the  force 
that  could  be  spared  from  other  portions  of  the 
State,  and  had  sent  forward  under  Brigadier- 
General  Herron  four  regiments  of  infantry  of  the 
new  levies,  which  had  been  sent  me  at  my  re 
quest. 


bands  m  North-Missouri,   and  the  capture  of  '      The  force  at  Pilot  Knob  and  Rolla  was  also  in- 


DOCUMENTS. 


333 


creased,  so  as  to  make  those  points  secure  against 
any  present  danger,  while  the  large  reserve  of 
enrolled  militia  in  the  city  and  county  of  St.  Lou 
is,  under  command  of  Brigadier-General  J.  B. 
Gray,  were  ordered  to  be  prepared  as  soon  as 
possible  to  reenforce  those  places,  should  an  un- 
pected  emergency  arise.  Having  thus,  as  I  be 
lieved,  secured  the  eastern  portion  of  the  State 
against  any  immediate  danger,  and  in  the  expec 
tation  of  a  favorable  reply  from  the  General-in- 
Chief  touching  the  desired  cooperation  of  General 
Steel e's  and  General  Blunt' s  forces,  I  determined 
to  go  to  Springfield  at  once  and  take  command  in 
person  of  the  united  forces,  and  in  conjunction 
with  General  Steele  to  drive  the  enemy  not  only 
from  Missouri  but  from  the  Arkansas  valley.  At 
the  moment  of  my  departure  I  received  a  commu 
nication  from  the  General-in-Chief  directing  me  to 
communicate  with  General  Steele  and  endeavor 
to  arrange  some  plan  of  cooperation  with  my 
troops.  I  immediately  despatched  a  letter  to 
General  Steele,  at  Helena,  (of  which  the  inclosed, 
marked  "A,"  is  a  copy,)  urging  upon  him  the  ne 
cessity  of  immediate  action. 

I  had  long  been  promised  that  a  diversion  in 
my  favor,  on  the  part  of  the  force  at  Helena, 
would  be  made  by  a  movement  into  the  interior 
of  Arkansas,  and  had  repeatedly  and  urgently  re 
quested  that  it  might  not  be  longer  delayed.  I 
was  apprehensive  that  even  then  the  movement 
had  been  too  long  delayed  to  be  effectual,  and 
presumed  that  the  cause  of  this  delay  must  be 
that  the  Commanding  General  at  Helena  did  not 
regard  his  force  as  strong  enough  for  the  purpose. 

I  therefore  suggested  that  the  force  at  Helena 
should  be  thrown  between  the  enemy  and  my 
troops  at  Pilot  Knob  and  Holla,  where  it  could 
be  reenforced  by  the  latter,  and  thus  be  made 
strong  enough  for  the  desired  movement,  and  at 
the  same  time  cover  my  base  of  operations  and 
the  Rolla  and  Springfield  line.  I  had  no  thought 
of  asking  for  a  part  of  General  Steele's  force  sim 
ply  to  assist  me  in  holding  Pilot  Knob  and  Rolla, 
but  to  place  him  in  a  condition  to  move  immedi 
ately  and  effectually  on  Little  Rock  if  he  were 
not  already  prepared  to  do  so.  This,  it  seems  to 
me,  is  the  only  construction  that  can  be  put  upon 
my  letter  to  General  Steele  and  my  subsequent 
telegram  to  Gen.  Curtis,  (a  copy  of  which  is  here 
with  inclosed  and  marked  u  B,")  although  they 
seem  to  have  been  misunderstood.  This  misap 
prehension  is  the  only  reason  for  my  alluding  to 
the  matter  here. 

It  is  to  be  observed  that  at  the  date  of  my  let 
ter  to  General  Steele,  Kansas  and  Missouri  were 
not  in  the  same  department,  and  that  even  at  the 
date  of  my  telegram  to  General  Curtis,  General 
Blunt's  force  had  not  been  placed  under  my  com 
mand. 

My  force  at  Springfield  was  quite  sufficient  to 
cope  with  the  enemy  in  its  front.  I  had  ordered 
three  regiments  of  infantry  and  a  battery  to  Rolla, 
to  hold  that  place  until  General  Steele's  movement 
should  render  it  secure,  and  then  to  join  me  at 
Springfield.  Subsequently  General  Curtis  placed 
the  Kansas  division  under  my  command,  and  re- 
S.  D.  21. 


tained  the  three  regiments  of  infantry  at  Rolla, 
making  the  force  there  and  within  supporting  dis 
tance  about  seven  thousand  strong ;  quite  suffi 
cient  for  its  defence. 

On  the  twenty -fourth  of  September,  Major-Gen. 
Curtis  assumed  command  of  the  department  of 
the  Missouri.  I  had  already  on  the  twenty-third, 
in  anticipation  of  his  arrival,  directed  Lieutenant- 
Colonel  Marsh,  who  was  in  charge  of  my  office  in 
St.  Louis,  to  furnish  General  Curtis  with  a  copy 
of  my  letter  to  General  Steele,  and  to  give  him 
full  information  of  the  condition  of  affairs  in  Mis 
souri. 

The  Commanding  General  of  the  department 
being  in  position  to  attend  to  the  State  in  general 
better  than  myself,  I  requested  to  be  relieved 
from  the  command  of  the  district  of  Missouri  and 
to  be  permitted  to  retain  that  of  the  troops  in  the 
field  in  the  South-west. 

This  request  was  granted,  and  my  command 
of  the  district  of  Missouri  ceased  on  the  twenty- 
sixth  day  of  September,  1862. 

The  effective  force  under  my  command  at  and 
near  Springfield  was  four  thousand  eight  hundred 
infantry,  five  thousand  six  hundred  cavalry,  and 
sixteen  pieces  of  artillery — making  a  total  of  ten 
thousand  eight  hundred. 

Of  this  force  two  thousand  five  hundred  were 
required  to  guard  the  line  of  communication  with 
Rolla  and  the  depot  of  supplies  at  Springfield, 
leaving  me  eight  thousand  three  hundred  men  for 
active  operations.  Two  regiments  of  cavalry  were, 
however,  incomplete  in  their  organization  and 
equipment,  and  could  not  take  the  field  until 
some  time  later. 

A  brigade  of  cavalry  under  General  Brown,  and 
two  brigades  of  General  Blunt's  command  under 
General  Salomon  and  Colonel  Weer,  were  in  the 
vicinity  of  Sarcoxie,  in  observation  of  the  enemy's 
force,  which  had  advanced  as  far  as  Newtonia. 

General  Curtis  having  on  the  twenty-seventh 
day  of  September  placed  General  Blunt's  com 
mand  subject  to  my  orders,  I  immediately  request 
ed  General  Blunt  to  send  forward  all  available 
reinforcements  to  Sarcoxie,  informing  him  that 
I  would  join  htm  there  with  a  considerable  force. 
I  immediately  organized  a  division,  about  six 
thousand  strong,  (including  General  Brown's  bri 
gade,)  under  command  of  General  Totten,  and 
sent  it  onward  on  the  thirtieth  of  September. 

On  the  thirtieth  a  small  force  sent  out  by  Gen. 
Salomon  to  reconnoitre  the  enemy's  position,  be 
came  engaged  with  a  greatly  superior  force  of 
the  enemy's  cavalry  at  Newtonia,  and  suffered 
severely. 

General  Salomon  moved  forward  to  their  sup 
port  with  the  remainder  of  his  force,  and  de 
spatched  to  Colonel  G.  H.  Hall,  M.S.M.,  (then 
commanding  General  Brown's  brigade,)  for  assist 
ance. 

General  Salomon  reached  the  scene  of  action 
at  twelve  o' clock  M.,  and  renewed  the  engagement, 
which  continued  until  near  sunset,  without  seri« 
ous  loss  on  our  side,  when  General  Salomon  re 
tired  from  the  field  closely  pressed  by  the  enemy. 
At  this  moment  Colonel  Hall  arrived  upon  th« 


334 


REBELLION   RECORD,  1862-3. 


field  with  about  fifteen  hundred  cavalry,  and 
Captain  Murphy's  battery  attacked  the  enemy  in 
flank  and  checked  his  advance,  and  effectually 
covered  the  retreat  of  General  Salomon's  brigade. 
Colonel  Hall  deserves  commendation  for  the  effi 
cient  service  rendered  on  that  occasion. 

The  entire  force  engaged  on  our  side  was  about 
four  thousand  five  hundred  men. 

The  enemy  displayed  eleven  regiments  of  cav 
alry  and  one  battery  of  artillery — probably  about 
seven  thousand  men. 

Gaining  imperfect  tidings  of  this  affair,  and  ap 
prehending  that  the  enemy  might  press  his  suc 
cess  and  do  us  great  damage,  I  started  on  the 
morning  of  the  first  of  October,  overtook  General 
Totten's  division,  and  proceeded  with  it  to  Colo 
nel  Hall's  camp,  five  miles  east  of  Sarcoxie,  reach 
ing  that  place  on  the  evening  of  the  second  Oc 
tober.  To  my  great  satisfaction,  I  was  there 
met  the  next  morning  by  Gen.  Blunt,  who  had 
pressed  forward  rapidly  from  Fort  Scott  with 
small  reinforcements. 

My  force  was  now  about  ten  thousand  strong ; 
that  of  the  enemy  variously  estimated  at  from 
thirteen  to  twenty  thousand  at  Newtonia.  I  had 
reliable  information  that  Rains,  with  his  force  of 
infantry  and  artillery,  was  coming  up  to  Newto 
nia,  and  had  probably  already  moved  at  that 
place. 

After  a  brief  consultation  with  General  Blunt, 
it  was  decided  to  move  upon  the  enemy  that 
night  and  attack  him  at  daylight  the  next  morn 
ing.  General  Blunt' s  division  entered  the  prairie 
on  which  Newtonia  is  situated  from  the  north  and 
west  in  three  columns,  and  General  Totten's  di 
vision  in  a  single  column  from  the  east.  Rains 
had  failed  to  come  up  as  ordered,  and  the  enemy, 
in  anticipation  of  our  attack,  had  sent  their  bag 
gage  to  the  rear,  and  were  preparing  to  retreat. 

Our  cavalry  and  artillery  immediately  charged 
apon  the  enemy,  the  latter  fleeing  precipitately 
across  the  prairie,  and  escaping  into  the  timber 
some  three  miles  from  the  town. 

A  strong  force  of  cavalry  and  light  howitzers 
was  pushed  forward  in  pursuit,  harassing  the  en 
emy  and  inflicting  upon  him  considerable  loss, 
until  he  was  driven  through  Pineville  into  Ar 
kansas.  Our  loss  in  this  affair  was  only  four 
wounded ;  that  of  the  enemy  could  not  be  ascer 
tained,  as  the  fight  extended  over  thirty  miles  of 
timbered  country.  Eighteen  of  the  enemy's  dead 
were  left  in  the  road. 

On  leaving  Springfield  I  had  only  hoped  to  ef 
fect  a  junction  with  General  Blunt,  and  occupy  a 
position  far  enough  in  advance  to  cover  both  Fort 
Scott  and  SpringtieM,  and  thus  secure  the  ground 
we  held  until  the  arrival  of  reinforcements,  which 
were  on  their  way  from  Fort  Leavenworth,  and 
those  for  which  I  had  asked  General  Curtis  from 
Bolla. 

But  from  information  gained  at  and  soon  after 
the  time  of  the  affair  at  Newtonia,  it  was  evident 
that  our  movements  were  in  advance  of  the  ene 
my's  preparation  to  meet  us ;  that  his  large  mass 
of  conscripts  had  not  yet  received  arms,  and  that 
He  was  far  from  being  ready  to  carry  out  his  plan 


for  the  invasion  of  Missouri.  I  was  also  satisfied 
that  my  force,  small  as  it  was,  was  more  formida 
ble  than  that  of  the  enemy,  notwithstanding  his 
great  superiority  in  numbers. 

I  therefore  ordered  General  Herron,  with  all 
the  available  force  left  at  Springfield,  to  move 
forward  toward  Cassville,  which  point  he  reached 
on  the  fourteenth.  The  main  column  had  reached 
the  same  point  on  the  twelfth. 

Having  obtained  reliable  information  that  the 
enemy  wer«  concentrating  at  Cross  Hollows,  and 
would  probably  make  a  stand  near  that  point,  I 
moved  forward  to  the  old  battle-ground  of  Pea 
Ridge  on  the  seventeenth  October.  From  this 
place  I  sent  forward  a  strong  cavalry  reconnois- 
sance,  which  returned  on  the  eighteenth  of  Octo 
ber.  I  learned  that  the  enemy  had  divided  his 
forces,  sending  a  detachment  of  cavalry  and  artil 
lery,  under  Cooper,  in  the  direction  of  Maysville, 
evidently  for  the  purpose  of  striking  our  Fort 
Scott  line,  while  Rains,  with  the  main  body  of  in 
fantry  and  artillery,  and  a  small  cavalry  force,  had 
gone  in  the  direction  of  Hunts ville,  and  two  thou 
sand  five  hundred  or  three  thousand  cavalry  had 
been  left  in  our  front  to  conceal  these  movements. 
I  immediately  sent  General  Blunt,  with  Colonel 
Weer's  and  Colonel  Cloud's  brigades,  in  pursuit 
of  Cooper,  and  marched  with  General  Totten  and 
General  Herron's  divisions  toward  Huntsville, 
leaving  General  Salomon's  brigade,  of  Blunt's  di 
vision,  at  Pea  Ridge. 

General  Blunt,  after  a  hard  night's  march,  at 
tacked  Cooper  in  his  camp  at  Old  Fort  Wayne, 
near  Maysville,  and  after  a  short  but  sharp  en 
gagement  captured  all  his  artillery,  (four  pieces,) 
and  completely  routed  him.  The  enemy  fled  in 
great  disorder  across  the  Arkansas  River  to  Fort 
Gibson.  General  Blunt's  loss  was  very  small; 
that  of  the  enemy  considerable.  The  details  of 
this  gallant  affair  are  given  in  General  Blunt's  of 
ficial  report,  already  transmitted  to  department 
headquarters  This  brilliant  success  illustrated 
in  a  high  degree  the  energy  and  gallantry  for  which 
General  Blunt  and  his  division  are  so  justly  cele 
brated. 

After  an  almost  continuous  march  of  twenty- 
four  hours'  duration  over  White  River  Mountains, 
Gens.  Totten's  and  Herron's  divisions  reached  a 
point  eight  miles  west  of  Huntsville,  where  tho 
enemy  had  encamped  the  day  before.  The  next 
morning  my  advance  was  pushed  forward  to 
Huntsville,  where  it  found  a  small  number  of  the 
enemy's  cavalry,  who  fled  upon  our  approach. 
We  now  learned  that  the  enemy  was  retreating 
across  the  mountains  in  the  direction  of  Ozark, 
and  had  no  intention  of  giving  us  battle  until  re- 
enforcements  should  arrive.  Further  pursuit 
being  therefore  useless,  and  even  impossible  to 
any  considerable  extent,  I  marched  via  Benton- 
ville  road  to  Cross  Hollows  and  Osage  Springs, 
reaching  those  places  on  the  twenty-second  Oc 
tober. 

The  expedition  to  Huntsville  resulted  in  gain 
ing  the  important  information  that  Gen.  Hindman 
had  just  returned  to  his  command,  and  that  the 
recent  movements  had  been  under  his  orders  j 


DOCUMENTS. 


335 


that  a  small  supply  of  arms  and  clothing  for  the 
conscripts  had  arrived  at  Ozark ;  that  McRea, 
with  a  brigade  of  troops,  would  be  up  in  a  few 
days,  and  that  McBride  and  Parsons,  who  had 
recently  been  threatening  Pilot  Knob  and  Holla, 
were  also  en  route  to  join  Hindman's  command, 
with  from  three  to  four  thousand  men. 

These  reports,  not  credited  at  first,  were  so 
corroborated  in  a  few  days  as  to  leave  little  doubt 
of  their  truth.  Having  learned  that  there  were 
still  three  or  four  thousand  of  the  enemy's  caval 
ry  north  of  the  mountains,  encamped  on  the  main 
fork  of  White  River,  about  eight  miles  from  Fay - 
ctteville,  I  sent  Gen.  Herron,  with  all  the  avail 
able  cavalry  of  his  division  across  the  White  Ri 
ver  Mountains  to  strike  the  enemy  in  rear;  and 
Gen.  Totten,  with  the  cavalry  of  his  division  and 
battery  of  artillery,  via  Fayetteville  to  attack  the 
enemy  in  front,  while  the  remainder  of  General 
Totten's  division  moved  forward  at  the  same  time 
to  Fayetteville  to  support  the  cavalry  if  necessa 
ry.  General  Herron  reached  the  enemy's  camp 
at  early  dawn  on  the  morning  of  the  twenty- 
eighth,  and  immediately  attacked  them  with  such 
vigor  that,  notwithstanding  their  greatly  superior 
numbers,  they  were  quickly  driven  from  their 
camp  and  retreated  rapidly  into  the  mountains. 
They  were  pursued  several  miles  by  a  portion  of 
General  Herron's  command. 

General  Totten's  force  did  not  get  up  in  time 
to  take  part  in  the  engagement. 

Our  loss  was  five  wounded,  (one  mortally.) 
The  enemy  left  eight  killed  and  seven  wounded 
on  the  field.  All  their  camp  equipage  was  de 
stroyed  by  our  troops — a  severe  loss  to  them. 

Our  troops  engaged  in  this  affair  were  of  the 
First  Iowa  cavalry  and  Seventh  militia  cavalry. 
Total,  about  one  thousand  men.  General  Herron 
and  his  men  deserve  special  mention  for  the  en 
ergy  and  gallantry  displayed. 

We  had  now  driven  the  last  of  the  enemy's 
scattered  forces  across  the  mountains,  where  it 
was  impracticable  to  follow  them  with  any  valua 
ble  result  until  corresponding  movements,  not 
yet  begun,  in  Eastern  Arkansas  should  enable  us 
to  open  communication  with  Little  Rock,  and 
draw  our  supplies  from  that  direction.  Nothing 
could  be  done  but  await  future  events. 

Information  recently  obtained  had  left  no  room 
for  doubt  that  the  enemy  was  receiving  consider 
able  reinforcements,  and  making  preparations  to 
contest  with  us  the  possession  of  North-western 
Arkansas  and  South-western  Missouri. 

I  therefore  determined,  while  keeping  my  divi 
sions  in  supporting  distance,  to  occupy  positions 
north  of  the  mountains,  where  corn  and  wheat 
could  be  obtained,  retiring  slowly  as  these  sup 
plies  should  be  exhausted,  until  a  further  advance 
should  become  practicable,  or  the  enemy  should 
get  ready  to  give  us  battle. 

The  enemy's  effective  force  was  at  this  time, 
(including  those  en  route  to  join  him,  and  of 
which  I  had  information,)  about  twenty  thousand 
men,  and  would  be  increased  to  twenty-five  or 
twenty-eight  thousand  should  he  get  arms  for  his 
conscripts.  My  effective  force  was  about  sixteen 


thousand,  but  much  superior  to  that  of  the  ene 
my  in  artillery,  and  in  efficiency  of  troops,  by  thia 
time  well-disciplined  and  inured  to  fatigue  by 
constant  active  service.  Hence  there  was  no 
reason  to  doubt  the  result  of  a  battle,  whenever 
and  wherever  the  enemy  should  be  pleased  to 
give  it. 

Accordingly,  on  the  thirtieth,  I  took  up  posi 
tions  at  Cross  Hollows,  Osage  Spring,  and  Prai 
rie  Creek,  a  short  distance  west  of  Bentonville. 

In  compliance  with  orders  from  the  Major-Gen- 
eral  commanding  the  department,  on  the  third  of 
November  I  directed  General  Totten's  and  Her 
ron's  divisions  to  march  at  once  to  Crane  Creek, 
near  Springfield,  Gen.  Blunt's  division  remaining 
in  the  north-western  part  of  Arkansas. 

On  the  thirteenth  day  of  November  I  was  di 
rected  to  move  with  Totten's  and  Herron's  divi 
sions,  via  Ozark,  toward  Huston,  in  Texas  Coun 
ty.  The  command  had  only  reached  Ozark  when 
a  report  from  General  Blunt  that  the  enemy  was 
advancing  upon  him  caused  the  order  to  be  coun 
termanded,  and  the  two  divisions  to  march  to  the 
support  of  Gen.  Blunt.  The  report  of  Gen.  Blunt 
proved  premature,  and  the  two  divisions  were 
halted  at  Crane  Creek,  where  they  were  on  the 
twentieth  of  November,  when  sickness  compelled 
me  to  relinquish,  at  least  temporarily,  my  com 
mand  of  the  army  of  the  frontier  and  the  district 
of  the  South-west  Missouri. 

I  should  do  injustice  to  my  own  feelings,  as 
well  as  to  a  gallant  army,  were  I  to  close  this  re 
port  without  acknowledging  my  indebtedness  to 
the  able  generals  and  to  the  gallant  officers  and 
men  composing  the  army  of  the  frontier. 

To  my  division  commanders.  Generals  Blunt, 
Herron,  and  Totten,  am  I  and  the  country  under 
special  obligations  for  their  prompt  and  cordial  co 
operation  with  me  in  the  discharge  of  every  duty. 
While  deeply  regretting  my  (to  me)  unfortunate 
absence,  it  affords  me  great  gratification  to  know 
that  my  noble  little  army  has,  under  the  gallant 
Blunt  and  Herron,  added  another  and  greater 
proof  of  its  high  qualities  in  the  hard-fought  bat 
tle  and  brilliant  victory  over  greatly  superior  num 
bers  on  the  memorable  field  of  Fayetteville. 


Doc.  55. 
CONFISCATION  IN   CALIFORNIA. 

HEADQUARTERS  DEPARTMENT  OF  THE  PACIFIC,  } 
SAN  FRANCISCO,  April  30,  1S62.      f 

Whereas,  It  having  come  to  the  knowledge  of 
the  undersigned,  that  there  are  certain  persons, 
either  holding  office  under  the  rebel  government, 
or  aiding  and  abetting  the  enemies  of  the  United 
States,  and  that  such  person  or  persons  are  own 
ers  of  real  estate  or  personal  property  within  the 
limits  of  this  Military  Department :  It  is  hereby 
declared  that  all  such  estates  or  property  are 
subject  to  confiscation  for  the  use  and  benefit  of 
the' United  States. 

It  is  further  declared,  That  all  sales  or  trans 
fers  of  real  estate  or  personal  property,  by  any 
person  or  persons  holding  office  under  the  rubd( 


336 


REBELLION   RECORD,  1S62-63. 


government,  or  who  may  be  aiding  and  assisting 
the  enemies  of  the  Union,  whether  made  by  them 
personally  or  by  their  agents,  shall  be  null  and 
void.  G.  WRIGHT, 

Brigadier-General  United  States  Array  Commanding. 


Doc.  56. 
THE   BRITISH   NEUTRALITY  LAWS. 

PROCLAMATION   FOR   THE   BAHAMAS. 

Bahama  Islands— By  His  En-cell  ency  Chttrlw*  John  Bay 
ley,  Esq.,  Governor  and  Cotnma-nder^in-Chiff  in  and 
orer  the  said  Islands;  Chancellor,  Vice- Admiral,  and 
Ordinary  C.  J.  Bayley,  of  the  same,  a  Proclamation. 

WHEREAS,  His  Grace  the  Duke  of  Newcastle, 
Her  Majesty's  Principal  Secretary  of  State  for  the 
Colonies,  has  transmitted  for  my  guidance  the 
following  copy  of  a  despatch  from  the  Right  Hon 
orable  Earl  Russell,  Her  Majesty's  Principal  Sec 
retary  of  State  for  Foreign  Affairs  : 

FOREIGN  OFFICE,  Jan.  81, 1862. 

MY  LORD  DUKE  :  Her  Majesty  being  fully  de 
termined  to  observe  the  duties  of  neutrality  dur 
ing  the  existing  hostilities  between  the  United 
States  and  the  States  calling  themselves  the  con 
federate  States  of  America,  and  being,  moreover, 
resolved  to  prevent,  as  far  as  possible,  the  use  of 
Her  Majesty's  harbors,  ports,  and  coasts,  and  the 
waters  within  Her  Majesty's  territorial  jurisdic 
tion,  in  aid  of  the  warlike  purposes  of  either  bel 
ligerent,  has  commanded  me  to  communicate  to 
your  Grace,  for  your  guidance,  the  following 
rules,  which  are  to  be  treated  and  enforced  as 
Her  Majesty's  orders  and  directions. 

Her  Majesty  is  pleased  further  to  command 
that  these  rules  shall  be  put  in  force  in  the 
United  Kingdom,  and  in  the  Channel  Islands,  on 
and  after  Thursday,  the  sixth  day  of  February 
next,  and  in  Her  Majesty's  territories  and  pos 
sessions  beyond  the  seas  six  days  after  the  day 
when  the  Governor,  or  other  chief  authority  of 
each  of  such  territories  or  possession  respective 
ly,  shall  have  notified  and  published  the  same, 
stating  in  such  notification  that  the  said  rules  are 
to  be  obeyed  by  all  persons  within  the  same  ter 
ritories  and  possessions. 

1.  During  the  continuance  of  the  present  hos 
tilities  between  the  Government  of  the  United 
States  of  North-America  and  the  States  calling 
themselves  the  confederate  States  of  America,  or 
until  Her  Majesty  shall  otherwise  order,  no  ships 
of  war  or  privateers  belonging  to  either  of  the 
belligerents  shall  be  permitted  to  enter  or  remain 
in  the  port  of  Nassau,  or  in  any  other  port,  road 
stead,  or  waters  of  the  Bahama  Islands,  except  by 
special  leave  of  the  Governor  of  the  Bahama 
Islands,  or  in  case  of  stress  of  weather.  If  any 
such  vessel  should  enter  any  such  port,  road 
stead,  or  waters,  by  special  leave  or  under  stress 
of  weather,  the  authorities  of  the  place  shall  re 
quire  her  to  put  to  sea  as  soon  as  possible,  with 
out  permitting  her  to  take  in  any  supplies  beyond 
what  may  be  necessary  for  her  immediate  use. 

11   at  the  time  when  this  order  is  first  notified 


in  the  Bahama  Islands,  there  shall  be  any  such 
vessel  already  within  any  port,  roadstead,  or  wa 
ters  of  those  islands,  the  Governor  shall  give  no 
tice  to  such  vessel  to  depart,  and  shall  require 
her  to  put  to  sea  within  such  time  as  he  shall, 
under  the  circumstances,  consider  proper  and  rea 
sonable.  If  there  shall  then  be  ships  of  war  or 
privateers  belonging  to  both  the  said  belligerents 
within  the  territorial  jurisdiction  of  Her  Majesty, 
in  or  near  the  said  port,  roadstead,  or  waters,  the 
Governor  shall  fix  the  order  of  time  in  which  such 
vessels  shall  depart.  No  such  vessel  of  either 
belligerent  shall  be  permitted  to  put  to  sea  until 
after  the  expiration  of  at  least  twenty-four  hours 
from  the  time  when  the  last  preceding  vessel  of 
the  other  belligerent  (whether  the  same  shall  be 
a  ship-of-war,  or  privateer,  or  merchant  ship) 
which  shall  have  left  the  same  port,  roadstead,  or 
waters  adjacent  thereto,  shall  have  passed  beyond 
the  territorial  jurisdiction  of  Her  Majesty. 

2.  During  the  continuance  of  the  present  hos 
tilities  between  the  Government  of  the  United 
States  of  North-America  and  the  States  calling 
themselves  the  confederate  States  of  America,  all 
ships-of-war  and  privateers  of  either  belligerent 
are  prohibited  from  making  use  of  any  port  or 
roadstead  in  the  United  Kingdom  of  Great  Brit 
ain  and  Ireland,  or  in  the  Channel  Islands,  or  in 
any  of  Her  Majest}r's  colonies  or  foreign  posses 
sions  or  dependencies,  or  of  any  waters  subject 
to  the  territorial  jurisdiction  of  the  British  crown, 
as  a  station  or  place  of  resort  for  any  warlike 
purpose,  or  for  the  purpose  of  obtaining  any  fa 
cilities  of  warlike  equipment ;  and  no  ship-of-war 
or  privateer  of  either  belligerent  shall  hereafter 
be  permitted  to  sail  out  of  or  leave  any  port,  road 
stead,  or  waters,  subject  to  British  jurisdiction, 
from  which  any  vessel  of  the  other  belligerent 
(whether  the  same  shall  be  a  ship-of-war,  or  pri 
vateer,  or  a  merchant  ship)  shall  have  previously 
departed,  until  after  the  expiration  of  at  least 
twenty  four  hours  from  the  departure  of  such 
last-mentioned  vessel  beyond  the  territorial  juris 
diction  of  Her  Majesty. 

If  any  ship-of-war  or  privateer  of  either  bellige 
rent  shall,  after  the  time  when  this  order  shall  be 
first  notified  and  put  in  force  in  the  United  King 
dom  and  in  the  Channel  Islands,  and  in  the  sev 
eral  colonies  and  foreign  possessions  and  depend 
encies  of  Her  Majesty  respectively,  enter  any 
port,  roadstead,  or  waters  belonging  to  Her  Ma 
jesty,  either  in  the  United  Kingdom  or  in  the 
Channel  Islands,  or  in  any  of  Her  Majesty's  colo 
nies,  or  foreign  possessions  or  dependencies,  such 
vessel  shall  be  required  to  depart  and  put  to  sea 
within  twenty-four  hours  after  her  entrance  into 
such  port,  roadstead,  or  waters,  except  in  c:\se  of 
stress  of  weather,  or  of  her  requiring  provisions 
or  things  necessary  for  the  subsistence*  of  her 
crew,  or  repairs,  in  either  of  which  cases  the  au 
thorities  of  the  port,  or  of  the  nearest  port,  (as 
the  case  may  be,)  shall  require  her  to  put  to  sea 
as  soon  as  possible  after  the  expiration  of  such 
period  of  twenty-four  hours,  without  permitting 
her  to  take  in  supplies  beyond  what  may  be  ne- 
cessary  for  her  immediate  use  j  and  no  such  ves* 


DOCUMENTS. 


sel  which  may  have  been  allowed  to  remain  within 
British  waters  for  the  purpose  of  repair  shall 
continue  in  any  such  port,  roadstead,  or  waters 
for  a  longer  period  than  twenty -four  hours  after 
her  necessary  repairs  shall  have  been  completed  ; 
provided,  nevertheless,  that  in  all  cases  in  which 
there  shall  be  any  vessels  (whether  ships-of-war, 
privateers,  or  merchant  ships)  of  both  the  said 
belligerent  parties  in  the  same  port,  roadstead,  or 
waters  within  the  territorial  jurisdiction  of  Her 
Majesty,  there  shall  be  an  interval  of  not  less 
than  twenty-four  hours  between  the  departure 
therefrom  of  any  such  vessel  (whether  a  ship-of- 
war,  a  privateer,  or  a  merchant  ship)  of  the  one 
belligerent,  and  the  subsequent  departure  there 
from  of  any  ship-of-war  or  privateer  of  the  other 
belligerent ;  and  the  times  hereby  limited  for  the 
departure  of  such  ships-of-war  and  privateers  re 
spectively  shall  always,  in  case  of  necessity,  be 
extended  so  far  as  may  be  requisite  for  giving 
effect  to  this  proviso,  but  not  further  or  other 
wise. 

4.  No  ship-of-war  or  privateer  of  either  bellige 
rent  shall  hereafter  be  permitted,  while  in  any 
port,  roadstead,  or  waters  subject  to  the  territo 
rial  jurisdiction  of  Her  Majesty,  to  take  in  any 
supplies,  except  provisions  and  such  other  things 
as  may  be  requisite  for  the  subsistence  of  her 
crew ;  and  except  so  much  coal  only  as  may  be 
sufficient  to  carry  such  vessel  to  the  nearest  port 
of  her  own  country,  or  to  some  nearer  destina 
tion  ;  and  no  coal  shall  be  again  supplied  to  any 
such  ship-of-war  or  privateer,  in  the  same  or  any 
other  port,  roadstead,  or  waters  subject  to  the 
territorial  jurisdiction  of  Her  Majesty,  without 
special  permission,  until  after  the  expiration  of 
three  months  from  the  time  when  such  coal  may 
have  been  last  supplied  to  her  within  British  wa 
ters  as  aforesaid.  I  have,  etc., 

RUSSELL. 
His  Grace  the  Duke  of  Newcastle,  etc.,  etc.,  etc. 

Now,  therefore,  I  do  hereby  issue  this  my  pro 
clamation,  notif}ring  and  publishing  the  foregoing 
despatch  for  general  information  and  the  guidance 
of  all  and  every  person  and  persons  whom  it  may 
in  any  wise  concern  or  affect,  to  the  intent  that 
they  may  respectively  take  notice  of  the  same 
and  govern  themselves  accordingly. 

Given  under  my  hand  and  the  seal  of  the  said 
Bahama  Islands,  at  Nassau,  in  the  Island  of  New- 
Providence,  the  eleventh  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-two,  and  in  the  twenty-fifth  year  of  Her 
Majesty's  reign.  By  His  Excellency's  command. 
C.  R.  NESBITT, 

Colonial  Secretary. 

GOD   SAVE   THE   QUEEN  ! 


Doc.  57. 
COL.  STREIGHT'S  EXPEDITION. 

JOURNAL     OF    H.     BREIDENTHAL,     SERGEANT    CO.     A, 
THIRD    OHIO    VOL.    INFANTRY. 

MUBFREESBORO,  TERN.,  April  6,  1868. 

CONSIDERABLE  excitement  has  been  caused  to 
day  by  the  intelligence  that  our  regiment,  (Third 


0.  V.  infantry,)  with  several  others,  had  been 
selected  for  a  secret  expedition.  This  evening 
we  received  orders  to  turn  over  all  our  camp 
equipage,  etc.,  and  be  in  readiness  to  leave  to 
morrow,  "at  a  moment's  warning."  .  .  . 

April  7,  Nashville,  Tenn. — All  was  bustle  this 
morning  early,  as  we  proceeded  to  leave  camp. 
After  leaving  we  were  placed  upon  the  cars,  and 
after  a  few  hours'  rough  riding,  we  were  halted 
two  miles  south  of  Nashville,  and  are  now  bivou 
acked  for  the  night.  .  .  . 

April  8. — This  day  has  been  spent  in  making 
preparations  for  the  expedition. 

April  9. — We  have  been  busy,  preparing  for 
a  raid  "  somewhere."  Details  have  been  made 
to  assist  in  shipping  our  animals,  saddles,  etc.  .  . 

April  10. —  .  .  This  four  P.M.  a  forward 
movement  was  ordered,  and  we  took  up  our  line 
of  march  for  the  river,  passing  through  the  city, 
and  depositing  all  our  surplus  personal  effects  in 
a  warehouse  for  safe  keeping,  until  we  shall  re 
turn  from  the  "raid."  We  were  placed  on  board 
of  the  steamers  Nashville,  Hazel  Dell,  and  Au 
rora.  We  found  the  lower  deck  crowded  with 
mules — the  odor  of  which  was  not  agreeable  to 
our  "oil-factories,"  as  old  Mother  Partington 
would  say ;  but  as  we  were  much  fatigued  we 
made  our  beds  side  by  side  with  our  long-eared 
friends,  and  soon  were  in  the  realm  of  Mor 
pheus.  .  .  . 

April  11.  .  .  .  Morning,  bright  and  ear 
ly  our  fleet,  numbering  about  twenty  vessels,  took 
up  the  line  of  steamboats  for  down  the  river.  All 
went  smoothly  on  ;  but  we  proceeded  slowly,  as 
we  were  apprehensive  of  an  attack.  We  saw  nu 
merous  wrecks  of  steamboats,  which  the  rebels 
have  recently  captured  of  us  and  destroyed. 
Among  the  number  were  those  captured  last  Jan 
uary  at  Harpeth  Shoals,  containing  our  wounded, 
which  the  drunken  secesh,  after  firing  into  them, 
taking,  then  maltreating  the  wounded,  and  after 
ward  destroying  the  boats.  So  much  for  boasted 
Southern  chivalry  ;  pshaw !  We  arrived  at  eleven 
A.M.  at  Clarksville,  and  remained  until  two  P.M. 
The  place  is  fortified  and  garrisoned  by  our  troops. 
This  afternoon  we  steamed  down  to  Palmyra,  and 
landed  the  greater  part  of  our  forcos,  which  con 
sist  of  the  Fifty-first  and  Seventy-third  Indiana, 
the  Eightieth  Illinois,  and  Third  Ohio  regiments 
of  infantry,  two  companies  of  the  First  Tennessee 
cavalry,  and  two  pieces  of  artillery,  brass  twelve- 
pound  howitzers.  This  small  town  of  Palmyra 
was  recently  reduced  to  ruins  by  our  forces 'for 
some  depredations  the  inhabitants  had  committed. 
The  scene  of  getting  the  mules  off  the  boat  was 
ineffably  ludicrous,  beggaring  all  description,  and 
will  have  to  be  imagined.  The  rain  is  pouring 
down,  and,  fortunately  for  some  of  us,  our  com 
pany  remains  on  the  boat.  We  leave  to-mor 
row.  .  . 

April  12. — This  morning  early,  part  of  the  out 
fit  was  unshipped,  to  supply  those  with  the  ne 
cessary  articles  for  an  overland  journey  to  Fort 
Henry.  Three  companies  were  detailed  to  accom 
pany  the  fleet.  In  the  afternoon  we  were  on  our 
way  for  Smithland,  Kentucky,  on  the  Ohio  River. 


338 


REBELLION   RECORD,  1862-63. 


In  the  evening;  w  3  passed  Fort  Donelson,  the  place 
which  has  been  honored  with  a  niche  in  history 
and  in  song,  and  will  ever  be  held  in  grateful  re 
membrance  by  a  free  and  happy  people,  as  being 
the  spot  where  victory,  accompanied  by  so  much 
glory,  throwing  her  bright  halo  around  our  starry 
flag,  and  placing  a  lustrous  chaplet  of  laurel  on 
the  brow  of  Grant  and  his  brave  boys.  We  fired 
a  volley  as  we  passed  in  honor  of  the  braves  who 
slumber  sweetly  in  the  graves  of  patriots,  and  for 
those  who  are  now  watching,  under  the  same 
chieftain  in  another  field,  the  honor,  glory,  and 
fame  of  our  beloved  country.  All  honor  to  the 
heroes  of  Fort  Donelson,  and  although  it  was  not 
our  fortune  to  stand  shoulder  to  shoulder  with 
them  here,  and  had  not  the  names  of  Fort  Don 
elson,  Shiloh,  Corinth,  and  luka,  inscribed  upon 
our  old  colors  waving  there,  which  bears  evidence 
of  the  storm  of  battle  of  Chaplin  Hills  and  Mur- 
freesboro  upon  their  tattered  folds,  yet  we  are 
proud  to  speak  of  your  deeds  of  heroic  bravery, 
never  for  a  moment  doubting  that,  with  such  a 
record  behind  you,  but  you  will  ever  be  ready, 
when  the  time  shall  come,  to  move  with  your  in 
domitable  chieftain  Grant,  "  immediately  upon  the 
enemy's  works."  We  arrived  at  Smithland  about 
midnight,  and  cast  anchor.  .  .  . 

April  13. — Our  flotilla  has  been  engaged  all 
day  in  coaling.  As  some  of  our  boats  were  push 
ing  out  from  the  barges,  there  occurred  one  of 
those  sad  accidents  so  common  in  river  life,  death 
from  drowning.  I  give  this  incident  to  illustrate 
the  effect  and  power  which  circumstances  or  men's 
prejudices  exercise  over  their  sympathies.  As  I 
said  above,  we  were  pushing  out  when  we  were 
startled  by  the  cry :  "  A  man  overboard,  a  soldier 
is  drowning  !"  then  the  sad  news  came  up  that 
he  had  sunken  beneath  the  boat,  and  would  in 
evitably  be  lost.  There  could  be  no  doubt  as  to 
his  being  a  soldier,  they  said,  for  there  was  his 
hat.  One  would  say,  "  Poor  fellow !  he  has  at 
last  gone  to  his  long  home,"  and  so  the  expres 
sions  of  deep  sorrow  passed  ;  we  all  felt  unfeigned 
grief  for  his  loss.  Said  one  fellow  by  me,  who 
never  before  was  known  to  manifest  any  feeling 
save  for  a  glass  of  whisky,  and  who  never  shed  a 
tear  of  regret  unless  on  account  of  bad  "  spirits,"  as 
his  eye  grew  moist :  "  Poor  fellow  !  I  never  wit 
ness  such  unfortunate  accidents  but  what  it  un 
nerves  me ;  and  just  to  think  that  he  has  escaped 
the  dangers  of  the  battle-field  but  to  die  in  this 
manner."  But  just  as  he  had  completed  this 
commendable  burst  of  feeling,  the  terrible  news 
reached  them  that  in  the  place  of  it  being  a  poor 
soldier,  it  proved  to  be  "  nothing  but  a  negro." 
To  some  it  might  have  been  interesting  to  have 
witnessed  the  quick  revulsion  of  countenance  of 
the  bystanders,  for  instead  of  their  former  elong 
ation  they  assumed  rather  a  condemnatory  and 
sarcastic  one,  as  they  growled  out,  "  Humph ! 
nothing  but  a  nigger,"  and  the  poor  fellow  espe 
cially  mentioned  above  went  down  to  the  bar  to 
44  liquor,"  no  doubt  to  console  his  wounded  pride 
for  expressing  sorrow  for  the  death  of  a  son  of 
Ham.  I  j  ust  thought  how  unfortunate  it  was  that 
a  man  of  great  mind,  refined  feelings,  and  exalted 


opinion  of  the  great  superiority  of  the  Anglo-Sax 
on  race,  should  be  betrayed  into  such  a  humili 
ating  act  as  to  take  any  notice  of  those  beings 
whom,  to  shield  himself  and  spare  the  white  man's 
blood,  is  willing  to  have  placed  between  him  and 
the  enemy's  balls  as  a  protection.  Poor  fellow! 
I  trust  the  whisky  will  prove  a  panacea  to  his 
wounded  "  feelinks,"  and  in  the  future  will  be 
more  cautious,  and,  like  George  E.  Pugh  in  the 
Kansas  trouble,  "  wait  for  the  facts."  We  have 
tied  up  at  Smithland  for  the  night,  awaiting  or 
ders. 

April  14.—  .  .  .  Our  fleet  left  Smithland 
at  four  A.M.,  and  anchored  at  Paducah,  -twelve 
miles,  at  six  A.M.  Evening — tve  have  been  lying 
here,  awaiting  the  arrival  of  General  Ellet's  Ma 
rine  brigade,  consisting  of  five  transports,  two 
gunboats,  and  a  ram,  which  are  to  be  our  convoy 
up  the  Tennessee.  Six  P.M. — The  fleet  has  just 
come  in,  and  we  leave  on  the  morrow.  .  .  . 

April  15.  .  .  .  Our  "  navy"  left  Paducah 
at  ten  o'clock  A.M.,  and  are  now  (six  P.M.)  steam 
ing  up  the  Tennessee  River.  The  rain  is  coming 
down  in  torrents,  which  will  aid  us  much  if  we 
go  far  up.  ... 

April  16. —  .  .  .  We  arrived  at  Fort 
Henry  at  midnight,  distant  from  Paducah  sev 
enty-five  miles.  The  day  has  been  employed  in 
shipping  a  large  number  of  animals  that  were 
u  confiscated "  by  the  forces  sent  across  from 
Palmyra.  I  went  up  to  see  the  fort,  which  Gen 
eral  Tilghman  was  forced  to  surrender  after  sixty 
minutes'  bombardment ;  its  position  is  good, 
commanding  a  long  reach  of  the  river,  and  shows 
undoubted  evidence  of  having  felt  "  Uncle  Sam's 
Foote."  .  .  . 

April  18. —  .  .  .  We  left  our  moorings  at 
five  A.M.,  for  "up  the  river."  Nothing  of  much 
interest  occurred  until  late  in  the  afternoon,  when 
I  witnessed  one  of  the  most  touching  sights  I  have 
ever  seen.  As  we  made  a  bend  in  the  river,  we 
came  in  sight  of  some  two  hundred  Union  refu 
gees,  consisting  of  men,  women,  and  children, 
with  their  scanty  effects  piled  upon  the  bank,  all 
awaiting  some  friendly  boat  to  transport  them  to 
the  promised  land  of  freedom.  As  we  drew  near 
they  assembled  together  in  groups,  (in  families, 
I  suppose,)  and  as  we  passed  they  sent  up  a  shout 
for  our  old  flag  and  the  Union.  Ah  !  I  tell  you  it 
stirred  the  blood,  swelled  the  heart,  and  filled 
every  eye,  and  drew  a  yell  from  us  of  hearty  re 
sponse,  that  echoed  along  the  valley  and  ovei  the 
hill-tops — an  occurrence  very  seldom  with  the 
boys  now,  as  they  have  long  since  ceased  to  man 
ifest  enthusiasm  at  every  rag  that  is  waved  at 
them.  When  we  reflect  that  these  persons  have 
been  driven  by  the  secesh  from  their  homes  in 
Alabama,  Mississippi,  and  East-Tennessee,  for 
opinion's  sake,  and  compelled  to  take  refuge  from 
tyranny  by  fleeing  from  home  and  all  the  dear 
associations  that  gather  around  that  hallowed 
spot,  and  all  for  the  sake  of  freedom,  we  say  that 
union  is  worth  all  the  sacrifices  that  have  been 
or  will  be  made  ;  ay,  or  that  can  be  made  for 
its  restoration  and  perpetuity.  So  let  us  beai 
this  ever  in  mind,  and  stand  firm  and  united  t* 


DOCUMENTS. 


the  last;  for  remember,  that  if  we  suffer  our 
selves  to  be  divided  by  traitors  in  the  North,  we 
will  inevitably  be  defeated  at  the  South  ;  then, 
farewell  forever  the  Union  and  Liberty,  the  hope 
of  all  in  our  own  land,  and  of  the  oppressed  of 
the  whole  world.  We  tied  up  for  the  night  at 
Savannah,  at  eight  P.M.  .  . 

April  19.—  .  .  .  The  fleet  left  Savan 
nah  at  daylight,  and  passed  Pittsburgh  Landing 
at  eight  A.M.  To  the  passer-by  it  presents  but 
little  evidence  of  being  the  theatre  of  one  of  our 
severest  struggles  for  the  supremacy  during  this 
rebellion.  It  has  been  too  often  described  for 
me  to  attempt  it  now.  We  stopped  a  few  minutes 
at  Hamburgh  Landing,  Tenn.  We  arrived  and 
landed  at  Eastport  Landing  at  five  P.M.,  and 
pitched  our  "  pup  tents"  on  the  bank.  The  vil 
lage,  which  is  half  a  mile  back  on  a  bluff,  is  in  a 
miserably  dilapidated  condition,  and  we  rendered 
it  more  so,  if  possible,  by  burning  the  greater 
portion  of  it,  for  some  depredations  the  inhabit 
ants  had  done — shooting  at  one  of  our  soldiers,  I 
understand.  Our  animals  and  stores  are  being 
put  ashore,  and  all  is  bustle  around.  .  .  . 

April  20. —  .  .  .  The  day  has  been 
spent  in  making  preparations  for  the  expedition. 
Details  have  been  mounted  and  sent  out  to  gath 
er  in  all  the  animals  in  the  country  ;  others  are 
equipping  the  remainder.  Some  prisoners  taken 
by  General  Dodge,  near  Bear  River,  were  brought 
in  here  to-day. 

April  21. —  .  .  .  This  A.M.  has  been 
ivell  employed  in  getting  our  animals,  amounting 
to  several  hundred,  completely  accoutred  and 
mounted,  and  sent  through  the  country  toward 
Corinth,  or  in  the  direction  of  General  Dodge's 
forces,  to  gather  up  all  the  horses  and  mules  for 
our  brigade.  Three  P.M.,  broke  up  camp,  em 
barked  on  the  Fitzhugh  steamboat,  proceeded  up 
the  river  two  miles,  and  debarked  at  Westport, 
Ala.  It  having  poured  down  rain  while  on  board, 
the  ground  was  in  consequence  slimy,  which  the 
animals  soon  cut  up  into  deep  mud.  As  there 
were  not  a  sufficient  number  of  animals  to  mount 
the  whole  command,  the  greater  number  of  our 
regiment  (Third  Ohio)  and  part  of  the  Eightieth 
Illinois  were  compelled  to  march  on  foot.  So 
about  five  P.M.  we  took  up  our  line  of  march 
south,  toward  General  Dodge,  through  bogs  and 
mud,  over  hills,  etc. ;  the  latter  article  being  pret 
ty  plenty.  When  we  had  got  six  or  eight  miles, 
our  guide  lost  his  way,  and  we  were  obliged  to 
make  the  best  of  our  way  through  rain,  water, 
and  mud,  knee-deep,  and  in  inky  darkness  until 
toward  midnight ;  having  come  fourteen  miles, 
and  being  much  fatigued,  we  halted  in  the  woods 
for  the  night.  I  made  me  a  shelter  by  leaning  a 
few  rails  against  the  fence ;  and  spreading  a  tent 
over  and  my  oil -cloth  under  me,  lay  down,  wet 
as  I  was,  and  slept,  the  rain  making  music  on  my 
roof. 

April  22. —  .  .  .  We  scrambled  out  of 
our  "virtuous  couches"  at  daylight.  I  made 
myself  a  hasty  cup  of  coffee,  and  took  a  cracker. 
We  then  resumed  our  march,  until  five  miles 
brough*  us  to  General  Dodge's  camp,  situated 


along  the  Memphis  and  Charleston  Railroad, 
about  thirty  miles  west  of  Tuscumbia,  Ala.  No\f 
we  are  taking  a  flying  dinner,  as  it  is  reported 
that  we  leave  camp  this  P.M.  Evening — It  is  now 
rumored  that  we  remain  here  all  night.  The 
country  is  miserably  desolate  and  wild,  full  of 
morasses,  barren  plains,  and  sterile  hills,  covered 
by  jack  oaks  and  scrubby  pines.  The  weather, 
though,  is  delightful  to-day.  I  am  of  opinion 
that  this  "expedition"  is  a  hazardous  one;  also 
that  it  will  require  great  sacrifices  and  impose 
great  privations.  I  don't  think  we  will  leave 
here  until  the  greater  portion  of  the  command 
is  mounted,  then  there  will  be  "  mounting  in  hot 
haste,"  (and  probably  dis-mounting  too,)  and 

then  off  for  a  raid  upon (I  will  fill  the  blank 

when  this  expedition  is  no  longer  a  secret.) 
General  Dodge  furnished  us  with  a  number  of 
animals,  and  our  scouts  have  brought  in  a  num 
ber  more,  which  will  mount  all  of  our  regiment, 
but  a  couple  of  companies. 

April  23. —  .  .  .  General  Dodge's  com 
mand  passed  us  early  this  morning  for  Tuscum 
bia.  We  followed  at  nine  A.M.,  marching  twenty 
miles,  through  some  better  country.  In  places 
we  saw  evidence  of  severe  skirmishing,  dead 
horses,  defaced  and  burned  houses,  etc.  We  saw 
corn  six  inches  high,  and  it  looked  healthy,  but 
wheat  and  rye  looked  very  bad,  and  very,  very 
scattering.  We  have  pitched  our  "  pup  tents  " 
a  day's  march  nearer  (not  home — heaven  bless 
the  hallowed  spot  and  the  dear  ones  there)  Tus 
cumbia,  which  is  nine  miles  distant.  While  my 
coffee  is  cooling  I  might,  like  some  journalists 
and  other  quidnuncs,  turn  military  censor  and 
criticise  what  I  deem  some  of  the  objectionable 
features  of  this  expedition,  but  I  have  no  am 
bition  to  see  myself  employed  in  this  questiona 
ble  and  most  generally  abused  business ;  but  re 
membering  that  obedience  and  not  censure  is  the 
duty  of  the  soldier,  and  also  knowing  that  a  fool 
will,  after  a  fault  has  been  committed,  detect  it, 
whilst  a  wise  man  would  not  have  seen  it  be 
fore  ;  so  I  will  remain  silent  where  comment 
and  fault-finding  would  be  presumptuous  ;  and 
I  will  exercise  charity  and  hope,  where  I  can 
not  see  wisdom  or  generalship ;  hoping  that 
much  good  will  result  from  such  sacrifices  and 
hardships  made  and  endured  by  all.  My  coffee 
is  lukewarm,  and  so,  no  doubt,  are  my  thoughts 
and  myself.  The  weather  to-day  has  been  truly 
delightful,  and  the  only  drawback  experienced  by 
us  rear-guards  was  caused  by  some  of  our  carrier 
mules  giving  out  under  their  packs,  thereby  de 
taining  us  considerably.  Nine  P.M. — Our  com 
pany  (A)  drew  our  animals,  mostly  mules ;  and 
splendid  ones  they  are,  too ;  freshly  "  confis 
cated."  We  got  the  mules,  and  the  owners  re 
ceived  the  following  "provisional"  note  to  their 
receipt,  namely : 

"  The  within  account  is  not  transferable,  and 
payable  only  to  the  original  holder  at  the  close 
of  the  war,  upon  undoubted  proof  of  loyalty  to 
the  Federal  Government,  from  within  date. 
"A.  D.  STREIGHT, 

41  Colonel  commanding  Independent  Provisional  Brigade.* 


340 


REBELLION   RECORD,  1862-63. 


I  am  very  much  inclined  to  believe  that  this 
"  provisional "  addition  to  this  "  note-book  "  will 
not  soon  fill  his  crib  or  start  his  plough  in  the 
field ;  for,  seriously,  I  believe  this  raid  upon  the 
plantations  for  our  "  contributions "  or  daily 
"  collections  "  raised  from  these  disloyal  scoun 
drels,  will  cause  agriculture  in  this  country  to 
be  seriously  injured,  and  materially  retarded  for 
some  time.  .  .  . 

April  24. —  .  .  .  Evening  — We  feel 
considerable  soreness,  having  been  in  the  pack- 
saddle  for  fifteen  hours,  and  ridden  forty  miles. 
This  morning  early  we  received  our  outfit  for  our 
animals  —  the  most  noticeable  article  was  the 
thing  we  had  to  ride  on,  it  being  nothing  but  a 
No.  1  pack-saddle,  which  required  half-a-dozen 
blankets  to  preserve  the  mules'  backs,  and  an 
other  bundle  to  guard  or  protect  us  in  the  rear. 
We  then  started  oif  on  a  scout,  leaving  the  Tus- 
cumbia  road  at  right  angles,  toward  the  small 
town  of  Frankfort.  Our  way  for  the  greater 
part  of  the  day  lay  across  a  spur  of  Pea  Ridge 
and  through  a  rough,  barren  country,  the  chief 
products  being  children.  The  ride  was  very  se 
vere  on  us,  as  we  were  not  accustomed  to  the 
"saddle."  At  one  P.M.  we  heard  cannonading 
in  the  direction  of  Florence,  Ala.,  as  we  suppos 
ed,  between  General  Dodge  and  Colonel  Roddy. 
We  were  compelled  to  ride  the  whole  day  with 
out  feeding  our  poor  animals,  as  it  was  impossi 
ble  to  find  in  this  barren  country  sufficient  for 
age  for  them.  We  arrived  opposite  Tuscumbia 
at  ten  P.M.,  very,  very  much  fatigued,  sore  and 
hungry.  We  found  General  Dodge's  forces  en 
camped  in  line  of  battle,  as  though  he  was  appre 
hensive  of  an  attack. 

After  changing  our  position  by  several  com 
mands  and  counter  orders,  we  finally  anchored 
our  mules  wherever  we  could,  and  are  perfectly 
willing  now  (midnight)  to  throw  our  aching  bodies 
down,  and  "  sleep  dull  care  away."  .  .  . 

April  25. —  .  .  .  We  are  all  well  and 
in  buoyant  spirits  this  morning,  and  need  but 
a  little  rest  for  our  rear,  for  it  was  very  much 
harassed  in  yesterday's  ride.  The  day  has 
been  usefully  employed  in  making  needful  ar 
rangements  for  a  permanent  start  on  our  "  ex 
pedition."  This  is  a  good  country,  but  foraging 
parties  have  drained  it  of  almost  all  its  pro 
ducts.  The  weather  remains  delightful.  We 
have  collected  some  forage  together  for  our 
stock.  .  .  . 

April  26. —  .  .  .  We  yet  remain  at 
Tuscumbia.  We  have  been  foraging  for  corn, 
fodder,  animals,  etc.  I  gathered  some  sweet 
flowers  and  sent  them  home.  Oh  !  I  would  love 
to  see  Linna  and  our  sweet  little  flower,  Willie. 
I  trust  they  are  all  enjoying  good  health,  and 
all  the  blessings  possible  for  them  in  their  pres 
ent  circumstances.  If  they  feel  as  I  do,  they 
are  very  lonely.  By  this  I  mean  that  the  heart 
feels  a  solitariness  at  times,  when  separated 
from  home,  akin  to  sorrow ;  and,  although  one 
may  be  surrounded  by  busy  thousands,  yet  the 
aspiration  of  the  yearning  soul  is  for  the  dear 
ones — home's  treasures.  Under  the  influence  of 


such  elevated  feeling,  how  true  and  sweer  are 
the  lines  of  Payne  : 

"  No  matter  where  we  roam, 
There's  no  place  like  home." 

The  weather  has  changed,  as  it  is  now  (five 
P.M.)  storming  furiously,  the  rain  coming  down 
in  a  flood.  We  leave  here  at  midnight. 

April  27. —  .  .  .  We  were  aroused  from 
our  refreshing  slumbers  at  eleven  P.M.,  and  pre 
pared  our  meals  and  mules,  and  were  in  the  sad 
dle  at  dne  A.M.,  and  started  immediately  on  the 
Russellsville  road,  but  made  but  five  miles  by 
daylight,  on  account  of  the  badness  of  the  roads 
and  depth  of  the  streams  swollen  by  the  recent 
rains.  We  reached  Russellsville  at  ten  A.M.,  a 
distance  of  eighteen  miles,  north-west  of  Tus 
cumbia.  We  found  it  a  small,  mean-looking 
secesh  hole,  and  had  once  been  a  county  seat. 
We  succeeded  in  capturing  a  secesh  major  here 
and  paroled  him  ;  we  halted  long  enough  to  feed, 
and  at  eleven  A.M.  were  in  our  saddles,  and  took 
a  south-western  direction,  and  had  proceeded 
ten  miles,  when  our  advance-guard  (company  F, 
Third  Ohio)  was  ambushed  by  a  company  of 
bushwhackers,  but  fortunately  we  received  no 
injury,  we  all  quickly  dismounted,  and  leaving 
every  fourth  man  to  hold  the  stock,  we  started 
and  deployed  out  to  flank  them,  but  they  "  lit 
out"  as  soon  as  they  delivered  two  rounds.  We 
then  scouted  each  side  of  the  road  for  two  miles, 
but  did  not  succeed  in  capturing  any  of  them. 
After  securing  some  good  horses  and  forage  we 
started  on  again,  and  at  sunset  reached  Mount 
Hope,  a  small  village,  thirty-six  miles  distant 
from  Tuscumbia,  where  we  went  into  camp, 
somewhat  fatigued  and  hungry  ;  we  soon  sat 
isfied  the  wants  of  the  latter  demand  of  nature 
with  a  good  supper  of  ham,  coffee,  crackers,  etc., 
(the  last-named  article  not  being  great  in  vari 
ety,)  and  now,  as  I  have  a  good  bed  made,  I 
will  proceed  to  satisfy  the  other  claim,  that  a 
weary  body  lives  to  embrace :  "  Sleep,  balmy 
sleep,  nature's  sweet  restorer." 

April  28. —  .  .  .  Morpheus,  whom  I 
wooed  with  a  sweet  strain  from  Milton,  came  im 
mediately  and  locked  me  in  his  invigorating  em 
brace  until  the  "  break  o'  day,"  many  thanks  to 
him,  for  I  am  ready  to  say  with  Cervantes: 
"Blessed  is  the  man  that  invented  sleep."  So 
au  revoir.  At  eleven  A.M.  a  large  detachment  of 
this  command  left  on  a  scout,  and  the  remainder 
seems  to  be  resting  on  their  laurels  and  blankets, 
generally  the  latter,  I  believe.  The  remainder  of 
our  brigade  left  camp  at  one  P.M.,  and  after  a  ride 
of  twelve  miles  over  the  most  miserable  roads,  we 
arrived  at  dark  in  Moulton,  the  capital  of  Law 
rence  County,  and  bivouacked  about  nine  P.M. 

April  29. —  .  .  .  We  had  scarcely  gone 
to  sleep,  when  we  were  aroused  and  ordered  to 
bed  and  be  ready  to  leave  by  midnight,  wrhich  we 
did.  We  left  town  at  one  A.M.,  taking  a  south 
westerly  direction.  Nothing  of  much  importance 
occurred  until  nine  A.M.,  when  we  came  in  sight 
of  some  rebels  at  a  house,  in  charge  of  some  ba 
con  intended  for  their  army,  but  on  perceiving 


DOCUMENTS. 


341 


our  approach,  they  fled  to  the  woods,  leaving 
wagons,  mules,  negroes,  and  their  breakfast  of 
corn-cakes,  which  I  can  testify  disappeared  in 
another  direction  and  in  as  great  haste,  but  in 
better  order  and  spirits.  We  pursued  but  did 
not  overtake  them.  We  captured  several  loads 
of  good  bacon  and  a  number  of  good  mules  and 
horses.  We  retained  the  latter,  burning  the 
wagons  and  bacon ;  then  started  on  our  march, 
and  met  several  parties  similarly  employed  and 
equally  successful ;  one  party  overtook  a  wagon 
loaded  with  the  county  records,  but  left  them  un 
molested.  We  here  learned  that  that  detachment 
sent  out  from  Mount  Hope  yesterday  morning  had 
overtaken  a  great  quantity  of  bacon  and  forage 
in  the  mountains  and  destroyed  it,  amounting  to 
several  thousand  pounds,  and  had  been  collected 
from  Mississippi,  Tennessee,  and  Alabama.  They 
also  found  considerable  supplies  at  Stephenson's 
Springs,  which  was  likewise  destroyed.  When 
we  had  again  gotten  under  way,  we  were  rejoined 
by  an  old  gentleman,  a  Probate  Judge  of  this 
county.  I  have  lost  his  name  now.  He  stated 
that  his  object  was  to  reclaim  some  sable  boys  of 
his,  if  agreeable  to  the  commander,  who  had  for 
the  time  been  "confiscated,"  to  take  charge  of 
the  captured  animals  and  a  few  wagons  reserved 
for  our  own  convenience.  He  stated  to  us  that 
his  son,  hearing  that  we  were  coming,  had,  with 
out  his  knowledge  or  consent,  taken  it  upon  him 
self  to  ran  it  off  to  a  place  of  safety,  and  had 
taken  these  black  boys  with  him.  He  was  then 
referred  to  Col.  Streight,  adding  that  had  he  left 
his  bacon  in  the  smoke-house,  it  would  not  have 
been  molested ;  but  instead  of  that,  we  captured 
it  under  a  rebel  guard,  and  consequently  was 
"  contraband,"  and  more,  if  we  were  not  mis 
taken,  we  saw  him  among  the  skedaddlers.  This 
took  all  the  "  wind  out  of  his  sails,"  and  he 
"  came  to,"  and  acknowledged  that  he  had  that 
morning  rode  down  to  remonstrate  against  the 
removal  of  the  bacon  by  the  confederates,  when 
we  unexpectedly  made  our  appearance,  and  he 
ran  with  the  rest.  We  told  him  that  if  he  was 
honest,  he  should  have  remained  to  the  last ;  but 
he  said  he  did  not  know  what  we  might  do.  At 
this  juncture,  our  guide  (of  the  First  Tennessee 
cavalry)  came  up,  and  recognized  in  the  old  gen 
tleman  one  of  the  leading  secesh  of  Lawrence 
County.  When  the  guide  called  him  by  name,  he 
appeared  to  be  very  glad  to  see  him,  and  extend 
ed  his  hand,  but  the  guide  not  taking  it,  he  with 
drew  it  with  much  chagrin  and  mortification ;  to 
think  that  one  of  the  "  mudsills"  of  Alabama  (as 
Hammond  has  it)  should  refuse  to  take  the  prof 
fered  hand  of  one  of  the  most  wealthy  "  Southern 
gentlemen,"  was  an  indignity  that  could  not  be 
concealed  by  the  "chivalrous  Southron,"  and  a 
dark  scowl  flitted  across  his  sinister  countenance. 
I  just  thought  that  if  he  had  had  the  noble  guide 
in  Charleston  jail,  where  he  had  confined  before 
many  a  good  Union  man,  he  would  have  felt  the 
old  hyena's  power. 

He  then  appealed  to  our  sympathies,  saying 
that  it  was  hard,  very  hard,  for  him,  in  his  old 
age,  to  be  deprived  of  his  all  and  turned  adrift  in 


the  world ;  that  he  had  done  nothing  to  merit 
this  misfortune  ;  that  he  had  always  been  a  law- 
abiding  citizen,  was  always  a  Douglas  man. 
"  You  know,"  said  he,  appealing  to  the  guide  to 
corroborate  his  statement.  "Yes,"  said  the 
guide,  "  I  believe  you  were  once  a  Douglas  Demo 
crat,  but  that  is  no  reason  or  apology  now  why 
you  should,  in  your  old  age,  prove  recreant  tw 
those  principles,  and  lend  all  your  influence  and 
devote  your  whole  time  and  means  to  the  interest 
of  secession  and  the  traitor  Jeff  Davis — that  you 
should  now  compel  Union  men  to  enlist  in  the 
rebel  army  or  be  incarcerated  in  Moulton  jail,  as 
you  have  done ;  and  now  you  plead  as  a  pallia 
tion  for  your  execrable  conduct  that  you  once 
were  an  advocate  of  Democratic  principles.  Why, 
sir,  the  devil  might  as  well  say  now  that  he  was 
once  an  angel  of  light;"  and  his  answer  to  this 
terrible  philippic  was  this  :  "  What  could  I,  an 
old  man,  do  ?  I  was  elected  a  delegate  to  the 
convention  that  met  at  Montgomery,  with  in 
structions  to  go  with  the  State ;  and  although  I 
was  in  favor  of  remaining  in  the  Union,  yet  when 
the  State  went  out,  I  went  with  her.  Now,  would 
you  not  have  done  as  I  did  ?"  "  No,"  was  the 
emphatic  answer.  "Yes,  but  you  are  a  young 
man,  and  have  no  wife  or  family,  and  home  asso 
ciations  to  sacrifice,  and  you  could  go  where  you 
listed."  "You  are  mistaken,"  was  the  quick, 
cutting  retort ;  "  I  have  a  wife  and  two  little  child 
ren,  that  are  as  dear  to  me  as  yours  are  to  you, 
and  I  left  them,  and  now  you  see  me  here.  It  is 
true  you  did  give  notice  to  the  disaffected  ones 
toward  your  pretended  government  to  leave  the 
State  in  forty  days,  yet  when  they  took  you  at 
your  offer,  they  were  apprehended ;  and  if  they 
refused  to  enlist  in  the  rebel  army,  they  were 
thrown  into  prison,  as  .you  done  ;n  the  cases  of 

Messrs. ,  (here  he  gave  their  names,  but  I  have 

forgotcen  them,)  whom  you  had  placed  in  Moul- 
too  jail  last  spring,  and  left  their  families  to  suf 
fer,  and  you  will  have  to  answer  for  it.  This  is 
but  a  small  portion  of  the  fearful  retribution  that 
will  be  meted  out  to  you  ;"  and  the  indignant 
guide  strode  away,  leaving  the  Judge  to  deliver 
his  decision  when  no  Yankee  soldier  was  near  to 
hear.  It  was  evident  to  every  unprejudiced  per 
son  present  that  the  guide  plead  his  cause  wel\ 
and  made  out  a  plain  case  of  inconsistency  and 
treason  on  the  part  of  the  Judge.  We  then  for 
warded  on  ;  and  I  could  not  help  contrasting  thia 
man's  course  with  that  of  the  sacrificing  patrio% 
Judge  Lane,  of  Huntsville,  Ala.,  who  kept  th* 
old  banner  floating  from  his  own  house  from  the 
time  Alabama  seceded  until  our  beloved  Mitchel 
planted  a  duplicate  on  the  Court-House,  whilst 
the  original  was  presented  to  "  Old  Stars,"  as  we 
loved  to  call  our  old  hero,  heaven  reward  him. 
I  have  been  thus  minute  in  giving  this  conversa 
tion  for  this  reason  :  that  it  is  a  fair  sample,  or 
rather  the  best  palliation  they  can  offer  for  their 
treasonable  course,  that  is,  self-interest  and  pri 
vate  policy;  not  a  particle  of  consideration  for 
the  public  interest  or  weal  ever  entered  into  the 
treasonable  heads  and  traitor-hearted  villains  of 
this  rebellion. 


342 


REBELLION  RECORD,  1862-63. 


"We  went  into  camp  this  evening  near  sunset, 
after  riding  thirty  miles  over  a  rough,  hilly  coun 
try.  Late  this  evening  some  of  our  scouts 
brought  in  ten  or  twelve  wagon-loads  of  contra 
band  women  and  children  from  our  front,  whom 
the  rebels  were  running  off  South.  We  have 
confiscated  the  mules,  and  will  burn  the  wagons 
in  the  morning.  As  one  of  our  foraging  parties 
was  going  out,  one  mile  from  camp,  they  came 
unexpectedly  upon  a  squad  of  ten  rebels,  fired 
into  them,  scattering  and  capturing  several  pris 
oners,  among  them  a  mail-carrier.  It  appears 
that  the  enemy  are  in  pursuit  of  us.  General 
Dodge,  on  account  of  the  high  waters,  it  appears 
was  not  able  to  cross  the  Tuscumbia  River  and 
engage  Roddy,  in  accordance  with  the  pro 
gramme,  which  leaves  the  latter  free  to  follow  us, 
and  he  is  now  in  hot  pursuit  of  us ;  so  it  will  be 
"  who  and  who  for  the  turkey."  I  have  learned 
that  it  is  not  our  design  to  fight  unless  it  is  un 
avoidable,  but  will  push  on  with  all  our  energies 
to  accomplish  the  object  of  this  expedition. 

April  30. —  .  .  .  We  burned  the  wagons, 
as  per  arrangement ;  but  before  our  whole  column 
had  filed  out  into  the  road,  the  rebels,  who  had 
come  up,  had  got  a  battery  of  two  pieces  in  posi 
tion,  and  began  playing  upon  us  pretty  sharply, 
but  fortunately  doing  us  no  injury.  Our  com 
mand  was  then  forwarded  briskly  on  three  miles 
upon  the  crest  of  a  ridge,  near  "Day's  Gap," 
where  we  were  dismounted  and  formed  in  line  of 
buttle  in  the  best  kind  of  order,  and  awaited  the 
approach  of  the  enemy.  We  had  not  long  to 
wait,  for  they  came  thundering  on,  and  planted 
their  two  pieces  of  field  artillery  but  a  few  hun 
dred  yards  from  our  line  of  skirmishers,  and  com 
menced  to  open  on  us  with  shell  and  shot,  but 
without  much  effect,  as  their  range  was  too  high 
to  reach  us  in  our  sheltered  position.  Our  little 
mountain  howitzers  were  then  brought  to  bear 
upon  them  with  good  result,  for  they  fell  back 
and  tried  our  left  wing,  but  were  signally  repulsed 
by  the  Fifty-first  and  Seventy-third  Indiana,  with 
considerable  loss  on  their  side.  They  then  re 
formed,  making  a  feint  upon  the  right  wing, 
where  the  Eightieth  Illinois  were  posted,  while 
they  at  the  same  time  made  a  demonstration  upon 
our  centre,  where  our  battery  and  part  of  the 
Fifty -first  Indiana  and  Third  Ohio  were,  and  were 
met  with  a  murderous  fire  that  sent  them  back. 
The  Third  was  then  ordered  to  fix  bayonets  and 
charge  upon  their  battery,  and  at  the  command 
every  man  sprang  to  his  feet  and  skipped  off  on 
a  run,  gun  and  hat  in  one  hand,  yelling  like  so 
many  Mohawks,  taking  their  battery  of  two  pieces 
and  one  limber,  and  some  horses,  without  firing 
a  gun,  the  rebels  taking  to  their  heels  and  horses 
and  "lighted  out."  The  enemy  were  so  sur 
prised  at  our  sudden  appearance  in  force  (for 
they  did  not  suppose  that  our  whole  force  had 
halted  and  formed  so  soon)  that  they  fled.  We 
pursued  their  a  few  hundred  yards  and  were  re 
called,  taking  the  pieces  and  placing  them  in  po 
sition  by  the  side  of  ours,  and  manning  them. 
We  were  then  re-formed  upon  our  old  ground,  as 
we  anticipated  a  renewal  of  the  attack.  We  then 


threw  out  a  heavy  line  of  skirmishers  and  vi- 
dettes  ;  but  with  the  exception  of  a  few  scattering 
shots,  no  further  demonstration  was  made  upon 
us  at  this  place.  Noon. — Several  companies  of 
the  Third  Ohio  have  been  thrown  out  as  a  chain- 
guard,  to  protect  the  front  and  right  flank  ;  we 
are  expecting  marching  orders  soon.  While  we 
are  breathing,  let  me  say  here  that  the  engage 
ment  just  ended,  lasting  one  hour,  was  one  of  the 
most  brilliant  affairs  that  I  have  yet  witnes^e^ 
especially  the  bayonet-charge  upon  the  battery, 
where  every  one  went  in  with  a  vim,  the  one 
having  the  nimblest  legs  getting  there  first,  and 
those  with  the  strongest  lungs  making  the  most 
noise.  About  two  P.M.  we  were  ordered  to  fall 
in  and  bring  up  the  rear,  and  we  were  soon  un 
der  full  mule-way,  and  all  went  on  smoothly  for 
ten  miles,  when,  as  our  regiment  was  in  the  act 
of  crossing  a  deep  fork  of  the  Black  Warrior 
River,  the  enemy  came  upon  our  rear,  causing 
considerable  confusion,  but  some  of  us  dismount 
ing,  succeeded  in  holding  the  enemy  in  check 
until  the  remainder  crossed  and  formed  upon  the 
hill,  where  we  had  our  battery  of  four  pieces 
planted  in  good  position.  The  enemy,  led  by 
Forrest,  (the  forces  that  attacked  us  in  the  morn 
ing  were  several  regiments  under  Col.  Roddy,) 
made  a  furious  attack  upon  us,  but  were  repulsed 
again  and  again.  Their  loss  was  certainly  great. 
We  lost  largely.  Just  after  sunset  we  succeeded 
in  completely  silencing  the  enemy.  We  then 
took  these  two  pieces,  after  having  used  all  the 
ammunition,  and  having  no  further  use  for  them, 
and  spiked  them  with  two  rat-tail  files  that  were 
used  by  some  of  the  boys  for  making  finger-rings, 
and  were  left  setting  by  the  roadside.  After 
leaving  a  rear-guard,  we  mounted,  and  again,  at 
nine  P.M.,  started  on  our  ride,  and  kept  on  in  a 
brisk  gait  all  night.  The  enemy's  advance  fol 
lowed  us  fifteen  miles  to  Black  River.  I  under 
stand  it  was  the  design  of  Col.  Streight  to  have 
ambushed  them  had  they  crossed.  .  .  . 

May  1. — This  morning  we  are  still  on  the 
road,  and  are  in  such  haste  to  get  to  our  destina 
tion,  if  possible,  without  further  molestation, 
that  we  are  not  allowed  time  to  stop  to  either 
feed  or  water  our  mules,  but  are  hurried  through 
streams  midsides  to  the  stock,  without  allowing 
them  a  taste.  We  arrived  at  Blountsville  at  elev 
en  A.M.,  and  were  halted  to  feed  ourselves  and 
animals,  after  being  over  twenty-four  hours  in 
the  saddle  and  riding  over  fifty-three  miles.  Here 
we  took  a  good  meal  of  ham  and  coffee,  and  gave 
our  gallant  chargers  a  good  feed  of  corn.  We 
here  burned  our  wagons,  having  no  further  use 
for  them,  as  we  placed  the  ammunition  on  pack 
mules.  At  one  P.M.  we  were  in  the  saddle  again, 
and  on  our  way  on  quick  time,  as  the  rebs  were 
harassing  our  rear;  three  miles  brought  us  to 
a  considerable  stream,  and  being  apprehensive 
that  the  enemy  might  attempt  the  manoauvre  of 
yesterday  evening,  we  were  dismounted,  and 
formed  in  line  ;  but,  after  waiting  an  hour,  we 
again  mounted  and  pursued  our  way  over  a  bar 
ren  country  called  Sand  Mountain.  About  mid 
night  we  halted,  having  come  thirty  miles  since 


DOCUMENTS. 


343 


one  P.M.,  and  since  yesterday  morning  ridden 
eighty  miles,  and  no  sleep.  After  unsaddling  our 
mules,  our  company,  with  two  or  three  more,  went 
out  on  picket ;  consequently  we  had  but  little 
sleep 

May  2. — We  are  well,  but  tolerably  sore.  At 
daylight  we  were  again  on  our  way,  rode  two 
miles,  fed,  and  got  breakfast,  consisting  of  good 
ham,  coffee,  and  crackers ;  it  being  the  second 
feed  in  forty-eight  hours.  We  are  very  particu 
lar  what  we  eat,  now  that  our  commissary  is 
located  all  through  the  country,  and  we  will  not 
have  any  other  meat  but  ham,  for  we  sent  one 
of  our  boys  to  get  meat  for  the  company,  and 
he  returned  without  any,  saying  that  "  there 
was  nothing  in  the  smoke-house  but  shoulders 
and  middlings."  We  halted  but  an  hour,  and 
we  were  up  and  off.  After  marching  fifteen  miles, 
burning  several  bridges  to  retard  the  progress  of 
the  enemy,  we  arrived  at  Gadsden,  situate  upon 
the  Coosa  River.  Just  before  we  came  to  town 
we  witnessed  a  scene  partaking  largely  of  the 
serious  and  comic,  more  particularly  of  the  latter. 
One  of  the  boys,  it  appears,  had  exchanged  horses 
With  a  gentleman  and  lady,  something  after  the 
manner  the  Irishman  traded  linen  with  the 
clothes-line.  And  when  we  came  along,  the  farm 
er  was  setting  in  the  gate-way  sending  forth 
the  following  lamentation,  "  I  have  no  child 
ren,  but  I  have  brothers  in  the  army,"  (he  mistook 
us  for  secesh,)  "boo,  hoo,  hoo,"  and  similar  ex 
pressions  in  the  most  doleful  sounds  that  ever  is 
sued  from  any  blubbering  booby,  whilst  the 
"  better  half"  was  standing  back  regarding  the 
newly  acquired  "  hoss "  of  the  genus  pendent- 
eared  gentry  in  an  altogether  different  mood 
from  that  of  her  husband.  Her  curses  were  not 
uloud,"  but,  judging  from  the  animated  gesticu 
lation  and  the  vinegar  visage  of  the  termagant, 
they  were  "  vasty  deep  ;"  and  take  the  scene  in 
all  its  bearings,  I  should  pronounce  this  "  swop  " 
to  be  an  exchange  under  pretext,  and  will  afford 
our  tender-hearted  and  charitable  sympathizers 
at  home  an  opportunity  to  go  into  hysterics  over 
the  uncharitableness  of  this  u  Abolition  war," 
etc.,  etc.,  to  the  end  of  Billingsgate. 

At  Gadsden  we  destroyed  four  thousand  dol 
lars'  worth  of  good  flour,  five  hundred  stand  of 
arms,  and  the  ferry-boat.  We  again  mounted 
and  started  in  the  direction  of  Rome,  Georgia, 
and  had  trotted  eleven  miles  by  two  P.M.,  and  had 
stopped  to  feed,  when,  near  three  P.M.,  the  rebels 
came  upon  our  rear-guard,  and  wre  were  compel 
led  to  form  again  and  give  them  another  general 
engagement ;  which  was  done  in  quick  time,  and 
in  good  order.  It  was  while  leading  his  regiment, 
(Seventy-third  Indiana,)  that  Colonel  Hathaway 
was  killed  by  a  rifle-shot  at  short-range,  by 
one  of  Biffle's  men  ;  but  when  the  bold  rebel 
turned  to  get  away,  he  was  perfectly  riddled 
With  bullets.  We  lost  more  in  killed  here  than 
in  either  of  the  two  former  engagements.  When 
the  battery  was  placed  in  position  and  began 
to  shell  them,  and  the  centre  sent  in  her  vol 
leys,  the  enemy  soon  fell  back,  leaving  the 
skirmishers  to  do  the  fighting  at  a  more  safe 


distance.  While  here  Colonel  Streight  selected 
two  hundred  and  fifty  of  the  best  mounted 
men  in  his  command,  and  sent  them  in  the  direc 
tion  of  Rome,  forty  miles  dists,  it.  Late  in  the 
afternoon  the  greater  portion  of  the  command 
was  sent  forward,  whilst  the  Third  Ohio  was 
left  behind  as  usual.  After  having  our  animals 
in  the  front,  with  every  fourth  man,  we  then 
burned  the  out-buildings,  and  the  wall  of  the 
fences,  down  to  one  string,  for  a  protection. 
We  then  deployed  out,  and  awaited  the  rebels* 
approach ;  but  in  vain,  for  they  would  not  bite 
at  the  "Yankee"  hook.  So  at  ten  P.M.  we  start 
ed  again  on  quick  time,  and  had  ridden  eight 
miles,  when  the  Adjutant-General  detailed  com 
pany  A,  Third  Ohio,  to  burn  the  "  Round  Mount 
ain  "  smelting-furnace.  We  then  filed  to  the 
left  and  took  the  road  leading  to  it,  and  came  to 
it  in  a  short  time,  where  we  dismounted,  and 
placed  a  guard  over  the  animals,  the  remainder 
of  us  proceeded  to  destroy  the  mammoth  estab 
lishment.  It  was  designed  originally  for  smelt 
ing  iron,  but  has,  within  the  last  year,  been  un 
dergoing  great  additions,  until  they  had  it  al 
most  completed  for  manufacturing  a  variety  of 
the  munitions  of  war,  such  as  cannon,  shell,  etc., 
and  was  worth  several  millions  to  them.  But 
through  the  agency  of  fire,  applied  by  us,  with 
the  hearty  cooperation  of  the  negroes,  who  threw 
the  first  brands  into  their  own  sleeping-berths, 
we  soon  had  the  "heavens  and  earth"  illuminated 
with  the  conflagration  of  one  of  Dixie's  most 
valuable  establishments. 

The  white  laborers,  one  hundred  in  number, 
had  but  that  evening  run  off  a  nice  "  bed  of  pigs," 
and  had  left  the  ten  darkies  to  keep  the  machin 
ery  in  good  order.  They  have  not  as  yet  sent  in 
their  "  morning  report ;"  but,  judging  from  the 
condition  in  which  we  left  it  last  night,  it  will 
be  something  like  this:  "Sick — disease,  severe 
night  attack  of  heat  upon  the  steam-chest,  caused 
by  a  too  free  application  by  *  Yanks  and  niggs  * 
of  fire  to  the  '  tinder '  part,  (as  an  Irishman 
would  say.)  Prescription — several  doses  of 
Yankee  mechanical  ingenuity."  After  seeing  it 
under  good  heading,  we  left  in  great  haste,  and 
rejoined  our  command  at  Centre,  four  miles 
distant.  .  .  . 

May  3. —  ...  It  was  our  intention  to 
have  crossed  the  Autauga  River  at  Centre,  but 
the  boat  was  too  small  and  we  were  compelled  to 
make  a  circuitous  ride,  and  cross  above  at  a  ford. 
By  some  one's  negligence,  our  artillery  ammuni 
tion  was  damaged  by  being  wetted.*  At  day 
light  we  came  to  Cedar  Bluffs,  twenty-eight  miles 
from  Rome  ;  we  destroyed  a  new  set  of  caissons 
at  this  place.  The  boys  were  so  overcome  with 
drowsiness  that  they  would  go  to  sleep  on  their 
animals ;  for  we  had  not  slept  more  than  six 
hours  in  the  last  seventy-two,  and  had  fought 
three  general  engagements,  and  rode  one  hundred 
and  fifty  miles.  We  halted  six  miles  south  of  Ce 
dar  Bluffs,  fed,  and  prepared  our  breakfast.  While 
we  were  thus  engaged,  General  Forrest  came  in 
with  a  flag  of  truce,  and  demanded  our  surren 
der,  which  our  commander  at  once  declined,  and 


344 


REBELLION  RECORD,  18G2-6S, 


was  heard  to  say  that  "  he  would  be  d — d  first. 
But  when  the  ordnance  officer  reported  that  the 
ammunition  was  defective,  a  council  of  war  was 
called  and  the  matter  reconsidered;  and  aftei 
going  out  and  seeing  the  enemy's  forces,  and  tak 
ing  into  consideration  the  fact  that  we  were  three 
hundred  miles  within  their  lines,  with  but  little 
hope  of  reinforcements,  with  nearly  an  equal  hos 
tile  force  immediately  opposed  to  us,  and  reen- 
forcements  within  supporting  distance,  with  twen 
ty-two  miles  and  a  deep  river  between  us  and  our 
destination,  and  nearly  all  the  ammunition  worth 
less — the  small  arm  ammunition  having  been 
transported  upon  mules,  it  pitted  the  paper  so  as 
to  make  it  of  but  little  use,  and  the  artillery  am 
munition  was  wet.  All  these  things  considered, 
it  would  have  been  madness  in  us  to  have  given 
them  battle.  So  the  terms  stipulated  for  by  Col 
onel  Streight  were  accepted  by  General  Forrest, 
which  surrendered  all  Government  property,  the 
officers  to  retain  their  private  property  and  side 
arms  and  our  colors,  and  we  were  to  retain  all 
our  personal  property,  and  that  we  were  to  ride 
the  animals  to  Rome,  Georgia,  twenty-two  miles 
distant. 

The  number  surrendered  in  all  was  one  thou 
sand  three  hundred  and  sixty-five.  The  number 
of  the  captors  I  do  not  know.  The  following  rebel 
regiments  were  largely  represented :  Colonels 
Stearns,  Biffles,  Edmonson,  and  Roddy's  men, 
and  seven  pieces  of  artillery. 

At  nine  A.M.  we  were  marched  out  into  a  field 
and  there  stacked  arms.  One  of  the  boys,  learn 
ing  of  the  surrender,  took  his  Henry  rifle,  a 
present  from  General  Beatty,  and  broke  it,  and 
stuck  it  in  a  mud-hole.  I  bent  mine,  as  did 
others,  so  they  would  shoot,  like  old  Blackburn's 
rifle — "around  a  tree  or  a  hill!"  We  then  re 
mounted  and  started  for  Rome  ;  marched  thirteen 
miles,  and  saw  more  citizens  than  we  had  seen 
for  the  last  one  hundred  miles.  I  cannot  account 
for  this  difference  in  the  population  upon  any 
other  hypothesis  than  this  :  that  those  behind, 
hearing  that  the  "Yanks"  were  coming,  had 
done  like  the  old  negro — "  taken  to  the  hills." 
Many  of  the  boys  sold  their  penknives  for  five 
dollars,  and  rubber  blankets  for  ten  dollars, 
they  (the  rebs)  jocosely  remarking  that  the 
"  blockaders  "  were  upon  them.  On  the  other 
hand,  we  paid  fifty  cents  for  corn  cakes  made  of 
unsifted  meal,  with  no  salt  in  them,  and  dried  by 
the  fire,  and  no  larger  than  a  common  sized 
biscuit ;  the  same  for  a  "  turnover  pie,"  half 
bran  and  shorts,  and  the  other  half  made  of 
four  quarters  of  dried  apples  laid  in  "longitu 
dinally,"  and  completely  "  dried  out."  When  we 
came  to  camp  (nine  miles  from  Rome)  we  were 
placed  in  a  field  like  a  drove  of  sheep  ;  and,  to 
tell  the  truth,  I  think  we  have  wandered  like 
"  lost  sheep  "  from  Father  Abraham's  fold — and 
there  is  great  reason  to  believe  that  we  have 
fallen  among  "wolves  in  sheep's  clothing,"  for 
the  rebs  are  buying  and  wearing  our  clothing. 
After  supper  we  lay  down  so  closely  that,  in 
places,  we  lapped  over  each  other,  and  then  went 
to  sleep  in  a  trice,  without  any  lullaby  being  sung 


to  us  other  than  by  dame  Nature,  and  slept  until 
morning  like  the   "  seven  sleepers." 

May  4. —  .  .  .  I  am  well  in  body  but 
not  so  buoyant  in  spirit  as  usual.  We  started 
at  eight  A.M.  and  arrived  at  Rome  at  ten  A.M.,  and 
found  it  full  of  curious  people  who  came  to  see 
the  "  live  Yanks,"  as  they  were  pleased  to  call 
us.  They  offered  several  insults,  but  we  did  not 
accept  them,  but  exhibited  our  indifference  and 
independence  by  standing  aloof  upon  our  dignity, 
with  one  noticeable  exception  worthy  of  recital. 
Some  man  had  bawled  out,  "  So  you  came  to  take 
Rome,  and  Rome  took  you,"  which  one  of  the 
boys  retorted  with  "  The  h — 1  you  did  !  I  '  can't 
see  it  in  that  light,'  for  when  our  two  hundred  and 
fifty  advance  came  within  range  of  the  city,  not 
one  of  your  skulking  citizens  could  be  found,  and 
had  we  had  orders  to  take  this  place,  we  would 
have  taken  it.  You  talk  of  taking  us  !  Forrest 
took  us  ;  you  take  nothing  !  You  belong  to  the 
Royal  Stand-backs,  who  are  the  last  in  and  first 
out,  when  there  is  any  fighting  to  be  done."  The 
citizen  vanished. 

We  were  taken  through  the  principal  street  to 
a  vacant  lot  near  the  depot,  and  there  dismount 
ed  ;  and  as  we  were  marched  to  a  small  lot 
"  fenced  in"  with  guards,  and  were  searched  for 
arms,  etc.,  and  then  passed  in,  where  \ve  were 
rejoined  by  the  two  hundred  and  fifty  "  who  had 
gone  on  before."  They  had,  after  leaving  us, 
pushed  forward  briskly.  At  Centre  they  passed 
themselves  off  to  the  ferryman  as  Forrest's  men, 
and  were  taken  over ;  and  they  pushed  forward 
with  no  opposition,  and  arrived  within  one  quar 
ter  mile  of  Rome  at  ten  A.M.  on  the  third,  where 
they  halted  in  accordance  to  orders,  awaiting  fur 
ther  instructions.  At  twelve  meridian  the  cars 
came  on  with  rebel  troops  from  Bridgeport ;  and 
as  our  main  body  did  not  come  up  as  laid  down 
in  the  programme,  the  commander  deemed  it  pru 
dent  to  fall  back,  which  was  done.  Falling  back 
seven  miles,  they  met  the  flag  of  truce,  and  sur 
rendered.  The  boys  told  us  that  as  they  were 
coming  in  that  morning,  not  a  man  could  be  seen, 
but  as  they  were  escorted  into  the  city  in  the 
evening,  every  house,  the  road  and  woods,  were 
full  of  armed  men,  and  little  boys  scarcely  strong 
enough  to  carry  their  rifle,  and  to  hear  them, 
"  gas,"  one  would  think  they  had  captured  the 
whole  Union  army.  In  conversation  with  some 
f  the  generals  in  reference  to  how  the  citizens 
treated  us,  and  acted,  they  said :  "  They  wished 
n  their  hearts  that  we  had  shelled  and  burned 
the  place,  for  they  have  treated  us  common  sol 
diers  like  dogs,  and  shown  us  no  respect  what 
ever."  Some  of  the  conscripts  went  further,  and 
said  they  were  disgusted  with  the  whole  thing, 
and  the  first  chance  they  saw  they  would  leave. 
Rome  is  situated  between  the  Coosa  and  An- 
:auga  rivers,  and  numbers  about  five  thousand 
nhabitants.  An  extensive  arsenal  is  located 
lere,  and  also  an  extensive  ordnance  foundry 
3elow  the  city.  Part  of  our  task  was  to  destroy 
these  public  factories  and  the  rolling  stock  hare, 
and  then  make  a  "  demonstration "  upon  the 
Georgia  State  Railroad.  We  »re  now  separated. 


DOCUMENTS. 


345 


from  our  officers  and  under  guard,  quartered  in 
the  ruins  of  an  old  government  establishment, 
which  some  u  Yank"  burned  and  then  "lit  out." 
We  now  run  the  "mershine,"  as  Jake  would  say, 
ourselves.  .  .  . 

May  5. —  ...  I  feel  well  in  body  and 
some  better  in  mind  than  yesterday.  Thus  far 
we  have  been  treated  well  by  the  enemy — I  mean 
by  the  soldiers,  by  Forrest's  men  especially,  who 
have  used  us  as  a  true  soldier  will  treat  a  prison 
er.  We  were  paroled  this  A.M.,  or,  as  the  boys 
facetiously  call  it,  "  got  receipts  for  their  mules." 
After  this  we  were  subjected  to  a  most  rigid 
search  by  the  feather-bed  officials  of  Rome :  had 
it  not  been  that  we  were  apprised  of  the  search 
beforehand,  it  would  have  been  worse  for  us  even 
than  it  proved  to  be.  Some  of  the  boys  bought 
light  bread,  at  fifty  cents  a  piece  for  five-cent 
loaves,  and  having  gouged  out  the  inside,  con 
cealed  therein  their  watches,  money,  and  so  on. 
One  fellow  got  a  poke,  placed  his  revolver  in  it, 
placing  meat,  etc.,  around  it,  and  in  this  way 
succeeded  in  "running  the  blockade."  I  con 
cealed  my  journal  in  the  lining  of  my  cap,  but 
had  to  burn  my  old  letters  to  save  them  from 
falling  into  their  hands.  That  was  the  greatest 
sacrifice  I  had  to  make.  Nothing  is  so  sacred  as 
to  escape  their  rapacious  narrow  souls,  if  they 
have  so  valuable  a  commodity. 

At  ten  o'clock  A.M.,  we  were  ordered  to  leave 
with  all  of  our  things ;  but  as  we  passed  out,  the 
officers  (home  guards)  stripped  us  of  our  oil  and 
wool  blankets  ;  and  those  who  had  their  over 
coats  on  their  arms  had  to  leave  them  ;  haver 
sacks,  canteens,  tin  cups,  platters,  knives  and 
forks,  watches,  finger-rings,  penknives,  and  some 
had  their  money  taken  from  them.  All  this  was 
"  private  property."  So  much  for  Southern  faith. 
And  to  cap  the  climax  of  meanness,  they  robbed 
us  of  our  old  colors,  the  first  and  only  ones  our 
regiment  ever  had — they  were  our  first  love. 
But  I  have  a  small  piece  of  it  at  home,  where  I 
will  keep  it  side  by  side  with  the  locks  of  hair 
as  one  of  our  home  treasures.  The  future  will 
be  ours. 

After  being  robbed,  we  were  put  in  and  upon 
box  cars  without  seats.  As  we  were  getting  in, 
some  lady  threw  us  a  nice  bouquet  of  red,  white, 
and  blue  flowers.  I  have  yet  one  of  the  "  red, 
red  roses,"  and  I  prize  it  more  than  aught  else  I 
have  seen  in  Dixie.  Should  a  similar  expedition 
ever  be  sent  to  Rome  again,  and  that  city,  like 
the  cities  of  Sodom  and  Gomorrah,  be  doomed  by 
the  angel  of  destruction,  and  this  lady,  like  Abra 
ham,  would  plead  for  its  deliverance,  provided 
one  good  Union  soul  could  be  found,  the  red  rose 
will  be  proof  that  one  soul  there  remained  true 
to  the  principles  of  their  fathers,  and  unchanged 
in  her  first  love  for  those  colors  that  fill  the  eye 
and  stir  the  soul  with  patriotism.  God  bless 
true  woman  !  for  she  was  last  at  the  cross  and 
first  at  the  tomb  of  our  Saviour,  and  the  only 
being  at  Rome  that  touched  the  tender  chords 
of  the  Union  soldier's  heart,  although  she  did  not 
follow  the  injunction  "to  do  in  Rome  as  Rome 
did." 


We  left  Rome  about  eleven  A.M.,  and  arrived  at 
Kingston,  on  the  Georgia  State  road,  eighteen 
miles  from  Rome  and  seventy-one  from  Atlanta, 
about  twelve  M. 

While  we  were  on  the  switch,  I  saw  several 
ladies  standing  upon  a  balcony,  and  to  elicit  their 
political  sentiments,  I  shook  a  newspaper  that  a 
friend  had  smuggled  to  us,  and  the  signal  was  re 
cognized  and  acknowledged  by  one  of  them  giv 
ing  her  handkerchief  a  little  flutter  two  or  three 
times,  withdrawing  it  quickly  each  time,  as  if 
she  was  fearful  that  the  argus-eyed  rebs  would 
see  them. 

We  left  for  Atlanta  at  one  P.M.,  over  the  most 
crooked  road  I  ever  saw.  The  country  through 
which  we  passed  was  rough  and  barren,  worn 
out  by  ignorant  slave  labor  and  cotton.  They 
have  scratched  and  planted  in  corn  every  foot  of 
land  that  will  raise  peas.  The  corn  is  four  inch 
es  high,  and  is  the  color  of  saffron  —  wheat  in 
small  patches,  very  thin  on  the  ground,  and 
eighteen  inches  high,  and  in  full  head,  and  will 
not  average  over  four  bushels  per  acre  ;  corn  ten 
to  fifteen  per  acre  in  the  usual  yield.  The  peo 
ple  are  cadaverous,  spindle-shanked,  squalid  and 
ignorant  specimens  of  the  genus  homo,  and  are 
consequently  ill-mannered.  At  six  P.M. we  arriv 
ed  and  met  with  a  warm  reception  at  Marietta, 
Georgia,  by  the  citizens  and  "  home  guards." 
Some  threw  cotton  at  us  ;  I  told  them  corn  was 
"  king  "  with  us,  and  judging  from  the  scarcity 
of  the  rations  furnished  us,  and  by  the  exorbitant 
prices  asked  for  unsalted  cakes,  made  of  unsifted 
corn-meal,  and  dried  in  the  sun,  it  was  their  king 
too.  The  ladies,  I  am  sorry  to  have  it  to  say, 
took  the  initiatory,  and  "  out-Heroded  Herod  "  in 
vituperative  abuse,  proving  themselves  perfect  vix« 
ens,  shaking  their  diminutive  fists  at  us,  making 
ugly  faces,  and  screaming  at  us  with  rage,  which  af 
forded  much  amusement  for  our  boys.  At  six  p.  M. 
we  left  Marietta,  and  arrived  at  Atlanta  at  eight 
P.M.,  and  were  marched  a  mile  to  the  common,  and 
bivouacked  writhont  blankets  ;  but  we  did  not 
sleep  much  on  account  of  the  cold,  although  we 
were  much  fatigued.  .  .  . 

May  6. —  .  .  .  We  are  well  and  in  jovial 
spirits,  although  we  did  not  sleep  much  last 
night.  I  bought  bread  at  fifty  cents  per  loaf,  of 
one  quarter  pound  per  loaf.  Turnover  pies  are 
selling  at  one  dollar  a  piece;  strawberries  and 
cream  are  selling  at  one  dollar  and  fifty  cents  per 
saucer,  and  not  much  more  than  enough  to  color 
it  at  that.  Greenbacks  are  in  great  demand,  the 
rebels  giving  three  of  theirs  for  one  of  ours,  and 
glad  to  get  it  at  that.  The  soldiers  and  some  of 
the  citizens  treat  us  well.  Some  of  them  told  us 
that  we  were  the  most  independent  set  of  fellows 
they  had  ever  seen.  A  Rev.  Mr.  Penkerton  call 
ed  to-day  to  see  a  nephew  of  his  who  is  an  or 
derly  sergeant  in  our  regiment,  and  appeared  to 
be  very  sorry  to  find  a  son  of  his  dear  lamented 
brother,  whom  he  believed  to  be  in  heaven,  here 
in  the  South  butchering  those  who  had  never 
done  him  any  harm!  "Uncle,"  was  the  calm 
reply,  "  I  have  done  no  more  than  what  I  con 
sidered  to  be  my  duty."  He  then  volunteered 


346 


REBELLION  RECORD,  1862-63. 


some  advice  to  us,  saying  it  was  not  very  pru 
dent  in  us  to  express  our  opinions  so  freely ;  that 
we  did  not  understand  as  well  as  he  the  senti 
ment  prevailing  at  Atlanta;  and  the  answer  was, 
that  we  had  our  birth  and  were  reared  where 
free  discussion  was  enjoyed  by  all  loyal  Union- 
loving  people,  and  under  no  circumstances  would 
we  be  deprived  of  that  privilege  guaranteed  to  us 
by  our  Constitution,  and  neither  will  we  be. 
The  confederates  have  rather  obscure  ideas  of 
irhat  they  want,  or  what  they  are  contending 
for.  If  you  ask  them  what  they  are  fighting  for, 
fou  get  as  a  reply  a  jumble  of  State  rights,  con 
stitutional  rights,  and  negro  rights,  etc.  But 
when  asked  what  one  of  their  constitutional  priv 
ileges  had  been  abridged  or  in  any  way  molested 
by  those  at  the  head  of  the  Government,  prior  to 
the  bombardment  of  Fort  Sumter,  of  course  they 
could  not  tell,  but  would  dodge  the  question  by 
reproducing  those  cut  and  dried  suppositions  and 
speculations  about  what  was  intended,  and  (ac 
cording  to  their  sophistry)  what  would  inevitably 
follow  Lincoln's  administration.  In  conversation 
with  a  Memphis  rebel  refugee,  (renegade  is  bet 
ter,)  who  could  not  refrain  from  expressing  his 
admiration  for  Vallandigham,  the  Union  soldier's 
worst  enemy,  he  said :  "  I  regard  him  as  the  very 
best  statesman  you  have ;  his  speech  last  winter 
was  unanswerable."  I  said  that  "we  did  not  re 
cognize  him  to  be  one  of  us  any  more  than  we 
did  Ainold  or  Burr,  as  entitled  to  the  names  of 
patriots  01  honesty ;  for  he  is  repudiated  by  the 
mass  of  froemen  of  the  North,  irrespective  of  par 
ty,  except  a  small  faction  of  copperhead  sympa 
thizers  of  secession  ;  and  there  is  scarcely  a  sol 
dier  in  the  field  chat  hears  his  name  but  with  de 
testation.  As  it  regards  his  speech,  Bingham  of 
Ohio  and  Morris  of  Pennsylvania  answered  it  to 
the  chagrin  and  discomfiture  of  the  butternuts, 
and  to  the  entire  satisfaction  of  the  Union  peo 
ple."  At  seven  P.M.  we  are  still  on  the  com 
mons  without  shelter,  and  the  weather  is  quite 
cold.  .  .  . 

May  V. —  .  .  .  I  am  well  and  in  exuber 
ant  spirits,  notwithstanding  the  uncharitableness 
of  the  weather  and  the  inhospitality  of  the  citi 
zens.  The  weather  is  very  cold  for  this  climate ; 
we  have  to  hover  around  the  fire  to  ketp  warm  ; 
it  is  out  of  the  question  to  sleep  away  from  the 
fire.  We  received  this  morning  a  small  quantity 
of  mouldy  crackers  and  rusty  meat.  Evening  : 
we  again  received  a  scanty  supply  of  crackers  and 
bacon,  and  were  then  marched  down  through  the 
city  and  placed  in  box  cars,  and  at  eight  P.M.  start 
ed  towards  Chattanooga.  .  .  . 

May  8.  —  At  Dalton,  Ga.,  one  hundred  and 
five  miles  from  Atlanta,  and  one  hundred  and  ten 
from  Knoxville.  We  will  have  to  lay  over  until 
evening  in  this  miserable  place,  full  of  villainous- 
looking  people.  Flour  is  worth  sixty  dollars  per 
barrel,  and  other  articles  in  the  same  ratio. 
Greenbacks  are  brisk,  and  exchangeable  for  five 
times  their  denomination  in  confederate  shin- 
plasters,  "  C.  S.  A."  and  individual.  I  saw  the 
officials  sending  siege  pieces  east  There  are  no 


army  supplies  here,  but  a  small  quantity  of  corn» 
meal  in  the  station,  neither  have  I  seen  any  at 
any  of  the  stations  along  the  line,  nor  is  it  in  the 
country  through  which  we  passed  in  sufficient 
quantities  to  subsist  an  army.  If  they  have  pro 
visions  it  must  be  at  their  base  of  supplies.  We 
left  at  four  P.M.  for  Knoxville,  Tenn.  Good  night, 
all.  .  .  . 

May  9. — We  arrived  safe  at  Knoxville  this 
six  A.M.,  and  were  marched  two  miles  to  tno 
camp  of  the  Twenty-fourth  Virginia,  where  we 
were  treated  like  men,  they  furnishing  us  with 
some  of  their  scanty  rations ;  also  supplying  us 
with  the  requisite  culinary  utensils  wherewith  to 
prepare  our  frugal  meal.  All  honor  to  that  hos 
pitable  regiment  of  the  "Old  Dominion."  Ra 
tions  of  hard  bread  and  bacon  were  issued  to 
us  in  a  more  liberal  manner  than  usual.  The 
sun  has  again  made  its  long-looked  and  wished- 
for  reappearance,  thawing  out  our  hypochondria. 
After  breakfast  and  a  good  bathe,  we  were  taken 
back  to  the  city  and  placed  upon  the  cars,  and 
started  again  up  Holstein  valley,  toward  Bristol, 
Va.,  one  hundred  and  thirty  miles  distant.  The 
city  of  Knoxville  is  picturesquely  situated  upon 
several  hills ;  and  the  landscape  is  as  bold  and 
rough  as  that  noble  old  hero-patriot  of  Tennes 
see,  Parson  Brownlow,  and  is  a  fit  place  to 
form  such  an  eccentric  character.  I  think  there 
is  no  more  than  one  brigade  of  rebels  stationed 
at  this  place.  The  soil  is  better  and  the  culti 
vation  and  improvements  are  superior  to  any  I 
have  seen  since  coming  into  Alabama;  but  the 
country  has  been  drained  of  all  its  products. 
Men  are  also  scarce  all  along  the  line.  Many 
women  are  in  mourning. 

May  10. —  ...  I  am  well  and  in  ex 
uberant  spirits,  notwithstanding  I  spent  a  mis 
erable  night  in  a  box  car  crowded  with  filth, 
vermin,  and  soldiers.  Six  A.M. — At  Bristol,  Va. 
We  arrived  here  just  at  daylight,  and  have 
again  changed  cars.  The  town  contains  proba 
bly  eight  hundred  inhabitants.  We  left  at  sun 
rise  for  Lynchburgh,  two  hundred  and  four 
miles  distant  from  Bristol ;  the  weather  is  de 
lightful  and  every  thing  moves  on  smoothly. 
Vegetation  here,  compared  with  that  of  Georgia, 
is  very  backward ;  corn  is  not  all  planted ; 
apple-trees  are  just  in  bloom;  in  Georgia  the 
fruit  is  as  large  as  the  end  of  the  thumb ;  the 
forest  here  is  just  budding;  in  Georgia  it  is 
nearly  in  its  full  "green  glories."  Two  P.M. — 
We  are  at  Glenn  Spring  Salt  Rocks,  one  hun 
dred  and  eight  miles  from  Lynchburgh.  This  is 
a  place  of  great  importance,  it  being  the  most 
extensive  salt  manufactory  of  the  Confederacy — 
Bwstard  Confederacy  I  mean.  They  have  a  bri 
gade  guarding  this  point,  for  fear  the  "  Yanks  " 
will  come  in  and  destroy  it,  as  it  was  reported 
to  them  they  would  do,  two  weeks  ago,  and  this 
brigade  was  sent  here  immediately.  Five  P.M.— 
The  rickety  old  train  has  just  run  off  the  track, 
but  fortunately  doing  no  further  injury  than  dis 
locating  one  soldier's  wrist  and  bruising  another 
one  in  the  head,  and  disabling  three  cars.  The 


DOCUMENTS. 


347 


wreck  was  soon  removed,  and  we  were  off  through 
the  mountains.  But  few  of  the  bridges  are 
guarded.  .  .  . 

May  11. —  .  .  .  We  came  through  the 
Alleghanies  and  Blue  Ridge  last  night.  Nine 
A.M. — Lynchburgh,  Va.  We  have  just  arrived 
here.  The  city  is  situated  upon  some  high 
bluffs  of  the  James  River,  one  hundred  and 
thirty-two  miles  above  Richmond.  We  here 
learned  of  the  death  of  the  greatest  field  gen 
eral  in  the  rebel  service,  General  T.  J.  Jackson, 
(Stonewall,)  which  throws  a  pall  of  gloom  around 
the  city ;  ay,  and  we,  not  forgetting  that  al 
though  an  enemy  to  our  country,  he  was  a 
brave  and  generous  soldier,  and,  in  the  name  of 
our  common  humanity,  is  entitled  to  our  char- 
table  consideration  of  his  imperfections. 

We  will  soon  "forward  on  to  Richmond." 
At  nine  A.M.,  an  ounce  and  a  half  of  burnt 
crackers  and  about  the  same  amount  of  fat  meat 
was  distributed  to  each  of  us.  Ten  A.M. — We 
;eft  in  trie  cars  on  the  South  Side  Railroad,  and 
passed  through  the  poorest  country  that  I  have 
ever  seen,  abounding  in  sterile  pineries  and  jack- 
oak  thickets,  which  were  worn  out  by  tobacco, 
and  is  now  thrown  out  for  nature,  time,  Eli 
Thayer,  and  eternity  to  renovate.  This  must  be 
that  portion  of  Virginia  that  that  mighty,  letter- 
writing  Wise  had  in  mind,  when  he  wrote,  that 
to  get  a  "  beefsteak,  they  would  have  to  hunt  a 
stump-tailed  steer  all  over  the  hills  and  sedge 
patches  of  the  Old  Dominion ;"  and  from  what 
I  see  and  can  learn,  I  am  inclined  to  believe 
that  "Old  Gizzard  Foot"  would  now,  to  see  a 
stump-tailed  "  steer  "  or  one  of  any  other  kind, 
have  to  "  put  his  goggles  on  his  eyes,"  and  wait 
as  long  as  one  of  his  own  letters,  before  he  would 
see  said  "  steer "  in  this  God-forsaken  country. 
Every  foot  of  soil  that  will  prospectively  raise 
a  nubbin  of  corn  is  scratched  or  being  scratched, 
and  appropriated  to  that  cereal,  "King  Corn." 
Four  P.M. — We  arrived  at  the  junction  of  the 
South  Side  Railroad  and  the  Richmond  and 
Danville  Railroad,  fifty-two  miles  from  the  for 
mer  place.  We  have  once  more  changed  cars, 
and  will  to-night  proceed  to  move  upon  Rich 
mond  with  a  "  Streight"  column  !  So  good  night 
all.  .  .  . 

May  12. — We  are  well  and  in  buoyant  spir 
its.  When  we  awoke  this  morning  we  found 
ourselves  thirty  miles  from  the  mighty  cage  that 
contains  the  golden  bird,  Jeff  Davis,  which  has 
aroused  the  Yankee  curiosity  so  much,  that  to 
secure  it  for  the  "American  Museum,"  Generals 
McClellan,  Pope,  Burnside,  Hooker,  and  lastly, 
Stoneman,  have  been  sent ;  but  all  have  as  yet 
failed.  Now,  "I  move"  that,  after  one  more 
trial  is  given  "  Fighting  Joe,"  and  he  should  fail, 
(I  don't  believe  he  will  though,)  that  the  "  Powers 
that  be  at  Washington"  will  send  Mr.  P.  T. 
Barnum  on  a  "  Humbugging"  tour  to  Richmond. 
Should  he  fail,  we  then  might  sing : 

"There's  no  more  use  knocking  at  the  door.** 

The  country  continues  barren,  and  we  are  not 
five  miles  from  the  city.  Judging  from  what  I 


have  seen  of  the  "  Sunny  South,"  there  is  not 
sufficient  supplies  in  it  to  keep  this  miserable 
apology  of  a  government  six  months  longer  from 
starvation.  Should  General  Hooker  keep  the 
rebels  out  of  Maryland  and  Pennsylvania,  Rose- 
crans  out  of  West-Tennessee  and  Kentucky,  and 
Grant  and  Banks  will  close  their  store-houses 
of  Mississippi,  Louisiana,  and  Texas,  then  fare 
well  to  this  last  bastard  of  hell,  and  all  its  aiders 
and  abettors  ;  for  we  will  bury  them  all  so  deep 
that  it  will  require  the  last  blast  of  the  arch 
angel's  trumpet  to  reach  and  resurrect  them  to 
damnation  eternal,  with  the  arch-rebel  of  heaven, 
the  devil  their  father,  for  company. 

We  arrived  opposite  the  city'at  ten  o'clock, 
A.M.,  and  were  joined  by  two  thousand  of  Hook 
er's  men,  and  were  all  marched  over  upon 
"Belle  Isle,"  opposite  the  city,  where  we  found 
some  old  tents  and  plenty  of  vermin.  One  boy 
facetiously  remarked  that  there  was  not  a  sin 
gle  on  the  isle,  for  they  were  all  married 

and  had  large  families. 

The  rebel  rag  is  at  half-mast  upon  the  Capitol 
and  public  buildings,  in  mourning  for  "  Stone 
wall  "  Jackson,  the  Rosecrans  of  their  army. 

Four  P.M. — We  have  had  no  rations  since  nine 
A.M.  yesterday.  We  all  feel  the  gnawings  of 
hunger,  and  had  it  not  have  been  that  some  of 
us  have  some  funds  wherewith  to  buy  a  little  un- 
salted  corn-cake,  we  would  have  suffered  severe 
ly.  Secession  is  completely  "pkyed  out,"  when 
they  cannot  even  support  their  own  soldiers  with 
more  than  quarter-rations ;  and  the  dying  words 
of  Stonewall  Jackson  were  to  "send  provisions 
to  the  army."  Good-night.  .  .  . 

May  13. — I  am  well,  but  hungry. 

Four  P.M.— The  "C.  S.  A."  (Confederate  Steal 
ing  Association)  has  furnished  us  but  three 
burnt  crackers  of  the  circumference  of  a  saucer, 
but  much  thinner,  an  ounce  of  fat  meat,  and  one 
of  soft  bread  in  the  last  fifty-six  hours,  upon  our 
honor.  But  the  worst  feature  of  the  matter  is, 
that  there  is  not  much  prospect  of  us  receiving 
any  more  soon.  Will  any  sensible  man  please  to 
give  us  an  estimate  of  this  pseudo  government  ? 
Will  the  advocates  in  the  South  and  their  apolo 
gists  in  the  North,  of  this  rebellion,  tell  us  what 
the  prospect  is  now  spread  out  before  them  ?  Do 
you  not  see  in  the  not  far  distant  future,  or  as  it 
were  on  the  confines  of  the  present,  the  gaunt, 
spectral  form  of  starvation,  or  the  terrible  visage 
of  defeat,  the  crouching  humiliating  figure  of  sub 
mission,  or  the  elevated  and  towering  outlines  of 
the  gibbet,  and  the  horrors  of  a  traitor's  death, 
and  ignominy  haunting  you  day  and  night,  and 
which,  like  Banquo's  ghost,  "  will  not  down "  ? 
I  put  this  to  the  leaders  of  this  hell-hatched  re 
bellion,  and  not  to  the  rank  and  file  of  their  more 
honest  but  deluded  and  misguided  followers ;  for 
I  am  glad  to  have  it  to  record,  and  that  too  ad 
visedly,  as  many  knowing  the  fact  will  bear  wit 
ness,  that  the  common  soldiery  generally  are  kind 
ly  disposed  toward  us,  and  it  is  more  than  com 
mon  sympathy  for  us,  in  our  present  unfortunate 
situation ;  for  in  conversation  with  them,  undis 
turbed  by  their  officials,  they  would  tell  me  frank- 


848 


REBELLION7  RECORD,  1862-63. 


ly  that  there  was  a  great  misunderstanding  exist 
ing  between  us ;  waiving  the  old  position  taken 
originall}'',  that  they  were  only  right,  and  we  were 
wrong  alone ;  they  said  they  regretted  leaving  the 
Old  Flag,  but  they  were  led  to  believe  that  they 
were  greatly  wronged,  and  "went  out"  with 
their  State.  One  said  to  me :  "  We  are  fighting 
for  more  than  we  will  ever  get — what  our  leaders 
promised  we  would  get — equal  rights  and  liberty ; 
but  we  now  see  what  we  are  to  receive  if  we  suc 
ceed — an  aristocracy — a  government  for  the  few 
at  the  expense  of  the  many."  I  asked  him  what 
man,  more  than  any  other  one,  was  responsible 
for  this  unfortunate  state  of  affairs ;  and  ye  Cop 
perheads  mark  well  the  answer  —  "  James  Bu 
chanan  !"  "  How  ?"  I  asked,  and  thus  he  explain 
ed:  "  Why,  he  sat  there  in  the  White  House  like 
an  imbecile,  whilst  our  leaders  made  us  believe 
that  we  were  the  worst  abused  people  in  the 
world,  and  he  all  the  time  saying  to  them  and 
the  country  that  there  '  was  no  power  under  the 
Constitution  to  coerce  a  State.'  Now,  is  he  not 
responsible  for  all  this,  when  he  had  it  in  his 
power  to  have  said,  like  Jackson,  'By  the  eter 
nal  !  I  will  take  the  responsibility,'  and  '  the  Union 
must  be  preserved !' "  What  do  you  think  of  this, 
ye  followers  of  the  old  "  Pub.  Func."  and  Val- 
landigham  ?  I  honestly  believe  if  this  vexed  ques 
tion  could  be  submitted  exclusively  to  the  com 
mon  soldiery  upon  each  side  for  adjustment,  we 
would  soon  have  peace,  honorable,  lasting  peace, 
under  the  Constitution  and  Union.  But  the  thing 
is  not  possible  now,  and  upon  Jeff  Davis  and  his 
coadjutors  South  and  North,  will  rest  the  fearful 
responsibility  for  the  continuance  of  this  unnatural 
strife,  begotten  by  the  unholy  ambition  of  such 
demagogues  as  above  mentioned.  Oh  !  terrible 
will  be  the  retribution  that  will  inevitably  over 
take  them  one  of  these  fine  mornings,  far  more 
fatal  to  them  than  was  the  fate  of  Stonewall  Jack 
son,  for  he  died  as  a  man,  and  a  brave  soldier 
would  desire  to  die ;  but  these  renegade  ingrates 
upon  a  scaffold  high  as  Haman !  Amen,  so  mote 
it  be.  Mr.  Secesh,  should  you  be  as  successful  in 
getting  these  words  by  the  way,  as  your  brother 
thief  at  Rome  in  securing  a  copy,  will  you  just 
place  this  in  your  pipe  and  smoke  it;  will  ye? 

The  oath  of  parole  was  administered  to  some 
of  us  this  morning,  mine  with  moral  and  mental 
reservations.  We  are  now  anxiously  awaiting  the 
happy  hour  that  will  take  our  feet  out  of  the — 
not  umire  and  the  clay,"  as  the  good  hymn  has 
it,  but  —  sand  and  the  vermin,  and  place  them 
upon  free  soil  and  civilization,  where  honor,  truth, 
and  plenty  abounds,  and  where  pledges  are  not 
broken  with  prisoners  of  war,  and  they  are  not 
robbed  of  their  private  property  contrary  to  stip 
ulations  ;  and  where  they  do  not  fire  on  defence 
less  prisoners  as  at  a  target,  as  did  one  of  these 
murderers  of  liberty  yesterday,  who  shot  three 
times  across  the  river  at  us  on  the  Isle,  crushing 
the  ankle-bone  of  one  of  Hooker's  men  until  the 
marrow  gushed  out.  So  much  for  Southern  chiv 
alry,  pish  !  0  ye  aristocratic  Copperheads  of 
the  North!  is  it  with  these  chivalrous  sons  of  the 
"Sunny  South,"  who  break  every  promise  made, 


and  violate  all  rules  and  laws  of  civilized,  honor 
able  warfare,  that  ye  wish  to  make  peace  on  the 
basis  of  u  compromise  "  ?  Have  ye  become  so 
loving  and  so  forgiving  that  ye  are  willing  to  fall 
prone,  and  in  the  depths  of  humility  and  national 
degradation,  extend  the  olive  branch  of  peace, 
to  these  infernal  traitors,  covered  all  over  with 
the  blood  of  our  brethren  ?  Oh  !  what  exalted 
magnanimity!  what  Christian  benevolence  and 
charity  !  !  Most  certainly  the  millennium  has 
made  its  appearance,  when  these  long-faced  Phar 
isaical  Vallandighamites  turn  poor  publicans,  (pro 
tern,)  and  cry  out  in  the  agony  of  their  gizzards  : 
"  Father  Abraham,  have  mercy  upon  us  sinners, 
and  spare  our  dear  friends,  Jeff  Davis  &  Co.,  and 
their  beloved  niggers,  or  the  Union  may  go  to 
the  devil.  Amen'!"  I  hope  all  traitors,  North  or 
South,  will  receive  absolution  at  the  rope's  end 
in  taking  an  air-bath  ;  or  have  to  dance  a  jig  with 
nary  plank  to  stand  upon.  We  have  been  wait 
ing  all  day  with  the  expectation  that  the  next 
moment  would  be  our  last  on  Belle  Isle.  At 
noon  we  received  a  piece  of  a  cracker  the  size  of 
the  hand,  and  one  mouthful  of  meat,  all  not 
weighing  over  two  ounces.  This  evening  we  re 
ceived  another  ounce  of  hard  bread  and  meat  per 
man.  0  ye  miserable  apologists  for  this  bas 
tard  Confederacy  !  who  are  telling  it  in  the  North 
that  the  rebels  have  plenty  and  cannot  be  starved 
out,  and  all  that,  I  would  ask  you  if  the  amount 
of  rations  their  own  men  and  ourselves  receive, 
is  evidence  of  plenty?  Do  you  call  this  living 
sumptuously  every  day  ?  I  wish  they  would 
send  the  Hon.  (?)  C.  L.  Yallandigham  down  here 
on  a  visit,  not  of  pleasure  but  of  necessity,  to  see 
how  plentifully  his  dear  friends  are  of  the  neces 
saries  of  life.  I  think  he  would  soon  see  an  "  eye- 
opener." 

Night,  and  raining,  and  the  probability  now  is 
we  will  have  to  crawl  from  under  these  sieve  tents 
to  get  out  of  the  rain.  Good  night,  my  dear  ones 
at  home,  and  may  God  forgive  me  if  I  have 
not  sufficient  charity  for  my  enemies.  But,  it 
appears  to  me  though,  we  are  only  to  forgive  those 
who  do  no^know  their  duty.  Now  as  I  understand 
it  in  this  instance,  these  dirty  scoundrels  do  know 
perfectly  well  what  their  duty  is,  and  know  well 
how  to  do  it  —  I  mean  their  leaders.  For  the 
private  soldiers,  I  can  say  with  all  my  heart, 
when  they  lay  down  their  arms,  "  Father  Abra 
ham,  forgive  them,  for  they  did  not  know  what 
they  did,"  which  is  self-evident,  when  we  consid 
er  that  they  have  no  moneyed  interest  to  enhance, 
nor  "nary"  nigger  in  jeopardy  or  in  prospect, 
and  no  fat  constituency  to  place  them  at  the 
public  crib  when  the  u  tug  of  war"  is  over.  .  .  . 

May  14. — I  am  well  and  in  high  spirits,  for 
we  have  the  assurance  that  this  will  be  the  last 
morning  we  will  see  the  sun  gild  the  spires  of 
Richmond"  .  .  . 

We  left  Belle  Isle  to  the  number  of  four  thou 
sand  five  hundred,  and  recrossed  to  the  south 
side  of  the  river,  and  passed  through  Manchester 
opposite  Richmond,  and  took  the  Petersburgh 
road  for  City  Point,  on  the  James  River,  thirty-six 
miles  distant  from  Richmond.  On  the  commons 


DOCUMENTS. 


349 


we  received  two  ounces  of  hard  bread  and  miser 
able  fat  pork,  which  was,  as  they  said,  to  be  the 
last  we  would  receive  from  these  benevolent  and 
hospitable  traitors.  We  passed  through  their 
line  of  defences,  found  them  numerous  but  not 
formidable  ;  saw  two  twenty-four  pounders  upon 
one  redoubt,  also  one  brigade  and  battery,  which 
were  all  the  bodies  of  troops  seen  on  the  line.  It 
rained  this  afternoon,  making  it  very  slavish 
travelling.  After  dark  we  bivouacked  in  the 
pineries,  having  come  eighteen  miles.  We  kind- 
kd  a  small  fire,  threw  ourselves  down  Indian 
fashion,  and  composed  our  weary  bodies  for  the 
night. 

May  15. — We  are  well,  except  soreness  in  our 
limbs.  Our  rest  was  much  broken  by  the  cold 
wind,  as  we  had  no  blankets,  and  some  of  us 
even  were  without  overcoats  ;  the  petitions  that 
ascended  from  that  forest  bed  were  not  generally 
of  a  sacred  character,  particularly  that  portion 
relating  to  the  forgiveness  of  our  enemies.  At  day 
light  we  left  our  "  home  "  in  this  vast  wilderness, 
and  arrived,  seven  A.M.,  at  Petersburgh,  where  we 
found  no  manifestations  of  ill-will  on  the  part  of 
the  citizens,  but  all  looked  silently  on  as  we  went 
"  marching  on."  After  leaving  the  city,  we  pass 
ed  some  unfinished  fortifications,  but  no  ord 
nance  ;  the  country  still  presents  that  appearance 
of  total  exhaustion,  and  every  thing  is  taken  out 
of  it  for  the  army.  Meridian. — We  have  at  last 
arrived  at  City  Point,  a  small  deserted  village, 
showing  visible  signs  of  bombardment.  We  found 
five  government  transports.  Two  P.M.  finds  us 
on  board  the  propeller  John  Rice,  with  about  one 
thousand  men  stowed  promiscuously  about  the 
ship.  Among  them  were  several  deserters  from 
the  rebels.  One  of  them,  an  artillerist,  came  to 
our  company  at  Manchester,  and  said  he  would 
like  to  go  with  us  very  much ;  we  told  him  to 
come  along ;  he  succeeded  in  getting  an  overcoat 
and  hat  from  our  boys,  and  with  this  "  aid  and 
comfort  directly,"  succeeded  in  taking  shelter 
under  those  beautiful  colors  waving  so  grace 
fully  from  the  peak  of  that  tall  mast.  One  of 
those  who  guarded  us  from  Richmond  concealed 
his  gun,  borrowed  a  "  suit  of  blue,"  and  succeeded 
in  running  the  gauntlet,  and  is  now  under  the 
old  flag  once  more  ;  and  there  are  thousands  more 
that  would  to-day  love  to  stand  beneath  its  beau 
tiful  folds  instead  of  behind  the  stars  and  bars, 
and  are  but  awaiting  a  favorable  opportunity  to 
make  their  exodus  from  their  present  "Egyptian 
bondage  "  or  vassalage  through  the  Red  Sea  be 
tween  us,  and  reach  the  shores  "of  the  happy  land 
of  freedom."  . 

On  the  first  vessel  of  war  leaving  the  wharf, 
those  aboard  of  her  gave  three  cheers  with  a  will 
for  the  Stars  and  Stripes,  at  the  same  time  shak 
ing  their  fists  at  the  rebels,  and  full  of  bread  and 
meat,  which  they  had  drawn  on  going  on  board. 
We  then  followed ;  each  one  of  us,  as  we  step 
ped  aboard,  receiving  one  half  pound  of  good 
sweet  light  bread  and  a  nice  slice  of  boiled  ham. 
A  blind  and  deaf  man  would  soon  have  found  out 
that  he  had  his  hand  near  Uncle  Sam's  capacious 
crib.  The  senses  of  smelling,  tasting,  and,  last 

SUP.  Doc.  22. 


but  not  least  in  this  case,  was  feeling,  especially 
the  good  feeling  and  signs  of  contentment  n^ini- 
fested  ;  for  so  soon  as  they  had  partaken  of  their 
sumptuous  repast,  poor  human  nature,  harassed 
by  toil,  hardships,  privation,  danger  and  insult, 
gave  way  to  the  soothing,  invigorating  influence 
of  sleep,  and  you  can  now  see  the  poor  fellows 
lying,  some  in  the  hot  sun,  others  in  the  warm 
hold  and  middle-deck,  in  all  manner  of  positions 
but  that  of  standing  upon  their  heads.  At  half- 
past  two  P.M.  we  left  the  wharf,  and  proceeded 
down  the  classic  stream  of  the  "  Old  Dominion," 
and  were  it  not  for  signs,  presented  at  every  point, 
of  the  ruthless  hand  of  "  grim-visaged  war,"  I 
would  pronounce  the  scenery  lovely  and  peaceful ; 
but  the  mansions  of  the  F.F.V.s  have,  in  most  in 
stances,  "gone  to  ruin  and  decay  ;"  the  soil  is  un 
cultivated,  as  I  did  not  see  much  wheat  or  much 
preparation  for  corn,  etc. ;  the  wharves  or  piers 
feel  the  tooth  of  time,  and  will  soon  be  "  numbered 
among  the  things  that  were."  Surely  age  and 
misfortune  sit  heavily  upon  the  "Mother  of  Pres 
idents." 

Six  P.M. — We  are  still  ploughing  the  blue  depths 

of  the  broad  and  peaceful  James  River,  but  will 

soon  have  to  cast    anchor,   as  we  cannot  pass 

through  the  enemy's  lines  after  dark,  and  we  will 

not  be  able  to  make  it  before.    The  distance  from 

City  Point  to  Fortress  Monroe  is  eighty  miles ;  we 

will  arrive  there  about  eight  A.M.   to-morrow.     I 

have  selected  as  my  bed  the  life-boat,  and  as  it  is 

j  growing  late,  and  being  much  fatigued,  I  will  go 

j  to  rest,  by  the  waves'  gentle  motion  and  the  sea- 

!  gull's  cheery  music  for  my  lullaby.     So  good- 

i  night. 

May\§. —  .  .  .  I  am  well  and  in  buoyant 
spirits  now ;  although  I  made  my  bed  in  the  life 
boat,  the  coldness  of  the  wind  nearly  froze  me  to 
death.  When  I  awoke  from  my  broken  slumbers 
this  morning,  old  Sol  was  raising  his  rosy  face 
above  the  horizon,  causing  a  ruddy  glow  upon  the 
placid  bosom  of  James  River,  Hampton  Roads, 
and  the  broad  blue  Chesapeake,  and  casting  a 
halo  of  glory  all  over  our  ensign  of  freedom  float 
ing  from  the  mast-head  in  all  its  majestic  beauty — 
"bow  of  promise"  in  the  heavens  and  the  "bright 
morning-star  "  of  the  Union  soldier  and  patriotic 
citizen.  We  crossed  the  rebel  lines  early  this 
morning,  and  now  the  flag  of  truce  no  longer  pre 
cedes  our  National  one.  Ah !  sad  to  our  hearts  is 
the  truth  that  it  has  ever  come  to  pass  that  a 
United  States  vessel,  carrying  a  passport  honored 
by  all  nations,  could  be  compelled  to  hoist  the 
white  feather  and  beg  permission  of  traitors  to 
navigate  Columbia's  own  waters,  and  that,  too, 
near  the  tomb  of  our  Washington,  the  storied  field 
of  Yorktown,  and  near  the  spot  where  stood  the 
towering  form  of  Patrick  Henry  when  his  clarion 
voice  rung  in  thunder  tones,  in  words  of  light 
ning,  in  Virginia's  House  of  Burgesses,  "  Csesar 
had  his  Brutus,  Charles  the  First  his  Cromwell, 
and  George  the  Third  may  profit  by  their  ex 
ample,"  and  "as  for  me,  give  me  liberty  or  give 
me  death."  But  the  rebels  have  substituted  his 
terrible  philippic  against  usurpers  and  tyrants  by 
the  following  parody,  ""R-"+"°  **»*  >"'=  Triiim. 


Brutus  had  his  Trium- 


350 


REBELLION  RECORD,  1862-63. 


virate,  Cromwell  his  Charles  the  Second,  and  Jeff 
Davis,  Vallandigham,  etc.,  may  profit  by  their 
example ;"  ami  his  battle-cry  of  freedom  by  the 
following  paraphrase : 

"  Give  us  rule,  or  give  us  ruin ;  give  us  all  we 
ask,  or  disunion  ;  Lincoln,  leave  us  all  that  James 
Buchanan  gave  us,  all  that  Floyd,  Toucey,-Cobb, 
and  company  stole,  and  let  us  alone."  But  this 
will  be  our  rendering  of  -these  noble  sentiments 
when  we  have  those  traitors  in  our  power:  "The 
Devil  had  his  Michael,  Haman  his  Mordecai,  and 
Davis,  Vallandigham,  etc.,  shall  profit  by  their 
example."  And  to  the  latter  sentiment  of  Co 
lumbia's  orator  we  fervently  respond.  Amen !  for, 
with  Webster,  we  resolve :  "  The  Union  now  and 
forever,  one  and  inseparable." 

We  are  are  opposite  Newport  News,  and  see 
where  the  wreck  of  the  ill-fated  Cumberland  and 
gallant  crew  went  down,  casting  gloom  and  sor 
row  over  our  beloved  country.  Sleep  on  in  peace  in 
thy  bed  of  glory,  my  brave  lads ;  thy  deeds  of  hero 
ic  bravery  will  live  green  in  our  hearts  forever. 

At  a  distance  of  two  miles  from  the  shore  lay 
three  of  those  Yankee  cheese-box  crafts,  as  the 
boys  call  our  monitors;  they  resemble,  at  the 
distance  I  see  them,  a  large  canoe  with  a  flour- 
barrel  in  the  centre ;  but  as  insignificant  as  these 
"dogs  of  war"  look,  they  keep  the  Merrimac 
hugging  the  base  of  Fort  Darling,  for  they  have 
concluded,  with  the  poet  Campbell,  that 

«'  •TIa  distance  lends  enchantment  to  the  Tiew." 

We  arrived  at  Fortress  Monroe  and  cast  anchor 
at  eight  A.M.  The  place  presents  a  very  lively 
appearance;  there  are  several  government  war 
vessels  there  composing  our  blockading  fleet; 
besides  there  are  three  British  frigates  at  anchor, 
also  an  almost  innumerable  quantity  of  all  kinds 
of  craft,  and  beyond  us,  in  the  Roads,  lies,  like 
a  mighty  sea-monster,  the  Rip  Raps,  the  terror  of 
deserters  ;  while  upon  the  other  side  of  us,  upon 
the  Peninsula,  lies  the  old  she-fort,  Fortress 
Monroe — her  ramparts  bristling  with  huge  siege- 
pieces,  while  in  the  battery  below  stands  the 
Time-gun,  like  a  veritable  Cerberus,  guarding  the 
entrance  to  the  Roads.  Oh !  but  I  would  like  to 
hear  her  baric: 

u  The  Union  forever,  hurrah,  boys,  hurrah  ! 
Down  with  the  traitors,  up  with  tlie  Stars, 
While  we  rally  round  the  flag,  boys,  rally  once  again, 
Shouting  the  battle-cry  of  freedom." 


Doc.  58. 
REBEL  PARTISAN  RANGERS. 

SECTION  1.  The  Congress  of  the  Confederate 
States  of  America  do  enact,  That  the  President 
be,  and  he  is  hereby,  authorized  to  commission 
such  officers  as  he  may  deem  proper,  with  au 
thority  to  form  bands  of  Partisan  Rangers,  in 
companies,  battalions,  or  regiments  to  be  com 
posed  each  of  such  numbers  as  the  President  may 
approve. 

SEC.  2.  Be  it  further  enacted,  That  such  Parti 


san  Rangers,  after  being  regularly  received  into 
service,  shall  be  entitled  to  the  same  pay,  rations, 
and  quarters,  during  the  term  of  service,  and  be 
subject  to  the  same  regulations  as  other  soldiers. 

SEC.  3.  Be  it  further  enacted,  That  for  any 
arms  and  munitions  of  war  captured  from  the 
enemy  by  any  body  of  Partisan  Rangers,  and  de 
livered  to  any  quartermaster  at  such  place  or 
places  as  may  be  designated  by  a  commanding 
general,  the  Rangers  shall  be  paid  their  full  value 
in  such  manner  as  the  Secretary  of  War  may 
prescribe. 

Approved  April  21,  1862. 


Doc.  59. 
GUNBOAT  FIGHT  AT   FORT   HUGER. 

A  REBEL  ACCOUNT  OF  THE  AFFAIR. 
FORT  HCGER,  HARDY'S  BLUFF,  JAMES  RIVER,  May  8,  1882. 

THREE  of  the  enemy's  gunboats — two  of  them 
iron-clad — came  up  at  eight  o'clock  this  morning 
to  Fort  Boy  kin  (commanded  by  Captain  John  U. 
Shivers)  and  opened  fire,  discharging  about  three 
hundred  rounds  of  shell  and  rifle  shot.  The  Fort, 
which  had  only  five  mounted  guns,  returned  the 
fire  until  ten  o'clock,  when  orders  were  given  to 
spike  the  guns  and  burn  the  quarters.  A  fine 
company  of  light  artillery  and  infantry  had  start 
ed  from  Smithfield,  Isle  of  Wight  County,  to  par 
ticipate  in  the  fight,  but  learning  that  the  above 
orders  had  been  given,  they  returned.  The  three 
gunboats  then  moved  up  the  river  eight  miles,  to 
the  fort  on  Hardy's  Bluff,  and  at  eleven  o'clock 
the  guns  at  this  Fort  opened  fire,  which  was  re 
turned  by  the  boats  continually  until  two  o'clock. 
After  firing  over  two  hundred  rounds  of  shell  and 
rifle,  they  passed  up  the  river  out  of  range  of  the 
guns  at  the  Fort,  we  having  fired  the  first  and 
last  gun.  Our  flag  waved  gloriously  throughout 
the  engagement.  Not  a  man  was  killed  in  the 
Fort,  and  only  three  were  wounded. 

Capt.  J.  M.  Maury,  (captain  of  the  Fort,)  dur 
ing  the  entire  engagement  of  three  hours  and  a 
half,  was  as  cool  and  collected  as  if  only  per 
forming  the  daily  practising  of  his  guns  on  the 
Fort;  also,  Captain  A.  J.  Aikin,  of  the  Varina 
artillery,  and  Capt.  Branch,  of  White's  artillery, 
and  their  respective  officers  —  all  their  names  I 
did  not  learn  ;  nor  can  too  much  praise  be  given 
to  the  men  in  each  company,  obeying  every  order 
from  their  officers  bravely  and  cheerfully,  as  if 
they  had  faced  a  hundred  battles  instead  of  this 
their  first  battle.  It  would  have  pleased  their 
friends  to  have  witnessed  how  gallantly  they 
fought.  After  the  battle,  Captain  Maury  caused 
the  men  to  be  drawn  up  in  a  line  in  the  Fort,  and 
stated  if  there  was  a  man  that  did  not  wish  to 
remain  in  the  Fort  and  fight  with  him,  to  step 
out  of  the  ranks,  and  he  woultf  allow  him  to 
leave  the  Fort  and  get  out  of  the  range  of  the 
guns.  Not  a  man  moved,  not  an  eye  quiveied  ; 
but  with  one  universal  cry  of  "  No !  no  !  no  !  we 
will  fight  1"  Can  such  men  be  conquered  ? 

—Richmond  Dispatch. 


DOCUMENTS. 


351 


Doc.  60. 
THE    REBEL    CONSCRIPTION. 

fHE  PETITION  OP  CERTAIN  NON-CONSCRIPTS,  RESPECT 
FULLY  PRESENTED  TO  THE  CONFEDERATE  STATES 
CONGRESS. 

To  the  Speaker  and  Members  of  Congress  of  the 

Confederate  States  of  America : 

Youu  petitioners  respectfully  represent  that 
they  are  all  over  the  age  of  thirty-five  years,  or 
under  the  age  of  eighteen  years.  They  were  all 
"  enrolled  in  the  military  service  of  the  confed 
erate  States"  previous  to  the  sixteenth  day  of 
April,  1862,  the  date  of  the  Conscript  Act.  Some 
of  your  petitioners  belong  to  companies  mus 
tered  and  received  into  service  for  twelve  months, 
some  of  whom  reenlisted  for  the  war  previous  to 
the  sixteenth  day  of  April,  1862,  and  others  who 
have  not  reenlisted ;  some  who  have  received  the 
bounty  money,  and  others  who  have  not  received 
it.  Most  of  your  petitioners  had,  under  the  call 
of  their  respective  States,  and  the  President  of 
the  confederate  States,  enlisted  for  "  three  years 
or  the  war,"  previous  to  the  sixteenth  of  April, 
1862. 

Your  petitioners  are  from  the  different  States 
of  the  Confederacy  —  some  of  them  over  fifty 
years  old,  others  under  seventeen  years  of  age. 
At  the  different  periods  of  their  enlistment  the 
prospects  of  the  army  of  the  Confederacy  were 
darkened  and  being  overshadowed  by  a  series  of 
mishaps,  blunders,  and  military  misadventures. 
The  cause  so  dear  to  every  true  and  brave  South 
ron  was,  to  all  outward  appearances,  waning,  and 
needed  renewed  energies  and  unmistakable  pop 
ular  manifestations  of  personal  bravery  and  in 
dividual  sacrifices. 

The  call  for  fresh  troops,  increased  energies, 
and  redoubled  exertions,  was  promptly  respond 
ed  to  by  your  petitioners,  as  volunteers  in  the 
army  of  the  confederate  States.  At  that  critical 
juncture  of  the  affairs  of  the  country,  neither 
your  petitioners  nor  the  public  had  any  idea  of 
the  passage  of  the  Conscript  Act.  It  was  then 
believed  that  it  was  the  settled  policy  of  the  con 
federate  government  to  rest  its  sustaining  reli 
ance  on  the  untrammelled  free  will  and  high  spir 
it  of  the  Southern  people  to  be  called  forth,  or 
ganized,  and  put  into  action  under  their  respective 
State  organizations.  Your  petitioners  could  not 
have  anticipated  the  passage  of  the  Conscript 
Act,  or  the  adoption  and  sanction  of  any  system 
of  military  organization  by  the  confederate  States 
government,  which  would  claim  to  rest  as  a  basis 
on  the  abnegation  of  the  cherished  principle  of 
State  sovereignty  and  individual  freedom  of  will. 
They,  as  did  their  States,  regarded  the  cardinal 
principle  of  individual,  personal  liberty  and  un 
questioned  State  sovereignty  as  the  key-note  to 
the  existing  revolution. 

Under  impulses  of  no  ordinary  character,  your 
petitioners,  in  the  hour  of  their  country's  danger, 
left  home,  family,  all,  to  fight  as  freemen  in  the 
army  of  freemen.  To  preserve  sacred  their 
birth-right  —  individual  personal  liberty,  under 
their  respective  State  governments — they  were, 


and  are  now,  prepared  to  sacrifice  every  thing 
but  their  honor  and  manhood.  They  believed, 
as  they  had  every  right  to  believe,  that  the  agreed 
statm  of  the  army  would  remain  on  the  basis 
which  had  been  adopted  and  sanctioned  by  the 
responsive  legislation  of  the  confederate  govern 
ment.  Had  that  ascertained  policy  and  accredit 
ed  system  of  military  organization  been  sustained 
and  carried  out,  not  one  of  your  petitioners  would 
have  complained. 

Under  the  conviction  that  no  such  change 
would  or  could  be  made,  your  petitioners  volun 
teered  freely  and  reenlisted  willingly.  They  thus 
entered  into  a  contract  with  the  confederate 
States  which  they  had  no  right  to  suspect  would 
ever  be  violated  by  that  high  contracting  party. 
In  this  they  were  over-confident.  On  the  six 
teenth  day  of  April,  1862,  the  Conscript  Act  be 
came  a  law.  The  will  of  your  honorable  body, 
as  made  known  in  that  law,  by  terms  too  plain 
to  be  mistaken,  and  too  imperious  to  be  lightly 
disregarded,  annulled  all  previous  contracts  made 
by  volunteers,  and,  by  explicit  terms  of  coercive 
legislation,  made  men  under  the  age  of  thirty-five 
years  and  over  eighteen  years  soldiers  for  the 
war,  or  until  they  attained  the  age  of  thirty-five 
years — thus  drawing,  as  with  "  hooks  of  steel," 
every  male  citizen  within  the  prescribed  ages, 
(with  a  few  excepted  cases,)  immediately  and  en 
tirely  from  the  control  of  State  action,  and  placed 
them  at  the  disposal  of  the  President  during  the 
war. 

This  law,  had  it  been  unqualified  and  unac 
companied  by  a  reciprocating  return  to  the  body 
of  society,  and  under  the  control  of  the  different 
States,  (that  class  then  in  the  army,  represented 
by  your  petitioners,)  could  never  have  been  sanc 
tioned  by  the  States.  As  a  ^onus  to  society,  and 
a  concurrent  guarantee  to  the  States,  your  hon 
orable  body  inserted  certain  qualifications,  re 
strictions,  and  conditions  precedent  to  the  main 
body  of  the  act.  They  were  in  the  following 
words : 

"  Provided  further,  That  all  persons  under  the 
age  of  eighteen  years,  or  over  the  age  of  thirty- 
five  years,  who  are  now  enrolled  in  the  military 
service  of  the  confederate  States,  in  the  regi 
ments,  squadrons,  battalions,  and  companies 
hereafter  to  be  reorganized,  shall  be  required  to 
remain  in  their  respective  companies,  squadrons, 
battalions,  and  regiments  for  ninety  days,  unless 
their  places  shall  be  sooner  supplied  by  other  re 
cruits,  not  now  in  the  service,  who  are  between 
the  ages  of  eighteen  and  thirty-five  years.  And 
all  laws  and  parts  of  laws  providing  for  the  re 
organization  of  volunteers,  and  the  organization 
thereof,  into  companies,  squadrons,  battalions, 
and  regiments  shall  be  and  the  same  are  hereby 
repealed." 

On  the  promulgation  of  the  law,  with  this 
qualification,  (without  which  your  petitioners 
aver  the  law  could  never  have  been  passed,)  there 
was  but  one  construction  placed  on  it  in  the  army 
and  throughout  the  country,  so  far  as  your  peti 
tioners  are  advised  and  believe ;  and  that  was, 
that  all  persons  over  the  age  of  thirty-five  years 


852 


REBELLION   RECORD,  1862-63. 


or  under  eighteen  years,  who  were,  on  the  date 
of  the  law,  "enrolled  in  the  military  service  of 
the  confederate  States,"  should  ~be  discharged  on 
the  sixteenth  day  of  July,  1802;  and  this  with 
out  restriction,  qualification,  or  peradventure. 
These  were  the  terms  of  the  laic.  They  were 
plain,  unequivocal,  and  mandatory.  Common- 
sense — universal  puhlic  opinion,  concurring  mili 
tary,  popular,  and  official  sentiment,  thus  under 
stood,  accepted,  and  adopted  the  law.  Nor  was 
it  anywhere,  by  any  one,  or  under  any  circum 
stances,  otherwise  spoken  of,  considered,  or  re 
garded,  so  far  as  your  petitioners  are  advised,  in 
or  out  of  the  army,  until  General  Order  No.  46, 
rescinding  General  Order  No.  44,  was  issued  by 
the  Adjutant-General,  under  and  by  authority  of 
the  Secretary  at  War. 

That  order  took  the  country  and  the  army  by 
surprise.  It  fell  as  a  death-knell  upon  the  as 
sured  expectations  of  your  petitioners.  It  struck 
the  popular  ear  with  no  less  astonishment.  It 
disclosed  a  new,  secret,  and  dangerous  spring  of 
executive  and  ministerial  power,  as  unlocked  for 
as  it  was  novel  and  perilous  to  the  spirit  and 
genius  of  the  revolution  inaugurated  on  the  de 
clared  principle  of  eternal  opposition  and  un 
yielding  resistance  to  executive  or  quasi  legisla 
tive  encroachments  on  the  chartered  rights  and 
constitutional  privileges  of  the  people.  It  mani 
fested  a  will  to  assume  power  where  none  was 
bestowed,  or  intended  to  be  bestowed,  and  to  ex 
ercise  high  retroacting  and  annulling  prerogatives 
where  all  exercise  of  executive  will  or  ministerial 
discretion  was  positively  and  distinctly  inhibited. 
It  presented  a  painful  instance  of  a  plain,  palpa 
ble,  and  dangerous  infraction  of  the  constitution 
al  guarantees  and  vested  rights  of  your  petition 
ers,  as  declared  by  your  honorable  body,  and 
unmistakably  announced  in  the  Conscript  Act. 

Your  petitioners,  feeling  that  this  interpolating 
order  of  the  Adjutant-General  was  a  clear,  palpa 
ble,  and  unauthorized  (by  the  law)  infraction  of 
their  rights,  consulted  counsel,  and  procured  his 
written  opinion,  which  was  published,  and  will 
be  laid  before  your  honorable  body.  In  thus 
seeking  counsel,  your  petitioners  were  not  ac 
tuated  by  any  other  spirit  than  that  of  a  disposi 
tion  to  ascertain  their  legal  rights,  as  defined  and 
enumerated  by  your  honorable  body.  They  had 
volunteered  without  the  least  idea  of  the  passage 
of  any  such  law.  That  law,  without  their  solic 
itation,  not  only  revoked  and  annulled  the  act  of 
their  volunteering,  but,  in  distinct  terms,  released 
them  from  all  military  service  after  the  sixteenth 
day  of  July,  1862,  as  a  consideration  to  society 
and  the  different  States  for  the  unconditional, 
peremptory,  and  mandatory  draft,  which  the 
same  law  made  indiscriminately  on  the  commu 
nity.  It  in  express  terms  released  all  over  thir 
ty-five  years  or  under  eighteen  years,  that  it 
might  claim,  demand,  arid  impress  all  between 
those  ages.  It  discarded  those  over  thirty-five 
years  of  age,  that  it  might  COERCE  those  under 
that  age. 

This  was  a  severe  tax  on  the  community  at 
large,  and  not  less  severe  on  your  petitioners  as 


a  class.  It  took  the  manhood  and  youth  of  the 
country,  with  or  without  their  consent ;  but  it 
undertook  and  guarantied  that  all  over  thirtv-five 
or  under  eighteen  years  should  be  discharged 
This  was,  in  terms,  a  solemn  legislative  compact 
with  the  States  and  society.  As  such,  severe 
and  harsh  as  it  was,  it  was  ratified  by  acquies 
cence,  and  no  settled  opposition  was  made. 

Your  petitioners  even  now  would  greatly  pre 
fer  that  matters  should  have  remained  as  they 
were  ;  but  they  were  disposed  of  by  the  law,  and 
respectfully  insist  that  what  the  law  did  the  Sec 
retary  at  War  cannot  undo.  The  compact  made 
by  your  honorable  body,  if  good  in  one  part, 
must  stand  unaltered  in  every  part.  The  clause 
releasing  your  petitioners  was  in  a  proviso,  and 
was  and  is  paramount  to  the  enactments  in  the 
main  body  of  the  act.  It  was  the  codicil  to  the 
legislative  will,  and  was  superior  in  its  active 
powers  to  any  and  all  parts  of  the  act  which 
might  happen  to  conflict  \vith  it.  If  the  retroac 
tive  interpolation  entered  by  authority  of  the 
Secretary  at  War  repealed  that  proviso,  accord 
ing  to  all  law  and  every  rule  of  sound  construc 
tion,  the  same  repealing  order  would  annul  and 
destroy  the  main  body  of  the  act.  On  this  sub 
ject,  your  petitioners  are  advised,  the  authorities 
are  most  satisfactory. 

But  the  Secretary  at  War  has  repealed  the 
proviso,  recalled  the  warrant  of  discharge,  and 
placed  his  own  construction  on  the  whole  law, 
and  directed  that  your  petitioners  should  not  be 
discharged — the  twelve  months'  men — until  the 
expiration  of  ninety  days  after  their  term  of 
service,  and  claims  to  retain  all  persons  enlisted 
for  the  war  previous  to  the  sixteenth  of  April, 
1862,  for  the  war. 

Your  petitioners  are  advised  that  the  rights, 
privileges,  and  immunities  vested  in  them  by  vir 
tue  of  the  proviso  to  the  said  act  are  full  and 
complete,  attended  by  no  conditions,  and  re 
strained  by  no  qualifications,  and  that  those 
rights  admit  of  no  intermediate  and  counteract 
ing  restrictions,  either  from  the  executive  or  min 
isterial  department  of  the  government.  They 
aver,  most  respectfully,  that  any  interpolating  or 
retroactive  orders,  whether  by  the  Chief  Magis 
trate,  or  any  one  or  more  of  his  subordinate 
functionaries,  is  in  law  (however  they  may  tem- 
perarily  act  on  your  petitioners)  unavailing,  null, 
and  void.  But  they  are  advised  that,  as  there  is 
in  operation  no  judicial  process  by  which  they 
could  test  this  matter  as  a  class,  their  only  legiti 
mate  means  of  redress  is  through  your  honora 
ble  body. 

There  can  be  no  question  that  all  laics  passed 
by  Congress  are  supreme,  and  challenge  the  ob&- 
dient  acquiescence  of  the  President  and  every 
department  of  the  government  until  they  are  re 
pealed  or  pronounced  unconstitutional  by  a  com 
petent  judicial  tribunal.  And  any  violation  of 
any  one  or  more  of  such  laws  by  any  depart 
ment  of  the  government  is  not  less  culpable  than 
a  similar  violation  by  any  other  member  of  so 
ciety. 

The  reason,  spirit,  and  intention  of  the  law  in 


DOCUMENTS. 


353 


question,  as  well  as  its  word*,  context,  and  sub 
ject-matter,  are  plain  and  unmistakable.  There 
is  no  point,  no  word,  no  object,  no  purpose  which 
is  not  fairly  and  plainly  set  forth.  The  question 
then  presents  itself,  painful,  serious,  and  vital 
shall  the  law  prevail,  or  shall  the  intervening, 
unauthorized  interpolation  of  the  Secretary  al 
War  prevail  ?  Shall  an  army  order  revoke  a  sol 
emn  act  of  Congress  ?  Shall  Congress  or  the 
Executive  rule  the  people,  control  the  army,  and 
legislate  for  the  country  ?  Have  we  a  constitu 
tional  government,  with  specific  powers  granted, 
beyond  which  no  department  of  the  government 
shall  pass,  or  have  we  an  unlimited  government, 
dependent  only  on  Executive  will  or  ministerial 
caprice  ?  Are  the  people  free,  or  is  the  Executive 
supreme  ? 

These  are  no  idle  questions.  They  are  sol- 
emly  propounded,  and  merit  a  solemn  response. 
It  was  legislative  encroachments  and  Executive 
usurpations  which  destroyed  the  Union,  never  to 
be  restored.  Shall  the  Southern  States,  confed 
erated,  yield  the  same  destroying  element  of 
self-destruction  ?  The  answer  which  your  hon 
orable  body  may  see  fit  to  give  will  descend  with 
its  weighty  consequences  to  posterity.  The  voice 
of  history  is  not  less  potent  in  its  warnings 
against  executive  assumption  or  ministerial  abuse 
of  power  than  the  hopes  of  the  future  are  de 
pendent  on  your  response. 

In  view  of  the  dangers  which  beset  the  coun 
try,  your  petitioners  cannot  better  conclude  their 
appeal  than  by  adopting  the  significant  language 
uttered  by  Patrick  Henry,  in  the  Virginia  Con 
vention,  on  the  seventh  of  January,  1788,  when 
he  exclaimed  :  "  The  real  rock  of  political  salva 
tion  is  self-love  —  perpetuated  from  age  to  age  — 
in  every  human  breast,  and  manifested  in  every 
human  action.  When  the  Commons  of  England, 
in  the  manly  language  which  became  freemen, 
said  to  their  king,  l  You  ARE  OUR  SERVANT,'  then 
was  the  temple  of  liberty  complete." 

It  is  with  no  view  of  avoiding  danger,  or  shun 
ning  responsibilities,  that  your  petitioners  ask 
their  discharge.  Their  hearts,  hopes,  energies 
are  all  enlisted  in  this  war.  They  had  rather 
lose  all  and  perish  themselves,  than  fail  to  main 
tain  the  cardinal  principle  on  which  this  war 
turns.  They  will  never  yield  to  an  insolent  for 
eign  foe,  or  succumb  to  any  power  which  seeks 
to  subvert  the  inherent  rights  of  the  States,  or 
to  destroy  the  individual  liberty  of  the  free-born 
citizen.  Feeling  that  in  this  order  of  revocation, 
(General  Order  No.  46)  not  only  their  rights, 
but  the  rights  of  the  people,  and  the  legitimate 
powers  and  functions  of  Congress,  are  invaded 
and  endangered,  they  seek  the  proper  remedy ; 
should  their  services  be  needed,  they,  and  all 
they  have,  will  be  freely  offered  up  on  the  altar 
of  constitutional  liberty.  But  they  are  not  pre 
pared  to  yield  a  silent  submission  to  the  violation 
of  their  rights,  or  the  subversion  of  the  vested 
immunities,  when  their  title  papers  are  derived 
Jrom  your  honorable  body. 

Your  petitioners  respectfully  ask,  that  they 


may  be  fully  heard  before  your  honorable  body, 
through  their  counsel.  THE  PETITIONERS, 

By  their  counsel,  JOHN  H.  GILMEH. 

Richmond,  Aug.  8,  1362. 


Doc.  61. 
JEFF    DAVIS'S    MESSAGE, 

DELIVERED  AUGUST  18,   1862. 

To  the  Senate  and  House  of  Representatives  of 

the  Confederate  States : 

IT  is  again  our  fortune  to  meet  for  devis 
ing  measures  necessary  to  the  public  welfare, 
whilst  our  country  is  involved  in  a  desolating 
war.  The  sufferings  endured  by  some  portions 
of  the  people  excite  the  deepest  solicitude  of  the 
government,  and  the  sympathy  thus  evoked  has 
been  heightened  by  the  patriotic  devotion  with 
which  these  sufferings  have  been  borne.  The 
gallantry  and  good  conduct  of  our  troops,  always 
claiming  the  gratitude  of  the  country,  has  been 
further  illustrated  on  hard-fought  fields,  marked 
by  exhibitions  of  individual  prowess  which  can 
find  but  few  parallels  in  ancient  or  modern  history. 
Our  army  has  not  faltered  in  any  of  the  various 
trials  in  which  it  has  been  subjected,  and  the 
great  body  of  the  people  have  continued  to  mani 
fest  a  zeal  and  unanimity  which  not  only  cheer 
the  battle-stained  soldier,  but  gives  assurance  to 
the  friends  of  constitutional  liberty  of  our  final 
triumph  in  the  pending  struggle  against  despotic 
usurpation. 

The  vast  army  which  threatened  the  capital 
of  the  Confederacy  has  been  defeated  and  driven 
from  the  lines  of  investment,  and  the  enemy,  re 
peatedly  foiled  in  his  efforts  for  its  capture,  is 
now  seeking  to  raise  new  armies  on  a  scale  such 
is  modern  history  does  not  record  to  effect  that 
subjugation  of  the  South  so  often  proclaimed  as 
on  the  eve  of  accomplishment. 

The  perfidy  which  disregarded  rights  secured 
)y  compact,  the  madness  which  trampled  on  ob- 
igations  made  sacred  by  every  consideration  of 
lonor,  have  been  intensified  by  the  malignity  en 
gendered  by  defeat.    These  passions  have  changed 
he  character  of  the  hostilities  waged  by  our  ene 
mies,  who  are  becoming  daily  less  regardful  of 
he  usages  of  civilized  war  and  the  dictates  of 
lumanity.     Rapine  and  wanton   destruction  of 
rivate  property,  war  upon  non-combatants,  mm  - 
der  of  captives,  bloody  threats   to   avenge   the 
death  of  an  invading  soldiery  by  the  slaughter  of 
unarmed  citizens,  orders  of  banishment  against 
peaceful  farmers  engaged  in  the  cultivation  of  the 
soil,  are  some  of  the  means  used  by  our  ruthless 
nvaders  to  enforce  th :  submission  of  a  free  peo- 
)le  to  foreign  sway.     Confiscation  bills  of  a  chai 
icter  so  atrocious  as  to  insure,  if  executed,  the 
utter  ruin  of  the  entir^  j^pulation  of  these  States, 
ire  passed  by  their  J^ngi-ess  and  approved  by 
heir  Executive.     The  moneyed  obligations  of  the 
confederate  government  are  forged  by  citizens  of 
he  United  States,  and  publicly  advertised  for 


854 


REBELLION  RECORD,  1SG2-3. 


sale  in  their  cities  with  a  notoriety  that  sufficient 
ly  attests   the  knowledge   of  their  government, 


The  acts  passed  at  your  last  session  intended 
to  secure  the  public  defence  by  general  enrolment, 


and  its  complicity  in  the  crime  is  further  evinced  and  to  render  uniform  the  rules  governing  troops 
by  the  fact  that  the  soldiers  of  the  invading  in  the  service,  have  led  to  some  unexpected  criti- 
armies  are  found  supplied  with  large  quantities  cism  that  is  much  to  be  regretted. 


of  these  forged  notes  as  a  means  of  despoiling  the 
country  people,  by  fraud,  out  of  such  portions  of 
their  property  as  armed  violence  may  fail  to  reach. 
Two,  at  least,  of  the  generals  of  the  United  States 
are  engaged,  unchecked  by  their  government,  in 
exciting  servile  insurrection,  and  in  arming  and 
training  slaves  for  warfare  against  their  masters, 
citizens  of  the  Confederacy.  Another  has  been 
found  of  instincts  so  brutal  as  to  invite  the  vio 
lence  of  his  soldiery  against  the  women  of  a  cap 
tured  city. 

Yet,  the  rebuke  of  civilized  man  has  failed  to 
evoke  from  the  authorities  of  the  United  States 
one  mark  of  disapprobation  of  his  acts  ;  nor  is 
there  any  reason  to  suppose  that  the  conduct  of 
Benjamin  F.  Butler  has  failed  to  secure  from  his 
government  the  sanction  and  applause  with  which 
it  is  known  to  have  been  greeted  by  public  meet 
ings  and  portions  of  the  press  of  the  United 
States.  To  inquiries  made  of  the  Commander-in- 
Chief  of  the  armies  of  the  United  States,  whether 
the  atrocious  conduct  of  some  of  their  military 
commandants  met  the  sanction  of  that  govern 
ment,  answer  has  been  evaded  on  the  pretext  a  just  care  for  the  public  defence  with  a  proper 


The  efficiency  of  the  law  has  been  thus  some 
what  impaired,  though  it  is  not  believed  that  in 
any  of  the  States  the  popular  mind  has  withheld 
its  sanction  from  either  the  necessity  or  propriety 
of  your  legislation.  It  is  only  by  harmonious  as 
well  as  zealous  action  that  a  government  as  new 
as  ours,  ushered  into  existence  on  the  very  eve 
of  a  great  war,  and  unprovided  with  the  material 
necessary  for  conducting  hostilities  on  so  vast  a 
scale,  can  fulfil  its  duties.  Upon  you,  who  are 
fully  informed  of  the  acts  and  purposes  of  the 
government,  and  thoroughly  imbued  with  the  feel 
ings  and  sentiments  of  the  people,  must  reliance 
be  placed  to  secure  this  great  object.  You  can 
best  devise  the  means  for  establishing  that  entire 
cooperation  of  the  State  and  confederate  govern 
ments  which  is  essential  to  the  well-being  of  both 
at  all  times,  but  which  is  now  indispensable  to 
that  very  existence. 

And  if  any  legislation  shall  seem  to  you  appro 
priate  for  adjusting  differences  of  opinion,  it  will 
be  my  pleasure  as  well  as  duty  to  cooperate  in 
any  measure  that  may  be  devised  for  reconciling 


that  the  inquiry  was  insulting,  and  no  method 
remains  for  the  suppression  of  these  enormities 
but  such  retributive  justice  as  it  may  be  found 
possible  to  execute. 

Retaliation  in  kind,  for  many  of  them,  is  im 
practicable,  for  I  have  had  occasion  to  remark  in 
a  former  message,  that  under  no  excess  of  provo 
cation  could  our  noble-hearted  defenders  be  driv 
en  to  wreak  vengeance  on  unarmed  men,  on 
women,  or  on  children.  But  stern  and  exempla 
ry  punishment  can  and  must  be  meted  out  to  the 
murderers  and  felons,  who,  disgracing  the  pro 
fession  of  arms,  seek  to  make  of  public  war  the 
occasion  for  the  commission  of  the  most  mon 
strous  crimes. 

Deeply  as  we  regret  the  character  of  the  con 
test  into  which  we  are  about  to  be  forced,  we 
must  accept  it  as  an  alternative  which  recent 
manifestations  give  us  little  hope  can  be  avoided. 

The  exasperation  of  failure  has  aroused  the 
worst  passions  of  our  enemies  ;  a  large  portion 
of  their  people,  even  of  their  clergymen,  now  en 
gage  in  urging  an  excited  populace  to  the  extreme 
of  ferocity,  and  nothing  remains  but  to  vindicate 
our  rights  and  to  maintain  our  existence  by  em 
ploying  against  our  foe  every  energy  and  every 
resource  at  our  disposal. 

I  append  for  your  information  a  copy  of  the 
papers  exhibiting  the  action  of  the  government, 
up  to  the  present  time,  for  the  repression  of  the 
outrages  committed  on  our  people.  Other  mea 
sures  now  in  progress  will  be  submitted  here 
after. 

In  inviting  your  attention  to  the  legislation 
which  the  necessities  of  our  condition  require, 
those  connected  with  the  prosecution  of  the  war 
command  almost  undivided  attention. 


deference  for  the  most  scrupulous  susceptibilities 
of  the  State  authorities. 

The  report  of  the  Secretary  of  the  Treasury 
will  exhibit  in  detail  the  operations  of  that  depart 
ment.  It  will  be  seen  with  satisfaction  that  the 
credit  of  the  government  securities  remains  unim 
paired,  and  that  this  credit  is  fully  justified  by  the 
comparatively  small  amount  of  accumulated  debt, 
notwithstanding  the  magnitude  of  our  military 
operations.  The  legislation  of  the  last  session 
provided  for  the  purchase  of  supplies  with  the 
bonds  of  the  government,  but  the  preference  of 
the  people  for  treasury  notes  has  been  so  marked 
that  the  legislation  is  recommended  to  authorize 
an  increase  in  the  issue  of  treasury  notes,  which 
the  public  service  seems  to  require.  No  grave 
inconvenience  need  be  apprehended  from  this  in 
creased  issue,  as  the  provision  of  law  by  which 
these  notes  are  convertible  into  eight  per  cent 
bonds,  forms  an  efficient  and  permanent  safeguard 
against  any  serious  depreciation  of  the  currency. 
Your  attention  is  also  invited  to  the  means  pro 
posed  by  the  Secretary  for  facilitating  the  prepar 
ation  of  these  notes,  and  for  guarding  them  against 
forgery.  It  is  due  to  our  people  to  state  that  no 
manufacture  of  counterfeit  notes  exists  within  our 
limits,  and  that  they  are  imported  all  from  the 
Northern  States. 

The  report  of  the  Secretary  of  War,  which  is 
submitted,  contains  numerous  suggestions  for  the 
legislation  deemed  desirable  in  order  to  add  to  the 
efficiency  of  the  service.  I  invite  your  favorable 
consideration  especiall}'  to  those  recommendations 
which  are  intended  to  secure  the  proper  execu 
tion  of  the  conscript  law,  and  the  consolidation 
of  companies,  battalions,  and  regiments,  when  so 
reduced  in  strength  as  to  impair  that  uniformity 


DOCUMENTS. 


3/55 


of  organization  which  is  necessary  in  the  army, 
while  an  undue  burthen  is  imposed  on  the  treas 
ury.  The  necessity  for  some  legislation  for  con 
trolling  military  transportation  on  the  railroads, 
and  improving  their  present  defective  condition, 
forces  itself  upon  the  attention  of  the  government, 
and  I  trust  that  you  will  be  able  to  devise  satis 
factory  measures  for  attaining  this  purpose.  The 
legislation  on  the  subject  of  general  officers  in 
volves  the  service  in  some  difficulties  which  are 
pointed  out  by  the  Secretary,  and  for  which  the 
remedy  suggested  by  him  seems  appropriate. 

In  connection  with  this  subject  I  am  of  opinion 
that  prudence  dictates  some  provision  for  the  in 
crease  of  the  army,  in  the  event  of  emergencies 
not  now  anticipated.  The  very  large  increase  of 
forces  recently  called  into  the  field  by  the  Presi 
dent  of  the  United  States  may  render  it  necessary 
hereafter  to  extend  the  provisions  of  the  conscript 
law,  so  as  to  embrace  persons  between  the  ages  of 
thirty-five  and  forty-five  years.  The  vigor  and 
efficiency  of  our  present  forces,  their  condition, 
and  the  skill  and  ability  which  distinguish  their 
leaders  inspire  the  belief  that  no  further  enrolment 
will  be  necessary,  but  a  wise  foresight  requires 
that  if  a  necessity  should  be  suddenly  developed 
during  the  recess  of  Congress  requiring  increased 
forces  for  our  defence,  means  should  exist  for 
calling  such  forces  into  the  field,  without  await 
ing  the  reassembling  of  the  legislative  department 
of  the  government. 

In  the  election  and  appointment  of  officers  for 
the  provisional  army,  it  was  to  be  anticipated  that 
mistakes  would  be  made,  and  incompetent  officers 
of  all  grades  introduced  into  the  service.  In  the 
absence  of  experience,  and  with  no  reliable  guide 
for  selection,  executive  appointments,  as  well  as 
elections,  have  been  sometimes  unfortunate.  The 
good  of  the  service,  the  interests  of  our  country, 
require  that  some  means  be  devised  for  withdraw 
ing  the  commissions  of  officers  who  are  incompe 
tent  for  the  duties  required  by  the  position,  and 
I  trust  that  you  will  find  means  for  relieving  the 
army  of  such  officers  by  some  mode  more  prompt 
and  less  wounding  to  their  sensibility  than  judg 
ment  of  a  court-martial. 

Within  a  recent  period  we  have  effected  the  ob 
ject  so  long  desired,  of  an  arrangement  for  the 
exchange  of  prisoners,  which  is  now  being  exe 
cuted  by  delivery  at  the  points  agreed  upon,  and 
which  will,  it  is  hoped,  speedily  restore  our  brave 
and  unfortunate  countrymen  to  their  places  in  the 
ranks  of  the  army  from  which,  by  the  fortune  of 
war  they  have  for  a  time  been  separated.  The 
details  of  this  arrangement  will  be  communicated 
to  you  in  a  special  report  when  further  progress 
has  been  made  in  their  execution. 

Of  other  particulars  concerning  the  operations 
of- the  War  Department,  you  will  be  informed  by 
the  Secretary  in  his  report  and  the  accompanying 
documents. 

The  report  of  the  Secretary  of  the  Navy  em 
braces  a  statement  of  the  operations  and  present 
condition  of  this  branch  of  the  public  service,  both 
afloat  and  ashore ;  the  construction  and  equip 
ment  of  armed  vessels  at  home  and  abroad,  the 


manufacture  of  ordnance  and  ordnance  stores,  the 
establishment  of  workshops,  and  the  development 
of  our  resources  of  coal  and  of  iron.  Some  legis 
lation  seems  essential  for  securing  crews  for  ves 
sels.  The  difficulties  now  experienced  on  this 
point  are  fully  stated  in  the  Secretary's  report, 
and  I  invite  your  attention  to  providing  a  remedy. 
The  report  of  the  Post-Master  General  discloses 
the  embarrassments  which  resulted  in  the  postal 
service  from  the  occupation  by  the  enemy  of  the 
Mississippi  River,  and  portions  of  the  territory  of 
the  different  States.  The  measures  taken  by  the 
department  for  relieving  these  embarrassments, 
as  far  as  practicable,  are  detailed  in  the  report. 
It  is  a  subject  of  congratulation,  that,  during  the 
ten  months  which  ended  on  the  thirty-first  of 
March  last,  the  expenses  of  the  department  were 
largely  decreased,  whilst  its  revenue  was  augment 
ed,  as  compared  with  a  corresponding  period  end 
ing  on  the  thirtieth  June,  1860,  when  the  postal 
service  for  these  States  was  conducted  under  the 
authorit}^  delegated  to  the  United  States.  Suffi 
cient  time  has  not  yet  elapsed  to  determine 
whether  the  measures,  heretofore  devised  by 
Congress,  will  accomplish  the  end  of  bringing 
the  expenditures  of  the  department  within  the 
limits  of  its  own  revenues  by  the  first  of  March 
next,  as  required  by  the  Constitution. 

I  am  happy  to  inform  you  that,  in  spite  both 
of  blandishments  and  threats,  used  in  profusion 
by  the  agents  of  the  government  of  the  United 
States,  the  Indian  nations  within  the  Confederacy 
have  remained  firm  in  their  loyalty,  and  steadfast 
n  the  observance  of  their  treaty  engagements 
with  this  government.  Nor  has  their  fidelity 
been  shaken  by  the  fact  that,  owing  to  the  vacan 
cies  in  some  of  the  offices  of  agents  and  superin 
tendents,  delay  has  occurred  in  the  payments  of 
the  annuities  and  allowances  to  which  they  are 
entitled.  I  would  advise  some  provision  author- 
zing  payments  to  be  made  by  other  officers,  in 
;he  absence  of  those  especially  charged  by  law 
with  this  duty. 

We  have  never-ceasing  cause  to  be  grateful  for 
;he  favor  with  which  God  has  protected  our  in- 
ant  Confederacy.  And  it  becomes  us  reverently 
;o  return  our  thanks  and  humbly  to  ask  of  his 
bounteousness  that  wisdom  which  is  needful  for 
he  performance  of  the  high  trusts  with  which 
we  are  charged.  JEFFERSON  DAVIS. 

RICHMOND,  August  18, 1862. 


Doc.  62. 
SOUTHERN  CIVILIZATION. 

MR.    COLLIER'S    JOINT    RESOLUTION. 

IN  the  Virginia  Senate,  on  the  fifteenth  of  May, 
862,  Mr.  Collier  submitted  the  following : 

The  General  Assembly  of  Virginia  doth  hereby 
declare,  That  negroes  in  slavery  in  this  State  and 
,he  whole  South,  (who  are,  withal,  in  a  higher 
condition  of  civilization  than  any  of  their  race 
as  ever  been  elsewhere.)  having  been  a  property 
n  their  masters  for  two  hundred  and  forty  years, 


356 


REBELLION"  RECORD,  1862-63. 


by  use  and  custom  at  first,  and  ever  since  by 
recognition  of  the  public  la\v  in  various  forms, 
ought  not  to  be,  and  cannot  justly  be,  interfered 
with  in  that  relation  of  property,  by  the  States, 
neither  by  the  people  in  Convention  assembled 
to  alter  an  existing  Constitution,  or  to  form  one 
for  admission  into  the  Confederacy,  nor  by  the 
representatives  of  the  people  in  the  State  or  the 
confederate  Legislature,  nor  by  any  means  or 
mode  which  the  popular  majority  might  adopt, 
and  that  the  State,  whilst  remaining  republican 
in  the  structure  of  its  government,  can  lawfully 
get  rid  of  that  species  of  property,  if  ever,  only 
by  the  free  consent  of  the  individual  owners,  it 
being  true,  as  the  General  Assembly  doth  further 
declare,  that  for  the  State,  without  the  free  con 
sent  of  the  owner,  to  deprive  him  of  his  identi 
cal  property,  by  compelling  him  to  accept  a  sub 
stituted  value  thereof,  no  matter  how  ascertained, 
or  by  the  post  nali  policy,  or  in  any  other  way 
not  for  the  public  use,  but  with  a  view  to  rid  the 
State  of  such  property  already  resident  therein, 
and  so  to  destroy  the  right  of  property  in  the 
subject,  or  to  constrain  the  owner  to  send  his 
slaves  out  of  the  State,  or  else  to  expatriate  him 
self  and  carry  them  with  him,  would  contravene 
and  frustrate  the  indispensable  principles  of  the 
government  ;  and,  whereas,  these  confederate 
States  being  now  all  slaveholding,  may  be  dis 
turbed  by  some  act  of  the  majority,  in  any  one  of 
them,  in  derogation  of  the  rights  of  the  minority, 
unless  this  doctrine  above  declared  be  interposed ; 
therefore, 

Resolved,  ~by  the  General  Assembly  of  Virginia, 
That  the  Governor  of  Virginia  be,  and  he  is  here 
by  requested  to  communicate  this  proceeding  to 
the  several  Governors  of  the  confederate  States, 
and  to  request  them  to  lay  the  same  before  their 
respective  Legislatures,  and  to  request  their  con 
currence  therein  in  such  way  as  they  may  seve 
rally  deem  best  calculated  to  secure  stability  to 
the  fundamental  doctrine  of  Southern  civiliza 
tion,  which  is  hereby  declared  and  proposed  to 
be  advanced. 


Doc.  63. 
THE   WHITE   HOUSE,  VA. 

GENERAL  McCLELLAN'S    OFFICIAL    EXPLANATION. 

SECRETARY  Stanton  laid  before  Congress,  in  an 
swer  to  the  resolution  of  inquiry  of  the  House 
of  Representatives,  the  full  correspondence  in 
relation  to  the  occupation  of  White  House,  Vir 
ginia.  The  following  official  explanation  from 
General  McClellan  discusses  the  whole  question : 

HEADQCARTKRS    ARMY    OF   THE    POTOMAC,        | 

CAMP  LINCOLN,  VIRGINIA,  June  22,  1862.  j" 

SIR  :  On  the  seventh  instant  I  received  a  tele- 
g»-am  from  you,  a  copy  of  which  I  here  insert. 

[Telegram.] 

WASHINGTON,  12.30  P.M.,  June  T,  1862. 
Very  urgent  complaints  are  being  made  from 
various  quarters  respecting  the  protection  afford 
ed  to  the  rebel  General  Lee's  property,  called  the 
White  House,  instead  of  using  it  as  a  hospital 


for  the  care  of  wounded  soldiers  It  is  repre 
sented  that  they  have  even  to  purchase  a  glass 
of  water  for  thirsty,  wounded  and  suffering  sol 
diers.  It  seems  to  me  that  the  necessities  of 
our  suffering  soldiers  require  that  this  property 
should  be  devoted  to  their  use  rather  than  be 
protected  for  rebel  officers  by  whose  arms  our 
troops  have  fallen.  I  hope  you  will  give  an  or 
der  to  that  effect.  EDWIN  M.  STANTON, 

Secretary  of  War. 

To  this  I  replied  on  the  same  day  as  follows : 

[Telegram.] 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  | 
June  7,  1862.  f 

Honora'ble  E.  M.  Stanton,  Secretary  of  War : 

Your  despatch  of  half-past  twelve  P.M.  to-day 
received,  and  I  must  confess  that  its  contents 
have  not  only  struck  me  with  astonishment,  but 
have  given  me  much  pain.  The  care  of  our  sick 
and  wounded  has  tasked  the  unremitted  energies 
of  the  whole  medical  corps  in  this  army,  as  well 
as  occupied  a  great  share  of  my  attention  from 
other  important  duties,  and  I  feel  conscious  that 
every  thing  has  been  done  for  their  comfort  that 
human  efforts  could  accomplish. 

The  White  House  of  the  rebel  General  Lee, 
referred  to,  is  a  small  frame  building  of  six  rooms, 
worth  probably  one  thousand  five  hundred  dol 
lars,  and  the  Medical  Director  states  that  it  would 
not  accommodate  more  than  thirty  patients.  He 
has  tents  where  the  patients  are  comfortable,  and 
he  has,  therefore,  never  conceived  it  necessary  to 
call  for  the  use  of  the  house  as  a  hospital. 

As  to  the  story  about  the  thirsty,  wounded, 
suffering  soldiers  having  to  buy  a  glass  of  water, 
its  only  foundation  probably  originated  in  the 
fact  that  some  civilian,  who  was  too  indolent  to 
go  for  the  water  himself,  may  have  paid  a  negro 
for  bringing  it  to  him. 

The  following  extract  from  a  despatch  just 
received  from  Colonel  Rufus  Tngalls,  the  Chief 
Quartermaster  in  charge  at  White  House,  will 
give  you  some  light  upon  this  subject,  and  per 
haps  satisfy  you  as  to  the  motives  of  the  indi 
viduals  who  make  the  urgent  complaints  in  ques 
tion  :  u  No  one  here  has  ever  had  cause  to  suffer 
for  water,  unless,  he  was  too  drunk  or  sick  to 
drink  it.  We  have  water  in  unnecessary  abun 
dance.  The  springs  are  numerous,  the  water  is 
very  fine,  and  no  prohibition  has  ever  been  placed 
on  the  free  and  unlimited  use  of  it.  The  author 
of  this  report  to  the  contrary  must  be  a  simple 
ton  or  a  malicious  knave." 

I  have  given  special  directions  to  protect  the 
property  of  the  White  House  from  any  unneces 
sary  injury  or  destruction  because  it  was  once 
the  property  of  General  Washington,  and  I  can 
not  believe  that  you  will  regard  this  as  a  cause 
for  rebuke  or  censure.  I  protect  no  houses  against 
use  when  they  are  needed  for  sick  or  wounded 
soldiers.  Persons  who  endeavor  to  impose  upon 
you  such  malicious  and  unfounded  reports  as 
those  alluded  to  are  not  only  enemies  to  this  army, 
but  to  the  cause  in  which  we  are  now  fighting. 
GEORGE  B.  MCCLELLAN, 

•  Major-General, 


DOCUMENTS. 


357 


In  answer  to  which  I  received  the  following : 

[Telegram.] 

WASHINGTON,  8th. 

MAJOR-GENERAL  McCLELLAN :  My  despatch 
to  you  in  relation  to  the  White  House,  was  to 
inform  you  that  representations  were  made  here 
concerning  the  matter  by  persons  who  profess  to 
speak  from  personal  knowledge,  and  also  by 
letters,  in  order  that  your  attention  might  be 
directed  to  it,  and  all  grounds  of  complaint  re 
moved,  if  any  exist.  I  am  glad  that  your  expla 
nation  will  enable  me  to  correct  this  misrepre 
sentation.  Neither  you  nor  I  can  hope  to  correct 
all  such  stories,  but  so  far  as  it  is  in  my  power, 
I  shall  labor  to  do  so.  EDWIN  M.  STANTON, 

Secretary  of  War. 

I  remained  under  the  impression  that  the  mat 
ter  was  disposed  of  to  your  entire  satisfaction, 
until  I  received  a  communication  from  the 
Assistant  Secretary  of  War,  under  date  of  the 
sixteenth  instant,  inclosing  a  copy  of  a  commu 
nication  from  the  Surgeon-General  to  the  War 
Department,  bearing  your  indorsement,  recom 
mending  that  I  should  make  the  order  therein 
requested.  I  insert  copies  of  both,  that  the 
subject  may  be  better  understood: 

WAR  DEPARTMENT,  ) 

WASHINGTON  CITY,  D.  C.,  June  16, 1862.  J 

SIR:  The  Secretary  of  War  directs  me  to 
forward  to  you  the  inclosed  copy  of  a  communi 
cation  of  this  date,  just  received  from  the  Sur 
geon-General,  requesting  that  the  White  House 
grounds  may  be  turned  over  to  the  medical  au 
thorities,  for  hospital  purposes,  with  the  recom 
mendation  which  the  Secretary  has  indorsed 
thereon,  and  to  call  your  early  attention  to  the 
same.  Very  respectful^,  your  obedient  servant, 
C.  P.  WOLCOTT, 

Assistant  Secretary  of  War. 

Major-General  GEORGE  B.  MCCLELLAN, 

Commanding  Army  of  the  Potomac. 

SURGEON-GENERAL'S  OFFICE,         ) 
WASHINGTON  CITY,  D.  C.,  June  16,  1862.  ) 

SIR:  It  has  been  represented  to  me  by  re 
sponsible  gentlemen,  that  the  White  House  and 
the  inclosed  grounds  are  admirably  adapted  for 
hospital  purposes. 

The  water  used  by  the  sick,  at  present,  is 
very  bad  ;  that  on  the  White  House  grounds,  on 
the  contrary,  is  excellent.  The  location  is,  more 
over,  an  admirable  one  for  a  hospital  camp.  I 
have,  therefore,  respectfully  to  request  that  the 
House  and  grounds  may  be  turned  over  to  the 
medical  authorities. 

I  am,  sir,  very  respectfully,  your  obedient 
servant,  WM.  A.  HAMMOND, 

Surgeon-General. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

A  true  copy  from  the  original  on  file  in  this 
department.  C.  P.  WOLCOTT, 

Assistant  Secretary  of  War. 
War  Department,  June  16,  1862. 

On  the  recoct  of  the  foregoing  I  ordered  the 
chief  medical  officer  of  this  army  to  proceed  at 
once  to  White  House,  and  make  a  thorough  in 


vestigation  of  the  whole  matter,  and  I  here  insert 
a  copy  of  his  report : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  CAMP  LINCOLN,  | 
MEDICAL  DIRECTOR'S  OFFICE,  June  22,  1662.      J 

GENERAL  :  I  have  the  honor  to  report  that, 
in  obedience  to  your  instructions,  I  proceeded  to 
White  House  on  Friday  afternoon,  (twentieth,^ 
and  returned  yesterday. 

I  called  upon  Colonel  Ingalls,  and,  in  com 
pany  with  him,  examined  the  house  known  as 
the  White  House,  as  well  as  the  outbuildings, 
grounds,  and  spring. 

The  house  is  two  stories  in  height,  with  two 
small  rooms  on  each  floor,  with  a  very  small 
wing  at  each  end  on  the  lower  floor,  a  cellar 
under  the  main  building,  and  with  no  attic. 

The  four  rooms  in  the  main  building  can 
each  accommodate  live  patients  ;  one  of  the 
wings  can  accommodate  three  or  perhaps  four 
patients;  the  other  is  a  sort  of  pantry,  and  has 
on  one  side  the  opening  for  the  stairway  to  de 
scend  into  the  cellar.  This  room  is  unfit  for  any 
other  purpose  than  a  dispensary  or  kitchen. 
The  cellar  is  dark,  damp,  and  foul,  and,  in  my 
opinion,  should  of  itself  forbid  the  occupation  of 
the  house  as  a  hospital. 

The  greatest  number  of  sick  which  the  house 
can  accommodate  is,  then,  twenty-four,  leaving 
no  room  for  the  nurses.  The  outbuildings  are 
entirely  unfit  for  hospital  purposes. 

The  grounds  consist  of  a  lawn,  shaded  by 
locust  trees,  and  a  kitchen-garden.  The  lawn 
affords  room  for  about  twenty-five  hospital  tents. 

The  kitchen-garden  is  of  loose  soil,  parts  of 
it  rather  low,  and  in  wet  weather  would  be  mud 
dy  and  uncomfortable ;  by  ditching,  it  might  be 
drained. 

The  spring  is  at  the  foot  of  the  bank,  near 
the  dairy-house.  The  water  is  good,  similar  to 
that  of  the  other  springs  that  have  been  prepared 
for  the  use  of  the  men. 

The  supply  of  water  in  the  spring  within  the 
grounds  is  very  scanty.  The  hospital  steward 
told  me  he  had  abandoned  it  because  he  found  it 
required  two  hours  and  a  half  to  fill  a  barrel  of 
water.  The  spring  is  inaccessible  to  wagons.  It 
has  always  been  at  the  service  of  the  hospital. 
I  inclose  the  order  of  Colonel  Ingalls  to  that 
effect. 

If  this  house  were  used  for  hospital  pur 
poses,  it  could  only  be  made  available  for  the 
quarters  of  the  surgeons  attached,  and  for  a  dis 
pensary. 

The  sick  would  require  hospital  tents  upon 
the  lawn.  If  the  grounds  were  occupied  in  this 
way,  as  they  are  altogether  insufficient  for  the 
whole  establishment,  it  would  necessitate  the 
organization  of  a  separate  administration — sur 
geons,  cooks,  stewards,  etc. — an  expenditure  of 
personnel  that  we  cannot  very  well  afford. 

We  have  now  one  hundred  and  seventy  hos 
pital-tents  pitched  on  the  plantation,  well  arrang 
ed  and  well  policed  ;  the  camp  well  drained  ;  the 
administration  tents,  the  cooking  apparatus,  and 
the  subsistence  tents  centrally  located  and  con 
venient  for  all  parties.  Thirty-five  more  tents 


358 


REBELLION  RECORD,  1862-63. 


are  on  the  ground  and  are  being  pitched  as  the 
force  at  our  disposal  will  allow.  Sixty-five  ol 
these  tents  have  plank  floors.  The  remaining 
thirty-five  of  the  first  one  hundred  rec  eived 
would  have  been  floored  if  the  lumber  had  been 
on  hand. 

The  delay  in  receiving  this,  however,  has  de 
veloped  an  interesting  and  important  fact:  the 
mortality  in  the  floored  tents  has  been  very  sen 
sibly  greater  than  in  those  without  floors.  I 
have  directed  the  surgeon  in  charge  to  prepare 
tables,  showing  the  comparative  ratio  of  deaths 
in  the  two  classes  of  tents,  for  my  information. 
If  lumber  is  received,  I  will  suspend  the  flooring 
of  the  remaining  tents,  until  these  tables  can  be 
examined,  and  the  question  set  at  rest. 

I  must  remark  that,  although  the  whole  of 
the  tents  occupied  were  in  good  police,  and  an 
air  of  comfort  pervading  them,  still  those  with 
out  floors  were  decidedly  superior  in  these  re 
spects  to  the  others. 

In  relation  to  the  relative  advantages  of  hos 
pital-tents  and  buildings  for  hospital  purposes,  I 
think  that,  among  those  at  all  familiar  with  the 
subject,  there  is  but  one  opinion — that  the  tents 
arc  decidedly  the  best. 

Very  respectfully,  your  obedient  servant, 
CHARLES  S.  TRIPLER, 

Surgeon  and  Medical  Director,  Army  of  the  Potomac. 

General  R.  B.  MARCY, 

Chief  of  Staff. 

I  also  insert  a  communication  on  this  subject 
this  day  received  from  Dr.  E.  P.  Yollum,  Medi 
cal  Inspector,  who  upon  the  seventeenth  instant, 
received  an  order  from  the  Surgeon-General  to 
proceed  to  u  White  House  and  other  necessary 
points,  and  organize  a  system  for  the  more  effi 
cient  conduct  of  the  transportation  of  the  sick 
and  wounded  of  the  army  of  the  Potomac  to 
general  hospitals." 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
June  23,  1862.         f 

SIR  :  As  you  requested,  I  will  state  my  opin 
ion  of  the  amount  of  accommodation  of  the  White 
House,  Va.,  for  the  sick  and  wounded,  and  what 
I  know  of  the  supply  of  water  there  for  hospital 
purposes. 

The  AVhite  House  will  hold  about  twenty- 
five  beds,  with  scarcely  room  enough  for  the 
necessary  number  of  nurses  for  that  number. 
If  the  space  in  the  house  were  consumed  by  an 
apothecary  store,  rooms  for  medicines,  provisions, 
and  soldier's  effects  necessary  for  that  number 
of  beds,  the  place  would  be  excessively  crowded. 
In  this  calculation,  the  medical  officers  and  stew 
ard  would  have  to  quarter  outside. 

The  spring  in  front  of  the  White  House, 
near  the  water's  edge,  has  a  good  flow  of  water, 
but  not  enough  for  the  sick  under  Dr.  Watson's 
care,  near  that  place ;  in  consequence  of  which, 
he  sank  some  casks  near  by,  which  he  informed 
me  furnished  enough  water  of  good  quality. 

Very  respectfully,  your  obedient  servant, 
EDM.   P.  VOLLUM, 

Medical  Inspector  United  States  Army. 

Brigadier-General  S.  WILLIAMS, 

Adjutant- General  Army  of  the  Potomac. 


The  only  order  ever  given  by  me  in  regard  to 
this  property  was  that  on  the  sixteenth  of  May. 
I  directed  that  the  house  and  yard  should  not  be 
occupied  by  our  troops.  I  did  this  because  of 
the  associations  which  connect  the  premises  with 
the  earlier  life  of  him  whom  we  call  the  Father 
of  his  Country  ;  and  this  order,  with  the  reasor 
therefor,  was  at  once  telegraphed  to  youistif  in 
these  words : 

"  I  have  taken  every  precaution  to  secure  from 
injury  this  house  where  Washington  passed  the 
first  portion  of  his  married  life.  I  neither  occupy 
it  myself  nor  permit  others  to  occupy  it,  or  the 
grounds  in  immediate  vicinity." 

The  rest  of  the  property,  covering  several 
thousand  acres,  with  all  the  other  buildings, 
have  been  open  to  use  by  this  army.  I  believe 
that  the  only  complaint  made  in  reference  to 
the  order  given  by  me  is  the  assertion  that  the 
premises  should  have  been  used  for  hospital  pur 
poses. 

I  have  never  received  any  suggestion  from 
any  medical  officer  or  from  any  other  source  in 
this  arrny,  that  such  use  was  desirable,  and  on 
this  point  I  refer  you  to  the  report  of  the  Medical 
Director  and  the  statement  of  the  Medical  In 
spector. 

It  appears  that  there  is  a  spring  within  or 
near  the  inclosure,  of  which  my  first  knowledge 
was  derived  after  receipt  of  your  telegram  of 
the  seventh  instant.  As  to  the  character  of  this 
spring,  and  the  general  facilities  for  obtaining 
water  at  the  White  House,  I  refer  you  to  the 
statements  of  Colonel  Ingalls,  the  Medical  Di 
rector,  and  Medical  Inspector  hereinbefore  in 
serted. 

That  the  officer  in  charge  there  may,  how 
ever,  be  protected  against  misrepresentation,  I 
here  insert  a  copy  of  a  written  order  issued  by 
him  on  the  twenty-first  of  May  on  this  very  sub 
ject  : 

OFFICE  OF  QUARTERMASTER,          | 
WHITE  HOUSE,  VA.,  May  21,  1862.  (" 

The  guards  and  sentinels  around  the  White 
House  will  allow  the  carts  and  wagons  used  for 
hospital  purposes  to  have  access  at  all  times  to 
the  water  within  the  inclosure. 

RUFUS  INOALLS, 

Lieutenant-Colonel,  Aid-de-Camp,  and  Quartermaster 

U.  S.  Army. 

It  is  scarcely  necessary  for  me  to  say  that 
where  springs  or  wells  are  in  the  vicinity  of  large 
bodies  of  troops,  commanders  often  find  it  neces 
sary  to  place  guards  over  them,  not  to  prohibit, 
but  to  protect  the  proper  use  of  the  water. 

Those  who  have  originated  the  false  state 
ments  concerning  this  house,  yard,  and  spring, 
are,  in  fact,  as  stated  in  my  despatch  of  the 
seventh  instant,  enemies  of  this  army,  and  of 
the  cause  in  which  it  is  fighting.  They  have 
imposed  upon  the  Surgeon-General,  and  caused 
him  to  make  official  representations,  which,  on 
xamination,  prove  to  be  unfounded  in  truth, 
and  which  are  disrespectful  to  his  superior  offi 
cer.  They  have  unnecessarily  occupied  the  at 
tention  of  the  Secretary  of  War,  and  have  inter- 


RICHARD    COB  DEIST,     M   ! 


DOCUMENTS. 


359 


rupted  the  Commander  and  the  Medical  Director 
of  this  army  in  the  midst  of  the  most  arduous 
duties. 

Under  the  circumstances,  I  conceive  that  I 
shall  best  discharge  my  duty  and  meet  your 
wishes  by  deferring  the  order  recommended  by 
you  until  this  statement  has  been  considered, 
and  some  specific  instruction  given  to  me,  unless 
the  Medical  Director  may  desire  to  make  such  use 
of  the  property. 

I  have  the  honor  to  be,  very  respectfully,  your 
obedient  servant, 

GEO.    B.    McCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 


Doc.  64. 
RETALIATION   BY   THE   REBELS. 

LETTER  FROM  JEFFERSON  DAVIS. 

RICHMOND,  VA.,  July  81, 1862. 

SIR  :  On  the  twenty-second  of  this  month  a 
cartel  for  the  general  exchange  of  prisoners  of 
war  was  signed  between  Major-General  D.  H. 
Hill,  in  behalf  of  the  confederate  States,  and  Ma 
jor-General  John  A.  Dix,  in  behalf  of  the  United 
States.  By  the  terms  of  this  cartel  it  is  stipulated 
that  all  prisoners  of  war  hereafter  taken  shall  be 
discharged  on  parole  till  exchanged. 

Scarcely  had  that  cartel  been  signed  when  the 
military  authorities  of  the  United  States  com 
menced  a  practice  changing  the  whole  character 
of  the  war  from  such  as  becomes  civilized  nations 
into  a  campaign  of  indiscriminate  robbery  and 
murder. 

The  general  order  issued  by  the  Secretary  of 
War  of  the  United  States,  in  the  city  of  Washing 
ton,  on  the  very  day  the  cartel  was  signed  in  Vir 
ginia,  directs  the  military  commanders  of  the 
United  States  to  take  the  private  property  of  our 
people  for  the  convenience  and  use  of  their  armies, 
without  compensation. 

The  general  order  issued  by  Major-General  Pope 
on  the  twenty-third  day  of  July,  the  day  after  the 
signing  of  the  cartel,  directs  the  murder  of  our 
peaceful  inhabitants  as  spies,  if  found  quietly  till 
ing  the  farms  in  his  rear,  even  outside  of  his 
lines  ;  and  one  of  his  Brigadier-Generals,  Stein- 
wehr,  has  seized  upon  innocent  and  peaceful  in 
habitants  to  be  held  as  hostages,  to  the  end  that 
they  may  be  murdered  in  cold  blood,  if  any  of 
his  soldiers  are  killed  by  some  unknown  persons 
whom  he  designates  as  "  bushwhackers." 

Under  this  state  of  facts  this  government  has 
issued  the  inclosed  general  order,  recognizing 
General  Pope  and  his  commissioned  officers  to  be 
in  the  position  which  they  have  chosen  for  them 
selves — that  of  robbers  and  murderers,  and  not 
that  of  public  enemies,  entitled,  if  captured,  to  be 
considered  as  prisoners  of  war. 

We  find  ourselves  driven  by  our  enemies  by 
steady  progress  toward  a  practice  which  we  abhor 
and  which  we  are  vainly  struggling  to  avoid. 

Some  of  the  military  authorities  of  the  United 


States  seem  to  suppose  that  better  success  will 
attend  a  savage  war  in  which  no  quarter  is  to  b« 
given,  and  no  age  or  sex  to  be  spared,  than  has 
hitherto  been  secured  by  such  hostilities  as  are 
alone  recognized  to  be  lawful  by  civilized  men  IL. 
modern  times. 

For  the  present  we  renounce  our  right  of  re 
taliation  on  the  innocent,  and  shall  cor"inue  to 
treat  the  private  enlisted  soldiers  of  General  Pope's 
army  as  prisoners  of  war,  but  if,  after  the  notice 
to  the  Government  at  Washington  of  our  confin 
ing  repressive  measures  to  the  punishment  only 
of  the  commissioned  officers  who  are  willing  par 
ticipants  in  these  crimes,  these  savage  practices 
are  continued,  we  shall  be  reluctantly  forced  to 
the  last  resort  of  accepting  the  war  on  the  terms 
observed  by  our  foes,  until  the  outraged  voice  of 
a  common  humanity  forces  a  respect  for  the  re 
cognized  rules  of  war. 

While  these  facts  would  justify  our  refusal  to 
execute  the  generous  cartel  by  which  we  have 
consented  to  liberate  an  excess  of  thousands  of 
prisoners  held  by  us  beyond  the  number  held  by 
the  enemy,  a  sacred  regard  to  plighted  faith, 
shrinking  from  the  mere  semblance  of  breaking 
a  promise,  prevents  our  resort  to  this  extremity. 

Nor  do  we  desire  to  extend  to  any  other  forces 
of  the  enemy  the  punishment  merited  alone  by 
General  Pope  and  the  commissioned  officers  who 
choose  to  participate  in  the  execution  of  his  in 
famous  orders. 

You  are  hereby  instructed  to  communicate  to 
the  Commander-in-Chief  of  the  United  States  the 
contents  of  this  letter,  and  a  copy  of  the  inclosed 
general  order,  to  the  end  that  he  may  be  notified 
of  our  intention  not  to  consider  the  officers  here 
after  captured  from  General  Pope's  army  as  pris 
oners  of  war. 

Very  respectfully  yours,  etc.,  i 

JEFFERSON  DAVIS.      t 

To  General  R.  LEE, 

Commanding. 

REBEL  GENERAL  ORDERS,   No.  54. 

ADJUTANT  AND  INSPECTOR  GENERAL'S  OFFICE,  ) 
RICHMOND,  August  1,  1S62.      f 

First.  The  following  orders  are  published  for 
the  information  and  observance  of  all  concerned. 

Second.  Whereas,  by  a  general  order  dated  the 
twenty-second  of  July,  1862,  issued  by  the  Sec 
retary  of  War  of  the  United  States,  under  the 
order  of  the  President  of  the  United  States,  the 
military  commanders  of  that  Government  within 
;he  States  of  Virginia,  South-Carolina,  Georgia, 
Florida,  Alabama,  Mississippi,  Louisiana,  Texas, 
and  Arkansas  are  directed  to  seize  and  use  any 
property,  real  or  personal,  belonging  to  the  iii- 
labitants  of  this  Confederacy,  which  may  be  ne 
cessary  or  convenient  for  their  several  commands, 
ind  no  provision  is  made  for  any  compensation 
;o  the  owners  of  private  property  thus  seized  and 
ippropriated  by  the  military  commands  of  the 
jnemy. 

Third.  And  whereas,  by  General  Order  No.  11, 
ssued  by  Major-General  Pope,  commanding  the 
brces  of  the  enemy  in  Northern  Virginia,  it  is  or 
dered  that  all  commanders  of  any  army  corps,  di- 


360 


REBELLION"  RECORD,  1862-63. 


visions,  brigades,  and  detached  commands,  will 
proceed  immediately  to  arrest  all  disloyal  male 
citizens  within  their  lines  or  within  their  reach  in 
the  rear  of  their  respective  commands.  Such  as 
are  willing  to  take  the  oath  of  allegiance  to  the 
United  States,  and  shall  furnish  sufficient  secur 
ity  for  its  observance,  will  be  permitted  to  remain 
in  their  houses,  and  pursue  in  good  faith  their  ac 
customed  avocations  ;  those  who  refuse  shall  be 
conducted  South  beyond  the  extreme  pickets  of 
the  army,  and  be  notified  that  if  found  again  any 
where  within  our  lines,  or  at  any  place  in  the 
rear,  they  will  be  considered  spies  and  subjected 
to  the  extreme  rigor  of  military  law.  If  any  per 
son,  having  taken  the  oath  of  allegiance  as  above 
specified,  be  found  to  have  violated  it,  he  shall  be 
shot,  and  his  property  seized  and  applied  to  the 
public  use. 

Fourth.  And  whereas,  by  an  order  issued  on 
the  thirteenth  of  July,  1862,  by  Brigadier-Gen 
eral  A.  Steinwehr,  Major  William  Steadman,  a 
cavalry  officer  of  his  brigade,  has  been  ordered 
to  arrest  five  of  the  most  prominent  citizens  of 
Page  County,  Virginia,  to  be  held  as  hostages, 
and  to  suffer  death  in  the  event  of  any  of  the 
soldiers  of  said  Steinwehr  being  shot  by  bush 
whackers,  by  which  term  are  meant  the  citizens 
of  this  Confederacy  who  have  taken  up  arms  to 
defend  their  lives  and  families. 

Fifth.  And  whereas  it  results  from  the  above 
orders  that  some  of  the  military  authorities  of 
the  United  States,  not  content  with  the  unjust 
and  aggressive  warfare  hitherto  waged  with 
savage  cruelty  against  an  unoffending  people, 
and  exasperated  by  the  failure  of  their  efforts  to 
subjugate  them,  have  now  determined  to  violate 
all  the  rules  and  usages  of  war,  and  to  convert 
the  hostilities,  hitherto  waged  against  armed 
forces,  into  a  campaign  of  robbery  and  murder 
against  innocent  citizens  and  peaceful  tillers  of 
the  soil. 

Sixth.  And  whereas  this  government,  bound 
by  the  highest  obligations  of  duty  to  its  citizens, 
is  thus  driven  to  the  necessity  of  adopting  such 
just  measures  of  retribution  and  retaliation  as 
shall  seem  adequate  to  repress  and  punish  these 
barbarities.  And  whereas  the  orders  above  re 
cited  have  only  been  published  and  made  known 
to  this  government  since  the  signature  of  a  cartel 
for  the  exchange  of  prisoners  of  war,  which  car 
tel,  in  so  far  as  it  provides  for  an  exchange  of 
prisoners  hereafter  captured,  would  never  have 
been  signed  or  agreed  to  by  this  government,  if 
the  intention  to  change  the  war  into  a  system  of 
indiscriminate  murder  and  robbery  had  been 
made  known  to  it.  And  whereas  a  just  regard 
to  humanity  forbids  that  the  repression  of  crime, 
which  this  government  is  thus  compelled  to  en 
force,  should  be  unnecessarily  extended  to  re 
taliation  on  the  enlisted  men  in  the  arrny  of  the 
United  States  who  may  be  unwilling  instruments 
of  the  savage  cruelty  of  their  commanders,  so 
long  as  there  is  hope  that  the  excesses  of  the  en 
emy  may  be  checked  or  prevented  by  retribution 
on  the  commissioned  officers,  who  have  the  pow 
er  to  avoid  guilty  action  by  refusing  service  un 


der  a  Government  which  seeks  their  aid  in  the 
perpetration  of  such  infamous  barbarities. 

Seventh.  Therefore  it  is  ordered  that  Major- 
General  Pope,  Brigadier-General  Steinwehr,  and 
all  commissioned  officers  serving  under  their  re 
spective  commands,  be  and  they  are  hereby  ex 
pressly  and  especially  declared  to  be  not  entitled 
to  be  considered  as  soldiers,  and  therefore  not 
entitled  to  the  benefit  of  the  cartel  for  the  parolo 
of  future  prisoners  of  war. 

Ordered,,  further,  That  in  the  event  of  the  cap 
ture  of  Major-General  Pope  or  Brigadier-General 
Steinwehr,  or  of  any  commissioned  officer  serving 
under  them,  the  captive  so  taken  shall  be  held  in 
close  confinement,  so  long  as  the  orders  herein 
expressed  shall  continue  in  force,  and  until  re 
pealed  by  the  competent  military  authorities  of 
the  United  States,  and  that  in  the  event  of  the 
murder  of  any  unarmed  citizen  or  inhabitant  of 
this  Confederacy,  by  virtue  or  under  the  pre 
text  of  any  of  the  orders  hereinbefore  recited, 
whether  with  or  without  trial,  whether  un 
der  the  pretence  of  such  citizen  being  a  spy  or 
hostage,  or  any  other  pretence,  it  shall  be  the 
duty  of  the  commanding  general  of  the  forces  of 
this  Confederacy  to  cause  immediately  to  be 
hung,  out  of  the  commissioned  officers  prisoners 
as  aforesaid,  a  number  equal  to  the  number  of 
our  own  citizens  thus  murdered  by  the  enemy. 
By  order.  S.  COOPER, 

Adjutant  and  Inspector-General. 

Doc.  65. 
THE  CONFISCATION  BILL. 

MESSAGE    PROM    PRESIDENT    LINCOLN. 

Fellow- Citizens  of  the  Senate  and  House  of  Rep 
resentatives  : 

CONSIDERING  the  bill  for  an  act  to  suppress  in 
surrection,  to  punish  treason  and  rebellion,  to 
seize  and  confiscate  the  property  of  rebels  and  for 
other  purposes,  and  the  joint  resolution  explana 
tory  of  said  act  as  being  substantially  one,  I  have 
approved  and  signed  both. 

Before  I  was  informed  of  the  passage  of  the 
resolution,  I  had  prepared  the  draft  of  a  message 
stating  objections  to  the  bill  becoming  a  law,  a 
copy  of  which  draft  is  herewith  transmitted. 

ABRAHAM  LINCOLN. 

July  17,  1862. 

Fellow  Citizens  of  the  House  of  Representatives : 
I  herewith  return  to  your  honorable  body,  in 
which  it  originated,  the  bill  for  an  act  entitled  an 
act  to  suppress  treason  and  rebellion,  to  seize  and 
confiscate  the  property  of  rebels,  and  for  other 
purposes,  together  with  my  objections  to  its  be 
coming  a  law. 

There  is  much  in  the  bill  to  which  I  perceive 
no  objection.  It  is  wholly  prospective,  and  it 
touches  neither  the  person  or  property  of  any 
loyal  citizen — in  which  particular  it  is  just  and 
proper. 

The  first  and  second  sections  provide  for  the 
conviction  and  punishment  of  persons  who  shall 


DOCUMENTS. 


361 


be  guilty  of  treason,  and  the  persons  who  shall 
incite,  set  on  foot,  assist  or  engage  in  any  rebel 
lion  or  insurrection  against  the  authority  of  the 
United  States,  or  the  laws  thereof ;  or  shall  give 
aid  or  comfort  to  any  such  existing  rebellion  or 
insurrection. 

By  fair  construction  the  persons  within  these 
sections  are  not  to  be  punished  without  regular 
trials  in  duiy  constituted  courts  under  the  forms 
and  all  the  substantial  provisions  of  law  and  of 
the  Constitution  applicable  to  their  several  cases. 
To  this  I  perceive  no  objection,  especially  as  such 
persons  would  be  within  the  general  pardoning 
power,  and  also  within  the  special  provision  for 
pardon  and  amnesty  contained  in  this  act.  It 
also  provides  that  the  slaves  of  persons  confis 
cated  under  these  sections  shall  be  free.  I  think 
there  is  an  unfortunate  form  of  expression  rather 
than  a  substantial  objection  in  this.  It  is  start 
ling  to  say  that  Congress  can  free  a  slave  within 
a  State,  and  yet  were  it  said  that  the  ownership 
of  a  slave  had  first  been  transferred  to  the  nation, 
and  that  Congress  had  then  liberated  him,  the 
difficulty  would  vanish,  and  this  is  the  real  case. 
The  traitor  against  the  General  Government  for 
feits  his  slave  at  least  as  justly  as  he  does  any 
other  property,  and  he  forfeits  both  to  the  Gov 
ernment  against  which  he  offends. 

The  Government,  so  far  as  there  can  be  owner 
ship,  owns  the  forfeited  slaves,  and  the  question 
for  Congress  in  regard  to  them  is,  shall  they  be 
made  free,  or  sold  to  new  masters  ?  I  see  no  ob 
jection  to  Congress  deciding  in  advance  that  they 
shall  be  free.  To  the  high  honor  of  Kentucky,  as 
I  am  informed,  she  has  been  the  owner  of  some 
slaves  by  escheat,  and  has  sold  none,  but  liberated 
all.  I  hope  the  same  is  true  of  some  other  States. 
Indeed,  I  do  not  believe  it  would  be  physically 
possible  for  the  General  Government  to  return 
persons  so  circumstanced  to  actual  slavery.  I  be 
lieve  there  would  be  physical  resistance  to  it, 
which  would  never  be  turned  aside  by  argument, 
nor  driven  away  by  force.  In  this  view  of  it  I 
have  no  objection  to  this  feature  of  the  bill. 

Another  matter  valued  in  these  two  sections 
and  running  through  other  parts  of  the  act  will 
be  noticed  hereafter. 

I  perceive  no  objection  to  the  third  and  fourth 
sections.  So  far  as  I  wish  to  notice  the  fifth  and 
sixth  sections,  they  may  be  considered  together. 
That  the  enforcement  of  these  sections  would  do 
no  injustice  to  the  persons  embraced  within  them 
is  clear.  That  those  who  make  a  causeless  war 
should  be  compelled  to  pay  the  cost  of  it,  is  too 
obviously  just  to  be  called  in  question.  To  give 
Government  protection  to  the  property  of  persons 
who  have  abandoned  it,  and  gone  on  a  crusade  to 
overthrow  that  same  Government,  is  absurd,  if 
considered  in  the  mere  light  of  justice.  The  se 
verest  justice  may  not  always  be  the  best  policy. 
The  principle  of  seizing  and  appropriating  the 
property  of  the  persons  embraced  within  these 
sections  is  certainly  not  very  objectionable,  but 
a  justly  discriminating  application  of  it  would 
be  very  difficult,  and  to  a  great  extent  impossible, 
and  would  it  not  be  wise  to  place  a  power  of  re 


mission  somewhere,  so  that  these  persons  may 
know  that  they  have  something  to  save  by  de 
sisting  ? 

I  am  not  s  ire  whether  such  power  of  remission 
is  or  is  not  within  section  thirteen  without  a 
special  act  of  Congress.  I  think  our  military 
commanders,  when,  in  military  phrase,  they  are 
within  the  enemy's  country,  should  in  an  orderly 
manner  seize  and  keep  whatever  of  real  or  per 
sonal  property  may  be  necessary  or  convenient 
for  their  commands,  and  at  the  same  time  pre 
serve  in  some  way  the  evidence  of  what  they  do. 

What  I  have  said  in  regard  to  slaves  while  com 
menting  on  the  first  and  second  sections,  is  appli 
cable  to  the  ninth,  with  the  difference  that  no  pro 
vision  is  made  in  the  whole  act  for  determining 
whether  a  particular  individual  slave  does  or  does 
not  fall  within  the  class  defined  within  that  sec 
tion.  He  is  to  be  free  upon  certain  conditions, 
but  whether  these  conditions  do  or  do  not  per 
tain  to  him,  no  mode  of  ascertaining  is  provided. 
This  could  be  easily  supplied. 

To  the  tenth  section  I  make  no  objection.  The 
oath  therein  required  seems  to  be  proper,  and  the 
remainder  of  the  section  is  substantially  identical 
with  a  law  already  existing. 

The  eleventh  section  simply  assumes  to  confer 
discretionary  powers  upon  the  Executive  without 
the  law.  I  have  no  hesitation  to  go  as  far  in  the 
direction  indicated  as  I  may  at  any  time  deem 
expedient,  and  I  am  ready  to  say  now  I  think  it 
is  proper  for  our  military  commanders  to  employ 
as  laborers  as  many  persons  of  African  descent 
as  can  be  used  to  advantage. 

The  twelfth  and  thirteenth  sections  are  some 
thing  better — they  are  unobjectionable — and  the 
fourteenth  is  entirely  proper  if  all  other  parts  of 
the  act  shall  stand. 

That  to  which  I  chiefly  object  pervades  most 
parts  of  the  act,  but  more  distinctly  appears  in 
the  first,  second,  seventh,  and  eighth  sections. 
It  is  the  sum  of  those  provisions  which  results 
in  the  divesting  of  title  forever.  For  the  causes 
of  treason  —  the  ingredients  of  treason,  but 
amounting  to  the  full  crime — it  declares  forfeit 
ure  extending  beyond  the  lives  of  the  guilty  par 
ties,  whereas  the  Constitution  of  the  United 
States  declares  that  no  attainder  of  treason  shall 
work  corruption  of  blood  or  forfeiture,  except 
during  the  life  of  the  person  attainted.  True, 
there  is  to  be  no  formal  attainder  in  this  case, 
still  I  think  the  greater  punishment  cannot  be 
constitutionally  inflicted  in  a  different  form  for 
the  same  offence.  With  great  respect,  I  am  con 
strained  to  say  I  think  this  feature  of  the  act  is 
unconstitutional.  It  would  not  be  difficult  to 
modify  it. 

I  may  remark  that  the  provision  of  the  Consti 
tution,  put  in  language  borrowed  from  Great 
Britain,  applies  only  in  this  coui  try,  as  I  under 
stand,  to  real  estate. 

Again,  this  act,  by  proceedings  in  rem,  forfeits 
property  for  the  ingredients  of  treason  without  a 
conviction  of  the  supposed  criminal,  or  a  person 
al  hearing  given  him  in  any  proceeding.  That 
we  may  not  touch  property  lying  within  our 


362 


REBELLION  RECORD,  1862-03. 


reach  because  we  cannot  give  personal  notice  to 
an  owner  who  is  absent  endeavoring  to  destroy 
the  Government,  is  certainly  not  very  satisfactory 
Still  the  owner  may  not  be  thus  engaged,  and  ' 
think  a  reasonable  time  should  be  provided  for 
such  parties  to  appear  and  have  personal  hear 
ings.  Similar  provisions  are  not  uncommon  in 
connection  with  proceedings  in  rem. 

For  the  reasons  stated,  I  return  the  bill  to  the 
House,  in  which  it  originated. 


Doc.  66. 
REBEL   GUERRILLA  WARFARE. 

OFFICIAL  CORRESPONDENCE. 
SPOTTSWOOD  HOTEL,  RICHMOND,  YA.,  July  15. 

Hon.  George  W.  Randolph,  Secretary  of  War: 

SIR  :  I  respectfully  desire  to  know  from  you 
whether  the  several  partisan  corps  of  rangers, 
now  organized  or  that  may  be  organized  in  the 
several  States  of  the  Confederacy,  are  to  be  re 
garded  as  part  of  the  army  of  the  Confederacy, 
and  protected  by  the  government  as  such ;  and 
whether,  if  any  of  said  corps  are  captured  in 
battle,  or  otherwise,  while  in  the  line  of  their 
duty,  by  the  enemy,  this  government  will  claim 
for  them  the  same  treatment,  as  prisoners  of  war, 
which  is  now  exacted  for  prisoners  belonging  to 
our  provisional  army  ? 

Are  not  all  corps  of  partisan  rangers,  organ 
ized  by  your  authority,  emphatically  a  part  of 
the  confederate  army,  and  will  they  not  be  re 
garded  and  treated  as  such  ? 

I  consider  that  it  is  not  only  the  right,  but  the 
duty  of  every  loyal  citizen  of  the  confederate 
States  to  resist,  by  all  means  in  his  power,  even 
to  the  death,  if  necessary,  the  attempt  of  the 
enemy  in  a  body  or  singly  to  invade  his  domicile 
or  to  capture  his  person,  or  that  of  his  wife, 
child,  ward,  or  servant,  or  to  take  from  him 
against  his  will  any  of  his  property ;  and  if,  in 
making  such  a  resistance,  whether  armed  or  not, 
our  citizens  are  captured  by  such  invading  ene 
my,  have  they  not  the  right  to  demand  to  be 
treated  by  the  enemy  as  other  prisoners  of  war  ? 
and  will  not  this  government  exert  all  its  power, 
if  necessary,  to  the  end  that  its  citizens  are  thus 
protected  and  treated  ? 

This  is  a  war  waged  against  the  sovereignty  of 
the  several  States  of  the  Confederacy,  and  against 
the  lives,  liberty,  and  property  of  every  citizen 
yiptding  allegiance  to  the  States  and  government 
ot  their  choice,  in  which  they  reside.  Such  a 
war  has  no  parallel  in  the  history  of  Christian 
nations. 

I  respectfully  request  you  to  give  me  your 
opinions  on  the  several  points  in  this  letter,  in  a 
form  to  be  submitted  to  my  constituents,  to  en 
lighten  then  in  regard  to  the  extent  of  their 
rights  and  powers,  as  viewed  by  this  govern 
ment  ;  and  how  far  their  government  will  protect 
them  in  the  exercise  of  those  rights,  which,  to  an 
intelligent  freeman,  are  dearer  than  life  itself. 

Your  early  answer  is  respectfully  requested. 
With  great  resoect,         JOHN  B.  CLARKE. 


CONFEDERATB  STATES  OF  AMERICA,  WAR  DKPARTJIKNT,  f 

RICHMOND,  VA.,  July  16,  1862.  j 

Hon.  John  B.  Clarice,  C.  S.  Senate : 

SIR  :  I  have  the  honor  to  acknowledge  the  re 
ceipt  of  your  letter  of  the  fifteenth  instant,  and 
to  reply  that  partisan  rangers  are  a  part  of  the 
provisional  army  of  the  confederate  States,  sub 
ject  to  all  the  regulations  adopted  for  its  govern 
ment,  and  entitled  to  the  same  protection  as  pris 
oners  of  war.  Partisan  rangers  are  in  no  respect 
different  from  troops  of  the  line,  except  that  the^, 
are  not  brigaded,  and  are  employed  oftener  on 
detached  service.  They  require  stricter  disci 
pline  than  other  troops  to  make  them  efficient, 
and,  without  discipline,  they  become  a  terror  to 
their  friends,  and  are  contemptible  in  the  eyes  of 
the  enemy. 

With  reference  to  your  inquiry  as  to  the  pro 
tection  which  the  government  will  extend  to  pri 
vate  citizens  taken  in  hostile  acts  against  the 
enemy,  it  is  not  easy  to  lay  down  a  general  rule. 

War,  as  conducted  by  civilized  nations,  is  usual 
ly  a  contest  between  the  respective  governments 
of  the  belligerents,  and  private  individuals,  re 
maining  quietly  at  home,  are  respected  in  their 
rights  of  person  and  property.  In  return  for 
this  privilege,  they  are  expected  to  take  no  part 
in  hostilities,  unless  called  on  by  their  govern 
ment. 

If,  however,  in  violation  of  this  usage,  private 
citizens  of  Missouri  should  be  oppressed  and  mal 
treated  by  the  public  enemy,  they  have  unques 
tionably  a  right  to  take  up  arms  in  their  own  de 
fence  ;  and  if  captured  and  confined  by  the  enemy 
under  such  circumstances,  they  are  entitled,  as 
citizens  of  the  confederate  States,  to  all  the  pro 
tection  which  that  government  can  afford ;  and 
among  the  measures  to  which  it  may  be  useful 
to  resort  is  that  of  the  lex  talionis. 

We  shall  deplore  the  necessity  of  retaliation, 
as  adding  greatly  to  the  miseries  of  the  war, 
without  advancing  its  objects  ;  and,  therefore,  wo 
shall  act  with  great  circumspection,  and  only 
upon  facts  clearly  ascertained.  But  if  it  is  our 
only  means  of  compelling  the  observance  of  the 
usages  of  civilized  warfare,  we  cannot  hesitate  to 
resort  to  it  when  the  proper  time  arrives. 
Very  respectfully,  your  obed't  servant, 

GEORGE  W.  RANDOLPH, 

Secretary  of  War. 

Doc.  67. 
SPEECH   OF  ROBERT   TOOMBS, 

DELIVERED    BEFORE    THE    LEGISLATURE  OF  GEORGIA, 
NOVEMBER,    I860.* 

GENTLEMEN  OF  THE  GENERAL  ASSEMBLY:  I  very 
much  regret,  in  appearing  before  you  at  your  re 
quest,  to  address  you  on  the  present  st  ite  of  the 

ountry,  and  the  prospect  before  us,  that  I  can 
bring  you  no  good  tidings.  The  stern,  steady 
narch  of  events  has  brought  us  in  conflict  with 

ur  non-slaveholding  confederates  upon  the  fun 
damental  principles  of  our  compact  of  Union. 

See  Speech  of  Alexander  H.  Stephens,  Nov.  14,  I860,  R.  R.  VoL  L 


DOCUMENTS 


363 


We  have  not  sought  this  conflict;  we  have  sought 
too  long  to  avoid  it ;  our  forbearance  has  been 
construed  into  weakness,  our  magnanimity  into 
fear,  until  the  vindication  of  our  manhood,  as 
well  as  the  defence  of  our  rights,  is  required  at 
our  hands.  The  door  of  conciliation  and  compro 
mise  is  finally  closed  by  our  adversaries,  and  it 
remains  only  to  us  to  meet  the  conflict  with  the 
dignity  and  firmness  of  men  worthy  of  freedom. 
We  need  no  declaration  of  independence.  Above 
eighty-four  years  ago  our  fathers  won  that  by 
the  sword  from  Great  Britain,  and  above  seventy 
years  ago  Georgia,  with  the  twelve  other  confed 
erates,  as  free,  sovereign,  and  independent  States, 
having  perfect  governments  already  in  existence, 
for  purposes  and  objects  clearly  expressed,  and 
with  powers  clearly  defined,  erected  a  common 
agent  for  the  attainment  of  these  purposes  by  the 
exercise  of  those  powers,  and  called  this  agent 
the  United  States  of  America. 

The  basis,  the  corner-stone  of  this  Government, 
was  the  perfect  equality  of  the  free,  sovereign, 
and  independent  States  which  made  it.  They 
were  unequal  in  population,  wealth,  and  territo 
rial  extent — they  had  great  diversities  of  interests, 
pursuits,  institutions,  and  laws;  but  they  had 
common  interests,  mainly  exterior,  which  they 
proposed  to  protect  by  this  common  agent  —  a 
constitutional  united  government  —  without  in 
any  degree  subjecting  their  inequalities  and  di 
versities  to  Federal  control  or  action.  Peace 
and  commerce  with  foreign  nations  could  be  more 
effectually  and  cheaply  cultivated  by  a  common 
agent ;  therefore  they  gave  the  Federal  Govern 
ment  the  sole  management  of  our  relations  with 
foreign  governments.  The  conflicts  of  interests 
and  the  passions  of  rulers  and  people  bring  wars — 
their  effectual  prosecution  and  the  common  de 
fence  could  be  more  certainly  and  cheaply  attain 
ed  by  putting  the  power  of  each  under  the  con 
trol  of  a  common  agent ;  hence  the  power  of  peace 
and  war  was  given  to  the  Government.  These 
powers  made  armies,  navies,  and  foreign  agents 
necessary — these  could  only  be  maintained  by  a 
common  treasury.  Besides,  we  had  a  large  debt, 
contracted  at  home  and  abroad  in  our  War  of  In 
dependence  ;  therefore  the  great  power  of  taxation 
was  conferred  upon  this  Government.  Conflict 
ing  commercial  regulations  of  the  different  States 
shackled  and  diminished  both  foreign  and  domes- 
oc  trade  ;  hence  the  power  to  regulate  commerce 
was  conferred.  We  had  a  large  common  domain, 
already  added  by  the  several  States  for  the  com 
mon  benefit  of  all ;  purchase  and  war  might  make 
large  additions  to  this  common  domain ;  hence 
the  power  over  existing  and  future  territories, 
with  the  stipulation  to  admit  new  States,  was 
conferred.  Being  independent  States,  in  such 
close  proximity,  acts  seriously  affecting  the  tran 
quillity  of  some  might  be  done  by  others ;  fugitives 
from  labor  and  justice  in  one  might  seek  sanctu 
ary  in  others,  producing  strife,  and  bloodshed, 
and  insecurity ;  therefore  the  power  was  confer 
red  in  the  common  agent,  and  the  duty  imposed 
by  the  compact  upon  each  confederate  to  remedy 
these  evils.  These  were  the  main  objects  for 


forming  the  Federal  Government ;  the  powers  it 
possesses  were  conferred  chiefly  with  the  view  of 
securing  them.  How  have  these  great  duties 
been  discharged  by  the  Federal  Government  and 
by  our  confederates  ? 

The  Executive  Department  of  the  Federal  Gov 
ernment,  for  forty-eight  out  of  the  first  sixty  years 
under  the  present  Constitution,  was  in  the  hands 
of  Southern  Presidents,  and  so  just,  fair,  and 
equitable,  constitutional  and  advantageous  to  the 
country  was  the  policy  which  they  pursued,  that 
their  policy  and  administrations  were  generally 
maintained  by  the  people.  Certainly  there  was 
no  just  cause  of  complaint  from  the  Northern 
States— no  advantage  was  ever  sought  or  obtain 
ed  by  them  for  their  section  of  the  Republic. 
They  never  sought  to  use  a  single  one  of  the  pow 
ers  of  the  Government  for  the  advancement  of 
the  local  or  peculiar  interests  of  the  South,  and 
they  all  left  office  without  leaving  a  single  law  on 
the  statute-book  where  repeal  would  have  affected 
injuriously  a  single  industrial  pursuit,  or  the 
business  of  a  single  human  being  in  the  South. 
But  on  the  contrary,  they  had  acquiesced  in  the 
adoption  of  a  policy  in  the  highest  degree  benefi 
cial  to  Northern  interests.  The  principles  and 
policy  of  these  Presidents  were  marked  by 
the  most  enlarged  and  comprehensive  statesman 
ship,  promoting  the  highest  interests  of  the  Re 
public.  They  enlarged  the  domains  of  commerce 
by  treaties  with  all  nations,  upon  the  great  prin 
ciple  of  equal  justice  to  all  nations,  and  special 
favors  to  none.  They  protected  commerce  and 
trade  with  an  efficient  navy  in  every  sea.  Mr. 
Jefferson  acquired  Louisiana,  extending  from  the 
Balize  to  the  British  possessions  on  the  north, 
and  from  the  Mississippi  to  the  Pacific  Ocean — 
a  country  larger  than  the  whole  United  States  at 
the  time  of  the  acknowledgment  of  their  indepen 
dence.  He  guaranteed  the  protection  of  the  Fed 
eral  Government  by  treaty  to  all  the  inhabitants 
of  the  purchased  territory,  in  their  lives,  liberties, 
property  and  religion  —  sanctioned  by  law  the 
right  of  all  the  people  of  the  United  States  to 
migrate  into  the  territory  with  all  of  their  pro 
perty  of  every  kind,  (expressly  including  slaves,) 
o  build  up  new  States,  and  to  come  into  the 
Union  with  such  constitutions  as  they  might 
choose  to  make.  Mr.  Madison  vindicated  the 
lonor  of  the  nation,  maintained  the  security  of 
commerce,  and  the  inviolability  of  the  persons  of 
our  sailors  by  the  war  of  1812.  Mr.  Monroe  ac 
quired  Florida  from  Spain,  extending  the  same 
guarantee  to  the  inhabitants  which  Mr.  Jefferson 
lad  to  those  of  Louisiana.  General  Jackson 
compelled  France,  and  other  nations  of  Europe, 
to  do  long  deferred  justice  to  our  plundered  mer 
chants.  Mr.  Tyler  acquired  Texas  by  voluntary 
compact,  and  Mr.  Polk  California  and  New-Mex- 
co  by  successful  war.  In  all  their  grand  addi- 
;ions  to  the  wealth  and  power  of  the  Republic, 
:hese  statesmen  neither  asked  nor  sought  any 
advantage  for  their  own  section  ;  they  admitted 
:hey  were  common  acquisitions,  purchased  by 
the  common  blood  and  treasure,  and  for  £he  com 
mon  benefit  of  the  people  of  the  Republic,  with* 


364 


REBELLION   RECORD,  1862-63. 


out  reference  to  locality  or  institutions.  Neither 
these  statesmen  nor  their  constituents  sought  in 
any  way  to  use  the  Government  for  the  interest 
of  themselves  or  their  section,  or  for  the  injury 
of  a  single  member  of  the  Confederacy.  We  can 
to-day  open  wide  the  history  of  their  administra- 
tions'and  point  with  pride  to  every  act,  and  chal 
lenge  the  world  to  point  out  a  single  act  stained 
with  injustice  to  the  North,  or  with  partiality  to 
their  own  section.  This  is  our  record ;  let  us  now 
examine  that  of  our  confederates. 

instant  the  Government  was  organized, 
at  the  very  first  Congress,  the  Northern  States 
evinced  a  general  desire  and  purpose  to  use  it  for 
their  own  benefit,  and  to  pervert  its  powers  for 
sectional  advantage,  and  they  have  steadily  pur 
sued  that  policy  to  this  day.  They  demanded  a 
monopoly  of  the  business  of  ship-building,  and 
got  a  prohibition  against  the  sale  of  foreign  ships 
to  citizens  of  the  United  States,  which  exists  to 
this  day. 

They  demanded  a  monopoly  of  the  coasting 
trade,  in  order  to  get  higher  freights  than  they 
could  get  in  open  competition  with  the  carriers 
of  the  world.  Congress  gave  it  to  them,  and 
they  yet  hold  this  monopoly.  And  now,  to-day, 
if  a  foreign  vessel  in  Savannah  offer  to  take  your 
rice,  cotton,  grain  or  lumber  to  New-York,  or  any 
other  American  port,  for  nothing,  your  laws  pro 
hibit  it,  in  order  that  Northern  ship-owners  may 
get  enhanced  prices  for  doing  your  carrying. 
This  same  shipping  interest,  with  cormorant  ra 
pacity,  have  steadily  burrowed  their  way  through 
your  legislative  halls,  until  they  have  saddled  the 
agricultural  classes  with  a  large  portion  of  the 
legitimate  expenses  of  their  own  business.  We 
pay  a  million  of  dollars  per  annum  for  the  lights 
which  guide  them  into  and  out  of  your  ports. 
We  built  and  kept  up,  at  the  cost  of  at  least  an 
other  million  a  year,  hospitals  for  their  sick  and 
disabled  seamen,  when  they  wear  them  out  and 
cast  them  ashore.  We  pay  half  a  million  per 
annum  to  support  and  bring  home  those  they 
cast  away  in  foreign  lands.  They  demand,  and 
have  received,  millions  of  the  public  money  to 
increase  the  safety  of  harbors,  and  lessen  the 
danger  of  navigating  our  rivers.  All  of  which 
expenses  legitimately  fall  upon  their  business, 
and  should  come  out  of  their  own  pockets,  in 
stead  of  a  common  treasury. 

Even  the  fishermen  of  Massachusetts  and  New- 
England  demand  and  receive  from  the  public 
treasury  about  half  a  million  of  dollars  per  an 
num  as  a  pure  bounty  on  their  business  of  catch 
ing  codfish.  The  North,  at  the  very  first  Con 
gress,  demanded  and  received  bounties  under  the 
name  of  protection,  for  every  trade,  craft,  and  call 
ing  which  they  pursue,  and  there  is  not  an  artisan 
in  brass,  or  iron,  or  wood,  or  weaver, or  spinner  in 
wool  or  cotton,  or  a  calico-maker,  or  iron-master, 
or  a  coal-owner,  in  all  of  the  Northern  or  Middle 
States,  who  has  not  received  what  he  calls  the 
protection  of  his  government  on  his  industry  to  ! 
the  extent  of  from  fifteen  to  two  hundred  per 
cent  from  the  year  1791  to  this  day.  They  will 
not  strike  a  blow,  or  stretch  a  muscle,  without 


bounties  from  the  government.  No  wonder  they 
cry  aloud  for  the  glorious  Union  ;  they  have  the 
same  reason  for  praising  it,  that  craftsmen  of 
Ephesus  had  for  shouting,  "  Great  is  Diana  of  the 
Ephesians,"  whom  all  Asia  and  the  world  wor 
shipped.  By  it  they  got  their  wealth  ;  by  it  they 
levy  tribute  on  honest  labor.  It  is  true  that  this 
policy  has  been  largely  sustained  by  the  South ; 
it  is  true  that  the  present  tariff  was  sustained  by 
an  almost  unanimous  vote  of  the  South ;  but  it 
was  a  reduction — a  reduction  necessary  from  the 
plethora  of  the  revenue;  but  the  policy  of  the 
North  soon  made  it  inadequate  to  meet  the  pub 
lic  expenditure,  by  an  enormous  and  profligate 
increase  of  the  public  expenditure ;  and  at  the 
last  session  of  Congress  they  brought  in  and 
passed  through  the  House  the  most  atrocious  tar 
iff  bill  that  ever  was  enacted,  raising  the  present 
duties  from  twenty  to  two  hundred  and  fifty  per 
cent  above  the  existing  rates  of  duty.  That  bill 
now  lies  on  the  table  of  the  Senate.  It  was  a 
master  stroke  of  abolition  policy ;  it  united  cu 
pidity  to  fanaticism,  and  thereby  made  a  combi 
nation  which  has  swept  the  country.  There  were 
thousands  of  protectionists  in  Pennsylvania,  New- 
Jersey,  New- York,  and  in  New-England,  who 
were  not  abolitionists.  There  were  thousands 
of  abolitionists  who  were  free  traders.  The  mon 
gers  brought  them  together  upon  a  mutual  sur 
render  of  their  principles.  The  free- trade  aboli 
tionists  became  protectionists  ;  the  non-abolition 
protectionists  became  abolitionists.  The  result 
of  this  coalition  was  the  infamous  Morrill  bill— 
the  robber  and  the  incendiary  struck  hands,  and 
united  in  joint  raid  against  the  South. 

Thus  stands  the  account  between  the  North 
and  the  South.  Under  its  ordinary  and  most 
favorable  action,  bounties  and  protection  to  every 
interest  and  every  pursuit  in  the  North,  to  the  ex 
tent  of  at  least  fifty  millions  per  annum,  besides 
the  expenditure  of  at  least  sixty  millions  out  of 
every  seventy  of  the  public  expenditure  among 
them,  thus  making  the  treasury  a  perpetual  fer 
tilizing  stream  to  them  and  their  industry,  and 
a  suction-pump  to  drain  away  our  substance  and 
parch  up  our  lands. 

With  these  vast  advantages,  ordinary  and  ex 
traordinary,  one  would  have  supposed  the  North 
would  have  been  content,  and  would  have  at  least 
respected  the  security  and  tranquillity  of  such 
obedient  and  profitable  brethren ;  but  such  is  not 
human  nature.  They  despised  the  patient  vic 
tims  of  their  avarice,  and  they  very  soon  began 
a  war  upon  our  political  rights  and  social  institu 
tions,  marked  by  every  act  of  perfidy  and  treach 
ery  which  could  add  a  darker  hue  to  such  a  war 
fare.  In  1820,  the  Northern  party,  (and  I.rnean 
by  that  term  now  and  whenever  else  it  is'used, 
or  its  equivalent,  in  these  remarks,  the  Anti-slave 
ry  or  Abolition  party  of  the  North,)  endeavored 
to  exclude  the  State  of  Missouri  from  admission 
into  the  Union,  because  she  chose  to  protect  Afri 
can  slavery  in  the  new  State.  In  the  House, 
where  they  had  a  majority,  they  rejected  her  ap 
plication,  and  a  struggle  ensued,  when  some  half 
a  dozen  of  Northern  men  gave  way,  and  admitted 


DOCUMENTS. 


365 


the  State,  but  upon  condition  of  the  exclusion 
of  slavery  from  all  that  country,  acquired  from 
France  by  the  treaty  of  1802,  lying  north  of  thir 
ty-six  degrees  thirty  minutes,  north  latitude,  and 
outside  of  the  State  of  Missouri.     This  act  of  ex 
clusion  violated  the  express   provisions  of  the 
treaty  of  1802,  to  which  the  National  faith  was 
pledged;  violated  the  well-settled  policy  of  the 
Government,  at  least  from  Adams's  administra 
tion  to  that  day,  and  has,  since  slavery  was  ad 
judicated  by  the  Supreme  Court  of  the  United 
States,  violated  the  Constitution  itself.     When 
we  acquired  California  and  New-Mexico  this  par 
ty,  scorning  all  compromises  and  all  concessions, 
demanded  that  slavery  should  be  forever  excluded 
from  them,  and  all  other  acquisitions  of  the  Re 
public,  either  by  purchase  or  conquest,  forever. 
This  position  of  this  Northern   party  brought 
about  the  troubles  of  1850,  and  the  political  ex 
citement  of  1854.     The  South  at  all  times  de 
manded  nothing  but  equality  in  the  common  ter 
ritories,  equal  enjoyment  of  them  with  their  prop 
erty,  to  that  extended  to  Northern  citizens  and 
their  property — nothing  more.     They  said,  we 
pay  our  part  in  all  the  blood  and  treasure  ex 
pended  in  their  acquisition.     Give  us  equality  of 
enjoyment,  equal  right  to  expansion  —  it  is  as 
necessary  to  our  prosperity  as  yours.     In  1790 
we  had  less  than  eight  hundred  thousand  slaves. 
Under  our  mild  and  humane  administration  of 
the  system  they  have  increased  above  four  mil 
lions.     The  country  has  expanded  to  meet  this 
E rowing  want,  and  Florida,  Alabama,  Mississippi, 
ouisiana,  Texas,  Arkansas,  Kentucky,  Tennes 
see,  and  Missouri,  have  received  this  increasing 
tide  of  African  labor ;  before  the  end  of  this  cen 
tury,  at  precisely  the  same  rate  of  increase,  the 
Africans  among  us  in  a  subordinate  condition 
will  amount  to  eleven  millions  of  persons.     What 
shall  be  done  with  them  ?     We  must  expand  or 
perish.     We  are  constrained   by  an  inexorable 
necessity  to  accept  expansion  or  extermination. 
Those  who  tell  you  that  the  territorial  question 
is  an  abstraction,  that  you  can  never  colonize  an 
other  territory  without  the  African  slave-trade, 
are  both  deaf  and  blind  to  the  history  of  the  last 
sixty  years.     All  just  reasoning,  all  past  history, 
condemn  the  fallacy.     The  North  understand  it 
better — they  have  told  us  for  twenty  years  that 
their  object  was  to  pen  up  slavery  within  its  pres 
ent  limits  —  surround  it  with  a  border  of  free 
States,  and  like  the  scorpion  surrounded  with 
fire,  they  will  make  it  sting  itself  to  death.    One 
thing  at  least  is  certain,  that  whatever  may  be  the 
effect  of   your   exclusion   from   the  Territories, 
there  is  no  dispute  but  that  the  North  mean  it, 
and  adopt  it  as  a  measure  hostile  to  slavery  upon 
this  point.     They  all  agree,  they  are  unanimous 
in  Congress,  in  the  States,  on  the  rostrum,  in  the 
sanctuary — everywhere  they  declare  that  slavery 
shall  not  go  into  the  Territories.     They  took  up 
arms  to  drive  it  out  of  Kansas ;  and  Sharpe's  rifles 
were  put  into  the  hands  of  assassins  by  Aboli 
tion  preachers  to  do  their  work.     Are  they  mis 
taken  ?    No ;  they  are  not.     The  party  put  it  into 
their  platform  at  Philadelphia — they  have  it  in 
S.  D.  23. 


the  corner-stone  of  their  Chicago  platform  ;  Lin 
coln  is  on  it— pledged  to  it.  Hamlin  is  on  it,  and 
pledged  to  it ;  every  Abolitionist  in  the  Ilii^n,  in 
or  out  of  place,  is  openly  pledged,  in  some  man 
ner,  to  drive  us  from  the  common  Territories. 
This  conflict,  at  least,  is  irrepressible — it  is-  easily 
understood — we  demand  the  equal  right  with  the 
North  to  go  into  the  common  Territories  with  all 
of  our  property,  slaves  included,  and  to  be  there 
protected  in  its  peaceable  enjoyment  by  the  Fed 
eral  Government,  until  such  Territories  may  come 
into  the  Union  as  equal  States — then  we  admit 
them  with  or  without  slavery,  as  the  people  them 
selves  may  decide  for  themselves.  Will  you  sur 
render  this  principle  ?  The  day  you  do  this  base, 
unmanly  deed,  you  embrace  political  degradation 
and  death. 

But  this  is  only  one  of  the  points  of  the  case ; 
the  North  agreed  to  deliver  up  fugitives  from 
labor.  In  pursuance  of  this  clause  of  the  Con 
stitution,  Congress,  in  1797,  during  Washington's 
administration,  passed  a  Fugitive  Slave  law  ;  that 
act  never  was  faithfully  respected  all  over  the 
North,  but  it  was  not  obstructed  by  State  legis 
lation  until  within  the  last  thirty  years  ;  but  the 
spirit  of  hostility  to  our  rights  became  more  ac 
tive  and  determined,  and  in  1850  that  act  was 
found  totally  insufficient  to  recover  and  return 
fugitives  from  labor;  therefore  the  act  of  1850 
was  passed.  The  passage  of  that  act  was  suffi 
cient  to  rouse  the  demon  of  abolition  all  over 
the  North.  The  pulpit,  the  press,  abolition  soci 
eties,  popular  assemblages,  belched  forth  nothing 
but  imprecations  and  curses  upon  the  South  and 
the  honest  men  of  the  North  who  voted  to  main 
tain  the  Constitution.  And  thirteen  States  of 
the  Union,  by  the  most  solemn  acts  of  legislation, 
wilfully,  knowingly,  and  corruptly  perj  ured  them 
selves  and  annulled  this  law  within  their  respect 
ive  limits.  I  say  wilfully,  knowingly,  and  cor 
ruptly.  The  Constitution  is  plain  — It  was  con 
strued  in  1793  by  Washington  and  the  Second 
Congress.  In  the  Senate,  the  bill  for  the  rendi 
tion  of  fugitives  was  unanimously  passed,  and 
nearly  unanimously  passed  by  the  House  of  Re 
presentatives,  and  signed  by  Washington.  All 
the  courts  of  the  United  States,  Federal  and 
State,  from  the  Supreme  Court  of  the  United 
States  to  the  Justice  Courts  of  all  the  States 
whose  actions  have  ever  come  under  my  notice, 
construed  this  Constitution  to  mean  and  .intend 
the  rendition  of  fugitive  slaves  by  law  of  Con 
gress,  which  might  be  aided,  not  thwarted,  by 
State  legislation,  until  the  decision  of  the  Supreme 
~ourt  of  Wisconsin  held  otherwise,  and  that  de 
cision  was  unanimously  overruled  by  Northern 
and  Southern  judges  in  the  Supreme  Court,  and 
which  Court,  in  the  same  case,  unanimously  af 
firmed  the  constitutionality  of  the  act  of  1850. 
But  these  acts  were  not  only  annulled  by  the 
abolition  Legislatures,  but  annulled  under  cir 
cumstances  of  atrocity  and  aggravation  unknown 
to  the  legislation  of  any  civilized  people  in  the 
world.  Some  of  them  punish  us  with  penitentia 
ry  punishment  as  felons  for  even  claiming  our 
own  slaves  within  their  limits,  even  by  his  own 


366 


REBELLION"   RECORD,  1962-63. 


consent;  others  by  ingenious  contrivances  pre 
vent  the  possibility  of  your  sustaining  your 
rights  in  their  limits,  where  they  seek  to  compel 
you  to  go,  and  then  punish  you  by  fine  and  in 
famous  punishments  for  asserting  your  rights 
and  failing  to  get  them.  This  is  the  fidelity  of 
our  brethren  (!)  to  their  plighted  faith — their  oft- 
repeated  oaths !  Yet  some  excellent  people 
among  us  want  some  more  of  such  securities  for 
our  rights,  our  peace,  and  security.  God  Al 
mighty  have  mercy  on  these  poor  people,  if  they 
listen  to  such  counsellors.  No  arm  of  flesh  can 
save  them.  Another  one  of  our  guarantees  in 
the  Constitution  was,  that  fugitives  from  justice, 
committing  crimes  in  one  State  and  fleeing  to  an 
other,  should  be  delivered  up  by  the  State  into 
which  they  might  flee  to  the  authorities  of  the 
State  from  whence  they  fled  and  where  the  crime 
was  committed.  This  constitutional  principle  is 
nothing  more  than  the  law  of  nations  necessary 
to  the  security  and  tranquillity  of  sovereignty, 
and  so  universally  respected  and  acknowledged 
that  we  have  treaties  with  all  civilized  nations 
by  which  that  duty  is  mutually  secured  in  all 
high  crimes,  (political  excepted,)  and  it  is  every 
day  executed  by  us  and  for  us  under  their 
treaties.  But  as  early  as  1837  or  1838  two  citi 
zens  of  Maine  came  to  Savannah,  stole  a  slave, 
fled  to  Maine,  and  two  successive  Governors  re 
fused  to  deliver  up  the  culprits,  the  real  griev 
ance  being  that  they  had  only  stolen  slaves  —  a 
pious  work,  rather  to  be  encouraged  than  pun 
ished.  Georgia  demanded,  remonstrated,  threat 
ened,  and  submitted  to  the  wrong. 

It  is  true  the  Legislature  authorized  the  Gov 
ernor  to  call  a  convention  of  the  people  to  take 
into  consideration  the  mode  of  redress.  But 
what  are  called  moderate,  wise  counsels  pre 
vailed.  Excellent  conservative  —  ay,  that's  the 
word  —  conservative  men  advised  us  not  to  dis 
turb  the  glorious  Union  about  so  small  a  matter ; 
we  submitted,  and  submission  brought  its  legiti 
mate  fruits.  Within  a  year  or  two  after,  a  similar 
case  occurred  with  New- York,  while  Seward  was 
Governor.  He  refused,  and  attempted  to  cover 
himself  under  the  idea  that  there  could  be  no 
property  in  slaves.  Virginia  made  the  same  de 
mand  on  him,  with  like  results  and  like  submis 
sion  ;  and  from  that  day  to  this  that  constitutional 
right  has  been  practically  surrendered  in  the  case 
of  negro-stealing.  But  our  Northern  brethren, 
having  in  this  case,  as  in  all  others,  gained  an 
inch,  demanded  an  ell.  We  still  fancied  that  if 
this  provision  of  the  Constitution  would  no  longer 
protect  our  property,  it  would  protect  our  lives. 
Vain  and  foolish  hope  !  Last  year  John  Brown 
made  a  raid  on  Virginia.  He  went  with  torch 
and  rifle,  with  the  purpose  of  subverting  her  gov 
ernment,  exciting  insurrection  among  her  slaves, 
and  murdering  her  peaceable  inhabitants ;  he 
succeeded  only  in  committing  murder  and  arson 
and  treason.  One  of  his  accomplices  (a  son)  es 
caped  to  Ohio,  was  demanded,  and  the  Governor 
of  Ohio  refused  to  give,  him  up  ;  another  fled  to 
Iowa ;  he,  too.  was  demanded,  and  refused.  It 
is  true  both  of  these  miscreants  (the  Governors 


of  these  States)  attempted  to  cover  their  plain 
violation  of  the  Constitution  and  their  oaths  with 
flimsy  pretexts  about  formalities,  but  they  failed 
to  hide  from  us  the  great  fact  that  it  was  sympa 
thy  with  the  cause  of  John  Brown  which  gav* 
sanctuary  to  his  confederates.  If  these  men  had 
have  fled  to  Great  Britain  or  France,  we  would 
have  received  them  back  and  inflicted  upon  them 
the  just  punishment  for  their  infamous  crimes 
under  our  treaties.  But  they  were  wiser  ;  they 
fled  among  our  brethren  ;  we  had  no  treaty  with 
them ;  we  had  only  a  Constitution  and  their 
oaths  of  fidelity  to  it.  It  failed  us,  and  their  mur 
derers  are  free,  ready  again  to  apply  the  incendi 
ary's  torch  to  your  dwelling  and  the  assassin's 
knife  and  the  poisoned  bowl  to  you  and  vour 
family.  Do  you  not  love  these  brethren  ?  *0h  ! 
what  a  glorious  Union  !  especially  "  to  insure  do 
mestic  tranquillity." 

I  have  shown  you  what  this  party  has  done, 
and  declared  in  the  national  councils,  in  the  State 
Legislatures,  by  and  through  their  executive  de 
partments.  Let  us  examine  what  they  are  at  as 
private  citizens.  By  the  laws  of  nations,  founded 
on  natural  justice,  no  nation,  nor  the  subjects  or 
citizens  of  any  nation,  have  the  right  to  disturb 
the  peace  or  security  of  any  other  nation  or  peo 
ple,  much  less  to  conspire,  excite  insurrection, 
discontent,  or  the  commission  of  crimes  among 
them,  and  all  these  are  held  to  be  good  causes  of 
war.  For  twenty  years  this  party  has,  by  Abo 
lition  societies,  by  publications  made  by  them, 
by  the  public  press,  through  the  pulpit  and  their 
own  legislative  halls,  and  every  effort — by  re 
proaches,  by  abuse,  by  vilification,  by  slander — 
to  disturb  our  security,  our  tranquillity — to  excite 
discontent  between  the  different  classes  of  our 
people,  and  to  excite  our  slaves  to  insurrection. 
No  nation  in  the  world  would  submit  to  such 
conduct  from  any  other  nation.  I  will  not  will 
ingly  do  so  from  this  Abolition  party.  I  demand 
the  protection  of  my  State  government,  to  whom 
I  own  my  allegiance.  I  wish  it  distinctly  under 
stood  that  it  is  the  price  of  my  allegiance.  You 
are  here,  constitutional  legislators — I  make  the 
demand  to-day  of  you.  Gentlemen,  I  have  thus 
shown  you  the  violations  of  our  constitutional 
rights  by  our  confederates ;  I  have  shown  you 
that  they  are  plain,  palpable,  deliberate,  and  dan 
gerous  ;  that  they  are  committed  by  the  execu 
tive,  legislative,  and  judicial  departments  of  the 
State  governments  of  our  confederates — that  all 
their  wrongs  are  approved  by  the  people  of  these 
States.  I  say  the  time  has  come  to  redress  these 
acknowledged  wrongs,  and  to  avert  even  greater 
evils,  of  which  these  are  but  the  signs  and  sym 
bols.  But  I  am  asked,  why  do  you  demand 
action  now  ?  The  question  is  both  appropriate 
and  important ;  it  ought  to  be  frankly  met.  The 
Abolitionists  say  you  are  raising  a  clamor  be 
cause  you  were  beaten  in  the  election.  The  fal 
sity  of  this  statement  needs  no  confirmation. 
Look  to  our  past  history  for  its  refutation.  Some 
excellent  citizens  and  able  men  in  Georgia  say 
the  election  of  any  man  constitutionally  is  no 
cause  for  a  dissolution  of  the  Union.  That  po- 


DOCUMENTS. 


367 


sition  is  calculated  only  to  mislead,  and  not  to 
enlighten.  It  is  not  the  issue.  I  say  the  election 
of  Lincoln,  with  all  of  its  surroundings,  is  suffi 
cient.  What  is  the  significance  of  his  election  ? 
It  is  the  indorsement,  by  the  non-slaveholding 
States,  of  all  those  acts  of  aggression  upon  our 
rights  by  all  these  States,  legislatures,  governors, 
judges,  and  people.  He  is  elected  by  the  perpe 
trators  of  these  wrongs  with  the  purpose  and  in 
tent  to  aid  and  support  them  in  wrong-doing. 

Hitherto  the  Constitution  has  had  on  its  side 
the  Federal  Executive,  whose  duty  it  is  to  exe 
cute  the  laws  and  Constitution  against  these  mal 
efactors.  It  has  earnestly  endeavored  to  dis 
charge  that  duty.  Relying  upon  its  power  and 
good  faith  to  remedy  these  wrongs,  we  have  lis 
tened  to  conservative  counsels,  trusting  to  time, 
to  the  Federal  Executive,  and  to  a  returning 
sense  of  justice  in  the  North.  The  Executive 
has  been  faithful  —  the  Federal  judiciary  have 
been  faithful — the  President  has  appointed  sound 
judges,  sound  marshals,  and  other  subordinate 
officers  to  interpret  and  to  execute  the  laws. 
With  the  best  intentions,  they  have  all  failed — 
our  property  has  been  stolen,  our  people  murder 
ed  ;  felons  and  assassins  have  found  sanctuary 
in  the  arms  of  the  party  which  elected  Mr.  Lin 
coln.  The  Executive  power,  the  last  bulwark  of 
the  Constitution  to  defend  us  against  these  ene 
mies  of  the  Constitution,  has  been  swept  away, 
and  we  now  stand  without  a  shield,  with  bare 
bosoms  presented  to  our  enemies,  and  we  de 
mand  at  your  hands  the  sword  for  our  defence, 
and  if  you  will  not  give  it  to  us,  we  will  take  it — 
take  it  by  the  divine  right  of  self-defence,  which 
governments  neither  give  nor  can  take  away. 
Therefore,  redress  for  past  and  present  wrongs 
demands  resistance  to  the  rule  of  Lincoln  and 
his  Abolition  horde  over  us  ;  he  comes  at  their 
head  to  shield  and  protect  them  in  the  perpetra 
tion  of  these  outrages  upon  us,  and,  what  is  more, 
he  comes  at  their  head  to  aid  them  in  consum 
mating  their  avowed  purposes  by  the  power  of 
the  Federal  Government.  Their  main  purpose, 
as  indicated  by  all  their  acts  of  hostility  to  sla 
very,  is  its  final  and  total  abolition.  His  party 
declare  it ;  their  acts  prove  it.  He  has  declared 
it ;  I  accept  his  declaration.  The  battle  of  the 
irrepressible  conflict  has  hitherto  been  fought  on 
his  side  alone.  We  demand  service  in  this  war. 
Surely  no  one  will  deny  that  the  election  of  Lin 
coln  is  the  indorsement  of  the  policy  of  those 
who  elected  him,  and  an  indorsement  of  his  own 
opinions.  The  opinions  of  those  who  elected  him 
are  to  be  found  in  their  solemn  acts  under  oath — 
in  their  State  governments,  indorsed  by  their 
constituents.  To  them  I  have  already  referred. 
They  are  also  to  be  found  in  the  votes  of  his 
supporters  in  Congress — also  indorsed  by  the 
party,  by  their  return.  Their  opinions  are  to  be 
found  in  the  speeches  of  Seward,  and  Sumner, 
and  Lovejoy,  and  their  associates  and  confede 
rates  in  the  two  Houses  of  Congress.  Since  the 
promotion  of  Mr.  Lincoln's  party,  all  of  them 
speak  with  one  voice,  and  speak  trumpet-tongued 
their  fixed  purpose  to  outlaw  four  thousand  mil 


lions  of  our  property  in  the  Territories,  and  to 
put  it  under  the  ban  of  the  empire  in  the  States 
where  it  exists.  They  declare  their  purpose  to 
war  against  slavery  until  there  shall  not  be  a 
slave  in  America,  and  until  the  African  is  elevat 
ed  to  a  social  and  political  equality  with  the 
white  man.  Lincoln  indorses  them  and  their 
principles,  and  in  his  own  speeches  declares  the 
conflict  irrepressible  and  enduring,  until  slavery 
is  everywhere  abolished. 

Hitherto  they  have  carried  on  this  warfare  by 
State  action,  by  individual  action,  by  appropria 
tion,  by  the  incendiary's  torch  and  the  poisoned 
bowl.  They  were  compelled  to  adopt  this  method 
because  the  Federal  executive  and  the  Federal 
judiciary  were  against  them.  They  will  have  pos 
session  of  the  Federal  executive  with  its  vast 
power,  patronage,  prestige  of  legality,  its  army, 
its  navy,  and  its  revenue  on  the  fourth  of  March 
next.  Hitherto  it  has  been  on  the  side  of  the 
Constitution  and  the  right ;  after  the  fourth  of 
March  it  will  be  in  the  hands  of  your  enemy. 
Will  you  let  him  have  it  ?  (Cries  of  "  No,  no. 
Never.")  Then  strike  while  it  is  yet  to-day. 
Withdraw  your  sons  from  the  army,  from  the 
navy,  and  every  department  of  the  Federal  public 
service.  Keep  your  own  taxes  in  your  own  cof 
fers — buy  arms  with  them  and  throw  the  bloody 
spear  into  this  den  of  incendiaries  and  assassins, 
and  let  God  defend  the  right.  But  you  are  ad 
vised  to  wait,  send  soft  messages  to  their  breth 
ren,  to  beg  them  to  relent,  to  give  you  some  as 
surances  of  their  better  fidelity  for  the  future. 
What  more  can  you  get  from  them  under  this 
Government?  You  have  the  Constitution — you 
have  its  exposition  by  themselves  for  seventy 
years — you  have  their  oaths — they  have  broken 
all  these,  and  will  break  them  again.  They  tell 
you  everywhere,  loudly  and  defiantly,  you  shall 
have  no  power,  no  security  until  you  give  up  the 
right  of  governing  yourselves  according  to  your 
own  will — until  you  submit  to  theirs.  For  this 
is  the  meaning  of  Mr.  Lincoln's  irrepressible  con 
flict — this  is  his  emphatic  declaration  to  all  the 
world.  Will  you  heed  it  ?  For  myself,  like  the 
Athenian  ambassador,  I  will  take  no  security  but 
this,  that  it  shall  not  be  in  the  power  of  our  ene 
mies  to  injure  my  country  if  they  desire  it.  Noth 
ing  but  ruin  will  follow  delay.  The  enemy  on 
the  fourth  of  March  will  intrench  himself  behind  a 
quintuple  wall  of  defence.  Executive  power,  ju 
diciary,  (Mr.  Seward  has  already  proclaimed  its 
reformation,)  army,  navy,  and  treasury.  Twenty 
years  of  labor,  and  toil,  and  taxes  all  expended 
upon  preparation,  would  not  make  up  for  the  ad 
vantage  your  enemies  would  gain  if  the  rising  sun 
on  the  fifth  of  March  should  find  you  in  the  Union. 
Then  strike  while  it  is  yet  time. 

But  we  are  told  that  secession  would  destroy 
the  fairest  fabric  of  liberty  the  world  ever  saw, 
and  that  we  are  the  most  prosperous  people  in 
the  world  under  it.  The  arguments  of  tyranny 
as  well  as  its  acts,  always  reenact  themselves. 
The  arguments  I  now  hear  in  favor  of  this  North 
ern  connection  are  identical  in  substance,  and 
almost  in  the  same  words  as  those  which  were 


368 


REBELLION  RECORD,  1862-63. 


used  in  1775  and  1776  to  sustain  the  British  con 
nection.  We  won  liberty,  sovereign  t}r,  and  inde 
pendence  by  the  American  Revolution — we  en 
deavored  to  secure  and  perpetuate  these  blessings 
by  means  of  our  Constitution.  The  very  men 
who  use  these  arguments  admit  that  this  Constitu 
tion,  this  compact,  is  violated,  broken  and  tramp 
led  under  foot  by  the  abolition  party.  Shall  we 
surrender  the  jewels  because  their  robbers  and 
incendiaries  have  broken  the  casket  ?  Is  this  the 
way  to  preserve  liberty  ?  I  would  as  lief  surren 
der  it  back  to  the  British  crown  as  to  the  aboli 
tionists.  I  will  defend  it  from  both.  Our  pur 
pose  is  to  defend  those  liberties.  What  baser 
fate  could  befall  us  or  this  great  experiment  of 
free  government  than  to  have  written  upon  its 
tomb :  u  Fell  by  the  hands  of  abolitionists  and  the 
cowardice  of  its  natural  defenders."  If  we  quail 
now,  this  will  be  its  epitaph. 

We  are  said  to  be  a  happy  and  prosperous  peo 
ple.  We  have  been,  because  we  have  hitherto 
maintained  our  ancient  rights  and  liberties — we 
will  be  until  we  surrender  them.  They  are  in 
danger  ;  come,  freemen,  to  the  rescue.  If  we  are 
prosperous,  it  is  due  to  God,  ourselves,  and  the 
wisdom  of  our  State  government.  We  have  an 
executive,  legislative,  and  judicial  department  at 
home,  possessing  and  entitled  to  the  confidence 
of  the  people.  I  have  already  vainly  asked  for 
the  law  of  the  Federal  Government  that  promotes 
our  prosperity.  I  have  shown  you  many  that  re 
tard  that  prosperity — many  that  drain  our  coffers 
for  the  benefit  of  our  bitterest  foes.  I  say  bitter 
est  foes — show  me  the  nation  in  the  world  that 
hates,  despises,  vilifies,  or  plunders  us  like  our 
abolition  u  brethren "  in  the  North.  There  is 
none.  I  can  go  to  England  or  France,  or  any 
other  country  in  Europe  with  my  slave,  without 
molestation  or  violating  any  law.  I  can  go  any 
where  except  in  my  own  country,  whilom  called 
"  the  glorious  Union  ;"  here  alone  am  I  stigma 
tized  as  a  felon  ;  here  alone  am  I  an  outlaw ;  here 
alone  am  I  under  the  ban  of  the  empire  ;  here 
alone  I  have  neither  security  nor  tranquillity; 
here  alone  are  organized  governments  ready  to 
protect  the  incendiary,  the  assassin  who  burns 
my  dwelling  or  takes  my  life  or  those  of  my  wife 
and  children  ;  here  alone  are  hired  emissaries 
paid  by  brethren  to  glide  through  the  domestic 
circle  and  intrigue  insurrection  with  all  of  its 
nameless  horrors.  My  countrymen,  u  if  you  have 
nature  in  you,  bear  it  not."  Withdraw  your 
selves  from  such  a  confederacy ;  it  is  your  right 
to  do  so — your  duty  to  do  so.  I  know  not  wrhy 
the  abolitionists  should  object  to  it,  unless  they 
want  to  torture  and  plunder  you.  If  they  resist 
this  great  sovereign  right,  make  another  war  of 
independence,  for  that  then  will  be  the  question ; 
fight  its  battles  over  again — reconquer  liberty  and 
independence.  As  for  me,  I  will  take  any  place 
in  the  great  conflict  for  rights  which  you  may  as 
sign.  I  will  take  none  in  the  Federal  Government 
during  M"  Lincoln's  administration. 

If  you  uesire  a  Senator  after  the  fourth  of  March, 
you  must  elect  one  in  my  place.  I  have  served 
you  in  the  State  and  national  councils  for  nearly 


!  a  quarter  of  a  century  without  once  losi.ig  youi 
i  confidence.  I  am  yet  ready  for  the  public  service, 
j  when  honor  and  duty  call.  I  will  serve  you  any- 
I  where  where  it  will  not  degrade  and  dishonor  my 
i  country.  Make  my  name  infamous  forever,  if  you 
j  will,  but  save  Georgia.  I  have  pointed  out  your 
|  wrongs,  your  danger,  your  duty.  You  have  claim- 
j  ed  nothing  but  that  rights  be  respected  and  tha 
I  justice  be  done.  Emblazon  it  on  your  banner — 
tight  for  it,  win  it,  or  perish  in  the  effort. 


Doc.  63. 

PRESIDENT  LINCOLN'S  APPEAL  TO  THE 
BORDER  STATES. 

THE  Representatives  and  Senators  of  the  Bor 
der  Slaveholding  States  having,  by  special  invi 
tation  of  the  President,  been  convened  at  the 
Executive  Mansion  on  Saturday  morning,  July 
twelfth,  1862,  Mr.  Lincoln  addressed  them  as  fol 
lows  from  a  written  paper  held  in  his  hand  : 

GENTLEMEN  :  After  the  adjournment  of  Con 
gress,  now  near,  I  shall  have  no  opportunity  of 
seeing  you  for  several  months.  Believing  that 
you  of  the  Border  States  hold  more  power  for 
good  than  any  other  equal  number  of  members, 
I  feel  it  a  duty  which  I  cannot  justifiably  waive 
to  make  this  appeal  to  you. 

I  intend  no  reproach  or  complaint  when  I  as 
sure  you  that,  in  my  opinion,  if  you  all  had 
voted  for  the  resolution  in  the  gradual  emancipa 
tion  message  of  last  March,  the  war  wrould  now 
be  substantially  ended.  And  the  plan  therein 
proposed  is  yet  one  of  the  most  potent  and  swift 
means  of  ending  it.  Let  the  States  which  are  in 
rebellion  see  definitely  and  certainly  that  in  no 
event  will  the  States  you  represent  ever  join  their 
proposed  Confederacy,  and  they  cannot  much 
longer  maintain  the  contest.  But  you  cannot 
divest  them  of  their  hope  to  ultimately  have  you 
with  them  so  long  as  you  show  a  determination 
to  perpetuate  the  institution  within  your  own 
States.  Beat  them  at  elections,  as  you  have  over 
whelmingly  done,  and,  nothing  daunted,  they 
still  claim  you  as  their  own.  You  and  I  know 
what  the  lever  of  their  power  is.  Break  that 
lever  before  their  faces,  and  they  can  shake  you 
no  more  for  ever. 

Most  of  you  have  treated  me  writh  kindness 
and  consideration,  and  I  trust  you  will  not  now 
think  I  improperly  touch  what  is  exclusively 
your  own,  \vhen,  for  the  sake  of  the  whole  coun 
try,  I  ask,  "  Can  you,  for  your  States,  do  better 
than  to  take  the  course  I  urge  ?"  Discarding 
punctilio  and  maxims  adapted  to  more  manage-' 
able  times,  and  looking  only  to  the  unpreccdent- 
edly  stern  facts  of  our  case,  can  you  do  better 
in  any  possible  event?  You  prefer  that  the 
constitutional  relations  of  the  States  to  the  nation 
shall  be  practically  restored  without  disturbance 
of  the  institution  ;  and,  if  this  were  done,  my 
whole  duty  in  this  respect,  under  the  Constitu- 


DOCUMENTS. 


369 


tion  and  my  oath  of  office,  would  be  performed. 
But  it  is  not  done,  and  we  are  trying  to  ac 
complish  it  by  war.  The  incidents  of  the  war 
cannot  be  avoided.  If  the  war  continues  long, 
as  it  must  if  the  object  be  not  sooner  attained, 
the  institution  in  your  States  will  be  extinguish 
ed  by  mere  friction  and  abrasion — by  the  mere 
incidents  of  the  war.  It  will  be  gone,  and  you 
will  have  nothing  valuable  in  lieu  of  it.  Much 
of  its  value  is  gone  already.  How  much  better 
for  you  and  for  your  people  to  take  the  step 
which  at  once  shortens  the  war,  and  secures  sub 
stantial  compensation  for  that  which  is  sure  to  be 
wholly  lost  in  any  other  event !  How  much  bet 
ter  to  thus  save  the  money  which  else  we  sink  for 
ever  in  the  war  !  How  much  better  to  do  it  while 
we  can,  lest  the  war  ere  long  render  us  pecuni 
arily  unable  to  do  it !  How  much  better  for  you 
as  seller,  and  the  nation,  as  buyer,  to  sell  out  and 
buy  out  that  without  which  the  war  could  never 
have  been,  than  to  sink  both  the  thing  to  be  sold 
and  the  price  of  it,  in  cutting  one  another's 
throats. 

I  do  not  speak  of  emancipation  at  once,  but  of 
a  decision  at  once  to  emancipate  gradually. 
Room  in  South-America  for  colonization  can  be 
obtained  cheaply  and  in  abundance,  and  when 
numbers  shall  be  large  enough  to  be  company 
and  encouragement  for  one  another,  the  freed 
people  will  not  be  so  reluctant  to  go. 

I  am  pressed  with  a  difficulty  not  yet  mention 
ed — one  which  threatens  division  among  those 
who,  united,  are  none  too  strong.  An  instance 
of  it  is  known  to  you.  General  Hunter  is  an 
honest  man.  He  was,  and  I  hope  still  is,  my 
friend.  I  valued  him  none  the  less  for  his  agree 
ing  with  me  in  the  general  wish  that  all  men 
everywhere  could  be  freed.  He  proclaimed  all 
men  free  within  certain  States,  and  I  repudiated 
the  proclamation.  He  expected  more  good  and 
less  harm  from  the  measure  than  I  could  believe 
would  follow.  Yet,  in  repudiating  it,  I  gave  dis 
satisfaction,  if  not  offence,  to  many  whose  sup 
port  the  country  cannot  afford  to  lose.  And  this 
is  not  the  end  of  it.  The  pressure  in  this  direc 
tion  is  still  upon  me  and  is  increasing.  By  con 
ceding  what  I  now  ask  you  can  relieve  me,  and, 
much  more,  can  relieve  the  country  in  this  im 
portant  point. 

Upon  these  considerations  I  have  again  begged 
your  attention  to  the  Message  of  March  last. 
Before  leaving  the  Capitol,  consider  and  discuss 
it  among  yourselves.  You  are  patriots  and  states 
men,  and  as  such  I  pray  you  consider  this  prop 
osition  ;  and  at  the  least  commend  it  to  the  con 
sideration  of  your  States  and  people.  As  you 
would  perpetuate  popular  government  for  the 
best  people  in  the  world,  I  beseech  you  that  you 
do  in  no  wise  omit  this.  Our  common  country  I 
is  in  great  peril,  demanding  the  loftiest  views  and 
boldest  action  to  bring  a  speedy  relief.  Once 
relieved,  its  form  of  government  is  saved  to  the 
world  ;  its  beloved  history  and  cherished  memo 
ries  are  vindicated,  and  its  happy  future  fully  as- 
Bured  and  rendered  inconceivably  grand.  To 
you,  more  than  to  any  others,  the  privilege  is 


given  to  assure  that  happiness  and  swell  that 
grandeur,  and  to  link  your  own  names  therewith 
forever. 

At  the  conclusion  of  these  remarks  some  con 
versation  was  had  between  the  President  and 
several  members  of  the  delegations  from  the  Bor 
der  States,  in  which  it  was  represented  that  these 
States  could  not  be  expected  to  move  in  so  great 
a  matter  as  that  brought  to  their  notice  in  the 
foregoing  address,  while  as  yet  Congress  had 
taken  no  step  beyond  the  passage  of  a  resolu 
tion,  expressive  rather  of  a  sentiment  than  pre 
senting  a  substantial  and  reliable  basis  of  action. 

The  President  acknowledged  the  force  of  this 
view,  and  admitted  that  the  Border  States  were 
entitled  to  expect  a  substantial  pledge  of  pecuni 
ary  aid  as  the  condition  of  taking  into  considera 
tion  a  proposition  so  important  in  its  relations  to 
their  social  system. 

It  was  further  represented,  in  the  Conference, 
that  the  people  of  the  Border  States  were  inter 
ested  in  knowing  the  great  importance  which  the 
President  attached  to  the  policy  in  question, 
while  it  was  equally  due  to  the  country,  to  the 
President,  and  to  themselves,  that  the  Represen 
tatives  of  the  Border  Slaveholding  States  should 
publicly  announce  the  motives  under  which  they 
were  called  to  act,  and  the  considerations  of  pub 
lic  policy  urged  upon  them  and  their  constituents 
by  the  President. 

With  a  view  to  such  a  statement  of  their  po 
sition,  the  members  thus  addressed  met  in  coun 
cil  to  deliberate  on  the  reply  they  should  make 
to  the  President,  and,  as  the  result  of  a  comparl 
son  of  opinions  among  themselves,  they  deter 
mined  upon  the  adoption  of  a  majority  and  a 
minority  answer. 

REPLY    OF   THE    MAJORITY. 

The  following  paper  was  on  the  thirteenth  of 
July,  sent  to  the  President. 

WASHINGTON,  July  14, 1862. 
To  the  President  : 

The  undersigned,  Representatives  of  Ken 
tucky,  Virginia,  Missouri,  and  Maryland,  in 
the  two  Houses  of  Congress,  have  listened  to 
your  address  with  the  profound  sensibility  natu 
rally  inspired  by  the  high  source  from  which 
it  emanates,  the  earnestness  which  marked  its 
delivery,  and  the  overwhelming  importance  of 
the  subject  of  which  it  treats.  We  have  given 
it  a  most  respectful  consideration,  and  now  lay 
before  you  our  response.  We  regret  that  want 
of  time  has  not  permitted  us  to  make  it  more 
perfect. 

We  have  not  been  wanting,  Mr.  President,  in 
respect  to  you,  and  in  devotion  to  the  Constitu- 


370 


REBELLION   RECORD,  1862-63. 


tion  and  the  Union.  We  have  not  been  indiffer 
ent  to  the  great  difficulties  surrounding  you, 
compared  with  which  all  former  national  troubles 
have  been  but  as  the  summer-cloud ;  and  we 
have  freely  given  you  our  sympathy  and  support. 
Repudiating  the  dangerous  heresies  of  the  se 
cessionists,  we  believed,  with  you,  that  the  war 
on  their  part  is  aggressive  and  wicked,  and  the 
objects  for  which  it  was  to  be  prosecuted  on  ours, 
defined  by  your  message  at  the  opening  of  the 
present  Congress,  to  be  such  as  all  good  men 
should  approve,  we  have  not  hesitated  to  vote  all 
supplies  necessary  to  carry  it  on  vigorously. 
We  have  voted  all  the  men  and  money  you  have 
asked  for,  and  even  more ;  we  have  imposed 
onerous  taxes  on  our  people,  and  they  are  pay 
ing  them  with  cheerfulness  and  alacrity ;  we 
have  encouraged  enlistments  and  sent  to  the 
field  many  of  our  best  men  ;  and  some  of  our 
number  have  offered  their  persons  to  the  enemy 
as  pledges  of  their  sincerity  and  devotion  to  the 
country.  We  have  done  all  this  under  the  most 
discouraging  circumstances,  and  in  the  face  of 
measures  most  distasteful  to  us  and  injurious 
to  the  interests  we  represent,  and  in  the  hearing 
of  doctrines  avowed  by  those  who  claim  to  be 
your  friends,  which  must  be  abhorrent  to  us  and 
our  constituents.  But,  for  all  this,  we  have  never 
faltered,  nor  shall  we  as  long  as  we  have  a  Con 
stitution  to  defend  and  a  Government  which  pro 
tects  us.  And  we  are  ready  for  renewed  efforts, 
and  even  greater  sacrifices,  yea,  any  sacrifice, 
when  we  are  satisfied  it  is  required  to  preserve 
our  admirable  form  of  government  and  the  price 
less  blessings  of  constitutional  liberty. 

A  few  of  our  number  voted  for  the  resolution 
recommended  by  your  message  of  the  sixth  of 
March  last,  the  greater  portion  of  us  did  not,  and 
we  will  briefly  state  the  prominent  reasons  which 
influenced  our  action. 

In  the  first  place,  it  proposed  a  radical  change 
of  our  social  system,  and  was  hurried  through 
both  Houses  with  undue  haste,  without  reasona 
ble  time  for  consideration  and  debate,  and  with 
no  time  at  all  for  consultation  with  our  constitu 
ents,  whose  interests  it  deeply  involved.  It 
seemed  like  an  interference  by  this  Government 
with  a  question  which  peculiarly  and  exclusive 
ly  belonged  to  our  respective  States,  on  which 
they  had  not  sought  advice  or  solicited  aid. 
Many  of  us  doubted  the  constitutional  power  of 
this  Governnent  to  make  appropriations  of  money 
for  the  object  designated,  and  all  of  us  thought 
our  finances  were  in  no  condition  to  bear  the  im 
mense  outlay  which  its  adoption  and  faithful 
execution  would  impose  upon  the  National  Treas 
ury.  If  we  pause  but  a  moment  to  think  of  the 
debt  its  acceptance  would  have  entailed,  we  are 
appalled  by  its  magnitude.  The  proposition  was 
addressed  to  all  the  States,  and  embraced  the 
whole  number  of  slaves.  According  to  the  census 
of  1860,  there  were  then  very  nearly  four  million 
slaves  in  the  country ;  from  natural  increase  they 
exceed  that  number  now.  At  even  the  low 
average  of  three  hundred  dollars,  the  price  fixed 
by  the  Emancipation  Act  for  the  slaves  of  this 


District,  and  greatly  below  their  real  worth,  their 
value  runs  up  to  the  enormous  sum  of  on*3!  billion 
two  hundred  million  dollars ;  and  if  to  that  we 
add  the  cost  of  deportation  and  colonisation,  at 
one  hundred  dollars  each,  which  is  but  a  fraction 
more  than  is  actually  paid  by  the  Maryland  Colo 
nization  Society,  we  have  four  hundred  million 
dollars  more  !  We  were  not  willing  to  impose  a 
tax  on  our  people  sufficient  to  pay  the  interest 
on  that  sum,  in  addition  to  the  vast  and  daily 
increasing  debt  already  fixed  upon  them  by  the 
exigencies  of  the  war ;  and,  if  we  had  been  will 
ing,  the  country  could  not  bear  it.  Stated  in 
this  form  the  proposition  is  nothing  less  than 
the  deportation  from  the  country  of  one  billion 
six  hundred  million  dollars'  worth  of  producing 
labor,  and  the  substitution  in  its  place  of  an 
interest-bearing  debt  of  the  same  amount ! 

But,  if  we  are  told  that  it  was  expected  that 
only  the  States  we  represent  would  accept  the 
proposition,  we  respectfully  submit  that  even 
then  it  involves  a  sum  too  great  for  the  financial 
ability  of  this  Government  at  this  time.  Accord 
ing  to  the  census  of  1860 — 

Slaves. 

Kentucky  had, 225,490 

Maryland, 87,188 

Virginia, 490,887 

Delaware, 1,798 

Missouri, 114,965 

Tennessee, 275,784 

Making  in  the  whole, 1,196,112 

At  the   same   rate  of  valuation 

these  would  amount  to $358,833,500 

Add  for  deportation  and  coloniza 
tion  $100  each, 119,244,533 


And  we  have  the  enormous  sum  of  $178,038, 133 

We  did  not  feel  that  we  should  be  justified  in 
voting  for  a  measure  which,  if  carried  out,  would 
add  this  vast  amount  to  our  public  debt  at  a 
moment  when  the  Treasury  was  reeling  under 
the  enormous  expenditure  of  the  war. 

Again,  it  seemed  to  us  that  this  resolution  was 
but  the  annunciation  of  a  sentiment  which  could 
not  or  was  not  likely  to  be  reduced  to  an  actual 
tangible  proposition.  No  movement  was  then 
made  to  provide  and  appropriate  the  funds  re 
quired  to  carry  it  into  effect ;  and  we  were  not 
encouraged  to  believe  that  funds  would  be  pro 
vided.  And  our  belief  has  been  fully  justified 
by  subsequent  events.  Not  to  mention  other 
circumstances,  it  is  quite  sufficient  for  our  pur 
pose  to  bring  to  your  notice  the  fact,  that,  while 
this  resolution  was  under  consideration  in  the 
Senate,  our  colleague,  the  Senator  from  Kentucky, 
moved  an  amendment  appropriating  five  hundred 
thousand  dollars  to  the  object  therein  designat 
ed,  and  it  was  voted  down  with  great  unanimity. 
What  confidence,  then,  could  we  reasonably  feel 
that  if  we  committed  ourselves  to  the  policy  it 
proposed,  our  constituents  would  reap  the  fruits 
of  the  promise  held  out  ;  and  on  what  ground 
could  we,  as  fair  men,  approach  them  and  chal 
lenge  their  support  ? 


DOCUMENTS. 


371 


The  right  to  hold  slaves  is  a  right  appertaining 
to  all  the  States  of  this  Union.  They  have  the 
right  to  cherish  or  abolish  the  institution,  as 
their  tastes  or  their  interests  may  prompt,  and 
no  one  is  authorized  to  question  the  right,  or 
limit  its  enjoyment.  And  no  one  has  more 
clearly  affirmed  that  right  than  you  have.  Your 
inaugural  address  docs  you  great  honor  in  this 
respect,  and  inspired  the  country  with  confidence 
in  your  fairness  and  respect  for  the  law.  Our 
States  are  in  the  enjoyment  of  that  right.  We 
do  not  feel  called  on  to  defend  the  institution,  or 
to  affirm  it  is  one  which  ought  to  be  cherished  ; 
perhaps,  if  we  were  to  make  the  attempt,  we 
might  find  that  we  differ  even  among  ourselves. 
It  is  enough  for  our  purpose  to  know  that  it  is  a 
right ;  and,  so  knowing,  we  did  not  see  why  we 
should  now  be  expected  to  yield  it.  We  had 
contributed  our  full  share  to  relieve  the  country 
at  this  terrible  crisis ;  we  had  done  as  much  as 
had  been  required  of  others,  in  like  circumstan 
ces  ;  and  we  did  not  see  why  sacrifices  should 
be  expected  of  us  from  which  others,  no  more 
loyal,  were  exempt.  Nor  could  we  see  what 
good  the  nation  would  derive  from  it. 

Such  a  sacrifice  submitted  to  by  us  would  not 
have  strengthened  the  arm  of  this  Government, 
or  weakened  that  of  the  enemy.  It  was  not  ne 
cessary  as  a  pledge  of  our  loyalty,  for  that  had 
been  manifested  beyond  a  reasonable  doubt,  in 
every  form  and  at  every  place  possible.  There 
was  not  the  remotest  probability  that  the  States 
we  represent  would  join  in  the  rebellion,  nor  is 
there  now,  or  of  their  electing  to  go  with  the 
Southern  section  in  the  event  of  a  recognition  of 
the  independence  of  any  part  of  the  disaffected 
region.  Our  States  are  fixed  unalterably  in  their 
resolution  to  adhere  to  and  support  the  Union. 
They  see  no  safety  for  themselves  and  no  hope 
for  constitutional  liberty  but  by  its  preservation. 
They  will,  under  no  circumstances,  consent  to 
its  dissolution ;  and  we  do  them  no  more  than 
justice  when  we  assure  you  that,  while  the  war  j 
is  conducted  to  prevent  that  deplorable  catastro 
phe,  they  will  sustain  it  as  long  as  they  can 
muster  a  man  or  command  a  dollar.  Nor  will 
they  ever  consent,  in  any  event,  to  unite  with  the 
Southern  Confederacy.  The  bitter  fruits  of  the 
peculiar  doctrines  of  that  region  will  for  ever 
prevent  them  from  placing  their  security  and 
happiness  in  the  custody  of  an  association  which 
has  incorporated  in  its  organic  law  the  seeds  of 
its  own  destruction. 

We  cannot  admit,  Mr.  President,  that,  if  we 
had  voted  for  the  resolution  in  the  Emancipation 
Message  of  March  last,  the  war  would  now  be 
substantially  ended.  We  are  unable  to  see  how 
our  action  in  this  particular  has  given,  or  could 
give,  encouragement  to  the  rebellion.  The  reso 
lution  has  passed ;  and,  if  there  be  virtue  in  it, 
it  will  be  quite  as  efficacious  as  if  we  had  voted 
for  it.  We  have  no  power  to  bind  our  States  in 
this  respect  by  our  votes  here ;  and,  whether  we 
had  voted  the  one  way  or  the  other,  they  are  in 
the  same  condition  of  freedom  to  accept  or  reject 
Us  provisions.  No,  sir;  the  war  has  not  been 


prolonged  or  hindered  by  our  action  on  this  or 
any  other  measure.  We  must  look  for  other 
causes  for  that  lamented  fact.  We  think  there 
is  not  much  difficulty,  not  much  uncertainty,  in 
pointing  out  others  far  more  probable  and  potent 
in  their  agencies  to  that  end. 

The  rebellion  derives  its  strength  from  the 
union  of  all  classes  in  the  insurgent  States ;  and 
while  that  union  lasts,  the  war  will  never  end, 
until  they  are  utterly  exhausted.  We  know  that 
at  the  inception  of  these  troubles,  Southern  so 
ciety  was  divided,  and  that  a  large  portion,  per 
haps  a  majority,  were  opposed  to  secession.  Now 
the  great  mass  of  Southern  people  are  united.  To 
discover  why  they  are  so,  we  must  glance  at 
Southern  society,  and  notice  the  classes  into 
which  it  has  been  divided,  and  which  still  dis 
tinguish  it.  They  are  in  arms,  but  not  for  the 
same  objects ;  they  are  moved  to  a  common  end, 
but  by  different  and  even  inconsistent  reasons. 
The  leaders,  which  comprehends  what  was  pre 
viously  known  as  the  State  Rights  party,  and 
is  much  the  lesser  class,  seek  to  break  down  na 
tional  independence,  and  set  up  State  domination. 
With  them,  it  is  a  war  against  nationality.  The 
other  class  is  fighting,  as  it  supposes,  to  maintain 
and  preserve  its  rights  of  property  and  domestic 
safety,  which  it  has  been  made  to  believe  are  as 
sailed  by  this  Government.  This  latter  class  are 
not  disunionists  per  se  ;  they  are  so  only  because 
they  have  been  made  to  believe  that  this  Admin 
istration  is  inimical  to  their  rights,  and  is  making 
war  on  their  domestic  institution.  As  long  as 
these  two  classes  act  together,  they  will  never 
assent  to  a  peace. 

The  policy,  then,  to  be  pursued  is  obvious. 
The  former  class  will  never  be  reconciled,  but 
the  latter  may  be.  Remove  their  apprehensions  ; 
satisfy  them  that  no  harm  is  intended  to  them 
and  their  institutions ;  that  this  Government  is 
not  making  war  on  their  rights  of  property,  but 
is  simply  defending  its  legitimate  authority,  and 
they  will  gladly  return  to  their  allegiance  as  soon 
as  the  pressure  of  military  dominion  imposed  by 
the  confederate  authority  is  removed  from  them. 

Twelve  months  ago,  both  Houses  of  Congress, 
adopting  the  spirit  of  your  message,  then  but  re 
cently  sent  in,  declared,  with  singular  unanimity, 
the  objects  of  the  war,  and  the  country  instantly 
bounded  to  your  side  to  assist  you  in  carrying  it 
on.  If  the  spirit  of  that  resolution  had  been  ad 
hered  to,  we  are  confident  that  we  should  before 
now  have  seen  the  end  of  this  deplorable  conflict. 
But  what  have  we  seen  ? 

In  both  Houses  of  Congress,  we  have  heard 
doctrines  subversive  of  the  principles  of  the 
Constitution,  and  seen  measure  after  measure, 
founded  in  substance  on  those  doctrines,  propos 
ed  and  carried  through,  which  can  have  no  other 
effect  than  ta  distract  and  divide  loyal  men,  and 
exasperate  and  drive  still  further  from  us  and 
their  duty  the  people  of  the  rebellious  States. 
Military  officers,  following  these  bad  examples, 
have  stepped  beyond  the  just  limits  of  their  au 
thority  in  the  same  direction,  until,  in  several 
instances,  you  have  felt  the  necessity  of  interfer* 


REBELLION   RECORD,  1862-63. 


im  to  arrestthcm.  And  even  the  passage  of  the 
reb  >lution  to  which  you  refer  has  been  ostenta 
tiously  proclaimed  as  the  triumph  of  a  principle 
wLich  the  people  of  the  Southern  States  regard 
as  ruinous  to  them.  The  effect  of  these  measures 
was  foretold,  and  may  now  be  seen  in  the  indu 
rated  state  of  Southern  feeling. 

To  these  causes,  Mr.  President,  and  not  to  our 
omission  to  vote  for  the  resolution  recommended 
by  you,  we  solemnly  believe  we  are  to  attribute 
the  terrible  earnestness  of  those  in  arms  against 
the  Government,  and  the  continuance  of  the  war. 
Nor  do  we  (permit  us  to  say,  Mr.  President,  with 
all  respect  to  you)  agree  that  the  institution  of 
slavery  is  "the  lever  of  their  power;"  but  we 
are  of  the  opinion  that  "  the  lever  of  their  power" 
is  the  apprehension  that  the  powers  of  a  common 
Government,  created  for  common  and  equal  pro 
tection  to  the  interests  of  all,  will  be  wielded  | 
against  the  institutions  of  the  Southern  States,  j 

There  is  one  other  idea  in  your  address  we  ieel  ' 
called  on  to  notice.  After  stating  the  fact  of 
your  repudiation  of  General  Hunter's  proclama- ! 
tion,  you  add : 

"  Yet,  in  repudiating  it,  I  gave  dissatisfaction, 
if  not  offence,  to  many  whose  support  the  coun 
try  cannot  afford  to  lose.  And  this  is  not  the 
end  of  it.  The  pressure  in  this  direction  is  still 
upon  me,  and  is  increasing.  By  conceding  what 
I  now  ask,  you  can  relieve  me,  and,  much  more, 
can  relieve  the  country  in  this  important  point." 

We  have  anxiously  looked  into  this  passage  to 
discover  its  true  import,  but  we  are  yet  in  pain 
ful  uncertainty.  How  can  we,  by  conceding  what 
you  now  ask,  relieve  you  and  the  country  from 
the  increasing  pressure  to  which  you  refer  ?  We 
will  not  allow  ourselves  to  think  that  the  propo 
sition  is,  that  we  consent  to  give  up  slavery,  to 
the  end  that  the  Hunter  proclamation  may  be 
let  loose  on  the  Southern  people  ;  for  it  is  too 
well  known  that  we  would  not  be  parties  to  any 
such  measure,  and  we  have  too  much  respect  for 
you  to  imagine  you  would  propose  it.  Can  it 
mean  that  by  sacrificing  our  interest  in  slavery 
we  appease  the  spirit  that  controls  that  pressure, 
cause  it  to  be  withdrawn,  and  rid  the  country  of 
the  pestilent  agitation  of  the  slavery  question  ? 
We  are  forbidden  so  to  think,  for  that  spirit 
would  not  be  satisfied  with  the  liberation  of 
seven  hundred  thousand  slaves,  and  cease  its 
agitation,  while  three  million  remain  in  bondage. 
Can  it  mean  that,  by  abandoning  slavery  in  our 
our  States,  we  are  removing  the  pressure  from 
you  and  the  country,  by  preparing  for  a  separa 
tion  on  the  line  of  the  Cotton  States  ? 

We  are  forbidden  so  to  think,  because  it  is 
known  that  we  are,  and  we  believe  that  you  are, 
unalterably  opposed  to  any  division  at  all.  We 
would  prefer  to  think  that  you  desire  this  con 
cession  as  a  pledge  of  our  support,  and  thus 
enable  you  to  withstand  a  pressure  which  weighs 
heavily  on  you  and  the  country.  Mr.  President, 
no  such  sacrifice  is  necessary  to  secure  our  sup 
port.  Confine  yourself  to  your  constitutional 
authority  ;  confine  your  subordinates  within  the 
same  limits  ;  conduct  this  war  solely  for  the  pur 


pose  of  restoring  the  Constitution  to  it»  . 
authority  ;  concede  to  each  State  and  its  loyal 
citizens  their  just  rights,  and  we  are  wedded  to 
you  by  indissoluble  ties.  Do  this,  Mr.  President, 
and  you  touch  the  American  heart,  and  invigorate 
it  with  new  hope.  You  will,  as  we  solemnly  be 
lieve,  in  due  time  restore  peace  to  your  country, 
lift  it  from  despondency  to  a  future  of  glory  ;  and 
preserve  to  your  countrymen,  their  posterity, 
and  man,  the  inestimable  treasure  of  a  constitu 
tional  government. 

Mr.  President,  we  have  stated  with  frankness 
and  candor  the  reasons  on  which  we  forbore  to 
vote  for  the  resolution  you  have  mentioned ;  but 
you  have  again  presented  this  proposition,  and 
appealed  to  us,  with  an  earnestness  and  eloquence 
which  have  not  failed  to  impress  us,  to  "  consider 
it,  and  at  the  least  to  commend  it  to  the  consid 
eration  of  our  States  and  people."  Thus  ap 
pealed  to  by  the  Chief  Magistrate  of  our  beloved 
country,  in  the  hour  of  its  greatest  peril,  we  can 
not  wholly  decline.  We  are  willing  to  trust  every 
question  relating  to  their  interest  and  happiness 
to  the  consideration  and  ultimate  judgment  of 
our  own  people.  While  differing  from  you  as  to 
the  necessity  of  emancipating  the  slaves  of  our 
States  as  a  means  of  putting  down  the  rebellion, 
and  while  protesting  against  the  propriety  of  any 
extra  territorial  interference  to  induce  the  people 
of  our  States  to  adopt  any  particular  line  of  pol 
icy  on  a  subject  which  peculiarly  and  exclusively 
belongs  to  them,  yet  when  you  and  our  brethren 
of  the  loyal  States  sincerely  believe  that  the  re 
tention  of  slavery  by  us  is  an  obstacle  to  peace 
and  national  harmony,  and  are  willing  to  contrib 
ute  pecuniary  aid  to  compensate  our  States  and 
people  for  the  inconveniences  produced  by  such 
a  change  of  system,  we  are  not  unwilling  that 
our  people  shall  consider  the  propriety  of  putting 
it  aside. 

But  we  have  already  said  that  we  regarded  this 
resolution  as  the  utterance  of  a  sentiment,  and 
we  had  no  confidence  that  it  would  assume  the 
shape  of  a  tangible,  practical  proposition,  which 
would  yield  the  fruits  of  the  sacrifice  it  required. 
Our  people  are  influenced  by  the  same  want  of 
confidence,  and  will  not  consider  the  proposition 
in  its  present  impalpable  form.  The  interest  they 
are  asked  to  give  up  is  to  them  of  immense  im 
portance,  and  they  ought  not  to  be  expected  even 
to  entertain  the  proposal  until  they  are  assured 
that  when  they  accept  it  their  just  expectations 
will  not  be  frustrated.  We  regard  your  plan  as 
a  proposition  from  the  Nation  to  the  States  to 
exercise  an  admitted  constitutional  right  in  a  par 
ticular  manner  and  yield  up  a  valuable  interest. 
Before  they  ought  to  consider  the  proposition,  it 
should  be  presented  in  such  a  tangible,  practical, 
efficient  shape  as  to  command  their  confidence 
that  its  fruits  are  contingent  only  upon  their  ac 
ceptance.  We  cannot  trust  any  thing  to  the  con 
tingencies  of  future  legislation. 

If  Congress,  by  proper  and  necessary  legisla 
tion,  shall  provide  sufficient  funds  and  place  them 
at  your  disposal  to  be  applied  by  you  to  the  pay 
ment  of  any  of  our  States  or  the  citizens  thereof 


DOCUMENTS. 


373 


who  shall  adopt  the  abolishment  of  slavery,  either 
gradual  or  immediate,  as  they  may  determine, 
and  the  expense  of  deportation  and  colonization 
of  the  liberated  slavey  then  will  our  States  and 
people  take  this  proposition  into  careful  consid 
eration,  for  such  decision  as  in  their  judgment  is 
demanded  by  their  interest,  their  honor,  and  their 
duty  to  tne  whole  country. 

We  have  the  honor  to  be, 

With  great  respect, 

C.  A.  WICKLIFFE,  Chair'n.     CHAS.  B.  CALVERT, 

GARKETT  DAVIS,  C.  L.  L.  LEARY, 

R.  WILSON,  EDW.  H.  WEBSTER, 

J.  J.  CRITTENDEN,  R.  MALLORY, 

JOHN  S.  CARLILE,  AARON  HARDING, 

J.  W.  CRISFIELD,  JAMES  S.  ROLLINS, 

J.  S.  JACKSON,  J.  W.  MENZIES, 

H.  GRIDER,  THOS.  L.  PRICE, 

JOHN  S.  PHELPS,  G.  W.  DUNLAP, 

FRANCIS  THOMAS,  WM.  A.  HALL. 

REPLY   OF  THE  MINORITY. 

WASHINGTON,  July  15, 1862. 

MR.  PRESIDENT  :  The  undersigned,  Members  of 
Congress  from  the  Border  States,  in  response  to 
your  address  of  Saturday  last,  beg  leave  to  say 
that  they  attended  a  meeting  on  the  same  day 
the  address  was  delivered  for  the  purpose  of  con 
sidering  the  same.  The  meeting  appointed  a 
committee  to  report  a  response  to  your  address. 
That  report  was  made  on  yesterday,  and  the  ac 
tion  of  the  majority  indicated  clearly  that  the 
response  reported,  or  one  in  substance  the  same, 
would  be  adopted  and  presented  to  you. 

Inasmuch  as  we  cannot,  consistently  with  our 
own  sense  of  duty  to  the  country,  under  the  ex 
isting  perils  which  surround  us,  concur  in  that 
response,  we  feel  it  to  be  due  to  you  and  to  our 
selves  to  make  to  you  a  brief  and  candid  answer 
over  our  own  signatures. 

We  believe  that  the  whole  power  of  the  Gov 
ernment,  upheld  and  sustained  by  all  the  influ 
ences  and  means  of  all  loyal  men  in  all  sections, 
and  of  all  parties,  is  essentially  necessary  to  put 
down  the  rebellion  and  preserve  the  Union  and 
the  Constitution.  We  understand  your  appeal 
to  us  to  have  been  made  for  the  purpose  of  secur 
ing  this  result.  A  very  large  portion  of  the  peo 
ple  in  the  Northern  States  believe  that  slavery  is 
the  u  lever-power  of  the  rebellion."  It  matters 
not  whether  this  belief  be  well-founded  or  not. 
The  belief  does  exist,  and  we  have  to  deal  with 
things  as  they  are,  and  not  as  we  would  have 
them  to  be.  In  consequence  of  the  existence  of 
this  belief,  we  understand  that  an  immense  pres 
sure  is  brought  to  bear  for  the  purpose  of  strik 
ing  down  this  institution  through  the  exercise 
of  military  authority.  The  Government  cannot 
maintain  this  great  struggle  if  the  support  and 
influence  of  the  men  who  entertain  these  opin 
ions  be  withdrawn.  Neither  can  the  Government 
hope  for  early  success  if  the  support  of  that  ele 
ment  called  "  conservative,"  be  withdrawn. 

Such  being  the  condition  of  things,  the  Presi 
dent  appeals  to  the  Border  State  men  to  step 


;  forward  and  prove  their  patriotism  by  making 
|  the  first  sacrifice.  No  doubt,  like  appeals  have 
been  made  to  extreme  men  in  the  North  to  metn, 
us  half-way,  in  order  that  the  whole  moral,  polit 
ical,  pecuniary,  and  physical  force  of  the  nation 
may  be  firmly  and  earnestly  united  in  one  grani 
effort  to  save  the  Union  and  the  Constitution. 

Believing  that  such  were  the  motives  that 
prompted  your  address,  and  such  the  results  to 
which  it  looked,  we  cannot  reconcile  it  to  our 
sense  of  duty,  in  this  trying  hour,  to  respond  in 
a  spirit  of  fault-finding  or  querulousness  over  the 
things  that  are  past.  We  are  not  disposed  to 
seek  for  the  cause  of  present  misfortunes  in  the 
errors  and  wrongs  of  others  who  now  propose  to 
unite  with  us  in  a  common  purpose.  But,  on 
the  other  hand,  we  meet  your  address  in  the 
spirit  in  which  it  was  made,  and,  as  loyal  Amer 
icans,  declare  to  you  and  to  the  world  that  there 
is  no  sacrifice  that  we  are  not  ready  to  make  to 
save  the  government  and  institutions  of  our 
fathers. 

That  we,  few  of  us  though  there  may  be,  will 
permit  no  men,  from  the  North  or  from  the  South, 
to  go  further  than  we  in  the  accomplishment  of 
the  great  work  before  us.  That,  in  order  to  car 
ry  out  these  views,  we  will,  so  far  as  may  be  in 
our  power,  ask  the  people  of  the  Border  States, 
calmly,  deliberately,  and  fairly  to  consider  your 
recommendations.  We  are  the  more  emboldened 
to  assume  this  position  from  the  fact,  now  be 
come  history,  that  the  leaders  of  the  Southern 
rebellion  have  offered  to  abolish  slavery  among 
them  as  a  condition  to  foreign  intervention  in 
favor  of  their  independence  as  a  nation. 

If  they  can  give   up  slavery  to  destroy  the 
Union,  we  can  surely  ask  our  people  to  consider 
the  question  of  emancipation  to  save  the  Union. 
With  great  respect,  your  obedient  servants, 
JOHN  W.  NOELL,  WILLIAM  G.  BROWN, 

SAM.  S.  CASEY,  JACOB  B.  BLAIR, 

GEORGE  P.  FISHER,         W.  F.  WILLEY, 
A.  J.  CLEMENTS. 

REPLY  OF  MR.   MAYNARD  OF  TENN. 

HOUSE  OF  REPRESENTATIVES,  July  16, 1862. 

SIR:  The  magnitude  and  gravity  of  the  propo 
sition  submitted  by  you  to  representatives  from 
the  slave  States  would  naturally  occasion  diver 
sity,  if  not  contrariety,  of  opinion.  You  will  not, 
therefore,  be  surprised  that  I  have  not  been  able 
to  concur  in  view  with  the  majority  of  them. 
This  is  attributable,  possibly,  to  the  fact  that  my 
State  is  not  a  Border  State,  properly  so  called, 
and  that  my  immediate  constituents  are  not  yet 
disenthralled  from  the  hostile  arms  of  the  rebel 
lion.  This  fact  is  a  physical  obstacle  in  the  way 
of  my  now  submitting  to  their  consideration  this 
or  any  other  proposition  looking  to  political  ac 
tion,  especially  such  as,  in  this  case,  would  re 
quire  a  change  in  the  organic  law  of  the  State. 

But  do  not  infer  that  I  am  insensible  to  your 
appeal.  I  am  not.  You  arc  surrounded  with 
difficulties  far  greater  than  have  embarrassed 
any  of  your  predecessors.  You  need  the  sup 
port  of  every  American  citizen,  and  you  ought  to 


374 


REBELLION   RECORD,   1862-63. 


have  it,  active,  zealous,  and  honest.  The  union 
of  every  Union  man  to  aid  you  in  preserving  the 
Union,  is  the  duty  of  the  time.  Differences  as 
to  policy  and  methods  must  be  subordinated  to 
the  common  purpose. 

In  looking  for  the  causes  of  this  rebellion,  it  is 
natural  that  each  section  and  each  party  should 
ascribe  as  little  blame  as  possible  to  itself,  and 
as  much  as  possible  to  its  opponent  section  and 
party.  Possibly  you  and  I  might  not  agree  on  a 
comparison  of  our  views.  That  there  should  be 
differences  of  opinion  as  to  the  best  mode  of  con 
ducting  our  military  operations,  and  the  best 
men  to  lead  our  armies,  is  equally  natural.  Con 
tests  on  such  questions  weaken  ourselves  and 
strengthen  our  enemies.  They  are  unprofitable, 
and  possibly  unpatriotic.  Somebody  must  yield, 
or  we  waste  our  strength  in  a  contemptible  strug 
gle  among  ourselves. 

You  appeal  to  the  loyal  men  of  the  slave  States 
to  sacrifice  something  of  feeling  and  a  great  deal 
of  interest.  The  sacrifices  they  have  already 
made,  and  the  sufferings  they  have  endured,  give 
the  best  assurance  that  the  appeal  will  not  have 
been  made  in  vain.  He  who  is  not  ready  to 
yield  all  his  material  interests,  and  to  forego  his 
most  cherished  sentiments  and  opinions  for  the 
preservation  of  his  country,  although  he  may 
have  perilled  his  life  on  the  battle-field  in  her  de 
fence,  is  but  half  a  patriot.  Among  the  loyal 
people  that  I  represent  there  are  no  half-patriots. 

Already  the  rebellion  has  cost  us  much,  even 
to  our  undoing ;  we  are  content,  if  need  be,  to 
give  up  the  rest  to  suppress  it.  We  have  stood 
by  you  from  the  beginning  of  this  struggle,  and 
we  mean  to  stand  by  you,  God  willing,  till  the 
end  of  it. 

I  did  not  vote  for  the  resolution  to  which  you 
allude,  solely  for  the  reason  that  at  the  time  I 
was  absent  at  the  capital  of  my  own  State.  It  is 
right. 

Should  any  of  the  slave  States  think  proper 
to  terminate  that  institution,  as  several  of  them, 
I  understand,  or  at  least  some  of  their  citizens 
propose,  justice  and  a  generous  comity  require 
that  the  country  should  interpose  to  aid  it  in  les 
sening  the  burden,  public  and  private,  occasioned 
by  so  radical  a  change  in  its  social  and  industrial 
relations. 

I  will  not  now  speculate  upon  the  effect,  at 
home  or  abroad,  of  the  adoption  of  your  policy, 
nor  inquire  what  action  of  the  rebel  leaders  has 
rendered  something  of  the  kind  important.  Your 
whole  s.-\ministration  gives  the  highest  assurance 
that  you  are  moved,  not  so  much  from  a  desire 
to  see  all  men  everywhere  made  free,  as  from  a 
far  higher  desire  to  preserve  free  institutions  for 
the  benefit  of  men  already  free ;  not  to  make 
slaves  freemen,  but  to  prevent  freemen  from 
being  made  slaves ;  not  to  destroy  an  institution, 
which  a  portion  of  us  only  consider  bad,  but  to 
save  institutions  which  we  all  alike  consider 
good.  I  am  satisfied  you  would  not  ask  from 
any  of  your  fellow-citizens  a  sacrifice,  not  in 
your  judgment,  imperatively  required  by  the 
safety  of  the  country. 


This  is  the  spirit  of  your  appeal,  and  I  respond 
to  it  in  the  same  spirit. 

I  am,  very  respectfully,  your  obed't  servant, 
HORACE  MAYNAKD. 
To  the  President. 

REPLY  OP  SENATOR  HENDERSON,  OP  MO. 

WASHINGTON  CITY,  Monday,  July  21,  1862. 

MR.  PRESIDENT:  The  pressure  of  business  in 
the  Senate  during  the  last  few  days  of  the  session 
prevented  my  attendance  at  the  meetings  of  tho 
Border  State  members,  called  to  consider  youi 
proposition  in  reference  to  gradual  emancipation 
in  our  States. 

It  is  for  this  reason  only,  and  not  because  I  fail 
to  appreciate  their  importance  or  properly  respect 
your  suggestions,  that  my  name  does  not  appear 
to  any  of  the  several  papers  submitted  in  response. 

I  may  also  add  that  it  was  my  intention,  when 
the  subject  came  up  practically  for  considera 
tion  m  the  Senate,  to  express  fully  my  views  in 
regard  to  it.  This,  of  course,  would  have  ren 
dered  any  other  response  unnecessary.  But  the 
want  of  time  to  consider  the  matter,  deprived  me 
of  that  opportunity,  and  lest  now  my  silence  be 
misconstrued,  I  deem  it  proper  to  say  to  you 
I  am  by  no  means  indifferent  to  the  great  ques 
tions  so  earnestly,  and,  as  I  believe,  so  honestly 
urged  by  you  upon  our  consideration. 

The  Border  States,  so  far,  are  the  chief  suffer 
ers  by  this  war,  and  the  true  Union  men  of  those 
States  have  made  the  greatest  sacrifices  for  the 
preservation  of  the  Government.  This  fact  does 
not  proceed  from  mismanagement  on  the  part  of 
the  Union  authorities,  or  a  want  of  regard  for  our 
people,  but  it  is  the  necessary  result  of  the  war 
that  is  upon  us.  Our  States  are  the  battle-fields. 
Our  people,  divided  among  themselves,  maddened 
by  the  struggle,  and  blinded  by  the  smoke  of  bat 
tle,  invited  upon  our  soil  contending  armies — the 
one  to  destroy  the  Government,  the  other  to  main 
tain  it.  The  consequence  to  us  is  plain.  The 
shock  of  the  contest  upturns  society  and  desolates 
the  land.  We  have  made  sacrifices,  but  at  least 
they  were  only  the  sacrifices  demanded  by  duty, 
and  unless  we  are  willing  to  make  others,  indeed, 
any  that  the  good  of  the  country,  involved  in  the 
overthrow  of  treason,  may  exact  at  our  hands, 
our  title  to  patriotism  is  not  complete. 

When  you  submitted  your  proposition  to  Con 
gress,  in  March  last,  "  that  the  United  States 
ought  to  cooperate  with  any  State  which  may 
adopt  a  gradual  abolishment  of  slavery,  giving  to 
such  State  pecuniary  aid,  to  be  used  by  such 
State  in  its  discretion,  to  compensate  for  the  in 
conveniences,  public  and  private,  produced  by 
such  change  of  system,"  I  gave  it  a  most  cheerful 
support,  and  I  am  satisfied  it  would  have  received 
the  approbation  of  a  large  majority  of  the  Border 
State  delegation  in  both  branches  of  Congress,  if, 
in  the  first  place,  they  had  believed  the  war,  with 
its  continued  evils— the  most  prominent  of  which, 
in  a  material  point  of  view,  is  its  injurious  effect 
on  the  institution  of  slavery  in  our  States — could 
possibly  have  been  protracted  for  another  twelve 
months ;  and  if,  in  the  second  place,  they  had  felt 


DOCUMENTS. 


375 


assured  that  the  party  having  the  majority  in 
Congress  would,  like  yourself,  be  equally  prompt 
in  practical  action  as  in  the  expression  of  a  senti 
ment.  While  scarcely  any  one  doubted  your 
own  sincerity  in  the  premises,  and  your  earnest 
wish  speedily  to  terminate  the  war,  you  can 
readily  conceive  the  grounds  for  differences  of 
opinion  where  conclusions  could  only  be  based 
upon  conjecture. 

Believing,  as  I  did,  that  the  war  was  not  so 
near  its  termination  as  some  supposed,  and  feel 
ing  disposed  to  accord  to  others  the  same  sincerity 
of  purpose  that  I  should  claim  for  myself  under 
similar  circumstances,  I  voted  for  the  proposition. 
I  will  suppose  that  others  were  actuated  by  no 
sinister  motives. 

In  doing  so,  Mr.  President,  I  desire  to  be  dis 
tinctly  understood  by  you,  and  by  my  constitu 
ents.  I  did  not  suppose  at  the  time  that  I  was 
personally  making  any  sacrifice  by  supporting 
the  resolution,  nor  that  the  people  of  my  State 
were  called  upon  to  make  any  sacrifice,  either  in 
considering  or  accepting  the  proposition,  as  they 
saw  fit.  I  agreed  with  you  in  the  remarks  con 
tained  in  the  Message  accompanying  the  resolu 
tion,  that  "the  Union  must  be  preserved,  and 
hence  all  indispensable  means  must  be  employ 
ed."  .  .  .  War  has  been  and  continues  to  be 
an  indispensable  means  to  this  end.  A  practical 
reacknowledgment  of  the  National  authority 
would  render  the  war  unnecessary,  and  it  would 
at  once  cease.  If,  however,  resistance  continues, 
the  war  must  also  continue ;  and  it  is  impossible 
to  foresee  all  the  incidents  which  may  attend,  and 
all  the  ruin  which  may  follow  it.  It  is  truly 
"impossible"  to  foresee  all  the  evils  resulting 
from  a  war  so  stupendous  as  the  present.  I  shall 
be  much  rejoiced  if  something  more  dreadful  than 
the  sale  of  freedom  to  a  few  slaves  in  the  Border 
States  shall  not  result  from  it.  If  it  closes  with 
the  Government  of  our  fathers  secure,  and  con 
stitutional  liberty  in  all  its  purity  guaranteed,  to 
the  white  man,  the  result  will  be  better  than  that 
having  a  place  in  the  fears  of  many  good  men  at 
present,  and  much  better  than  the  past  history 
of  such  revolutions  can  justify  us  in  expecting. 

In  this  period  of  the  nation's  distress,  I  know 
of  no  human  institution  too  sacred  for  discussion ; 
no  material  interest  belonging  to  the  citizen  that 
he  should  not  willingly  place  upon  the  altar  of 
his  country,  if  demanded  by  the  public  good. 
The  man  who  cannot  now  sacrifice  party  and 
put  aside  selfish  considerations  is  more  than  half 
disloyal.  Such  a  man  does  not  deserve  the 
blessings  of  good  government.  Pride  of  opinion, 
based  upon  sectional  jealousies,  should  not  be 
permitted  to  control  the  decision  of  any  political 
question.  These  remarks  are  general,  but  apply 
w^.h  peculiar  force  to  the  people  of  the  Border 
States  at  present. 

Let  us  look  at  our  condition.  A  desolating  war 
is  upon  us.  We  cannot  escape  it  if  we  would. 
If  the  Union  armies  were  to-day  withdrawn  from 
the  Border  States,  without  first  crushing  the  re 
bellion  in  the  South,  no  rational  man  can  doubt 
for  a  moment  that  the  adherents  of  the  Union 


cause  in  those  States  would  soon  be  driven  in 
exile  from  their  homes  by  the  exultant  rebels, 
who  have  so  long  hoped  to  return  and  take  ven 
geance  upon  us. 

The  people  of  the  Border  States  understand 
very  well  the  unfriendly  and  selfl:h  spirit  exer 
cised  toward  them  by  the  leaders  of  the  Cotton 
State  rebellion,  beginning  some  time  previous  to 
its  outbreak.  They  will  not  fail  to  remember 
their  insolent  refusal  to  counsel  with  us,  and  their 
haughty  assumption  of  responsibility  upon  them 
selves  for  their  misguided  action.  Our  people 
will  not  soon  forget  that  while  declaring  against 
coercion,  they  closed  their  doors  against  the  ex 
portation  of  slaves  from  the  Border  States  into 
the  South,  with  the  avowed  purpose  of  forcing 
us  into  rebellion  through  fears  of  losing  that  spe 
cies  of  property.  They  knew  very  well  the  ef 
fect  to  be  produced  on  slavery  by  a  civil  war,  es 
pecially  in  those  States  into  which  hostile  armies 
might  penetrate,  and  upon  the  soil  of  which  the 
great  contests  for  the  success  of  Republican  Gov 
ernment  were  to  be  decided.  They  wanted  some 
intermediate  ground  for  the  conflict  of  arms  — 
territory  where  the  population  would  be  divided. 
They  knew,  also,  that  by  keeping  slavery  in  the 
Border  States,  the  mere  "  friction  and  abrasion  " 
to  which  you  so  appropriately  allude,  would 
create  a  constant  irritation,  resulting  necessarily 
from  the  frequent  losses  to  which  the  owners 
would  be  subjected.  They  also  calculated  large 
ly,  and  not  without  reason,  upon  the  repugnance 
of  non-slaveholders  in  those  States  to  a  free  negro 
population.  In  the  mean  time  they  intended 
persistently  to  charge  the  overthrow  of  slavery  to 
be  the  object  of  the  Government,  and  hostility  to 
this  institution  the  origin  of  the  war.  By  this 
means  the  unavoidable  incidents  of  the  strife 
might  easily  be  charged  as  the  settled  purposes 
of  the  Government.  Again :  it  was  well  under 
stood  by  these  men  that  exemplary  conduct  on 
the  part  of  every  officer  and  soldier  employed  by 
the  Government  could  not  in  the  nature  of  things 
be  expected,  and  the  hope  was  entertained,  upon 
the  most  reasonable  grounds,  that  every  commis 
sion  of  wrong  and  every  omission  of  duty  would 
produce  a  new  cause  for  excitement,  and  a  new 
"ncentive  to  rebellion. 

By  these  means  the  war  was  to  be  kept  in  the 
Border  States,  regardless  of  our  interests,  until 
an  exhausted  treasury  should  render  it  necessary 
to  send  the  tax-gatherer  among  our  people,  to 
take  the  little  that  might  be  left  them  from  the 
devastations  of  war.  They  then  expected  a 
clamor  for  peace  by  us,  resulting  in  the  inter 
ference  of  France  and  England,  whose  operatives 
in  the  mean  time  would  be  driven  to  want,  and 
whose  aristocracy  have  ever  been  ready  to  wel 
come  a  dissolution  of  the  American  Union. 

This  cunningly  devised  plan  for  securing  a 
Gulf  Confederacy,  commanding  the  mouths  of 
the  great  Western  rivers,  the  Gulf  of  Mexico, 
and  the  Southern  Atlantic  Ocean,  with  their  own 
erritory  unscathed  by  the  horrors  of  war,  and 
surrounded  by  the  Border  States,  half  of  whose 
population  would  be  left  in  sympathy  with  them 


376 


REBELLION  RECORD,  1862-63. 


for  many  years  to  come,  owing  to  the  irritation 
to  which  I  have  alluded,  has  so  far  succeeded 
too  well. 

In  Missouri  they  have  already  caused  us  to 
lose  a  third  or  more  of  the  slaves  owned  at  the 
time  of  the  last  census.  In  addition  to  this,  I 
can  make  no  estimate  of  the  vast  amount  of 
property  of  every  character,  that  has  been  de 
stroyed  by  military  operations  in  the  State.  The 
loss  from  general  depreciation  of  values,  and  the 
utter  prostration  of  every  business  interest  of  our 
people,  is  wholly  beyond  calculation.  The  experi 
ence  of  Missouri  is  but  the  experience  of  other 
sections  of  the  country  similarly  situated.  The 
question  is,  therefore,  forced  upon  us :  "  How 
long  is  the  war  to  continue ;  and  if  continued, 
as  it  has  been  on  our  soil,  aided  by  the  treason 
and  folly  of  our  own  citizens,  acting  in  concert 
with  the  confederates,  how  long  can  slavery,  or, 
if  you  please,  any  other  property  interest,  sur 
vive  in  our  States  ?" 

As  things  now  are,  the  people  of  the  Border 
States  yet  divided,  we  cannot  expect  an  immedi 
ate  termination  of  the  struggle,  except  upon 
condition  of  Southern  independence,  losing  there 
by  the  control  of  the  Lower  Mississippi.  For 
this,  we  in  Missouri  are  not  prepared,  nor  are  we 
prepared  to  become  one  of  the  confederate  States, 
phould  the  terrible  calamity  of  dissolution  occur. 
This,  I  presume,  the  Union  men  of  Missouri 
would  resist  to  the  death.  And  whether  they 
should  do  so  or  not,  I  will  not  suppose  for  an  in 
stant  that  the  Government  of  the  United  States 
would,  upon  any  condition,  submit  to  the  loss 
of  territory  so  essential  to  its  future  commercial 
greatness  as  is  the  State  of  Missouri.  But  should 
all  other  reasons  fail  to  prevent  such  a  misfor 
tune  to  the  people  of  Missouri,  there  is  one  that 
cannot  fail.  The  confederates  never  wanted  us 
and  would  not  have  us.  I  assume,  therefore, 
that  the  war  will  not  cease,  but  will  be  continued 
until  the  rebellion  shall  be  overcome.  It  cannot 
and  will  not  cease,  so  far  as  the  people  of  Mis 
souri  are  concerned,  except  upon  condition  of 
our  remaining  in  the  Union,  and  the  whole  West 
will  demand  the  entire  control  of  the  Mississippi 
River  to  the  Gulf.  Our  interest  is,  therefore, 
bound  up  with  the  interests  of  those  States 
maintaining  the  Union,  and  especially  with  the 
great  States  of  the  West,  that  must  be  consulted 
in  regard  to  the  terms  of  any  peace  that  may  be 
suggested,  even  by  the  nations  of  Europe,  should 
they  at  any  time  unfortunately  depart  from  their 
former  pacific  policy,  and  determine  to  intervene 
in  our  affairs. 

The  war,  then,  will  have  to  be  continued  until 
the  Union  shall  be  practically  restored.  In  this 
alone  consists  the  future  safety  of  the  Border 
States  themselves.  A  separation  of  the  Union 
is  ruinous  to  them.  The  preservation  of  the 
Union  can  only  be  secured  by  continuation  of 
war.  The  consequences  of  that  continuation 
may  be  judged  of  by  the  experience  of  the  last 
twelve  months.  The  people  of  my  State  are  as 
competent  to  pass  judgment  in  the  premises  as  I 


am.     I   have  every  confidence   in  their  intelli 
gence,  their  honesty,  and  their  patriotism. 

In  your  own  language,  the  proposition  you 
make  "sets  up  no  claim  of  a  right  by  Federal 
authority  to  interfere  with  slavery  within  the 
State  limits,  referring  as  it  does  the  absolute 
control  of  the  subjects  in  each  case  to  the  State 
and  its  people  immediately  interested.  It  is 
proposed  as  a  matter  of  perfectly  free  choice 
with  them." 

In  this  view  of  the  subject,  I  can  frankly  say  to 
you,  that,  personally,  I  never  could  appreciate 
the  objections  so  frequently  urged  against  the 
proposition.  If  I  understood  you  properly,  it 
was  your  opinion,  not  that  slavery  should  be  re 
moved  in  order  to  secure  our  loyalty  to  the 
Government,  for  every  personal  act  of  your  ad 
ministration  precludes  such  an  inference,  but 
you  believe  that  the  peculiar  species  of  property 
was  in  imminent  danger  from  the  war  in  which 
we  were  engaged,  and  that  common  justice  de 
manded  remuneration  for  the  loss  of  it.  You 
then  believed,  and  again  express  the  opinion, 
that  the  peculiar  nature  of  the  contest  is  such, 
that  its  loss  is  almost  inevitable,  and  lest  any 
pretext  for  a  charge  of  injustice  against  the 
Government  be  given  to  its  enemies,  you  propose 
to  extend  to  the  people  of  those  States  standing 
by  the  Union,  the  choice  of  payment  for  their 
slaves  or  the  responsibility  of  loss,  should  it 
occur,  without  complaint  against  the  Govern 
ment. 

Placing  the  matter  in  this  light,  (a  mere  re 
muneration  for  losses  rendered  inevitable  by  tha 
casualties  of  war,)  the  objection  of  a  con'stitu^ 
tional  character  may  be  rendered  much  less  for 
midable  in  the  minds  of  Northern  Representa 
tives,  whose  constituents  will  have  to  share  in 
the  payment  of  the  money,  and  so  far  as  the 
Border  States  are  concerned,  this  objection 
should  be  most  sparingly  urged,  for  it  being  a 
matter  entirely  of  their  "own  free  choice,"  in 
case  of  a  desire  to  accept,  no  serious  argument 
will  likely  be  urged  against  the  receipt  of  the 
money,  or  a  fund  for  colonization.  But,  aside 
from  the  power  derived  from  the  operations  of 
war,  there  may  be  found  numerous  precedents 
in  the  legislation  of  the  past,  such  as  grants  of 
land  and  money  to  the  several  States,  for  speci 
fied  subjects  deemed  worthy  by  the  Federal  Con 
gress.  And,  in  addition  to  this,  may  be  cited  a 
deliberate  opinion  of  Mr.  Webster  upon  this 
very  subject,  in  one  of  the  ablest  arguments  of 
his  life. 

I  allude  to  this  question  of  power  merely  in 
vindication  of  the  position  assumed  by  me,  in 
my  vote  for  the  resolution  of  March  last.  In 
your  last  communication  to  us,  you  beg  of  us 
"to  commend  this  subject  to  the  consideration 
of  our  States  and  people."  While  I  entirely 
differ  with  you  in  the  opinion  expressed,  that 
had  the  members  from  the  Border  States  ap 
proved  of  your  resolution  of  March  last,  "  the 
war  would  now  be  substantially  ended."  and 
while  I  do  not  regard  the  suggestion  "  as  one  of 


DOCUMENTS. 


377 


the  most  potent  and  swift  means  of  ending  "  the 
war,  I  am  yet  free  to  say,  that  I  have  the  most 
unbounded  confidence  in  your  sincerity  of  pur 
pose  in  calling  our  attention  to  the  dangers  sur 
rounding  us.  I  am  satisfied  that  you  appreciate 
the  troubles  of  the  Border  States,  and  that  your 
suggestions  are  intended  for  our  good.  I  feel 
the  force  of  your  urgent  appeal,  and  the  logic 
of  surrounding  circumstances  brings  conviction 
even  to  an  unwilling  believer.  Having  said  that 
in  my  judgment  you  attached  too  much  import 
ance  to  this  measure  as  a  means  for  suppressing 
the  rebellion,  it  is  due  to  you  that  I  should  ex 
plain. 

Whatever  may  be  the  status  of  the  Border 
States  in  this  respect,  the  war  cannot  be  ended 
until  the  power  of  the  Government  is  made  man 
ifest  in  the  seceded  States.  They  appealed  to 
the  sword  ;  give  them  the  sword.  They  asked 
for  war  ;  let  them  see  its  evils  on  their  own  soil. 
They  have  erected  a  government,  and  they  force 
obedience  to  its  behests.  This  structure  must 
be  destroyed ;  this  image,  before  which  an  un 
willing  people  have  been  compelled  to  bow,  must 
be  broken.  The  authority  of  the  Federal  Gov 
ernment  must  be  felt  in  the  heart  of  the  rebel 
lious  district.  To  do  this  let  armies  be  marched 
upon  them  at  once,  and  let  them  feel  what  they 
have  inflicted  on  us  in  the  Border.  Do  not  fear 
our  States  ;  we  will  stand  by  the  Government  in 
this  work. 

I  ought  not  to  disguise  from  you,  or  the  peo 
ple  of  my  State,  that,  personally,  I  have  fixed 
and  unalterable  opinions  on  the  subject  of  your 
communication.  Those  opinions  I  shall  com 
municate  to  the  people  in  that  spirit  of  frank 
ness  that  should  characterize  the  intercourse  of 
the  representative  with  his  constituents.  If  I 
were  to-day  the  owner  of  the  lands  and  slaves 
of  Missouri,  your  proposition,  so  far  as  that 
State  is  concerned,  would  be  immediately  ac 
cepted.  Not  a  day  would  be  lost.  Aside  from 
public  considerations,  which  you  suppose  to  be 
involved  in  the  proposition,  and  which  no  patriot, 
I  agree,  should  disregard  at  present,  my  own  per 
sonal  interest  would  prompt  favorable  and  imme 
diate  action. 

But  having  said  this,  it  is  proper  that  I  say 
something  more.  The  representative  is  the  serv 
ant  and  not  the  master  of  the  people.  He  has 
no  authority  to  bind  them  to  any  course  of  ac 
tion,  or  even  to  indicate  what  they  will  or  will 
not  do  when  the  subject  is  exclusively  theirs  and 
not  his.  I  shall  take  occasion,  I  hope  honestly, 
to  give  my  views  of  existing  troubles  and  im 
pending  dangers,  and  shall  leave  the  rest  to 
them — disposed,  as  I  am,  rather  to  trust  their 
judgment  upon  the  case  stated  than  my  own, 
and  at  the  same  time,  most  cheerfully  to  ac 
quiesce  in  their  decision. 

For  you,  personally,  Mr.  President,  I  think  I 
can  pledge  the  kindest  considerations  of  the  peo 
ple  of  Missouri,  and  I  shall  not  hesitate  to  ex 
press  the  belief  that  your  recommendation  wiln  ed 
be  considered  by  them  in  thr  same  spirit  of 
kindness  manifested  by  you  in  its  presentation 


to  us,  and  that  their  decision  will  be  such  as  is 
demanded  "  by  their  interests,  their  honor,  and 
their  duty  to  the  whole  country." 

I  am,  very  respectfully,  your  obedient  servant, 
J.  B.  HENDERSON. 

To  his  Excellency,  A.  LINCOLN, 

President. 


Doc.  69. 
SPIRIT  OF  THE  CATHOLIC  CHURCH. 

LETTER  OF  THE  BISHOP  OP  CHARLESTON.! 

CHARLESTON,  S.  C.,  August  4, 1861. 

MOST  REVEREND  DEAR  SIR  :  The  mails  are  so 
completely  paralyzed  that  it  is  hard  to  get  a  let 
ter  from  outside  the  Confederacy.  Papers  are 
scarcely  ever  seen.  That,  however,  Jefferson 
would  think  a  blessing,  on  the  ground  that  "he 
who  is  simply  ignorant  is  wiser  than  the  one  that 
believes  error."  A  paragraph,  which  has  gone 
the  rounds  of  the  Southern  papers,  states  that 
your  grace  has  spoken  strongly  against  the  war 
policy  of  the  Government  of  the  United  States,  as 
fraught  with  much  present  suffering,  and  not 
calculated  to  attain  any  real  advantage.  What 
a  change  has  come  over  these  States  since  I 
wrote  you  a  long  letter  last  November,  and  even 
since  I  had  the  pleasure  of  seeing  you  last  March. 
All  that  I  anticipated  in  that  letter  has  come  to 
pass,  and  more  than  I  looked  for.  All  the  hopes 
cherished  last  spring  of  a  peaceful  solution  have 
vanished  before  the  dread  realities  of  war.  What 
is  still  before  us  ?  Who  can  say  ?  Missouri, 
Maryland,  and  Kentucky  are  nearer  secession 
now  than  Virginia,  North-Carolina,  and  Tennes 
see  were  four  months  ago.  Missouri  is  a  battle 
field.  I  think  that  President  Davis,  after  the 
victory  at  Stone  Bridge,  will  probably,  as  his  next 
move,  throw  a  column  into  Maryland.  Kentucky 
will,  ere  long,  be  drawn  into  the  struggle,  and 
the  United  States  will,  in  less  than  ten  months, 
be  divided  into  two  not  unequal  parts,  marshal 
ling  hundreds  of  thousands  of  men  against  each 
other. 

This  war  is  generally  dated  from  the  bombard 
ment  of  Fort  Sumter.  There  we  fired  the  first 
gun,  and  the  responsibility  is  charged  on  us. 
But,  in  reality,  that  responsibility  tails,  should 
fall,  on  those  who  rendered  the  conflict  unavoid 
able.  The  South  years  ago,  and  a  hundred  times, 
declared  that  the  triumph  of  the  abolition  or 
anti-slavery  policy  would  break  up  the  Union. 
They  were  in  earnest.  When  that  party,  appeal 
ing  to  the  people  on  the  Chicago  platform,  elect 
ed  their  candidate  by  every  free  State  vote,  (ex 
cepting  New- Jersey,  wh*ch  was  divided,)  South- 
Carolina  seceded,  and  other  States  were  prepar 
ing  to  do  so.  They  were  in  earnest.  Ir^et,  as 
the  people  disbelieved  it,  or  heeded  it  not  at  the 
ballot-boxes,  so  Congress  heeded  it  not  at  Wash 
ington,  and  stood  doggedly  on  the  Chicago  plat 
form,  indorsed  by  the  people.  This  consummat- 
secession.  The  confederate  government  was 
formed.  The  dogged  obstinacy  of  the  Black  Re 
publicans  at  Washington  last  winter  made  all 


378 


REBELLION  RECORD,  1862-63. 


the  South  secessionists.  Still  there  was  peace. 
The  new  administration  professed  an  intention  to 
preserve  it.  Peace  gave  time,  and  time  can 
work  wonders.  The  confederate  government  did 
not  put  much  faith  in  those  professions.  The 
same  hallucination  as  to  their  power,  which 
rendered  the  Black  Republicans  arrogant  and  im 
practicable  in  Congress,  would,  it  was  apprehend 
ed,  lead  them  to  attempt  to  crush  out  secession 
by  force.  And  nothing  was  left  undone  to  be 
prepared  for  this  event  should  it  occur.  Mean 
while  commissioners  were  at  Washington  to  ar 
range  a  peaceful  separation.  Favorable  intima 
tions  were  privately  given  them,  and  they  had 
hopes  of  success.  Nine  governors,  however,  it 
is  said,  put  the  screws  on  the  Cabinet,  which  re 
solved  on  a  war  policy,  and  as  silently  as  they 
could,  made  warlike  naval  preparations.  Then, 
after  a  month,  the  commissioners  were  refused 
admission  or  dismissed,  and  it  was  plainly  an 
nounced  that  there  would  be  no  negotiation.  At 
this  time  other  facts  were  coming  to  light  here  in 
Charleston,  where  our  batteries  had  for  a  month 
and  more  silently  looked  on  Fort  Sumter.  Dur 
ing  the  time  of  peaceful  professions,  two  special 
messengers  (Fox  and  Lamon)  from  President 
Lincoln  visited  Fort  Sumter.  Before  being  al 
lowed  to  go  thither  they  gave  their  word  of  honor 
to  our  Governor  that  their  object  was  really 
peaceful.  The  hotel  conversation  of  the  latter 
was  very  frank,  it  is  said.  Gentlemen  here  sup 
posed  that  President  Lincoln,  before  ordering  the 
evacuation,  wished,  by  these  personal  friends,  to 
see,  as  it  were,  personally,  and  not  simply  to 
learn  through  official  channels,  how  matters 
stood  in  Fort  Sumter.  When  time  rolled  by 
without  such  an  order,  and  it  was  rumored  that 
the  Cabinet  had  succumbed  to  the  pressure  of 
the  Governors,  the  mails  were  stopped  to  and 
from  Fort  Sumter.  Among  the  letters  seized 
was  one  from  Major  Anderson  to  President  Lin 
coln,  discussing  the  details  of  the  plan  of  reen- 
forcement  forwarded  to  him  from  Washington  by 
those  messengers.  Our  authorities  were  thus 
made  aware  of  the  breach  of  faith  toward  them, 
and  of  the  details  of  the  plan  itself.  Then  came 
the  special  messenger  of  the  President,  announc 
ing  that  he  intended  re-victualling  the  Fort,  quietly, 
if  permitted,  forcibly,  if  resisted ;  then  the  ac 
count  of  the  sailing  of  the  fleet  from  New- York. 
The  Fort  was  at  once  attacked  and  taken  without 
awaiting  their  arrival.  The  attack  was  not  made 
until  the  offer  of  negotiation  and  peaceful  ar 
rangement  had  been  rejected,  and  until  the 
United  States  Government  was  in  the  act  of  send 
ing  an  armed  force.  But  it  is  of  little  use  now 
to  inquire  on  whom  the  responsibility  properly 
rests,  we  have  the  war  on  us,  with  all  its  loss  of 
life,  and  long  train  of  evils  of  every  kind.  It  is 
the  latest,  perhaps  the  strongest  instance  history 
gives  us,  quam  pnrwi  sapientia  regitur  mundus. 
Here  was  a  country,  vast,  populous,  prosperous, 
and  blessed  in  its  material  interests,  if  any  coun 
try  was.  The  South  producing  cotton,  tobacco, 
sugar,  rice,  and  naval  stores  for  the  supply,  as 
far  as  needed,  of  the  North  and  the  North- West, 


to  the  value  of  perhaps  fifty  million  dollars  a 
year,  and  exporting  to  foreign  countries  over 
two  hundred  and  twenty  million  dollars;  the 
North-West  producing  chiefly  grain  and  supply 
ing  the  North  and  the  South,  and  when  the  Eu 
ropean  crops  failed,  having,  as  last  winter,  a  large 
European  market ;  the  North,  manufacturing  and 
supplying  the  South  and  the  North-West,  and 
struggling  to  compete  with  foreign  goods  abroad, 
and  doing  the  trading  and  commerce  of  the  South 
and  the  North-West. 

Could  the  material  interests  of  all  the  sections 
be  more  harmoniously  and  advantageously  com 
bined  than  in  this  Union,  where  each  was  free  to 
develop  to  the  fullest  extent  those  branches  of 
industry  in  which  it  could  excel,  and  could  draw 
from  the  others  those  products  which  it  needed, 
but  could  not  produce  as  well  or  as  cheaply  as 
they  could  ?  Even  a  child  could  see  the  vast 
benefits  to  all  from  this  mutual  cooperation.  No 
wonder  that  in  all  material  interests  the  country 
was  prospering  to  an  extent  that  intoxicated  us 
and  astonished  the  world.  We  claimed  to  be 
preeminently  sagacious  in  money  matters.  The 
Yankees,  I  believe,  ranked  next  after  the  Chinese, 
in  their  keenness  in  business  ;  yet  they  especial 
ly,  with  an  inconceivable  blindness,  have  origin 
ated,  fostered,  and  propagated  a  fanatical  party 
spirit  which  has  brought  about  a  result  foretold 
from  the  beginning,  both  North  and  South,  as 
the  inevitable  consequence  of  its  success.  Taking 
up  anti-slavery,  making  it  a  religious  dogma,  and 
carrying  it  into  politics,  they  have  broken  up  the 
Union.  While  it  was  a  mere  intellectual  opinion 
they  might  discuss  it  as  they  pleased ;  they  might 
embrace  it  as  they  did  any  other  ism.  Even 
their  virulent  abuse  and  misrepresentation  we 
scarcely  heeded,  provided  they  did  not  obtrude 
them  on  us  at  home.  They  might  even  carry  it 
into  religion,  and  split  their  associations  and 
churches  on  it.  We,  as  Catholics,  might  every 
where  smile  at  this  additional  attempt  to  "  re 
form"  the  teachings  of  our  Saviour.  And  the 
Protestants,  South,  could  have  churches  and  as 
sociations  of  their  own.  But  when  they  carried 
it  into  politics,  gaining  one  State  government 
after  another,  and  defining  their  especial  policy 
by  unconstitutional  laws  and  every  mode  of  an 
noying  and  hostile  action,  and  finally,  with  in 
creased  enthusiasm  and  increased  bitterness,  car 
rying  the  Presidential  election  in  triumph,  and 
grasping  the  power  of  the  Federal  Government, 
what  could  the  South  do  but  consult  its  own 
safety  by  withdrawing  from  the  Union  ?  What 
other  protection  had  they  ?  The  Senate,  which 
had  still  a  Democratic  majority  ?  They  had  seen 
the  House  of  Representatives  pass  into  the  hands 
of  their  enemies,  and  each  session  saw  an  in 
creasing  majority  there.  The  Executive  had 
gone  for  four  years.  Their  own  majority  in  the 
Senate  was  dwindling  fast,  while  on  the  Territori 
al  question  not  a  few  of  the  Northern  Democrats 
were  unsound.  To  the  Supreme  Court  ?  That 
had  spoken  in  the  Dred  Scott  decision.  But  even 
the  Democratic  party  in  convention  would  not 
sustain  it,  and  the  Black  Republicans  scouted  it ; 


DOCUMENTS. 


379 


and  moreover,  in  a  few  years,  President  Lincoln 
would  have  the  privilege  of  placing  on  the  bench 
new  judges  from  the  ranks  of  his  party.  To  the 
sober  second  thought  of  the  people  ?  But  this 
was  no  new  issue  on  which  they  were  taken  by 
surprise.  For  years  and  years  it  had  been  dis 
cussed  ;  North  and  South  it  had  been  denounced 
as  fraught  with  disunion  and  ruin  ;  and  yet  the 
Northern  people  had  gradually  come  to  accept  it. 
But  the  South  had  spoken  so  often  and  so  strong 
ly  of  disunion,  without  doing  any  thing,  that  the 
Northern  people  had  no  real  belief  that  any  evil 
consequences  would  ensue  ;  they  did  not  under 
stand  the  full  bearing  of  their  action.  At  least, 
let  them  understand  something  of  this  before  all 
hope  of  appeal  to  them  is  abandoned.  Well, 
South-Carolina  seceded — other  States  were  pre 
paring  to  follow  her.  The  matter  was  taken  up 
in  Congress.  Many  Southerners  hoped  that  then, 
when  the  seriousness  of  the  questions  could  no 
longer  be  doubted,  something  might  be  done. 
How  vainly  they  hoped,  the  committees  of  Con 
gress  showed.  The  alternative  was  thus  forced 
on  the  South,  either  of  tame  submission  or  of  re 
sistance.  They  did  not  hesitate.  They  desired 
to  withdraw  in  peace.  This  war  has  been  forced 
upon  them. 

It  was  unnecessary  in  the  beginning.  It  brings 
ruin  to  thousands  in  its  prosecution.  It  will  be 
fruitless  of  any  good.  At  its  conclusion  the  par 
ties  will  stand  apart  exhausted  and  embittered 
by  It ;  for  every  battle,  however  won  or  lost,  will 
have  served  but  to  widen  the  chasm  between  the 
North  and  South,  and  to  render  more  difficult,  if 
not  impossible,  any  future  reconstruction.  Will 
it  be  a  long  war,  or  a  short  and  mighty  one? 
The  Cabinet  and  the  Northern  press  has  pro 
nounced  for  the  last.  Yet  this  is  little  more  than 
an  idle  dream.  What  could  four  hundred  thou 
sand  men  do  ?  I  do  not  think  there  is  a  General 
on  either  side  able  to  fight  fifty  thousand  men. 
And  the  North  would  need  eight  or  ten  such 
generals.  Certainly  the  forty  thousand  under 
McDowell,  after  five  hours'  fighting,  fought  on 
mechanically  without  any  generalship.  The  high 
er  officers  had  completely  lost  the  guiding  reins. 
On  our  side  the  Southern  troops  ought  to  have 
been  in  Washington  within  forty-eight  hours. 
But  the  forty  thousand  on  the  confederate  side 
was,  I  apprehend,  too  unwieldy  a  body  for  our 
generals.  Did  not  Bonaparte  say,  that :  "  Not  one 
of  his  marshals  could  general  fifty  thousand  men 
in  battle.  Soult  could  bring  them  to  the  field, 
and  place  them  properly,  but  could  go  no  further." 
But  without  generals,  what  could  four  hundred 
thousand  men  do  4igainst  the  South  ?  By  force 
of  numbers,  and  at  great  loss,  they  might  take 
city  after  city.  But  unless  they  left  large,  per 
manent  garrisons,  their  authority  would  die  out 
with  the  sound  of  their  drums.  Such  an  army 
marching  through  a  country  covered  with  forests 
and  thickets,  and  occupied  by  a  population  hos-  j 
tile  to  a  man,  and  where  even  schoolboys  can  i 
"  bark  a  squirrel,"  would  be  decimated  every ! 
hundred  miles  of  its  progress  by  a  guerrilla  war-  j 
fare,  against  which  it  could  find  no  protection.  ! 


This  mode  of  attacking  the  South  can  effect 
nothing  beyond  the  loss  of  life  it  will  entail,  and 
the  temporary  devastation  that  will  mark  the 
track  of  the  armies. 

But  it  is  probable  that  circumstances  would 
again,  as  they  have  done,  overrule  the  designs  of 
the  Washington  Cabinet,  and  make  the  war  slow, 
long,  and  expensive — one  to  be  decided,  less  by 
battles  than  by  the  resources  and  endurance  of 
the  combatants. 

That  portion  of  the  former  United  States  will 
suffer  most  in  such  a  contest  and  must  finally  sue- 
cumb  which  is  least  able  to  dispense  with  the 
support  it  received  from  the  other  two  sections. 
How  the  North  can  do  without  our  Southern 
trade  I  presume  it  can  judge  after  three  or  four 
months'  trial.  But  it  would  seem  that  the  fail 
ure  to  sell  to  the  South  one  hundred  and  twenty 
millions  of  their  manufactures  each  year,  the 
stoppage  of  so  much  of  their  shipping  interest  as 
was  engaged  in  the  two  hundred  and  twenty  mil 
lions  of  our  foreign  exports  and  the  return  im 
portations,  and  in  our  internal  coasting  trade,  to 
gether  with  the  loss  of  the  profits  and  commis 
sions  on  so  vast  a  business,  must  have  a  very  se 
rious  effect,  one  that  I  see  no  way  of  escaping. 
Truly,  the  North  has  to  pay  dearly  for  its  whis 
tle  of  Black  Republicanism.  The  North- West  de 
pended  partially  on  the  South  for  a  market  for 
its  productions,  and  so  far  will  suffer  from  the 
loss  of  it.  It  must  also  be  incidentally  affected 
by  commercial  embarrassments  at  the  North. 
They  will  assuredly  have  enough  to  eat  and  to 
wear,  but  the  "fancy"  prices  of  real  estate  and 
stocks,  by  which  they  computed  their  rapidly 
increasing  wealth,  must  fall  in  a  way  to  astonish 
Wall  street.  Should  their  own  crops  fail,  as  they 
sometimes  do,  or  should  the  European  crops  be 
abundant,  their  commerce  will  fall.  Yet,  as  the 
mass  of  the  poor  will  have  all  that  they  ever  get 
anywhere — food  and  raiment,  and  that  without 
stint — the  North-West  will  suffer  comparatively 
little. 

How  will  it  fare  with  the  South  should  the  war 
be  long  and  so  powerfully  waged  as  to  require 
the  Southern  confederation  to  keep — say  one  hun 
dred  thousand  men — in  arms,  and  if  the  ports 
are  strictly  blockaded?  This  is  an  important 
question,  and  one  that  can  be  answered  only  from 
a  practical  knowledge  of  the  habits,  resources, 
and  dispositions  of  the  Southern  people.  Our 
needs  will  be  provisions,  clothing,  money  for  the 
governmental  and  war  expenses,  and  for  the  pur 
chase  from  abroad  of  what  we  absolutely  require, 
and  are  not  already  supplied  with.  As  for  pro 
visions,  I  am  satisfied  that  this  season  we  are 
gathering  enough  for  two  years'  abundant  sup 
ply.  Every  one  is  raising  corn,  wheat  and  stock. 
On  this  point  the  South  need  not  envy  the  North- 
West.  Again,  manufactures  of  every  kind  are 
springing  up  on  all  sides.  In  this  State  we  are 
providing  for  our  wants — from  lucifer  matches 
and  steam-engines  to  powder  and  rifled  cannon. 
Clothing,  too,  though  of  a  ruder  texture,  and 
sometimes  inferior  quality,  is  abundantly  made 
and  easily  procured.  The  supply  of  tea  and  cof- 


380 


REBELLION  RECORD,  1862-63. 


fee  will,  I  presume,  in  time  run  out.  This  will 
put  us  to  some  trouble,  but  otherwise,  neither 
for  provisions  nor  for  clothes,  will  the  South  be 
seriously  inconvenienced.  The  blacks  (by  the  by 
more  quiet  and  orderly  now,  if  possible,  than 
before)  will  remain  devoted  to  agriculture,  while 
the  rapidly  increasing  demand  for  home  produc 
tions  of  every  kind  gives  ready  employment  to 
the  poorer  classes  of  the  whites.  What  amount 
of  gold  and  silver  there  is  within  the  confederate 
States  I  can  only  guess  at — I  suppose  about  twen 
ty-five  million  dollars.  But  as  the  greater  part  of 
our  expenses  are  at  home,  any  currency  we  are 
satisfied  to  use  will  do,  whether  bank  bills,  con 
federate  bonds  or  treasury  notes.  When  we  go 
abroad,  it  must  be  with  gold  or  with  cotton. 
This  last  is  the  spinal  column  of  our  financial 
system.  The  following  is  the  proposed  mode  of 
operating  with  it:  Two  millions,  or  two  and  a 
half  of  bales  will  be  conveyed  to  the  confederate 
government,  to  be  paid  for  in  bonds  or  treasury 
notes.  This  cotton  will  be  worth,  at  ordinary 
prices,  one  hundred  millions  of  dollars.  If  it 
can  be  exported  at  once,  it  is  so  much  gold.  If 
it  is  retained,  it  will  form  the  security  for  any 
loan  that  may  be  required  abroad.  The  other 
third  of  the  cotton  will  be  sold  by  the  planters 
as  best  they  can  on  their  own  account.  The 
chief  difficulty  is  the  blockade,  which  may  pre 
vent  the  export  and  sale  abroad  of  the  cotton. 
A  loan  on  it  as  security,  while  it  is  still  unshipped, 
and  scattered  in  the  interior  in  numberless  small 
warehouses,  could  not  easily  be  effected. 

Up  to  the  present  time,  and  for  six  months 
more,  the  blockade,  so  far  from  doing  any  serious 
injury,  has,  on  the  contrary,  benefited,  and  will 
continue  to  benefit  the  South,  forcing  us  to  be 
active,  and  to  do  for  ourselves  much  that  we  pre 
ferred  formerly  to  pay  others  to  do  for  us.  I  pre 
sume  that  next  January,  with  a  crop  of  three  and 
a  half  or  four  millions  of  bales  on  hand,  the  South 
would  become  very  restive  under  a  strict  blockade. 
Should  it  continue  twelve  months  longer,  property 
at  the  South  would  go  down  as  they  say  it  has  in 
New-York. 

But  before  that  time  comes  another  very  serious 
complication  arises — how  England  and  France  will 
stand  the  cutting  off  of  the  supply  of  an  article 
on  which  depend  two  thirds  of  the  manufacturing 
interests  of  the  one,  and  one  third  of  those  of  the 
other  ?  They  cannot,  try  they  never  so  much, 
supply  the  deficiency.  As  far  as  the  feelings  of 
England  are  concerned,  and,  I  presume,  those  of 
France,  too,  both  nations  are  decidedly  and  bit 
terly  anti-slavery  ;  but  neither  will  be  guilty  of 
the  mistake  of  the  North,  and  utterly  sacrifice 
vast  interests  for  the  sake  of  a  speculative  idea. 
If  they  find  that  they  cannot  do  without  Southern 
cotton,  they  will  interfere,  first  probably  to  make 
peace,  and  if  that  effort  fails,  then  in  such  other 
manner  as  will  secure  for  them  what  will  be  a 
necessity.  Mr.  Seward's  letter  to  Dayton,  and 
its  reception  in  Europe,  the  transportation  of 
troops  to  Canada,  and  Admiral  Milne's  declaration 
as  to  the  inefficiency  of  the  blockade  are  straws 
already  showing  the  possible  course  of  future 


events.  Is  the  Federal  Government  strong  enough 
for  a  war  with  England  and  France  in  addition  to 
that  with  the  South  ? 

One  other  warlike  course  remains — to  capture 
and  hold  all  the  Southern  ports,  and  thus  seek  to 
control  commerce  independent  of  secession,  leav 
ing  the  interior  of  the  South  to  fret  and  fume  as 
it  pleases.  This  is  the  problem  of  belling  the  cat. 
The  Northern  forces  would  have  to  capture  Nor 
folk,  Charleston,  Savannah,  Wilmington,  N.  C., 
Pensacola,  Mobile,  New-Orleans,  and  Galveston, 
besides  some  fifteen  other  smaller  points.  At  each 
of  them  they  would  find  a  Stone  bridge  ;  and  even 
if  they  succeeded,  they  could  only  hold  military 
possession  and  be  ever  in  arms  against  the  attacks 
of  the  State  authorities.  Peace  would  never  be 
established  by  any  such  course.  It  would  not 
be  successful,  and  even  if  successful,  it  would 
only  hamper  the  South — it  would  never  subju 
gate  it. 

The  separation  of  the  Southern  States  is  unfait 
accompli.  The  Federal  Government  has  no  power 
to  reverse  it.  Sooner  or  later  it  must  be  recog 
nized.  Why  preface  the  recognition  by  a  war 
equally  needless  and  bloody  ?  Men  at  the  North 
may  regret  the  rupture  as  men  at  the  South  may 
do.  The  Black  Republicans  overcame  the  first  at 
the  polls,  and  would  not  listen  to  the  second  in 
Congress,  when  the  evil  might  have  been  repaired. 
They  are  responsible.  If  there  is  to  be  fighting, 
let  those  who  voted  the  Black  Republican  ticket 
shoulder  their  muskets  and  bear  the  responsibil 
ity.  Let  them  not  send  Irishmen  to  fight  in  their 
stead,  and  then  stand  looking  on  at  the  conflict, 
when,  in  their  heart  of  hearts,  they  care  little 
which  of  the  combatants  destroys  the  other. 

Most  reverend  dear  sir,  I  am  surprised  and 
somewhat  ashamed  of  the  length  to  which  my  pen 
has  run.  But  the  night  is  hot — too  hot  for  sleep. 
I  arose  from  my  couch,  and  have  spent  a  couple 
of  hours  speaking  to  you  as  frankly  and  unreserv 
edly  as  you  have  ever  'kindly  allowed  me  to  do. 
A  trip  to  New -York  would  be  very  agreeable  for 
more  reasons  than  one.  But  that  is  impossible. 
Next  to  that  I  would  like  to  see  a  file  of  the  Re 
cord.  That,  too,  is  impossible.  Nothing  seems 
now  to  span  the  chasm  but  that  bridge  of  Catholic 
union  and  charity  of  which  your  grace  spoke  so 
eloquently  last  St.  Patrick's  day. 

I  must  thank  you,  too  for  your  article  in  my 
defence  against  Tracy.  He  was  a  poor  man  with 
a  growing  family,  whom  at  Rev.  Mr.  O'Connell's 
instance,  Bishop  Reynolds  allowed  to  live  on  a 
place  in  Newberry  district,  belonging  to  him,  rent 
free,  and  as  an  act  of  charity. e  I  did  not  trouble 
him.  He  says  I  saw  him  there  once,  years  ago. 
Perhaps  so  ;  I  do  not  remember.  The  first  time 
I  remember  seeing  him  was  here  in  Charleston, 
after  his  expulsion.  He  was  driven  off  because 
he  was  suspected  for  years,  and  charged  by  the 
neighbors  with  stealing  and  buying  stolen  goods 
habitually — was  once  tried  and  convicted — and 
afterward,  they  were  satisfied,  continued  the  prac 
tice. 

Commending  myself  to  your  holy  sacrifices,  1 
have  the  honor  to  remain,  most  reverend  deal 


DOCUMENTS. 


381 


sir,  your  Grace's  sincere  and  respectful  son  in 
t  P.  N.  LYNCH,  D.D.,  S.  C. 

LETTER  OP  THE  ARCHBISHOP   OP  NEW-YORK. 

NEW-YOUK,  August  23, 1861. 

RIGHT  REV.  DEAR  SIR  :  I  have  received  your 
letter  of  the  fourth  inst.  How  it  reached  I  can 
hardly  conjecture ;  but  it  came  to  hand  within 
about  the  usual  period  required  for  the  transmis 
sion  of  mail  matter  between  Charleston  and  New- 
York,  during  happier  years,  when  all  the  States, 
North  and  South,  found  their  meaning  in  the 
words,  "E  Pluribus  Unum." 

It  must  have  run  the  blockade  or  dodged  the 
pickets  on  hostile  borders.  I  have  read  it  with 
very  deep  interest,  increased,  if  any  thing,  by  the 
perils  of  flood  and  field  through  which  it  must 
have  passed. 

If  even  the  innocent  lightning  of  the  North  were 
permitted  to  carry  a  message  into  Southern  lati 
tudes,  I  would  telegraph  you  for  permission  to 
publish  your  calm  and  judicious  communication. 
As  it  is,  however,  my  only  chance  of  acknowledg 
ing  it  is  through  the  Metropolitan  Record,  and 
without  special  permission  publish  your  letter  at 
the  same  time.  In  this  way  it  may  happen  that 
during  the  war,  or  afterward,  my  answer  will 
come  under  your  inspection.  Yours  is,  in  my 
judgment  one  of  the  most  temperate  views  of  the 
present  unhappy  contest  that  has  ever  come  under 
my  notice  from  any  son  of  South-Carolina.  It  is 
not  to  be  inferred,  however,  that  because  I  admire 
so  much  the  calmness  of  its  tone  and  temper,  I 
therefore  agree  with  all  its  arguments  and  specu 
lations. 

You  say  I  am  "  reported  to  have  spoken 
strongly  against  the  war  policy  of  the  Government 
of  the  United  States,  as  fraught  with  much  pre 
sent  suffering,  and  not  calculated  to  obtain  any 
real  advantage."  Be  assured  that  previous  to  the 
outbreak  of  military  violence,  I  was  most  ardently 
desirous  of  preserving  peace  and  union,  but  since 
violence,  battle,  and  bloodshed  have  occurred,  I 
dare  not  hope  for  peace  unless  you  can  show  me 
a  foundation  of  rock  or  solid  ground  (but  no 
quicksand  basis)  on  which  peace  can  be  reestab 
lished.  The  nature  of  your  ministry  and  mine 
necessarily  implies  that  we  should  be  the  friends 
of  peace.  It  was  the  special  legacy  of  our  divine 
Master  to  his  flock.  And  it  would  be  strange  if 
we,  his  appointed  ministers,  should  be  found  in 
the  ranks  of  its  enemies.  His  words  were,  as  we 
find  in  St.  John  :  "Peace  I  leave  to  you,  my  peace 
I  give  to  you  ;  not  as  the  world  giveth  do  I  give 
to  you."  And  yet  St.  Paul,  in  writing  to  the 
Christian  converts  of  Rome,  says  :  "  If  it  be  pos 
sible,  as  much  as  it  is  in  you,  have  peace  with  all 
men."  I  think  this  latter  inspired  quotation  has 
at  least  a  remote  bearing  on  our  present  sad  dif 
ficulties. 

Your  explanations  of  the  causes  which  have 
led  to  this  war  are  entirely  Southern  in  their  pre 
mises  and  conclusions.  But  they  are  so  mild,  and 
even  plausibly  stated,  that  I  leave  them  uncon- 
troverted.  Your  description  of  the  evils  resulting 
S.  D.  24. 


from  the  war  is  too  correct  to  be  gainsaid  by  me. 
Still,  here  we  are  in  the  midst  of  a  sanguinary 
contest,  which,  so  far  as  I  can  see,  like  a  hurri 
cane  on  the  ocean,  must  exhaust  its  violence  be 
fore  we  can  expect  the  return  of  national  calm. 
There  is  no  one  who  desires  more  ardently  than 
I  do  the  advent  of  that  bright  day  on  which  we 
shall  all  be  reunited  in  one  great,  prosperous,  and 
happy  country. 

Instead  of  controverting  the  correctness  of  youi 
views  in  regard  to  the  causes  of  our  actual  trou 
bles,  or  determining  where  or  on  whom  the  re 
sponsibility  of  their  existence  rests,  I  shall  beg 
leave  to  make  my  own  statement  from  a  point  of 
view  which  is  found  in  the  general  sentiment  of 
the  people  north  of  Mason  and  Dixon's  line. 

They  say  that  whatever  may  have  been  the 
anterior  origin  of  this  war,  its  immediate  cause 
was  the  overt  act  of  turning  guns,  put  in  place 
by  the  State  of  South-Carolina,  against  a  public 
military  defence  of  the  country  at  large,  which 
of  right  belonged  to  all  the  States  in  common. 
Then  it  is  thought,  or  at  least  stated,  in  these 
quarters  that  the  South,  for  many  years  past, 
would  not  be  satisfied  with  less  than  a  paramount 
control  of  the  Federal  Government.  The  South, 
it  is  well  known,  has  been  in  a  fretful  mood  for 
many  years  under.  Northern  assaults,  made  upon 
her  civil  and  domestic  institutions.  It  would  be, 
on  my  part,  very  uncandid  to  disguise  the  con 
viction  that  in  this  respect  the  South  has  had 
much  reason  to  complain.  Leaving,  however, 
opinions  to  fluctuate  as  they  may,  I  will  simply 
give  you  my  own  as  to  the  primary  causes  of  our 
present  strife. 

You  know  that  free  speech  and  a  free  press  are 
essential  constituents  of  the  first  notions  of  An 
glo-Saxon  liberty.  These  were  the  Shibboleth 
of  its  existence,  prosperity,  and  prospects.  In 
the  exercise  of  these  peculiar  privileges  the  North 
of  this  country  has  used  its  type^  and  its  tongue 
offensively  against  the  South.  Neither  was  the 
South  backward  in  the  work  of  retaliation  on  the 
same  principle.  But  the  Anglo-Saxon,  whether 
of  the  South  or  of  the  North,  would  see  the 
whole  world  set  in  a  blaze  rather  than  put  limits 
to  the  freedom  of  the  press  or  the  unbridled  li 
cense  of  the  tongue,  except  when  the  laws  inter 
pose  for  the  protection  of  public  authority  or  in 
dividual  rights  of  character  and  property. 

At  the  commencement  of  our  national  institu 
tion  as  an  independent  State,  slavery,  for  in 
stance,  was  found  to  exist,  almost  universally, 
in  the  North  as  well  as  in  the  South.  The  word 
itself  was  not  used  in  any  of  the  paragraphs 
found  in  the  Magna  Charta  of  our  government. 
The  slave-trade  from  the  western  coast  of  Africa 
had  been  encouraged  by  the  subjects  and  ths 
government  of  Great  Britain.  The  government 
of  England  did  not  hesitate  to  affix  its  veto  on 
some  of  the  enactments  made  by  the  recognized 
local  authorities  of  the  colonies,  for  the  diminu 
tion  of  the  slave-trade.  It  would  appear  that 
from  this  trade,  so  abominable  in  its  primary  ori 
gin,  there  were  certain  emoluments  accruing  to 
the  treasury  of  the  mother  country.  And  these 


882 


REBELLION"  RECORD,  1862-3. 


emoluments  were  looked  to  as  a  source  of  reve 
nue,  just  as  some  countries  in  Europe,  in  their 
sovereign  capacity,  monopolize  the  largest  por 
tion  of  profits  resulting  from  commerce  in  salt 
and  tobacco. 

After  the  Revolution  slavery  was  gradually 
dispensed  with  in  all  the  Northern  States. 
Whether  this  was  done  from  what  would  now 
appear  a  sense  of  humanity,  or  from  motives  of 
domestic  or  political  lucre,  it  will  be  for  you,  as 
for  me,  a  private  right  to  determine,  each  ac 
cording  to  his  own  opinion.  But  slavery  was  a 
social  element  recognized  in  all  the  States  at  the 
period  of  the  Revolution.  So  far  the  changes 
that  have  supervened  in  reference  to  slavery  have 
have  been  all  in  the  North,  and  the  South  is  to 
day  as  to  this  matter  in  statu  quo,  just  as  she 
was  at  the  period  of  the  Declaration  of  Independ 
ence.  The  Northern  States,  in  the  exercise  of 
their  acknowledged  right,  repudiated  slavery 
within  their  own  borders.  The  Southern  States, 
in  the  equal  exercise  of  theirs,  have  done  just 
the  reverse.  The  North,  unrepenting  of  many 
sins  of  its  own,  has  exhibited  great  remorse  for 
the  sins  of  its  neighbors.  A  portion  of  its  in 
habitants  talk  in  a  certain  style,  not  only  of  this 
subject,  but  of  a  great  many  others,  about  nation 
al  sins  which,  according  to  its  solution  of  Pagan 
ethics  or  of  Christian  duty,  every  human  being 
is  bound  to  correct.  Yet  the  biggest  sin  in  our 
day  known  to  the  North  is  not  what  occurs  in 
its  own  immediate  neighborhood  or  State,  but 
the  monster  iniquity  of  the  South,  which,  be 
tween  you  and  me,  and  as  the  world  goes,  might 
have  been  permitted  to  manage  its  own  affairs  in 
its  own  way,  so  that  its  acts  should  be  found 
either  in  harmony  with,  or  not  in  violation  of, 
the  Constitution  of  the  United  States. 

I  am  an  advocate  for  the  sovereignty  of  every 
State  in  the  Union  within  the  limits  recognized 
and  approved  of  by  its  own  representative  au 
thority  when  the  Constitution  was  agreed  upon. 
As  a  consequence,  I  hold  that  South-Carolina 
has  no  State  right  to  interfere  with  the  internal 
affairs  of  Massachusetts.  And,  as  a  further  con 
sequence,  that  Massachusetts  has  no  right  to  in 
terfere  with  South-Carolina,  or  its  domestic  and 
civil  affairs,  as  one  of  the  sovereign  States  of  this 
now  threatened  Union.  But  the  Constitution 
having  been  by  the  common  consent  of  all  the 
sovereign  parties  engaged  in  the  framework  and 
approval  thereof,  I  maintain  that  no  State  has  a 
right  to  secede,  except  in  the  manner  provided  for 
in  the  document  itself. 

The  revolt  of  the  colonies  against  the  authority 
of  Great  Britain  is  quite  another  thing.  If  Eng 
land  had  extended  to  these  colonies  the  common 
rights  and  privileges  nominally  secured  by  the 
British  constitution,  we  have  high  authority  for 
believing  that  the  colonies  would  not  have  gone, 
at  least  when  they  did,  into  rebellion.  Indeed, 
it  might  be  assei  ced  and  maintained  that  it  was 
not  the  Americans,  but  the  British  ministry  and 
government,  that  supplied  legitimate  reasons  for 
the  American  Revolution. 

Ill  the  present  case  it  would  be  difficult,  by 


parity  of  reasoning,  to  justify  the  grounds   on 
which  the  South  have  acted. 

I  think  a  few  remarks  will  satisfy  you  of  the 
correctness  of  this  statement.  You  say  that  for 
many  years  the  South  has  proclaimed  its  dissatis 
faction,  and  announced  its  determined  purpose 
of  secession,  if  certain  complaints  should  not  be 
attended  to  and  their  causes  redressed  ;  that  the 
South  was  all  the  time  in  earnest,  and  the  North 
would  never  believe  in  their  sincerity  or  their 
predictions.  This  may  be  so  ;  but  it  gives  me 
an  occasion  to  remark  that  the  Federal  Govern 
ment  as  such  had  given  no  special  reason  for  the 
secession  of  the  South  at  this  time  more  than 
there  was  ten  or  even  fifteen  years  ago.  The 
Personal  Liberty  bill  was  unconstitutional  in  the 
few  States  which  adopted  it.  New-York  was  too 
wise  and  too  patriotic  to  be  caught  in  that  trap. 
The  so-called  Personal  Liberty  bill  was  never 
adopted,  so  far  as  documents  are  evidence,  either 
directly  or  indirectly,  by  the  Government  at 
Washington.  Indeed,  I  am  not  aware  of  any 
statute  passed  by  the  Federal  authority  which 
could  give  the  South  additional  reasons  for  dis 
content  or  complaint  within  the  last  ten  or  fifteen 
years. 

I  have  thus  alluded  to  the  unofficial  causes  for 
Southern  resentment.  Even  in  your  own  letter 
the  cause  alleged  is  the  election  of  the  present 
chief  magistrate.  This  does  not  seem  at  all  suffi 
cient  to  warrant  the  course  which  the  South  has 
adopted. 

The  government  originally  agreed  upon  by  all 
the  States  has  lasted  during  a  period  of  betw  cen 
seventy  and  eighty  years.  During  this  time  its 
executive  administration  was  enjoyed  by  the 
South  for  fifty-two  years.  No  Northern  Presi 
dent  has  ever  been  reflected.  Washington,  Jef 
ferson,  Madison,  Monroe,  and  Jackson  have  each 
discharged  that  office  for  a  term  of  eight  years. 
The  conclusion  is,  then,  that  out  of  seventy  or 
eighty  years  of  the  administration  of  our  Govern 
ment  fifty-two  years  have  inured  to  our  patriotic 
men  of  the  South.  This  fact  involves  the  poten 
tialities  and  powers  of  the  Government  as  having 
been  exercised  by  supremacy  on  the  part  of  the 
South.  The  navy,  the  army,  the  incumbents  of 
the  Supreme  Court,  were  not  ignorant  of  or  in 
sensible  to  this  fact.  Now.  I  put  it  to  your  can 
dor  to  say  whether,  after  such  a  history  of  the 
administration  of  our  country,  the  South  might 
not  have  tolerated  the  occupancy  of  the  presiden 
tial  chair  by  the  present  incumbent,  who,  with 
his  Northern  predecessors  in  that  office,  could 
hardly  expect  to  survive  officially  the  ordinary 
four  years  of  a  Northern  supreme  magistrate  ? 

You  say  that  President  Lincoln  was  elected 
by  Black  Republicans  in  the  North.  I  am  in 
clined  to  think  that  he  was  indirectly  or  nega 
tively  elected  by  Democrats  North  and  South. 
The  Black  Republicans  presented  one  candidate, 
and,  in  order  to  defeat  his  election,  the  Democrats 
North  and  South  presented  three.  If  the  latter 
had  selected  only  one  candidate,  it  is  probable 
that  the  Black  Republicans,  as  you  call  them, 
would  have  been  found  as  minus  h  \l>en,tes.  Bat 


DOCUMENTS. 


383 


when  the  Democrats  distributed  their  votes,  ap 
parently  with  a*view  of  rendering  them  inefficient, 
then,  of  course,  the  one  man  of  choice  was  elect 
ed  over  the  three  candidates  and  competitors  that 
had  been  placed  in  rivalship  with  each  other,  and 
in  the  aggregate  all  against  him  alone.  That  he 
was  constitutionally  elected  under  these  circum 
stances  is  not  denied  either  in  the  South  or  in 
the  North.  Then,  if  so  elected,  he  is  the  Chief 
Magistrate  of  all  the  United  States  of  America, 
and,  by  his  very  oath  of  office,  is  bound  by  their 
common  consent  to  see  that  neither  Maine,  on 
the  North-East,  or  Texas,  on  the  South- West, 
shall  be  permitted  to  overthrow  the  original  Fed 
eral  compact  agreed  upon  in  the  Constitution  of 
this  government.  If  States  shall  be  allowed,  in 
the  face  of  that  Federal  Constitution,  to  kick  over 
the  traces  of  a  common  union,  as  agreed  upon  in 
the  primitive  days  of  our  government,  then  it  is 
difficult  to  see  why  counties  and  townships  and 
villages  may  not  be  at  liberty  to  do  the  same 
thing  just  as  often  as  the  freak  or  fancy  to  do  so 
may  or  shall  have  come  upon  them. 

There  appears  to  be  an  idea  in  the  South  that 
the  Federal  Government  and  the  people  of  the 
North  are  determined  to  conquer  and  subjugate 
them.  This,  I  think,  is  a  great  mistake.  First, 
in  the  sterner  sense  of  the  word  u  conquer,"  it 
seems  to  me  utterly  impossible ;  and,  if  possible, 
I  think  it  would  be  undesirable  and  injurious, 
both  to  the  North  and  to  the  South.  Unles's  I 
have  been  deceived  by  statements  considered  re 
liable,  I  would  say  that  the  mind  of  the  North 
looks  only  to  the  purpose  of  bringing  back  the 
seceded  States  to  their  organic  condition — ante 
bellum. 

There  remains  now  scarcely  a  hope  of  peace, 
and  the  issue  is,  apparently,  that  the  North  must 
triumph  on  the  field  of  Mars,  or  that  the  South 
shall  prove  itself  victorious  on  the  same  bloody 
arena.  But,  after  all,  we  must  not  despair  in 
reference  to  a  corning  peace.  The  idea  of  an 
armistice,  even  for  six  months,  is  now  utterly 
hopeless;  but  I  think  that  the  North,  if  the 
chance  were  presented,  would  be  as  willing  to 
enter  on  terms  of  peace  as  the  South  itself.  Still, 
I  am  bound  to  say,  under  deep  conviction  of  the 
truth,  that  of  both  sections  unhappily  launched 
on  the  swelling  torrent  of  our  domestic  troubles, 
the  North  will  be  the  latter  to  sink  or  swim  in 
the  sanguinary  tide  on  which  both  are  now  afloat. 

You  make  mention  of  the  Commissioners  sent 
to  Washington  at  an  early  period  of  the  struggle, 
with  kind,  fair,  and  liberal  propositions,  as  you 
consider  them,  for  the  arrangement  of  the  whole 
difficulty.  Before  reaching  the  point  of  settle 
ment,  there  would  be  found  a  vast  amount  of 
principle  involved.  Commissioners  should  have 
some  recognized  authority  to  warrant  them  in 
attempting  to  discharge  the  duties  of  their  official 
office.  Those  of  the  South,  in  the  circumstances, 
so  far  as  I  can  see,  had  no  authority  whatever. 

The  people  of  your  region  (when  I  say  people, 
of  course  1  mean  the  voters,  as  commonly  under 
stood  in  this  country)  had  scarcely  been  consult 
ed  OD  this  vital  question.  Their  government, 


so  called,  was  unrecognized  by  any  civil  princi 
pality  on  the  face  of  the  earth.  Commissioners 
presented  themselves  before  the  public  servants 
of  a  Government  universally  recognized  by  all 
nations.  The  terms  of  these  Southern  Commis 
sioners  were  more  of  dictation  than  of  petition. 
The  Government  at  Washington  had  to  chooso 
one  or  another  of  two  alternatives.  The  President 
and  his  Cabinet  might  have  chosen  the  alternative 
of  perjury,  and  acceded  to  the  demands  of  those 
Commissioners,  or  they  might,  as  they  s.urely 
did,  decline  every  official  intercourse  with  them. 

They  chose  the  latter  course.  And  now  it  only 
remains  to  see  whether  the  Government  is  what 
it  calls  itself — the  Government  of  the  United 
States,  or  merely  the  Government  of  a  fraction 
thereof — and  that  fraction  measured  out  to  them 
by  Southern  Commissioners  who  could  not  show 
a  legitimate  title  for  the  commission  which  they 
professed  to  execute. 

You  think  it  hard  and  unnatural  that  foreign 
ers  and  Catholics  should  be  deluded  into  the 
service  of  the  recognized  Federal  Government  in 
order  to  be  immolated  in  the  front  of  battles,  and 
made  food  for  Southern  powder.  If  this  end  were 
a  deliberate  policy  in  the  North,  I  should  scout 
and  despise  it.  I  admit  and  maintain  that  for 
eigners  now  naturalized,  whether  Catholics  or 
not,  ought  to  bear  their  relative  burthen  in  de 
fence  of  the  only  country  on  these  shores  which 
they  have  recognized,  and  which  has  recognized 
them  as  citizens  of  the  United  States. 

Mr.  Russell,  the  correspondent  of  the  London 
Times,  reports  a  conversation  which  he  had  with 
"  a  very  intelligent  Southern  gentleman,  formerly 
editor  of  a  newspaper,"  who  stated,  on  behalf  of 
the  Confederacy — uWell,  sir,  when  things  are 
settled,  we'll  just  take  the  law  into  our  own 
hands.  Not  a  man  shall  have  a  vote  unless  he's 
American  born,  and  by  degrees  we'll  get  rid  of 
these  men  who  disgrace  us."  Mr.  Russell  inquir 
ed  :  "  Are  not  many  of  your  regiments  composed 
of  Germans  and  Irish,  of  foreigners,  in  fact  ?" 
"Yes,  sir." 

This  "  very  intelligent  Southern  gentleman, 
formerly  editor  of  a  newspaper,"  is  certainly  no 
true  representative  of  the  gentlemen  whom  it  was 
my  good  fortune  and  pleasure  to  meet  whenever 
I  travelled  in  the  South.  But  no  matter.  If  the 
statement  be  true,  it  only  shows  that  for  Irish 
and  foreigners  in  general,  the  South  is  nearly  as 
unfriendly  as  the  North  can  be.  It  proves,  far 
ther,  that  so  far  as  the  Irish  are  concerned,  the 
hereditary  calamities  of  their  native  land  follow 
them  up  wherever  they  go,  in  one  form  or  an 
other.  Here,  and  now,  they  are  called  upon  by 
both  sides  to  fight  in  the  battles  of  the  country ; 
and  no  matter  who  triumphs,  they  need  not  look 
for  large  expressions  of  thanks  or  gratitude  from 
either  side.  Still,  whether  in  peace  or  war,  take 
them  for  all  in  all,  they  are  as  true  to  the  coun 
try  as  if  they  had  been  born  on  its  once  free  and 
happy  soil. 

Pardon  me  this  digression,  and  let  me  return 
to  the  other  sentiment,  touching  the  hope  of  a 
prospective  peace. 


384 


REBELLION   RECORD,  1862-63. 


That  word  "  peace"  is  becoming  more  or  less 
familiar  here  in  the  North.  In  a  crisis  like  this, 
it  is  not,  in  my  opinion,  expressive  of  a  sound 
principle  or  a  safe  policy.  Its  meaning  changes 
the  basis  and  the  issue  of  this  melancholy  war. 
If  changed,  it  will  be  a  war,  not  between  the 
South  and  the  North  geographically  considered, 
but  a  war  between  the  two  great  political  parties 
that  divide  the  country.  Instead  of  this  partisan 
hostility,  wise  patriots  should  rival  each  other  in 
restoring  or  preserving  the  Union  as  one  nation, 
its  prosperity  and  the  protection  and  happiness 
of  its  entire  people,  in  all  their  legitimate  rights. 
But  all  this  is  to  be  judged  of  by  others,  and  the 
opinion  of  any  individual  is  of  the  smallest  ac 
count.  If  a  word  of  mine  could  have  the  slight 
est  influence,  I  would  suggest  that  even  whilst 
the  war  is  going  on,  there  might  be  a  convention 
of  the  seceded  States,  held  within  their  own  bor 
ders.  It  might  be  one  representative  appointed 
from  each  of  those  States,  by  the  Governor,  to 
meet  and  examine  the  whole  case  as  it  now  stands 
— arrange  and  draw  up  a  report  of  their  griev 
ances,  or  what  they  consider  such — and  report 
to  their  respective  Governors  the  result  of  their 
deliberations,  and  the  conclusions  at  which  they 
shall  have  arrived. 

The  same  process  might  be  adopted  in  the 
States  that  have  not  seceded,  and  similar  reports 
be  made  to  their  respective  Governors.  This 
would  be  only  a  preparatory  measure  for  some 
thing  more  important.  If  a  better  feeling  or  un 
derstanding  could  be  even  partially  arrived  at,  a 
future  Convention  of  all  the  States  by  their  re 
presentatives  would  have  something  to  act  upon. 
The  difficulties  might  be  investigated  and  pro 
vided  for ;  the  Constitution  might  be  revised  by 
general  consent,  and  if  the  platform — sufficiently 
ample  for  three  millions  at  the  period  when  the 
Constitution  was  formed — is  found  to  be  neither 
of  breadth  nor  strength  to  support  a  population 
of  thirty-three  millions,  wise  and  patriotic  men 
might  suggest,  according  to  the  rules  prescribed 
in  the  original  document,  the  improvements  which 
the  actual  condition  of  the  country  would  seem 
to  require.  The  Constitution  itself,  in  its  letter 
and  spirit,  is  no  doubt  the  same  as  it  was  when 
first  framed ;  but  every  thing  around  has  been 
undergoing  a  change  for  nearly  eighty  years. 

For  a  peace  of  that  kind,  I  would  be  a  very 
sincere,  if  not  an  influential,  advocate.  But  to 
expect  that  a  peace  will  spring  up  by  the  advo 
cacy  of  individuals  in  the  midst  of  the  din  and 
clash  of  arms,  amidst  the  mutually  alienated 
feelings  of  the  people,  and  the  widening  of  the 
breach  which  has  now  separated  them,  would  be, 
in  my  opinion,  hoping  against  hope.  Still  we 
must  trust  that  the  Almighty  will  overrule  and 
direct  the  final  issues  of  this  lamentable  contest. 
I  had  no  intention  to  write  so  long  a  response 
to  your  kind  letter.  Enough,  and  perhaps  more 
than  enough,  has  been  said ;  and  it  only  remains 
for  me  to  add  that  the  Catholic  faith  and  Catholic 
charity  which  unites  us  in  the  spiritual  order 
shall  -emain  unbroken  by  the  booming  of  cannon 
along  the  lines  that  unfortunately  separate  a 


great  and  once  prosperous  community  into  two 
hostile  portions,  each  arrayed  in  military  strife 
against  the  other. 

I  have  the  honor  to  remain,  as  ever,  your  obe 
dient  servant  and  brother  in  Christ, 

t  JOHN, 

Archbishop  of  New-York. 

Right  Rev.  P.  N.  LYNCH, 

Bishop  of  Charleston. 


Doc.  70. 

EVACUATION  OF  PENSACOLA  NAVY- 
YARD,  FORTS,  ETC.* 

REPORT  OP  BRIGK-GEN.  (REBEL)  T.  M.  JONES. 

MOBILE,  January  24,  1S62. 

SIR:  In  accordance  with  your  instructions,  I 
have  the  honor  respectfully  to  tender  the  follow 
ing  report  of  my  evacuation  of  the  forts,  navy- 
yard,  and  position  at  and  near  Pensacola,  Florida: 

On  being  placed  in  command  of  that  place  by 
Brigadier-General  Samuel  Jones,  on  the  ninth  of 
March  last,  his  instructions  were  to  move,  as  fast 
as  my  transportation  would  allow,  the  machinery 
and  other  valuable  property  from  the  navy-yard. 

This  was  kept  up  steadily  until  the  night  of 
the  evacuation.  On  receiving  information  that 
the  enemy's  gunboats  had  succeeded  in  passing 
the  forts  below  New-Orleans,  with  their  power 
ful  batteries  and  splendid  equipments,  I  came  to 
the  conclusion  that  with  my  limited  means  of 
defence,  reduced  as  I  had  been  by  the  withdraw 
al  of  nearly  all  my  heavy  guns  and  ammunition, 
that  I  could  not  hold  them  in  check,  or  make 
even  a  respectable  show  of  resistance.  I  there 
fore  determined,  upon  my  own  judgment,  to 
commence  immediately  the  removal  of  the  bal 
ance  of  my  heavy  guns  and  their  ammunition, 
and  despatched  to  you  for  your  approval,  which 
was  answered  by  one  advising  me  to  continue 
doing  so.  On  receipt  of  General  Lee's  written 
instructions  on  the  subject,  I  pushed  on  the  work 
with  renewed  vigor,  and  night  and  day  kept  up 
the  removal  of  guns  and  valuable  property. 

On  the  afternoon  of  the  seventh  instant  I  re 
ceived  a  despatch  from  your  Adjutant-General, 
stating  that  there  were  a  number  of  mortar  and 
gunboats  off  Fort  Morgan,  and  that  the  Fort  had 
fired  ten  shots  at  them.  Conceiving  that  the 
contingency  named  in  General  Lee's  instructions 
had  arrived,  namely,  to  bring  all  my  available 
force  to  this  point  in  the  event  of  an  attack,  I 
oncluded  to  promptly  leave  my  position.  I 
therefore  sent  to  Montgomery  a  regiment  of  un 
armed  troops.  On  the  next  day  I  ordered  the 
Eighth  Mississippi  regiment,  Lieutenant-Colonel 
Yates  commanding,  to  proceed  at  once  to  this 
place  and  report  to  you,  and  on  the  ninth  I  pre 
pared  my  plans  for  generally  evacuating. 

On  the  night  of  the  eighth  three  companies  of 
cavalry  arrived  from  Montgomery.  With  these, 
and  two  companies  I  already  had,  I  determined 
to  destroy  the  public  property,  etc.,  which  I  had 

*  See  Vol.  I.  REBELLION  RECORD. 


DOCUMENTS. 


385 


not  been  able  to  remove,  and  which  might  prove 
of  bcne-fit  to  the  enemy.  As  the  few  troops  were 
so  disposed  that  any  reduction  in  the  daytime 
would  attract  the  notice  of  the  enemy,  I  merely 
withdrew  the  camp  and  garrison  equipage,  and 
sick,  in  accordance  with  an  order  from  General 
Lee  to  "keep  the  army  mobilized."  On  the 
morning  of  the  ninth,  all  the  work  of  removing 
sick  and  baggage  having  been  completed,  I  pub 
lished  orders  that  my  forces  should  present  them 
selves  to  the  best  advantage  to  the  enemy,  and 
as  soon  as  it  was  dark  they  were  quietly  marched 
out  from  their  camps  and  started  on  the  road  to 
Oakfield.  Sentinels  were  posted  as  usual  on  the 
beach,  and  they  were  withdrawn  one  hour  after 
the  other  troops  had  left.  All  these  instructions 
were  obeyed  to  the  letter,  and  much  to  the  credit 
of  the  comparatively  raw  troops  under  my  com 
mand.  When  my  infantry  were  well  on  the 
road,  and  out  of  range  of  the  enemy's  guns,  the 
cavalry  were  assigned  their  places  to  commence 
the  necessary  destruction,  at  a  signal  previously 
agreed  upon,  to  be  given  from  the  cupola  of  the 
hospital,  and  one  answering  at  the  navy-yard, 
Barrancas,  and  Fort  McRae.  Precisely  at  half- 
past  eleven  o'clock,  when  every  thing  was  per 
fectly  quiet,  both  on  the  enemy's  side  and  ours, 
the  most  painful  duty  it  ever  fell  to  my  lot  to 
perform  was  accomplished,  namel}7",  the  signaliz 
ing  for  the  destruction  of  the  beautiful  place 
which  I  had  labored  so  hard,  night  and  day,  for 
over  two  months,  to  defend,  and  which  I  had 
fondly  hoped  could  be  held  from  the  polluting 
grasp  of  our  insatiate  enemies. 

The  two  blue-lights  set  off  by  Colonel  Tatnall 
and  myself  at  the  hospital  were  promptly  an 
swered  by  similar  signals  from  the  other  points 
designated,  and  scarcely  had  the  signals  disap 
peared  ere  the  public  buildings,  camp-tents,  and 
every  other  combustible  thing  from  the  navy- 
yard  to  Fort  McRae,  was  enveloped  in  a  sheet  of 
flames,  and  in  a  few  moments  the  flames  of  the 
public  property  could  be  distinctly  seen  at  Pen- 
sacola.  The  custom-house  and  commissary  store 
houses  were  not  destroyed,  for  fear  of  endanger 
ing  private  property,  a  thing  I  scrupulously 
avoided.  As  soon  as  the  enemy  could  possibly 
man  their  guns  and  load  them,  they  opened  upon 
us  with  the  greatest  fury,  and  seemed  to  increase 
his  charges  as  his  anger  increased.  But  in  spite 
of  the  bursting  shell,  which  were  thrown  with 
great  rapidity,  and  in  every  direction,  the  cavalry 
proceeded  with  the  greatest  coolness  to  make  the 
work  of  destruction  thorough  and  complete,  and 
see  that  all  orders  were  implicitly  obeyed.  Their 
orders  were  to  destroy  all  the  camp-tents ;  Forts 
McRae  and  Barrancas,  as  far  as  possible ;  the 
hospital,  the  houses  in  the  navy-yard,  the  steam 
er  Fulton,  the  coal  left  in  the  yard ;  all  the  ma 
chinery  for  drawing  out  ships,  the  trays,  shears ; 
in  fact,  every  thing  which  could  be  made  useful 
to  the  enemy.  The  large  piles  of  coal  were  filled 
with  wood  and  other  combustibles,  and  loaded 
shell  put  all  through  it,  so  that,  when  once  on 
fire,  the  enemy  would  not  dare  to  attempt  to  ex 
tinguish  it.  Loaded  shell  were  also  placed  in 


the  houses  for  the  same  purpose,  and  the  few 
small  smooth-bore  guns  I  was  compelled  to  leave 
were  double-shotted,  wedged,  and  spiked,  ar\d 
carnages  chassie  burned.  The  shears  in  the 
navy-yard  were  cut  half  in  two,  and  the  spars 
and  masts  of  the  Fulton  were  cut  to  pieces.  By 
the  most  unremitting  labor  I  succeeded,  with  my 
little  force  and  limited  transportation,  in  saving 
all  the  heavy  guns,  and  nearly  all  the  small  size 
guns.  I  took  away  all  the  flanking  howitzers 
from  Barrancas  and  the  redoubt.  In  removing 
the  large  colurnbiads  from  the  batteries,  which 
were  in  full  view  of  the  enemy's,  I  was  compelled 
to  resort  to  General  Johnston's  plan  of  replacing 
them  with  wooden  imitations,  as  they  were  re 
moved.  All  the  powder  and  most  of  the  large 
shot  and  shell  were  removed ;  the  small  size  shot 
were  buried.  I  succeeded  in  getting  away  all 
the  most  valuable  machinery,  besides  large  quan 
tities  of  copper,  lead,  brass,  and  iron.  Even  the 
gutters,  lightning-rods,  window-weights,  bells, 
pipes,  and  every  thing  made  of  these  valuable 
metals  were  removed;  also  cordage,  blocks,  ca 
bles,  chain-cables,  and  a  large  number  of  very 
valuable  articles  of  this  character,  which  I  cannot 
here  enumerate.  All  the  quartermaster  and 
commissary  stores,  except  such  as  were  not 
worth  the  transportation,  were  sent  away.  As 
soon  as  this  was  completed,  I  set  hands  to  work 
taking  up  the  railroad  iron  at  Pensacola,  and 
others  to  reeling  up  the  telegraph-wires,  under 
the  protection  of  a  strong  guard  of  cavalry,  in 
fantry,  and  one  piece  of  light  artillery. 

Having  received  orders  not  to  destroy  any  pri 
vate  property,  I  only  destroyed  at  Pensacola  a 
large  oil-factory,  containing  a  considerable  quan 
tity  of  rosin,  the  quartermaster's  store-houses, 
and  some  small  boats,  and  three  small  steamers, 
used  as  guard-boats  and  transports.  The  steam 
ers  Mary  and  Helen  were  the  only  private  proper 
ty  of  their  kind  burned.  The  steamboat  Turel, 
which  we  had  been  using  as  a  transport,  was 
sent  up  the  Escambia  River,  she  being  of  very 
light  draft,  well  loaded  with  stores,  machinery, 
etc.,  with  orders  to  cut  down  trees,  and  place 
every  obstruction  possible  in  the  river  behind 
her.  She  has  arrived  safely  at  a  point  I  deem 
beyond  the  enemy's  reach,  and  she  has  been  un 
loaded  of  her  freight.  The  casemates  and  gal 
leys  of  Fort  McRae  were  filled  with  old  lumber, 
and  many  loaded  with  shell  and  fired.  The  gal 
leries  and  implement-rooms  at  Barrancas  were 
similarly  dealt  with,  and  the  destruction  at  both 
places  was  as  complete  as  it  could  be  without 
the  use  of  gunpowder ;  this  I  did  not  deem  it  ne 
cessary  or  proper  to  use  for  this  purpose.  The 
enemy's  furious  cannonade  only  served  to  make 
the  havoc  more  complete.  There  was  no  damage 
done  by  it  to  man  or  horse.  When  it  is  remem 
bered  that  all  this  work  has  been  done  by  a  mere 
handful  of  raw  troops,  with  but  few  arms,  and 
many  of  them  without  any  arms  at  all,  and  this, 
too,  in  the  very  face  of  a  formidable  force,  I  deem 
it  but  simple  justice  to  my  men  to  say  that  the 
conduct  of  each  and  all  of  them  was  worthy  of 
the  highest  praise.  It  not  unfrequently  happen- 


886 


REBELLION  RECORD,  1862-63. 


ed  that  after  standing;  guard  all  night  they  cheer 
fully  labored  all  the  next  day  and  night.  I  have 
not  room  to  make  distinctions  where  all  did  so 
well,  but  I  feel  constrained  to  make  particular 
mention  of  Captain  J.  H.  Nelson,  of  the  Twenty 
seventh  Mississippi  regiment,  who  commanded  a 
Fort  McRae,  the  most  exposed  and  dangerous 
point ;  Major  Kilpatrick,  who  commanded  at  th( 
navy-yard,  and  Lieutenant-Colonel  Conoly,  who 
cornmanded  at  Pensacola.  These  gentlemen  de 
serve  the  greatest  credit  for  their  zeal  and  watch 
fulness  in  the  management  of  their  respective 
stations.  I  feel  that  I  am  also  authorized  in  say 
ing  of  the  Twenty-seventh,  under  Captain  Hays, 
that  during  the  frequent  and  terrible  alarms,  so 
unavoidable  with  new  troops,  it  was  always  cool 
and  ready  for  serious  work.  The  unwearied  ex 
ertions,  both  night  and  day,  of  my  personal  staff- 
officers  have  received  my  personal  thanks,  and  I 
feel  called  upon  to  remark  that  they  deserve 
great  credit,  as  they  were  so  zealous  and  unre 
mitting  in  their  exertions  to  assist  me  in  carrying 
out  my  orders  and  of  serving  the  country,  that  I 
frequently  had  to  insist  on  their  taking  rest,  for 
fear  that  they  would  completely  wear  themselves 
down.  On  the  completion  of  my  work,  I  pro 
ceeded  to  rejoin  my  army  at  Oakfield,  six  miles 
north  of  Pensacola  on  the  railroad,  leaving  five 
companies  of  cavalry  in  command  of  Captain  J. 
T.  Myers,  an  efficient  and  daring  officer,  to  watch 
the  enemy's  movements. 

The  next  morning  I  proceeded,  with  the  Twen 
ty-seventh  Mississippi  regiment,  to  Mobile,  leav 
ing  Lieutenant-Colonel  Conoly  with  the  Twenty- 
ninth  Alabama  regiment ;  and  Lieutenant-Colonel 
Tullen,  with  five  companies  of  Florida  volunteers, 
two  of  which  companies  were  armed,  to  guard 
the  railroad,  whilst  the  iron  was  being  removed. 
I  regret  to  acknowledge  the  receipt  of  a  telegraph 
ic  despatch  from  the  Hon.  Secretary  of  War, 
dated  subsequent  to  my  evacuation,  directing  me 
not  to  burn  the  houses  in  the  navy-yard.  I  re 
ceived  one  from  him  the  day  before  the  evacua 
tion,  directing  me  to  spare  all  private  dwellings 
not  useful  to  the  enemy  for  war  purposes,  which 
Was  done.  The  first-named  despatch  reached 
me  after  my  arrival  in  the  city. 

I  am,  sir,  very  respectfully,  your  obedient  ser 
vant,  THOS.  M.  JONES, 

Acting  Brigadier-General  C.  S.  A. 

To  Brig. -Gen.  JOHN  H.  FORNEY, 

Commanding  Dep't  Ala.  and  W.  Fla. 


Doc.  71. 
REPORT  OF  COLONEL  CROSS, 

OF   THE  OPERATIONS  OF    THE  FIFTH  NEW-HAMPSHIRE 
REGIMENT. 

HEADQUARTERS  FrFTH  NEW-HAMPSHIRE  VOLUNTEERS,  | 

CAMP  ON  BOLIVAR  HEIGHTS,  October  81,  1862.  J 

Governor  Kerry : 

THE  Fifth  regiment  New-Hampshire  volun 
teers  has  now  been  in  service  one  year,  and  it 
seems  proper  that  I  should  present  you  a  state 
ment  of  the  services  of  the  regiment  and  its  pre 
sent  condition. 


The  regiment  completed  its  muster  on  the 
evening  of  October  twenty-sixth,  1801,  and  left 
Concord  on  the  twenty-eighth,  numbering  one 
thousand  and  ten  officers  and  men.  On  the 
thirty-first  we  reached  Bladensburgh,  where  we 
encamped.  On  the  third  of  November,  in  the 
midst  of  a  rain,  and  the  roads  in  very  bad  con 
dition,  we  formed  a  portion  of  Howard's  brigade, 
ordered  to  Lower  Marlborough,  Maryland.  The 
distance — about  fifty  miles — was  made  in  two 
days.  We  marched  back  in  two  days,  after  re 
maining  one.  No  more  severe  march  has  been 
mode  by  any  regiment  of  the  army  of  the  Poto 
mac.  On  the  twenty-seventh  of  November  the 
regiment  marched  across  Long  Bridge,  in  Vir 
ginia,  and  was  assigned,  with  the  remainder  of 
Howard's  brigade,  to  the  division  of  General 
Sumner.  A  great  deal  of  hard  labor  was  here 
expended  in  rendering  habitable  a  bad  location 
for  a  camp ;  but  we  afterward  had  the  satisfac 
tion  of  having  the  most  neat  and  comfortable 
quarters  in  the  division.  The  regiment  soon 
commenced  doing  picket  and  outpost  duty  at  the 
front,  and  established  the  first  line  of  pickets  on 
the  line  fronting  the  enemy  at  Fairfax  Court- 
House.  In  the  intervals  of  picketing  and  scout 
ing,  whenever  the  weather  would  allow,  the  men 
were  thoroughly  drilled  not  only  in  regimental 
but  brigade  drill,  also  in  the  bayonet  exercise.- 
The  commissioned  officers  were  also  drilled  in 
the  practical  part  of  this  duty.  Schools  were 
established  by  the  Colonel  and  Lieutcnarit-Colo- 
nel,  for  the  instruction  of  officers  and  sergeants 
during  the  winter  evenings.  A  "  common 
school,"  for  such  of  the  boys  in  the  regiment  as 
needed  instruction  in  elementary  branches,  was 
also  put  in  operation — the  necessary  books  being 
donated  by  the  Sanitary  Commission. 

All  through  the  winter  my  regiment  furnished 
leavy  details  to  build  roads,  repair  bridges,  and 
cut  timber.  The  pioneers  were  also  instructed 
"n  making  gabions,  fascines,  and  other  engineer- 
ng  work.  The  good  effect  of  this  drill  and  in 
structions  has  since  been  apparent  to  officers  and 
men  on  many  trying  occasions. 

Measles  and  mumps  prevailed  in  my  regiment 
;o  an  extraordinary  extent,  but  at  no  time  up  to 
;he  battle  of  Fair  Oaks  did  the  regiment  fail  to 
;urn  out  more  men  for  duty  than  any  other  in 
;he  entire  division.  All  through  the  winter  we 
averaged  from  six  hundred  and  fifty  to  eight 
lundred  men  for  duty  daily.  Several  times 
while  the  regiment  was  out  on  duty  at  the  front, 
t  was  exposed  to  severe  storms  of  rain  and  snow, 
without  tents,  for  five  or  six  days  at  a  time.  On 
he  first  day  of  March,  while  on  picket,  received 
•rders  to  move  up  and  join  the  remainder  of 
loward's  brigade,  then  on  a  scout  to  the  front. 
While  on  this  expedition  the  regiment  was 
called  out  in  the  night  to  meet  the  enemy.  In 
ess  than  seven  minutes  from  the  time  the  "  long- 
oil"  commenced  beating,  the  whole  regiment 
was  on  the  march. 

On  the  tenth  of  March  my  regiment,  under  its 
•ommanding  officer,  formed  the  advanced-guard 
of  Sumner's  division,  when  it  marched  from 


DOCUMENTS. 


387 


"Camp  California"  on  Manassas — Major  Coot 
commanding  my  skirmish  line.  On  the  march 
to  Warrenton  Junction  the  entire  force  were 
obliged  to  ford  creeks,  rivers — some  waist-deep- 
five  of  these  fords  in  one  day.  Guard  and  pick 
et  duty  was  severe  ;  the  weather  cold  and  rainy 
the  roads  almost  impassable ;  often  the  men 
could  not  build  fires ;  often  the  ground  was  so 
wet  and  muddy  that  they  could  not  lie  down 
no  tents ;  no  cooking  utensils  but  tin  cups,  anc 
no  wagons  ;  in  this  state  for  thirty -one  days. 
Yet  the  men  were  cheerful,  and  we  averaged 
seven  hundred  for  duty,  daily. 

On  the  twenty-eighth  of  March  General  How 
ard  commanded  a  reconnoissance  in  force,  from 
Warrenton  Junction  to  the  Rappahannock  River- 
eight  miles — for  the  purpose  of  forcing  the  enemy 
to  cross  the  river,  and  burn  the  railroad  bridge. 
I  had  the  honor  again  to  command  the  ad 
vanced-guard — Lieutenant-Colonel  Langley  com 
manding  the  skirmish  line.  The  enemy  were 
driven  in  all  day,  the  bridge  and  railroad  depot 
burned,  and  the  rebel  forces  shelled  out  of  their 
position.  Here  the  Fifth  regiment  first  came 
under  fire — the  skirmish  line  from  the  enemy's 
riflemen— and  the  main  body  from  shot  and 
shell.  The  behavior  of  the  regiment  in  this  ex 
pedition,  and  ifs  important  service,  gained  great 
praise  from  the  commander  of  the  forces.  While 
on  this  campaign  to  Manassas  the  regiment 
marched  one  day  in  rain  and  mud,  sixteen  miles 
on  the  railroad  track — from  Union  Mills  to  Fair 
fax  Court-House — and  having  less  than  one 
hour's  rest,  marched  back  the  same  night.  The 
exigency  of  the  case  required  this  severe  toil, 
and  the  men  cheerfully  did  their  duty.  It  is 
worthy  of  note  that  during  this  thirty-one  days' 
campaign,  without  tents ;  wet,  cold,  hungry, 
severely  fatigued ;  we  had  scarcely  any  sick 
men — sometimes  not  one.  It  is  in  camp  where 
soldiers  are  sick  to  the  greatest  extent.  With 
out  returning  to  u  Camp  California,"  where  our 
tents  and  regimental  property  were  left,  the 
regiment  proceeded  to  Alexandria,  and  on  April 
fourth  embarked  for  the  Peninsula.  The 
weather  was  cold  and  wet  when  we  reached 
Ship  Point,  and  the  men  were  obliged  to  wade 
ashore  from  the  vessel,  and  camp  in  the  water — 
soaked  earth  —with  no  tents.  My  regiment  was 
at  once  set  to  work,  making  u  corduroy  road " 
through  a  swamp,  and  building  bridges.  Our 
daily  detail  was  about  five  hundred  men  for  the 
purpose.  Added  to  this  hard  labor  in  mud  and 
water,  the  locality  was  very  unhealthy.  Our 
brigade  commander — as  he  always  did — per 
formed  his  duty  for  our  comfort,  and  no  pains 
were  spared  by  the  regimental  officers  to  look 
out  for  the  health  of  their  men.  To  this  may  be 
attributed  the  fact  that  we  had  less  in  hospital 
at  Ship  Point  than  any  other  regiment  in  the 
brigade.  In  building  roads  and  bridges  the  men 
showed  their  usual  good  qualities  ;  so  much  so 
as  to  be  complimented  by  the  general  over  us. 
When  the  siege  of  Yorktown  opened,  the  Fifth 
was  sent  to  join  the  Engineers'  brigade,  under 
General  Woodbury.  While  with  this  brigade 


we  constructed  two  thousand  five  hundred 
gabions  and  a  large  number  of  fascines.  The 
regiment  also  built  a  tower,  one  hundred  feet 
high  and  forty  feet  base,  of  heavy  timber,  for  an 
observatory  at  general  headquarters.  This  labor 
was  about  completed  when  the  enemy  evacuated 
Yorktown. 

The  march  of  our  regiment  to  William  sburgh 
was  a  day  to  be  remembered.  We  started  just 
at  dark,  in  the  midst  of  a  severe  rain.  The  road 
was  horrible.  Fifty  thousand  men,  with  all  their 
wagons  and  artillery,  had  passed  along  that  day. 
The  track  was  bordered  by  thickets  most  of  the 
way,  and  in  the  centre  was  a  sea  of  mud,  in  some 
places  absolutely  knee-deep.  The  night  was 
pitch-dark,  and  the  whole  brigade  plunged  along 
in  the  most  wretched  condition  imaginable — halt 
ing  toward  morning  in  an  old  corn-field  for  rest ! 
In  a  few  days  we  marched  back  to  Yorktown,  and 
on  the  eleventh  of  May  embarked  for  West-Point, 
on  the  Pamunkey  River.  From  this  place  we 
marched  to  the  Chickahominy  River,  near  the  en 
emy.  Here  the  regiment  was  at  once  put  in 
fighting  order. 

On  the  twenty-fifth  of  May  received  orders 
to  report  to  General  Sumner  with  my  whole  regi 
ment  for  fatigue  duty.  We  marched  early  in  the 
morning,  and  I  was  informed  by  General  Sumner 
that  the  work  was  to  build  a  bridge  over  the 
Chickahominy  branch  and  river,  sufficiently 
strong  for  artillery  and  wagons.  On  reaching 
the  locality  the  labor  seemed  impossible.  The 
swamp  was  flowed  from  one  to  four  feet  with 
water,  and  nearly  half  a  mile  wide.  On  the  bor 
ders  was  the  channel  of  the  stream — some  thirty 
yards  wide,  and  quite  deep.  Here  a  Minnesota 
regiment  had  commenced  work  the  day  before, 
but  had  been  ordered  away.  The  swamp  was  a 
mass  of  huge  trees,  vines,  brushwood,  and  wrecks 
of  old  crees  and  shrubbery.  The  labor  was  com 
menced,  and  with  some  assistance  from  the  Sixty- 
fourth  and  Sixty-ninth  New- York  volunteers — 
small  detachments — the  bridge,  built  on  piers,  all 
of  heavy  logs — seventy  rods  long — was  completed 
at  sundown  on  the  evening  of  May  thirtieth — just 
in  time  for  Sumner' s  corps  to  cross  the  next  day  in 
season  for  Sedgwick's  division  to  check  the  ene 
my  that  evening.  Richardson's  division  did  not 
arrive  until  later.  How  much  depended  upon 
the  bridge,  called  the  "Grape-Vine  Bridge,"  can 
now  be  seen  !  In  this  great  labor  the  officers  and 
men  labored  together,  often  in  water  waist-deep, 
with  slimy  mud  and  thick  brush  under  foot  and 
around  them.  Well  may  it  be  pronounced  one 
of  the  most  important  and  arduous  labors  of  the 
Peninsula  campaign. 

Reaching  the  field  of  battle  in  the  evening,  the 
Fifth  was  pushed  ahead,  and  formed  the  advanced- 
uard  and  skirmish-line  of  the  army.  During 
the  night  we  discovered  the  enemy  within  three 
hundred  yards  of  us,  and  took  several  prisoners. 
At  daylight  the  commanding  officer  of  the  regi 
ment  captured  a  rebel  courier  with  important 
despatches.  The  Fifth  fired  the  first  and  l.-i^t 
shot  in  the  great  battle  of  June  first,  and  al'.no 
met  and  drove  b.ick  a  strong  column  of  the  cue* 


388 


REBELLION   RECORD,  1862-63. 


m)r — fighting  them  at  thirty  yards'  range ;  and, 
although  outflanked  by  the  greatly  superior  num 
bers  of  the  rebels,  causing  them  to  break  and  re 
tire.  Our  loss  was  severe,  but  we  had  the  satis 
faction  of  having  performed  our  duty  without 
flinching,  and  added  another  enduring  laurel  to 
the  military  glory  of  our  State.  The  colonel  and 
major  of  the  regiment  being  severely  wounded, 
the  command  fell  to  Lieutenant-Colonel  Langley. 
After  Fair  Oaks  the  regiment  was  at  once  placed 
in  the  first  line,  constantly  picketing  and  skir 
mishing  ;  losing  quite  a  number  of  men  killed 
and  wounded,  until  the  movement  to  Harrison's 
Landing  commenced.  Nearly  all  the  military 
property  was  saved  or  secured,  and  the  regiment 
fell  back  with  its  brigade,  fighting  at  Savage 
Station,  Peach  Orchard,  White  Oak  Swamp, 
Charles  City,  and  Malvern  Hill — being  the  last 
regiment  that  marched  off  the  battle-field.  Lieu 
tenant-Colonel  Langley  being  sick  most  of  the 
time  on  this  march,  Captain — now  Major — Stur- 
tevant  had  command.  Being  in  hospital  at  the 
time,  it  was  not  my  fortune  to  be  present  with 
the  regiment  during  the  retreat ;  but  I  have  since 
heard  good  accounts  from  many  sources  of  the 
patience,  courage,  and  excellent  conduct  of  offi 
cers  and  men. 

From  Harrison's  Landing  the  regiment  marched 
to  Newport  News,  where  I  again  assumed  com 
mand,  and  we  soon  after  sailed  to  Alexandria, 
landed,  and  marched  to  our  old  locality — "Camp 
California." 

Nearly  one  year's  active  service —battles,  sick 
ness,  hardship,  and  the  various  incidents  of  war 
like  life,  had  now  reduced  the  regiment  to  about 
three  hundred  and  fifty  men  fit  for  duty,  and 
these  were  weary,  ragged,  many  of  them  barefoot 
ed,  and  without  overcoats  or  blankets — only  the 
tattered  remainder  of  their  shelter-tents.  With 
only  one  day  allowed  for  rest,  we  marched  to  Ar 
lington  Heights,  and  the  next  day,  about  two 
V clock,  received  orders  to  inarch,  without  shelter- 
tents  or  blankets,  as  rapidly  as  possible  to  the 
front,  to  reenforce  General  Pope.  We  marched 
twenty-three  miles  without  halting  but  once,  and 
then  lay  down  in  rain,  on  wet  ground,  to  rest. 
More  than  twenty  of  the  men  had  no  shoes,  and 
their  feet  were  blistered  and  bleeding.  The  next 
day  we  were  marched  to  the  front,  and  formed  the 
skirmish-line  in  front  of  the  enemy,  which  position 
we  held  without  relief  until  the  entire  army  moved 
away,  when  we  fell  back  and  joined  the  main  body 
at  Fairfax  Court-House,  being  the  last  regiment 
that  left  Centreville ;  from  which  place  we  marched 
the  same  day  to  within  a  short  distance  of  Chain 
Bridge — twenty-six  miles — without  a  single  strag 
gler,  even  the  bare-footed!  This  was  a  hard 
march.  Many  officers  and  men  fell  asleep  as 
they  walked  along,  and  tumbled  down.  All  were 
exhausted.  The  next  day  we  marched  across  the 
Potomac  and  camped  at  Tenallytown,  where  we 
hoped  for  a  few  days'  rest,  but  in  vain  ! 

By  dint  of  hard  efforts,  a  few  shoes  and  some 
clothing  wei-e  Vere  obtained,  and  on  the  fourth 
of  September  we  marched  for  Frederick,  Mary 
land.  The  weather  wa,.  very  hot  and  the  roads 


dusty.  After  passing  throng^  Frederick,  we 
camped  near  the  battle-ground  of  South-Moun 
tain,  but  were  held  in  reserve  during  the  battle. 
On  the  fifteenth  of  September  Richardson's  di 
vision  crossed  South-Mountain  in  pursuit  of  the 
enemy.  The  Fifth  New-Hampshire  was  ordered 
to  the  front  and  deployed  as  skirmishers.  In 
this  position  we  drove  in  the  cavalry  and  light 
troops  of  the  enemy,  and  discerned  the  rebel  line 
of  battle,  beyond  Antietam  River.  In  the  pur 
suit,  the  regiment  captured  over  sixty  prisoners. 
We  might  have  taken  more,  but  I  could  not  spare 
men  to  pursue  them.  All  the  remainder  of  the 
day,  and  until  night,  the  Fifth  engaged  the  ene 
my's  sharp-shooters — driving  them  from  a  strong 
position.  We  were  not  relieved  until  nearly  ex 
hausted.  The  next  day  four  companies  were 
sent  to  fight  the  enemy's  riflemen,  and  prevent 
their  burning  an  important  bridge  over  the  An 
tietam.  Other  companies  were  sent  to  destroy 
obstructions  in  the  river.  On  the  seventeenth — 
the  day  of  the  great  battle — the  Fifth  went  into 
the  fight  with  three  hundred  rifles  and  nineteen 
commissioned  officers.  The  regiment  behaved 
nobly;  in  the  language  of  the  official  report, 
"  was  entitled  to  the  sole  credit  of  discovering 
and  defeating  the  attempt  of  the  enemy  to  turn 
the  ieft  flank  of  Richardson's  division.  The  large 
State  colors  of  the  Fourth  North-Carolina  regi 
ment  which  we  captured,  are  now  in  the  War 
Department.  We  remained  on  the  field  where 
we  fought ;  assisted  to  carry  off  the  wounded,  and 
bury  the  dead ;  gathered  up  over  four  hundred 
rifles  from  the  field  ;  had  no  stragglers,  nor  did 
we  leave  behind  a  man  able  to  march ! 

Arriving  at  Harper's  Ferry,  we  forded  the  Po 
tomac,  and  went  into  camp  at  Bolivar  Heights. 
My  men  fought  in  the  battle  of  Antietam  very 
ragged — more  than  forty  of  them  without  shoes  ; 
and  I  was  compelled  to  equip  thirty  recruits  from 
the  bodies  of  the  slain !  On  reaching  Bolivar 
Heights,  the  regiment  was  at  once  placed  on  ac 
tive  duty,  and  we  formed  a  portion  of  the  advance 
on  Hancock's  reconnoissance.  Great  trouble  has 
been  experienced  in  obtaining  supplies.  My  men 
have  been  sent  out,  even  within  the  past  ten  days, 
on  picket  without  overcoats,  coats,  or  blankets. 
So  it  has  been  with  half  the  army.  At  the  time 
this  report  is  written,  the  regiment  has  just  re 
ceived  a  portion  of  its  winter  clothing,  but  is 
ready  for  march  or  battle.  Men  have  come  in 
from  hospital  and  from  detached  service,  until 
three  hundred  can  again  be  taken  into  the  field. 

I  have  thus  presented  you  a  narrative  of  my 
regiment  for  its  first  year.  I  have  no  hesitation 
in  saying  it  has  had  less  recruits,  performed  more 
labor,  and  made  more  severe  marches  than  any 
regiment  from  the  State,  in  the  same  time  ;  and, 
to  say  the  least,  has  fought  as  well.  In  what 
ever  position  placed,  in  battle  or  on  the  march ; 
enduring  hunger,  cold,  or  heat;  the  regiment  has 
never  faltered — never  failed  to  do  its  duty.  A 
sense  of  obligation  to  my  officers  and  men,  for 
their  patience,  courage,  and  fortitude,  constrains 
me  to  bear  this  testimony  to  their  worth,  and 


DOCUMENTS. 


880 


their  character  as  brave  soldiers.  It  is  my  earn 
est  wish  that  those  who  are  left  of  us  may  live 
to  see  the  skies  of  our  country  no  longer  dark 
ened  with  the  clouds  of  war,  but  radiant  and  glo 
rious  in  the  sunshine  of  peace ;  and  I  can  but 
feel  confident  that  our  native  State  will  honor 
and  cherish  the  names  of  those  gallant  soldiers 
who  have  so  nobly  sustained  and  brightened  her 
military  renown. 

I  am,  very  truly,  EDWARD  E.  CROSS, 

Colonel  Fifth  New-Hampshire  Volunteers. 

To  Hon.  N.  S.  BERRY, 

Governor  of  New-Hampshire. 


Doc.  T2. 
THE   CAMPAIGN  IN   KENTUCKY. 

OFFICIAL  REPORT  OF  GEN.   BDELL. 

LOUISVILLE,  November  4,  1862. 

General  L,  Thomas,  Adjutant- General  U.  S.  A., 

Washington,  D.  C. : 

SIR  :  It  is  due  to  the  army,  which  I  have  com 
manded  for  the  last  twelve  months,  and  perhaps 
due  to  myself,  that  I  should  make  a  circumstan 
tial  report  of  its  operations,  during  the  past  sum 
mer. 

Such  a  report  requires  data  not  now  at  hand, 
and  would  occupy  more  time  than  can  be  spared  at 
present  from  the  subject  of  more  immediate  in 
terest,  namely,  the  operations  from  Louisville 
against  the  rebel  forces  in  Kentucky,  under  the 
command  of  General  Bragg.  I  therefore  com 
mence  this  report  from  that  period,  premising 
only  in  a  general  way,  that  my  attention  to  the 
condition  of  affairs  in  Kentucky  was  demanded : 
First,  By  the  minor  operations  of  the  enemy ; 
which,  by  the  destruction  of  the  railroad,  had 
completely  severed  the  communications  of  my 
army,  and  left  it  at  a  distance  of  three  hundred 
miles  from  its  base,  with  very  limited  supplies  ; 
and,  Second,  By  the  formidable  invasion,  which 
not  only  threatened  the  permanent  occupation  of 
the  State,  but  exposed  the  States  north  of  the 
Ohio  River,  to  invasion. 

Leaving  a  sufficient  force  to  hold  Nashville, 
the  remainder  of  the  army  under  my  command 
was  put  in  march  for  Kentucky.  The  rear  divi 
sion  left  Nashville  on  the  fifteenth,  and  arrived 
at  Louisville,  a  distance  of  one  hundred  and  sev 
enty  miles,  on  the  twenty-ninth  of  September  ; 
the  advance  arrived  on  the  twenty -fifth. 

The  particulars  of  the  march  will,  as  I  have 
said,  be  given  in  a  subsequent  report,  in  connec 
tion  with  other  matters. 

I  found,  in  and  about  the  city,  a  considerable 
force  of  raw  troops — hurriedly  thrown  in  from 
Illinois,  Indiana,  and  Ohio,  for  the  defence  of  the 
uity  against  the  formidable  force  that  had  invaded 
the  State  under  General  Bragg  and  Kirby  Smith — 
aiider  the  command  of  Major-General  Nelson, 
whose  untimely  death  cannot  be  too  much  de 
plored.  These  troops  had  been  organized  into 
brigades  and  divisions,  and  they  had  some  able 
and  experienced  officers  in  Generals  Boyle,  Jack 


son,  Crufts,  Gilbert,  Terrill  and  others.  But  the 
troops  were  as  yet  undisciplined,  unprovided  with 
suitable  artillery,  and  in  every  way  unfit  for  ac 
tive  operations  against  a  disciplined  foe.  It  was 
necessary  to  reorganize  the  whole  force.  Tum 
was  done,  as  far  as  possible,  by  intermixing  the 
new  troops  with  the  old,  without  changing  the 
old  organization. 

The  troops  were  supplied  with  shoes  and  other 
essentials,  of  which  they  were  greatly  in  need, 
among  them  certain  light  cooking  utensils,  which 
the  men  could  carry,  and  dispense  with  wagons, 
the  allowance  of  which  was  reduced  to  one  for 
each  regiment,  to  carry  a  few  necessary  articles 
for  officers,  and  one  for  hospital  supplies,  besides 
the  ambulances. 

The  army  was  to  have  marched  on  the  thirty- 
first  of  September,  but  an  order,  which  was  sub 
sequently  suspended,  relieving  me  from  the  com 
mand,  delayed  the  movement  until  the  following 
day. 

The  army  marched  on  the  first  ultimo,  in  five 
columns.  The  left  moved  toward  Frankfort,  to 
hold  in  check  the  force  of  the  enemy  which  still 
remained  at  or  near  that  place ;  the  other  col 
umns,  marching  by  different  routes,  finally  fell, 
respectively,  into  the  roads  leading  from  Shep- 
herdsville,  Mount  Washington,  Fairfield,  and 
Bloomfield,  to  Bardstown,  where  the  main  force 
of  the  enemy,  under  General  Bragg,  was  known 
to  be — these  roads  converge  upon  Bardstown,  at 
an  angle  of  about  fifteen  degrees  from  each  other. 

Skirmishing  with  the  enemy's  cavalry  and  ar 
tillery  marked  the  movement  from  each  column 
from  within  a  lew  rniles  of  Louisville ;  it  was 
more  stubborn  and  formidable  near  Bardstown ; 
but  the  rear  of  the  enemy's  infantry  retired  from 
that  place  eight  hours  before  our  arrival,  when 
his  rear-guard  of  cavalry  and  artillery  retreated 
after  a  sharp  engagement  with  my  cavalry.  Tho 
pursuit  and  skirmishing  with  the  enemy's  rear 
guard  continued  toward  Springfield. 

The  information  which  I  received  indicated 
that  the  enemy  would  concentrate  his  forces  at 
Danville. 

The  First  corps,  under  Major-General  McCook, 
was  therefore  ordered  to  march  from  Bloomfield 
on  Harrodsburgh ;  while  the  Second  corps,  under 
Major-General  Crittenden,  moved  on  the  Lebanon 
and  Danville  road,  which  passes  four  miles  to 
the  south  of  Perryville,  with  a  branch  to  the  lat 
ter  place ;  and  the  Third  corps,  on  the  direct  road 
to  Perryville. 

My  headquarters  moved  with  the  Third  or  cen 
tre  corps.  Major  Thomas,  second  in  command, 
accompanied  the  Second  or  right  corps. 

After  leaving  Bardstown,  I  learned  that  tho 
force  of  Kirby  Smith  had  crossed  to  the  west 
side  of  the  Kentucky  River,  near  Salvisa,  and 
that  the  enemy  was  moving  to  concentrate  either 
at  Harrodsburgh  or  Perryville.  General  Mc- 
Cook's  route  was  therefore  changed  from  Har 
rodsburgh  to  Perryville. 

The  centre  corps  arrived  on  the  afternoon  ot 
the  seventh,  and  was  drawn  up  in  order  of  battle 
about  three  miles  from  Perryville,  where  the  eue- 


890 


REBELLION   RECORD,  1862-63. 


imr  appeared  to  be  in  force.  The  advanced-guard 
under  Captain  Gay,  consisting  of  cavalry  and  ar 
tillery,  supported  toward  evening  by  two  regi 
ments  of  infantry,  pressed  successfully  upon  the 
enemy's  rear-guard,  to  within  two  miles  of  the 
town,  against  a  somewhat  stubborn  opposition. 

The  whole  army  had  for  three  days  or  more 
suffered  from  a  scarcity  of  water ;  the  last  day 
particularly,  the  troops  and  animals  suffered  ex 
ceedingly  for  the  want  of  it,  and  from  hot  weather 
and  dusty  roads. 

In  the  bed  of  Doctor's  Creek,  a  tributary  of 
Chaplin  River,  about  two  and  a  half  miles  from 
Perryville,  some  pools  of  water  were  discovered, 
of  which  the  enemy  showed  a  determination  to 
prevent  us  gaining  possession. 

The  Thirty-sixth  brigade,  under  command  of 
Colonel  Daniel  McCook,  from  General  Sheridan's 
division,  was  ordered  forward  to  seize  and  hold  a 
commanding  position  which  covered  these  pools ; 
it  executed  the  order  that  night,  and  a  supply  of 
bad  water  was  secured  for  the  troops. 

On  discovering. that  the  enemy  was  concentrat 
ing  for  battle  at  Perryville,  I  sent  orders  on  the 
night  of  the  seventh  to  General  McCook  and  Gen 
eral  Crittenden  to  march  at  three  o'clock  the  fol 
lowing  morning,  so  as  to  take  position  respective 
ly,  as  early  as  possible,  on  the  right  and  left  of 
the  centre  corps,  the  commanders  themselves  to 
report  in  person  for  orders  on  their  arrival,  my 
intention  being  to  make  the  attack  that  day  if 
possible. 

The  orders  did  not  reach  General  McCook  un 
til  half-past  two  o'clock,  and  he  marched  at  five. 
The  Second  corps  failing  to  find  water  at  the 
place  where  it  was  expected  to  encamp  on  the 
night  of  the  seventh,  had  to  move  off  the  road 
for  that  purpose,  and  consequently  was  some  six 
miles  or  more  further  off  than  it  would  otherwise 
have  been. 

The  orders  did  not  reach  it  in  time,  and  these 
two  causes  delayed  its  arrival  several  hours. 
Still,  it  was  far  enough  advanced  to  have  been 
pressed  into  the  action  on  the  eighth,  if  the  neces 
sity  for  it  had  been  known  early  enough. 

The  engagement,  which  terminated  at  night 
the  previous  day,  was  renewed  early  on  the  morn 
ing  of  the  eighth  by  an  attempt  of  the  enemy  to 
drive  the  brigade  of  Colonel  McCook  from  the 
position  taken  to  cover  the  water  in  Doctor's 
Creek.  The  design  had  been  discovered,  and 
the  divisions  of  Generals  Mitchel  and  Sheridan 
were  moved  into  position  to  defeat  it,  and  hold 
the  ground  until  the  army  was  prepared  to  at 
tack  in  force.  A  spirited  attack  was  made  on 
Colonel  McCook's  position,  and  was  handsomely 
repulsed.  Between  ten  and  eleven  o'clock  the 
left  corps  arrived  on  the  Maxville  road. 

General  McCook  was  instructed  to  get  it 
promptly  into  position  on  the  left  of  the  centre 
corps,  and  to  make  a  reconnoissance  to  his  front 
and  left.  The  reconnoissance  had  been  continued 
by  Captain  Gay  toward  his  front  and  right,  and 
sharp  firing  with  artillery  was  then  going  on. 

I  had  somewhat  expected  an  attack  early  in 
the  morning  on  Gilbert's  corps,  while  it  was  iso 


lated  ;  but,  as  it  did  not  take  place,  no  formi 
dable  attack  was  apprehended  after  the  arrival  of 
the  left  corps.  The  disposition  of  the  troops 
was  made,  mainly,  with  a  view  to  a  combined  at 
tack  on  the  enemy's  position  at  daylight  the  fol 
lowing  morning,  as  the  time  required  to  get  a*, 
the  troops  into  position,  after  the  unexpected  de 
lay,  would  probably  make  it  too  late  to  attack 
that  day. 

The  cannonading,  which  commenced  with  the 
partial  engagement  in  the  centre — followed  by 
the  reconnoissance  of  the  cavalry  under  Captain 
Gay — extended  toward  the  left,  and  became  brisk 
er  as  the  day  advanced ;  but  was  not  supposed 
to  proceed  from  any  serious  engagement,  as  no 
report  to  that  effect  was  received.  At  four  o'clock, 
however,  Major-General  McCook's  Aid-de-camp 
arrived,  and  reported  to  me  "that  the  General 
was  sustaining  a  severe  attack,  which  he  would 
not  be  able  to  withstand,  unless  reenforced;  that 
his  flanks  were  already  giving  way."  He  added, 
to  my  astonishment :  "  That  the  left  corps  had  ac 
tually  been  engaged  in  a  severe  battle  for  several 
hours,  perhaps  since  twelve  o'clock."  It  was  so 
difficult  to  credit  the  latter,  that  I  thought  there 
must  even  be  some  misapprehension  in  regard  to 
the  former.  I  sent  word  to  him  that  I  should 
rely  on  his  being  able  to  hold  his  ground,  though 
I  should  probably  send  him  reeforcements. 

I  at  once  sent  orders  for  two  brigades  from 
the  centre  corps — Schoepff's  division — to  move 
promptly  to  reenforce  the  left.  Orders  were  also 
sent  to  General  Crittenden  to  move  a  division  in  to 
strengthen  the  centre,  and  to  move  with  the  rest 
of  his  corps  energetically  against  the  enemy's  left 
flank. 

The  distance  from  one  flank  of  the  army  to  the 
other  was  not,  perhaps,  less  than  six  miles,  and 
before  the  orders  could  be  delivered  and  the  right 
corps  make  the  attack,  night  came  on  and  ter 
minated  the  engagement. 

The  roads  going  from  Maxville  and  Springfield 
enter  Perryville  at  an  angle  of  about  fifteen  de 
grees  with  each  other.  The  road  from  Lebanon 
runs  nearly  parallel  to  the  Springfield  road  to 
within  five  miles  of  Perryville,  and  then  forks,  the 
left-hand  fork  going  to  Perryville,  and  the  right 
continuing  straight  on  to  Danville,  leaving  Perry 
ville  four  miles  to  the  north.  There  is  also  a  di 
rect  road  from  Perryville  to  Danville.  Perryville, 
Danville,  and  Harrodsburgh  occupy  the  vertices 
of  an  equilateral  triangle,  arid  are  ten  miles  apart. 
Salt  River  rises  midway  between  Perryville  and 
Danville,  and  runs  northward  two  miles  west  of 
Harrodsburgh.  Chaplin  Fork  rises  near,  and 
passes  through  Perryville,  bending  in  its  course 
so  as  to  run  obliquely  away  from  the  Maxville 
and  Perryville  road,  on  which  the  left  corps  ad 
vanced. 

Doctor's  Creek,  running  north,  crosses  the  Per 
ryville  and  Springfield  road  at  right  angles,  about 
two  and  a  half  miles  west  of  Perryville,  and  emp 
ties  into  Chaplin  Fork  about  three  miles  from  town. 
The  ground  bordering  the  Chaplin  is  hilly,  with 
alternate  patches  of  timber  and  cleared  land.  The 
'.  hills,  though  in  some  places  steep,  arc  generally 


DOCUMENTS. 


391 


practicable  for  infantry  and  cavalry,  and  in  many 
places  for  artillery. 

The  ground  afforded  the  enemy  great  advan 
tages  for  attacking  a  force  on  the  Maxville  road, 
taken  in  the  act  of  forming,  as  was  the  case  in 
the  battle  of  the  eighth. 

General  McCook's  line  was  nearly  parallel  with 
Chaplin  Fork,  the  right  resting  on  the  road,  and 
the  left  to  the  north  of  it.  Two  of  General  Rous 
seau's  brigades,  the  Seventeenth,  under  Colonel 
Lytle,  and  the  Fourth,  under  Colonel  Harris,  were 
on  the  right ;  then  the  Thirty-third  brigade,  under 
General  Terrill,  of  Jackson's  divison  ;  then  on  the 
extreme  left  the  Twenty-eighth  brigade,  under 
Colonel  Starkweather  of  Rousseau's  division. 

The  other  brigade  of  Jackson's  division,  under 
Colonel  Webster,  was  at  first  in  the  rear  of  Rous 
seau's  two  right  brigades,  and  in  the  course  of  the 
battle  was  brought  into  action  on  the  right.  Gen 
eral  Gilbert's  corps  was  on  the  right  of  Rousseau's, 
but  the  space  between  them  was  somewhat  too 
great ;  first,  Sheridan's  division,  then  Mitchel's 
and  Schoepff's  in  reserve,  opposite  the  left  of  the 
corps. 

The  fight  commenced  early  in  the  day,  as  has 
been  described,  with  a  feeble  attack  on  the  centre 
corps  ;  then  later,  the  attack  fell  with  severity 
and  pertinacity  on  Rousseau's  right  brigade ;  then, 
somewhat  later,  on  Terrill' s  brigade,  and  on  Rous 
seau's  third  brigade  on  the  extreme  left.  It  was 
successful  against  Terrill' s  brigade,  composed  of 
new  regiments.  The  gallant  commander  of  the 
division,  General  J.  S.  Jackson,  was  killed  almost 
instantly.  The  heroic  young  Brigadier  Terrill 
lost  his  life  in  endeavoring  to  rally  his  troops,  and 
ten  pieces  of  his  artillery  were  left  on  the  ground ; 
two  of  them  were  carried  off  by  the  enemy  next 
morning  ;  the  rest  were  recovered. 

The  main  weight  of  the  battle  thus  fell  upon 
the  Third  division,  under  General  Rousseau. 

No  troops  could  have  met  it  with  more  heroism. 
The  left  brigade,  compelled  at  first  to  fall  back 
somewhat,  at  length  maintained  its  ground,  and 
repulsed  the  attack  at  that  point.  Taking  advan 
tage  of  the  opening  between  Gilbert's  left  and 
Rousseau's  right,  the  enemy  pressed  his  attack 
at  that  point  with  an  overwhelming  force.  Rous 
seau's  right  was  being  turned,  and  was  forced  to 
fall  back,  which  it  did  in  excellent  order,  until 
reenforced  by  Gooding's  and  Steadman's  brigades 
from  Gilbert's  corps,  when  the  enemy  was  repul 
sed.  That  result  was  also  promoted  by  the  fire 
which  the  artillery  of  Sheridan's  division  poured 
into  the  enemy's  left  flank. 

Simultaneously  with  the  heaviest  attack  on 
Rousseau's  division,  the  enemy  made  a  strong  at 
tack  on  Sheridan's  right.  Sheridan  was  reen 
forced  from  Mitchel's  division  by  Colonel  Carlin's 
brigade,  which  charged  the  enemy  with  intrepid 
ity,  and  drove  him  through  the  town  to  his  posi 
tion  beyond,  capturing  in  the  town  two  caissons 
and  fifteen  wagons  loaded  with  ammunition,  and 
the  guard  that  was  with  them,  consisting  of  three 
officers  and  one  hundred  and  thirty-eight  men. 
This  occurred  about  nightfall,  which  terminated 
tbo  battle. 


The  corps  of  General  Crittenden  closed  in, 
and  Wagner's  brigade  of  Wood's  division  be 
came  engaged,  and  did  good  service  on  the  right 
of  Mitchel's  division,  but — knowing  nothing  of 
the  severity  of  the  fight  in  the  extreme  left — 
the  rest  of  the  corps  did  not  get  into  action. 

No  doubt  was  entertained  that  the  enemy 
would  endeavor  to  hold  his  position.  Accord 
ingly  orders  were  sent  to  the  commanders  of 
corps  to  be  prepared  to  attack  at  daylight  in  the 
morning.  They  received  instructions,  in  person, 
at  my  headquarters  that  night,  except  General 
Crittenden,  for  whom  instructions  were  given 
to  Major- General  Thomas,  second  in  command. 

General  McCook  supposed,  from  indications  in 
his  front,  that  the  enemy  would  throw  a  formi 
dable  force  against  his  corps,  in  pursuance  of  the 
orginal  attempt  to  turn  our  left.  He  represent 
ed  also  that  his  corps  was  very  much  crippled, 
the  new  division  of  General  Jackson  having,  in 
fact,  almost  entirely  disappeared  as  a  body.  He 
was  instructed  to  move  in  during  the  night  and 
close  the  opening  between  his  right  and  General 
Gilbert's  left.  His  orders  for  the  following  day 
were  to  hold  his  position,  taking  advantage  of 
any  opportunity  that  the  events  of  the  day  might 
present. 

The  corps  of  Generals  Crittenden  and  Gilbert 
were  to  move  forward  at  six  o'clock  and  attack 
the  enemy's  front  and  left  flank. 

The  advance  the  following  morning,  in  pur 
suance  of  these  orders,  discovered  that  the  ene 
my's  main  body  had  retired  during  the  night, 
but  without  any  indications  of  haste  or  disorder, 
except  that  his  dead  and  many  of  his  wounded 
were  left  upon  the  field.  The  reconnoissance 
during  the  day  showed  that  his  whole  force  had 
fallen  back  on  Harrodsburgh,  where  the  indica 
tions  seemed  to  be  that  he  would  make  a  stand. 

It  will  be  impossible  to  form  any  correct  judg 
ment  of  the  operations  from  this  time,  particular 
ly,  without  considering  the  condition  of  the  two 
armies  and  the  probable  intentions  of  the  enemy. 

The  rebel  army  has  been  driven  from  the  bor 
ders  of  Kentucky  without  a  decisive  batttle.  It 
is  spoken  of  as  if  it  were  a  comparatively  insig 
nificant  force,  and  pursued  by  an  overwhelming 
one,  which  had  nothing  to  do  but  to  send  out 
patrols  and  gather  in  the  fragments  of  a  routed 
and  disorganized  army.  The  very  reverse  was 
the  case.  The  rebel  force  which  'invaded  Ken 
tucky,  at  the  lowest  estimates,  has  been  rated 
at  from  fifty-five  thousand  to  sixty-five  thousand 
men. 

It  was  composed  of  veteran  troops,  well  armed, 
and  thoroughly  inured  to  hardship.  Every  cir 
cumstance  of  its  march,  and  the  concurrent  tes 
timony  of  all  who  came  within  reach  of  its  lines, 
attest  that  it  was  under  perfect  discipline.  It 
lad  entered  Kentucky,  with  the  avowed  purpose 
of  holding  the  State ;  its  commander  declared 
;hat  to  be  their  intention  to  the  last;  intercepted 
communications  disclosing  their  plans,  and  the 
disappointment  expressed  by  the  Southern  press 
at  the  result,  show  that  to  have  been  their  pur- 

)OSC. 


392 


REBELLION   RECORD,  1862-63. 


The  enterprise  certainly  seemed  desperate,  but 
it  was  entered  upon  deliberately ;  was  conducted 
by  the  best  talent  in  the  rebel  service,  and  there 
was  nothing  to  indicate  that  it  would  be  aban 
doned  lightly.  Some  manoauvring  for  advan 
tages,  and  one  decisive  battle  were  to  be  expect 
ed,  before  Kentucky  could  be  rid  of  her  invaders. 
Every  thing  goes  to  show  that  the  final  retreat 
of  the  enemy  was  suddenly  determined  on,  and 
that  it  was  not  at  the  time  to  be  calculated  upon 
as  a  matter  of  course. 

Any  movement  on  my  part,  solely  in  antici 
pation  of  it,  would  only  have  turned  the  enemy 
in  a  different  direction  ;  and  any  presumptuous 
attempt  to  capture  a  superior  force  by  detach 
ments,  would,  according  to  all  probabilities,  have 
been  more  likely  to  result  in  defeat  than  in  suc 
cess. 

The  effective  force  which  advanced  on  Perry- 
ville,  on  the  seventh  and  eighth,  under  my  com 
mand,  was  about  fifty-eight  thousand  infantry, 
artillery  and  cavalry.  Of  these  about  twenty- 
two  thousand  were  raw  troops,  with  very  little 
instruction  or  none  at  all.  The  reports  show  an 
actual  loss  of  upward  of  four  thousand  killed, 
wounded  and  missing  in  the  battle ;  which  would 
leave  the  effective  force  about  fifty-four  thousand 
after  it.  I  did  not  hesitate,  therefore,  after  cross 
ing  Chaplin  River,  and  finding  the  enemy  had 
fallen  back,  to  await  the  arrival  of  General  Sill's 
division,  which  had  marched  to  Frankfort,  and 
which  had  been  ordered  to  join  ma  Lawrence- 
burgh  and  Chaplintown,  when  it  was  ascertained 
that  Kirby  Smith's  force  had  marched  to  form  a 
junction  with  Bragg. 

That  division  in  the  march  from  Louisville, 
encountered  a  strong  outpost  of  the  enemy  on 
the  Frankfort  road  about  twelve  miles  out,  and 
skirmishing  was  kept  up  until  its  arrival  at 
Frankfort.  It  was  followed  closely  by  the  divi 
sion  of  General  Dumont,  which  remained  at 
Frankfort.  In  marching  from  Frankfort  to  join 
the  main  body,  Sill's  division  was  attacked  near 
Lawrenceburgh  by  a  portion  of  Kirby  Smith's 
force,  which  it  drove  off,  and  then  continued  its 
march,  arriving  at  Perryville  on  the  evening  of 
the  eleventh.  Pending  its  arrival,  the  army  took 
position,  with  its  right  four  miles  from  Danville, 
its  centre  on  the  Perryville  and  Harrodsburgh 
pike,  and  the  left  near  Dicksville  on  the  roads 
converging  on  Harrodsburgh. 

On  the  eleventh,  three  brigades  from  Critten- 
den's  and  Gilbert's  corps,  with  Gay's  and  Col 
onel  McCook's  cavalry  brigades,  were  sent  out 
to  reconnoitre  the  enemy's  position.  He  was 
found  in  some  force  two  miles  south  of  Harrods 
burgh,  in  the  morning,  but  retired  during  the 
day,  and  his  rear-guard  was  driven  out  in  the 
evening  with  the  loss  of  some  stores  and  about 
one  thousand  two  hundred  prisoners,  mostly  sick 
and  wounded. 

It  was  probable  he  would  retire  his  whole 
force  to  Camp  Dick  Robinson,  though  it  was  not 
certainly  ascertained  what  portion  of  it  had 
crossed  Dick's  River.  To  compel  him  at  once  to 
take  one  side  or  the  other,  and  either  give  battle 


on  this  side,  or  be  prevented  from  re-crossing  to 
attack  our  communications,  when  a  move  was 
made  to  turn  his  position,  the  left  corps  moved  on 
the  twelfth  to  Harrodsburgh,  (General  Sill's  divi 
sion  having  arrived  the  night  before,)  the  right 
corps  moving  forward  and  resting  near  and  to 
the  left  of  Danville ;  and  the  centre  midway  on 
the  Danville  and  Harrodsburgh  road  ;  while  a 
strong  reconnoissance  was  sent  forward  to  the 
crossing  of  Dick's  River.  The  enemy  was  found 
to  have  crossed  with  his  whole  force. 

The  ground  between  the  Kentucky  River  and 
Dick's  River,  as  a  military  position,  is  rendered 
almost  impregnable  on  the  north  and  west  by  the 
rocky  cliffs  which  border  those  streams,  and 
which  are  only  passable  at  a  few  points  —  easily 
defended.  Such  is  the  character  of  Dick's  River 
from  its  mouth  to  where  the  Danville  and  Lex 
ington  road  crosses  it,  a  distance  of  about  twelve 
miles. 

It  could  only  be  reached  by  turning  to  the 
south,  while  the  passes  to  the  west,  by  which 
our  lines  of  communication  would  be  exposed, 
were  suitably  guarded.  The  army  was  moving 
with  that  view,  when  I  learned,  on  the  evening 
of  the  thirteenth  instant,  at  Danville,  that  the 
enemy  was  retiring  from  his  position  toward  the 
south.  Pursuit  was  immediately  ordered  for  the 
purpose  of  retaking  or  intercepting  him  if  he 
should  attempt  to  pass  toward  Somerset. 

General  Wood's  division  marched  at  twelve 
o'clock  that  night,  and  engaged  the  enemy's  cav 
alry  and  artillery  at  Stanford  at  daylight  the  next 
morning.  The  remainder  of  General  Crittenden's 
corps  and  General  McCook's  corps  followed  on 
that  road,  and  General  Gilbert's  marched  on  the 
Lancaster  road.  The  enemy  kept  the  road  to 
ward  Cumberland  Gap,  opposing  with  cavalry 
and  artillery  the  advance  of  both  the  pursuing 
columns,  which,  however,  advanced  steadily. 

At  Crab  Orchard  the  character  of  the  country 
suddenly  changes.  It  becomes  rough  and  bar 
ren,  affording  scarcely  more  than  enough  corn 
for  its  sparse  population  ;  and  the  road  passes 
through  defiles,  where  a  small  force  can  resist, 
with  great  effect,  a  large  one — where,  in  fact,  the 
use  of  a  large  force  is  impracticable.  The  little 
forage  the  country  afforded  was  consumed  by  the 
enemy  in  his  retreat,  rendering  it  impossible  to 
subsist  any  considerable  number  of  animals.  The 
corps  of  Generals  Gilbert  and  McCook  were  there 
fore  halted  at  Crab  Orchard,  while  that  of  Gene 
ral  Crittenden,  with  General  W.  S.  Smith's  divi 
sion  in  advance,  continued  the  pursuit  as  far  as 
London,  on  the  direct  road,  and  on  the  branch 
road  to  Manchester. 

I  have  not  received  the  formal  report  of  the 
operations  of  this  corps,  but  the  pursuit  was  con 
ducted  by  its  commander,  according  to  my  or 
ders,  with  judgment  and  energy.  The  road  was 
cleared  of  the  trees  felled  across  it  by  the  enemy, 
and  his  rear-guard  attacked  successfully  at  several 
points.  Some  prisoners  were  taken,  and  about 
three  hundred  head  of  cattle,  and  other  property, 
to  no  very  great  amount,  captured. 

It  was  not  expedient  to  continue  the  pursui* 


DOCUMENTS. 


393 


beyond  London  ;  partly  because  it  was  impracti 
cable  in  a  manner  to  afford  any  material  advan 
tage  ;  partly,  because,  without  advantage,  it  took 
the  troops  out  of  the  way  when  they  were  likely 
to  be  required  elsewhere.  They  were  therefore 
promptly  turned  upon  other  routes  toward  Ten 
nessee.  A  portion  were  to  be  at  Bowling  Green, 
and  the  rest  at  Glasgow,  on  the  thirty-first  ult, 
and  thence  continue  their  march  by  certain  routes. 
In  that  position  I  relinquished  the  command  of 
the  army,  on  the  thirtieth,  to  Major-General  Rose- 
crans,  in  obedience  to  instructions  from  the  Gen 
eral-in-Chief. 

In  the  mean  time,  the  railroads  which  had  been 
broken  up  by  the  enemy,  and  suspended  for  two 
months,  had  been  repaired  as  far  as  Bowling 
Green,  to  carry  forward  supplies. 

I  have  no  means,  at  this  time,  of  reporting  the 
casualties  that  occurred  in  the  minor  engage 
ments  or  skirmishes  that  took  place  during  the 
campaign  ;  nor  is  it  possible  for  me  to  do  justice 
to  the  services  of  the  officers  and  soldiers  en 
gaged  in  them,  as  the  subsequent  movement  of 
the  troops,  and  my  separation  from  them,  have 
prevented  me  from  obtaining  detailed  reports, 
except  concerning  the  battle  of  the  eighth.  The 
particulars  referred  to  outside  of  the  battle  are 
based  upon  the  brief  and  sometimes  oral  reports 
made  at  the  time,  and  are  unavoidably  less  com 
plete  and  definite  than  I  could  wish.  For  the 
same  reason,  many  such  I  am  unable  to  mention 
at  all. 

In  regard  to  the  battle  of  the  eighth,  the  re 
ports  of  the  several  commanders  go  much  more 
into  detail  than  is  necessary  in  this  report,  and  I 
beg  leave  to  commend  them  to  your  considera 
tion,  especially  in  relation  to  the  services  of 
many  officers,  whose  names  are  not  herein  men 
tioned.  Where  I  have  mentioned  troops  by  the 
name  of  their  commander,  unless  otherwise  ex 
pressed,  I  wish  to  be  understood  as  commending 
him  for  their  good  conduct. 

The  daily  services  of  officers  in  an  active  cam 
paign,  though  less  brilliant,  are  often  more  ardu 
ous  and  important  than  those  of  the  battle-field  ; 
and  in  this  respect,  also,  the  commanders  of 
corps  —  Major-General  McCook,  Major-General 
Crittenden,  and  Brigadier-General  Gilbert,  are 
entitled  to  my  thanks,  and  the  approbation  of 
the  Government.  This  commendation  should  ex 
tend,  also,  to  many  other  officers  in  proportion 
to  their  responsibilities,  particularly  to  the  com 
manders  of  divisions. 

I  am  indebted  in  the  highest  degree  to  the 
members  of  my  staff  for  their  assistance — espe 
cially  to  my  Chief  of  Staff,  Colonel  James  B.  Fry, 
whose  efficient  aid  I  have  had  during  the  whole 
peoiod  of  my  command  in  Kentucky  and  Ten 
nessee.  The  difficult  and  responsible  duty  of 
supplying  a  large  force  by  wagon  transportation 
over  a  line  of  about  one  hundred  and  forty  miles, 
was  ably  performed  by  Captain  J.  G.  Chandler, 
Chief  Quartermaster,  and  Captain  Francis  Darr, 
Chief  Commissary. 

Captain  H.  C.  Bankhead,  Acting  Inspector- 
General,  Captain  J.  H.  Gilman,  Chief  of  Artillery 


and  Acting  Ordnance  Officer,  and  Captain  N. 
Michler,  of  Topographical  Engineers,  discharged 
their  duties  in  the  most  satisfactory  manner.  At 
Perryville  they  were  active  and  useful  in  recon 
noitring  the  ground,  with  a  view  to  posting  troops 
for  battle.  Major  J.  M.  Wright,  Assistant  Adju 
tant-General,  Lieutenant  C.  L.  Fitzhugh,  Aid-de- 
Camp,  and  Lieutenant  F.  J.  Bush,  Aid-de-Camp, 
carried  my  orders  to  different  posts  during  the 
eighth,  and  at  all  times  performed  their  duties 
with  intelligence  and  zeal. 

The  duties  of  his  office  have  been  ably  and 
faithfully  performed  by  Surgeon  Robert  Murray, 
the  Medical  Director. 

The  intelligent  officers  of  the  signal  corps, 
Captain  Jesse  Merrill  and  Lieutenants  Meeker, 
Sheridan,  and  Fitch,  attached  to  my  headquarters, 
rendered  good  service  at  Perryville  and  other 
points.  Private  Oakford,  of  the  Anderson  Troop, 
in  carrying  orders  late  on  the  evening  of  the  eighth, 
fell  into  the  enemy's  lines,  and  was  captured,  but 
had  the  presence  of  mind  to  destroy  his  despatch 
es.  I  cannot  omit  to  make  honorable  mention  of 
the  Michigan  regiment  of  mechanics  and  engi 
neers.  It  has  not  only  rendered  invaluable  serv 
ice  in  its  appropriate  duties  during  the  past  year, 
but  at  Chaplin  Hills,  and  on  other  occasions,  it 
has,  in  whole  or  in  part,  gallantly  engaged  the 
enemy.  I  especially  commend  Colonel  Innes, 
Lieutenant-Colonel  Hunton,  and  Major  Hopkins, 
for  the  efficient  services  of  this  fine  regiment. 

The  cavalry,  under  Colonel  John  Kennett, 
Fourth  Ohio,  commanding  a  division;  Colonel 
Lewis  Zahm,  Third  Ohio,  commanding  a  bri 
gade;  Colonel  E.  L.  McCook,  Second  Indiana, 
commanding  a  brigade ;  and  Captain  E.  Gay, 
commanding  a  brigade,  rendered  excellent  service. 
The  brigade  ol  Captain  Gay  was  conducted  with 
gallantry  and  effect  by  that  officer,  at  Perryville, 
on  the  seventh  and  eighth.  The  other  brigades 
were  not  in  the  battle,  but  came  in  contact  with 
the  enemy  on  other  occasions,  during  the  cam 
paign.  When  the  army  marched  on  Louisville 
they  were  left  on  the  south  side  of  Salt  River, 
under  the  command  of  Colonel  Kennett,  to  es 
cort  the  train  of  the  army  from  Bowling  Green, 
and  watch  the  enemy  in  the  direction  of  Bards- 
town. 

The  tram  was  conducted  in  the  most  successful 
manner  by  Colonel  Zahm.  The  brigade  of  Colo 
nel  E.  L.  McCook  also  acquitted  itself  in,the  most 
satisfactory  manner.  A  portion  of  it,  under  Lieu 
tenant-Colonel  R.  R.  Stewart,  of  the  Second  In 
diana  cavalry,  captured  Colonel  Crawford  and 
the  principal  part  of  his  regiment  of  Georgia  cav 
alry,  near  New-Haven,  on  the  twenty-ninth  of 
September. 

Colonel  Kennett,  with  Colonel  McCook's  bri 
gade,  rejoined  the  army  at  Bardstown  on  the 
fifth;  Colonel  Zahm  marched  across  from  the 
mouth  of  Salt  River  to  join  the  column  at  Frank 
fort,  thence  to  the  main  body  at  Danville. 

The  campaign  whose  history  I  have  sketched, 
occupied  a  period  of  about  twenty  days.  The 
result  can  be  stated  in  a  few  words: 

An  army  prepared  for  the  conquest  and  occu- 


594 


REBELLION  RECORD,  1862-63. 


pation  of  Kentucky,  with  full  knowledge  of  our 
means  of  resistance,  and  with  a  confident  expec 
tation  of  prevailing  over  them,  has  been  driven 
back,  baffled  and  dispirited,  from  the  borders  of 
the  State.  It  is  true,  that  only  one  serious  bat 
tle  has  been  fought,  and  that  was  incomplete  and 
less  decisive  than  it  might  have  been. 

That  it  was  so  is  due  partly  to  unavoidable 
difficulties  which  prevented  the  troops  marching 
on  different  roads  from  getting  upon  the  ground 
simultaneously  ;  but  more  to  the  fact  that  I  was 
not  apprised  early  enough  of  the  condition  of  af 
fairs  on  my  left.  I  can  find  no  fault  with  the 
former,  nor  am  I  disposed  at  this  time  to  censure 
the  latter,  though  it  must  be  admitted  to  have  been 
a  grave  error.  I  ascribe  it  to  the  too  great  confi 
dence  of  the  General  commanding  the  left  corps, 
(Major-General  McCook,)  which  made  him  be 
lieve  that  he  could  manage  the  difficulty  without 
the  aid  or  control  of  his  commanaer. 

As  before  stated,  there  was  skirmishing  along 
the  whole  front,  but  after  a  certain  hour,  for  the 
reason  stated,  no  general  engagement  was  an 
ticipated  that  day,  and  no  sound  of  musketry 
reached  my  headquarters  by  which  the  sharpness 
of  the  action  on  the  left  could  be  known  or  even 
suspected ;  and  when  the  fact  was  ascertained, 
it  was  too  late  to  do  more  than  throw  in  succor 
before  night  set  in.  But  although  this  lack  of 
information  was  attended  with  disappointment, 
and  unfortunate  consequences,  yet  the  unequal 
struggle  was  marked  by  no  disaster,  and  con 
spicuously  displayed  the  courage  and  discipline 
of  the  troops. 

From  first  to  last,  I  suppose  four  or  five  thou 
sand  prisoners,  sick,  wounded,  and  well,  were 
taken  ;  and  at  various  points  some  stores  and  pro 
perty  fell  into  our  hands,  among  them  twenty- 
five  thousand  barrels  pork,  and  two  pieces  of 
cannon  abandoned  by  the  enemy  at  Camp  Dick 
Robinson.  I  do  not  believe  that  he  carried  oft' 
in  his  retreat  any  large  amount  of  stores ;  he  may 
have  sent  off  a  good  deal  from  first  to  last,  while 
he  was  in  quiet  occupation  of  so  much  of  the 
State. 

The  reports  show  a  loss  of  nine  hundred  and 
sixteen  killed,  two  thousand  nine  hundred  and 
forty-three  wounded,  and  four  hundred  and  eighty- 
nine  missing ;  total,  four  thousand  three  hundred 
and  forty-eight  in  the  battle  of  the  eighth.  It  in 
cluded  many  valuable  lives.  The  loss  of  such 
men  as  James  P.  Jackson,  William  R.  Terrill, 
George  P.  Jouett,  George  Webster,  W.  P.  Camp 
bell,  Alexander  D.  Berryhill,  and  John  Harrell, 
would  be  mourned  in  any  army  and  any  cause 
where  true  manliness  and  earnest  devotion  are 
appreciated. 

I  inclose  herewith  the  reports  of  subordinate 
commanders,  as  far  as  received,  and  a  map  show 
ing  the  lines  of  operation  of  the  army. 

Major-General  Thomas  acted  as  second  in  com 
mand  during  the  campaign,  and  I  am  indebted 
to  him  for  the  most  valuable  assistance. 

Very  respectfully,  your  obedient  servant, 
D.  C.  BUELL, 

Major-General. 


Doc.  7* 
SECRETARY  STANTON^S   REPORT. 

WAR  DEPARTMENT,  November  29,  1362. 

SIR:  That  portion  of  the  United  States  which 
is  now,  or  has  been  during  the  last  year,  the 
scene  of  military  operations  is  comprised  within 
ten  military  departments.  The  armies  operating 
in  these  departments,  according  to  recent  official 
returns,  constitute  a  force  of  seven  hundred  and 
seventy-five  thousand  three  hundred  and  thirty- 
six  officers  and  privates,  fully  armed  and  equip 
ped.  Since  the  date  of  the  returns  this  number 
has  been  increased  to  over  eight  hundred  thou 
sand  men.  When  the  quotas  are  filled  up  the 
force  will  number  a  million  of  men,  and  the  esti 
mates  for  next  year  are  based  upon  that  number. 

The  Middle  department,  comprising  the  States 
of  Pennsylvania,  Maryland,  New-Jersey,  and  Del 
aware,  and  the  department  of  Virginia,  have 
been  the  scene  of  important  military  operations, 
concerning  which  detailed  reports  have  not  yet 
been  made  by  the  commanding  generals  to  this 
department.  Your  knowledge  of  the  character 
and  results  of  these  operations  dispenses  with 
the  necessity  for  any  review  until  the  final  re 
ports  are  made. 

The  preliminary  reports  of  Major-General  Mc- 
Clellan  of  the  battles  before  Richmond,  and  of 
the  battles  of  Antietam  and  South-Mountain, 
and  the  report  of  the  General-in-Chief,  are  sub 
mitted. 

The  communications  between  this  department 
and  the  respective  commanders  were  prepared 
under  a  resolution  of  the  Senate  at  the  last  ses 
sion,  and  will  be  transmitted  to  Congress  when 
ever  you  shall  be  pleased  to  give  your  sanction. 

The  report  of  General  Halleck,  the  General-in 
Chief,  exhibits  the  operations  in  these  depart 
ments  since  the  twenty-third  of  July,  the  date 
at  which,  under  your  order,  he  assumed  com 
mand  of  all  the  armies  of  the  United  States. 

If  the  campaigns  of  the  armies  in  these  depart 
ments  have  not  equalled  in  their  results  the  ex 
pectations  of  the  Government  and  the  public 
hope,  still  they  have  not  been  unproductive  of 
good  result.  The  valor  of  our  troops  has  been 
displayed  upon  many  occasions,  and  the  skill  and 
gallantry  of  their  officers  have  been  distinguished 
at  Yorktown,  Williamsburgh,  Fair  Oaks,  Games' s 
Mill,  Malvern  Hill,  Cross  Keys,  Cedar  Mountain, 
Chantilly,  and  other  places  enumerated  in  the 
reports  herewith  submitted. 

The  invading  army  which  recently  threatened 
the  capital  and  the  borders  of  Maryland  and  Penn 
sylvania,  has  been  driven  back  beyond  the  Rap- 
pahannock ;  Norfolk,  captured  by  Major-General 
Wool,  is  in  our  possession  ;  Suffolk  and  York- 
town  are  held ;  a  strong  army  corps,  under  its 
vigilant  and  efficient  commander,  Major-General 
Dix,  at  Fortress  Monroe,  threatens  and  harasses 
the  enemy ;  and,  what  is  especially  gratifying,  it 
has  been  proved  that  the  loyalty  of  the  State  of 
Maryland  cannot  be  shaken,  even  by  the  pres 
ence  of  a  rebel  army. 

The  official  reports  received  at  this  department 


DOCUMENTS. 


395 


show  that  the  military  operations  in  the  West 
during  the  past  year  have  been  both  active  and 
successful. 

The  beginning  of  last  winter  found  the  rebel 
armies  of  Price  and  McCulloch  in  the  possession 
of  all  the  north-western  portion  of  Missouri, 
while  many  of  the  counties  north  of  the  Missouri 
River  were  in  a  state  of  insurrection.  Our  forces 
were  concentrated  at  Rolla  and  Sedalia.  As  soon 
as  the  rebels  could  be  driven  from  the  northern 
counties,  and  our  armies  reorganized,  active  op 
erations  were  commenced,  notwithstanding  the 
inclemency  of  the  season  and  the  bad  condition 
of  the  roads.  On  the  eighteenth  of  December  a 
considerable  number  of  the  enemy  were  cut  off 
and  captured,  while  on  their  way  to  join  Price 
on  the  Osage  River.  The  forces  at  Rolla,  under 
General  Curtis,  moved  toward  Springfield,  which 
compelled  Price  to  fall  back  into  Arkansas,  where 
he  was  joined  by  Van  Dorn.  A  severe  battle 
was  fought  at  Pea  Ridge,  Arkansas,  on  the  sixth, 
seventh,  and  eighth  of  March,  between  the  com 
bined  armies  of  the  enemy  and  General  Curtis's 
force,  in  which  the  latter  gained  a  complete  and 
decisive  victory. 

The  gunboats,  under  Flag-Officer  Foote,  and 
the  troops  at  Cairo,  under  General  Grant,  moved 
up  the  Tennessee  River  for  the  reduction  of 
Forts  Henry  and  Donelson.  While  Grant's  troops 
were  marching  to  surround  the  former  place,  it 
was  attacked  by  the  gunboats  and  reduced  on 
the  sixth  of  February,  after  a  short  but  severe 
engagement.  General  Grant  then  marched  across 
the  peninsula  and  attacked  Fort  Donelson.  Af 
ter  several  days'  hard  fighting  that  place  also 
capitulated  on  the  sixteenth,  with  its  armament 
and  garrison,  except  a  small  force  which  crossed 
the  Cumberland  in  the  night  and  effected  their 
escape.  This  victory  caused  the  immediate  evac 
uation  of  Bowling  Green  and  Nashville,  and  soon 
after  of  Columbus  and  the  greater  part  of  Mid 
dle  Tennessee. 

While  Grant  and  Buell  were  concentrating 
their  armies  on  the  Tennessee  River,  near  the 
head  of  navigation  and  great  lines  of  railroad 
communication,  General  Pope  moved  down  the 
west  bank  of  the  Mississippi,  captured  New-Mad 
rid,  and  crossing  the  river  below  the  enemy's 
batteries  on  and  near  Island  No.  10,  compelled 
the  garrison  to  capitulate  on  the  seventh  and 
eighth  of  April.  General  Grant  had  crossed  the 
Tennessee  and  taken  position  at  Pittsburgh  Land 
ing,  in  anticipation  of  the  arrival  of  Buell. 

The  enemy  advanced  from  Corinth,  and  at 
tacked  Grant  on  the  morning  of  the  sixth  of 
April.  A  severe  battle  ensued,  which  continued 
till  dark,  the  left  of  our  line  being  driven  back 
nearly  to  the  river.  A  portion  of  Buell's  forces 
arrived  in  the  afternoon  and  during  the  night, 
and  the  battle  was  resumed  at  daylight  on  the 
morning  of  the  seventh. 

The  enemy  were  driven  back  at  every  point, 
and  in  the  afternoon  fled  from  the  field,  leaving 
their  dead  and  many  of  their  wounded  in  our 
hands. 

Finding  that  the  armies  of  Price  and  Van  Dorn 


had  been  withdrawn  from  Arkansas  to  Corinth, 
and  all  the  available  troops  of  the  enemy  at  the 
South- West  concentrated  at  that  place,  orders 
were  sent  for  General  Pope  and  a  part  of  General 
Curtis's  troops  to  reenforce  our  army  on  the  Ten 
nessee.  The  latter  had  long  and  difficult  marches 
to  make,  and  did  not  reach  their  destination  till 
the  latter  part  of  May.  As  the  enemy's  position 
at  Corinth  was  strongly  fortified  and  very  diffi 
cult  of  attack  at  that  season  of  the  year,  on  ac 
count  of  the  deep  marshes  by  which  it  was  sur 
rounded,  General  Halleck,  while  awaiting  tho 
arrival  of  reinforcements  from  Missouri,  ap 
proached  the  front  by  means  of  trenches,  and 
movable  forces  were  sent  out  to  cut  the  rail 
roads  on  the  flanks.  By  the  twenty-ninth  of 
May,  three  of  the  four  railroads  running  from 
Corinth  had  been  destroyed,  and  heavy  batteries 
established  within  breaching  distance  of  the  ene 
my's  works,  ready  to  open  fire  the  next  morn 
ing.  The  enemy  evacuated  the  place  in  the  night, 
destroying  the  bridges  and  breaking  up  the  roads 
in  his  rear.  As  all  the  streams  were  bordered 
by  deep  and  impassable  marshes,  the  enemy 
could  not  be  pursued  without  rebuilding  the 
bridges  and  reopening  the  roads.  The  corps  of 
Buell  and  Pope  followed  the  enemy  about  fifty 
miles  into  the  swamps  of  Mississippi,  capturing 
a  considerable  number  of  stragglers  and  desert 
ers,  when  the  want  of  supplies  compelled  them 
to  discontinue  the  pursuit.  The  reduction  of 
Corinth  caused  the  immediate  evacuation  of  Forts 
Pillow  and  Randolph  and  the  city  of  Memphis. 
The  flotilla  and  ram-fleet  attacked  and  destroyed 
the  enemy's  gunboats,  opening  the  Mississippi 
River  to  Vicksburgh. 

Meanwhile  General  Curtis,  with  the  remainder 
of  his  army,  marched  through  the  north-east 
part  of  Arkansas,  and,  after  several  successful 
engagements,  reached  Helena,  where  he  estab 
lished  a  depot  of  supplies  for  future  operations. 

General  Buell  had,  during  the  autumn  of  1861, 
collected  a  large  force  at  Louisville  and  in  other 
parts  of  Kentucky.  While  his  main  army  ad 
vanced  toward  Bowling  Green,  General  Thomas's 
command  was  pushed  forward  to  the  Upper  Cum 
berland.  On  the  nineteenth  of  January  he  en 
countered  the  forces  of  Zollicoffer,  and  after  a 
severe  battle  at  Mill  Springs,  defeated  and  utterly 
routed  them.  On  the  evacuation  of  Bowling 
Green  and  Nashville,  General  Buell's  army  pur 
sued  the  enemy  to  Murfreesboro  and  Columbia, 
and  from  the  latter  place  the  main  body  was 
marched  to  Savannah  and  Pittsburgh  Landing. 

The  great  mass  of  the  enemy's  forces  in  the 
South-West  being  at  this  time  concentrated  in 
the  vicinity  of  Corinth,  the  division  of  General 
Mitchel  advanced  to  Decatur,  in  Alabama,  and 
afterward  occupied  most  of  the  country  in  the 
direction  of  Chattanooga.  The  column  of  Gen 
eral  G.  W.  Morgan,  after  several  engagements 
with  the  enemy  in  the  vicinity  of  Cumberland 
Gap,  took  possession  of  that  important  place. 
The  later  operations  in  the  West  are  described 
in  the  report  of  the  General-in-Chief. 

Four  rulitary  departments  are  now  organized 


396 


REBELLION  RECORD,  1862-63. 


m  the  territory  where  these  operations  were  car 
ried  on,  namely,  the  departments  of  the  Ohio,  of 
the  Mississippi,  of  the  Tennessee,  and  of  the  Cum 
berland,  and  their  present  military  condition  will 
hereafter  be  noticed. 

In  the  department  of  North-Carolina  the  suc 
cessful  expedition  of  Major-General  Burnside,  by 
the  occupation  of  Roanoke  Island,  Newbern,  and 
the  reduction  of  Fort  Macon,  struck  a  heavy  blow, 
and  under  a  Military  Governor — the  Hon.  Ed 
ward  Stanly — the  protection  of  the  laws  has  been 
extended  to  the  loyal  inhabitants  of  that  State, 
and  facility  afforded  for  organizing  a  civil  govern 
ment  and  casting  off  the  rebel  yoke. 

In  the  department  of  the  South  active  opera 
tions  have  been  for  a  time  suspended  by  the  pre 
sence  of  yellow  fever,  and  by  the  death  of  Major- 
General  Mitchel,  the  late  gallant  commander  of 
that  department.  A  premature  attack  upon 
Charleston  against  the  orders  of  the  then  com 
manding  general,  resulted  in  the  failure  that  was 
apprehended  by  him.  The  capture  of  Fort  Pu- 
laski,  by  Major-General  Hunter,  has  effectually 
closed  the  port  of  Savannah,  and  the  Government 
securely  holds  Hilton  Head  and  Beaufort.  The 
enemy  was  forced  to  abandon  the  siege  of  Fort 
Pickens,  and  other  portions  of  Florida  are  in  our 
occupation.  A  recent  expedition  along  the  coast 
was  attended  with  success,  detailed  in  the  report 
of  the  General-in-Chief. 

In  the  department  of  the  Gulf  the  operations 
of  Major-General  Butler  have  been  distinguished 
by  great  energy  and  ability.  The  occupation  of 
New-Orleans  and  the  control  of  the  mouth  of  the 
Mississippi  have  been  among  the  most  brilliant 
and  important  results  of  the  war.  The  period  is 
believed  to  be  not  far  distant  when  all  the  rebel 
forces  will  be  driven  from  the  banks  of  the  Mis 
sissippi,  and  the  navigation  of  that  river  rendered 
secure. 

The  recent  operations  in  the  department  of  the 
Missouri  are  detailed  in  the  report  of  the  General- 
in-Chief.  The  State  of  Missouri  is  believed  to 
be  secure  against  any  aggression  by  the  enemy ; 
and  in  the  State  of  Arkansas  the  dispersion  of 
the  rebel  forces  will  enable  the  Military  Governor 
of  that  State  to  take  proper  measures  for  the 
restoration  of  the  civil  authority  of  the  United 
States  within  its  borders. 

The  department  of  the  North- West,  embracing 
the  States  of  Iowa,  Minnesota,  Wisconsin,  and  the 
Territory  of  Dakotah,  was  organized  for  the  emer 
gency  occasioned  by  an  Indian  outbreak,  and 
placed  under  command  of  Major-General  John 
Pope.  The  Indian  hostilities  have  been  sup 
pressed,  and  further  trouble  from  that  source  is 
not  apprehended.  Such  force  as  may  be  deemed 
requisite  by  the  military  authorities  will  be  held 
in  readiness  for  any  sudden  necessity. 

The  Indian  hostilities  in  Minnesota,  by  whom 
soever  instigated,  seem  to  have  been  accompanied 
with  more  than  usual  cruelty  and  outrage.  Heavy 
losses  in  property  are  said  to  have  been  endured 
by  the  inhabitants,  and  application  has  been 
made  to  the  department  for  compensation.  As 
it  has  no  funds  applicable  to  that  p  irpose,  nor 


authority  to  assess  the  damages,  the  subject  will 
require  Congressional  action.  Three  hundred 
captured  Indians  have  been  tried  by  court-mar 
tial,  and  their  sentence  of  death  is  now  under 
your  consideration. 

The  rebels,  under  Sibley,  were  driven  from  the 
department  of  New-Mexico  by  General  Canby, 
and  the  force  in  that  department,  now  under 
command  of  General  Carlton,  will  be  able  to  pro 
tect  the  inhabitants  of  that  remote  territory. 

The  department  of  the  Pacific  has  been  freo 
from  any  of  the  calamities  occasioned  by  the  re 
bellion,  but  an  earnest  and  deep  sympathy  has 
been  manifested  by  the  loyal  citizens  of  the  Paci 
fic  States  in  support  of  the  Union  cause.  Volun 
teers  have  come  forward  to  fill  the  ranks  of  the 
army,  and  with  unparalleled  liberality  large  sums 
of  money  have  been  transmitted  by  humane  and 
loyal  citizens  of  California  for  the  relief  of  our 
sick  and  wounded  soldiers.  The  patriotic  loyal 
ty  of  our  brethren  on  the  Pacific,  thus  humanely 
exhibited,  evinces  their  estimate  of  the  value  of 
the  Union,  and  their  willingness  to  share  the 
burden  of  maintaining  it  from  sea  to  sea. 

In  the  department  of  the  Ohio  the  invasion  of 
Kentucky  by  General  Bragg,  the  terrible  battle 
of  Perrysville,  and  the  escape  of  Bragg' s  army, 
were  events  that  pressed  heavily  upon  the  Gov 
ernment,  and  moved  deeply  the  hearts  of  the 
people,  especially  in  the  Western  States.  These 
events  are  about  to  undergo  investigation,  and 
when  the  causes  to  which  they  are  attributable 
are  judicially  ascertained,  they  will  be  laid  be 
fore  3rou  for  your  action.  Recent  events  prove 
that  whatever  hold  the  spirit  of  rebellion  may 
once  have  had  in  Kentucky,  it  is  now  to  be 
reckoned  as  a  State  loyal  and  steadfast  to  the 
Union. 

The  department  of  the  Tennessee  is  now  un 
der  command  of  Major-General  Grant.  The  prin 
cipal  operations  in  that  department  have  already 
been  alluded  to,  and  are  detailed  in  the  report  of 
the  General-in-Chief.  Their  importance  cannot 
be  over-estimated.  The  occupation  of  Memphis- 
next  to  New-Orleans  the  principal  mart  on  the 
Mississippi — and  the  wise  and  vigorous  measures 
of  Major-General  Sherman,  commanding  there, 
have  opened  a  market  for  cotton  and  other  South 
ern  products,  the  beneficial  effects  of  which  are 
already  felt  in  the  reviving  commerce  of  the  coun 
try. 

The  department  of  the  Cumberland,  embracing 
that  portion  of  the  State  of  Tennessee  east  of  the 
Tennessee  River,  and  the  Cumberland  Gap,  was 
placed,  upon  the  removal  of  General  Buell,  in 
command  of  Major-General  Rosecrans.  Having 
a  well-disciplined  and  gallant  army  under  his 
command,  a  proper  degree  of  diligence  and  ac 
tivity  cannot  fail  to  exercise  an  important  influ 
ence  upon  the  speedy  termination  of  the  war. 

From  a  survey  of  the  whole  field  of  operations, 
it  is  apparent  that  whatever  disasters  our  arms 
may  have  suffered  at  particular  points,  a  gre^t 
advance  has  nevertheless  been  made  since  the 
commencement  of  the  war.  When  it  began,  the 
enemy  were  in  possession  of  Norfolk,  and  every 


DOCUMENTS. 


397 


oort  of  the  Southern  coast.  They  held  the  Mis 
sissippi,  from  Cairo  to  New-Orleans.  Now,  the 
blockaded  ports  of  Charleston  and  Mobile  only 
remain  to  them  on  the  seaboard ;  and  New-Or 
leans  and  Memphis  have  been  wrested  from 
them.  Their  possession  of  Vicksburgh  obstructs 
the  Mississippi,  but  it  is  to  them  of  no  commer 
cial  use.  Their  strongholds  on  the  Tennessee 
and  Cumberland  Rivers  have  been  captured. 
General  Andrew  Johnson,  as  Military  Governor 
of  Tennessee,  holds  Nashville.  The  enemy  have 
been  driven  from  Kentucky,  West-Tennessee, 
Missouri,  part  of  Arkansas ;  are  fleeing  before 
Grant  in  Mississippi,  and  all  their  hopes  of  Mary 
land  are  cut  off.  In  commercial,  political,  and 
strategical  points  of  view,  more  success  has  at 
tended  the  Union  cause  than  was  ever  witnessed 
upon  so  large  a  theatre,  in  the  same  brief  period, 
against  so  formidable  an  enemy. 

The  Union  forces  are  now  in  the  field,  under 
able  commanders,  stronger  than  ever,  resolute 
and  eager  to  be  led  against  the  enemy,  and  to 
crush  the  rebellion  by  a  vigorous  winter  cam 
paign.  The  armies  of  the  Potomac  and  of  the 
"West  stand  ready  to  vie  with  each  other  in  quick 
est  and  heaviest  blows  against  the  enemy.  Taught 
by  experience  the  ruin  of  inaction  and  the  hazard 
of  delay,  a  spirit  of  earnest  activity  seems  to  per 
vade  the  forces  of  the  United  States  beyond  what 
has  hitherto  been  exhibited.  In  the  numerous 
battles  and  engagements  that  have  occurred,  our 
armies  in  general  display  the  courage  and  deter 
mination  that  should  inspire  officers  and  soldiers 
fighting  in  defence  of  their  government.  Many 
gallant  lives  have  been  lost,  and  many  brave  and 
distinguished  officers  have  fallen.  For  the  dead 
deep  sorrow  is  felt  by  the  Government  and  peo 
ple  of  the  United  States.  A  detailed  report  of 
those  who  have  fallen  in  battle,  or  have  distin 
guished  themselves  in  the  field,  will  be  present 
ed  to  you  as  soon  as  all  the  necessary  official  re 
ports  can  be  obtained.  Some  promotions  in 
reward  of  gallant  service  have  already  been  made 
from  the  ranks,  and  to  high  command;  others 
have  been  delayed  for  want  of  the  reports  of  sub 
ordinate  commanders,  in  order  that  promotion 
may  be  governed,  not  by  partiality  or  prejudice, 
but  upon  due  consideration  of  relative  merit.  By 
a  resolution  of  Congress,  passed  at  the  last  ses 
sion,  the  President  was  authorized  to  distribute 
two  thousand  medals  to  private  soldiers  of  dis 
tinguished  merit.  From  different  specimens  a 
selection  has  been  made,  and  the  medals  are  to 
be  ready  in  January  for  distribution. 

The  reports  of  the  Adjutant-General,  Quarter 
master-General,  Commissary-General,  Chief  of 
Ordnance,  Chief  of  Engineers,  Chief  of  Topo 
graphical  Engineers,  Paymaster-General,  and  Sur 
geon-General,  herewith  submitted,  show  the  oper 
ations  of  the  respective  bureaus  of  this  department  t 
luring  the  past  year.  Some  of  them  contain 
details  and  information  which,  for  obvious  rea 
sons,  ought  i.ot  to  be  placed  by  publication  at 
present  within  the  reach  of  the  enemy.  What 
ever  details  relating  to  the  public  security  con 
tained  in  these  reports,  and  not  herein  stated, 
S.  D.  25. 


which  may  be  required  for  the  information  of 
Congress  or  Congressional  committees,  will  be 
furnished  under  your  direction. 

The  Adjutant-General's  office  is  charged,  among 
other  important  duties,  with  the  business  relat 
ing  to  enlistments,  recruiting,  and  drafting  mili 
tia.  Under  your  calls  of  July  and  August  there 
are  already  in  the  field  over  four  hundred  and 
twenty  thousand  new  troops,  of  which  three  hun 
dred  and  ninety-nine  thousand  (399,000)  are  vol 
unteers,  three  hundred  and  thirty-two  thousand 
(332,000)  of  whom  have  volunteered  for  three 
i  years  or  during  the  war.  It  will  be  remembered 
that  the  call  was  made  at  one  of  those  periods  of 
despondency  which  occur  in  every  national  strug 
gle.  A  chief  hope  of  those  who  set  the  rebellion 
on  foot  was  for  aid  and  comfort  from  disloyal 
sympathizers  in  the  Northern  States,  whose  ef 
forts  were  relied  upon  to  divide  and  distract  the 
people  of  the  North,  and  prevent  them  from  put 
ting  forth  their  whole  strength  to  preserve  the 
national  existence.  The  call  for  volunteers  and 
a  draft  of  the  militia  afforded  an  occasion  for 
disloyal  persons  to  accomplish  their  evil  purposes 
by  discouraging  enlistments,  and  encouraging  op 
position  to  the  war  and  the  draft  of  soldiers  to 
carry  it  on. 

Anxiety  was  felt  in  some  States  at  the  proba 
ble  success  of  these  disloyal  practices,  and  the 
Government  was  urged  to  adopt  measures  of  pro 
tection  by  temporary  restraint  of  those  engaged 
in  these  hostile  acts.  To  that  end  Provost-Mar 
shals  were  appointed  for  some  of  the  States,  upon 
the  nomination  of  their  Governors,  to  act  under 
the  direction  of  the  State  Executive,  and  the  writ 
of  habeas  corpus  was  suspended  by  your  order. 
By  order  of  the  department,  arrests  were  forbid 
den  unless  authorized  by  the  State  Executive  or 
by  the  Judge-Advocate.  Some  instances  of  un 
authorized  arrests  have  occurred,  and  when 
brought  to  the  notice  of  the  department,  the  par 
ties  have  been  immediately  discharged.  By  a 
recent  order,  all  persons  arrested  for  discouraging 
enlistments,  or  for  disloyal  practices,  in  States 
where  the  quotas  of  volunteers  and  militia  are 
filled  up,  have  been  released.  Other  persons  ar 
rested  by  military  commanders  and  sent  from 
departments  where  their  presence  was  deemed 
dangerous  to  the  public  safety,  have  been  dis 
charged  upon  parole  to  be  of  good  behavior,  and 
do  no  act  of  hostility  against  the  Government  of 
the  United  States. 

While  military  arrests  of  disloyal  persons  form 
the  subject  of  complaint  in  sOme  States,  the  dis 
charge  of  such  persons  is  complained  of  in  other 
States. 

It  has  been  the  aim  of  the  department  to  avoid 
any  encroachments  upon  individual  rights  as  far 
as  might  be  consistent  with  public  safety  and  the 
preservation  of  the  Government.  But  reflecting 
minds  will  -perceive  that  no  greater  encourage 
ment  can  be  given  to  the  enemy,  no  more  danger 
ous  act  of  hostility  can  be  perpetrated  in  this 
war,  than  efforts  to  prevent  recruiting  and  enlist 
ments  for  the  armies,  upon  whose  strength  na 
tional  existence  depends.  The  expectations  ol 


398 


REBELLION  RECORD,  1862-C3. 


the  rebel  leaders,  and  their  sympathizers  in  loy 
al  States,  that  the  call  for  volunteers  would  not 
be  answered,  and  that  the  draft  could  not  be  en 
forced,  have  failed,  and  nothing  is  left  but  to 
clamor  at  the  means  by  which  their  hopes  are 
frustrated,  and  to  strive  to  disarm  the  Govern 
ment  in  future,  if,  in  the  chances  of  war,  another 
occasion  for  increasing  the  military  force  should 
arise. 

Beside  aiding  State  authorities  respecting  draft 
and  enlistment,  another  important  duty  is  as 
signed  to  the  Provost-Marshals.  The  army  re 
turns  and  the  report  of  the  General-in-Chief  show 
that  a  large  number  of  officers  and  enlisted  sol 
diers  who  are  drawing  pay  and  rations  are  im 
properly  absent  from  their  posts.  The  pursuit 
of  such  persons,  and  their  compulsory  return  to 
duty,  is  a  necessary  function  of  a  Provost-Mar 
shal,  and  such  number  only  as  may  be  required 
for  that  purpose  will  be  retained  in  the  service. 
The  pay  and  bounty  allowed  by  act  of  Congress 
to  recruits  have  offered  strong  temptations  to 
practise  fraud  upon  the  Government  by  false  re 
turns  upon  the  muster-rolls,  and  false  charges 
for  subsistence.  Diligent  efforts  are  being  made 
for  the  detection  of  all  such  practices,  and  to  bring 
the  guilty  parties — some  of  whom  have  held  re 
spectable  stations  in  society  —  before  a  proper 
civil  or  military  tribunal  as  soon  as  the  necessary 
preliminary  investigations  by  the  Judge-Advocate 
can  be  completed.  The  same  course  is  being 
pursued  in  respect  to  fraudulent  contractors  and 
disbursing  officers. 

The  expenditures  for  enlistments,  recruiting, 
drilling,  and  subsistence  of  volunteers,  regulars 
and  militia,  amounts  to  the  sum  of  twenty  mil 
lion  six  hundred  and  ninety-two  thousand  two 
hundred  and  eighty-two  dollars  and  ninety-nine 
cents,  ($20,692,282.99.) 

In  some  States  the  whole  quota  of  volunteers 
and  militia  called  for  was  entirely  filled  up  by 
volunteers  without  draft.  In  some  the  whole 
number  of  volunteers  was  raised,  and  a  part  of 
the  militia.  Other  States  are  deficient  in  volun 
teers,  and  have  not  yet  made  their  draft,  but 
have  taken  measures  for  that  purpose.  Illinois 
and  Iowa  have  furnished  more  volunteers  than 
their  quota  under  both  calls.  The  general  ac 
quiescence  of  all  the  loyal  States  in  the  measures 
deemed  necessary  to  strengthen  the  armies  and 
prosecute  the  war,  at  every  hazard,  to  final  suc 
cess,  proves  the  fidelity  of  the  people  to  the  Gov 
ernment,  and  their  determination  to  maintain  its 
unity  and  uphold  its  authority  over  the  whole 
territory  of  the  United  States.  Wherever  any 
forcible  opposition  to  the  draft  has  appeared,  it 
was  confined  to  narrow  limits,  and  was  suppress 
ed  by  the  action  of  the  State  authorities,  through 
the  Provost-Marshals,  without  the  intervention 
of  any  armed  force  of  the  general  Government. 

The  advantage  of  filling  up  the  o]|}  regiments 
is  shown  by  many  considerations.  Various  ex 
pedients  have  been  adopted  to  accomplish  that 
object.  The  official  returns  show  that  since  the 
call  for  volunteers  forty-nine  thousand  nine  hun 
dred  and  ninety  (49.990)  recruits  have  been  add- 


'  ed  to  the  old  regiments.  By  the  aid  of  some 
legislation  it  is  hoped  that  this  important  object 
may  be  effectually  attained. 

The  Adjutant-General's  office  has  alsv*  had 
charge  of  the  exchange  of  prisoners.  In  the 
month  of  July  a  cartel  of  exchange  was  arranged 
by  General  John  A.  Dix,  on  the  part  of  the 
United  States,  and  General  Hill  of  the  rebel 
army,  under  which  large  numbers  of  prisoners 
of  war  have  been  exchanged.  There  still  remain 
some  paroled  prisoners  belonging  to  the  United 
States  army  whose  exchange  will  be  effected  at 
the  earliest  opportunity. 

Experience  has  shown  that  serious  defects 
exist  in  the  militia  law,  which  should  be  prompt 
ly  remedied,  and  that  the  laws  in  relation  to 
volunteers  also  need  amendment.  The  views  of 
the  department  on  these  subjects  will  be  commu 
nicated  to  the  appropriate  committees  of  Con 
gress.  The  patriotic  zeal  and  efficient  aid  cordi 
ally  rendered  by  the  respective  Governors  of  the 
loyal  States  in  the  laborious  and  complicated 
duties  pertaining  to  raising  the  volunteers  and 
making  the  draft,  are  thankfully  acknowledged 
by  this  department. 

One  of  the  principal  bureaus  of  this  depart 
ment  in  respect  to  the  amount  of  expenditure 
and  the  magnitude  of  operations,  as  well  as 
their  influence  upon  military  movements,  is  that 
of  the  Quartermaster-General.  His  able  and 
elaborate  report  will  be  found  worthy  of  your 
special  observation.  It  presents  a  general  state 
ment  of  the  operations  of  the  department  under 
his  charge  during  the  fiscal  year.  The  clothing 
and  equipage  of  the  army  ;  all  that  relates  to  its 
shelter  in  camp,  in  barracks  or  on  the  march  ; 
the  organization,  equipment  and  care  of  the  bag 
gage  and  supply  trains ;  the  purchase  and  char 
ter  of  transports  ;  the  transportation  of  troops 
and  supplies  of  all  kinds  ;  the  repair  and  recon 
struction  of  bridges,  railroads,  and  common 
roads;  the  supply  of  forage  for  the  army,  of 
horses  for  the  cavalry  and  artillery  ;  of  harness, 
except  for  the  cavalry  and  artillery  ;  of  wagons, 
ambulances,  hospital  transport-carts,  and  all  the 
vehicles  of  the  trains,  except  artillery  carriages 
and  caissons  ;  the  supply  of  labor  other  than  that 
of  troops  ;  the  payment  of  soldiers  on  extra  duty  ; 
the  erection  of  barracks,  hospitals  and  stables ; 
the  supply  of  tents  ;  the  care  of  refugees  and 
prisoners  ;  and  generally  all  the  expenses  attend 
ing  the  operations  and  movements  of  an  army 
not  specifically  assigned  to  some  other  depart 
ment,  fall  within  the  duties  of  the  Quarter 
master's  department. 

The  extent  of  the  issues  of  some  of  the  most 
important  materials  of  war  are  set  forth  in  tables 
attached  to  the  report,  A  full  statement  of  the 
expenditures  of  the  fiscal  year  is  given  ;  and  it 
will  be  seen  that  while  the  army  is  reported  to 
have  been  successfully  and  promptly  furnished 
with  all  supplies  which  it  is  the  duty  of  the 
Quartermaster's  department  to  provide,  the  de 
partment  has  not  had  at  its  command  facilities 
for  completing  as  promptly  as  the  interest  of  the 
Government  and  of  the  officer  requires,  the 


DOCUMENTS. 


390 


examination'  of  the  voluminous  accounts  of  its 
disbursing  agents. 

The  magnitude  of  the  operations  for  the  supply 
of  the  army  are  set  forth  in  the  report,  with  re 
marks  upon  the  means  of  reducing  expenditures, 
and  providing  for  a  more  speedy  settlement  of 
accounts,  and  a  more  strict  accountability  for 
public  money  and  property. 

It  will  be  seen  that  the  Quartermaster's  de 
partment  upon  which,  under  the  law  of  seven 
teenth  July,  providing  for  the  employment  of 
colored  persons,  the  charge  of  such  persons  is 
chiefly  imposed,  has  not  found  itself  burdened 
with  their  care,  but  that  it  has,  on  the  contrary, 
derived  valuable  aid  from  their  labor,  and  in  a 
considerable  portion  of  its  field  of  operations  has 
thus  far  suffered  from  a  scant  rather  than  from 
too  great  a  supply  of  such  labor.  In  Louisiana, 
where,  at  one  time,  there  were  apprehensions  of 
embarrassment  from  the  number  of  refugees,  the 
reserve  of  a  tract  of  rich  land  along  the  railroad 
to  Berwick's  Bay,  opens  up  a  territory  in  which 
many  thousands  can  be  profitably  employed,  if 
placed  under  proper  regulation  and  control.  At 
Port  Royal  such  persons  have  been  extensively 
employed  in  the  work  of  the  Quartermaster's 
department  and  in  cultivating  some  thousands 
of  acres  of  the  sea  islands  of  the  coast,  the  pro 
ducts  of  which  are  used  in  the  support  of  them 
selves  and  families.  In  the  operations  of  the 
army  on  the  James  River,  and  upon  the  Potomac, 
in  the  fortifications  of  Washington,  and  as  labor 
ers,  teamsters,  hostlers,  in  the  landing  and  ship 
ping  of  stores,  they  have  been  of  great  service ; 
and  the  demand  for  their  labor  has  exceeded  the 
supply  available. 

The  successful  movements  of  the  various  expe 
ditions  by  sea,  the  transportation  of  such  large 
bodies  of  troops,  and  their  regular  supply  at  dis 
tant  points  of  the  coast,  afford  striking  proofs  of 
the  greatness  of  the  military  resources  of  the  na 
tion.  These  movements  have  been  upon  a  scale 
of  great  magnitude.  The  collection  of  the  vast 
armjes  which  have  been  raised,  and  their  trans 
port  to  the  field  of  operation  in  so  brief  a  period, 
would  not  have  been  possible  but  for  the  extent 
of  our  system  of  steam  transport  by  railroad, 
river,  and  sea.  It  has  not  been  found  necessary 
to  exercise  within  the  loyal  States  the  power  con 
ferred  upon  the  President  by  law  to  take  actual 
military  possession  of  the  railroads  of  the  country. 
The  various  companies  met  in  convention  in  this 
city,  and  united  in  proposing  a  uniform  tariff  for 
Government  transportation,  which  appears  just 
and  equitable,  and  they  have  performed  all  the 
services  required  of  them  by  the  department  with 
a  promptness,  efficiency,  and  cheerfulness  which 
do  honor  to  the  patriotism  of  their  managers. 

Upon  the  railroads  within  the  sphere  of  active 
hostilities  the  war  has  borne  with  crushing  se 
verity.  Some,  as  the  Baltimore  and  Ohio  Rail 
road,  the  Louisville  and  Nashville  Railroad,  and 
the  Missouri  railroads,  have,  with  great  energy, 
repaired  their  bridges,  restored  their  tracks,  and 
replaced  their  rolling  stock  at  their  own  expense. 
Others,  abandoned  by  their  disloyal  owners  and 


managers,  have  been  taken  possession  of,  and  re 
paired,  stocked  and  managed  by  the  Quarter 
master's  department.  These  works  have  in 
volved  great  expenditures,  but  they  were  indis 
pensable  to  the  supply  of  the  army,  and  less 
costly  than  the  preparation,  if  that  had  been 
possible,  of  any  other  sufficient  means  of  trans 
portation. 

The  Quartermaster's  department  constructed 
during  the  fiscal  year  a  fleet  of  iron-clad  gun 
boats  and  of  steam  rams,  which  was  officered 
and  manned  by  the  Navy  department  and  the 
War  department  conjointly,  and  which  has 
proved  most  efficient  as  an  aid  in  the  military 
operations  which  restored  to  the  Government  the 
control  over  the  greater  part  of  the  Western 
rivers.  Under  the  law  of  sixteenth  July  last, 
the  gunboat  fleet  has  been  entirely  transferred 
to  the  Navy  department.  The  fleet  of  steam 
rams  still  remains  in  charge  of  this  department. 

Your  attention  is  invited  to  the  increase  of  the 
force  in  the  Engineer,  Ordnance,  and  Quarter 
master's  departments  proposed  by  a  bill  which 
passed  the  House  of  Representatives  on  the  ninth 
of  July  last,  and  which  is  among  the  unfinished 
business  of  the  last  session.  It  is  believed  that, 
if  it  becomes  a  law,  the  efficiency  and  usefulness 
of  these  several  important  departments  of  the 
army  will  be  increased.  The  necessity  of  pro 
viding  more  room  for  the  records  and  examining 
officers  of  the  Quartermaster's  bureau  by  the 
extension  of  Winder's  Building  is  also  respect 
fully  suggested  to  your  attention. 

The  Commissary  of  Subsistence  reports  that 
the  armies  throughout  our  extensive  territory 
have  been  supplied  with  good  and  wholesome 
subsistence,  generally  by  advertisement  for  bids 
in  the  cities  of  Boston,  New-York,  Philadelphia, 
Cincinnati,  Louisville,  Baltimore.  St.  Louis,  and 
San  Francisco.  Fresh  beef  has  generally  been 
supplied  to  our  armies  in  the  field  on  the  hoof, 
and  in  larger  proportion  of- the  ration  to  march 
ing  columns,  to  lessen,  as  far  as  possible,  the 
quantity  of  transportation  required.  The  troops 
on  the  coast  of  the  Carolinas,  and  at  the  Gulf 
posts,  including  New-Orleans,  have  received 
their  fresh  beef  by  shipment  from  New-York  ; 
t  is  hoped  that  during  the  coming  year  it  may 
be  procured  from  Texas. 

In  addition  to  the  troops,  subsistence  has 
been  furnished  to  all  political  prisoners  and 
prisoners  of  war,  to  a  large  number  of  contra 
bands,  and  to  the  suffering  Union  inhabitants 
found  in  the  march  of  our  armies  in  the  confede 
rate  States.  In  a  late  report  of  the  General-in- 
~hief  to  this  department,  it  is  said  that  no  armies 
of  the  world  are  so  well  supplied  as  the  armies  of 
the  United  States. 

The  Ordnance  bureau,  as  appears  from  the  re 
port  of  its  chief,  has  displayed  a  vigor  and  activity 
unsurpassed  by  any  other  department.  Notwith 
standing  the  extraordinary  demand  occasioned 
ay  the  new  levies  and  enormous  loss  of  arms  by 
:he  casualties  of  war,  and,  in  some  instances,  by 
;he  misconduct  of  officers  and  men,  this  bureau 
has  supplied  every  call,  and  has  been  able  to  arm 


400 


REBELLION   RECORD,  1862-63. 


over  four  hundred  thousand  ne\v  troops  suddenly 
called  into  the  field.  The  first  class  of  arms  has 
been  apportioned  among  the  troops  of  the  re 
spective  States,  and  just  equality  of  distribution 
has  been  the  rule  of  the  department.  A  great 
diversity  of  opinion  prevails  in  respect  to  arms, 
and  often  with  little  reason.  The  department 
has  aimed,  as  far  as  possible,  to  gratify  the  choice 
of  every  one,  and  where  that  could  not  be  done, 
the  troops  have  in  general  readily  acquiesced  in 
the  necessity  of  the  case,  relying  on  the  depart 
ment  for  exchange  when  it  should  be  able  to 
make  one.  You  will  perceive,  by  the  report  as 
to  the  production  of  our  armories,  that  the  time 
is  not  far  distant  when  the  Government  will  be 
able  to  place,  from  its  own  manufactories,  the 
best  arms  in  the  hands  of  every  soldier.  The 
report  also  shows  what  provision  has  been  made 
for  supplies  of  gunpowder,  saltpetre  materials, 
and  munitions  of  war  of  every  description. 

Every  means  the  country  affords  has  been  put 
forth  to  complete  the  armament  of  our  forts  and 
fortifications  for  the  defence  of  harbors  and 
coasts,  as  is  shown  by  the  report  of  this  bureau. 
These  details  are,  for  obvious  reasons,  not  now 
stated,  and  the  legislation  required  by  this  branch 
of  the  service,  will,  by  your  direction,  be  commu 
nicated  to  the  appropriate  committee. 

In  general  terms  it  may  be  stated  that  the 
issues  by  the  Ordnance  department  include  one  j 
thousand  nine  hundred  and  twenty-six  field  and  j 
siege,  and  one  thousand  two  hundred  and  six 
fortification  cannon,    seven  thousand   two  hun 
dred    and    ninety -four    gun-carriages,    caissons,  j 
mortar-beds,  travelling  forges  and  battery  wag-  j 
gons,  one  million  two  hundred  and  seventy-six 
thousand  six  hundred  and  eighty-six  small  arms, 
nine  hundred   and   eighty-seven    thousand   two 
hundred  and  ninety-one  sets  of  equipments   and 
accoutrements,   and  two  hundred   and  thirteen 
million  nine  hundred  and  ninety  one  thousand  ! 
one  hundred  and  twenty-seven  rounds  of  ammu-  j 
nition  for  artillery  and  small  arms,  still  leaving ' 
large  supplies  of  ordnance  stores  at  the  arsenals  j 
and  depots.     The  breaking  out  of  the  rebellion  < 
found  us  with  insufficient  supplies  for  the  forces 
thereby   rendered   necessary,    and   without   the 
means  of  their  immediate  procurement  from  our 
public  arsenals  and  the  private   manufactories, 
fitted  and  ready  for  such  work.      The  policy  of 
the  department  to  procure  all  such  supplies  of 
home  manufacture  could  not  be  rigidly  followed, 
and  recourse  was  had  to  purchases  and  importa 
tions  from  abroad,  in  order  to  meet  pressing  re 
quirements.     The  vast  demand,  suddenly  spring 
ing  up,  without  any  immediate  increase  of  the 
supply,  led  to  speculations  and  exorbitant  prices. 
On   a  report  from  the  Ordnance  bureau,  in  re 
spect  to  outstanding  contracts  for  arms,  I  appoint 
ed  a  commission  to  investigate  these  matters, 
and  their  report  is  herewith  submitted.       The 
measures  which  have  been  adopted  to  procure 
such  supplies,  by  increasing  the  capacity  of  our 
public  arsenals  and  developing  the  private  sources 
of  home  manufacture,  will  soon  enable  this  de 
partment  *  •    obtain  supplies  of  this  description, 


independently  of  importations  from  abroad,  and 
at  fair  and  reasonable  rat^s. 

The  subject  of  arming  the  fortifications,  par 
ticularly  those  defending  the  harbors  of  our  prin 
cipal  Atlantic  ports,  has  received  special  atten 
tion,  and  all  the  means  at  the  disposal  of  the 
department  have  been  applied  to  that  end,  so  far 
as  was  passible  and  consistent  with  meeting  other 
imperative  requirements.  In  consequence  of  the 
introduction  into  naval  warfare  of  iron-clad  ves 
sels,  comparatively  safe  from  the  effects  of  such 
batteries  as  had  heretofore  been  sufficient  to  guard 
effectually  against  the  passage  of  hostile  vessels, 
it  became  necessary  to  provide  heavier  and  more 
powerful  ordnance.  The  whole  system  of  such 
armament  was  carefully  revised  and  amended  by 
a  board  of  the  most  experienced  and  competent 
officers,  and  measures  have  been  taken  to  carry 
their  recommedations  into  effect. 

I  desire  to  call  special  attention  to  the  neces 
sity  of  providing  additional  means  for  the  stor 
age  and  preservation  of  ordnance  supplies,  as 
recommended  in  the  report  of  the  Chief  of  Ord 
nance.  When  it  is  considered  that  we  have  now 
no  more  facilities  for  this  purpose  than  when  our 
military  organization  included  an  army  of  not 
over  eighteen  thousand  men,  the  absolute  neces 
sity  of  a  far  more  ample  provision  of  such  facili 
ties  will  be  manifest.  The  plan  for  this  purpose, 
as  stated  in  the  report  from  the  Ordnance  bu 
reau,  is  believed  to  be  the  best  that  can  be  de 
vised,  and  by  no  means  too  extensive  in  its  pro 
visions  to  meet  our  absolute  wants  now  and  for 
the  future,  and  I  commend  it  for  favorable  con 
sideration,  and  for  such  legislation  as  may  be 
necessary.  I  concur  also  with  the  Chief  of  Ord 
nance  in  his  remarks  relative  to  the  onerous  du 
ties,  considering  its  present  limited  number  of 
officers,  which  have  devolved  upon  that  branch 
of  the  service,  and  to  the  industry,  zeal,  and  fidel 
ity  with  which  those  duties  have  been  performed. 
They  are  deserving  of  the  measures  suggested 
for  their  recognition  and  reward. 

An  act  of  the  last  session  of  Congress  provides 
for  the  establishment  of  armories  at  Columbus, 
Indianapolis,  and  Rock  Island.  By  order  of  this 
department,  the  selection  of  proper  sites  was  in 
trusted  to  Brigadier-General  Buckingham,  whose 
report,  approved  by  the  Chief  of  Ordnance,  is 
herewith  submitted.  Measures  to  procure  the 
needed  State  legislation  and  the  approval  of  title 
will  be  promptly  taken. 

During  the  recess  of  Congress  the  necessities 
of  the  service  required  the  old  penitentiary  of 
this  District  for  the  use  of  the  arsenal,  and  by 
your  order,  the  convicts  were  removed  to  the 
State  of  New-York,  and  the  penitentiary  build 
ings  devoted  to  the  purposes  of  the  arsenal. 

The  attention  of  the  department  has  beer: 
earnestly  directed  to  the  forts  and  fortifications 
for  coast  and  harbor  defence.  A  personal  in 
spection  of  these  important  works  has  been 
made  by  General  Totten,  the  distinguished  Chief 
of  Engineers.  The  grants  made  by  Congress 
for  fortifications,  at  its  last  session,  amounted  to 
five  million  five  hundred  and  thirty-five  thcu- 


DOCUMENTS. 


sand  dollars  for  permanent  works,  and  seven 
hundred  and  fifty  thousand  dollars  for  temporary 
works.  The  Chief  of  Engineers  reports  that 
these  sums  admitted  of  very  material  progress 
being  made  at  most  of  the  important  forts  now 
in  process  of  construction.  This  has  been  real 
ized  in  a  number  of  instances,  and  in  all  decided 
advancement  has  been  effected.  Great  difficul 
ties  have  been  experienced  in  obtaining  supplies 
of  materials  from  the  quarries,  stone-yards,  etc., 
owing  to  the  demands  made  by  the  war  upon 
the  classes  usually  employed  in  this  kind  of 
work.  Similar  trouble  has  been  encountered  in 
procuring  transportation  for  materials. 

Much  has  been  done  in  advancing  the  state  of 
readiness  of  our  fortifications  in  the  principal 
commercial  harbors  for  service,  in  preparing  for 
additional  guns,  in  providing  for  the  reception  of 
armament  of  very  large  calibre  in  the  existing 
batteries,  and  in  placing  all  in  effective  condition 
for  defence.  Like  measures  have  been  observed 
with  reference  to  naval  stations  and  our  frontiers 
generally. 

A  report  by  the  Board  of  Visitors  in  respect 
to  the  condition  of  the  Military  Academy  at 
West-Point  is  submitted  with  the  report  of  the 
Chief  of  Engineers. 

The  officers  of  the  corps  of  Topographical  En 
gineers,  as  appears  by  the  report  of  its  Chief, 
have  been  almost  exclusively  on  duty  with  armies 
in  the  field,  engaged  in  surveys  and  reconnois- 
sances  connected  with  their  movements,  in  the 
collection  of  topographical  and  statistical  infor- 
tion,  and  in  the  construction  of  field-works,  bat 
teries,  intrcnchments,  block-houses,  bridges,  and 
all  other  like  duties. 

The  survey  of  the  northern  and  north-western 
lakes  has  been  continued  during  the  year,  prin 
cipally  in  the  vicinity  of  Green  Bay  and  the  Fox 
Islands.  The  estimate  for  continuing  the  survey 
is  one  hundred  and  six  thousand  eight  hundred 
and  seventy-nine  dollars  and  forty-eight  cents, 
differing  but  little  in  amount  from  the  last  esti 
mate. 

The  lake  harbor  works  are  thirty-four  in  num 
ber.  From  want  of  appropriations  by  Congress, 
no  work  has  been  done  at  any  of  them  during 
the  present  year,  with  the  exception  of  the  St. 
Clair  light-house  and  beacon,  and  at  Oswego  har 
bor,  New-York. 

The  general  estimate  for  the  completion  of  each 
harbor  work,  founded  upon  previous  inspections, 
will  be  found  in  Appendix  No.  2,  of  the  report 
of  this  bureau. 

Claims  for  arrearages  for  harbors,  rivers,  roads, 
etc.,  amounting  to  fifteen  thousand  dollars,  are 
found  on  the  records  of  the  bureau.  The  recom 
mendation  of  the  previous  annual  reports  for  an 
appropriation  for  their  payment,  on  the  approval 
of  the  War  Department  and  adjustment  by  the 
Treasury,  is  renewed. 

The  bridging  and  repairs  of  the  military  and 
emigrant  wagon  road  from  Fort  Walla  Walla,  on 
the  Columbia  River,  to  Fort  Benton,  on  the  Mis 
souri,  have  been  completed.  The  length  of  the 
road  i3  six  hundred  and  twenty-four  miles.  The 


officer  in  charge  of  the  work  recommends  the 
sum  of  seventy  thousand  dollars  be  appropriated 
by  Congress  for  the  further  improvement  of  the 
route. 

It  appears  from  the  report  of  the  Acting  Pay 
master-General,  that  during  the  fiscal  year  end 
ing  the  thirtieth  of  June,  1802,  the  sum  of  five 
million  five  hundred  and  fifty  thousand  and 
thirty-nine  dollars  and  fifty-four  cents  was  paid 
to  the  regular  troops,  that  ninety-one  million 
one  hundred  and  sixteen  thousand  six  hundred 
and  ten  dollars  and  sixty-one  cents  were  paid  to 
volunteers,  and  that  thirty-eight  million  five 
hundred  and  ninety-seven  thousand  eight  hun 
dred  and  nineteen  dollars  and  seven  cents  have 
been  paid  since  the  thirtieth  of  June,  1862.  The 
report  states  that  nearly  all  the  regiments  were 
paid  to  the  thirtieth  of  June,  many  to  the  thir 
tieth  of  August  —  that  some  delay  in  payment 
had  been  occasioned  by  want  of  funds,  but  it  is 
believed  that  all  will  soon  be  paid. 

By  the  death  of  Colonel  Lamed  a  vacancy 
was  occasioned  in  the  office  of  chief  of  this  bu 
reau,  which,  under  the  existing  law,  can  only  be 
filled  by  regular  promotion  from  the  corps.  In 
my  opinion,  the  good  of  the  service  requires  a 
wider  range  of  selection  for  this  most  important 
office.  The  vacancy  has  not  yet  been  filled,  in 
order  that,  by  a  change  of  the  law,  the  volunteer 
and  regular  service  may  be  open  to  selection  of 
such  persons  as  you  may  deem  most  competent 
for  the  duty. 

The  Surgeon-General's  report  affords  informa 
tion  in  respect  to  the  sanitary  condition  of  the 
army.  It  also  shows  an  expenditure  of  the 
whole  appropriations  of  that  department,  amount 
ing  to  two  million  four  hundred  and  forty-five 
thousand  eight  hundred  and  ninety-four  dollars 
and  eighty-nine  cents,  ($2,445,894.89.)  The 
number  of  general  hospitals  is  one  hundred  and 
fifty-one.  The  number  of  patients  in  them  is 
fifty-eight  thousand  one  hundred  and  seventy- 
five.  The  whole  number  under  medical  treat 
ment  is  stated  to  be  not  short  of  ninety  thou 
sand. 

The  Surgeon-General  represents  that  during 
the  past  year  there  has  been  no  epidemic  in  the 
army  of  any  severity ;  that  the  diseases  which 
affect  men  in  camp  have  been  kept  at  a  low  min 
imum  ;  that  scurvy  has  been  almost  entirely  pre 
vented,  and  that  there  have  been  but  a  few  victims 
of  yellow  fever. 

This  bureau  required  enlargement  and  reor 
ganization  in  many  particulars,  and  some  im 
provements  have  been  made.  Others  are  sug 
gested  which  require  careful  consideration. 

The  operations  of  the  surgical  department 
have  been  aided  by  humane  and  benevolent  asso 
ciations.  The  horrors  of  battle  have  been  as 
suaged  by  ministers  of  mercy,  and  it  is  worthy 
to  be  recorded  of  the  medical  profession  that 
their  services  have  been  voluntary  and  gratuitous 
ly  offered  on  every  occasion.  Relief  associations 
in  every  State  have  done  much  to  comfort  and 
assist  the  sick  and  wounded  in  camps  and  hospi 
tals,  and  their  vigilant  superintendence  has  per- 


402 


REBELLION  RECORD,  1862-63. 


haps  operated  to  check  the  negligence,  abuse, 
and  fraud  that  too  often  prevail  even  in  such 
institutions.  Religious  congregations  and  socie 
ties  have  also  tendered  to  the  Government  their 
church  bi  ildings  for  hospitals,  while  their  pastors 
have  ministered  to  the  patients.  These  matters 
are  proper  to  be  brought  to  your  notice,  because, 
while  war  stimulates  every  evil  passion,  the  vir 
tue  developed  in  this  great  struggle  to  main 
tain  our  national  existence  should  not  pass  un 
noticed. 

The  report  of  Major  Meyer,  of  the  Signal  Corps, 
deserves  your  attention.  The  service  of  this 
corps  to  armies  in  the  field,  and  for  many  mili 
tary  and  naval  purposes,  is  highly  estimated.  At 
present  it  is  without  distinct  organization,  and  is 
made  up  of  officers  detailed  from  other  branches 
of  service.  A  separate  organization  &  recom 
mended. 

The  acknowledgment  of  this  department  is 
due  to  Colonel  Stager,  Major  Eckert,  and  their 
assistants  of  the  Telegraph  Corps.  In  diligence, 
fidelity,  and  important  aid,  they  have  been  un 
surpassed  by  any  branch  of  the  service. 

With  this  presentation  of  the  past  operations 
and  the  present  condition  of  the  War  Depart 
ment,  the  duty  required  of  me  by  the  act  of 
Congress  to  make  an  annual  report  is,  in  a  great 
measure,  fulfilled.  It  is  seen  that  a  force  has 
been  placed  by  the  people  of  the  United  States, 
at  the  command  of  the  Government,  to  maintain 
its  authority,  more  mighty  in  all  the  elements  of 
warlike  power  than  was  ever  before  arrayed  un 
der  one  banner,  How  shall  that  force  be  em 
ployed  ?  To  smite  the  enemy  on  every  hand,  to 
attack  his  armiesr  and  strongholds,  to  occupy  his 
ports,  clear  the  great  rivers  of  the  West  of  his 
obstructions,  and  pause  not  until  he  is  subdued, 
is  our  plain  duty.  Above  all,  it  is  our  duty  to 
disdain  no  legitimate  aid  that  may  save  the  lives 
of  our  gallant  soldiers,  diminish  their  labors, 
provide  for  their  wants,  and  lessen  the  burdens 
of  our  people. 

No  aphorism  is  more  universally  received,  than 
that  "  the  sole  object  of  a  just  war  is  to  make 
the  enemy  feel  the  evils  of  his  unjustice,  and  by 
his  sufferings  amend  his  ways ;  he  must,  there 
fore,  be  attacked  in  his  most  accessible  quarter." 
The  power  of  the  rebels  rests  upon  their  pecu 
liar  system  of  labor,  which  keeps  laborers  en 
their  plantations  to  support  owners  who  are  de 
voting  their  time  and  strength  to  destroy  our 
armies  and  destroy  our  Government.  Whenever 
that  system  is  in  hostility  to  the  Government,  it 
is,  in  my  opinion,  the  duty  of  those  conducting 
the  war  to  strike  down  the  system,  and  turn 
against  the  rebels  the  productive  power  that  up 
holds  the  insurrection.  Rightly  organized  in  the 
recovered  territory,  the  laborers  of  the  rebel 
States  will  not  only  aid  in  holding  fortified  posi 
tions,  but  their  labor  will,  as  in  India,  free  the 
white  soldier  from  the  most  unwholesome  ex 
posure  of  the  South.  They  will  cultivate  the 
corn  and  forage,  which  will  feed  our  cavalry 
and  artillery  horses,  and  save  the  country  a  por 
tion  of  the  enormous  burden  now  attending  their 


purchase  and  transport  from  the  North.  This 
cultivation  would  have  been  of  greater  advantage 
to  us  on  the  south  eastern  coast  than  even  that 
of  the  great  staple  of  the  Sea  Islands. 

Probably  the  people  who  remained  upon  tha-is 
islands,  within  protection  of  our  armies,  could, 
under  wise  control,  have  supplied  all  the  forage 
needed  this  year  by  the  forces  in  the  depart 
ment  of  the  South.  The  full  ration  for  a  horse 
weighs  twenty-six  pounds,  that  of  a  soldier,  three 
pounds. 

An  army  well  organized  and  equipped  for  ac 
tive  operations,  with  a  due  proportion  of  cavalry, 
artillery,  and  baggage  trains,  will  have  not  less 
than  one  horse  or  mule  to  every  four  soldiers ;  so 
that  the  weight  of  food  for  the  animals  is  more 
than  double  that  of  the  rations  of  the  men. 

How  important  an  aid,  how  great  an  economy, 
in  a  long  contest,  therefore,  would  there  be  in 
raising  by  this  cheap  labor  the  greater  part  of 
the  forage  alone  for  the  Southern  department, 
thus,  for  a  greater  portion  of  our  wants,  trans 
ferring  the  base  of  supplies,  now  at  New-York, 
to  Hilton  Head  or  New-Orleans. 

The  department  has  found  it  difficult  to  trans 
fer  this  labor  from  one  part  of  the  seat  of  war 
to  another.  Local  and  family  ties  seem  to  be 
very  strong  with  these  people,  and  with  all  their 
faith  in  the  power  and  good  will  of  our  military 
commanders,  it  was  found  difficult  to  get  vol 
unteer  laborers  to  leave  Port  Royal  for  other  de 
pots. 

A  population  of  four  millions  true  to  the  in 
terests  of  the  Union,  with  slight  assistance  from 
the  army  will,  under  proper  regulation  and  gov 
ernment,  be  of  the  greatest  assistance  in  hold 
ing  the  territory  once  recovered.  The  principal 
staples  of  the  South  are  the  product  exclusively 
of  their  labor.  If  protected  upon  the  lands  they 
have  heretofore  cultivated,  with  some  organiza 
tion,  and  with  support  from  small  detachments 
of  loyal  troops,  they  would  not  only  produce 
much  of  what  is  needed  to  feed  our  armies  and 
their  trains,  but  they  would  forever  cut  off  from 
the  rebellion  the  resources  of  a  country  thus  oc 
cupied. 

The  rebel  armies  move  with  ease  through  por 
tions  of  the  Border  States,  living  upon  the  coun 
try  in  which  our  commanders  find  no  supplies. 
The  people  bring  forth  their  hoards  and  offer 
them  to  the  rebels  for  sale  or  gift.  Protect  the 
laboring  population  who  are  the  majority  in  the 
greater  part  of  the  South,  in  the  possession  of 
the  land  and  its  products,  and  this  great  advan 
tage  will,  for  whatever  portion  of  the  cour  try  we 
occupy,  be  transferred  to  us.  As  soon  as  the 
coast  is  thoroughly  occupied,  and  the  people  or 
ganized,  trade  will  revive.  Cotton,  rice,  sugar, 
and  other  products  will  be  exchanged  by  the  pro 
ducer  for  what  he  needs.  Their  wants  will  ba 
supplied  direct  from  the  Northern  factories,  and 
the  cultivation  of  the  great  staples  will  enablo 
them  to  pay  for  what  they  use.  A  perfectly  free 
trade  may  thus  again  grow  up  between  the  North 
and  the  South,  and  with  greater  or  less  rapidity 
it  will  spread  over  the  whole  country  as  GUI 


DOCUMENTS. 


403 


forces  succeed  in  meeting  and  dispersing  the  rebel 
armies. 

The  greater  part  of  the  whole  country  which 
formerly  produced  the  sea-island  cotton  is  now 
thoroughly  restored  to  the  Union.  The  laborers 
are  there  —  the  soil  and  climate.  It  needs  only 
assurance  of  protection  to  revive  the  cultivation 
of  the  staple,  as  well  as  to  produce  vast  quantities 
of  corn  and  forage  for  our  troops.  Since  this  war 
must  be  conducted  by  marches  and  battles  and 
sieges,  why  neglect  the  best  means  to  make  tjjem 
successful  and  their 'results  permanent?  It  is 
worthy  of  notice  that  thus  far  the  portions  of 
territory  which,  once  recovered,  we  have  most 
firmly  held  are  precisely  those  in  which  the 
greatest  proportion  of  colored  men  are  found. 
By  their  assistance,  our  armies  will  be  able  per 
manently  to  operate  in  and  occupy  the  country ; 
and  in  labor  for  the  army,  in  raising  its  and  their 
own  supplies,  full  occupation  can  be  given  them, 
and  with  this  there  will  be  neither  occasion  nor 
temptation  to  them  to  emigrate  to  a  northern  and 
less  congenial  climate. 

Judging  by  experience,  no  colored  man  will 
leave  his  home  in  the  South,  if  protected  in  that 
home.  All  possibility  of  competition  from  negro 
labor  in  the  North  is  avoided  in  giving  colored 
men  protection  and  employment  upon  the  soil 
which  they  have  thus  far  cultivated^  and  the 
right  to  which  has  been  vacated  by  the  original 
proprietors,  deeply  involved  in  the  crimes  of  trea 
son  and  rebellion.  No  great  territory  has  been 
permanently  reduced,  without  depriving  the  lead 
ers  of  its  people  of  their  lands  and  property.  It 
is  these  that  give  power  and  influence.  Few  men 
have  commanding  genius  and  talent  to  exercise 
dangerous  influence  over  their  fellow-men  with 
out  the  adventitious  aid  of  money  and  property. 
By  striking  down  this  system  of  compulsory  labor 
which  enables  the  leaders  of  the  rebellion  to  con 
trol  the  resources  of  the  people,  the  rebellion 
would  die  of  itself. 

Under  no  circumstances  has  any  disposition  to 
servile  insurrection  been  exhibited  by  the  colored 
population  in  any  Southern  State,  while  a  strong 
loyalty  to  the  Federal  Government  has  been  dis 
played  on  every  occasion,  and  against  every  dis 
couragement.  By  the  means  suggested,  rebel 
lion  may  be  disarmed  and  subdued  swiftly  and 
effectually,  and  the  lives  of  our  own  people  saved 
from  slaughter  on  the  battle-field.  By  the  occu 
pation  of  all  their  forts  on  the  Mississippi  and  the 
sea-coast,  a  market  will  be  opened  in  every  rebel 
State  for  the  industry  of  our  people  to  supply 
the  wants  of  the  army,  and  also  of  a  loyal  popu 
lation,  in  exchange  for  the  valuable  products  of 
their  labor.  Another  point  of  attack  is  by  armed 
settlements  upon  the  vacant  government  lands  in 
Florida  and  Texas.  Thousands  in  the  Northern 
and  Western  States  are  impatiently  waiting  the 
signal  of  military  movement  to  plant  their  homes 
in  the  best  territory  of  this  continent,  and  bring 
it  back  to  the  Union,  as  loyal  States.  So  far 
from  the  Southern  States  being  invincible,  no  en 
emy  was  ever  so  vulnerable,  if  the  means  at  hand 
are  employed  against  them.  If  your  proposition 


for  compensated  emancipation,  and  a  vc  luntary 
return  to  loyalty,  be  blindly  rejected,  still  the 
proper  application  of  the  means  at  command  01 
the  Government  cannot  fail  to  accomplish  the 
suppression  of  the  rebellion,  and  a  restoration  of 
those  peaceful  relations  which  were  designed  to 
be  established  forever  on  this  continent  by  the 
Union  of  the  States. 

EDWIN  M.  STANTON, 

Secretary  of  War. 

To  the  President. 


Doc.  V4. 
BOMBARDMENT    OF   FORT   HENRY. 

REPORT  OP  BRIG.-GENERAL  (REBEL)  TILGHMAN.* 

February  12,  1862. 

Col.  W.  W.  MaclcaU,  A.  A.  General,  C.  8.  Army> 

Howling  Green: 

SIR  :  My  communication  of  the  seventh  inst., 
sent  from  Fort  Henry,  having  announced  the 
fact  of  the  surrender  of  that  Fort  to  Commodore 
Foote,  of  the  Federal  Navy,  on  the  sixth  inst.,  I 
have  now  the  honor  to  submit  the  following  re 
port  of  the  details  of  the  action,  together  with 
the  accompanying  papers,  marked  (A)  (B),  con 
taining  list  of  officers  and  men  surrendered,  to 
gether  with  casualties,  etc. 

On  Monday,  February  third,  (instant,)  in  com- 
pany  with  Major  Gilmer,  of  the  engineers,  I 
completed  the  inspection  of  the  main  work,  as 
well  as  outworks  at  Fort  Heiman,  south  of  Ten 
nessee  River,  as  far  as  I  had  been  able  to  perfect 
them,  and  also,  the  main  work,  intrenched  camp, 
and  exterior  line  of  rifle-pits  at  Fort  Henry.  At 
ten  o'clock  A.M.,  on  that  morning,  the  pickets  on 
both  sides  of  Tennessee  River,  extended  well  in 
our  front,  having  reported  no  appearance  of  the 
enemy,  I  left,  in  company  with  Major  Gilmer,  for 
Fort  Donelson,  for  the  purpose  of  inspecting, 
with  him,  the  defences  of  that  place. 

Tuesday,  the  fourth  inst.,  was  spent  in  making 
a  thorough  examination  of  all  the  defences  at 
Fort  Donelson.  At  noon,  heard  heavy  firing  at 
Fort  Henry  for  half-an-hour.  At  four  o'clock 
P.M.,  a  courier  reached  me  from  Colonel  Heiman, 
at  Fort  Henry,  informing  me  that  the  enemy 
were  landing  in  strong  force  at  Bailey's  Ferry, 
three  miles  below,  and  on  the  east  bank  of  the 
river. 

Delaying  no  longer  than  was  necessary  to  give 
all  proper  orders  for  the  arrangement  of  matters 
at  Fort  Donelson,  I  left  with  an  escort  of  Ten 
nessee  cavalry,  under  command  of  Lieutenant- 
Colonel  Gantt,  for  Fort  Henry,  accompanied  by 
Major  Gilmer — reaching  that  place  at  eleven  and 
a  half  P.M.  I  soon  became  satisfied  that  the 
enemy  were  really  in  strong  force  at  Bailey's 
Ferry,  with  every  indication  of  reinforcements 
arriving  constantly.  Colonel  Heiman,  of  the 
Tenth  Tennessee,  commanding  with  most  com* 
mendable  alacrity  and  good  judgment,  luH 
thrown  forward,  to  the  outworks  covering  ths 

*  See  page  79  Docs.,  Vol.  IV.  REBELLION  RKCOMJ. 


404 


REBELLION  RECORD,  1862-63. 


Dover  road,  two  pieces  of  light  artillery,  sup 
ported  by  a  detachment  from  the  Fourth  Missis 
sippi  regiment,  under  command  of  Captain  Red. 
Scouting  parties  of  cavalry,  operating  on  both 
sides  of  the  river,  had  been  pushed  forward  to 
within  a  very  short  distance  of  the  enemy's  lines. 
"Without  a  moment's  delay,  after  reaching  the 
Fort,  I  proceeded  to  arrange  the  available  force  to 
meet  whatever  contingency  might  arise. 

The  First  brigade,  under  Colonel  Heiman,  was 
composed  of  the  Tenth  Tennessee,  Lieutenant- 
Colonel  McGavock  commanding ;  Twenty-sev 
enth  Alabama,  under  Colonel  Hughes  ;  the  Forty- 
eighth  Tennessee,  under  Colonel  Voorhies  ;  light 
battery  of  four  pieces,  commanded  by  Captain 
Culbertson,  and  the  Tennessee  battalion  of  cav 
alry,  under  Lieutenant-Colonel  Gantt.  Total 
officers  and  men,  1444.  The  Second  brigade, 
Colonel  Joseph  Drake,  Fourth  Mississippi  regi 
ment,  commanding,  was  composed  of  the  Fourth 
Mississippi,  under  Major  Adair;  the  Fifteenth 
Arkansas,  Colonel  Gee  ;  the  Fifty-first  Tennessee, 
Colonel  Browder ;  Alabama  battalion,  Major  Gar- 
Yin  ;  light  battery  of  three  pieces,  under  Captain 
Clare,  and  the  Alabama  battalion  of  cavalry, 
Captain  Milners's  company  of  cavalry,  with  Capt. 
Padgett's  spy  company,  a  detachment  of  Rang 
ers,  under  acting  Captain  Melton.  Total,  officers 
and  men,  1215.  The  heavy  artillery,  under  com 
mand  of  Captain  Taylor,  numbering  seventy-five, 
were  placed  at  the  guns  in  Fort  Henry.  As  in 
dicated,  some  time  since,  to  the  general  com 
manding  department,  I  found  it  impossible  to 
hold  the  commanding  ground,  south  of  the  Ten 
nessee  River,  with  the  small  force  of  badly  armed 
men  at  my  command,  and,  notwithstanding  the 
fact,  that  all  my  defences  were  commanded  by 
the  high  ground  on  which  I  had  commenced  the 
construction  of  Fort  Heiman,  I  deemed  it  proper 
to  trust  to  the  fact  that  the  extremely  bad  roads 
leading  to  that  point  would  prevent  the  movement 
of  heavy  guns  by  the  enemy,  by  which  I  might 
be  annoyed ;  and,  leaving  the  Alabama  battalion 
of  cavalry  and  Captain  Padgett's  spy  company 
on  the  western  bank  of  the  river,  transferred  the 
force  encamped  on  that  side  to  the  opposite  bank. 
At  the  time  of  receiving  the  first  intimation  of 
the  approach  of  the  enemy,  the  Forty-eighth  and 
Fifty-first  Tennessee  regiments  having  only  just 
reported,  were  encamped  at  Danville,  and  at  the 
mouth  of  Sandy,  and  had  to  ba  moved  from 
five  to  twenty  miles,  in  order  to  reach  Fort  Henry. 
This  movement,  together  with  the  transfer  of  the 
Twenty-seventh  Alabama  and  Fifteenth  Arkan 
sas  regiments  from  Fort  Heiman  across  the  river, 
was  all  perfected  by  five  o'clock  A.M.,  on  the 
morning  of  the  fifth.  Early  on  the  morning  of 
the  fifth  the  enemy  was  plainly  to  be  seen  at 
Bailey's  Ferry,  three  miles  below.  The  large 
number  of  heavy  transports  reported  by  our 
scouts  gave  evidence  of  the  fact  that  the  enemy 
were  there  in  force,  even  at  that  time,  and  the 
arrival  every  hour  of  additional  boats  showed 
conclusively  that  I  should  be  engaged  with  a 
heavy  force  by  land,  whilst  the  presence  of  seven 
gunboats,  mounting  fifty-four  guns,  indicated 


plainly  that  a  joint  attack  was  contemplated  by 
land  and  water. 

On  leaving  Fort  Donelson,  I  ordered  Colon"1 
Head  to  hold  his  own  and  Colonel  Suggs'.1:  /egi- 
ment  of  Tennessee  volunteers,  with  two  pieces  of 
artillery,  read}r  to  move  at  a  moment's  warning, 
with  three  days'  cooked  rations,  and  without 
camp  equipage  or  wagon  train  of  any  kind,  ex 
cept  enough  to  carry  the  surplus  ammunition. 
On  the  morning  of  the  fifth  I  ordered  him,  in 
case  nothing  more  had  been  heard  from  the  coun 
try  below,  on  the  Cumberland,  at  the  time  of  the 
arrival  of  my  messenger,  indicating  an  intention 
on  the  part  of  the  enemy  to  invest  Fort  Donel 
son,  to  move  out  with  the  two  regiments,  and  the 
two  pieces  of  artillery,  and  take  position  at  the 
Furnace,  half-way  on  the  Dover  road  to  Fort 
Henry — the  force  embraced  in  this  order  was 
about  seven  hundred  and  fifty  men — to  act  as 
circumstances  might  dictate.  Thus  matters  stood 
at  nine  A.M.  on  the  morning  of  the  fifth. 

The  wretched  military  position  of  Fort  Henry, 
and  the  small  force  at  my  disposal,  did  not  per 
mit  me  to  avail  myself  of  the  advantages  to  be 
derived  from  the  system  of  outworks,  built  with 
the  hope  of  being  reenforced  in  time,  and  com 
pelled  me  to  determine  to  concentrate  my  efforts 
by  land,  within  the  rifle-pits  surrounding  the 
Tenth  Tennessee  and  Fourth  Mississippi  regi 
ments,  in  ease  I  deemed  it  possible  to  do  more 
than  to  operate  solely  against  the  attack  by  the 
river.  Accordingly,  my  entire  command  was 
paraded,  and  placed  in  the  rifle-pits  around  the 
above  camps,  and  minute  instructions  given, 
not  only  to  brigades,  but  to  regiments  and  com 
panies,  as  to  the  exact  ground  each  was  to  occu 
py.  Seconded  by  the  able  assistance  of  Major 
Gilmer,  of  the  engineers,  of  whose  valuable  ser 
vices  I  thus  early  take  pleasure  in  speaking,  and 
by  Colonels  Heiman  and  Drake,  every  thing  was 
arranged  to  make  a  formidable  resistance  against 
any  thing  like  fair  odds.  It  was  known  to  me, 
on  the  day  before,  that  the  enemy  had  reconnoi 
tred  the  roads  leading  to  Fort  Donelson,  from 
Bailey's  Ferry,  by  way  of  Iron  Mountain  Fur 
nace,  and  at  ten  o'clock  A.M.  on  the  fifth,  I  sent 
forward  from  Fort  Henry  a  strong  reconnoitring 
party  of  cavalry.  They  had  not  advanced  more 
than  one  and  a  half  miles  in  the  direction  of  the 
enemy  when  they  encountered  their  reconnoit 
ring  party.  Our  cavalry  charged  them  in  gallant 
style,  upon  which  the  enemy's  cavalry  fell  back, 
with  a  loss  of  only  one  man  on  each  side. 

Very  soon  the  main  body  of  the  Federal  ad 
vance-guard,  composed  of  a  regiment  of  infantry 
and  a  large  force  of  cavalry,  was  met,  upon  which 
our  cavalry  retreated.  On  receipt  of  this  news, 
I  moved  out  in  person  with  five  companies  of  the 
Tenth  Tennessee,  five  companies  of  the  Fourth 
Mississippi,  and  fifty  cavalry,  ordering  at  the 
same  time  two  additional  companies  of  infantry 
to  support  Captain  Red  at  the  outworks.  Upor 
advancing  well  to  the  front  I  found  that  the  ene 
my  had  retired.  I  returned  to  camp  at  five  P.M., 
leaving  Captain  Red  reenforced  at  the  outworks. 
The  enemy  were  again  reenforced  by  the  arrival 


DOCUMENTS. 


405 


of  a  large  number  of  transports.  At  night  the 
pickets  from  the  west  bank  reported  the  landing 
of  troops  on  that  side,  opposite  Bailey's  Ferry, 
their  advance  pickets  having  been  met  one  and 
a  half  miles  from  the  river.  I  at  once  ordered 
Captain  Hubbard,  of  the  Alabama  cavalry,  to 
take  fifty  men,  and,  if  possible,  surprise  them. 
The  inclemency  of  the  weather,  the  rain  having 
commenced  to  fall  in  torrents,  prevented  any 
thing  being  accomplished.  Early  on  the  morning 
of  the  sixth,  Captain  Padgett  reported  the  arrival 
of  five  additional  transports  over  night,  and  the 
landing  of  a  large  force  on  the  west  bank  of  the 
river,  at  the  point  indicated  above.  From  that 
time  up  to  nine  o'clock,  it  appeared  as  though 
the  force  on  the  east  bank  was  again  reenforced, 
which  was  subsequently  proven  to  be  true.  The 
movements  of  the  fleet  of  gunboats  at  an  early 
hour  prevented  any  communication,  except  by  a 
light  barge,  with  the  western  bank,  and  by  ten 
o'clock  A.M.  it  was  plain  that  the  boats  intended 
to  engage  the  Fort  with  their  entire  forces,  aided 
by  an  attack  on  our  right  and  left  flanks  from 
the  two  land -.forces  in  overwhelming  numbers. 
To  understand  properly  the  difficulties  of  my 
position,  it  is  right  that  I  should  explain  fully 
the  unfortunate  location  of  Fort  Henry,  in  refer 
ence  to  resistance  by  a  small  force  against  an  at 
tack  by  land  cooperating  with  the  gunboats,  as 
well  as  its  disadvantages  in  even  an  engagement 
with  boats  alone.  The  entire  Fort,  together  with 
the  intrenched  camp  spoken  of,  is  enfiladed  from 
three  or  four  points  on  the  opposite  shore,  wrhilst 
three  points  on  the  eastern  bank  completely  com 
mand  them  both,  all  at  easy  cannon  range.  At  the 
same  time  the  intrenched  camp,  arranged  as  it  was 
in  the  best  possible  manner  to  meet  the  case,  was 
two  th.rds  of  it  completely  under  the  control  of 
the  fire  of  the  gunboats.  The  history  of  military 
engineering  records  no  parallel  to  this  case.  Points 
within  a  few  miles  of  it,  possessing  great  advan 
tages  and  few  disadvantages,  were  totally  ne 
glected,  and  a  location  fixed  upon,  without  one 
redeeming  feature,  or  filling  one  of  the  many 
requirements  of  a  site  for  a  work  such  as  Fort 
Henry.  The  work  itself  was  well  built ;  it  was 
completed  long  before  I  took  command,  but 
strengthened  greatly  by  myself  in  building  em 
brasures  and  epaulements  of  sand-bags.  An 
enemy  had  but  to  use  their  most  common  sense 
in  obtaining  the  advantage  of  high  water,  as  was 
the  case,  to  have  complete  and  entire  control  of 
the  position.  I  am  guilty  of  no  act  of  injustice 
in  this  frank  avowal  of  the  opinions  entertained 
by  myself,  as  well  as  by  all  other  officers  who 
have  become  familiar  with  the  location  of  Fort 
Henry.  Nor  do  I  desire  the  defects  of  location 
to  have  an  undue  influence  in  directing  public 
opinion  in  relation  to  the  battle  of  the  sixth  inst. 
The  Fort  was  built  when  I  took  charge,  and  I  had 
no  time  to  build  anew.  With  this  seeming  di 
gression,  rendered  necessary,  as  I  believe,  to  a 
correct  understanding  of  the  whole  affair,  I  will 
proceed  with  the  details  of  the  subsequent  move 
ments  of  the  troops  under  my  command.  By 
ten  o;clock  A.M.,  on  the  sixth,  the  movements  of 


the  gunboats  and  land  force  indicated  an  imme 
diate  engagement,  and  in  such  force  as  gave  me 
no  room  to  change  my  previously  conceived 
opinions  as  to  what,  under  such  circumstance*, 
should  be  my  course. 

The  case  stood  thus :  I  had  at  my  command  & 
grand  total  of  two  thousand  six  hundred  and  ten 
men,  only  one  third  of  whom  had  been  at  all  dis 
ciplined  or  well-armed.  The  high  water  in  the 
river  filling  the  sloughs,  gave  me  but  one  route 
on  which  to  retire,  if  necessary,  and  that  route 
for  some  distance,  in  direction,  at  right  angles  to 
the  line  of  approach  of  the  enemy,  and  over  roads 
well-nigh  impassable  for  artillery,  cavalry,  or  in 
fantry. 

The  enemy  had  seven  gunboats,  with  an  arma 
ment  of  fifty-four  guns,  to  engage  the  eleven  guns 
at  Fort  Henry. 

General  Grant  was  moving  up  the  east  bank  of 
the  river  from  his  landing  three  miles  below,  with 
a  force  of  twelve  thousand  men,  verified  after 
ward  by  his  own  statement ;  whilst  General 
Smith,  with  six  thousand  men,  was  moving  up 
the  west  bank  to  take  a  position  within  four  or 
five  hundred  yards,  which  would  enable  him  to 
enfilade  my  entire  works.  The  hopes,  (founded 
on  a  knowledge  of  the  fact  that  the  enemy  had 
reconnoitred  on  the  two  previous  days  thorough 
ly  the  several  roads  leading  to  Fort  Donelson,) 
that  a  portion  only  of  the  land  force  would  coop 
erate  with  the  gunboats  in  an  attack  on  the  Fort, 
were  dispelled,  and  but  little  time  left  me  to  meet 
this  change  in  the  circumstances  which  surround 
ed  me.  I  argued  thus:  Fort  Donelson  might 
possibly  be  held,  if  properly  reenforced,  even 
though  Fort  Henry  should  fall,  but  the  reverse 
of  this  proposition  was  not  true.  The  force  at 
Fort  Henry  was  necessary  to  aid  Fort  Donelson, 
ither  in  making  a  successful  defence,  or  in  hold 
ing  it  long  enough  to  answer  the  purposes  of  a 
new  disposition  of  the  entire  army  from  Bowling 
Green  to  Columbus,  which  would  necessarily 
follow  the  breaking  of  our  centre,  resting  on  Forts 
Donelson  and  Henry.  The  latter  alternative  was 
all  that  I  deemed  possible.  I  knew  that  reen- 
brcements  were  difficult  to  be  had,  and  that  un 
less  sent  in  such  force  as  to  make  the  defence 
certain,  which  I  did  not  believe  practicable,  the 
fate  of  our  right  wing  at  Bowling  Green  depend- 
d  upon  a  concentration  of  my  entire  division  or\ 
Fort  Donelson,  and  the  holding  of  that  place  as 
iong  as  possible,  trusting  that  the  delay  by  an 
action  at  Fort  Henry  would  give  time  for  such 
reenforcement  as  might  reasonably  be  expected 
to  reach  a  point  sufficiently  near  Donelson  to 
cooperate  with  my  division  by  getting  to  the 
rear  and  right  flank  of  the  enemy,  and  in  such  a 
position  as  to  control  the  roads,  over  which  a 
safe  retreat  might  be  effected.  I  hesitated  not  a 
moment.  My  infantry,  artillery,  and  cavalry  re 
moved  of  necessity,  to  avoid  the  fire  of  the  gun 
boats,  to  the  outworks,  could  not  meet  the  ene 
my  there.  My  only  chance  was  to  delay  the  en 
emy  every  moment  possible,  and  retire  the  com 
mand,  now  outside  the  main  wrork.  toward  Fort 
Donelson,  resolving  to  suffer  as  little  loss  as 


406 


REBELLION   RECORD,  1862-63. 


siltle.  I  retained  only  the  heavy  artillery  corn- 
pan}-  to  fight  the  guns,  and  gave  the  order  to 
commence  the  movement  at  once.  At  a  quarter 
past  ten  o'clock,  Lieutenant  McGavock  sent  a 
messenger  to  me,  stating  that  our  pickets  report 
ed  General  Grant  approaching  rapidly,  and  with 
in  half  a  mile  of  the  advance-work,  and  move 
ments  on  the  west  bank  indicated  that  General 
Smith  was  fast  approaching  also. 

The  enemy,  ignorant  of  any  movement  of  my 
main  body,  but  knowing  that  they  could  not  en 
gage  them  behind  our  intrenched  camp,  until 
after  the  Fort  was  reduced,  or  the  gunboats  re 
tired,  without  being  themselves  exposed  to  the 
fire  of  the  latter,  took  a  position  north  of  the 
forks  of  the  Dover  road  in  a  dense  wood,  (my  or 
der  being  to  retreat  by  way  of  Stewart  road,)  to 
await  the  result.  At  eleven  A.M.,  the  flotilla  as 
sumed  their  line  of  battle.  I  had  no  hope  of 
being  able  successfully  to  defend  the  Fort  against 
such  overwhelming  odds,  both  in  point  of  num 
bers  and  in  calibre  of  guns.  My  object  was  to 
save  the  main  body  by  delaying  matters  as  long 
as  possible,  and  to  this  end  I  bent  every  effort. 
At  forty-five  minutes  past  eleven  A.M.,  the  enemy 
opened  from  their  gunboats  on  the  Fort.  I  waited 
a  few  moments  until  the  effects  of  the  first  shots 
of  the  enemy  were  fully  appreciated.  I  then  gave 
the  order  to  return  the  fire,  which  was  gallantly 
responded  to  by  the  brave  little  band  under  my 
command.  The  enemy  with  great  deliberation, 
steadily  closed  upon  the  fort,  firing  very  wild  until 
within  one  thousand  two  hundred  yards.  The  cool 
deliberation  of  our  men  told  from  the  first  shot 
fired  with  tremendous  effect.  At  twenty-five 
minutes  of  one  o'clock  P.M.,  the  bursting  of  our 
twenty -four-pounder  rifle-gun  disabled  every  man 
at  the  piece. 

This  great  loss  was  to  us  in  a  degree  made  up 
by  our  disabling  entirely  the  Essex  gunboat, 
which  immediately  floated  down-stream.  Imme 
diately  after  the  loss  of  this  valuable  gun,  we 
sustained  another  loss  still  greater,  in  the  closing 
up  of  the  vent  of  the  ten-inch  columbiad,  render 
ing  that  gun  perfectly  useless,  and  defying  all  ef 
forts  to  reopen  it. 

The  fire  on  both  sides  was  now  perfectly  ter 
rific.  The  enemy's  entire  force  was  engaged, 
doing  us  but  little  harm,  whilst  our  shot  fell  with 
unerring  certainty  upon  them,  and  with  stunning 
effect.  At  this  time  a  question  presented  itself 
to  me,  with  no  inconsiderable  degree  of  embar 
rassment.  The  moment  had  arrived  when  I 
should  join  the  main  body  of  troops  retiring  to 
ward  Fort  Donelson,  the  safety  of  which  depend 
ed  upon  a  protracted  defence  of  the  Fort.  It  was 
equally  plain,  that  the  gallant  men  working  the 
batteries,  (for  the  first  time  under  fire,)  with  all 
their  heroism,  needed  my  presence.  Colonel  Hei- 
man,  the  next  in  command,  had  returned  to  the 
Fort  for  instructions.  The  men  working  the 
heavy  guns  were  becoming  exhausted  with  the 
rapid  firing.  Another  gun  became  useless  by  an 
accident,  and  yet  another  by  the  explosion  of  a 
shell  immediately  after  striking  the  muzzle,  in 
volving  the  death  of  two  men,  and  disabling  sev 


eral  others.  The  effect  of  my  absence,  at  such  a 
critical  moment,  would  have  been  disastrous  At 
the  earnest  solicitations  of  many  of  my  officers 
and  men,  I  determined  to  remain,  and  ordered 
Colonel  Heiman  to  join  his  command  and  keep 
up  the  retreat  in  good  order,  whilst  I  would  fight 
the  guns  as  long  as  one  was  left,  and  sacrifice 
myself  to  save  the  main  body  of  my  troops.  No 
sooner  was  this  decision  made  known,  than  new 
energy  was  infused.  The  enemy  closed  upon  th» 
Fort  to  within  six  hundred  yards,  improving  ver\r 
much  in  their  fire,  which  now  began  to  tel)  with 
great  effect  upon  the  parapets,  whilst  the  fire  from 
our  guns  (now  reduced  to  seven)  was  returned 
with  such  deliberation  and  judgment  that  we 
scarcely  missed  a  shot.  A  second  one  of  th'6 
gunboats  retired,  but  I  believe  was  brought  into 
action  again.  At  one  o'clock  ten  minutes,  so 
completely  broken  down  were  the  men,  that  but 
for  the  fact  that  four  only  of  our  guns  were  then 
really  serviceable — I  could  not  well  have  worked 
a  greater  number.  The  fire  was  still  continued 
with  great  energy  and  tremendous  effect  upon  the 
enemy's  boats.  At  half-past  one  o'clock,  I  took 
charge  of  one  of  the  thirty-two-pounders  to  re 
lieve  the  chief  of  that  piece,  who  had  worked  it 
with  great  effect  from  the  beginning  of  the  ac 
tion.  I  gave  the  flag-ship  Cincinnati  two  shots, 
which  had  the  effect  to  check  a  movement  in 
tended  to  enfilade  the  only  gun  now  left  me. 

It  was  now  plain  to  be  seen  that  the  enemy 
were  breaching  the  Fort  directly  in  front  of  our 
guns,  and  that  I  could  not  much  longer  sustain 
their  fire  without  an  unjustifiable  exposure  of  the 
valuable  lives  of  the  men  who  had  so  nobly  sec- 
ended  me  in  the  unequal  struggle.  Several  of  my 
officers,  Major  Gilmer  among  the  number,  now 
suggested  to  me  the  propriety  of  taking  the  sub 
ject  of  a  surrender  into  consideration. 

Every  moment,  I  knew,  was  of  vast  import 
ance  to  those  retreating  on  Fort  Donelson,  and  I 
declined,  hoping  to  find  men  enough  at  hand  to 
continue  awhile  longer  the  fire  now  so  destructive 
to  the  enemy.  In  this  I  was  disappointed.  My 
next  effort  was  to  try  the  experiment  of  a  flag  of 
truce,  which  I  waved  from  the  parapets  myself. 
This  was  precisely  at  ten  minutes  before  two 
o'clock  P.M.  The  flag  was  not  noticed,  I  presume, 
from  the  dense  smoke  that  enveloped  it,  and  leap 
ing  again  into  the  Fort,  I  continued  the  fire  for 
five  minutes,  when,  with  the  advice  of  my  brother 
officers,  I  ordered  the  flag  to  be  lowered,  after  an 
engagement  of  two  hours  and  ten  minutes  with 
such  an  unequal  force. 

The  surrender  was  made  to  Flag-Officer  Foote, 
represented  by  Captain  Stemble,  commanding 
gunboat  Cincinnati,  and  was  qualified  by  the  sin 
gle  condition  that  all  officers  should  retain  their 
side-arms,  that  both  officers  and  men  should  be 
treated  with  the  highest  consideration  due  pris 
oners  of  war,  which  was  promptly  and  graceful 
ly  acceded  to  by  Commodore  Foote. 

The  retreat  of  the  main  body  was  effected  in 
good  order,  though  involving  the  loss  of  abo'it 
twenty  prisoners,  who,  from  sickness  and  other 
causes,  were  unable  to  encounter  the  heavy  roads- 


DOCUMENTS. 


407 


The  rear  of  the  army  was  overtaken  at  a  distanc 
of  some  three  miles  from  Fort  Henry  by  a  body 
of  the  enemy's  cavalry,  but  on  being  engaged  b} 
a  small  body  of  our  men,  under  Major  Garving 
were  repulsed  and  retired.     This  fact  alone  show 
the  necessity  of  the  policy  pursued  by  me  in 
protracting  the  defence  of  the  Fort  as  long  as  pos 
sible — which  only  could  have  been  done  by  my 
consenting  to  stand  by  the  brave  little  band.    N 
loss  was  sustained  by  our  troops  in  this  affai 
with  the  enemy.     I  have  understood  from  the 
prisoners,  that  several  pieces  of  artillery  also  were 
lost,  it  being  entirely  impossible  to  move  them 
over  four  or  five  miles  with  the  indifferent  teams 
attached  to  them. 

The  entire  absence  of  transportation  rendered 
any  attempt  to  move  the  camp  equipage  of  the 
regiments  impossible.  This  may  be  regarded  as 
fortunate,  as  the  roads  were  utterly  impassable, 
not  only  from  the  rains,  but  the  backwater  of  the 
Tennessee  River. 

A  small  amount  of  quartermaster's  and  com 
missary  stores,  together  with  what  was  left  of 
the  ordnance  stores,  were  lost  to  us ;  also  the 
tents  of  the  Alabama  regiment  were  left  on  the 
west  bank  of  the  river,  the  gunboats  preventing 
an  opportunity  to  cross  them  over.  Our  casual 
ties  may  be  reported  strictly  as  follows  :  killed 
by  the  enemy,  two ;  wounded  severely  by  the 
enemy,  three,  (one  since  dead ;)  wounded  slightly 
by  the  enemy,  two ;  killed  by  premature  explo 
sion,  two ;  wounded  seriously  by  premature  ex 
plosion,  one  ;  slightly  wounded,  one  ;  temporarily 
disabled  by  explosion  of  rifle-gun,  five  ;  making 
total  killed,  five ;  seriously  wounded,  three ; 
slightly  wounded,  three ;  disabled,  five  ;  missing, 
five  ;  total  casualties,  twenty-one.  The  total  cas 
ualties  of  the  enemy  were  stated,  in  my  presence 
on  the  following  morning,  to  be  seventy-three, 
including  one  officer  of  Essex  killed,  and  Cap 
tain  Porter,  commanding  Essex,  badly  scalded. 
The  enemy  report  the  number  of  shot  that 
struck  their  vessels  to  have  been  seventy-four, 
twenty-eight  of  which  struck  the  flag-ship  Cin 
cinnati,  so  disabling  her  as  to  compel  her  to  re 
turn  to  Cairo.  The  Essex  received  twenty-two 
shots,  one  of  which  passed,  we  know,  entirely 
through  the  ship,  opening  one  of  her  boilers  and 
taking  off  the  head  of  Captain  Porter's  aid-de 
camp.  Several  shots  passed  entirely  through 
the  Cincinnati,  whilst  her  underworks  were  com 
pletely  riddled. 

The  weak  points  in  all  their  vessels  were 
known  to  us,  and  the  cool  precision  of  our  firing 
developed  them,  showing  conclusively  that  this 
class  of  boats,  though  formidable,  cannot  stand 
the  test  of  even  the  thirty-two  pounders,  much 
less  the  twenty-four  calibre  rifle-shot,  or  that  of 
the  ten-inch  columbiad.  It  should  be  remember 
ed  that  these  results  were  principally  from  no 
heavier  metal  than  the  ordinary  thirty-two 
pounders  using  solid  shot  fired  at  point-blank, 
giving  vessels  all  the  advantages  of  its  peculiar 
structure,  with  planes  meeting  this  fire  at  angles 
of  forty-five  degrees.  The  immense  area  forming 
what  may  be  called  the  roof  is  in  every  respect ; 


vulnerable  to  either  a  plunging  fire  from  even 
thirty-two  pounders  or  a  curved  line  of  fire  from 
heavy  guns.  In  the  latter  case  shells  should  be 
used  in  preference  to  shot. 

Confident  of  having  performed  my  whole  duty 
to  my  government  in  the  defence  of  Fort  Heriry, 
with  the  totally  inadequate  means  at  my  disposal, 
I  have  but  little  to  add  in  support  of  the  views 
before  expressed.  The  reasons  for  the  line  of 
policy  pursued  by  me,  are,  to  my  mind,  convinc 
ing. 

Against  such  overwhelming  odds  as  sixteen 
thousand  well-armed  men,  (exclusive  of  the  force 
on  the  gunboats,)  to  two  thousand  six  hundred 
and  ten  badly  armed  in  the  field,  and  fifty-four 
heavy  guns  against  eleven  medium  ones  in  the 
Fort,  no  tactics  or  bravery  could  avail.  The 
rapid  movements  of  the  enemy,  with  every  facili 
ty  at  their  command,  rendered  the  defence  from 
the  beginning,  a  hopeless  one.  I  succeeded  in 
doing  even  more  than  was  to  be  hoped  for  at 
first.  I  not  only  saved  my  entire  command  out 
side  the  Fort,  but  damaged,  materially,  the  flotilla 
of  the  enemy,  demonstrating  thoroughly  a  prob 
lem  of  infinite  value  to  us  in  the  future.  Had  I 
been  reenforced  so  as  to  have  justified  my  meet- 
"ng  the  enemy  at  the  advanced  works,  I  might 
have  made  good  the  land  defence  on  the  east 
bank.  I  make  no  inquiry  as  to  why  I  was  not. 
for  I  have  entire  confidence  in  the  judgment  of 
my  commanding  general. 

The  elements  even  were  against  us,  and  hac 
the  enemy  delayed  his  attack  a  few  days,  witr 
;he  river  rising,  one  third  of  the  entire  fortifica 
tion  (already  affected  by  it)  would  have  been 
washed  away,  whilst  the  remaining  portion  of 
;he  works  would  have  been  untenable  by  reason 
of  the  depth  of  water  over  the  whole  interior  por- 
;ion. 

The  number  of  officers  surrendered  (see  paper 
marked  A)  was  twelve.  The  number  of  non 
commissioned  officers  and  privates  in  the  Fort  at 
he  time  of  the  surrender  (see  paper  marked  B) 
was  sixty-six,  whilst  the  number  in  hospital-boat 
'Patton)  was  (see  paper  marked  C)  sixteen. 

I  take  great  pleasure  in  making  honorable 
mention  of  all  the  officers  and  men  under  my 
lommand.  To  Capt.  Taylor  of  the  artillery,  and 
he  officers  of  his  corps,  Lieuts.  Watts  and 
/Veller ;  to  Capt.  G.  R.  G.  Jones,  in  command  of 
he  right  battery ;  to  Capts.  Miller  and  Hayden 
)f  the  engineers  ;  to  A.  A.  A.  General  McCornico ; 
o  Capt.  H.  L.  Jones,  Brigade  Quartermaster ;  to 
7apt.  McLaughlin,  Quartermaster  Tenth  Tennes- 
ee,  and  to  Surgeons  Voorhies  and  Horton,  of 
he  Tenth  Tennessee,  the  thanks  of  the  whole 
ountry  are  due  for  their  consummate  devotion 
o  our  high  and  holy  cause.  To  Sergeants  John 
"ones,  Hallum,  Cubine,  and  Selkirk ;  to  Corpo- 
als  Capass,  Gavin,  and  Kenfro,  in  charge  of 
uns,  as  well  as  to  all  the  men,  I  feel  a  large 
ebt  is  due  for  their  bravery  and  efficiency,  in 
vorking  the  heavy  guns  so  long  and  so  efficient- 
y.  Officers  and  men  alike  seemed  a3tuated  by 
ne  spirit,  that  of  devotion  to  a  cause  in  which 
was  involved  "life,  liberty,  and  the  pursuit  of 


408 


REBELLION    RECORD,  1862-63. 


happiness."  Every  blow  struck  was  aimed  by 
cool  heads,  supported  by  strong  arms  and  honest 
hearts.  I  feel  that  it  is  a  duty  I  owe  to  Col.  A. 
Heiman,  commanding  Tenth  Tennessee  regiment, 
to  give  this  testimony  of  my  high  appreciation  of 
him  as  a  soldier  and  as  a  man,  due  to  his  gallant 
regiment,  both  officers  and  men.  I  place  them 
second  to  no  regiment  I  have  seen  in  the  army. 

To  Capt.  Dixon  of  the  engineers,  I  owe,  as  does 
the  whole  country,  my  special  acknowledgments 
of  his  ability  and  unceasing  energies.  Under  his 
immediate  eye,  were  all  the  works  proposed  by 
myself  at  Forts  Donelson  and  Heiman  executed, 
whilst  his  fruitfulness  in  resources  to  meet  the 
many  disadvantages  of  position,  alone  enabled  us 
to  combat  its  difficulties  successfully. 

To  Lieut.  Watts,  of  the  heavy  artillery,  as  act 
ing  ordnance  officer  at  Fort  Henry,  I  owe  this 
special  notice  of  the  admirable  condition  of  the 
ordnance  department  at  this  post.  Lieut.  Watts 
is  the  coolest  officer  under  fire  I  ever  met  with. 

I  take  pleasure  in  acknowledging  the  marked 
courtesy  and  consideration  of  Flag-Officer  Foote 
of  the  Federal  navy,  of  Capt.  Stemble  and  the 
other  naval  officers  to  myself,  officers,  and  men. 
Their  gallant  bearing  during  the  action,  gave  evi 
dence  of  a  brave  and  therefore  generous  foe. 
Respectfully,  your  obedient  servant, 

LLOYD  TILGHMAN, 

Brig.-Gen.  Commanding. 

ED.  A.  PALFRED. 

A.  A.  General. 
A.  &  I.  G.  OFFICE,  August  29,  1862. 

SUPPLEMENT  TO  THE  REPORT. 

RICHMOND,  August  9, 1862. 

My  attention  having  been  called,  since  writing 
the  above  report,  to  certain  statements  made  in 
the  somewhat  unofficial  reports  of  the  battles  at 
Fort  Donelson,  on  the  subject  of  the  condition  of 
the  fortifications  at  that  place,  at  the  time  of  the 
arrival  of  the  reinforcements,  I  deem  it  highly 
proper  to  protect  my  own,  as  well  as  the  reputa 
tion  of  the  officers  and  men  of  my  command,  and 
place  the  facts  of  the  case  on  record. 

Nearly  broken  down  by  incessant  work  from 
the  middle  of  June,  in  organizing  and  perfecting 
the  first  Kentucky  brigade,  and  in  remodelling 
the  brigade  at  Hopkinsville,  Ky.,  I  was  not  in  the 
best  condition,  so  late  as  the  fifteenth  of  Decem 
ber,  to  commence  in  a  new  field  of  operations, 
and  work  into  perfect  shape  a  third  brigade,  and 
carry  on  the  system  of  fortifications  on  both  the 
Cumberland  and  Tennessee,  necessary  for  the  im 
portant  line  intrusted  to  my  care.  The  facts  of 
the  case  are  simply  these :  On  reaching  Fort 
Donelson  the  middle  of  December,  I  found  at  my 
disposal  six  undisciplined  companies  of  infantry, 
with  an  unorganized  light  battery.  Whilst  a 
small  water  battery  of  two  light  guns  constituted 
the  available  river  defence.  Four  thirty-two- 
pounders  had  beeti  rightly  placed,  but  were  not 
available.  By  the  twenty-fifth  of  January  I  had 
prepared  the  entire  batteries  (except  one  piece 
which  arrived  too  late)  for  the  river  defences, 
built  the  entire  field-work  with  a  trace  of  two 
thousand  nine  hundred  feet,  and  in  the  most  sub 


stantial  manner  constructed  a  large  amount  of 
abatis,  and  commenced  guarding  the  approaches 
by  rifle-pits  and  abatis.  This  was  all  done  when 
the  reinforcements  arrived,  and  when  the  total 
lack  of  transportation  is  taken  into  consideration, 
as  well  as  the  inclemency  of  the  season,  and  yet 
find  not  only  the  original  troops  there,  but  nearly 
all  my  reinforcements  housed  in  something  like 
four  hundred  good  cabins,  I  conceive  my  time  to 
have  been  well  spent.  Whilst  this  was  being 
done,  the  strengthening  of  Fort  Henry,  the  build 
ing  of  all  the  outworks  around  it,  together  with 
the  advanced  state  of  the  new  works  south  of  Ten 
nessee  River — Fort  Heiman,  together  with  its  line 
of  rifle-pits  and  abatis,  was  all  thoroughly  per 
formed,  and  satisfy  my  own  mind  that  officers 
and  men  could  not  have  fallen  short  in  their  du 
ties  to  have  accomplished  so  much.  The  failure 
of  adequate  support,  doubtless  from  sufficient 
cause,  cast  me  on  my  own  resources,  and  com 
pelled  me  to  assume  responsibilities  which  may 
have  worked  a  partial  evil.  I  aimed  at  the  gen 
eral  good,  and  am  the  last  man  to  shrink  from  as 
suming  what  is  most  likely  to  accomplish  such  an 
end.  I  would  further  state  that  I  had  connected 
both  Forts  Henry  and  Donelson  by  a  line  of  tele 
graph  from  Cumberland  City,  total  length  of  the 
line  about  thirty-five  miles,  thus  placing  me  in 
close  relations  with  Bowling  Green  and  Columbus. 

(A) 

LIST    OF    COMMISSIONED    OFFICERS    SURRENDERED    AT 
FORT    HENRY,   FEBRUARY  6,   1862. 

Brigadier-General  Lloyd  Tilghman,  command 
ing  ;  Captain  H.  L.  Jones,  quartermaster's  de 
partment ;  Captain  John  McLaughlin,  quarter 
master's  department;  Captain  Joseph  A.  Miller, 
engineer  department ;  Captain  J.  A.  Haydon, 
engineer  department ;  Captain  G.  R.  G.  Jones, 
heavy  artillery ;  A.  A.  A.  General  W.  L.  McCor- 
nico  ;  Captain  Jesse  Taylor,  artiller3r ;  Lieutenant 
W.  0.  Watts,  artillery  ;  Lieutenant  F.  J.  Weller, 
artillery ;  Surgeon  A.  H.  Vorhies,  medical  depart 
ment ;  Assistant  Surgeon  W.  D.  Horton,  medical 
department. 

(B) 

LIST  OF    NON-COMMISSIONED  OFFICERS  AND    PRIVATES 
SURRENDERED  AT  FORT  HENRY,  FEBRUARY  6,  1862. 

First  Sergeant  John  Jones,  Sergeant  H.  C.  Hal- 
lum,  Sergeant  W.  J.  B.  Cubine,  Sergeant  W.  H. 
Selkirk. 

Corporal  N.  Capass,  wounded  ;  Corporal  S.  W. 
Greenleaf. 

Privates— Ed.  Drake,  J.  B.  White,  Thos.  Buck 
ingham,  Patrick  Stout,  C.  C.  Brooks,  C.  C.  Whit- 
ford,  John  Elliott,  0.  P.  Saltsgiver,  Alex.  Joyce, 
Thomas  Moran,  Michael  Dassey,  L.  A.  Garvin, 
A.  G.  Gibson,  S.  D.  Johnson,  John  Hardin,  Wm. 
Daniels,  William  Carter,  Thomas  Phillips,  James 
Campbell,  D.  H.  Hatin,  James  McIIugh,  W.  H. 
Rutherford,  L.  C.  Thomason,  John  Wyall,  E.  F. 
Lyle,  M.  M.  Bailey,  M.  V.  Ray,  S.  R.  Myers,  B. 
Sharp,  H.  Carter,  W.  J.  Miles,  C.  C.  Jones,  S.  G. 
Casey,  James  Mosley,  G.  W.  CattrelL,  H.  C. 


DOCUMENTS. 


409 


Fred.  Waller,  0.  F.  Wickerson,  J.  C.  Hickey, 
John  Long,  R.  Garner,  T.  M.  Menitt,  J.  T.  Mar 
shall,  J.  W.  Marshall. 


Doc.  75. 

SPEECH   OF  JUDGE   J.  L.   PETIGRU. 

ON  the  seventh  of  November,  1861,  at  the 
opening  of  the  first  court  held  in  Charleston, 
South-Carolina,  after  the  secession  of  that  State, 
Judge  Petigru  appeared  and  responded  to  a 
writ  of  garnishment,  served  by  the  rebel  author 
ities. 

After  reading  the  writ  of  garnishment,  served 
upon  him,  and  interrogatories  attached,  in  refer 
ence  to  an  alien  enemy's  property. 

He  said  the  objection  he  had  to  these  interrog 
atories  was,  that  no  human  authority  has  the 
right  to  put  these  questions  to  him  or  any  one 
in  the  same  circumstances.  He  might  recognize 
the  right  of  South-Carolina  to  do  as  proposed  by 
the  Act,  because  in  a  State  like  South-Carolina  a 
sufferer  has  no  security  or  remedy  against  those 
ui  power,  unless  from  some  guarantee  in  the 
Constitution  of  the  State.  For  a  State  may  do 
whatever  it  is  not  forbidden  to  do  by  the  funda 
mental  law  of  the  State.  But  the  confederate 
States  have  no  such  claim  to  generality.  Their 
authority  is  confined  to  the  constitution  which 
confers  it  and  the  powers  delegated  to  them,  and 
whereas,  in  the  case  of  a  sovereign,  we  must 
show  a  guarantee  against  the  power,  in  the  case 
of  the  Confederacy  they  must  show  a  warrant  for 
their  power. 

There  is  no  article  in  the  Constitution  of  the 
confederate  States  which  authorizes  them  to  set 
up  an  inquisition,  or  to  proceed  otherwise  than 
according  to  the  laws .  of  the  land.  In  fact,  the 
best  authority  for  this  proceeding  is  Hudson's 
treatise  on  the  Star  Chamber,  in  Second  Collec 
tanea  Juridica.  It  will  be  found  that  the  method 
prescribed  in  this  confiscation  act  is  precisely 
that  of  the  Star  Chamber.  They  call  this  a  writ 
of  garnishment ;  Mr.  Hudson  calls  it  a  subpoena. 
This  calls  upon  me  to  disclose  all  the  cases  in  my 
knowledge  of  property  held  by  an  alien  enemy. 
Mr.  Hudson  requires  the  party  to  appear  before 
the  Star  Chamber,  and  answer  all  questions  which 
shall  be  put  to  him.  These  are  alike  in  being 
general.  There  is  no  plaintiff.  It  is  an  inquisi 
tion.  ...  If  no  such  power  has  been  granted, 
how  can  such  a  thing  be  legal  ?  .  .  What  is 
incident  to  cases  of  the  war  power,  the  grant  of 
the  war-power  covers ;  but  does  the  war -power 
require  the  creation  of  a  star-chamber  to  wrong 
and  harass  our  people?  .  .  .  Where  is  the 
authority  given?  Where  is  the  power  to  call 
upon  the  citizen  in  a  new  and  unheard-of  man 
ner,  to  answer  questions  upon  oath  for  the  pur 
pose  of  enforcing  the  confiscation  law  ?  Shall 
it  be  said  that  it  is  to  furnish  the  means  for 
carrying  on  the  war  ?  How  can  that  be  said  to 
be  necessary,  which  is  absolutely  never  known 


to  have  been  done  before  ?  Was  there  anj  body 
that  ever  fought  before  General  Beauregard  ? 
War,  unfortunately,  is  not  a  new  thing.  Its  his 
tory  is  found  on  every  page.  Was  there  ever  a 
law  like  this  endured,  practised,  or  heard  of  ?  It 
certainly  is  not  found  among  the  people  from 
whom  we  derive  the  common  law.  No  English 
monarch  or  Parliament  has  ever  sanctioned  or 
undertaken  such  a  thing.  It  is  utterly  incons»st. 
ent  with  the  common  law  to  require  an  inquisi 
tional  examination  of  the  subjects  of  the  laws  of 
war.  It  is  no  more  a  part  of  the  law  of  war  than 
it  is  a  part  of  the  law  of  peace. 

All  that  can  be  said  in  favor  of  the  end  and 
object  proposed,  can  be  said  in  favor  of  the  Star 
Chamber  and  the  Spanish  Inquisition.  Tor- 
quemada  set  on  the  latter  institution  with  the 
best  of  motives.  It  was  to  save  men's  souls.  He 
labored  most  earnestly,  in  season  and  out  of  sea 
son  ;  and  when  high  necessity  commanded,  he 
burnt  their  bodies  to  save  their  souls.  . 
We  do  not  consider  that  the  end  justifies  the 
means  in  these  days,  but  Torquemada  might  have 
burnt  Jews  and  Protestants,  without  calling  upon 
their  best  friends  to  inform  against  them,  and 
making  it  penal  not  to  do  so.  ... 

The  war  power  includes  as  an  incident,  every 
thing  which  is  necessary  and  usual.  It  cannot 
be  pretended  that  this  is  necessary  or  usual, 
since  it  never  was  done  before.  This  is  not  the 
first  war  that  ever  was  waged ;  and  the  laws  of 
war  are  not  the  subject  of  wild  speculation.  Now, 
the  means  granted  to  attain  this  end  are  based 
upon  the  supposition  that  the  end  deserves  all 
commendation ;  that  nothing  in  the  world  is 
more  calculated  to  advance  the  repute  of  the 
country  than  to  be  keen  in  searching  out  the 
property  of  enemies  and  proceeding  against  them 
when  they  have  no  opportunity  to  be  heard,  and 
to  impoverish  them  by  taking  away  the  earnings 
of  their  industry  and  applying  it  to  other  uses. 
.  .  .  It  would  be  the  most  intolerable  hard 
ship  for  me,  for  a  citizen,  at  every  quarter  sec 
tion  to  be  obliged  to  tell  all  he  knows  or  suspects 
against  his  neighbor.  It  is  pretended  that  it  is 
an  innocent  proceeding.  How  can  that  be  inno 
cent  which  calls  upon  one  to  commit  a  breach  of 
trust? 

The  law  protects  every  man  in  keeping  silence 
when  a  question  is  asked  that  involves  profes 
sional  confidence.  There  can  be  no  greater  op 
pression  than  to  compel  a  person  to  violate  a 
moral  or  legal  duty. 

Something  should  be  said  about  the  objects  of 
this  law,  for  there  is  a  very  common  error  in  sup 
posing  that  it  applies  to  the  estates  of  native 
citizens  who  are  living  abroad  in  an  enemy's 
country.  The  term  alien  enemy  is  the  only  one 
used  in  the  act.  It  is  a  definite,  technical  con 
struction.  An  alien  enemy  must  be  born  out  of 
the  legiance  of  the  sovereign.  There  can  be  no 
dispute  about  it.  He  is  not  an  alien  enemy  if  he 
was  born  within  the  domains  of  the  sovereign. 
A  sovereign  has  a  right  to  require  his  return. 
He  may  call  on  him  to  come  home.  What  it  is 
in  the  sovereign's  power  to  do,  and  what  he  may 


410 


REBELLION  RECORD,  1862-63. 


do  with  his  subject  when  he  refuses  to  return,  is 
another  matter,  but  until  he  has  been  called  on 
by  his  sovereign  to  return,  a  man  commits  no 
breach  of  duty  in  living  in  an  enemy's  country, 
according  to  law.  It  is  impossible  that  the  mak 
ers  of  the  law  should  not  be  aware  of  this,  and 
they  seem  to  have  purposely  left  this  open  for 
the  interposition  of  humanity. 

Judge  Petigru  denied  that  there  was  any  prece 
dent  for  this  law ;  and  a  freeman  could  not  be 
compelled  to  aid  this  confiscating  law,  by  informing 
against  both  his  friends  and  enemies.  It  was  this 
which  moved  those  brave  men,  who  not  only  shook 
the  pillars  of  monarchy  to  its  base,  and  abolished 
the  Star  Chamber,  but  did  it  with  the  declaration 
that  no  such  thing  should  be  tolerated  again. 
Are  we  going,  in  the  heyday  of  our  youth,  to  set 
an  example  which  has  been  repudiated  by  every 
lover  of  freedom  from  the  beginning  of  time  to 
this  day,  which  has  never  found  an  advocate, 
shocks  the  conscience,  and  invades  the  rights  of 
the  private  citizen  ? 

It  is  an  extraordinary  stretch  of  power,  in  an 
extraordinary  time,  when  we  are  endeavoring  to 
make  good  before  the  world  our  right  to  its  re 
spect  as  an  enlightened  people — a  people  capable 
of  self-government,  and  of  governing  themselves 
in  a  manner  worthy  of  the  civilization  and  light 
of  the  age,  and  this  act,  borrowed  from  the  dark 
est  period  of  tyranny,  is  dug  up  from  the  very 
quarters  of  despotism,  and  put  forward  as  our 
sentiments.  They  arc  not  my  sentiments  ;  and 
sorry  will  I  be  if  in  this  sentiment  I  am  solitary 
and  alone.  .  .  .  With  regard  to  that  which 
requires  the  violation  of  professional  confidence, 
he  must  be  better  instructed  before  making  up 
his  mind  to  the  order  of  responsibility  or  not. 
There  are  cases  when  it  is  dishonor  or  death — 
and  death  will  certainly  be  chosen  by  every  man 
who  deserves  the  name. 

Mr.  Miles,  the  District-Attorney,  moved  that 
Judge  Petigru  make  a  return  to  the  Court  of 
Garnishment,  in  which  the  question  asked  by  him 
should  be  raised,  that  if  the  first  duty  which  de 
volved  upon  his  Honor  since  he  had  put  on  his 
robes,  and  opened  the  first  term  of  the  confeder 
ate  Court  in  South-Carolina,  was  to  listen  to  an 
invective  against  the  government  whose  commis 
sion  he  bore — at  least  so  much  respect  might  be 
paid  to  the  mandate  of  the  Court,  which  issued, 
with  the  sanction  of  his  Honor's  name,  that  a 
formal  return  might  be  made  to  it,  so  that  the 
points  made  by  the  respondent,  in  which  not  only 
the  constitutionality  of  the  law  passed  by  the 
Congress  of  the  confederate  States,  but  the  very 
authority  of  that  Congress  itself,  and  the  validity 
of  the  government  which  it  represents,  are  drawn 
in  question,  may  be  at  least  set  down  for  argu 
ment,  and  not  be  allowed  to  be  treated  only  with 
invective. 

He  might  be  pardoned,  however,  if,  in  passing, 
he  called  the  attention  of  the  audience,  for  whose 
benefit  the  remarks  of  the  respondent  seem  to 
have  been  made,  to  the  singular  position  which 
the  succinct  respondent  to-day  for  the  first  time 


occupied.  It  was  not  strange  that  one  who  had 
so  often  distinguished  himself  by  the  undaunted 
boldness  with  which  he  threw  himself  in  opposi 
tion  to  the  weight  of  public  opinion,  should  be 
the  one  who  now  invoked  the  aid  of  the  Court  to 
protect  those  whom  the  law  of  Congress  desig 
nates  as  alien  enemies,  but  whom  he  still  pridea 
himself  on  calling  u  fellow-countrymen,"  from  the 
tyranny  of  a  government  which  attempts  to  make 
their  property  subject  to  the  rules  of  war.  This 
was  consistent  with  his  past  position.  But  it  was 
certainly  a  remarkable  metamorphosis  that  the 
eminent  jurist  who  fearlessly,  and  almost  alone, 
in  his  opposition  to  the  political  sentiments  of 
the  State,  should  now  invoke  the  strictest  and 
sternest  construction  of  State  rights  that  had 
ever  been  contended  for  even  in  South-Carolina, 
in  opposition  to  the  power  of  the  confederate  gov 
ernment  to  pass  a  law  in  relation  to  a  subject- 
matter  expressly  intrusted  to  Congress  by  the 
Constitution. 

It  is  true  that  the  profession  of  submission  to 
the  authority  of  the  State  in  this  matter  was  ac 
companied  by  the  explanation,  that  such  submis 
sion  would  be  given  only  because  there  could  be 
no  successful  resistance  to  the  tyranny.  But  even 
with  this  qualification,  the  acknowledgement  of 
the  authority  of  the  State  was  remarkable  from 
such  a  quarter. 


Doc.  76. 
BRECKINRIDGE  AND  THE  BLACK  FLAG. 

OFFICIAL    CORRESPONDENCE. 


HEADQUARTERS  DEPARTMENT  OF  TUB  CTTLF,  ) 
NEW-ORLEANS,  August  IT.      J 

SIR  :  I  am  directed  by  the  Major-  General  Com 
manding  to  send  you  the  following  important  of 
ficial  correspondence,  in  order  that  it  may  be  put 
upon  record  in  an  enduring  form. 

The  flag  under  which  the  confederates  have 
hitherto  fought  is  so  dark  to  us,  that  a  slight 
change  of  color  will  not  be  observable. 

Respectfully  yours,  R.  S.  DAVIS, 

Captain  and  A.  A.  A.  G. 

HEADQUARTERS  IN  THE  FIELD,  ) 

NEAR  BATON  ROUGE,  August  14.  f 

To  the  Commanding  Officer  of  the  United  States 

Forces  at  Baton  Rouge  : 

SIR  :  The  object  of  this  communication  is  to 
call  your  attention  to  acts  of  outrage  recently 
committed  in  this  part  of  the  confederate  States, 
under  the  orders  of  officers  of  the  United  States 
army,  and  to  other  acts  which,  I  am  informed, 
are  in  contemplation  under  the  same  orders. 

Many  private  houses  have  been  wantonly  burn 
ed,  much  private  property  has  been  taken  or  de 
stroyed  without  compensation,  many  unarmed 
citizens  have  been  seized  and  carried  away  into 
imprisonment  upon  false  and  frivolous  pretexts, 
and  information  has  reached  these  headquarters 
that  negro  slaves  are  being  organized  and  armed,  , 
to  be  employed  against  us. 

It  is  also  stated  that  the  Mayor  of  Bayou  Sara 


DOCUMENTS. 


411 


has  ceen  ordered  (in  case  he  cannot  procure  ne 
groes)  to  impress  all  able-bodied  white  persons, 
for  the  purpose  of  loading  coal  upon  the  boats  of 
the  United  States  fleet. 

It  has  been  the  earnest  desire  of  the  confeder 
ate  authorities  to  conduct  this  war  according  to 
the  usages  of  civilized  nations,  and  they  will  ad 
here  to  them  9:  long  as  they  are  respected  by  the 
United  States. 

I  am  instructed  by  Major-General  Van  Dorn, 
commanding  this  department,  to  inform  you  that 
the  above  acts  are  regarded  as  in  violation  of  the 
usages  of  civilized  warfare  ;  and  that  in  future, 
upon  any  departure  from  these  usages,  "  he  will 
raise  the  black  flag,  and  neither  give  nor  ask 
quarter." 

I  have  the  honor  to  request  an  answer  to  this 
communication,  informing  me  of  your  future  pur 
poses  touching  the  acts  herein  complained  of. 

I  am,  very  respectfully,  your  obedient  servant, 
J.  C.  BRECKINRIDGE, 

Major-General  C.  S.  A. 

HBADQUARTERS  UNITKD  STATES  FORCES,  ( 
BATON  ROUGE,  Aug.  14, 1862.      f 

GENERAL  :  In  reply  to  your  communication  of 
this  date,  I  have  the  honor  to  make  the  following 
statement : 

None  of  the  acts  therein  referred  to  have  been 
committed  to  my  knowledge,  in  this  part  of  the 
United  States,  under  the  order  of  our  officers. 

No  private  houses  have  been  wantonly  burned. 
Since  your  attack  of  the  fifth  instant  disclosed 
your  purpose  to  drive  this  army  from  the  public 
property  of  the  United  States,  I  have  determined 
to  adopt  such  measures  as  will  enable  me,  in 
strict  accordance  with  the  laws  of  civilized  war 
fare,  to  maintain  my  present  position.  The  ac 
complishment  of  this  purpose  compels  me  reluct 
antly  to  burn  a  small  number  of  houses,  includ 
ing  those  of  the  United  States  Government  and 
of  private  persons.  While  it  is  not  impossible 
that,  through  mistake,  injustice  may  have  been 
done  in  individual  cases  ;  and  although  the  vigil 
ance  of  officers  may  not  always  suffice  to  prevent 
wrong  on  the  part  of  subordinates,  yet  I  believe 
that  no  unarmed  citizen  has  been  seized  or  car 
ried  into  imprisonment  on  false  or  frivolous  pre 
texts.  No  negro  slaves  have  been  armed  against 
you  in  this  department.  I  have  no  information 
respecting  the  order  alleged  to  have  been  issued 
to  the  Mayor  of  Bayou  Sara. 

In  future  I  shall  permit  no  wanton  destruction 
of  private  property.  I  shall  permit  no  unarmed 
citizens  to  be  seized  upon  false  and  frivolous  pre 
texts.  I  shall  not  arm  negroes  unless  in  accord 
ance  with  the  laws  of  the  United  States. 

But  I  am  informed  that  a  corps  of  blacks  fought 
against  us  in  the  recent  battle  of  Baton  Rouge ; 
and  that  our  pickets  were  found  tied  to  trees, 
shot  through  the  head.  And  I  am  sorry  to  re 
mind  you  that  a  most  barbarous  system  of  guer 
rilla  warfare  is  authorized  by  your  officers,  and 
practised  by  your  men  in  this  department.  While 
we  saved  your  drowning  men  at  Memphis,  you 
shot  ours  at  White  River.  I  am  informed,  too, 
that  occasionally  you  have  raised  the  black  flag 


at  the  commencement  of  an  action.  Nevertheless, 
I  shall  never  raise  the  black  flag,  which  all  civil 
ized  nations  abhor;  but  I  shall  try  to  maintain 
the  flag  which  you  have  so  often  promised  to 
defend.  Your  obedient  servant, 

HALBERT  E.  PAINE, 

Colonel  Commanding  U.  S.  Forces, 

Major-General  JOHN  C.  BRECKINRIDGE,  C.  S.  A. 


Doc.  77. 
MARYLAND   AND  MASSACHUSETTS. 

Proceedings  in  the  Legislature  of  Massachusetts,  upon 
the  Act  of  the  State  of  Maryland  appropriating 
seven  thousand  dollars  for  the  Families  of  those  be 
longing  to  the  Sixth  Regiment  of  Massachusetts  Volun 
teers,  who  were  killed  or  disabled  by  wounds  received 
in  the  Riot  at  Baltimore,  April  13th,  1861. 

COMMONWEALTH    OF    MASSACHUSETTS. 

EXECUTIVE  DEPARTMENT,  BOSTON,  April  22,1362. 
To  the  Honorable  the  House  of  Representatives  : 
I  DEEM  it  due  to  the  honorable  conduct  of  the 
State  of  Maryland  toward  the  surviving  soldiers 
of  Massachusetts,  wounded  by  the  mob  in  Balti 
more,  on  the  nineteenth  of  April,  1861,  and  to 
ward  the  families  of  those  soldiers  who  were  dis 
abled  or  slain,  to  make  formal  communication  to 
the  General  Court  of  Massachusetts  of  the  ac 
tion  taken  by  the  General  Assembly  of  Maryland 
for  their  relief. 

I  do  therefore  with  this  Message  transmit  to 
the  General  Court  for  its  information  a  certified 
copy,  this  day  received  by  me,  of  an  Act  passed 
by  the  General  Assembly  of  Maryland,  entitled, 
"  An  Act  for  the  Relief  of  the  Families  of  those 
of  the  Massachusetts  Sixth  Regiment  of  Volun 
teers,  who  were  killed  or  wounded  in  the  Riot  of 
the  nineteenth  of  April,  1861,  in  Baltimore." 

JOHN  A.  ANDREW. 
MARYLAND,  SCT. 

At  a  session  of  the  General  Assembly  of  Mary 
land  begun  and  held  at  the  city  of  Annapolis,  on 
the  first  Wednesday  of  January,  being  the  first 
day  of  the  same  month,  in  the  year  of  our  Lord 
eighteen  hundred  and  sixty-two,  and  ended  on 
the  tenth  day  of  March  of  the  same  year,  His 
Excellency  Aug.  W.  Bradford,  Governor,  Esq., 
among  others  the  following  law  was  enacted,  to 
wit : 

No.  99.  An  Act  for  the  Relief  of  the  Families  of 
those  of  the  Massachusetts  Sixth  Regiment  of 
Volunteers,  who  were  killed  or  wounded  in  the 
Riot  of  the  nineteenth  of  April,  eighteen  hun 
dred  and  sixty-one,  at  Baltimore. 
Whereas,  The  Sixth  regiment  of  Massachusetts 
volunteers,  on  their  way  to  defend  the  National 
Capital,  were  brutally  attacked  by  a  mob  in  the 
streets  of  Baltimore,  on  the  nineteenth  day  of 
April,  eighteen  hundred  and  sixty-one,  and  three 
were  killed  and  eight  wounded,  and 

Whereas,  The  State  of  Maryland  is  anxious  to 
do  something  to  efface  that  stain  from  her  hith 
erto  untarnished  honor ;  therefore, 


412 


REBELLION  RECORD,  1862-63. 


Section  1st.  Be  it  enacted  by  the  General  As 
sembly  of  Maryland,  that  the  sum  of  seven  thou 
sand  dollars  be  and  the  same  is  hereby  appropri 
ated  and  placed  at  the  disposal  of  His  Excellency 
John  A.  Andrew,  or  any  one  acting  as  Governor 
of  the  Commonwealth  of  Massachusetts,  who 
shall  disburse  the  same  in  the  manner  and  pro 
portion  he  thinks  best  for  the  relief  of  the  fami 
lies  of  those  belonging  to  the  Sixth  regiment  of 
Massachusetts  volunteers  who  were  killed  or  dis 
abled  by  wounds  received  in  the  riot  of  the  nine 
teenth  of  April,  in  Baltimore. 

Section  2.  And  be  it  enacted,  That  this  Act 
shall  take  effect  from  the  date  of  its  passage. 

BY  THE  HOUSE  OF  DELEGATES,  March  10, 1862. 
This   engrossed   Bill,    the   original   of    which 
passed  the  House  of  Delegates,  by  yeas  and  nays, 
on  the  twenty-seventh  day  of  February,  1862, 
was  this  day  read  and  assented  to. 

By  order,  T.  S.  THOMAS, 

Chief  Clerk. 

BY  THE  SENATE,  March  10, 1862. 

This  engrossed  Bill,  the  original  of  which 
passed  the  Senate,  by  yeas  and  nays,  on  the  fifth 
day  of  March,  1862,  was  this  day  read  and  as 
sented  to.  By  order,  C.  HARWOOD, 

Secretary. 
[The  great  Seal  of  Maryland.] 

A.  "W.  BRADFORD. 

MARYLAND,  Scr. 

I,  William  A.  Spencer,  Clerk  of  the  Court  of 
Appeals  of  Maryland,  do  hereby  certify  that  the 
aforegoing  is  a  full  and  true  copy  of  the  Act  of 
the  General  Assembly  of  Maryland,  of  which  it 
purports  to  be  a  copy,  as  taken  from  the  original 
engrossed  bill,  deposited  in  and  belonging  to  the 
office  of  the  said  Court  of  Appeals. 

In  testimony  whereof  I  have  hereunto  set  my 
hand  as  Clerk,  and  affixed  the  seal  of  the  said 
Court  of  Appeals  of  Maryland,  this  nineteenth 
day  of  April,  A.D.  1862.  WM.  A.  SPENCER, 

Clerk  Court  of  Appeals  of  Md. 
COMMONWEALTH    OF    MASSACHUSETTS. 

IN  SENATE,  April  26, 1862. 

The  Committee  on  Federal  Relations,  to  whom 
was  referred  the  Message  of  His  Excellency  the 
Governor,  transmitting  the  Act  of  the  Legislature 
of  Maryland,  entitled,  an  Act  for  the  Relief  of  the 
Families  of  those  of  the  Massachusetts  Sixth  Re 
giment  of  Volunteers  who  were  killed  or  wound 
ed  in  the  riot  of  nineteenth  of  April,  1861,  at 
Baltimore,  report  the  accompanying  Resolve. 
Per  order,  W.  D.  NORTHEND, 

Chairman. 

COMMONWEALTH    OF    MASSACHUSETTS. 
In  the  Year  One  Thousand  Eight  Hundred  and  Sixty-Two. 

Resolve  in  relation  to  the  Act  passed  by  the 
General  Assembly  of  Maryland  for  the  Relief  of 
the  Families  of  the  killed  and  wounded  of  Massa 
chusetts  at  Baltimore,  on  the  nineteenth  of  April, 
eighteen  hundred  and  sixty-one. 

Resolved,  That  the  Commonwealth  of  Massa 
chusetts  hereby  acknowledges  the  liberal  appro 


priation  of  her  sister  State  of  Maryland,  for  the 
relief  of  the  wounded  and  of  the  families  of  the 
killed  of  the  Sixth  regiment  of  Massachusetts 
volunteers,  in  the  lamentable  occurrences  at  Bal 
timore  on  the  nineteenth  of  April,  eighteen  hun 
dred  and  sixty-one.  The  people  of  Massachu 
setts  will  welcome  with  sincere  and  cordial  satis 
faction  this  evidence  of  the  generous  sympathy 
of  the  people  of  Maryland,  which  will  tend  to  re 
store  and  strengthen  that  kind  and  fraternal  feei 
ng  which  should  ever  exist  between  the  citizens 
of  the  different  States  of  this  Union. 

Resolved,  That  His  Excellency  the  Governor 
be  requested  to  transmit  a  copy  of  this  Resolve 
to  His  Excellency  the  Governor  of  Maryland, 
with  the  request  that  it  be  laid  before  her  Legis 
lature  at  its  next  session. 

IN  SENATE,  April  28, 1862. 

The  Resolve  in  relation  to  the  Act  passed  by 
the  General  Assembly  of  Maryland,  for  the  re 
lief  of  the  families  of  the  killed  and  wounded  of 
Massachusetts  at  Baltimore,  nineteenth  April, 
1861,  was  discharged  from  the  Orders  of  the  Day 
and  considered. 

William  D.  Northend,  of  Essex,  addressed  the 
Senate  at  follows  : 

MB.  PRESIDENT:  In  this  hour  of  darkness  to 
the  Republic,  when  suspicion  and  distrust  pre 
vail,  and  the  public  mind  is  inflamed  with  bitter 
animosities,  the  slightest  occurrence  exhibiting 
good  will,  the  smallest  word  spoken  in  kindness 
by  one  portion  of  this  people  to  another,  is  not 
without  its  beneficent  effect.  The  State  of  Mary 
land,  from  her  position,  her  business,  her  social 
connections,  and  her  institutions,  was  susceptible 
to  the  contagion  of  rebellion  which  had  swept 
like  a  blight  through  States  on  her  border.  And, 
maddened  by  the  distractions  of  the  time,  by  the 
malaria  which  was  borne  upon  every  breeze  from 
the  South,  a  portion  of  her  people  committed  a 
most  grievous  crime  against  the  Government  by 
murderous  assaults  upon  loyal  citizens  hastening 
to  the  national  capital  to  protect  it  from  traitor 
hands  which  were  raised  for  its  destruction,  and 
the  victims  were  men  of  Massachusetts,  our  own 
neighbors,  brothers,  and  sons.  Massachusetts 
felt  most  deeply  the  wrong,  but  she  felt  it  more 
in  sorrow  and  sadness  than  in  anger.  She 
mourned  that  any  citizen  could  raise  his  hand 
against  that  Government  which  had  showered 
blessings  upon  all,  and  in  whose  perpetuity  all 
her  hopes  of  the  future  were  centred.  It  was 
more  to  her  than  the  loss  of  her  children.  And 
now,  when  by  the  patriotic  efforts  of  the  sons  of 
Maryland,  that  noble  State  is  rescued  from  the 
vortex  of  secession  into  which  a  portion  of  her 
people  would  have  plunged  her,  she  speaks  to 
Massachusetts.  She  deplores  the  wrong  which 
some  of  her  citizens  committed,  and,  although  as 
a  State  she  was  not  responsible  for  it,  she  sends 
from  her  treasury  for  the  relief  of  the  wounded 
and  the  families  of  the  killed.  The  loyal  heart 
of  Maryland  has  spoken.  Massachusetts  will  re 
spond  with  a  magnanimous  spirit.  Side  by  side, 
and  shoulder  to  shoulder,  th»  sons  of  Maryland 
and  of  Massachusetts  are  fighting  the  battles  of 


DOCUMENTS. 


413 


our  country ;  and  when  the  blessings  of  peace 
shall  be  proclaimed,  with  not  a  star  obliterated 
from  our  banner,  may  all  these  experiences  con 
tribute  to  cement  these  t\vo  noble  and  ancient 
States  in  the  common  brotherhood  of  the  Union. 

Daniel  S.  Richardson,  of  Middlesex,  spoke  as  fol 
lows  : 

Mr.  PKESIDENT:  The  Resolve  now  before  the 
Senate  again  calls  to  mind  the  circumstances 
under  which  the  nineteenth  day  of  April  has  been 
made  a  second  time  memorable  in  the  history  of 
our  country.  During  the  struggle  of  our  fore 
fathers  for  the  independence  of  this  nation,  the 
first  sacrifice  of  human  blood  to  the  great  cause 
of  freedom  and  the  elevation  of  mankind,  in  the 
wisdom  of  Providence,  was  permitted  to  be  on 
the  nineteenth  of  April,  and  it  was  the  blood  of 
citizens  of  the  county  of  Middlesex,  within  our 
Commonwealth,  shed  on  the  soil  of  the  town  of 
Lexington,  and  before  the  eyes  of  their  kindred 
and  friends.  After  years  of  the  enjoyment  of  that 
freedom,  in  the  wisdom  of  Providence,  on  the 
same  day  of  April,  in  the  cause  of  liberty,  another 
sacrifice  of  human  blood  has  been  permitted,  and, 
first  of  all,  the  blood  of  citizens  of  the  same  county 
of  Middlesex,  but  on  the  soil  of  another  State, 
away  from  kindred  and  friends.  The  city  of 
Lowell,  in  that  county,  part  of  the  senatorial  dis 
trict  which  I  have  the  honor  to  represent  at  this 
Board,  furnished  victims  for  the  second  sacrifice. 
It  is  with  deep  and  almost  overwhelming  awe, 
that  I  stand  here  and  dare  to  contemplate  the  co 
incidence  of  day  and  month,  and  the  further  start 
ling  facts  that  out  of  the  immense  territory  of  our 
Union,  twice,  and  many  years  apart,  first  in  the 
Revolution,  and  second  in  this  great  and  wicked 
rebellion,  the  first  human  blood  should  each  time 
be  required  from  the  county  of  Middlesex.  How 
can  we  help  being  certain  that  the  extraordinary 
parallel  will  be  carried  still  further,  and  that  this 
second  great  struggle  will  as  surely  end  success 
fully  in  preserving,  as  the  first  did  in  establishing 
the  Union  ? 

At  Lexington  a  monument  stands  over  the  re 
mains,  and  in  honor  of  the  memory,  of  the  yeomen 
of  the  county  who  fell  at  that  place  at  the  first 
sacrifice,  and  from  it  visitors  from  far  and  near 
have  read  and  will  forever  read  the  great  lesson 
of  liberty.  In  Lowell,  now  an  industrial  city  of 
nearly  forty  thousand  inhabitants,  but  which  forty 
years  ago  did  not  even  have  a  municipal  exist 
ence,  from  out  of  the  industrial  classes  of  the  citi 
zens,  Luther  0.  Ladd  and  Addison  0.  Whitney, 
two  young  men  who  fell  in  Baltimore,  have  found 
an  honored  grave.  Cruelly  killed  among  strang 
ers,  whose  liberties  they  were  marching  to  pro 
tect,  their  remains  were  brought  home  to  be  fol 
lowed  to  their  last  sacred  resting-place  by  a  weep 
ing  city.  The  remains  of  Sumner  H.  Needham, 
slain  at  the  same  time,  rest  in  the  younger  and 
sister  city  of  Lawrence,  in  the  county  of  Essex, 
and  those  of  Taylor,  whose  residence  and  friends 
are  yet  unknown,  repose  under  the  soil  of  the 
city  of  Baltimore,  where  he  was  killed.  Ladd, 
Whitney,  Needham,  and  Taylor  will  forever  be 
remembered  as  the  four  patriots  who  fell  in  Bal- 
S.  D.  26. 


timore  on  the  nineteenth  of  April,  1861,  and  who 
first  shed  their  blood  in  the  suppression  of  this  re 
bellion.  Over  their  remains  monuments  will  be 
erected  to  aid  in  teaching  the  second  series  of 
great  lessons  in  our  national  history.  What  will 
those  lessons  be  ?  Who  dares  answer,  when  he 
looks  forward  among  the  myriads  who  in  the  great 
and  boundless  future  are  to  read  them  and  to  pro 
fit  by  them  ?  To  us,  however,  they  offer  words  of 
instruction,  which  we  may  read  with  interest  and 
possibly  without  error.  Our  Revolution  was  a 
struggle  of  an  intelligent  people,  the  governed,  to 
elevate  and  govern  themselves  by  established  laws 
and  not  by  the  will  of  men,  an  inestimable  bene 
fit  to  mankind,  and  this  second  struggle  is  to  pre 
serve  the  government  thus  established.  Indeed, 
there  is  no  escape  from  the  conclusion,  that  as  in 
both  struggles  the  first  blood  was  shed  from  among 
the  yeomanry  and  industrial  population  of  the 
country,  so  the  great  objects  to  be  won  and  the 
certain  results  in  both  cases  were  to  be  for  the 
benefit  of  the  masses  of  the  people  and  for  their 
signal  triumph  over  the  ambitious  and  corrupt 
few,  whose  only  aim  was  power. 

The  General  Court  of  Massachusetts  has  made 
provision  for  those  who  were  injured,  and  for  the 
families  of  those  who  were  killed  in  Baltimore. 
The  additional  pecuniary  provisions  so  honorably 
made  by  the  Assembly  of  Maryland,  will  add  to 
the  comfort  of  the  sufferers,  and  the  Resolve  be 
fore  us  acknowledges,  in  just  and  friendly  terms, 
the  generous  act  of  the  Assembly.  But  this  act 
of  Maryland  takes  an  almost  infinitely  higher  po 
sition  among  men  for  other  reasons  than  the  com 
forts  it  affords  these  sufferers.  As  an  indication 
of  the  supremacy  of  kindly  feelings  and  brotherly 
love  it  is  a  priceless  act.  After  the  terrible  and 
painful  history  of  the  past  year,  it  causes  our 
blood  to  thrill  through  our  veins,  to  hear  from  di 
vided  and  distracted  Maryland  that  angry  pas 
sions  have  subsided,  and  that  calm  reason  and 
benign  justice  and  right  have  gained  the  ascend 
ency  there.  Within  less  than  a  year  from  tha 
time  when  the  blood  of  the  volunteer  citizen  sol 
diers  of  Massachusetts,  of  the  Sixth  regiment, 
marching  by  order  of  the  President  of  the  United 
States  to  aid  in  defending  the  Union  and  suppress 
ing  the  rebellion,  was  shed  in  Baltimore  by  an  an 
gry  and  unmanageable  populace,  the  Assembly  of 
Maryland,  speaking  for  the  people  of  the  State,  by 
which  that  body  was  elected,  extends  to  the  Com 
monwealth  of  Massachusetts  the  hand  of  friend 
ship,  and  to  those  who  were  injured  and  the  friends 
of  those  who  were  slain,  comfort  and  relief.  The 
stain  of  blood  in  the  streets  of  Baltimore  has  be 
come  matter  of  history,  and  can  never  be  washed 
out,  but  the  States  of  Maryland  and  Massachu 
setts  do  now,  and  we  may  well  hope,  when  this 
rebellion  is  crushed  out,  will  forever  continue  to 
maintain  the  most  friendly  relations  with  each 
other ;  and  although  they  will  alike  regret  the 
bloody  sacrifice  of  April  nineteenth,  1801,  they 
will  for  ever  look  back  upon  it  as  permitted  in  the 
wisdom  of  Providence  for  the  common  good. 
That  day's  work  formed  no  inconsiderable  part 
of  the  events  which  aroused  the  patriotism  of  half 


414 


REBELLION  RECORD,  1862-63. 


a  million  soldiers,  and  brought  them  into  the  field 
in  defence  of  the  Union. 

Maryland  thus  extends  the  hand  of  friendship 
to  the  more  Northern  States.  Missouri  and  Ken 
tucky,  through  their  acts  and  their  sufferings, 
have  done  the  same.  Let  Massachusetts  and  each 
State  at  the  North,  cordially  grasp  their  friendly 
hands.  Let  it  be  proclaimed  and  understood,  that 
as  soon  as  the  wild  and  wicked  ambition  of  rebel 
leaders  is  put  down,  and  the  people  of  the  seced 
ing  States  having  been  truly  informed  of  the 
friendly  feelings  that  at  the  North  everywhere 
prevail  toward  them  when  separated  from  their 
false-hearted  and  corrupt  leaders,  will  meet  on 
common  and  friendly  grounds,  then. each  State 
will  be  welcomed  back  into  the  family  of  the 
Union,  not  as  a  dependent  and  subjugated  terri 
tory,  but  as  an  equal  and  independent  and  sover 
eign  State.  And  let  us  hope  that  this  gleam  of 
light  which  comes  so  cheeringly  from  Maryland 
to  Massachusetts,  (and  I  hope  we  shall  signally 
recognize  it  by  the  unanimous  adoption  of  this 
Resolve,)  is  the  early  morning  twilight  that  fol 
lows  the  dark  and  stormy  night  which  has  been 
upon  us,  and  that  ushers  in  the  bright  and  per 
petual  day  of  peace,  prosperity,  and  happiness, 
which  this  great  and  again  friendly  and  united 
people  is  yet  to  enjoy,  and  the  blessings  of  which 
they  are  to  preserve  and  to  transmit  to  posterity 
as  an  inheritance  forever. 

Alvah  Crocker,  of  Worcester,  spoke  as  fol 
lows  : 

Mr.  PRESIDENT  :  God  bless  Maryland !  God 
bless  the  land  of  Carroll,  of  Hicks,  of  Johnson ! 
Sir,  for  the  noble  act  she  has  Consummated  — 
for  the  olive  branch  she  has  extended — for  the 
germ  of  friendship  she  has  planted,  surely  des 
tined  to  put  forth,  to  blossom,  to  bear  the  richest 
fruit — twining  us  together — drawing  the  cords  of 
love  around  our  very  heart-strings — for  this,  I 
say  again  God  bless  her  ?  Sir,  it  was  my  fortune 
in  December  last  to  enjoy  an  interview  at  Mary 
land's  capital,  Annapolis,  with  some  of  the  dele 
gates  of  her  Assembly.  The  discussion  at  that 
time  began  in  bitterness,  to  be  ended  in  mutual 
confidence.  I  took  occasion  then,  sir,  to  assure 
those  men  that  Massachusetts  was  a  Union-loving 
State,  her  people  would  stand  by  the  Constitu 
tion  of  the  United  States,  now  and  always,  until 
changed  by  a  constitutional  majority.  And  dur 
ing  our  discussion,  sir,  with  our  hearts  warmed 
by  this  interchange  of  sentiment,  they  turned  to 
our  maimed  and  dead  of  Baltimore  of  the  memor 
able  nineteenth  of  April,  and  to  the  condition  of 
their  friends,  and  to  the  subject  of  making  the  re 
paration  acknowledged  by  this  resolve,  reparation 
so  befitting  the  character  of  a  sovereign  State.  I 
hailed  it  as  the  first  dawn  of  light  over  our  un 
happy  and  bleeding  country — of  day  breaking  in 
upon  us.  Sir,  when  ultraism  on  both  sides  of 
"Mason  and  Dixon's  line"  shall  have  sufficiently 
drenched  us  in  sorrow,  in  blood — when  homes 
enough  have  been  desecrated — families  enough 
decimated  —  and  0  sir!  hearts  enough  stricken 
and  broken,  victims  enough  sacrificed  to  this  hy 
dra  monster,  this  Moloch  of  secession,  of  fanati 


cism — ay,  sir,  when  again  our  proud  eagle  shall 
spread  her  broad  pinions  from  Oregon  to  Mexico, 
our  glorious  flag  again  be  unfurled,  sainted,  hon 
ored — every  star  again  in  its  place — again  shed 
ding  its  appropriate  lustre  over  all  the  broad  acres 
of  our  land  ;  ay,  sir,  with  that  sacred  instrument 
of  constitutional  liberty  now,  too,  again  in  its 
place,  though  baptized  as  it  will  be,  in  the  deep 
est  crimson,  then  again  to  be  worshipped  and  ven 
erated  the  more,  as  the  pole-star  of  our  future 
course — so  long  as  Massachusetts  has  a  heart  to 
love  and  sustain  it,  will  she  remember  this  act  of 
comity  of  her  sister  State  of  Maryland,  cementing 
and  binding  us  together  as  it  does  more  closely 
forever  ;  and  by  us,  sir,  Massachusetts  Senators, 
now,  hereafter,  always,  till  cold  in  our  coffins, 
shall  the  inspiration  of  this  act  of  Maryland  now 
before  us,  be  cherished  and  embalmed  upon  the 
page  of  grateful  memory. 

[The  President  (John  H.  Clifford)  in  putting 
the  question  upon  the  Resolve,  in  order  to  give 
the  most  emphatic  approval  of  the  Senate  to 
this  fraternal  legislation  of  Maryland  and  Massa 
chusetts,  requested  the  Senators  in  favor  of  its 
passage,  to  signify  it  by  rising  in  their  places — 
whereupon  the  Resolve  was  unanimously  passed. 

The  Resolve  was  then  transmitted  to  the  House 
of  Representatives,  and  unanimously  passed  in 
that  branch.] 


Doc.  78. 
CAPTURE  OF  FORT  DONELSON. 

SUPPLEMENTAL  REPORT  OP  GEtf.  PILLOW.* 

HEADQUARTERS  THIRD  DIVISION,  J 
DECATUR,  ALA.,  March  14,  1862.      j" 

Col  W.  W.  MacTcall,  A.  A.  General: 

THE  position  we  occupied  was  invested,  on  the 
eleventh  of  February,  by  a  force  which  we  esti 
mated  at  about  twenty  thousand  strong.  This 
force  had  approached  us  partly  by  water,  but 
mainly  by  land  from  Fort  Henry.  I  considered 
the  force  we  had  sufficient  to  repulse  the  assault 
of  this  force.  We  repulsed  everywhere  a  vigor 
ous  assault  made  by  our  enemies  against  our  po 
sition.  Fresh  troops  continued  to  come  every 
day  by  water  until  the  fourteenth.  We  are  sat 
isfied  the  enemy's  forces  are  not  short  of  thirty 
thousand  men.  Our  impressions  of  his  strength 
were  confirmed  by  prisoners  we  had  taken  on 
that  day. 

This  evening  the  enemy  landed  thirteen  steam 
boat  loads  of  fresh  troops.  It  was  now  manifest 
that  we  could  not  long  maintain  our  position 
against  such  overwhelming  numbers.  I  was 
satisfied  the  last  troops  were  of  General  Buell's 
command.  We  felt  the  want  of  reinforcements, 
but  we  did  not  ask  for  them,  because  we  knew 
they  were  not  to  be  had.  I  had  just  come  from 
Bowling  Green,  and  heard  that  GeneralJolmston 
could  not  spare  a  man  from  his  position.  Ho 
had,  in  fact,  already  so  weakened  himself,  that 
he  could  not  maintain  his  position  against  a  vis;- 

*  See  page  164  Docs.,  Vol.  IV.  REBELLION  RBCCBB. 


DOCUMENTS. 


415 


orous  assault.  Under  these  circumstances,  deem 
ing  it  utterly  useless  to  apply  for  reinforcements, 
we  determined  to  make  the  best  possible  defence 
we  could  with  the  force  in  hand.  Our  invest 
ment  by  a  force  of  thirty  thousand  men  on  the 
fourteenth  being  completed,  and  the  enemy  on 
that  evening  having  received  thirteen  boat-loads 
of  fresh  troops,  a  council  of  general  officers  was 
convened  by  General  Floyd,  at  which  it  was  de 
termined  to  give  battle  at  daylight  the  next  day, 
so  as  to  cut  off  the  investing  force,  if  possible, 
before  the  fresh  troops  were  in  position.  In  that 
council  I  proposed  as  a  plan  of  attack,  that  with 
the  lorce  in  the  intrenchments  of  our  left  wing, 
and  Colonel  Hanson's  regiment,  of  General  Buck- 
ner's  division,  I  should  attack  the  enemy's  main 
force,  on  his  right,  and,  if  successful,  that  would 
roll  the  enemy  on  his  line  of  investments  to  a 
point  opposite  General  Buckncr's  position,  where 
he  would  attack  him  in  flank  and  rear,  and  drive 
him,  with  our  united  commands,  back  upon  his 
encampments  at  the  river.  To  this  proposition, 
so  far  from  allowing  me  to  have  Colonel  Hanson's 
regiment,  General  Buckner  objected.  I  waived 
the  point,  saying  I  only  asked  the  assistance  of 
that  regiment,  because  my  portion  of  the  labor 
was,  by  far,  the  greatest  to  be  performed,  and 
that  upon  my  success  depended  the  fortunes  of 
the  day,  and  that  a  very  large  portion  of  the 
troops  I  had  to  fight  were  fresh  troops  and  badly 
armed. 

General  Buckner  then  proposed  as  a  modifica 
tion  of  my  plan  of  battle,  that  he  should  attack 
the  enemy  simultaneously  with  me,  that  his  at 
tack  should  be  against  the  position  of  the  Wynn's 
ferry  road,  where  he  had  a  battery  nearly  oppo 
site  the  middle  of  the  left  wing,  and  that  he 
would  thus  lessen  the  labors  of  my  command, 
and  strike  the  enemy  in  a  material  point.  To 
this  modification  I  agreed,  as  an  improvement 
upon  my  proposed  plan.  In  carrying  out  this 
plan,  thus  agreed  upon,  it  became  proper  for 
Colonel  Heiinan's  brigade  to  maintain  its  position 
in  the  line,  otherwise  the  enemy  might  turn  the 
right  of  General  Buckner' s  position,  take  his 
forces  on  the  right  flank,  and  thus  defeat  our 
success.  It  was  arranged  accordingly.  General 
Floyd  approved  this  plan  of  battle,  and  ordered 
that  it  should  be  carried  out  next  morning  by 
daylight.  I  then  sent  for  all  the  commanders  of 
brigades,  to  explain  to  them  our  situation,  (being 
invested,)  our  purpose,  our  plan  of  battle,  and  to 
assign  to  each  brigade  its  proper  position  in  my  col 
umn,  all  of  which  was  done,  and  I  gave  orders 
to  have  my  whole  force  under  arms,  at  four  and 
a  half  o'clock,  and  to  be  ready  to  march  out  of 
our  works  precisely  at  five  o'clock. 

At  four  o'clock  I  was  with  my  command,  all 
of  which  were  in  position,  except  Colonel  Davi- 
son's  brigade,  none  of  which  were  present.  I 
immediately  directed  General  B.  R.  Johnson,  who 
was  present,  and  to  whose  immediate  command 
Colonel  Davison's  brigade  belonged,  to  despatch 
officers  for  that  brigade,  and  to  ascertain  the 
causes  of  delay.  He  did  so.  I  likewise  sent 
several  officers  of  iny  staff  on  the  same  duty.  Both 


sets  of  officers  made  the  same  report,  namely : 
Colonel  Davison  had  failed  to  give  any  orders  to 
the  colonels  of  his  command,  and  that  Colonel 
D.  was  sick.  It  is  proper  to  state  he  was  com 
plaining  of  being  sick  when  the  orders  were  re 
ceived.  The  instructions  to  the  brigade  com 
manders  were  given  about  two  o'clock  that  morn 
ing.  My  command  was  delayed  in  its  advance 
about  half  an  hour  by  the  necessity  of  bringing 
up  the  brigade. 

My  column  was  finally  ready,  and  put  in  mo 
tion  about  fifteen  minutes  after  five  o'clock.  I 
moved  with  the  advance,  and  directed  General 
B.  R.  Johnson  to  bring  up  the  rear.  The  com 
mand  of  Colonel  Davison's  brigade  devolved  upon 
Colonel  Simonton,  which,  owing  to  the  reasons 
already  stated,  was  brought  into  column  in  the 
rear,  and  into  action  last,  under  General  Johnson, 
to  whose  report,  for  its  good  behavior  on  the 
field,  I  particularly  refer,  having,  in  my  original 
report,  omitted  to  state  its  position  on  the  field. 
Many  of  these  incidents,  not  deemed  essential  to 
the  proper  understanding  of  the  main  features  of 
the  battle  of  the  twelfth  of  February,  were  omitted 
in  my  original  report,  but  are  now  given  as  parts 
of  its  history.  In  my  original  report,  I  gave  the 
after  operations  in  the  battle  of  the  fifteenth 
February,  and  shall  now  pass  over  all  the  events 
occurring  until  the  council  of  general  officers, 
held  on  the  night  of  the  fifteenth.  The  lodgment 
of  the  enemy's  force,  in  the  rifle-pits  of  General 
Buckner' s  extreme  right,  late  on  the  evening  of 
the  fifteenth  February,  induced  General  Floyd  to 
call  a  meeting  of  general  officers  at  headquarters 
that  night. 

We  had  fought  the  battle  of  the  fifteenth  to 
open  the  way  through  the  enemy's  line  of  in 
vestments,  to  retire  to  the  interior.  The  battle 
had  occupied  the  day.  We  were  until  twelve 
o'clock  that  night  burying  the  dead.  At  about 
one  o'clock,  we  had  all  the  commanders  of  regi 
ments  and  brigades  assembled,  and  given  orders 
to  the  entire  command,  to  be  under  arms  at  four 
o'clock  to  march  out  on  the  road  leading  toward 
Charlotte.  I  had  given  instruction  to  Major 
Flays,  my  commissary,  and  Major  Jones,  my 
quartermaster,  immediately  after  our  evacuation 
of  the  place,  to  burn  all  the  stores.  About  three 
o'clock  (perhaps  a  little  earlier)  we  received  intel- 

ence  from  the  troops  in  the  trenches,  that  they 
leard  dogs  barking  around  on  the  outside  of  our 
ines,  and  the  enemy,  they  thought,  were  rein 
vesting  our  position.  General  Floyd  immediate- 
y  directed  me  to  send  out  scouts  to  ascertain 
the  fact.  This  duty  was  performed.  When  the 
scouts  returned,  they  reported  the  enemy  in 
arge  force  occupying  his  original  position,  and 
closing  up  the  routes  to  the  interior.  Not  being 
satisfied  with  the  truth  of  the  report,  I  directed 
olonel  Forrest  to  send  out  a  second  set  of  scouts, 
and  at  the  same  time  directed  him  to  send  two 
ntelligent  men  up  the  bank  of  the  river,  to  ex 
amine  a  valley  of  overflown  ground,  lying  to  the 
rear  and  right  of  the  enemy's  position,  and  if  the 
valley  of  overflown  ground  could  be  crossed  by 
infantry  and  cavalry,  and  to  ascertain  if  the  ene- 


416 


REBELLION   RECORD,  1862-63. 


my's  forces  reached  the  river  bank.  The  one  set 
of  scouts  returned  and  confirmed  the  previous 
reports,  namely :  That  the  woods  were  full  of  the 
enemy,  occupying  his  former  position  in  great 
numbers.  The  scouts  sent  up  the  river  to  ex 
amine  the  overflow,  reported  that  the  overflown 
valley  was  not  practicable  for  infantry,  that  the 
soft  mud  was  about  half-leg  deep,  that  the  water 
was  about  saddle-skirts  deep  to  the  horses,  and 
that  there  was  a  good  deal  of  drift  in  the  way. 
We  then  sent  for  a  citizen,  whose  name  is  not 
remembered,  said  to  know  that  part  of  the  coun 
try  well,  and  asked  his  opinion.  He  confirmed 
the  reports  of  the  river  scouts. 

In  addition  to  the  depth  of  the  water,  the 
weather  was  intensely  cold,  many  of  the  troops 
were  frost-bitten,  and  they  could  not  stand  a 
passage  through  a  sheet  of  water.  With  these 
facts  before  us,  Generals  Floyd,  Buckner,  and 
myself,  the  two  former  having  remained  at  my 
quarters  all  the  intervening  time,  held  a  consul 
tation,  when  General  Floyd  said :  "  Well,  gentle 
men,  what  is  now  best  to  be  done  ?"  Neither 
General  Buckner  nor  myself  having  answered 
promptly,  General  Floyd  repeated  his  inquiry, 
addressing  himself  to  me  by  name.  My  reply 
was,  it  was  difficult  to  determine  what  was  best 
to  be  done,  but  that  I  was  in  favor  of  cutting  our 
way  out.  He  then  asked  General  Buckner  what 
he  thought  we  ought  to  do.  General  Buckner 
said  his  command  was  so  broken  down,  so  cut 
up,  and  so  demoralized,  he  could  not  make  an 
other  fight,  that  he  thought  we  would  lose  three 
fourths  of  the  command  we  had  already  left  if 
we  attempted  to  cut  our  way  out,  and  that  it  was 
wrong.  No  officer  had  a  right  to  sacrifice  three 
fourths  of  a  command  to  save  the  other  fourth. 
That  we  had  fought  the  enemy  from  the  trenches, 
we  had  fought  him  from  his  gunboats,  and  fought 
our  way  through  his  line  of  investments,  that  we 
were  again  invested  with  a  force  of  fresh  troops, 
that  the  army  had  done  all  duty  and  honor  re 
quired  it  to  do,  and  more  was  not  possible. 

General  Flo}Td  then  remarked  that  his  opinions 
coincided  with  General  Buckner.  Brigadier-Gen 
eral  B.  R.  Johnson  had  previously  retired  from 
the  council  to  his  quarters  in  the  field,  and  was 
not  present.  In  my  original  report,  I  stated  it 
was  my  impression  Major  Gilmer  was  consulted, 
and  concurred  in  the  opinions  of  Generals  Buck 
ner  and  Floyd ;  but  from  subsequent  conversa 
tions  with  Major  Gilmer,  I  learn  from  him  he 
had  retired  to  another  room  and  lain  down,  and 
was  not  present  at  this  part  of  the  conference, 
and  I  am  therefore  satisfied  that  I  was  mistaken 
in  the  statements  in  regard  to  him. 

The  proposition  to  cut  our  way  out  being  thus 
disposed  of,  I  remarked  that  we  could  held  our 
position  another  day,  and  fight  the  enemy  from  our 
trenches ;  that  by  night  our  steamboats  that  had 
taken  off  the  prisoners  and  our  own  wounded 
men  would  return,  and  that  during  the  night  we 
could  set  our  troops  on  the  right  bank  of  the 
river,  and  that  we  could  make  our  escape  by 
Clarksville,  and  thus  save  the  army.  To  this 
proposition  General  Buckner  said  :  "  Gentlemen, 


you  know  the  enemy  occupy  the  rifle-pits  on  mr 
right,  and  can  easily  turn  my  position  and  attack 
me  in  the  rear,  or  move  down  on  the  river  bat 
tery.  I  am  satisfied  he  will  attack  me  at  day 
light,  and  I  cannot  hold  my  position  half  an 
hour."  Regarding  General  Buckner's  reply  as 
settling  this  proposition  in  the  negative,  (for  I 
had  quite  enough  to  do  with  my  heavy  losses  of 
the  previous  day  to  defend  my  own  portion  of 
the  lines,  and  I  could  give  him  no  reinforce 
ments,)  I  then  said:  "Gentlemen,  if  wo  cannot 
cut  out,  nor  fight  on,  there  is  no  alternative  left 
us  but  capitulation,  and  I  am  determined  that  I 
will  never  surrender  the  command,  nor  surrender 
myself  prisoner;  I  will  die  first."  General  Ficyd 
remarked  that  such  was  his  determination,  and 
that  he  would  die  before  he  would  do  cither. 
Thereupon,  General  Buckner  remarked  that  such 
determinations  were  personal,  and  that  personal 
considerations  should  never  influence  official  ac 
tion.  General  Floyd  said  he  acknowledged  it 
was  personal  with  him,  but  nevertheless  it  was 
his  determination.  Whereupon,  General  Buck 
ner  said,  that  being  satisfied  nothing  else  could 
be  done,  if  he  was  placed  in  command,  he  would 
surrender  the  command,  and  share  the  fate  of 
the  command.  General  Floyd  immediately  said  : 
"  General  Buckner,  if  I  place  you  in  command, 
will  you  allow  me  to  draw  out  my  brigade?" 
General  Buckner  promptly  replied:  "Yes,  pro 
vided  you  do  so  before  the  enemy  ict  upon 
my  communication."  General  Floyd  remarked  : 
"General  Pillow,  I  turn  over  the  command."  I 
replied  instantly:  "I  pass  it."  General  Buck 
ner  said  :  "I  assume  it;  bring  me  a  bugler,  pen, 
ink,  and  paper."  General  Buckner  had  received 
pen,  ink,  and  paper,  and  sat  down  to  the  table  and 
commenced  writing,  when  I  left  and  crossed  the 
river,  passing  outside  the  garrison  before  General 
Buckner  proposed  his  communication  to  the  ene 
my,  and  went  to  Clarksville  by  land  on  horse 
back.  I  did  not  know  what  he  had  written  until 
I  saw  the  published  correspondence  with  General 
Grant. 

I  may  be  asked  if  I  was  in  favor  of  cutting  my 
way  out,  why,  when  the  command  was  turned 
over  to  me,  I  did  not  take  it  ?  My  reply  is,  that, 
though  technically  speaking,  the  command  de 
volved  on  me  when  turned  over  by  General  Floyd, 
it  was  turned  over  to  General  Buckner  in  point 
of  fact.  All  parties  so  understood  it.  In  proof 
of  this,  General  Floyd,  under  his  agreement  with 
General  Buckner,  actually  withdrew  a  large  por 
tion  of  his  brigade,  by  setting  them  across  the 
river  in  the  steamer  Gen.  Anderson,  that  arrived 
just  before  daylight.  In  further  proof  of  this,  I 
embody  in  this  report  an  order  of  General  Buck 
ner  to  General  B.  R.  Johnson,  after  he  had  as 
sumed  command,  A  copy  of  order  : 

HEADQUARTKRS,  DOVER,  February  16,  1862. 

SIR:  The  command  of  the  forces  in  this  vicin 
ity  has  devolved  upon  me  by  order  of  General 
Floyd.  I  have  sent  a  flag  to  General  Grant,  and 
during  the  correspondence,  and  until  further  or 
ders,  refrain  from  hostile  demonstrations,  with  a 


DOCUMENTS. 


41* 


view  to  prevent  like  demonstrations  on  the  ene 
my's  part.  You  will  endeavor  to  send  a  flag  to 
the  posts  in  front  of  your  position,  notifying 
them  of  the  fact  that  I  have  sent  a  communica 
tion  to  General  Grant  from  the  right  of  our 
position,  and  desire  to  know  his  present  head 
quarters. 

llespectfully,  your  obedient  servant, 

S.  B.  BUCKNER, 

Brig.-Gen.  C.  S.  A. 

In  addition  to  this,  General  Floyd  was  my 
senior,  and  of  high  character  and  acknowledged 
ability.  General  Buckner,  though  my  junior  in 
rank,  possesses  high  reputation  as  an  officer  of 
talents  and  experience.  With  the  judgment  of 
both  against  me,  if  I  had  acted  upon  my  own 
conviction,  and  had  failed  or  involved  the  com 
mand  in  heavy  loss,  I  was  apprehensive  it  would 
be  regarded  as  an  act  of  rashness,  and  bring 
upon  me  the  censure  of  the  government,  and  the 
condemnation  of  the  country.  Besides,  without 
their  assistance  in  command,  and  with  the  moral 
weight  of  their  opinions  with  the  troops  against 
the  step,  I  did  not  regard  it  practicable  to  make 
a  successful  effort  to  cut  out.  I  declined  to  as 
sume  the  command  when  turned  over  by  General 
Floyd,  because  it  was  against  my  convictions  of 
duty  to  surrender  the  command,  and  under  the 
decisions  of  Generals  Floyd  and  Buckner,  (a 
majority  of  the  council,)  I  could  do  nothing  but 
surrender  it.  It  is  proper  to  say  that  the  differ 
ence  of  opinion  between  General  Floyd,  General 
Buckner,  and  myself,  upon  this  branch  of  the 
subject,  consisted  in  this,  namely  :  They  thought 
it  would  cost  three  fourths  of  the  command  to 
cut  out.  I  did  not  think  the  loss  would  be  so 
great.  If  it  had  been  settled  that  the  sacrifice 
would  be  as  much  as  three  fourths,  I  should  have 
agreed  with  them  that  it  was  wrong  to  make  the 
attempt.  Again  :  I  believe  we  could  have  main 
tained  our  position  another  day,  and  have  saved 
the  army  by  getting  back  our  boats  and  setting 
our  command  across  the  river ;  but  inasmuch  as 
General  Buckner  was  of  opinion  that  he  could 
not  hold  his  command  more  than  half  an  hour, 
and  I  could  not  possibly  hold  my  own  position 
of  the  line,  I  had  no  alternative  but  to  submit 
to  the  decision  of  the  majority  of  my  brother 
general  officers.  While  I  thus  differed  with  them 
in  opinion,  I  still  think  I  did  right  in  acquiescing 
in  opinion  with  them.  We  all  agreed  in  opinion 
we  could  not  long  maintain  the  position  against 
such  overwhelming  numbers  of  fresh  troops. 
We  all  agreed  the  army  had  performed  prodigies 
of  valor,  and  that,  if  possible,  further  sacrifices 
should  be  avoided.  Men  will  differ  and  agree 
according  to  their  mental  organization.  I  cen 
sure  not  their  opinions,  nor  do  I  claim  merit  for 
my  own.  The  whole  matter  is  submitted  to  the 
judgment  of  the  government. 

Since  my  original  report  was  prepared,  I  have 
seen  and  read  the  official  accounts  of  General 
Grant  and  Commodore  Foote.  From  these  I 
learn  that  the  damage  done  the  enemy's  gun 
boats  on  the  thirteenth  was  greater  by  far  than 
wu.s  represented  by  ine  in  my  original  report. 


Four  of  the  enemy's  gunboats  were  badly  dis 
abled,  receiving  over  one  hundred  shells  from 
our  battery,  many  of  which  went  entirely  through 
from  stem  to  stern,  tearing  the  frame  of  the 
boats  and  machinery  to  pieces,  and  killing  and 
wounding  fifty-five  of  their  crews.  Among  them 
was  the  Commander  himself.  There  can,  there 
fore,  be  no  longer  any  doubt  of  the  vulnerability 
of  these  heavy  shots  ;  but  it  required  a  desper 
ate  fight  to  settle  the  question,  and  there  is  dan 
ger  that  the  public  mind  will  run  from  one  ex 
treme  to  the  other,  and  arrive  at  a  conclusion 
undervaluing  the  power  of  the  enemy's  gun 
boats.  In  estimating  the  loss  inflicted  upon  tho 
enemy  on  the  fifteenth  February,  I  saw  that  the 
whole  field  of  battle  for  a  mile  and  a  half  was 
covered  with  his  dead  and  wounded,  and  believe 
his  loss  could  not  fall  short  of  five  thousand 
men. 

I  am  satisfied  from  published  letters  from  offi 
cers  and  men  of  the  enemy,  and  from  the  ac 
knowledgments  of  the  Northern  press,  that  his 
loss  was  much  greater  than  originally  estimated 
in  my  report.  I  stated  in  my  original  report, 
that  after  we  had  driven  the  enemy  from  and 
captured  his  battery  on  the  Wynn's  ferry  road, 
and  were  pursuing  him  around  to  our  right,  and 
after  we  had  met  and  overcome  a  fresh  force  of 
the  enemy,  on  the  route  toward  his  gunboats,  I 
called  off  the  pursuit,  but  in  the  hurry  with 
which  that  report  was  prepared,  I  omitted  to 
state  my  reasons  for  so  doing.  I  knew  that  the 
enemy  had  twenty  gunboats  of  fresh  troops  at 
his  landing,  then  only  about  three  miles  distant ; 
I  knew  from  the  great  loss  my  command  had 
sustained  during  the  protracted  fight  of  over 
seven  hours,  my  command  was  in  no  condition 
to  meet  a  large  body  of  fresh  troops,  who,  I  had 
every  reason  to  believe,  were  then  rapidly  ap 
proaching  the  field.  General  Buckner's  com 
mand,  so  far  as  labor  was  concerned,  was  com 
paratively  fresh,  but  its  disorganization,  from 
being  repulsed  by  the  battery,  had  unfitted  it  to 
meet  and  fight  a  large  body  of  fresh  troops.  I 
therefore  called  off  the  pursuit,  explaining  my 
reasons  to  General  Floyd,  who  approved  the  or 
der.  This  explanation  is  now  given,  as  neces 
sary  to  a  proper  understanding  of  the  order. 
It  is  further  proper  to  say,  that  from  the 
moment  of  my  arrival  at  Donelson,  I  had  the 
whole  force  engaged  night  and  day  in  strength 
ening  my  position,  until  the  fight  commenced, 
and  when  the  fighting  ceased  at  night  it  was 
again  at  work.  I  did  not,  therefore,  and  could 
not,  get  a  single  morning  report  of  the  strength 
of  my  command. 

The  four  Virginia  regiments  did  not,  I  am  con 
fident,  exceed  three  hundred  and  fifty  each  for 
duty.  The  Texas  regiment  did  not  number 
three  hundred  men.  Several  Mississippi  regi 
ments  were  equally  reduced,  while  those  of  Col 
onels  Voorhies,  Abernethy,  and  Hughes,  (new 
regiments,)  were  almost  disbanded  by  measles, 
and  did  not  exceed  two  hundred  each  fit  for 
duty.  Colonel  Browden's  regiment  had  but  six 
ty  men,  and  it  was  by  my  order  placed  under 


418 


REBELLION  RECORD,  1862-63. 


Captain  Parker  to  work  artillery.  All  others 
were  greatly  reduced  by  wastage.  The  whole 
force,  therefore,  was  greatly  less  than  could  be 
supposed  from  the  number  of  nominal  regiments. 
Of  this  force,  General  Floyd,  under  his  agree 
ment  with  General  Buckner,  before  he  turned 
over  the  command,  drew  out  a  large  portion  of 
his  brigade  (how  many  I  do  not  know)  by  taking 
possession  of  the  steamer  Anderson,  which  ar 
rived  at  Dover  just  before  day,  and  setting  them 
across  the  river.  A  large  portion  of  the  cavalry 
under  orders  passed  out.  All  of  the  cavalry  was 
ordered  to  cut  out,  and  could  have  gone  out  but 
for  the  timidity  of  its  officers.  Several  thousand 
infantry  escaped  one  way  or  another,  many  of 
whom  are  now  at  this  place,  and  all  others  are 
ordered  here  as  a  rendezvous  for  reorganization. 
From  the  list  of  prisoners  published  in  Northern 
papers,  which  I  have  seen,  it  required  the  prison 
ers  of  six  regiments  to  make  nine  hundred  men. 
I  do  not  believe  the  number  of  prisoners  exceed 
ed  that  stated  by  the  Northern  papers,  which  is 
put  at  five  thousand  one  hundred  and  seventy 
privates. 

During  the  afternoon  of  the  fifteenth,  I  had 
caused  the  arms  lost  by  the  enemy  to  be  gather 
ed  up  from  about  half  the  field  of  battle,  and  had 
hauled  and  stacked  up  over  five  thousand  stand 
of  arms,  and  six  pieces  of  artillery,  all  of  which 
were  lost  in  the  surrender  of  the  place  for  want 
of  transportation  to  bring  them  away. 

In  regard  to  the  enemy's  force  with  which  we 
were  engaged  in  the  battle  of  Dover,  General 
Grant,  in  his  official  report,  says  that  he  had 
taken  about  fifteen  thousand  prisoners,  that 
Generals  Floyd  and  Pillow  had  escaped  with 
fifteen  thousand  men,  and  that  the  forces  engaged 
were  about  equal.  While  the  estimate  of  prison 
ers  taken,  and  the  number  with  which  General 
Floyd  escaped,  is  wide  of  the  mark,  yet  the 
aggregate  of  the  numbers  as  given  by  himself,  is 
thirty  thousand,  and  his  acknowledgments  that 
the  forces  were  about  equal,  furnishes  conclusive 
evidence  that  we  fought  thirty  thousand  men  ; 
the  same  number  given  by  prisoners  taken. 
And  agreeing  with  my  original  estimate  of  his 
strength,  General  Halleck,  in  a  telegraphic  dis 
patch  of  tenth  February  from  St.  Louis  to  Gen 
eral  McClellan,  said :  "  He  had  invested  Fort  Don- 
elson  with  a  force  of  fifty  thousand  men,  and  he 
had  no  doubt  all  communication  and  supplies 
were  cut  off."  This  corroborates  Grant's  state 
ments,  for  the  troops  which  arrived  on  the  four 
teenth  and  fifteenth  of  February,  being  twenty 
steamboat  loads,  had  not  reached  the  battle-field 
on  the  morning  of  the  fifteenth,  and  it  is  proba 
ble  that  parts  of  those  that  arrived  on  the  even 
ing  of  the  thirteenth  had  not  reached  it 

These  sources  make  it  clear,  we  fought  thirty 
thousand  of  the  enemy  on  the  fifteenth ;  and 
that  we  were  reinvested  that  night  with  all  the 
enemy's  disposable  force,  including  his  fresh 
troops,  cannot  be  doubted.  Nothing  has  occur 
red  to  change  my  original  estimate  of  our  loss  in 
the  several  conflicts  with  the  enemy,  at  the 
trenches,  with  the  gunboats,  and  in  the  battle 


of  Dover.  As  to  the  absence  still  of  regiment 
and  brigade  commanders,  it  is  possible  that  I 
have  not  done  justice  to  the  officers  in  my  com 
mands.  To  Brigadier-General  Johnson's  report 
which  is  herewith  forwarded,  I  particularly  refer 
for  the  conduct  of  officers  and  commands  under 
his  immediate  observation  during  the  battle. 
The  forces  under  my  immediate  command,  in  the 
conflict  with  the  enemy's  right,  did  not  exceed 
seven  thousand,  though  they  never  faltered,  and 
drove  the  enemy  from  his  position,  slowly  and 
steadily  advancing  over  one  and  a  half  miles,  car 
rying  the  positions  of  his  first  battery,  and  two 
of  his  guns,  and  of  a  battery  on  the  Wynn's 
ferry  road,  taking  four  more  guns,  and  after 
ward  uniting  with  General  Buckner's  command, 
drove  the  enemy  back,  sustained  by  a  number 
of  fresh  troops. 

Yet  it  is  manifest  that  the  fruits  of  our  victory 
would  have  been  far  greater,  had  General  Buck 
ner's  column  been  successful  in  its  assault  upon 
the  Wynn's  ferry  road  battery.  Equally  clear 
is  it,  that  the  enemy,  effecting  a  lodgment  in 
General  Buckner's  rifle-pits,  on  his  right,  brought 
the  command  into  extreme  peril,  making  it  abso 
lutely  necessary  to  take  immediate  action,  in 
which  we  were  under  the  necessity  of  cutting 
our  way  out,  or  holding  out  another  day  and 
throwing  the  command  across  the  river,  or  of 
capitulation.  My  own  position  upon  these  sev 
eral  propositions  having  been  explained  more 
fully  and  in  detail  in  this,  my  supplementary  re 
port,  nothing  more  remains  in  the  performance 
of  my  duty  to  the  government,  but  to  subscribe 
myself,  Very  respectfully, 

Your  obedient  servant, 

GID.  J.  PILLOW, 

Brig.-Gen.  C.  S.  A. 

NOTE. — That  there  may  be  no  doubt  of  tho 
facts  stated  in  this  report,  I  append  the  sworn 
testimony  of  Colonel  Burch,  Colonel  Forrest, 
Majors  Henry  and  Haynes  and  Nicholson,  to 
which  I  ask  the  attention  of  the  government. 
GID.  J.  PILLOW, 

Brig.-Gen.  C.  S.  A. 

NOTE. — My  original  estimate  was,  that  our  loss 
in  killed  and  wounded  was  from  one  thousand  five 
hundred  to  two  thousand.  We  sent  up  from  Dover, 
one  thousand  one  hundred  and  thirty-four  wound 
ed.  A  Federal  surgeon's  certificate,  which  I  have 
seen,  says  that  there  were  about  four  hundred 
confederate  prisoners  wounded  in  hospital  at 
Paducah,  making  one  thousand  five  hundred  and 
thirty-four  wounded.  I  was  satisfied  the  killed 
would  increase  the  number  to  two  thousand. 

COLONEL  BURCH'S  STATEMENT. 

DECATCR,  ALA.,  March  15,  1862. 

ON  Saturday  evening,  February  fifteenth,  all 
of  the  boats  which  we  had  atDonelson  were  sent 
up  the  river  with  our  sick,  wounded,  and  prison 
ers.  After  supper,  a  council  of  officers  was  held 
at  Brigadier-General  Pillow's  headquarters.  I 
was  not  present  at  this  council,  but  during  its 
session,  being  in  an  adjoining  room,  I  learned 
from  some  officer  that  intelligence  had  been  re- 


DOCUMENTS. 


419 


ceived  from  scouts  on  the  east  side  of  the  rive 
that  fourteen  of  the  enemy's  transports  wer 
landing  reenforcementb  one  and  a  half  or  tw 
miles  below  us,  at  their  usual  place  of  landing 
After  I  had  learned  this,  and  during  the  sessio 
of  the  same  council,  two  couriers  came  to  Brig 
adier-General  Buckner — one,  and  perhaps  both 
sent  by  Captain  Graves  of  the  artillery ;  on 
stating  that  a  large  force  was  forming  in  front  o 
our  right  (General  Buckner' s)  wing ;  the  secom 
stating  that  large  bodies  of  the  enemy  were  seen 
moving  in  front  of  our  right,  around  toward  ou 
left.  After  the  adjournment  of  this  council 
about  eleven  or  twelve  o'clock,  I  learned  that  i 
had  been  determined  to  evacuate  the  post,  cu 
our  way  through  the  right  wing  of  the  enemy'i 
investing  force,  and  make  our  way  toward  Char 
lotte,  in  Dixon  County. 

Orders  were  given  for  the  command  to  be  in 
readiness  to  march  at  four  o'clock   A.M.     After 
this,    being   in    General    Pillow's    private   room 
where  Generals  Floyd,  Pillow,  and  Buckner  al 
were,  two  scouts  came  in,  stating  that  the  ene 
my's  camp-fires  could  be  seen  at  the  same  places 
in  front  of  our  left  that  they  had  occupied  Fri 
day.     From  the  remarks  of  the  Generals,  this  in 
formation  seemed  to  be  confirmatory  of  informa 
tion  which  they  had  previously  received.     Major 
Rice,  an  intelligent  citizen  of  Dover,  was  called 
in  and  interrogated  as  to  the  character  of  the 
road  to  Charlotte.     His  account  of  it  was  decid 
edly  unfavorable.     In  the  course  of  the  conversa 
tion  which  then  followed  among  the  Generals — 
General  Pillow  insisting  upon  carrying  out  the 
previous  determination  of  the  council  to  cut  our 
way  out — Brigadier-General  Buckner   said  that 
such  was  the  exhausted  condition  of  the  men, 
that,  if  they  should  succeed  in  cutting  their  way 
out,  it  would  be  at  a  heavy  sacrifice,  and,  if  pur 
sued  by  the  large  cavalry  force  of  the  enemy, 
they  would   be  almost  entirely  cut  to   pieces. 
General  Floyd  concurred  with  General  Buckner. 
General  Pillow  said :   "  Then  we  can  fight  them 
another  day  in  our  trenches,  and  by  to-morrow 
we  can  have  boats  enough  here  to  transport  our 
troops  across  the  river,  and  let  them  make  their 
escape  to  Clarksville.     General  Buckner  said — 
That  such  was  the  position  of  the  enemy  on  his 
right,  and  the  demoralization  of  his  forces,  from 
exposure  and  exhaustion,  that  he  could  not  hold 
his  trenches  a  half  an  hour.     As  an  illustration 
of  the  correctness  of  his  remark,  he  said :   "  You, 
gentlemen,  know  that  yesterday  morning  I  con 
sidered   the   Second  Kentucky  (Hanson's   regi 
ment)  as  good  a  regiment  as  there  was  in  the 
service,  yet  such  was  their  condition  yesterday 
afternoon  that,  when  I  learned  the  enemy  was  in 
their  trenches,  (which  were  to  our  extreme  right, 
and  detached  from  the  others,)  before  I  could 
rally  and  form  them,  I  had  to  take  at  least  twenty 
men  by  the  shoulders,  and  put  them  into  line 
as   a   nucleus    for    formation."     General   Floyd 
concurred  with  General  Buckner  in  his  opinion 
as  to  the  impossibility  of  holding  the  trenches 
longer,  and  asked :  "  What  shall  we  do  ?"     Gen 
eral  Buckner  stated  that  no  officer  had  a  right  to 


sacrifice  his  men,  referred  to  our  various  success- 
es  since  Wednesday,  at  Donelson,  and  concluded 
by  saying  that  an  officer  who  had  successfully- 
resisted  an  assault  of  a  much  larger  force,  and 
was  still  surrounded  by  an  increased  force,  could 
surrender  with  honor ;  and  that  we  had  accom 
plished  much  more  than  was  required  by  this 
rule.  General  Pillow  said  that  he  never  would 
surrender.  General  Floyd  said  that  he  would 
suffer  any  fate  before  he  would  surrender,  or  fall 
into  the  hands  of  the  enemy  alive.  At  the  sug 
gestion  of  some  one  present,  he  said  that  person 
al  considerations  influenced  him  in  coming  to 
this  determination,  and  further  stated  that  such 
considerations  should  never  govern  a  general 
officer. 

Colonel  Forrest,  of  the  cavalry,  who  was  pre 
sent,  said  he  would  die  before  he  would  surren 
der  ;  that  such  of  his  men  as  would  follow  him, 
tie  would  take  out.  General  Floyd  said  he  would 
take  his  chances  with  Forrest,  and  asked  General 
Buckner  if  he  would  make  the  surrender  ?  Gen 
eral  Buckner  asked  him  if  he  (General  Floyd) 
would  pass  the  command  to  him  ?  General 
Floyd  replied  in  the  affirmative.  I  understood 
Greneral  Pillow  as  doing  the  same.  "Then," 
said  General  Buckner,  "  I  shall  propose  terms  of 
capitulation,"  and  asked  for  ink  and  paper,  and 
directed  one  of  his  staff  to  send  for  a  bugler,  and 
repare  white  flags  to  plant  at  various  points  on 
ur  works.  Preparations  were  immediately  be 
gun  to  be  made  by  General  Floyd  and  staff,  Gen- 
ral  Pillow  and  staff,  and  Colonel  Forrest,  to 
eave.  This  was  about  three  o'clock  A.M.  It 
was  suggested  by  some  one  that  two  boats  that 
were  known  to  be  coming  down  the  river  might 
rrive  before  day,  and  General  Floyd  asked,  if 
hey  came,  that  he  might  be  permitted  to  take 
iff  on  them  his  troops.  General  Buckner  replied 
hat  all  might  leave  who  could  before  his  note 
was  sent  to  General  Grant,  the  Federal  com 
mander.  Thus  ended  the  conference. 

After  this  I  met  or  called  on  General  Pillow  in 
he  passage,  and  asked  him  if  there  was  any  pos- 
ibility  of  a  misunderstanding  as  to  his  position  ? 
le  thought  not ;  but  I  suggested  to  him  the  pro- 
riety  of  again  seeing  Generals  Floyd  and  Buck- 
er,  and  see  that  there  was  no  possibility  of  his 
osition  being  misunderstood  by  them.  He  said 
e  would,  and  returned  to  the  room  in  which  the 
onference  was  held. 

In  my  statement  of  what  transpired,  and  of 

e  conversations  that  were  had,  I  do  not  pretend 

o  have  given  the  exact  language  used,  and  I  may 

e  mistaken  as  to  the  order  of  the  remarks  that 

have  endeavored  to  narrate. 

JOHN  C.  BURCH, 

Aid  to  General  Pillow. 

Sworn  to  and  subscribed  before  me  this  fif- 
eenth  day  of  March,  1862. 

LEVI  SCGANS, 

I  n  ten  dan  t  of  the  town  of  Decatur,  Ala.,  and  ex-ofScio  J.  P« 

COLONEL  FORREST'S   REPORT. 

March  15, 18W. 

Between  one  and  two  o'clock  on  Sunday  morn-1 
ig,  February  sixteenth,  being  sent  for,  I  arrive^ 


420 


REBELLION   RECORD,  1862-63. 


at  General  Pillow's  headquarters,  and  found  him, 
General  Floyd,  and  General  Buckner  in  conver 
sation.  General  Pillow  told  me  that  they  had 
received  information  that  the  enemy  were  again 
occupying  the  same  ground  they  had  occupied 
the  morning  hefore.  I  told  him  I  did  not  believe 
it,  as  I  had  left  that  part  of  the  field,  on  our  left, 
late  the  evening  before.  He  told  me  he  had  sent 
out  scouts,  who  reported  large  forces  of  the  ene 
my  moving  around  to  our  left.  He  instructed 
me  to  go  immediately,  and  send  two  reliable  men 
to  ascertain  the  condition  of  a  road  running  near 
the  river-bank,  and  between  the  enemy's  right 
and  the  river,  and  also  to  ascertain  the  position 
of  the  enemy.  I  obeyed  his  instructions,  and 
awaited  the  return  of  the  scouts.  They  stated 
that  they  saw  no  enemy,  but  could  see  their  fires 
in  the  same  place  where  they  were  Friday  night ; 
that  from  their  examination,  and  from  informa 
tion  obtained  from  a  citizen  living  on  the  road, 
the  water  was  about  to  the  saddle-skirts,  and  the 
mud  about  half-leg  deep  in  the  bottom  where  it 
had  been  overflowed.  The  bottom  was  about  a 
quarter  of  a  mile  wide,  and  the  water  then  about 
one  hundred  yards  wide.  During  the  conversa 
tion  that  then  ensued  among  the  general  officers, 
General  Pillow  was  in  favor  of  trying  to  cut  our 
way  out.  General  Buckner  said  that  he  could 
not  hold  his  position  over  half  an  hour  in  the 
morning,  and  that  if  he  attempted  to  take  his 
force  out,  it  would  be  seen  by  the  enemy,  who 
held  part  of  his  intrenchments,  and  be  followed 
and  cut  to  pieces.  I  told  him  that  I  would  take 
my  cavalry  around  them,  and  he  could  draw  out 
under  cover  of  them.  He  said  that  an  attempt 
to  cut  our  way  out  would  involve  a  loss  of  three 
fourths  of  the  men.  General  Floyd  said  our 
force  was  so  demoralized  as  to  cause  him  to  agree 
with  General  Buckner  as  to  our  probable  loss  in 
attempting  to  cut  our  way  out.  I  said  that  I 
would  agree  to  cut  my  way  through  the  enemy's 
lines  at  any  point  the  General  might  designate ; 
and  stated  I  could  keep  back  their  cavalry,  which 
General  Buckner  thought  would  greatly  harass 
our  infantry  in  retreat.  General  Buckner  or 
General  Floyd  said  that  they  (the  enemy)  would 
bring  their  artillery  to  bear  on  us.  I  went  out 
of  the  room,  and  when  I  returned  General  Floyd 
said  he  could  not  and  would  not  surrender  him 
self.  I  then  asked  if  they  were  going  to  surren 
der  the  command  ?  General  Buckner  remarked 
that  they  were.  I  then  stated  that  I  had  not 
come  out  for  the  purpose  of  surrendering  my 
command,  and  would  not  do  it  if  they  would  fol 
low  me  out ;  that  I  intended  to  go  out  if  I  saved 
but  one  man ;  and  then  turning  to  General  Pil 
low,  I  asked  him  what  I  should  do  ?  He  re 
plied  :  "Cut  your  way  out."  I  immediately  left 
the  house  and  sent  for  all  the  officers  under  my 
command,  and  stated  to  them  the  facts  that  had 
occurred,  and  stated  my  determination  to  leave, 
and  remarked  that  all  who  wanted  to  go  could 
follow  me.  and  those  who  wished  to  stay  and 
.take  tne  consequences  might  remain  in  camp. 
'All  of  my  own  regiment,  and  Captain  Williams, 
of  Helm's  Kentucky  regiment,  said  they  would 


go  with  me  if  the  last  man  fell.  Colonel  Gante 
was  sent  for  and  urged  to  get  out  his  battalion 
as  often  as  three  times,  but  he  and  two  Kentucky 
companies  (Captain  Wilcox  and  Captain  Henry) 
refused  to  come.  I  marched  out  the  remainder 
of  my  command,  with  Captain  Porter's  artillery 
horses,  and  about  two  hundred  men,  of  different 
commands,  up  the  river -road  and  across  the  over 
flow,  which  I  found  to  be  about  saddle-skirt  deep. 
The  weather  was  intensely  cold,  a  great  many  of 
the  men  were  already  frost-bitten,  and  it  was  the 
opinion  of  the  generals  that  the  infantry  could 
not  have  passed  through  the  water  and  have  sur 
vived  it.  A.  B.  FORREST, 

Forrest's  Regiment  Cavalry. 

Sworn  to  and  subscribed  before  me  on  the  fif 
teenth  day  of  March,  1862.  LEVI  SUGANS, 

Intendant  of  town  of  Decatur,  Ala.,  and  ex-officio  J.  P. 

MAJOR  HENRY'S  STATEMENT. 

DECATUR,  ALA.,  March  13,  1862. 

On  the  morning  of  the  sixteenth  February, 
1862,  I  was  present  during  the  council  of  war 
held  in  Brigadier-General  Pillow's  headquarters 
at  Dover,  Tennessee,  Generals  Floyd,  Pillow, 
Buckner,  and  General  Pillow's  staff  being  pre 
sent.  On  account  of  being  very  much  exhausted 
from  the  fight  of  the  fifteenth  instant,  I  slept  the 
fore-part  of  the  night,  and  came  down-stairs  from 
my  room  into  General  Pillow's  about  one  or  two 
o'clock.  At  the  time  I  entered  General  Pillow's 
room,  it  had  been  decided  that  we  should  fight 
our  way  out,  and  General  Pillow  gave  me  orders 
to  gather  up  all  the  papers  and  books  belonging 
to  my  department.  Whereupon  I  immediately 
executed  the  orders  given  to  me,  and  then  re 
turned  to  General  Pillow's  room,  when  a  change 
of  operations  had  been  decided  upon,  on  account 
of  information  received  from  scouts  ordered  out 
by  General  Pillow  to  ascertain  whether  the  ene 
my  reoccupied  the  ground  they  were  driven  from 
the  day  previous.  The  scouts  returned  and  re 
ported  that  the  enemy  had  swung  entirely  around 
and  were  in  possession  of  the  very  same  ground. 
General  Pillow  being  still  in  doubt,  sent  a  second 
party  of  scouts,  who  made  a  thorough  reconnois- 
sance,  and  reported  that  the  woods  were  perfect 
ly  alive  with  troops,  and  that  their  camp-fires 
were  burning  in  every  direction.  General  Pillow 
then  sent  a  party  of  cavalry  to  inspect  a  slough 
that  was  filled  with  backwater  from  the  river,  to 
see  if  infantry  could  pass.  They  returned  after 
having  made  a  thorough  examination  on  horse 
back  and  on  foot,  and  reported  that  infantry 
could  not  pass,  but  they  thought  cavalry  tould. 
Communication  being  thus  cut  off,  General.  Pil 
low  urged  the  propriety  of  making  a  desperate 
attempt  to  cut  our  way  out,  whatever  might  be 
the  consequences,  or  make  a  fight  in  the  work 
and  hold  our  position  one  more  day,  by  which 
time  we  could  get  steamboats  sufficient  to  put 
the  whole  command  over  the  river,  and  make 
our  escape  by  the  way  of  Clarksville.  General 
Buckner  then  said  :  ''  That  in  consequence  of  the 
worn-out  condition  and  demoralization  of  the 
troops  under  his  command,  and  the  occupation 


DOCUMENTS. 


421 


of  his  rifle-pits  on  the  extreme  right  by  the  ene 
my,  that  he  could  not  hold  his  position  a  half- 
hour   after   being   attacked,    which   he   though! 
would   begin   about   daylight.      General   Pillow 
then  said  :  That  by  the  enemy's  occupation  of  the 
rifle-pits  on  General  Buckner's  right,  that  it  was 
an  open  gateway  to  our  river-battery,  and  that 
he  thought  we  ought  to  cut  our  way  through, 
carrying  with  us  as  many  as  possible,  leaving  the 
killed  and  wounded  on  the  field.     General  Buck- 
ner  then  said  that  it  would  cost  three  fourths  of 
the  command  to  get  the  other  fourth  out,  and 
that  he  did  not  think  any  general  had  the  right 
to  make  such  a  sacrifice  of  human  life.     General 
Floyd   agreed   with    General    Buckner   on   this 
point.     General  Pillow  then  rose  up  and  said, 
"  Gentlemen,  as  you  refuse  to  make  an  attempt 
to  cut  our  way  out,  and  General  Buckner  says 
he  will  not  be  able  to  hold  his  position  a  half- 
hour  after  being  attacked,  there  is  only  one  alter 
native  left ;  that  is,  capitulation,"  and  then  and 
there  remarked  that  he  would  not  surrender  the 
command   or   himself,  that   he  would  die  first. 
General  Floyd  then  spoke  out  and  said,  that  he 
would  not  surrender  the  command  or  himself. 
General  Buckner  remarked  that,  if  placed  in  com 
mand,   he  would   surrender   the  command  and 
share  its  fate.     General  Floyd  then  said  :   "  Gen 
eral  Buckner,  if  I  place  you  in  command,  will 
you  allow  me  to  get  out  as  much  of  my  brigade 
as  I  can  V"     General  Buckner  replied  :   "  I  will, 
provided  you  do  so  before  the  enemy  receives 
my  proposition  for  capitulation."     General  Floyd 
then  turned  to  General  Pillow,  and  said  :  "  I  turn 
the  command  over,  sir."     General  Pillow  replied 
promptly  :   "  I  pass  it."     General  Buckner  said  : 
"  I  assume  it ;  give  me  pen,  ink,  and  paper,  and 
send  for  a  bugler."     General  Pillow  then  started 
out  of  the  room  to  make  arrangements  for  his  es 
cape,  when  Colonel  Forrest  said  to  him  :   "  Gene 
ral  Pillow,  what  shall  I  do  ?"     General  Pillow  re 
plied  :   "  Cut  your  way  out,  sir."      Forrest  said, 
"I  will  do  it,"  and  left  the  room. 

Gus.  A.  HENRY,  Jr., 

Assistant  Adjutant-General. 

To  Brigadier- General  PILLOW. 

THE  STATE  OF  ALABAMA,  MORGAN  COUNTY. 

This  day  personally  came  before  me,  Levi  Su- 
gans,  Intendant  of  the  town  of  Decatur,  County 
and  State  aforesaid,  Major  Gus.  A.  Henry,  Jr., 
who  makes  oath  in  due  form  of  law,  that  the 
above  statements  are  true.  Sworn  to  and  sub 
scribed  before  me  on  the  fourteenth  day  of  March, 
1862. 

Gus.  A.  HENRY,  JR., 

Assistant  Adjt-Gen. 

LEVI  SUGANS, 

Intendant. 
MAJOR  HAYNES'S  STATEMENT. 

OFFICE  DIVISION  COMMISSARY,  ) 

DECATUR,  ALA.,  March  13,  1862.  j 

I  was  present  at  the  council  of  officers,  held 
at  Brigadier- General  Gideon  J.  Pillow's  head 
quarters,  in  the  town  of  Dover,  Tennessee,  on 
the  morning  of  the  sixteenth  February,  1862. 
Was  awoke  in  my  quarters  at  one  o'clock  A.M., 


by  Colonel  John  C.  Burch,  Aid-de-Camp,  and  or 
dered  to  report  to  General  Pillow  forthwith.  I 
instantly  proceeded  to  headquarters,  where  I 
saw  Brigadier-Generals  Floyd,  Pillow,  and  Buck 
ner,  Colonel  Forrest,  Major  Henry,  Assistant 
Adjutant-Generals  Gilmer  and  Jones,  and  Lieu 
tenants  Nicholson  and  Martin,  the  two  latter  vol 
unteer  aids  to  General  Pillow.  On  my  entrance 
in  the  room,  was  accosted  by  General  Pillow,  an-' 
being  taken  to  one  side,  was  informed  by  him  that 
they  had  determined  to  cut  their  way  through 
the  enemy's  lines,  and  retreat  from  Dover  to 
Nashville,  and  he  desired  me  to  destroy  all  the 
commissary  stores,  and  then  make  my  escape 
across  the  river.  I  desired  to  know  at  what  hour 
General  Pillow  wished  his  order  to  be  executed, 
when,  looking  at  his  watch,  he  replied  at  half- 
past  five  o'clock.  I  then  retired  from  the  room 
to  inform  my  assistants  of  the  order,  but  in  one 
hour,  returned  to  headquarters. 

On  reentering  the  room,  heard  General  Buck 
ner  say,  "  I  cannot  hold  my  position  half  an  hour 
after  the  attack,"  and  General  Pillow,  who  was 
sitting  next  to  General  Buckner,  and  immediately 
fronting  the  fire-place,  promptly  asked,  "  Why 
can't  you?"  at  the  same  time  adding:  "I  think 
you  can  hold  your  position ;  I  think  you  can, 
sir."  General  Buckner  retorted:  "I  know  my 
position ;  I  can  only  bring  to  bear  against  the 
enemy  about  four  thousand  men,  while  he  can 
oppose  me  with  any  given  number."  General 
Pillow  then  said :  "  Well,  gentlemen,  what  do 
you  intend  to  do  ?  I  am  in  favor  of  fighting  out." 
jeneral  Floyd  then  spoke,  and  asked  General 
Buckner  what  he  had  to  say,  and  General  Buck- 
ler  answered  quickly,  that  the  attempt  to  cut 
a  way  through  the  enemy's  lines  and  retreat 
would  cost  a  sacrifice  of  three  fourths  of  the 
command,  and  no  commander  had  a  right  to 
make  such  a  sacrifice.  General  Floyd  concur 
ring,  remarked,  "  We  will  have  to  capitulate ;  but, 
;entlemen,  I  cannot  surrender;  you  know  my 
position  with  the  Federals;  it  wouldn't,  do,  it 
wouldn't  do;"  whereupon  General  Pillow,  ad 
dressing  General  Floyd,  said :  u  I  will  not  sur 
render  myself  nor  the  command  ;  will  die  first" 
'Then,  I  suppose,  gentlemen,"  said  General 
Buckner:  " the  surrender  will  devolve  upon  me  ?" 
General  Floyd  replied,  speaking  to  General  Buck 
ner  :  "  General,  if  you  are  put  in  command,  will 
7011  allow  me  to  take  out  by  the  river  my  bri 
gade?"  "Yes,  sir,"  responded  General  Buck 
ner,  "  if  you  move  your  command  before  the  ene 
my  act  upon  my  communication  offering  to  capi- 
iulate."  "Then,  sir,"  said  General  Floyd,  "I 
surrender  the  command;"  and  General  Pillow, 
who  was  next  in  command,  very  quickly  ex- 
laimed,  "  I  will  not  accept  it ;  I  will  never  sur 
render;"  and  while  speaking,  turned  to  General 
Buckner,  who  remarked,  "  I  will  accept  and  share 
he  fate  of  my  command,"  and  called  for  pen, 
nk,  paper,  and  bugler. 

After  the  capitulation  was  determined  upon, 

General  Pillow  wished  to  know  if  it  would  bo 

roper  for  him  to  make  his  escape,  when  General 

Floyd  replied  that  the  question  was  one  for  every 


422 


REBELLION   RECORD,  1862-63. 


man  to  decide  for  himself,  but  he  would  be  glad 
for  every  one  to  escape  that  could.  "  Then,  sir, 
I  shall  leave  here,"  replied  General  Pillow.  Col 
onel  Forrest,  who  was  in  the  room,  and  heard 
what  passed,  then  spoke,  "I  think  there  is  more 
fight  in  these  men  than  you  all  suppose,  and  if 
you  will  let  me,  I  will  take  my  command ;"  Gen 
eral  Pillow  responding  to  him :  u  Yes,  sir,  take 
out  your  command ;  cut  your  way  out."  Gen 
erals  Floyd  and  Buckner  assented ;  General 
Floyd,  by  saying,  "  Yes,  take  out  your  com 
mand,"  and  General  Buckner,  by  expressing,  "I 
have  no  objection."  The  means  of  getting  away 
was  then  discussed,  and  soon  thereafter  we  be 
gan  to  disperse. 

While  the  gentlemen  were  leaving  the  room, 
I  approached  General  Buckner,  and  wished  to 
know  if  General  Pillow's  order,  to  destroy  the 
commissary  stores,  should  be  carried  out,  and 
he  answered:  "Major  Haynes,  I  countermand  the 
order."  It  may  be  proper  for  me  to  say  that  I 
never  met  General  Pillow  before  the  morning  of 
the  ninth  February,  1862,  having  been  upon 
Brigadier-General  Charles  Clark's  staff  since  my 
entrance  into  the  service,  and  only  wrent  to  Don- 
el  son  with  General  Pillow  to  take  temporary 
charge  of  the  commissariat.  General  Pillow  as 
signed  me  to  duty  on  his  staff  after  arriving  at 
Donelson,  on  the  tenth  February,  1862. 

W.  H.   HAYNES, 

Major  and  Brigade  Commissary. 
i 

STATE  OF  ALABAMA,  MORGAN  COUNTY,     ss. 

Personally  appeared  before  me,  Levi  Sugans, 
Intendant  of  the  town  of  Decatur,  and  ex  officio 
Justice  of  the  Peace,  Major  W.  H.  Haynes,  who 
makes  oath  that  the  statements  herein  made,  re 
lating  to  what  was  said  in  the  council  of  officers, 
on  the  morning  of  the  sixteenth  February,  1862, 
are  true. 

Sworn  to  and  subscribed  before  me  this  four 
teenth  March,  1862. 

W.  H.  HAYNES, 

Major  and  Brigade  Commissary. 

LEVI  SUGANS, 

Intendant. 
HUNTER  NICHOLSON'S  STATEMENT. 

I  was  present  at  the  council  of  war,  held  at 
Brigadier-General  Pillow's  headquarters  in  Do 
ver,  on  Saturday  night,  February  fifteenth,  1862. 
I  came  into  the  room  about  two  o'clock.  There 
were  present,  Generals  Floyd,  Pillow,  and  Buck 
ner,  Major  Gilmer,  Colonel  Forrest,  and  several 
staff-officers,  among  whom  I  distinctly  remember 
Major  Henry  and  Colonel  Burch,  of  General  Pil 
low's  staff. 

The  Generals  were  discussing  the  necessity  and 
practicability  of  marching  the  forces  out  of  the 
intrenchments  and  evacuating  the  place.  Major 
Rice,  a  resident  of  Dover,  and  an  Aid-de-Camp 
of  General  Pillow,  was  describing  the  nature  of 
the  country  and  character  of  the  roads  over  which 
the  army  would  have  to  pass.  He  referred  to 
some  citizen,  I  think  a  doctor,  but  do  not  remem 
ber  his  name,  whom  he  represented  as  more  famil 
iar  with  the  roads.  In  a  little  while,  or  perhaps 


during  the  conversation  of  Major  Rice,  the  gen. 
tleman  referred  to  was  announced.  He  gave  a 
description  of  the  roads,  which,  from  my  ignor 
ance  of  the  locality,  I  am  unable  to  repeat.  The 
substance  was,  however,  that  though  exceeding 
ly  difficult,  it  was  possible  to  pass  the  road  with 
light  baggage  trains.  General  Pillow  asked  most 
of  the  questions  propounded  to  this  gentleman, 
as  also  of  those  to  Major  Rice.  At  this  point  I 
was  called  into  an  adjoining  room,  where  I  re 
mained  but  a  few  minutes.  When  I  returned, 
Major  Jones,  Brigade  Quartermaster,  was  just 
entering  the  room.  General  Pillow  at  once  ap 
proached  him,  and  taking  him  a  little  one  side, 
explained  to  him  that  it  had  been  determined  to 
evacuate  the  place,,  and  that  he  must  prepare  to 
burn  the  quartermaster's  stores  in  his  hands. 
Major  Jones  inquired  at  what  time.  General 
Pillow  replied  about  daybreak,  about  half-past 
five  o'clock.  Major  Jones  left  very  soon,  and  [ 
did  not  see  him  in  the  room  afterward,  that  I 
recollect.  In  a  few  minutes  Major  Haynes,  Bri 
gade  Commissary,  entered  the  room,  and  received 
similar  instructions  as  to  the  commissary  stores 
under  his  charge.  About  this  time  a  scout  was 
ushered  in,  who  announced  that  the  enemy  had 
reoccupied  the  lines  from  which  they  had  been 
driven  during  the  fight  on  Saturday.  General 
Pillow  doubted  if  the  scout  was  not  mistaken  ; 
so  another  was  sent  out.  About  half  an  hour 
had  elapsed  when  Major  Haynes  returned  and 
remained  near  me  in  the  room  during  the  remain 
der  of  the  discussion.  Just  as  he  entered,  Gen 
eral  Buckner  remarked :  "  I  am  confident  that 
the  enemy  will  attack  my  lines  by  daylight,  and 
I  cannot  hold  them  for  half  an  hour."  General 
Pillow  replied  quickly :  "  Why  so,  why  so,  Gen 
eral  ?"  General  Buckner  replied  :  "  Because  I 
can  bring  into  action  not  over  four  thousand 
men,  and  they  demoralized  by  long  and  uninter 
rupted  exposure  and  fighting,  while  he  can  bring 
any  number  of  fresh  troops  to  the  attack."  Gen 
eral  Pillow  replied:  "I  differ  with  you;  I  think 
you  can  hold  your  lines  ;  I  think  you  can,  sir." 
General  Buckner  replied :  u  I  know  my  position, 
and  I  know  that  the  lines  cannot  be  held  with 
my  troops  in  their  present  condition."  General 
Floyd  it  was,  I  think,  who  then  remarked : 
"Then,  gentlemen,  a  capitulation  is  all  that  is 
left  us."  To  which  General  Pillow  replied :  "  I 
do  not  think  so ;  at  any  rate  we  can  cut  our  way 
out."  General  Buckner  replied:  "To  cut  our 
way  out  would  cost  three  fourths  of  our  men, 
and  I  do  not  think  any  commander  has  a  right 
to  sacrifice  three  fourths  of  his  command  to  save 
one  fourth."  To  which  General  Floyd  replied: 
"  Certainly  not." 

About  this  time  the  second  scout  sent  out  re 
turned,  and  reported  the  enemy  in  force  occupying 
the  position  from  which  they  had  been  driven. 
Thereupon  two  of  Colonel  Forrest's  cavalry  were 
sent  to  examine  the  backwater,  and  report  if  it 
could  be  crossed  by  the  army.  These  scouts  re 
turned  in  a  short  time,  and  reported  that  cavalry 
could  pass,  but  infantry  could  not. 

General  Buckner  then  asked :   "  Well,  gentle- 


DOCUMENTS. 


423 


men,  what  are  we  to  do  ?"  General  Pillow  replied  : 
"  You  understand  me,  gentlemen,  I  am  for  hold 
ing  out,  at  least  to-day,  getting  boats,  and  cross 
ing  the  command  over.  As  for  myself,  I  will 
never  surrender  ;  I  will  die  first."  General  Floyd 
replied :  "  Nor  will  I.  I  cannot  and  will  not  sur 
render  ;  but  I  must  confess  personal  reasons  con 
trol  me."  General  Buckner  replied:  "But  such 
considerations  should  not  control  a  general's 
actions."  General  Floyd  replied :  "  Certainly 
not ;  nor  would  I  permit  it  to  cause  me  to  sacri 
fice  the  command."  General  Buckner  replied: 
"Then,  I  suppose,  the  duty  of  surrendering  the 
command  will  devolve  on  me."  General  Floyd 
asked :  "  How  will  you  proceed  ?"  General  Buck 
ner  replied:  "I  will  send  a  flag,  asking  for  Gene 
ral  Grant's  quarters,  that  I  may  send  a  message 
to  him.  I  will  propose  an  armistice  of  six  hours 
to  arrange  terms."  A  pause  here  ensued.  Then 
General  Buckner  asked :  "  Am  I  to  consider  the 
command  as  turned  over  to  me  ?"  General  Floyd 
replied:  "Certainly;  I  turn  over  the  command." 
General  Pillow  replied,  quickly :  "  I  pass  it ;  I 
will  not  surrender."  General  Buckner  then  called 
for  pen,  ink,  paper,  and  a  bugler.  General  Floyd 
then  said :  "  Well,  gentlemen,  will  I  be  permit 
ted  to  take  my  little  brigade  out  if  I  can  ?"  Gene 
ral  Buckner  replied :  "  Certainly,  if  you  can  get 
them  out  before  the  terms  of  capitulation  are 
agreed  on."  Colonel  Forrest  then  asked :  "  Gen 
tlemen,  have  I  leave  to  cut  my  way  out  with  my 
command  V"  General  Pillow  replied,  "  Yes,  sir ; 
cut  your  way  out;"  and  continuing,  "Gentlemen, 
is  there  any  thing  wrong  in  my  leaving  ?"  Gen 
eral  Floyd  replied:  "Every  man  must  judge  for 
himself  of  that."  General  Pillow  replied :  "  Then 
I  shall  leave  this  place."  Here  General  Pillow 
left  the  room ;  but  returning  in  a  short  time  and 
taking  a  seat  between  Generals  Floyd  and  Buck 
ner,  said  :  "  Gentlemen,  in  order  that  we  may 
understand  each  other,  let  me  state  what  is  my 
position.  I  differ  with  you  as  to  the  cost  of  cut 
ting  our  way  out ;  but  if  it  was  ascertained  that 
it  would  cost  three  fourths  of  the  command,  I 
agree  that  it  would  be  wrong  to  sacrifice  them  for 
the  remaining  fourth."  Generals  Floyd  and  Buck 
ner  replied :  "  We  understand  you,  General,  and 
you  understand  us." 

After  this  I  left  the  room,  and  soon  after,  the 
place.  HUNTER  NICHOLSON. 

Sworn  to  and  subscribed  before  me,  on  this 
eighteenth  day  of  March,  1862. 

LEVI  SUGANS, 

Intendant  of  the  town  of  Decatur,  Alabama,  and  ex-officio  J.  P. 

RESPONSE  OP  BRIGADIER-GENERAL  GIDEON  J.  PIL 
LOW  TO  THE  ORDER  OF  THE  SECRETARY  OF  WAR 
OF  MARCH  11,  1862. 

To  Captain  H.  P.  Brewster,  A.  A.  G.  : 

SIR  :  In  my  supplemental  report,  which  was 
forwarded  through  General  A.  S.  Johnston,  I 
have,  as  I  conceived,  substantially  answered  the 
points  as  indicated  in  the  order  of  the  Secretary 
of  War,  as  unsatisfactory  to  the  President.  But 
to  be  more  specific,  and  to  reply  directly  to  these 
points,  I  beg  to  say,  that : 

1.  General  Floyd  reached  Fort  Donelson  early 


in  the  morning  on  the  thirteenth  of  February, 
and  being  my  senior  officer,  assumed  the  com 
mand.  Up  to  that  time  we  had  no  need  of  addi 
tional  forces,  for  at  that  time  the  enemy  had  only 
about  twenty  thousand  troops,  and  we  had  a  force 
fully  sufficient  to  defend  the  place  against  that 
force,  and  I  did  not  nor  could  not  know  with 
what  force  they  meant  to  invest  us.  We  were 
attacked  by  that  force,  on  the  thirteenth,  around 
our  whole  line,  and  after  three  or  four  hours  of 
vigorous  assault,  we  repulsed  his  forces  every 
where. 

After  General  Floyd's  arrival,  being  second  in 
command,  I  could  not,  without  a  violation  of  mil 
itary  duty,  apply  for  reinforcements.  But  I  do 
not  seek  to  shelter  myself  from  responsibility  by 
this  consideration.  Though  the  enemy's  force 
greatly  exceeded  ours,  we  felt  we  could  hold  our 
position  against  him,  until  his  large  force  of  fresh 
troops  arrived  on  the  evenings  of  the  thirteenth, 
fourteenth,  and  fifteenth.  These  arrivals,  of  about 
thirty  thousand  troops,  made  it  manifest  that  we 
could  not  hold  the  position  long  against  such  over 
whelming  numbers,  particularly  as  they  were 
then  enabled  to  completely  invest  us,  and  cut  off 
our  communication  with  the  river. 

It  was  then  impossible  to  get  reinforcements 
from  Bowling  Green  or  elsewhere  in  time  to  re 
lieve  us.  It  required  three  days  by  railroad  and 
river  for  the  forces  which  did  come  to  us  to  get 
there,  owing  to  the  shortness  of  transportation. 

I  apprised  General  Johnston  of  the  arrival  of 
the  enemy's  large  reinforcements,  giving  him 
every  arrival.  But  I  had  just  come  from  Bowl 
ing  Green,  and  was  of  opinion  that  the  force  re 
served  for  that  position  was  inadequate  for  its 
defence  against  a  large  assaulting  force,  and  I 
knew  General  Johnston  could  not  give  me  any 
reinforcements  unless  he  abandoned  the  place,  a 
measure  which  I  did  not  consider  it  my  province 
to  suggest.  Knowing  this,  I  felt  it  my  duty  to 
make  the  best  possible  defence  with  the  forces  we 
had.  We  had  one  additional  regiment  or  battal 
ion  there,  which  General  Floyd  sent  to  Cumber 
land  City  to  protect  public  stores  that  had  been 
forwarded  to  that  city.  These  are  the  reasons 
why  no  application  was  made  for  reinforcements. 

2.  In  response  to  the  second  point  made  by  the 
Secretary's  order,  I  have  to  say  that  arrangements 
were  all  made,  orders  given  the  whole  command 
to  evacuate  the  work,  and  troops  were  under  arms 
to  march  out,  when  information  was  received  that 
we  were  reinvested.  Up  to  this  time  the  general 
officers  were  all  agreed  upon  the  line  of  action  ne 
cessary  and  proper  under  the  circumstances.  (See 
supplemental  report.)  It  was  as  to  the  necessity 
of  a  change  of  policy  in  the  new  state  of  the  case 
that  the  difference  of  opinion  arose  among  the 
general  officers.  I  was  for  cutting  our  way  out. 
Generals  Floyd  and  Buckner  thought  that  sur 
render  was  a  necessity  of  the  position  of  the  army. 

In  response  to  the  point  made  by  the  Secreta 
ry's  order,  that  it  was  not  satisfactorily  explained 
how  a  part  of  the  command  was  withdrawn  and 
the  balance  surrendered,  I  have  to  say : 

On  the  night  and  evening  of  the  fifteenth  of 


424 


REBELLION    RECORD,  1862-63. 


February,  after  the  battle,  in  expectation  of  evac 
uating  the  place  that  night,  General  Floyd  had 
sent  off  every  steamboat  that  we  had  with  the 
prisoners,  our  sick,  and  wounded.  As  matters 
turned  out  it  was  most  unfortunate,  but  I  do  not 
perceive  how  the  act  could  be  censured,  for  it  was 
a  measure  preparatory  to  evacuation,  and  no  one 
could  have  foreseen  the  course  of  events  which 
late  that  night  defeated  that  measure, 

The  act,  however,  was  that  of  my  senior  officer, 
and  I  was  not  even  consulted  about  its  propriety. 

When  we  ascertained,  between  three  and  four 
o'clock  that  night,  that  we  were  reinvested,  and 
the  question  of  our  position  became  one  of  vital 
interest  to  the  commanding  officers,  we  had  not 
a  single  boat,  neither  skiff,  yawl,  nor  even  float, 
or  other  ferry-boats.  There  was  no  means 
of  crossing  the  river.  The  river  was  full,  and 
the  weather  intensely  cold.  About  day-break 
the  steamer  General  Anderson,  and  one  other  lit 
tle  boat,  came  down ;  one  of  the  boats  had  on 
board  about  four  hundred  raw  troops.  I  had 
then  crossed  the  river  in  a  small  hand-flat,  about 
four  feet  wide  by  twelve  long,  which  Mr.  Rice,  a 
citizen  of  Dover,  (acting  as  my  volunteer  aid-de 
camp,)  had,  by  some  means,  brought  over  from 
the  opposite  side  of  the  river. 

Upon  the  arrival  of  these  steamers,  General 
Floyd,  acting,  I  presume,  under  agreement  be 
tween  him  and  General  Buckner,  before  the  com 
mand  was  turned  over,  crossed  over  to  the  oppo 
site  shore  as  many  of  his  troops  as  he  could,  un 
til  he  was  directed  by  General  Buckner' s  staff- 
officer  to  leave,  as  the  gunboats  of  the  enemy 
were  approaching.  This  information  was  given 
me  by  General  Floyd  at  Clarksville.  My  horses 
were  brought  across  the  river  on  one  of  the  boats 
that  brought  over  the  troops.  Myself  and  staff 
then  made  our  way  to  Clarksville  by  land.  These 
facts  explain  how  a  portion  of  the  command  were 
withdrawn  when  the  balance  could  not  be.  I, 
however,  had  no  kind  of  agency  in  it. 

3.  In  response  to  the  third  point  upon  which 
information  is  called  for  by  the  Secretary's  order, 
namely :  Upon  what  principle  the  senior  officers 
avoided  responsibility  by  transferring  the  com 
mand,  I  have  only  to  say  that  I  urged  from  first 
to  last  the  duty  of  cutting  through  the  enemy's 
lines  with  the  entire  command ;  I  was  not  sus 
tained,  but  was  alone  in  my  position  ;  and  with 
General  Buckner' s  avowal  that  his  troops  could 
not  make  another  fight,  and  without  the  assist 
ance  of  either  general  in  command,  and  in  an  en 
terprise  of  great  difficulty  and  peril,  I  could 
scarcely  hope  to  cut  through  the  enemy's  lines 
unaided.  Yet  it  was  against  my  conviction  of 
duty  to  surrender. 

Under  the  circumstances  in  which  I  was  placed, 
I  saw  no  means  of  defeating  the  surrender,  and 
therefore  considering  myself  only  technically  the 
recipient  of  the  command  ;  when  turned  over  by 
General  Floyd,  I  promptly  passed,  and  declined 
to  accept  it.  It  was  in  this  sense  that  I  said  in 
my  original  report  that  when  the  command  was 
turned  over  to  me  I  passed  it  In  point  of  fact, 


however,  the  command  was  turned  over  by  Gen 
eral  Floyd  to  General  Buckner. 

In  proof  of  which  I  embody  in  this  report  a 
despatch  from  General  Floyd  to  General  A.  S. 
Johnston,  on  the  morning  of  the  sixteenth  Feb 
ruary ;  I  also  embody  an  order  of  General 
Buckner's,  after  he  had  assumed  command,  to 
Brigadier-General  B.  R.  Johnson. 

CUMBERLAND  CITY,  February  16,  1862. 

To  General  Johnston : 

This  morning  at  two  o'clock,  not  feeling  will 
ing  myself  to  surrender,  I  turned  over  the  com 
mand  to  General  Buckner,  who  determined  to 
surrender  the  Fort  and  the  army,  as  any  further 
resistance  would  only  result  in  the  unavailing 
spilling  of  blood.  I  succeeded  in  saving  half  of 
my  command  by  availing  myself  of  two  little  boats 
at  the  wharf — all  that  could  be  commanded.  The 
balance  of  the  entire  reserve  of  the  army  fell  into 
the  hands  of  the  enemy.  The  enemy's  force  was 
largely  augmented  yesterday  by  the  arrival  of 
thirteen  transports,  and  his  force  could  not  have 
been  less  than  fifty  thousand.  I  have  attempted 
to  do  my  duty  in  this  trying  and  difficult  posi 
tion,  and  only  regret  that  my  exertions  have  not 
been  more  successful.  J.  B.  FLOYD. 

ORDER    TO  BRIGADIER-GENERAL  B.    R.   JOHNSON. 

HEADQUARTERS,  DOVER,  February  16, 1862. 

SIR  :  The  command  of  the  forces  in  this  vicini 
ty  has  devolved  upon  me  by  order  of  General 
Floyd.  I  have  sent  a  flag  to  General  Grant,  and 
during  the  correspondence,  and  until  further  or 
ders,  shall  refrain  from  any  hostile  demonstra 
tions,  with  a  view  of  preventing  a  like  movement 
on  the  enemy's  part.  You  will  endeavor  to  send 
a  flag  to  the  enemy's  posts  in  front  of  your  posi 
tion,  notifying  them  of  the  fact  that  I  have  sent 
a  communication  to  General  Grant  from  the  right 
of  our  position,  and  desire  to  know  his  head 
quarters. 

Respectfully,  your  obedient  servant, 

S.  B.  BUCKNER, 

Brigadier-General  C.  S.  A. 

These  orders  show  that  all  parties  knew  the 
command  was  turned  over,  not  to  myself,  but  to 
General  Buckner.  The  reason  for  this  was 
obvious  ;  both  Generals  Buckner  and  Floyd  were 
of  opinion  that  a  surrender  of  the  command  wa?; 
a  necessity  of  its  position.  They  had  both  heard 
me  say  that  I  would  die  before  I  would  surrender 
the  command. 

General  Buckner  had  said,  if  placed  in  com 
mand,  he  would  make  the  surrender,  and  he  had 
agreed  with  General  Floyd,  that  he  might  with 
draw  his  brigade.  This  understanding  and  agree 
ment,  and  my  position,  excluded  me  from  actual 
command. 

Having  gone  into  the  council  of  general  officers 
and  taken  part  in  its  deliberations,  I  felt  bound 
by  its  decision,  although  against  my  conviction 
of  duty.  I  therefore  determined  not  to  assume 
nor  accept  the  command.  I  still  think  that  in 
acquiescing  in  this  decision,  as  a  necessity  of  my 


DOCUMENTS. 


425 


position,  I  acted  correctly,  although  my  judgmen 
was  wholly  against  the  measure  to  surrender 
I  had  no  agency  whatever  in  withdrawing  any 
portion  of  the  command,  except  to  direct  Colo 
nel  Forrest  to  cut  his  way  out  with  his  cavalry 
all  of  which  I  organized  into  a  brigade  under  him 

5.  In  response  to  the  fifth  and  sixth  inquiries 
of  the  Secretary's  orders,  I  reply,  I  do  not  know 
what  regiments  of  General  Floyd's  brigade  were 
surrendered,  nor  which  were  withdrawn,  nor  do 
I  know  upon  what  principle  the  selection  was 
made. 

For  further  information,  reference  is  made  to 
my  original  and  supplemental  reports. 

Before  closing  the  response  to  the  Honorable 
Secretary's  order,  I  deem  it  not  improper  to  say, 
that  the  only  doubt  I  felt,  in  any  opinion  I  ex 
pressed,  position  assumed,  or  act  I  did,  was,  as 
to  the  propriety  of  retiring  from  the  garrison, 
when  I  could  not  control  the  fate  of  the  com 
mand,  whose  surrender  was  not  my  act,  or  with 
my  approval.  Upon  this  point,  I  consulted  Gen 
erals  Floyd  and  Buckner. 

For  these  reasons,  and  knowing  that  the  gener 
al  officers  would  not  be  permitted  to  accompany 
the  men  into  captivity,  I  finally  determined  to 
retire,  hoping  I  might  be  able  to  render  some 
service  to  the  country. 

Very  respectfully, 

GID.  J.  PILLOW, 

Brigadier-General,  0.  S.  A. 
ORIGINAL   REPORT   OP   GENERAL   S.  B.  BUCKNER. 

HEADQUARTERS  CUMBERLAND  ARMY,         | 
DOVER,  TENNESSEE,  February  18,  1862.  f 

SIR  :  It  becomes  my  duty  to  report  that  the 
remains  of  this  army,  after  winning  some  bril 
liant  successes,  both  in  repulsing  the  assaults  of 
the  enemy,  and  in  sallying  successfully  through 
their  lines,  has  been  reduced  to  the  necessity  of 
a  surrender. 

At  the  earliest  practicable  day,  I  will  send  a  de 
tailed  report  of  its  operations.  I  can  only  say 
now,  that  after  the  battle  of  the  fifteenth  inst.  had 
been  won,  and  my  division  of  the  army  was 
being  established  in  position  to  cover  the  retreat 
of  the  army,  the  plan  of  battle  seemed  to  have 
been  changed,  and  the  troops  were  ordered  back 
to  the  trenches.  Before  my  own  division  return 
ed  to  their  works  on  the  extreme  right,  the  lines 
were  assailed  at  that  point,  and  my  extreme 
right  was  occupied  by  a  large  force  of  the  enemy. 
But  I  successfully  repelled  their  further  assaults. 

It  was  the  purpose  of  General  Floyd  to  effect 
the  retreat  of  the  army  over  the  ground  which 
had  been  won  in  the  morning,  and  the  troops 
moved  from  their  works  with  that  view ;  but 
before  any  movement  for  that  purpose  was  or 
ganized,  a  reconnoissance  showed  that  the  ground 
was  occupied  by  the  enemy  in  great  strength. 
General  Floyd  then  determined  to  retreat  across 
the  river,  with  such  force  as  could  escape ;  but 
as  there  were  no  boats  until  nearly  daylight  on 
the  sixteenth,  he  left  with  some  regiments  of 
Virginia  troops  about  daylight,  and  was  accom 
panied  by  Brigadier-General  Pillow. 


I  was  thus  left  in  command  of  the  remnant  of 
the  army,  which  had  been  placed  in  movement 
for  a  retreat,  which  was  discovered  to  be  im 
practicable.  My  men  were  in  a  state  of  complete 
exhaustion,  from  extreme  suffering,  from  cold 
and  fatigue;  the  supply  of  ammunition,  espe 
cially  for  the  artillery,  was  being  rapidly  exhaust 
ed,  the  army  was  to  a  great  extent  demoralized 
by  the  retrograde  movement.  On  being  placed 
in  command,  I  ordered  such  troops  as  could  not 
cross  the  river  to  return  to  their  intrenchments, 
to  make  at  the  last  moment  such  resistance  as 
was  possible  to  the  overwhelming  force  of  the 
enemy.  But  a  small  portion  of  the  forces  had 
returned  to  the  lines,  when  I  received  from 
General  Grant  a  reply  to  my  proposal  to  nego 
tiate  for  terms  of  surrender.  To  have  refused 
his  terms  would,  in  the  condition  of  the  army  at 
that  time,  have  led  to  the  massacre  of  my  troops 
without  any  advantage  resulting  from  the  sacri 
fice.  I  therefore  felt  it  my  highest  duty  to  these 
brave  men,  whose  conduct  had  been  so  brilliant, 
and  whose  sufferings  had  been  so  intense,  to  ac 
cept  the  ungenerous  terms  proposed  by  the  Feder 
al  commander,  who  overcame  us  solely  by  over 
whelming  superiority  of  numbers.  This  army 
3,  accordingly,  prisoners  of  war;  the  officers  re 
taining  their  side-arms  and  private  property,  and 
the  soldiers  their  clothing  and  blankets.  I  regret 
to  state,  however,  that,  notwithstanding  the  ear 
nest  efforts  of  General  Grant  and  many  of  his 
officers  to  prevent  it,  our  camps  have  been  a 
scene  of  almost  indiscriminate  pillage  by  the 
Federal  troops. 

In  conclusion,  I  request,  at  the  earliest  time 
practicable,  a  court  of  inquiry,  to  examine  into 
the  causes  of  the  surrender  of  this  army. 
I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

S.  B.  BUCKNER, 

Brigadier-General,  C.  S.  A 

To  Colonel  W.  W.  MACKALL, 

A.  A.  General,  Nashville,  Tennessee. 
GENERAL   BUCKNER'S    OFFICIAL    REPORT. 

RICHMOND,  VA.,  August  11,  1862. 
SIR  :  I  have  the  honor  to  make  the  following 
report  of  the  operations  of  that  portion  of  the  Se 
cond  division  of  the  central  army  of  Kentucky, 
which  was  detached  from  Bowling  Green  and 
lussellville,  Ky.,  to  aid  in  the  defence  of  Fort 
)onelson  ar  d  the  village  of  Dover  on  the  Cum 
berland  River,  Tennessee. 

By  the  courtesy  of  Brigadier-General  Grant, 
Jnited  States  army,  I  was  permitted  to  transmit 
o  Clarksville,  Tennessee,  a  brief  report  of  the 
urrender  of  Fort  Donelson,  but  as  I  now  learn 
t  never  reached  the  headquarters  of  General  A. 
3.  Johnston,  I  transmit  herewith  a  copy. 

I  have  been  prevented  from  making  an  earliei 
eport  by  the  refusal  of  the  Federal  authorities, 
luring  my  imprisonment,  either  to  permit  me  to 
make  a  report  or  to  receive  the  report  of  subordi 
late  commanders.  Such,  indeed,  was  the  dis 
ourtesy  of  the  Federal  War  Department,  that, 


426 


REBELLION  RECORD,  1862-63. 


though  kept  in  solitary  confinement,  during  my 
imprisonment,  and  prevented  from  holding  com 
munications  with  any  of  my  fellow-prisoners,  a  re 
quest  on  my  part  to  be  informed  of  the  cause  of 
a  proceeding  so  unusual  amongst  nations  pretend 
ing  to  follow  the  rules  of  civilized  warfare,  failed 
to  elicit  a  response.  On  the  eleventh  February, 
ultimo,  Brigadier-General  Floyd  had  resolved  to 
concentrate  his  division  and  my  own  at  Cumber 
land  City,  with  a  view  of  operating  from  some 
point  of  the  railway  west  of  that  position,  in  the 
direction  of  Fort  Donelson  or  Fort  Henry,  thus 
maintaining  his  communications  with  Nashville, 
by  the  way  of  Charlotte.  I  reached  Fort  Donel 
son  on  the  night  of  February  eleventh,  with  or 
ders  from  General  Floyd  to  direct  General  Pillow 
to  send  back  at  once  to  Cumberland  City  the  troops 
which  nad  been  designated. 

Before  leaving  Clarksville  I  had,  by  authority 
of  General  Floyd,  ordered  Scott's  regiment  of 
Louisiana  cavalry  to  operate  on  the  north  side 
of  the  Cumberland  River,  in  the  direction  of  Fort 
Donelson,  with  a  view  to  prevent  the  establish 
ment  of  any  of  the  enemy's  field  batteries  which 
might  interfere  with  our  transports.  General 
Pillow  declined  to  execute  the  order  of  which  I 
was  the  bearer,  until  he  should  have  a  personal 
interview  with  General  Floyd.  Accordingly,  on 
the  morning  of  the  twelfth,  he  left  me  temporar 
ily  in  command,  and  proceeded  himself  in  a  steam 
er  to  Cumberland  City.  Before  leaving,  he  in 
formed  me  that  he  had  directed  a  reconnoissance 
to  be  made  by  Colonel  Forrest's  cavalry,  with  in 
structions  in  no  event  to  bring  on  an  engagement, 
should  the  enemy  approach  in  force. 

General  Pillow  left  me  under  the  impression 
that  he  did  not  expect  an  immediate  advance  of 
the  enemy,  and  regarded  their  approach  from  the 
direction  of  Fort  Henry  as  impracticable.  Dur 
ing  the  morning,  Forrest  reported  the  enemy  ad 
vancing  in  force  with  the  view  of  enveloping  our 
line  of  defence ;  and  for  a  time  he  was  engaged 
with  his  usual  gallantry  in  heavy  skirmishing 
with  them,  at  one  time  driving  one  of  their  bat 
talions  back  upon  their  artillery. 

About  noon  General  Pillow  returned  and  re 
sumed  command ;  it  having  been  determined  to 
reenforce  the  garrison  with  the  remaining  troops 
from  Cumberland  City  and  Clarksville. 

The  defences  were  in  a  very  imperfect  condi 
tion.  The  space  to  be  defended  by  the  army  was 
quadrangular  in  shape,  being  limited  on  the  north 
by  the  Cumberland  River,  on  the  east  and  west 
by  small  streams,  now  converted  into  deep  sloughs 
by  the  high  water,  and  on  the  south  by  our  line 
of  defence.  The  river-line  exceeded  a  mile  in 
length  ;  the  line  of  defence  was  about  two  miles 
and  a  half  long,  and  its  distance  from  the  river 
varied  from  one  fourth  to  three  fourths  of  a  mile. 
The  line  of  intrenchments  consisted  of  a  few  logs 
rolled  together  and  but  slightly  covered  with 
earth,  forming  an  insufficient  protection  even 
against  field  artillery.  No  more  than  one  third 
of  the  line  was  completed  on  the  morning  of  the 
twelfth.  It  had  been  located  under  the  direction 
of  that  able  engineer-officer,  Major  Gilmer,  near 


the  crests  of  a  series  of  ridges  which  sloped  back 
ward  to  the  river,  and  were  again  commanded  in 
several  places  by  other  ridges  at  a  still  greater 
distance  from  the  river.  This  chain  of  heights 
was  intersected  by  deep  valleys  and  ravines, 
which  materially  interfered  with  communications 
between  different  parts  of  the  line.  Between  the 
village  of  Dover  and  the  water-batteries,  a  broad 
and  deep  valley  extending  directly  back  from  the 
river,  and  flooded  by  the  high  water,  intersected 
the  quadrangular  area  occupied  by  the  army,  and 
almost  completely  isolated  the  right  wing.  That 
part  of  the  line  which  covered  the  land  approach 
to  the  water-batteries,  and  constituted  our  right 
wing,  was  assigned  to  me  with  a  portion  of  my 
division,  consisting  of  the  Third  or  Colonel  John 
C.  Brown's  brigade,  which  was  composed  of  the 
Third  Tennessee  volunteers,  which  was  Colonel 
Brown's  regiment,  Eighteenth  Tennessee  regi 
ment,  Colonel  Palmer,  Thirty-second  Tennessee 
regiment,  Colonel  Cook;  half  of  Colonel  Bald 
win's  Second  brigade,  temporarily  attached  to 
Colonel  Brown's  Second  regiment  Kentucky  vol 
unteers,  Colonel  R.W.  Hanson  ;  Fourteenth  Mis 
sissippi  voluneeers,  Major  Doss ;  Forty-first  Ten 
nessee  volunteers,  Colonel  Farquharson  ;  Porter's 
battery  of  six  field-pieces ;  Graves' s  battery  of 
six  field-pieces. 

The  remaining  regiments  of  Baldwin's  brigade, 
the  Twenty-sixth  Tennessee  volunteers,  Colonel 
Lillard,  and  the  Twenty-sixth  Mississippi  volun 
teers,  Colonel  Reynolds,  together  with  the  bri 
gade-commander,  were  detached  from  my  com 
mand  by  Brigadier-General  Pillow  and  assigned 
a  position  on  the  left  of  the  line  of  intrench 
ments. 

The  work  on  my  lines  was  prosecuted  with  en 
ergy,  and  was  urged  forward  as  rapidly  as  the 
limited  number  of  tools  would  permit ;  so  that 
by  the  morning  of  the  thirteenth  my  position  was 
in  a  respectable  state  of  defence. 

My  disposition  of  the  troops  was  as  follows : 

Hanson's  regiment  on  the  extreme  right ;  Palm 
er's  regiment,  with  its  reserve,  in  position  to  re- 
enforce  Hanson  ;  Porter's  battery  occupying  the 
reserve,  in  position  to  reenforce  Hanson  ;  Porter's 
battery  occupying  the  advanced  salient,  sweep 
ing  the  road  which  led  to  the  front,  and  flanking 
the  intrenchments  both  to  the  right  and  to  the 
left.  The  reserve  of  the  Fourteenth  Mississippi 
was  held  as  its  support.  Brown's,  Cook's,  and 
Farquharson's  regiments  were  on  the  left.  Graves's 
battery  occupied  a  position  near  the  extreme  left 
of  the  intrenchments  on  the  declivity  of  the  hill, 
whence  it  swept  the  valley  with  its  fire  and  flank 
ed  the  position  of  Colonel  Heiman  to  the  east  of 
the  valley. 

From  three  to  five  companies  of  each  regiment 
were  deployed  as  skirmishers  in  the  rifle-pits. 
The  other  companies  of  each  regiment  were  mass 
ed  in  columns,  sheltered  from  the  enemy's  fire 
behind  the  irregularities  of  the  ground,  and  held 
in  convenient  positions  to  reenforce  any  portion 
of  the  line  that  might  be  seriously  threatened. 

No  serious  demonstration  was  made  on  our 
lines  on  the  twelfth. 


DOCUMENTS. 


427 


Early  on  the  morning  of  the  thirteenth,  a  col 
umn  of  the  enemy's  infantry,  which  was  appar 
ently  forming  to  move  down  the  valley  between 
my  left  and  Heiman's  right,  was  driven  back  by 
a  few  well-directed  shots  from  Graves' s  battery. 

About  ten  o'clock  in  the  morning  the  enemy 
made  a  vigorous  attack  upon  Hanson's  position, 
but  was  repulsed  with  heavy  loss.  The  attack 
was  subsequently  renewed  by  three  heavy  regi 
ments,  but  was  again  repulsed  by  the  Second 
Kentucky  regiment,  aided  by  a  part  of  the  Eigh 
teenth  Tennessee.  In  both  these  affairs,  and  also 
in  a  third  repulse  of  the  enemy  from  the  same 
position,  Porter's  battery  played  a  conspicuous 
part. 

About  eleven  o'clock  a  strong  attack  was  made 
on  Colonel  Heiman's  position  beyond  my  left.  A 
well-directed  fire  from  Graves' s  battery  upon  the 
flank  of  the  assaulting  column  materially  contri 
buted  to  repulse  the  enemy  with  heavy  loss. 

The  fire  of  the  enemy's  artillery  and  riflemen 
was  incessant  throughout  the  day  ;  but  was  re 
sponded  to  by  a  well-directed  fire  from  the  in- 
trenchments,  which  inflicted  upon  the  assailant 
considerable  loss,  and  almost  silenced  his  fire  late 
in  the  afternoon.  On  the  preceding  night  General 
Floyd  had  arrived  and  assumed  command  of  all 
the  troops,  and  during  the  morning  visited  and 
inspected  my  lines.  My  loss  during  the  day  was 
thirty-nine  (39)  in  killed  and  wounded. 

The  enemy  were  comparatively  quiet  in  front 
of  my  position  during  the  fourteenth.  On  the 
morning  of  that  day  I  was  summoned  to  a  coun 
cil  of  general  officers,  in  which  it  was  decided 
unanimously,  in  view  of  the  arrival  of  heavy  re- 
enforcernents  of  the  enemy  below,  to  make  an  im 
mediate  attack  upon  their  right,  in  order  to  open 
our  communications  with  Charlotte,  in  the  direc 
tion  of  Nashville.  It  was  urged  that  this  attack 
should  be  made  at  once,  before  the  disembarka 
tion  of  the  enemy's  reinforcements — supposed  to 
be  about  fifteen  thousand  men.  I  proposed  with 
my  division  to  cover  the  retreat  of  the  army, 
should  the  sortie  prove  successful.  I  made  the 
necessary  dispositions  preparatory  to  executing 
the  movement,  but  early  in  the  afternoon  the  or 
der  was  countermanded  by  General  Floyd,  at  the 
instance,  as  I  afterward  learned,  of  General  Pil 
low,  who,  after  drawing  out  his  troops  for  the  at 
tack,  thought  it  too  late  for  the  attempt. 

On  the  night  of  the  fourteenth  it  was  unani 
mously  decided,  in  a  council  of  general  officers 
and  regimental  commanders,  to  attack  the  ene 
my's  right  at  daylight.  The  object  of  the  attack 
was  to  force  our  way  through  his  lines,  recover 
our  communications,  and  effect  our  retreat  upon 
Nashville  by  way  of  Charlotte,  Tenn.  This  move 
ment  had  become  imperatively  necessary  in  con 
sequence  of  the  vastly  superior  and  constantly 
increasing  force  of  the  enemy,  who  had  already 
completely  enveloped  our  position.  The  general 
plan  was  for  General  Pillow  to  attack  his  extreme 
right,  and  for  that  portion  of  my  division  remain 
ing  under  my  command  after  being  relieved  in  the 
rifle-pits  by  Colonel  Head's  regiment,  to  make  an 
attack  upon  the  right  of  the  enemy's  centre,  and, 


if  successful,  to  take  up  a  position  in  advance  of 
our  works  on  the  Wynn's  ferry  road,  to  cover  the 
retreat  of  the  whole  army ;  after  which  my  divi 
sion  was  to  act  as  the  rear-guard. 

On  Saturday  morning,  the  fifteenth,  a  consider 
able  portion  of  my  division  was  delayed  by  the 
non-arrival  of  Head's  regiment  at  the  appointed 
time,  and  by  the  slippery  condition  of  the  icy 
road  which  forbade  a  rapid  march.  My  advance 
regiment,  however,  the  Third  Tennessee,  reached 
a  position  by  daylight  in  rear  of  a  portion  of  the 
intrenchments  which  had  been  occupied  by  Gen 
eral  Pillow's  troops.  As  no  guards  had  been  left 
in  this  portion  of  the  line,  and  even  a  battery  was 
left  in  position  without  a  cannoneer,  I  deployed 
the  Third  Tennessee  in  the  rifle-pits  to  cover  the 
formation  of  my  division  as  it  arrived.  The  regi 
ments  were  formed,  partly  in  line  and  partly  in 
column,  and  covered  from  the  enemy's  artillery 
fire  by  a  slight  acclivity  in  front.  In  the  mean 
time  the  attack  on  the  enemy's  right  was  made  in 
the  most  gallant  and  determined  manner  by  the 
division  of  General  Pillow.  For  the  progress  of 
that  action,  I  refer  to  the  reports  of  Colonel  Bald 
win,  Colonel  Gregg,  and  their  subordinate  com 
manders,  which  have  been  transmitted  to  me,  as 
the  senior  officer  left  with  the  army. 

In  front  of  my  position  the  enemy  had  a  heavy 
battery  posted  on  the  Wynn's  ferry  road,  with 
another  battery  opposite  my  left — both  sustained 
by  a  heavy  infantry  force. 

Major  Davidson,  acting  chief  of  my  artillery, 
established  Graves' s  battery  to  the  left  of  the 
Wynn's  ferry  road,  and  opened  upon  the  enemy's 
batteries  a  destructive  fire.  I  also  directed  a  por 
tion  of  the  artillery  to  open  upon  the  flank  and 
left  rear  of  the  enemy's  infantry,  who  were  con 
testing  the  advance  of  General  Pillow's  division, 
fn  view  of  the  heavy  duty  which  I  expected  my 
division  to  undergo  in  covering  the  retreat  of  the 
army,  I  thought  it  unadvisable  to  attempt  an  as 
sault  at  this  time  in  my  front  until  the  enemy's 
batteries  were,  to  some  extent  crippled,  and  their 
supports  shaken  by  the  fire  of  my  artillery. 
About  nine  o'clock,  General  Pillow  urged  an  ad 
vance,  to  relieve  his  forces.  I  accordingly  sent 
brward  the  Fourteenth  Mississippi,  Major  Doss, 
deployed  as  skirmishers.  At  the  request  of  its 
commander,  I  assigned  the  direction  of  its  move 
ments  to  Major  Alexander  Cassidy,  of  my  staff. 
The  line  of  skirmishers  was  sustained  by  the 
Third  and  Eighteenth  Tennessee.  Their  line  of 
march  unfortunately  masked  the  fire  of  my  artil- 
ery  upon  the  Wynn's  ferry  road,  but  it  continued 
to  play  with  effect  upon  the  force  which  was  op 
posing  General  Pillow's  advance.  The  combined 
attack  compelled  the  enemy  to  retire,  not,  how 
ever,  without  inflicting  upon  my  troops  consider 
able  loss.  Under  a  misapprehension  of  instruc 
tions,  at  a  time  when  my  artillery  was  directed 
over  the  heads  of  the  advanced  troops  upon  the 
enemy's  battery,  these  regiments  withdrew  with 
out  panic,  but  in  some  confusion,  to  the  trenches, 
after  the  enemy's  infantry  had  been  driven  a  con 
siderable  distance  from  their  position. 

As  the  enemy's  line  of  retreat  was  along  the 


428 


REBELLION"  RECORD,  1862-63. 


Wynn's  ferry  road,  I  now  organized  an  attack 
further  to  my  right,  up  a  deep  valley  which  led 
from  Heiman's  left,  in  rear  of  the  position  occu 
pied  by  the  enemy's  batceries. 

In  order  to  cover  the  advance  of  the  infantry 
column,  I  directed  Captain  Porter,  with  his  artil 
lerists,  to  serve  Green's  battery,  which  was  al 
ready  in  position,  and  at  the  same  time  sent  a  re 
quest  to  Colonel  Heiman  to  direct  Maney's  bat 
tery  to  open  its  fire,  while  he  should  deploy  a 
line  of  skirmishers  in  advance  of  his  position  to 
cover  the  right  of  the  valley.  General  Pillow  was 
at  this  time,  as  I  afterward  learned,  on  the  heights 
to  my  right,  occupied  by  Heiman.  Maney's,  Por 
ter's,  and  Graves's  batteries  now  opened  a  cross 
fire  upon  the  enemy's  battery  and  position,  soon 
crippling  some  of  his  guns  and  driving  their  sup 
ports,  while  the  Third,  Eighteenth,  and  Thirty-sec 
ond  Tennessee  regiments,  under  their  brigade  com 
mander,  Colonel  John  C.  Brown,  moved  steadily 
up  the  valley,  preceded  by  their  skirmishers,  who 
soon  became  engaged  with  those  of  the  enemy. 
This  movement,  combined  with  the  brisk  fire  of 
three  batteries,  induced  a  rapid  retreat  of  the  ene 
my,  who  abandoned  a  section  of  his  artillery.  At 
the  same  time  my  infantry  were  thus  penetrating 
the  enemy's  line  of  retreat,  Forrest,  with  a  portion 
of  his  cavalry,  charged  upon  their  right,  while 
General  Pillow's  division,  under  the  orders  of 
General  B.  R.  Johnson  and  Colonel  Baldwin  were 
pressing  their  extreme  right  about  half  a  mile  to 
the  left  of  this  position. 

In  this  latter  movement,  a  section  of  Graves's 
battery  participated,  playing  with  destructive  ef 
fect  upon  the  enemy's  left,  while  about  the  same 
time,  the  Second  Kentucky,  under  Colonel  Han 
son,  charged  in  quick  time,  as  if  upon  parade, 
through  an  open  field  and  under  a  destructive 
fire,  without  firing  a  gun,  upon  a  superior  force 
of  the  enemy,  who  broke  and  fled  in  all  directions. 
A  large  portion  of  the  enemy's  right  dispersed 
through  the  woods  and  made  their  way,  as  was 
afterward  learned,  to  Fort  Henry. 

While  this  movement  was  going  on,  I  conduct 
ed  one  piece  of  artillery,  under  Captain  Graves, 
along  the  Wynn's  ferry  road,  supported  by  the 
Fourteenth  Mississippi,  and  sent  orders  to  the  re 
sidue  of  Graves's  battery,  and  Porter's  and  Jack 
son's  batteries,  and  Farquharson's  Tennessee  re 
giment  to  follow  the  movement  with  rapidity.  I 
also  sent  to  direct  Hanson's  regiment  to  rejoin 
me.  The  enemy,  in  his  retreat  had  now  taken 
up  a  strong  position  on  the  road  beyond  the  point 
where  it  crosses  the  valley.  I  directed  the  posi 
tion  to  be  attacked  by  the  Third,  Eighteenth,  and 
Thirty -second  Tennessee  regiments,  the  first  on 
the  left,  the  others  on  the  right  of  the  road,  while 
Graves's  pieoe  took  position  in  the  road,  within 
two  hundred  and  fifty  or  three  hundred  yards  of 
the  enemy's  guns.  These  regiments,  under  the 
immediate  command  of  Colonel  Brown,  advanc 
ed  gallantly  to  the  attack,  while  Graves's  piece  re 
sponded  with  effect  to  the  enemy's  artillery.  Not 
withstanding  their  vast  superiority  in  numbers, 
the  enemy  were  driven,  with  very  heavy  loss, 
from  their  position,  and  retreated  to  the  right  of 


the  Wynn's  ferry  road,  leaving  it  entirely  open. 
In  this  position  I  awaited  the  arrival  of  my  artil 
lery  and  reserves,  either  to  continue  the  pursuit 
of  the  enemy,  or  to  defend  the  position  I  now 
held,  in  order  that  the  army  might  pass  out  on 
the  forge  road,  which  was  now  completely  covered 
by  the  position  occupied  oy  my  division.  But 
General  Pillow  had  prevented  my  artillery  from 
leaving  the  intrenchments,  and  had  ordered  Far- 
quharson  not  to  join  me,  and  also  sent  me  reiter 
ated  orders  to  return  to  my  intrenchments  on  the 
extreme  right.  I  was  in  the  act  of  returning  to 
the  lines  when  I  met  General  Floyd,  who  seemed 
surprised  at  the  order.  At  his  request  to  know 
my  opinion  of  the  movement,  I  replied  that  noth 
ing  had  occurred  to  change  my  views  of  the  neces 
sity  of  the  evacuation  of  the  post,  that  the  road 
was  open,  that  the  first  part  of  our  purpose  was 
fully  accomplished,  and  I  thought  we  should  at 
once  avail  ourselves  of  the  existing  opportunity 
to  regain  our  communications.  These  seemed  to 
be  his  own  views,  for  he  directed  me  to  halt  my 
troops  and  remain  in  position  until  he  should  have 
conversed  with  General  Pillow,  who  was  now 
within  the  intrenchments. 

After  that  consultation  he  sent  me  an  order  to 
retire  within  the  lines,  and  to  repair  as  rapidly  as 
possible  to  my  former  position  on  the  extreme 
right,  which  was  in  danger  of  attack.  The  ene 
my  made  no  attempt  at  pursuit.  I  secured  the 
section  of  artillery  which  had  been  captured,  and 
covered  my  retrograde  movement  by  Hanson's 
and  Farquharson's  regiments.  My  troops  were 
already  much  exhausted,  but  returned  as  rapidly 
as  possible,  a  distance  of  two  miles,  to  their  posi 
tions.  But  a  small  portion  of  my  division  had 
reached  their  positions,  when  a  division  of  the 
enemy,  under  command  of  General  C.  F.  Smith, 
assaulted  the  extreme  right  of  my  position,  falling 
upon  Hanson's  regiment  before  it  had  reached  its 
rifle-pits.  This  gallant  regiment  was  necessarily 
thrown  back  in  confusion  upon  the  position  of  the 
Eighteenth  Tennessee.  At  this  period  I  reached 
that  position,  and,  aided  by  a  number  of  officers, 
I  succeeded  in  hastily  forming  a  line  behind  the 
crest  of  a  hill  which  overlooked  the  detached 
works  which  had  been  seized  by  the  enemy  be 
fore  Hanson  had  been  able  to  throw  his  regiment 
into  them.  The  enemy  advanced  gallantly  upon 
this  new  position,  but  was  repulsed  with  heavy 
loss.  I  reenforced  this  position  by  other  regi 
ments  as  they  successively  arrived,  and  by  a  sec- 
'tion  of  Graves's  battery,  while  a  section  of  Por 
ter's  battery  was  placed  in  its  former  position. 
During  a  contest  of  more  than  two  hours  the  ene 
my  threatened  my  left  with  a  heavy  column,  and 
made  repeated  attempts  to  storm  my  line  on  the 
right,  but  the  well-directed  fire  of  Porter's  and 
Graves's  artillery,  and  the  musketry  fire  of  the 
infantry,  repelled  the  attempts,  and  finally  drove 
him  to  seek  shelter  behind  the  works  he  had 
taken,  and  amid  the  irregularities  of  the  ground. 
There  was  probably  no  period  of  the  action  when 
his  force  was  not  from  three  to  five  times  the 
strength  of  mine.  Toward  the  close  of  the  action 
I  was  reenforced  by  the  regiments  of  Colonels 


DOCUMENTS. 


429 


Quarles  and  Sugg  and  Bailey.  Generals  Floyd 
and  Pillow  also  visited  the  position  about  the 
close  of  the  action. 

In  a  council  of  general  and  field-officers,  held 
after  night,  it  was  unanimously  resolved,  that  if 
the  enemy  had  not  redccupied,  in  strength,  the 
position  in  front  of  General  Pillow,  the  army 
should  effect  its  retreat ;  and  orders  to  assemble 
the  regiments  for  that  purpose  were  given  by 
General  Floyd.  But  as  the  enemy  had,  late  in 
the  afternoon,  appeared  in  considerable  force  on 
the  battle-field  of  the  morning,  a  reconnoissance 
was  ordered,  I  think  by  General  Pillow,  under 
the  instructions  of  General  Floyd.  The  report 
of  this  reconnoissance,  made  by  Colonel  Forrest, 
has  been  fully  stated  by  Generals  Floyd  and  Pil 
low  ;  and  from  what  I  have  been  able  to  learn 
since,  I  am  satisfied  the  information  reported  was 
correct.  Among  other  incidents,  showing  that 
the  enemy  had  not  only  reoccupied  their  former 
ground,  but  extended  their  lines  still  farther  to 
our  left,  is  the  fact  that  Overton's  cavalry,  fol 
lowing  after  Forrest's,  was  cut  oft*  from  retreat 
by  an  infantry  force  of  the  enemy  at  the  point 
where  Forrest  had  crossed  the  stream  on  the 
river  road.  When  the  information  of  our  rein 
vestment  was  reported,  General  Floyd,  General 
Pillow,  and  myself,  were  the  only  members  of 
the  council  present.  Both  of  these  officers  have 
stated  the  views  of  the  council,  but  my  recollec 
tion  of  some  of  the  incidents  narrated  differs  so 
materially  from  that  of  General  Pillow,  that, 
without  intending  any  reflection  upon  either  of 
those  officers,  I  feel  called  upon  to  notice  some 
of  the  differences  of  opinion  between  us.  Both 
officers  have  correctly  stated  that  I  regarded  the 
position  of  the  army  as  desperate,  and  that  an  at 
tempt  to  extricate  it  by  another  battle,  in  the 
suffering  and  exhausted  condition  of  the  troops, 
was  almost  hopeless. 

The  troops  had  been  worn  down  with  watch 
ing,  with  labor,  with  fighting.  Many  of  them 
were  frosted  by  the  intensity  of  the  cold ;  all  of 
them  were  suffering  and  exhausted  by  their  in 
cessant  labors.  There  had  been  no  regular  issue 
of  rations  for  a  number  of  days,  and  scarcely  any 
means  of  cooking. 

Their  ammunition  was  nearly  expended.  We 
were  completely  invested  by  a  force  fully  four 
times  the  strength  of  our  own.  In  their  exhaust 
ed  condition  they  could  not  have  made  a  march. 
An  attempt  to  make  a  sortie  would  have  been 
resisted  by  a  superior  force  of  fresh  troops ;  and 
that  attempt  would  have  been  the  signal  for  the 
fall  of  the  water-batteries,  and  the  presence  of 
the  enemy's  gunboats  sweeping  with  their  fire, 
at  close  range,  the  positions  of  our  troops  ;  who 
would  have  been  thus  assailed  on  their  front, 
rear,  and  right  flank,  at  the  same  instant.  The 
.ie*>ult  would  have  been  a  virtual  massacre  of  the 
troops,  more  disheartening  in  its  effects  than  a 
surrender. 

In  this  opinion  General  Floyd  coincided ;  and 

I  am  certain  that  both  he  and  I  were  convinced 

that  General  Pillow  agreed  with  us  in  opinion. 

General  Pillow  then  asked  our  opinion  as  to  the 

S.  D.  27. 


practicability  of  holding  our  position  another  day. 
I  replied  that  my  right  was  already  turned,  a 
portion  of  my  intrenchments  in  the  enemy's  pos 
session  ;  they  were  in  position  successfully  to  as 
sail  my  position  and  the  water-batteries;  and 
that,  with  my  weakened  and  exhausted  force,  I 
could  not  successfully  resist  the  assault  which 
would  be  made  at  daylight  by  a  vastly  superior 
force.  I  further  remarked  that  I  understood  the 
principal  object  of  the  defence  of  Donelson  to  be 
to  cover  the  movement  of  General  A.  S.  John 
ston's  army  from  Bowling  Green  to  Nashville, 
and  that  if  that  movement  was  not  completed,  it 
was  my  opinion  that  we  should  attempt  a  further 
defence,  even  at  the  risk  of  the  destruction  of 
our  entire  force,  as  the  delay  even  of  a  few  hours 
might  gain  the  safety  of  General  Johnston's 
force.  General  Floyd  remarked  that  General 
Johnston's  army  had  already  reached  Nashville. 

I  then  expressed  the  opinion  that  it  would  be 
wrong  to  subject  the  army  to  a  virtual  massacre, 
when  no  good  could  result  from  the  sacrifice ; 
and  that  the  general  officers  owed  it  to  their  men, 
when  further  resistance  was  unavailing,  to  ob 
tain  the  best  terms  of  capitulation  possible  for 
them.  General  Floyd  expressed  himself  in  simi 
lar  terms,  and  in  his  opinion  I  understood  Gene 
ral  Pillow  to  acquiesce.  For  reasons  which  he 
has  stated,  General  Floyd  then  announced  his 
purpose  to  leave,  with  such  portion  of  his  divi 
sion  as  could  be  transported,  in  two  small  steam 
ers,  which  were  expected  about  daylight.  Gene 
ral  Pillow,  addressing  General  Floyd,  then  re 
marked  that  he  thought  there  were  no  two 
persons  in  the  Confederacy  whom  the  "  Yan 
kees  "  would  prefer  to  capture  than  himself  and 
General  .Floyd,  and  asked  the  latter' s  opinion  as 
to  the  propriety  of  his  accompanying  General 
Floyd.  To  this  inquiry  the  latter  replied  that  it 
was  a  question  for  every  man  to  decide  for  him 
self.  General  Pillow  then  addressed  the  inquiry 
to  me,  to  which  I  remarked  that  I  could  only 
reply  as  General  Floyd  had  done ;  that  it  was  a 
question  for  every  officer  to  decide  for  himself, 
and  that  in  my  own  case  I  regarded  it  as  my  du 
ty  to  remain  with  my  men  and  share  their  fate, 
whatever  it  might  be. 

General  Pillow,  however,  announced  his  pur 
pose  to  leave,  when  General  Floyd  directed  me 
to  consider  myself  in  command.  I  remarked 
that  a  capitulation  would  be  as  bitter  to  me  as  it 
could  be  to  any  one,  but  I  regarded  it  as  a  neces 
sity  of  our  position,  and  I  could  not  reconcile  it 
with  my  sense  of  duty  to  separate  my  fortunes 
from  those  of  my  command. 

It  is  due  to  General  Pillow  to  state  that  some 
time  after  the  command  had  been  transferred  to 
me,  and  while  preparations  were  making  for  his 
departure,  he  returned  to  the  room  and  said  to 
General  Floyd  and  myself  that  he  wished  it  un 
derstood  that  he  had  thought  it  would  have  been 
better  to  have  held  the  fort  another  day,  in  order 
to  await  the  arrival  of  steamers  to  transport  the 
troops  across  the  river.  I  again  recapitulated 
my  reasons  for  thinking  it  impossible  to  hold  our 
position;  and  whatever  may  have  been  General 


430 


REBELLION   RECORD,  1862-63. 


Pillow's  opinion,  he  certainly  impressed  me  with 
the  belief  that  he  again  acquiesced  in  the  neces 
sity  of  a  surrender. 

It  was  now  near  daylight  of  Sunday  morning, 
the  sixteenth.  I  ordered  the  troops  back  to  their 
positions  in  the  intrcnchments,  and  addressed  a 
note,  a  copy  of  which  is  inclosed,  to  the  Federal 
commander,  Brigadier-General  U.  S.  Grant.  His 
reply  is  also  transmitted.  When  it  was  received, 
but  a  small  portion  of  the  troops  had  returned  to 
their  lines.  A  portion  of  my  field-guns  had  been 
spiked  when  the  troops  had  been  withdrawn  un 
der  General  Floyd's  order.  The  gunners  had 
not  yet  returned  to  the  water-batteries.  A  de 
gree  of  confusion,  amounting  almost  to  a  state  of 
disorganization,  resulting  from  the  knowledge  of 
our  position,  pervaded  a  considerable  portion  of 
the  troops.  A  corps  of  not  less  than  fifteen 
thousand  of  the  enemy,  with  fifteen  pieces  of  ar 
tillery,  were  in  position  to  assault  the  extreme 
right  of  the  line,  which  was  effectually  turned, 
and  the  water-batteries  exposed  to  assault,  with 
out  the  power  of  resisting  the  attack.  At  the 
point  most  strongly  threatened  I  could  not  have 
opposed  at  the  time  a  thousand  men.  Every 
road  leading  from  the  lines  was  effectually  closed. 
Even  the  river-road,  by  which  the  cavalry  had 
left,  and  which  was  impassable  by  infantry,  was 
closed  by  a  force  of  the  enemy  within  fifteen 
minutes  after  Forrest  had  passed,  and  Overton's 
cavalry  was  forced  to  return  to  the  lines.  The 
troops  were  broken  down  by  unusual  privations. 
Most  of  them  had  labored  or  fought  almost  inces 
santly  for  a  week.  From  Thursday  morning  un 
til  Saturday  night  they  had  been  almost  constant 
ly  under  fire.  From  Thursday  evening  until 
Sunday  morning  they  had  suffered  intensely  in 
a  heavy  snow-storm,  and  from  intense  cold,  al 
most  without  shelter,  with  insufficient  food,  and 
almost  without  sleep.  They  had  behaved  with 
a  gallantry  unsurpassed,  until  the  power  of  fur 
ther  endurance  was  exhausted.  The  supply  of 
ammunition  was  very  small.  The  aggregate  of 
the  army,  never  greater  than  twelve  thousand, 
was  reduced  to  less  than  nine  thousand  men 
after  the  departure  of  General  Floyd's  brigade. 
The  investing  force  of  the  enemy  was  about  fifty 
thousand  strong,  and  considerably  exceeded  that 
force  by  the  following  morning.  Under  these 
circumstances,  no  alternative  was  left  me  but  to 
accept  the  terms  offered  by  our  ungenerous  ene 
my.  A  copy  of  the  order  of  General  Grant,  fix 
ing  the  terms  of  the  surrender,  is  herewith  in 
closed. 

I  do  not  seek  to  avoid  any  responsibility  which, 
in  the  judgment  of  the  President,  may  attach  to 
my  action,  which  was  guided  in  every  instance 
by  a  feeling  of  duty.  My  chief  wish  is  that  he 
will  find  it  consistent  with  the  public  interest  to 
permit  me  still  to  unite  my  fortunes  in  the  con 
test  for  independence  with  those  of  the  brave 
men  whose  gallantry  I  have  witnessed,  whose 
dangers  and  hardships  I  have  shared,  and  in 
caramon  with  whom  I  have  endured  the  priva 
tions  of  imprisonment  amongst  a  vindictive  and 


tyrannical  foe.  I  cannot  close  tb:s  report  with 
out  calling  special  attention  to  the  gallant  and 
able  conduct  of  my  brigade  commanders,  Colonel 
John  C.  Brown,  of  the  Third  Tennessee,  and 
Colonel  William  E.  Baldwin,  of  the  Fourteenth 
Mississippi,  and  of  Colonel  R.  W.  Hanson,  com 
manding  the  Second  Kentucky,  detached  from 
Breckinridge's  Kentucky  brigade.  For  the  oper 
ations  of  Colonel  Baldwin's  troops,  I  refer  to  his 
report,  as  he  was  detached  from  my  command 
during  the  siege.  But  he,  as  well  as  the  other 
two  officers,  were  conspicuous  on  every  occasion 
for  their  gallantry  and  military  judgment,  and 
merit  the  special  approbation  of  the  govern 
ment. 

Amongst  the  regimental  commanders,  Colonel 
J.  M.  Lillard  and  Colonel  E.  C.  Cook  merit  the 
highest  commendation  for  their  gallant  bearing, 
and  the  excellent  manner  in  which  they  handled 
their  regiments ;  and  Major  W.  L.  Doss  behaved 
with  marked  gallantry.  Major  George  B.  Cos 
by,  my  Chief  of  Staff,  deserves  the  highest  com 
mendation  for  the  gallant  and  intelligent  dis 
charge  of  his  duties ;  and  the  other  members  of 
my  staff  are  entitled  to  my  thanks  for  their  gal 
lantry,  and  for  the  efficient  discharge  of  their 
appropriate  duties :  Lieutenant  Charles  F.  John 
son,  Aid-de-Carnp  ;  Lieutenant  T.  J.  Clay,  Acting 
Aid ;  Major  Alexander  Cassiday,  Acting  Inspec 
tor-General ;  Major  S.  K.  Hays,  Quartermaster; 
Captain  R.  C.  Wintersmith,  Commissary  of  Sub 
sistence ;  Major  Davidson,  Chief  of  Artillery  ;  Mr. 
J.  N.  Gallaher,  Acting  Aid  ;  Mr.  Moore,  Acting 
Topographical  officer ;  Mr.  J.  Walker  Taylor, 
commanding  a  detachment  of  guides,  and  Mr. 
D.  P.  Buckner,  volunteer  Aid.  Major  Barbour, 
A.  D.  C.  to  Brigadier-General  Tilghman,  though 
wounded,  remained  with  me  on  the  thirteenth. 
I  cannot  bestow  sufficient  praise  upon  Captain 
Porter,  and  Captain  Rice  E.  Graves,  and  their 
officers  and  men,  for  the  gallant  and  efficient 
handling  of  their  batteries.  Artillery  was  never 
better  served,  and  artillerists  never  behaved,  un 
der  trying  circumstances,  with  greater  coolness. 
Porter's  battery,  from  its  more  exposed  position, 
lost  more  than  half  its  gunners  ;  and  its  intrepid 
commander  was  severely  wounded  late  in  the 
afternoon  of  Saturday,  being  succeeded  in  com 
mand  by  the  gallant  Lieutenant  Morton. 

Captain  Jackson's  Virginia  battery,  though 
not  so  frequently  engaged,  is  entitled  to  notice. 

For  an  understanding  of  the  particular  opera 
tions  of  General  Pillow's  division,  I  refer  you  to 
the  reports  of  his  brigade  commanders,  Colonel 
William  E.  Baldwin,  Colonel  A.  Heiman,  Colonel 
John  Gregg,  and  to  the  reports  of  their  subordi 
nate  commanders. 

Accompanying  this  report  is  a  list  of  the 
strength  of  my  division,  and  of  its  killed  and 
wounded.  My  aggregate  force  at  the  beginning 
of  the  contests,  which  was  constantly  diminish 
ing,  did  not  exceed  three  thousand  and  twenty-live 
infantry,  and  two  batteries  artillery.  Two  of  my 
regiments,  in  addition,  eight  hundred  and  forty- 
four  men,  were  constantly  under  the  command  of 


DOCUMENTS. 


431 


General  Pillow.    The  length  of  my  lines  exceeded 
three  fourths  of  a  mile. 

I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

S.  B.  BUCKNER, 

Brigadier-General  C.  S.  A., 

Lately  Commanding  Second  Division  Central  Army  of  Ken 
tucky. 

To  General  S.  COOPER, 

Adjutant  and  Inspector-General,  C.  S.  A., 
Richmond,  Va. 

CORRESPONDENCE  REFERRED  TO  IN  THE  REPORT. 

HEADQUARTERS,  FORT  DONELSON,  I 
February  16,  1862.  J 

SIR  :  In  consideration  of  all  the  circumstances 
governing  the  present  situation  of  affairs  at  this 
station,  I  propose  to  the  commanding  officer  of 
the  Federal  forces  the  appointment  of  commis 
sioners  to  agree  upon  terms  of  capitulation  of  the 
forces  and  post  under  my  command,  and  in  that 
view  suggest  an  armistice  until  twelve  o'clock  to 
day.  I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

S.  B.  BUCKNER, 

Brigadier-General  C.  S.  A. 

To  Brigadier-General  0".  S.  GRANT, 

Commanding  U.  S.  Forces  near  Fort  Donelson. 

REPLY    OF    GENERAL    GRANT  TO  A  PROPOSAL    FOR  AN 
ARMISTICE. 

HEADQUARTERS  ARMY  m  THE  FIELD,       > 
CAMP  NEAR  DONELSON,  February  16,  1862.  j 

General  S.  B.  Buckner,  Confederate  Army  : 

SIR:  Yours  of  this  date,  proposing  armistice 
and  appointment  of  commissioners  to  settle  terms 
of  capitulation,  is  just  received. 

No  terms,  except  unconditional  and  immediate 
surrender,  can  be  accepted.  I  propose  to  move 
immediately  upon  your  works. 

I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

U.  S.  GRANT, 

Brigadier-General. 

[Copy.] 

REPLY    OF    GEN.  BUCKNER    TO    GEN.   U.   S.   GRANT. 

HEADQUARTERS,  | 

DOVER,  TENS,  February  16, 1862.  ) 

To  Brigadier- General  U.  S.  Grant,  U.  S.  A.: 

SIR:  The  distribution  of  the  forces  under  my 
command,  incident  to  an  unexpected  change  of 
commanders,  and  the  overwhelming  force  under 
your  command,  compel  me,  notwithstanding  the 
brilliant  success  of  the  confederate  arms  yester 
day,  to  accept  the  ungenerous  and  unchivalrous 
terms  which  you  propose. 

I  am,  sir,  your  obedient  servant, 

S.  B.  BUCKNER, 

Brigadier-General  C.  S.  A. 

AGREEMENT  OF  GENERAL  GRANT  TO  ALLOW  OFFI 
CERS  TAKEN  AT  DONELSON  TO  RETAIN  THEIR 
SIDE-ARMS,  ETC.,  ETC. 

llSADQUARTERS   ARMY   IN  THK   FlKLD,  I 

FORT  DONELSON,  February  16,  1862.  f 
SPECIAL  ORDER  : 

All  prisoners  taken  at  the  surrender  of  Fort 
Donelson  will  be  collected  as  rapidly  as  practica 
ble  near  the  village  of  Dover,  under  their  respect 


ive  company  and  regimental  commanders,  or  in 
such  manner  as  may  be  deemed  best  by  Briga 
dier-General  S.  B.  Buckner,  and  will  receive  two 
days'  rations,  preparatory  to  embarking  for  Cairo. 
Prisoners  are  to  be  allowed  their  clothing, 
blankets,  and  such  private  property  as  may  bo 
carried  about  the  person,  and  commissioned  offi 
cers  will  be  allowed  their  side-arms. 

By  order,  U.  S.  GRANT, 

Brigadier-General. 
REPORT   OF  LIEUT.-COLONEL  J.  F.  GILMER. 

ENGINEER'S  OFFICB,  ) 

DECATUR,  ALA.,  March  17,  1862.  f 

Colonel  W.  W.  Maclcall,  A.  A.  General,  Western 

Department,  Decatur,  Ala. : 

COLONEL  :  In  obedience  to  General  Johnston's 
orders  of  January  twenty-ninth,  received  at 
Nashville,  I  proceeded  the  next  day  to  Fort  Don 
elson  and  thence  to  Fort  Henry,  to  inspect  the 
works  and  direct  what  was  necessary  to  be  done 
at  both. 

I  arrived  at  Fort  Henry  the  afternoon  of  the 
thirty-first,  when  I  met  Brigadier-General  Tilgh- 
man,  commanding  the  defences  on  the  Tennessee 
and  Cumberland  Rivers.  By  the  exertions  of 
the  Commanding  General,  aided  by  Lieutenant 
Joseph  Dixon,  his  engineer  officer,  the  main  fort 
(a  strong  field-work  of  fine  bastion  front)  had 
been  put  in  a  good  condition  for  defence,  and 
seventeen  guns  mounted  on  substantial  plat 
forms  ;  twelve  of  which  were  so  placed  as  to 
bear  well  on  the  river.  These  twelve  guns  were 
of  the  following  description  :  One  ten-inch  colum- 
biad,  one  rifled  gun  of  twenty-four-pounder  cali 
bre,  (weight  of  ball  sixty-two  pounds,)  two  forty- 
two-pounders,  and  eight  thirty-two-pounders,  all 
arranged  to  fire  through  embrasures  formed  by 
raising  the  parapet  between  the  guns  with  sand 
bags,  carefully  laid. 

In  addition  to  placing  the  main  work  in  good 
defensive  order,  I  found  that  extensive  lines  of 
infantry  cover  had  been  thrown  up  by  the  troops 
forming  the  garrison,  with  a  view  to  hold  com 
manding  ground  that  would  be  dangerous  to  the 
Fort  if  possessed  by  the  enemy. 

These  lines  and  the  main  work  were  on  the 
right  hand  of  the  river,  and  arranged  with  good 
defensive  relations,  making  the  place  capable  of 
offering  a  strong  resistance  against  a  land  attack 
coming  from  the  eastward.  On  the  left  bank  of 
the  river  there  was  a  number  of  hills  within  can 
non  range,  that  commanded  the  river  batteries 
on  the  right  bank. 

The  necessity  of  occupying  these  hills  was  ap 
parent  to  me  at  the  time  I  inspected  Fort  Henry, 
early  in  November  last,  and  on  the  twenty-first 
of  that  month  Lieutenant  Dixon,  the  local  engi 
neer,  was  ordered  from  Fort  Donelson  to  Fort 
Henry,  to  make  the  necessary  surveys,  and  con 
struct  the  additional  works.  He  was  at  the  same 
time  informed  that  a  large  force  of  slaves,  with 
troops  to  protect  them,  from  Alabama,  would  re 
port  to  him  for  the  work,  which  was  to  be  pushed 
to  completion  as  early  as  possible. 

The  surveys  were  made  by  the  engineer,  and 
plans  decided  upon  without  delay,  but  by  some 


432 


REBELLION  RECORD,  1862-63. 


unforeseen  cause  the  negroes  were  not  sent  until 
after  the  first  of  January  last.  Much  valuable 
time  was  thus  lost,  but  under  your  urgent  or 
ders,  when  informed  of  the  delay,  General  Tilgh- 
man  and  his  engineers  pressed  these  defences  for 
ward  so  rapidly,  night  and  day,  that  when  I 
reached  the  Fort,  (thirty-first  January  last,)  they 
were  far  advanced,  requiring  only  a  few  days' 
additional  labor  to  put  them  in  a  state  of  de 
fence.  But  no  guns  had  been  received  that  could 
be  put  in  these  works,  except  a  few  field-pieces ; 
and,  notwithstanding  every  effort  had  been  made 
to  procure  them  from  Richmond,  Memphis,  and 
other  points,  it  was  apprehended  they  would  not 
arrive  in  time  to  anticipate  the  attack  of  the  ene 
my,  which,  from  the  full  information  obtained 
by  General  Tilghman,  was  threatened  at  an  early 
day  either  at  Fort  Henry  or  Fort  Donelson,  or 
possibly  on  both  at  the  same  time.  The  lines  of 
infantry  cover,  however,  which  had  been  thrown 
up  were  capable  of  making  a  strong  resistance, 
even  without  the  desired  artillery,  should  the  at 
tack  be  made  on  that  (the  left)  bank  of  the  river. 
Experimental  firing  with  the  ten-inch  columbiad, 
mounted  in  main  work,  showed  a  defect  in  the 
cast-iron  carriage  and  chapis,  which  threatened 
to  impair  the  usefulness  of  this  most  important 
gun.  With  the  ordinary  charge  of  sixteen  pounds 
of  powder,  the  recoil  was  so  great  as  to  cause 
most  violent  shocks  against  the  rear  heuster, 
threating  each  time  to  dismount  the  piece. 
With  the  aid  of  an  ingenious  mechanic,  clamps 
were  finally  made  which  served  to  resist,  in  some 
degree,  the  violence  of  the  recoil.  With  this  ex 
ception,  the  guns  bearing  on  the  river  were  in 
fair  working  order. 

After  the  batteries  of  the  main  work  were 
mounted,  General  Tilghman  found  much  difficul 
ty  in  getting  competent  artillerists  to  man  them, 
and  he  was  not  supplied  with  a  sufficient  num 
ber  of  artillery  officers. 

Impressed  with  the  great  deficiency  in  the 
preparations  for  defending  the  passage  of  the 
river  at  Fort  Henry,  the  commanding  officer  ex 
pressed  to  me  his  fears  that  it  might  cause  dis 
aster  if  the  place  were  vigorously  attacked  by  the 
enemy's  gunboats.  This  he  thought  his  greatest 
danger. 

In  conjunction  with  General  Tilghman,  I  made 
every  effort  during  the  three  days  I  remained  at 
Fort  Henry,  to  get  all  the  works  and  batteries  in 
as  good  condition  for  defence  as  the  means  at 
hand  would  permit.  The  third  of  February  we 
went  over  to  Fort  Donelson  to  do  the  same.  The 
works  there  required  additions  to  prevent  the 
enemy  from  occupying  grounds  dangerous  to  the 
river  batteries  and  the  field-work,  which  had  been 
constructed  for  the  immediate  defence  landward. 

It  was  also  important  that  better  protection 
should  be  made  for  the  heavy  guns,  (mounted  for 
the  defence  of  the  river,)  by  raising  the  parapet 
with  sand-bags  between  the  guns,  to  give  greater 
protection  to  tt  e  gunners. 

T^-e  tmrd  and  fourth  days  of  February  were 
ievoted  to  making  preparations  for  this  work, 


and  locating  lines  of  infantry  cover  on  the  com 
manding  ground  around  the  Fort. 

In  the  midst  of  these  labors  on  the  fourth, 
heavy  firing  was  heard  in  the  direction  of  Fort 
Henry,  which  warned  General  Tilghman  that 
the  enemy  had  made  his  attack  upon  that  work. 
This  was  soon  confirmed  by  a  report  from  Colo 
nel  Heiman  to  the  effect  that  the  gunboats  had 
opened  fire,  and  that  troops  were  being  landed 
on  the  right  bank  of  the  river,  three  and  a  half 
to  four  miles  below  the  Fort.  The  General  de. 
cided  to  return  to  the  Tennessee  River  at  once, 
and  expressed,  with  some  anxiety,  a  wish  that  I 
would  accompany  him.  I  finally  took  the  re 
sponsibility  of  doing  so,  with  the  hope  that  my 
professional  services  might  possibly  prove  useful 
during  the  defence.  On  arriving  at  Fort  Henry, 
we  found  the  enemy  had  landed  additional  troops 
below,  and  that  every  preparation  was  being  made 
to  attack  by  land  and  water. 

The  necessary  dispositions  for  defence  were  at 
once  entered  upon,  by  making  a  special  organiza 
tion  of  the  troops,  and  assigning  commands  to  the 
officers. 

Early  the  next  morning,  fifth  February,  the 
troops  were  drawn  out  under  arms,  and  inarched 
to  the  respective  points  each  body  was  to  de 
fend — this,  with  a  view  to  insure  order  in  case  it 
became  necessary  to  form  promptly  in  the  face  of 
the  enemy.  The  main  body  of  the  forces  was 
assigned  to  the  defence  of  the  advanced  lines  of 
infantry  cover,  where  they  were  in  a  measure 
beyond  the  range  of  shot  and  shell  from  the  gun 
boats,  and  the  troops  inside  of  the  main  Fort 
were  to  be  limited  to  the  men  who  had  received 
some  instructions  in  the  use  of  heavy  guns,  and 
such  additional  force  as  could  be  useful  in  bring 
ing  up  full  supplies  of  ammunition.  Those  as 
signed  to  the  Fort  were  practised  at  the  battery, 
under  the  immediate  supervision  of  the  command 
ing  officer,  and  each  one  taught,  with  as  much 
care  as  possible,  his  duty  in  anticipation  of  the 
threatened  attack. 

In  such  preparations  the  day  was  consumed, 
and  it  was  only  at  nightfall  that  the  troops  were 
relieved,  to  seek  food  and  rest ;  it  being  quite  ap 
parent  that  the  enemy  would  not  attack  until 
next  day. 

ATTACK    ON    FORT    HENRY,    SIXTH    FEBRUARY,    1862. 

During  the  early  part  of  the  day,  preparations 
of  the  enemy  for  an  advance  with  his  gunboats, 
could  be  observed  from  the  Fort — also,  the  move 
ments  of  troops  at  their  encampments  along  the 
bank  of  the  river  below — making  it  evident  that 
we  were  to  be  attacked  by  land  as  well  as  by 
water. 

About  half-past  eleven  o'clock,  one  of  the  gun 
boats  had  reached  the  head  of  the  island,  about 
one  and  a  third  miles  below  our  batteries,  another 
soon  followed,  then  a  third,  and  a  fourth  —  all 
coming  as  nearly  abreast  as  the  width  of  the  river 
would  permit.  As  soon  as  this  line  was  formed, 
a  rapid  fire  was  opened  upon  our  works,  (about 
half-past  twelve  o'clock,)  which  was  returned  with 


DOCUMENTS. 


spirit  by  our  gunners,  who  were  all  at  their  places, 
eager  for  the  contest.  In  a  short  time  after,  the 
rifled  cannon  burst,  killing  three  of  the  men  at 
the  piece,  and  disabling  a  number  of  others. 

The  effect  of  this  explosion  was  very  serion? 
upon  OUT  artillerists — first,  because  it  made  them 
doubt  the  strength  of  these  large  guns  to  resist 
the  shock  of  full  charges — and  secondly,  because 
much  was  expected  from  the  long  range  of  rifled 
cannon  against  the  gunboats.  Still,  all  stood 
firmly  to  their  work,  under  a  most  terrific  fire 
from  the  advancing  foe,  whose  approach  was 
steady  and  constant. 

From  the  rear  of  their  lines  a  fifth  gunboat 
was  observed  to  be  firing  curvated  shot,  many 
of  which  fell  within  the  work,  but  to  the  rear  of 
our  guns ;  many  shot  and  shell  were  lodged  in 
the  parapet,  making  deep  penetrations,  but  in  no 
case  passing  through,  unless  they  struck  the 
cheek  of  an  embrasure.  One  of  the  thirty-two 
pounder  guns  was  struck  by  a  heavy  shell  pass 
ing  through  the  embrasure.  All  the  gunners  at 
this  piece  were  disabled,  and  the  gun  rendered 
unfit  for  service. 

About  the  same  moment,  a  premature  dis 
charge  occurred  at  one  of  the  forty-two-pounder 
guns,  causing  the  death  of  three  men,  and  seri 
ously  injuring  the  chief  of  the  piece  and  others. 
Not  many  moments  later,  it  was  observed  that 
the  ten-inch  columbiad  was  silent ;  the  cause  of 
which  was  at  once  examined  into  by  General 
Tilghman,  and  it  was  found  that  the  priming 
wire  had  been  jammed  and  broken  in  the  vent. 
A  blacksmith  (I  regret  I  cannot  recall  the  name 
of  the  gallant  soldier)  was  sent  for,  and  he  la 
bored  with  great  coolness  for  a  long  time,  ex 
posed  to  the  warmest  fire  of  the  enemy,  but  in 
spite  of  his  faithful  and  earnest  efforts,  the  broken 
wire  remained  in  the  vent,  making  this  important 
gun  unserviceable  for  the  continued  contest.  By 
this  time  the  gunboats,  by  a  steady  advance,  had 
reached  positions  not  over  six  or  seven  hundred 
yards  from  the  Fort.  Our  artillerists  became 
very  much  discouraged  when  they  saw  the  two 
heavy  guns  disabled,  the  enemy's  boats  appar 
ently  uninjured,  and  still  drawing  nearer  and 
nearer.  Some  of  them  even  ceased  to  work  the 
thirty-two-pounder  guns,  under  the  belief  that 
such  shot  were  too  light  to  produce  any  effect 
upon  the  iron-clad  sides  of  the  enemy's  boats. 

Seeing  this,  General  Tilghman  did  every  thing 
that  it  was  possible  to  do  to  encourage  and  urge 
his  men  to  further  efforts.  He  assisted  to  serve 
one  of  the  pieces  himself  for  at  least  fifteen  min 
utes  ;  but  his  men  were  exhausted,  had  lost  all 
hope,  and  there  were  none  others  to  replace  them 
at  the  guns.  Finally,  after  the  firing  had  con 
tinued  about  an  hour  and  five  minutes,  but  two 
guns  from  ourjbatteries  responded  to  the  rapid 
tiring  of  the  enemy,  whose  shots  were  telling 
with  effect  upon  our  parapets.  It  was  then  sug 
gested  to  the  General  that  all  was  lost,  unless  he 
could  replace  the  men  at  the  guns  by  others  who 
were  not  exhausted.  He  replied,  "  I  shall  not 
give  up  the  work,"  and  then  made  an  effort  to 
gt-t  men  from  the  outer  lines  to  continue  the 


struggle.  Failing  in  this,  he  sent  instructions  to 
the  commanders  of  the  troops  in  the  exterior 
lines  to  withdraw  their  forces.  As  soon  as  this 
movement  was  commenced,  confusion  among  the 
retiring  troops  followed  —  many  thinking  it  in 
tended  for  a  rapid  retreat  to  escspe  from  the  en 
emy's  forces,  expected  to  approach  from  the  point 
of  lar  ling  below.  A  few  moments  later  the  flag 
was  lowered. 

From  information  received,  the  strength  of  the 
enemy  was  estimated  at  nine  thousand  men. 
These  forces  were  advancing  to  cut  off  the  com 
munications  with  Fort  Donelson.  Probably  the 
movement  would  have  proved  a  success,  had  the 
garrison  remained  a  few  hours  longer. 

Our  force  at  Fort  Henry  was  about  three  thou 
sand  two  hundred,  of  which  less  than  one  hun 
dred  were  surrendered  with  the  Fort. 

The  fall  of  Fort  Henry,  and  the  power  of  the 
enemy  to  strike  at  once,  with  an  immense  force, 
at  Fort  Donelson,  made  it  necessary  that  the 
army  at  Bowling  Green  should  be  withdrawn  to 
a  point  which  would  secure  a  prompt  passage  to 
the  Cumberland  River.  The  vicinity  of  Nashville 
seemed  the  proper  position.  If  the  enemy  were 
defeated  at  Donelson,  with  prompt  reenforce- 
ments,  there  was  still  a  hope  that  your  army 
might  resist  the  invader,  and  defend  that  city ; 
if  Donelson  fell,  it  could  be  promptly  passed  to 
the  south  bank  of  the  river. 

DEFENCE  OF  FORT  DONELSON. 

The  capture  of  Fort  Henry  was,  for  the  ene 
my,  a  great  success,  which,  it  was  felt,  would 
embolden  him  to  make  an  early  attack  upon  Fort 
Donelson. 

To  meet  this,  every  effort  was  made  to  strength 
en  the  defences.  Lines  of  infantry  cover  were 
laid  out  on  commanding  grounds  around  the 
place,  and  fatigue-parties  were  daily  employed  in 
their  construction.  To  aid  the  local  engineer  in 
the  work  of  defence,  I  remained  at  the  Fort  the 
seventh,  eighth,  and  ninth  of  February,  when 
General  Pillow  took  command  of  the  whole.  At 
bis  request,  I  asked  and  received  authority  to  re 
main  and  aid  in  the  defence. 

Immediately  on  his  arrival,  the  General  took 
active  measures  to  inform  himself  as  to  the  char 
acter  of  the  defences,  and  had  the  additional 
works  pressed  forward  with  the  greatest  activity. 
Having  received  reinforcements,  and  others  be- 
ng  expected  daily,  the  lines  of  infantry  cover 
were  extended  so  as  to  embrace  the  town  of  Do 
ver,  where  many  of  our  munitions  were  stored. 
The  time  for  these  works  being  decided  upon, 
ihey  were  at  once  pressed  to  completion,  and  the 
batteries  for  the  defence  of  the  river  strength 
ened. 

By  the  night  of  the  twelfth  these  were  in  read 
ness,  and  the  heavy  guns  recently  received  at 
the  Fort  were  mounted.  To  provide  an  ample 
brce  of  artillerists  to  work  the  heavy  guns, 
through  a  long-continued  attack,  General  Pillow 
detailed  Captain  R.  R.  Ross,  and  his  company  of 
well-drilled  men  from  his  battery,  to  aid  in  the 
river  defence.  The  selection  of  this  officer  and 


434 


REBELLION   RECORD,  1862-63. 


his  command  proved  most  fortunate,  as  in  the 
obstinate  attack  that  was  made  by  the  gunboats, 
they  performed  noble  and  effective  service. 

Brigadier-General  Buckner  arrived  at  Fort  Don- 
elson  on  the  afternoon  of  the  twelfth. 

In  the  mean  time,  the  enemy  had  landed  in 
large  force  on  the  bank  of  the  river  below,  and 
other  troops  were  brought  over  from  Fort  Henry. 
The  smoke  of  his  gunboats  was  seen  in  the  dis 
tance,  warning  us  that  a  combined  attack  was  to 
be  expected.  Skirmishes  were  frequent  between 
our  pickets  and  the  enemy's  forces  advancing  to 
meet  us. 

On  the  thirteenth  the  besiegers  opened,  with 
artillery,  upon  our  land  defences ;  and  their  sharp 
shooters  annoyed  our  men  constantly  whenever 
exposed  above  the  infantry  covers,  as  at  the  field 
batteries.  One  of  the  gunboats  commenced  firing 
upon  the  river  batteries  early  in  the  day,  throw 
ing  shot  and  shell  at  long-range. 

The  same  morning  General  Floyd  arrived  with 
reinforcements,  including  three  batteries  of  field- 
artillery,  which  were  placed  in  position  as  prompt 
ly  as  possible.  The  enemy's  fires  were  kept  up 
throughout  the  day,  and  responded  to  with  spirit 
by  our  artillery  and  infantry.  In  the  afternoon 
an  attempt  was  made  to  storm  theintrenchments 
on  the  heights  near  our  centre,  but  failed — the 
assailants  being  handsomely  repulsed.  One  of 
the  guns  in  the  river  batteries  was  struck  by  a 
heavy  shot  from  the  gunboat,  disabling  the  car 
riage,  and  killing  Lieutenant  Joseph  Dixon,  the 
local  engineer  officer.  Our  total  loss  during  the 
day  was  considerable,  but  I  am  unable  to  report 
numbers. 

The  contest  of  the  day  closed.  The  enemy 
had  gained  no  footing  on  our  works,  or  produced 
any  important  impression  upon  them.  But  our 
forces  were  much  fatigued,  having  been  under 
arms  all  day,  and  this  after  three  or  four  days' 
hard  labor  upon  the  intrenchments.  To  add  to 
their  sufferings,  it  turned  suddenly  cold  in  the 
afternoon,  and,  at  dark,  commenced  snowing, 
and  continued  the  greater  part  of  the  night.  In 
clement  as  was  the  weather,  it  was  necessary  (to 
guard  against  surprise)  that  the  troops  should  be 
all  night  in  position  along  the  lines  of  infantry 
cover.  The  next  day,  the  fourteenth,  the  be 
siegers  brought  up  large  reen  for  cements,  just 
landed  from  numerous  transports,  and  extended 
their  lines,  in  great  strength,  toward  their  right, 
enveloping  our  extreme  left.  They  took  posi 
tions  that  placed  it  in  their  power  to  plant  bat 
teries  on  the  river  bank  above,  and  cut  off  our 
communications.  Such  appeared  to  be  their  de 
sign.  In  consequence  of  these  movements  the 
firing  of  the  eneray  was  less  frequent  than  on 
the  previous  day. 

Early  on  this  afternoon  the  gunboats  were  ob 
served  to  be  advancing  to  attack  tho  river  batter 
ies,  and  at  three  o'clock  a  vigorous  fire  was  opened 
from,  five  boats  approaching  echelon.  Our  gun 
ners  reserved  their  fire  until  the  gunboats  had 
come  within  effective  range,  and  then  at  a  signal, 
every  gun  was  fired — twelve  in  number.  This 
fire  told  with  great  effect,  penetrating  the  iron 


sides  of  the  boats.  The  firing  now  became  ter 
riftc — the  enemy  still  advancing.  In  rear  of  the 
five  boats  first  engaged,  a  sixth  was  reported 
throwing  curvated  shot,  which  passed  over  our 
works,  exploding  in  the  air  just  above.  After 
some  time,  one  of  the  boats  was  seen  to  pull 
back,  probably  disabled  by  our  shot.  The  others 
continued  to  advance,  keeping  up  a  rapid  fire. 

Our  batteries  were  well  served,  and  responded 
with  great  effect,  disabling,  as  it  was  believed, 
two  more  of  the  gunboats.  The  engagement 
lasted  until  ten  minutes  after  four  o'clock,  the 
gunboats  having  approached  to  within  three  hun 
dred  or  four  hundred  yards  of  our  guns,  when 
they  withdrew  from  the  contest.  Our  batteries 
were  uninjured,  and  not  a  man  in  them  killed. 

The  repulse  of  the  gunboats  closed  the  opera 
tions  of  the  day,  except  a  few  scattering  shot 
along  the  land  defences.  It  was  evident,  however, 
from  the  movements  of  numerous  bodies  of 
troops  around  our  lines,  that  the  enemy  had  re 
solved  to  invest  us,  and,  when  prepared,  to  at 
tack  us  in  overwhelming  numbers,  or  press  us 
to  a  capitulation  by  cutting  off  'supplies  and  re 
enforcements. 

Generals  Floyd,  Pillow,  and  Buckner  met  in 
council  soon  after  dark ;  I  was  present.  After 
an  interchange  of  views,  it  was  decided  to  attack 
the  enemy  on  his  extreme  right  and  right  centre, 
at  five  o'clock  in  the  morning.  It  was  believed 
that  the  enemy  might  be  driven  back  and  an  op 
portunity  secured  to  withdraw  in  safety  our 
forces ;  that  possibly  greater  advantages  might 
be  gained  by  the  attack,  which,  if  well  followed 
up  on  our  part,  would  result  in  disaster  to  the 
invaders. 

This  being  decided  upon,  the  brigade  com 
manders  were  at  once  sent  for,  and  the  positions 
for  their  respective  commands  in  the  order  of  at 
tack  assigned.  Brigadier-General  Pillow  was  to 
direct  the  movement  against  the  right  of  the  en 
emy  ;  Brigadier-General  Buckner,  that  against 
his  right  centre,  advancing  along  the  Wynn's 
ferry  road.  A  few  regiments  were  to  remain  to 
guard  the  lines. 

About  five  o'clock  next  morning  (the  fifteenth) 
the  left  wing,  under  General  Pillow,  moved  to 
the  attack.  Brisk  fires  were  opened  and  kept  up 
by  the  enemy,  and  responded  to  with  spirit  from 
our  lines,  his  men  generally  overshooting,  while 
ours  were  constantly  warned  to  aim  low. 

The  enemy's  fire,  after  some  time,  extended 
towards  their  extreme  right,  indicating  a  design 
to  turn  our  left.  To  meet  this,  a  body  of  troops, 
under  Brigadier-General  B.  R.  Johnson,  made  a 
flank  movement  and  met  the  foe.  After  a  long 
struggle,  the  enemy  finally  gave  way,  at  first 
falling  back  slowly.  Our  troops  pressed  forward, 
and  about  half-past  nine  o'clock,  his  right  wing 
was  in  full  retreat.  Now,  the  cavalry  on  our 
extreme  left  was  brought  up  and  charged  with 
effect  on  the  retreating  enemy.  Six  field-pieces 
were  captured  at  different  points,  and,  at  a  later 
hour  of  the  day,  brought  within  the  line  of  in 
trenchments.  Our  success  against  the  right 
wing  was  complete. 


DOCUMENTS. 


435 


I  now  accompanied  General  Pillow  across  th< 
field  to  the  point  of  attack  assigned  to  Genera 
Buckner's  division.  On  our  arrival  there,  hif 
division  was  in  rear  of  the  lines  of  infantry  cov 
ers,  the  General  and  his  officers  encouraging  th( 
troops  to  renew  the  attack  on  the  enemy,  whc 
still  held  position  in  their  front.  General  Buck 
Tier  stated,  that  he  had,  soon  after  the  firing  o 
General  Pillow's  forces  was  heard,  opened  on  th< 
enemy  with  artillery,  and  followed  it  up  by  send 
ing  forward  two  of  his  best  regiments  to  the  as 
sault,  that  they  moved  forward  over  the  infantry 
covers  with  spirit,  and  advanced  steadily  and  in 
order  against  the  enemy.  They  were  soon  ex 
posed  to  heavy  fires  of  small  arms,  and  of  a  field 
battery  planted  in  their  front ;  and  they  respond 
ed  well  for  some  time  to  the  volleys  of  the  be 
siegers,  but  finally  their  ranks  were  thrown  into 
confusion,  and  they  fell  back  rapidly  in  rear  ol 
our  intrenchments.  General  Buckner  continued 
to  encourage  his  men,  feeling  that  a  little  time 
was  necessary  to  overcome  the  dispiriting  effects 
of  the  repulse  earlier  in  the  day.  In  the  mean 
time,  the  fires  of  our  left  wing  were  heard  stead 
ily  advancing,  driving  the  enemy  back  upon  his 
right  centre.  This  was  referred  to  with  encour 
aging  effect  upon  General  Buckner's  division. 
Artillery  fires  were  kept  up  against  the  enemy  in 
his  front,  and  soon  afterward  he  moved  forward 
with  his  division  to  renew  the  attack.  The  ene 
my  being  now  pressed  in  front  of  his  centre  by 
this  advance,  and  on  his  right  flank  by  the  pur 
suing  forces  of  General  Pillow's  division,  retreat 
ed  rapidly  for  some  distance  toward  his  left  wing ; 
but,  receiving  heavy  reinforcements,  the  pursuit 
was  checked,  and  finally  the  retreating  foe  made 
a  firm  stand,  opening  from  a  field-battery,  strong 
ly  supported  by  masses  of  infantry. 

About  one  o'clock  an  order  was  given  by  Gen. 
Pillow,  recalling  our  forces  to  the  defensive  lines. 
Our  forces  having  returned,  they  were  ordered 
to  the  positions  they  occupied  the  day  previous, 
involving  a  march  of  over  a  mile  for  the  troops 
on  the  extreme  right.  The  enemy  at  the  same 
time  advanced  with  his  reinforcements  to  attack 
that  flank,  and  by  a  prompt  movement  succeeded 
in  effecting  a  lodgment  within  the  lines  just  as 
our  exhausted  forces  arrived. 

A  vigorous  attempt  to  dislodge  him  failed,  and 
at  length  our  men,  having  suffered  much,  fell 
back,  leaving  him  in  possession  of  that  portion 
of  our  defences.  The  advantage  gained  by  the 
enemy  placed  him  in  position  to  assault  our  right 
in  full  force  with  his  fresh  troops  next  morning. 
Such  was  the  condition  of  affairs  when  the  dark 
ness  of  night  closed  the  bloody  struggle  of  the 
day.  In  course  of  the  night  Generals  Floyd, 
Pillow,  and  Buckner  met  in  council.  I  was  not 
present. 

The  following  morning  about  three  o'clock  I 
was  told  by  General  Pillow  that  a  surrender  had 
been  decided  on.     He  invited  me  to  join  himself 
and  staff,  as  they  were  not  included  in  the  pro 
posed  surrender.     This  I  accepted,  and  accom- 
Janied  him  to  Clarksville  and  Nashville,  where 
had  the  honor  to  report  to  you  in  person. 


From  information  received,  the  strength  of  the 
enemy  at  Donelson  was  estimated  to  be  about 
fifty  thousand.  Our  effective  force  was  about 
fifteen  thousand. 

The  surrender  at  Fort  Donelson  made  Nash 
ville  untenable  by  the  forces  under  your  com 
mand.  Situated  in  a  wide  basin,  intersected  by 
a  navigable  river  in  possession  of  the  invader — • 
approached  from  all  directions  by  good  turnpike 
roads,  and  surrounded  by  commanding  hills,  in 
volving  works  of  not  less  than  twenty  miles  in 
extent,  the  city  could  not  be  held  by  a  force  less 
than  fifty  thousand.  With  all  the  reenforcernents 
to  be  hoped  for,  your  army  could  not  be  raised 
to  that  number  before  the  place  would  have  been 
attacked  by  heavy  forces  of  the  enemy,  both  by 
land  and  water.  The  alternative  was  to  with 
draw  to  the  interior  of  the  State  of  Tennessee. 
J.  F.  GILMER, 

Lieutenant-Colonel  and  Chief  Engineer,  Western  Department. 

REPORT  OP  G.  C.  WHARTON. 

HEADQUARTERS  FIRST  BRIGADE,  FLOYD'S  DIVISION,  1 
CAMP  NEAR  MURFRKESBORO, 

TENNESSEE,  February  22,  1862.  ) 

Brigadier- General  John  B.  Floyd: 

SIR  :  I  have  the  honor  to  submit  the  follow 
ing  report  of  the  participation  of  this  brigade  in 
the  engagement  at  Fort  Donelson  : 

The  advance  of  the  brigade,  the  Fifty-first 
regiment  Virginia  volunteers,  reached  Dover, 
one  mile  from  the  Fort,  about  eleven  P.M.,  on 
Friday,  the  seventh,  and  immediately  reported  to 
Brigadier-General  B.  R.  Johnson,  who  was  then 
in  command,  and  was  ordered  to  encamp  near 
the  wharf.  About  four  P.M.,  on  the  eighth,  the 
Fifty-sixth  regiment  Virginia  volunteers  arrived, 
and  was  ordered  to  encamp  near  the  Fifty-first. 
From  Saturday  to  Wednesday  following  there 
was  skirmishing  between  our  cavalry  pickets  and 
the  enemy.  On  Wednesday  our  pickets  were 
driven  in,  and  the  enemy  reported  advancing  in 
force ;  the  brigade  was  then  ordered  to  take 
position  on  the  left  of  Brigadier-General  Buck 
ner's  division,  and  near  the  centre  of  our  line  of 
defence.  Soon  after  taking  position  the  enemy 
commenced  to  throw  shot  and  shell,  which  did 
no  execution  ;  Captain  Porter's  battery  was  then 
ordered  to  take  the  position  which  had  been 
assigned  to  this  brigade,  and  we  were  ordered  to 
;he  support  of  the  left  wing,  commanded  by 
Brigadier-General  Johnson.  We  were  engaged 
during  the  evening  and  night  in  constructing 
breastworks  and  rifle-pits  ;  during  Thursday  we 
were  under  a  heavy  fire  from  the  enemy's  batter- 
es.  There  were  also  frequent  engagements  with 
;he  infantry,  in  all  of  which  the  enemy  were 
repelled. 

Thursday  night  we  remained  again  in  the 
ditches  ;  on  Friday  there  was  skirmishing  with 
,he  infantry  and  sharp-shooters,  and  occasionally 
sharp  firing  from  the  batteries.  On  Friday  even- 
ng  occurred  the  terrific  cannonading  between, 
,he  gunboats  and  the  Fort,  some  of  the  shells 
rom  the  boats  exploding  in  and  near  our  line-1, 
but  doing  no  injury.  On  Saturday  morning, 
at  four  A.M.,  the  brigade  was  withdrawn  fiom 


436 


REBELLION  RECORD,  1862-63. 


the  ditches  and  placed  in  line  by  order  of  Briga 
dier-General  Pillow,  to  make  an  attack  on  the 
enemy's  extreme  right  flank.  Colonel  Baldwin's 
brigade  was  placed  in  advance ;  this  brigade 
followed  next ;  about  six  o'clock  the  column  was 
put  in  motion.  We  had  scarcely  passed  beyond 
the  line  of  our  defence  when  the  skirmishers  of 
Colonel  Baldwin's  brigade  engaged  the  enemy's 
pickets.  In  a  few  minutes  the  engagement 
became  general ;  we  were  then  ordered  to  deploy 
and  advance,  which  was  done  with  spirit  and 
promptness.  The  enemy,  after  a  very  obstinate 
resistance,  was  forced  to  retire,  but  were  either 
rallied  or  reenforced  on  the  several  ridges  from 
which  they  were  again  and  again  driven.  Our 
men,  cheering  as  they  charged,  pursued  them 
nearly  two  miles,  when  orders  were  received 
that  we  should  retire  to  our  intrenchments.  The 
brigade  was  very  much  exhausted,  having  been 
under  fire  or  in  the  ditches  for  more  than  four 
days.  The  loss  of  the  Fifty-first  was  nine 
killed,  forty-three  wounded,  and  five  missing  ;  of 
the  Fifty-sixth,  three  men  were  killed,  thirty- 
seven  wounded,  and  one  hundred  and  fifteen 
missing.  Lieutanant-Colonel  J.  W.  Massie  com 
manded  the  Fifty-first  regiment.  His  bearing 
was  most  chivalric  and  gallant.  Captain  G.  W. 
Davis  gallantly  led  the  Fifty-sixth  regiment. 
Lieutenant  August  Vosberg,  attached  to  the 
brigade  as  engineer  officer,  rendered  very  effi 
cient  service  in  rallying  and  leading  the  men,  and 
throughout  the  day  distinguished  himself  for 
gallantry  and  acts  of  daring.  To  mention  the 
many  individual  instances  of  heroism  and  daring 
would  too  much  lengthen  this  report ;  therefore, 
suffice  it  to  say,  that  all  the  officers  and  men  of 
both  regiments  behaved  with  commendable  cool 
ness  and  bravery. 

Captain  S.  H.  Newberry,  Lieutenants  Hender 
son  and  Painter  of  the  Fifty-first,  were  wounded  ; 
Captain  D.  C.  Harrison  was  mortally  wounded 
whilst  leading  his  men  to  a  charge.  Lieutenants 
Ferguson  and  Haskins  were  also  wounded.  A 
number  of  improved  arms  were  captured  and 
brought  to  camp. 

On  Sunday  morning,  the  sixteenth,  the  brigade 
was  ordered  from  Fort  Donelson  to  Nashville, 
where  valuable  service  was  rendered  in  guarding 
and  shipping  government  stores. 

Thursday,    the    twentieth,    the    brigade    was 
ordered  to  this  place,  where  we  are  now  in  camp. 
Respectfully  submitted, 

G.  C.  WHARTON, 

Colonel  Commanding  Brigade. 

REPORT  OP  COLONEL  JOHN  McCAUSLAND. 

HEADQUARTERS  SECOND  BRIGADE,  FLOYD'S  DIVISION,  ) 
MUBFRKESBORO,  TENNESSEE,  February  23.  J 

Brigadier -General  John  B.  Floyd: 

SIR  :  I  have  the  honor  to  submit  the  following 
report  of  the  action  of  this  brigade,  on  the  thir 
teenth,  fourteenth,  and  fifteenth  of  February, 
1862,  in  the  engagement  near  Fort  Donelson, 
between  the  confederate  States  forces  and  United 
States  forces  under  General  Grant.  On  the 
morning  of  the  thirteenth  I  received  your  orders 


to  proceed  at  once  from  Cumberland  City  to  For; 
Donelson,  where  we  arrived  at  daylight,  and 
were  at  once  ordered  to  the  trenches.  This 
brigade  was  posted  as  a  support  to  Green's  bat 
tery  on  the  left  wing.  During  the  entire  day 
the  enemy  kept  up  an  incessant  fire  of  shot  and 
shell  upon  the  battery  and  its  support ;  the  men 
and  officers  behaved  well  under  the  circumstan 
ces,  and  soon  became  accustomed  to  the  firing. 
There  were  five  men  wounded  during  the  day. 
On  the  fourteenth  there  was  continued  skirmish 
ing  with  artillery  and  musketry.  About  two 
o'clock  P.M.,  the  gunboats  commenced  a  heavy 
bombardment  of  the  Fort,  the  shells  passing  over 
and  taking  the  line  of  works  in  reverse,  and  many 
passing  over  and  through  this  brigade  ;  however, 
we  suffered  no  loss,  and  gathered  several  large 
shells,  (sixty-fours  I  think.)  About  dark,  another 
battery  was  posted  in  front  of  our  position,  and 
during  the  night  it  was  placed  behind  a  good 
earth-work,  thrown  up  by  the  men.  About  mid 
night,  I  received  orders  to  concentrate  my  brigade 
near  the  left  wing,  which  was  done  promptly, 
and  at  daylight  of  the  morning  of  the  fifteenth, 
the  column  under  General  Pillow  sallied  from 
the  left  and  engaged  the  enemy  in  a  short  space 
of  time. 

This  brigade  was  a  reserve  for  Colonel  Bald 
win's  brigade,  but  the  enemy  pressing  his  right, 
I  at  once  moved  up  to  his  support  and  engaged 
the  enemy  posted  in  thick  undergrowth  and  a 
rough  and  rolling  country.  I  ordered  the  firing 
to  commence  as  soon  as  the  enemy  was  in  sight. 
They  were  advancing  Justin  front  of  the  Thirty- 
sixth  Virginia  regiment.  They  in  a  short  time 
were  checked,  and  then  I  ordered  a  charge  upon 
them ;  the  men  came  up  with  a  shout  and 
charged  the  enemy,  routed  him,  and  pursued 
him  for  two  miles,  when  we  were  called  back  by 
order  of  General  Pillow.  The  Thirty-sixth  Vir 
ginia  regiment  had  fourteen  killed  and  forty-six 
wounded.  On  Sunday  morning  this  brigade  was 
ferried  across  the  river,  and  are  now  arriving  at 
this  camp.  Lieutenant-Colonel  Hied  was  wound 
ed  about  the  close  of  the  action.  He  and  Major 
Smith  behaved  gallantly  during  the  day ;  in  fact, 
men  and  officers  all  behaved  well.  We  captured 
one  field  gun  and  two  hundred  Enfield  muskets. 
I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

JOHN  MCCAUSLAND, 

Commanding  Second  Brigade. 

REPORT  OF  COLONEL  W.   E.   BALDWIN. 

FORT  WARREN,  BOSTON  HARBOR,  ) 
March  12,  1SC2.  f 

Major  George  B.  Cosby,  A.  A.  General  : 

SIR  :  Left  by  General  Buckner  at  Cumberland 
City,  on  the  eleventh  of  February.  On  the  night 
of  the  twelfth  instant,  I  received  orders  by  tele 
graph  from  Brigadier-General  Pillow,  command 
ing  at  Fort  Donelson,  to  hasten  to  that  place 
with  two  regiments  of  my  command.  The 
Twenty-sixth  Tennessee,  Colonel  Lillard,  and  the 
Twenty-sixth  Mississippi,  Colonel  Reynolds,  were 
immediately  embarked  and  arrived  at  Dover 


DOCUMENTS. 


437 


about  one  o'clock  in  the  morning  of  Thursday, 
the  thirteenth.  These  regiments  were  at  first 
posted  immediately  on  the  left  of  the  centre  of 
our  lines  of  rifle  trenches,  as  a  support  to  one 
of  our  batteries.  This  disposition  was  changed 
after  daylight  the  same  morning ;  the  Twenty- 
sixth  Mississippi  being  placed  in  the  trenches  on 
the  extreme  left,  and  the  Twenty-sixth  Ten 
nessee  placed  in  reserve  as  a  support  to  the 
former. 

About  nine  o'clock  A.M.,  the  enemy  commenced 
a  brisk  artillery  fire,  apparently  on  our  whole 
line.  This  fire,  kept  up  with  but  little  intermis 
sion  throughout  the  entire  day,  produced  but 
little  effect  upon  the  left  until  late  in  the  even 
ing,  when,  the  enemy  having  reduced  his  charges, 
several  of  the  shells,  which  had  previously  passed 
too  high,  fell  in  our  midst,  mortally  wounding 
one  man  and  slightly  wounding  two  others  in 
Colonel  Lillard's  regiment. 

On  the  fourth  the  fire  was  not  renewed.  About 
noon,  General  Pillow  directed  the  left  wing  to 
be  formed  in  the  open  ground  to  the  left  and 
rear  of  our  position  in  the  lines,  for  the  purpose, 
apparently,  of  attacking  the  enemy's  right.  My 
command,  to  which  the  Twentieth  Mississippi, 
Major  Brown,  was  temporarily  attached,  consti 
tuted  the  advance,  in  the  following  order ;  first, 
the  Twenty-sixth  Mississippi ;  second,  the  Twen 
ty-sixth  Tennessee ;  third,  the  Twentieth  Mis 
sissippi. 

Formed  in  column  by  platoon,  we  advanced  in 
a  road  leading  from  a  point  about  two  hundred 
}Tards  from  the  left  of  our  trenches,  and  approach 
ing,  nearly  perpendicular,  the  enemy's  right. 
We  had  proceeded  not  more  than  one  fourth  of  a 
mile,  when  General  Pillow  ordered  a  counter 
march,  saying  that  it  was  too  late  in  the  day  to 
accomplish  any  thing ;  and  we  returned  to  our 
former  position  in  the  lines. 

Late  that  night  commanders  of  brigades  were 
summoned  to  a  council  at  General  Pillow's  head 
quarters,  where,  after  being  duly  advised  of  our  per 
ilous  situation,  enveloped  by  a  largely  superior 
force,  which  was  being  constantly  increased,  and 
our  communications  already  at  the  mercy  of  the  en 
emy,  it  was  unanimously  determined  to  endeavor 
to  extricate  the  army  by  a  bold  and  vigorous  at 
tack  on  the  right  of  the  Federal  lines  early  on 
the  morrow. 

The  regiments  composing  our  left  wing  were 
to  form  at  four  o'clock  A.M.,  on  the  same  ground 
and  in  the  same  order  as  on  the  previous  even 
ing,  and  to  advance,  under  command  of  General 
Pillow,  to  attack  the  extreme  right  of  the  enemy, 
supposed  to  be  posted  in  force  at  a  distance  of 
one  and  a  half  or  two  miles. 

This  movement  was  to  be  supported  by  our 
right  wing  under  General  Buckner,  who  was  to 
move  from  the  lines  at  a  later  period,  follow 
up  the  first  blow,  and,  should  the  combined 
movement  not  prove  successful  in  creating  a 
panic  in  the  enemy's  ranks,  a  way  might  at  least 
be  opened  by  turning  his  right  for  the  egress  of 
our  whole  force.  In  anticipation  of  thus  attempt- 
ng  our  escape,  the  men  were  directed  to  take 


knapsacks,  blankets,  and  all  the  rations  that 
could  be  immediately  provided. 

Precisely  at  ten  minutes  past  four  o'clock  on 
the  morning  of  Saturday,  the  fifteenth,  General 
Pillow  arrived  on  the  ground,  and  "jund  m^ 
three  regiments,  which  were  to  constitute  the 
advance,  formed  and  ready  to  march.  Some  de 
lay  was  caused  by  regiments  not  arriving  prompt 
ly,  and  it  was  six  o'clock  before  the  column  was 
put  in  motion.  Marching  by  the  right  flank  in  a 
narrow  and  obstructed  by-road,  the  head  of  the 
column  had  advanced  not  more  than  one  third 
of  a  mile,  when,  ascending  a  slight  elevation,  the 
advanced-guard,  composed  of  a  company  of  the 
Twenty-sixth  Mississippi  deployed,  was  fired 
upon  by  what  was  supposed  at  first  to  be  only  the 
enemy's  pickets.  A  second  company  of  the 
same  regiment  was  immediately  thrown  forward 
to  support  the  first ;  but  both  were  soon  driven 
back  by  a  brisk  and  well-sustained  fire,  which 
indicated  the  presence  of  considerable  force. 
Meanwhile  the  column  was  formed  by  company, 
and  the  leading  regiment  deployed  into  line  to 
the  right.  This  method  of  forming  line  of  battle 
was  rendered  advisable  by  the  peculiar  features 
of  the  ground,  which  sloped  gently  to  the  right, 
thickly  covered  with  timber.  About  ten  yards 
to  the  left  of  the  road,  and  running  nearly  paral 
lel,  wras  a  fence,  which  bounded  on  that  side  an 
open  field  of  some  four  hundred  or  five  hundred 
acres  extent.  This  field  afforded  no  protection 
to  our  troops  if  brought  "forward  into  line,"  but 
would  expose  them,  in  executing  the  movement, 
to  a  destructive  fire,  should  the  enemy  have 
taken  advantage  of  the  position. 

In  executing  the  deployment,  the  Twenty- 
sixth  Mississippi  was  three  times  thrown  into 
confusion  by  the  close  and  rapid  fire  of  the  en 
emy  taking  the  men  in  flank,  and  three  times 
were  they  rallied,  finishing  the  movement  some 
fifty  yards  to  the  rear,  and  a  little  to  the  right 
of  the  exact  point  where  their  line  should  have 
been  placed.  The  subsequent  conduct  of  this 
regiment  fully  demonstrates  the  fact  that  any 
other  than  forward  movements  are  extremely 
dangerous  with  volunteers,  for  during  the  re 
mainder  of  the  day  both  officers  and  men  be 
haved  with  great  coolness  and  gallantry. 

The  Twenty-sixth  Tennessee  was  then  brought 
forward  and  five  companies  deployed  so  as  to  oc 
cupy  the  space  between  the  fence  on  the  left, 
and  the  Twenty-sixth  Mississippi  on  the  right, 
leaving  the  remaining  five  companies  in  column 
in  the  road  to  strengthen  that  point,  which  would 
evidently  become  the  centre  and  pivot  of  opera 
tions. 

Soon  after  this  disposition  was  completed,  a 
staff-officer  having  been  sent  to  advise  General 
Pillow  that  the  enemy  was  before  us  in  force, 
other  regiments  were  sent  forward  from  the  rear 
of  the  column  to  right  and  left.  Colonel  McCaus- 
land,  of  Virginia,  with  his  command,  formed  on 
the  right  of  the  Twenty-sixth  Mississippi ;  the 
First  Mississippi,  Colonel  Gregg's  Texas,  and 
Lieutenant-Colonel  Lyon's  Eighth  Kentucky  regi 
ments  were  formed  still  farther  to  our  right,  the 


438 


REBELLION  RECORD,  1SG2-63. 


latter  regiment  thrown  back  perpendicularly  to 
our  line,  to  prevent  the  enemy  taking  advantage 
of  the  cover  afforded  by  the  slope  of  the  ground 
to  turn  our  right. 

The  Twentieth  Mississippi  was  sent  into  action, 
as  I  have  since  learned,  by  direct  order  of  Gen 
eral  Pillow,  and  caused  to  take  position  in  the 
field  on  the  left,  where  they  were  openly  exposed 
to  a  destructive  fire,  which  they  were  not  able 
to  return  with  effect  The  regiment  was  soon 
recalled,  but  not  before  its  left  wing  had  suffered 
heavy  loss.  Our  line  advanced  some  fifty  or  one 
hundred  yards  up  the  slope,  and  remained  station 
ary  for  more  than  an  hour,  the  position  of  the 
enemy  being  so  well  chosen  and  covered,  that  it 
seemed  impossible  to  gain  an  inch  of  ground.  A 
small  detachment  of  Virginia  troops  on  the  left 
of  the  Twenty-sixth  Tennessee,  and  in  the  open 
field,  twice  endeavored  to  gain  ground  forward  to 
a  point  where  their  fire  could  be  effective,  but 
were  unable  to  stand  the  destructive  effect  of  the 
Minie-balls. 

At  this  juncture  the  Twentieth  Mississippi 
again  came  up  across  the  field,  and  took  posses 
sion,  slightly  covered  by  an  irregularity  of  the 
ground. 

Observing  a  regiment  or  more  of  our  troops 
posted  inactive  some  three  hundred  or  four  hun 
dred  yards  still  more  to  our  left,  where  the  shal 
low  ravine  (which  covered  our  front)  spread  out 
arid  was  lost  in  the  plain,  I  requested  the  com 
manding  officer  to  throw  forward  his  left,  and 
advance  up  the  hollow  in  a  direction  nearly  par 
allel  to  our  line  of  battle,  and  attacking  the  ene 
my's  right  flank.  This  movement  being  support 
ed  by  the  whole  line — all  the  regiments  on  the 
left  throwing  forward  their  left  wings — we  suc 
ceeded  in  executing  a  change  of  front  to  the 
right,  turning  the  right  of  the  enemy,  and  driving 
him  at  once  from  his  position. 

Up  to  this  time  our  condition  was  one  of  ex 
treme  peril,  and  nothing  but  the  native  gallantry 
of  troops,  brought  forth  the  first  time  under 
heavy  fire,  and  the  extraordinary  exertions  of 
many  of  the  field  and  company  officers,  saved  us 
from  being  thrown  back  in  confusion  into  our 
trenches. 

From  this  time  the  enemy  were  slowty  driven 
from  each  position,  which  the  ground,  favorable 
for  defence,  enabled  them  to  take.  Two  sections 
of  artillery  were  taken.  These,  placed  to  bear  on 
our  lines  of  rifle  trenches,  were  rushed  upon  in 
flanks  and  seized  before  they  could  be  turned 
upon  us,  or  be  taken  from  the  field.  The  first 
section  was  taken  by  the  Twenty-sixth  Tennessee, 
the  second  by  the  Twenty-sixth  Mississippi. 
Advancing  in  a  direction  nearly  parallel  to  our 
line  of  defence,  when  nearly  opposite  the  centre, 
our  course  was  for  some  time  impeded  by  the 
desperate  stand  made  by  the  enemy,  who  was 
probably  reenforced,  and  occupying  ground  most 
favorable  for  sheltering  his  troops.  Our  ammu 
nition  had  been  so  rapidly  expended  as  to  entire 
ly  exhaust  the  supply  of  some  regiments.  Num 
bers  had  provided  themselves  from  the  cartridge- 
boxes  of  the  dead  and  wounded  enemy. 


Our  force  had  been  considerably  reduced  by 
casualties,  and  the  numerous  attendants  who 
conveyed  the  wounded  from  the  field.  Having 
no  mounted  officer  to  send,  I  rode  up  to  where 
Captain  Graves's  battery  was  posted  in  the 
trenc  nes,  and  requested  supplies  of  ammunition 
and  reinforcements,  if  any  could  be  spared,  giv 
ing  Captain  Graves  an  intimation  as  to  the  rela 
tive  positions  of  the  forces  engaged.  Immediate 
ly  on  my  return  he  opened  a  fire  of  grape,  which 
so  disordered  the  enemy  that  we  were  again  en 
abled  to  advance,  driving  him  from  his  camp  of 
the  night  before. 

He  took  a  new  position,  still  further  retired, 
holding  it  for  some  time,  until  Colonel  Hanson, 
with  the  Second  Kentucky  regiment  coming  to  our 
assistance,  poured  a  fire  into  the  enemy's  flank, 
who  immediately  fled  in  confusion. 

This  completed  the  rout  of  the  extreme  right 
of  the  Federal  forces.  Uncertain  as  to  the  move 
ments  of  our  right  wing,  I  paused,  to  obtain  the 
information  necessary  to  render  our  future  move 
ments  effective,  and  to  restore  order  from  the 
confusion  incident  to  a  continuous  combat  of 
nearly  six  hours  in  the  woods. 

Here,  General  B.  R.  Johnson  came  up  to  me 
for  the  first  time,  although  I  learn  that  he  had, 
at  different  times  during  the  morning,  directed 
other  portions  of  the  line.  He  could  give  no  in 
formation,  but  soon  after,  whilst  my  attention 
was  directed  to  the  Twenty-sixth  Mississippi  and 
Twenty-sixth  Tennessee,  moved  off  all  the  other 
regiments,  including  the  Twentieth  Mississippi. 
I  saw  no  more  of  these  during  the  remainder  of 
the  day. 

After  the  lapse  of  an  hour,  observing  troops 
from  the  right  returning  to  their  original  posi 
tions  in  the  lines,  I  directed  the  two  regiments 
left  with  me  also  to  return  to  the  trenches. 

Three  times  during  the  day  I  had  sent  a  staff- 
officer  to  General  Pillow  for  instructions,  advising 
him  of  our  situation.  But  no  orders  or  directions 
were  received  from  him,  except  to  do  "  the  best 
I  could." 

Being  totally  unacquainted  with  the  topo 
graphical  features  of  the  ground,  unadvised  as  to 
the  movements  of  the  general  command,  it  was 
impossible  for  me  to  do  more  than  simply  dis 
lodge  the  enemy,  as  from  time  to  time  he  had 
made  a  stand  before  us. 

I  would  beg  leave  to  remark  here  that  the  effi 
ciency  of  the  smooth-bore  musket,  and  ball  and 
buck-shot  cartridges,  was  fully  demonstrated  on 
this  occasion,  and  to  reccommend  that  our  troops 
be  impressed  with  the  advantage  of  closing  rapid 
ly  upon  the  enemy,  when  our  rapid  loading  and 
firing  proves  immensely  destructive,  and  the 
long-range  arms  of  the  enemy  lose  their  superi 
ority. 

For  lists  of  killed  and  wounded,  and  minor  de 
tails,  recounting  the  conduct  of  subaltern  officers 
and  men,  I  beg  leave  respectfully  to  refer  to  re 
ports  of  regimental  commanders,  which  accom 
pany  this  report. 

Justice  requires  that  I  should  refer  to  the  cool 
ness  and  gallantry  of  Colonel  Jno.  M.  Lillard, 


DOCUMENTS. 


439 


who,  wounded  in  the  early  part  of  the  engage 
ment,  remained  at  the  head  of  his  command  dur 
ing  the  whole  day.  It  is  difficult  to  determin 
which  deserves  most  commendation,  this  regi 
ment  or  its  commander. 

Lieutenant-Col.  Boone  and  Major  Parker,  Twen 
ty-sixth  Mississippi,  both  conducted  themselves 
as  officers  and  brave  men,  and  this  regiment  bore 
its  part  well  in  the  conflict. 

Major  Brown,  commanding  the  Twentieth  Mis 
sissippi,  is  entitled  to  honorable  mention  ;  his  lef 
wing  thrown,  in  the  early  part  of  the  day  into  an 
exposed  position,  by  an  ill-advised  order,  held  its 
ground  until  recalled,  and  afterward  the  whole 
regiment  was  among  the  foremost  in  every  ad 
vance.  I  cannot  forbear  to  mention  that  Colone 
McCausland's  ( — )  Virginia,  not  assigned  to  my 
command,  voluntarily  tendered  his  cooperation, 
and  was  conspicuous  for  his  daring  intrepidity. 
The  members  of  my  staff  deserve  especial  notice. 
Lieutenant  S.  D.  Harris,  Fourteenth  Missis 
sippi,  Acting  Assistant  Adjutant-General,  was 
of  great  assistance.  He  merited,  and  has  receiv 
ed  my  thanks.  So,  likewise,  did  Thomas  A. 
Burke,  a  private  in  company  I,  Fourteenth  Mis 
sissippi,  appointed  an  acting  aid-de-camp.  T.  F. 
Carrington,  a  private  in  company  K,  Fourteenth 
Mississippi,  also  an  acting  aid-de-camp,  was  se 
verely,  I  fear  mortally,  wounded,  in  the  early 
part  of  the  action,  an  accident  which  deprived  me 
of  the  services  of  a  valuable  aid. 

Captain  D.  H.  Spence,  of  Murfreesboro,  Tenn., 
volunteer  aid,  was  severely  wounded  in  the  head 
while  gallantly  exposing  himself  on  the  top  of  a 
fence,  and  urging  " Tennesseans,  onward!" 

My  own  regiment,  the  Fourteenth  Mississippi, 
Major  Doss,  was  sent  to  Fort  Donelson  some  days 
in  advance  of  my  arrival.  The  Forty-first  Ten 
nessee,  Colonel  Farquharson,  was  brought  down 
on  the  thirteenth. 

Both  regiments  were  posted  on  the  right,  and 
thus  temporarily  separated  from  my  command. 

Neither  representations  nor  solicitations  on  my 
part  could  avail  in  inducing  such  change  as  would 
reunite  these  regiments,  or  place  me  where  I  de 
sired  to  be,  under  the  immediate  direction  of  my 
proper  commander. 

The  reports  of  these  latter  regiments  have  been 
made  to  Colonel  John  C.  Brown,  commanding 
Third  brigade,  under  whose  orders  they  were  tem 
porarily  placed. 

A  condensed  statement  of  killed  and  wounded 
is  annexed.     Respectfully,  your  obed't  servant, 
W.  E.  BALDWIN, 

Colonel  Commanding   Second   Brigade,  General  Buckner's  Di 
vision. 

SUMMARY    OF   KILLED    AND    WOUNDED SATURDAY, 

FEBRUARY  15,   1862. 

Officers:  Twenty-sixth  Tennessee,  in  action, 
thirty-three ;  wounded,  seven.  Twenty-sixth  Mis 
sissippi,  in  action,  39  ;  killed,  one  ;  wounded,  one. 
Twentieth  Mississippi,  in  action,  thirty-one;  killed, 
one;  wounded  five.  Staff,  five;  wounded  two. 
Total  in  action,  one  hundred  and  eight ;  killed, 
two ;  wounded,  fifteen. 

Non-commissioned  officers  and  privates :  Twen 


ty-sixth  Tennessee,  in  action,  three  hundred  and 
seventy-seven;  killed,  eleven;  wounded,  seventy- 
eight.  Twenty-sixth  Mississippi,  in  action,  four 
hundred  and  four ;  killed,  eleven  ;  wounded,  sixty- 
eight.  Twentieth  Mississippi,  in  action,  four  hun 
dred  and  sixty-nine ;  killed,  eighteen  ;  wounded, 
fifty-five.  Total  in  action,  one  thousand  two  hun 
dred  and  fifty ;  killed,  forty ;  wounded,  two  hun 
dred  and  one.  Aggregate  in  action,  one  thousand 
three  hundred  and  fifty-eight ;  killed,  forty-two  • 
wounded,  two  hundred  and  sixteen. 

REPORT    OP    COLONEL    JOHN   M.    LILLARD. 

To  Colonel  W.  E.  Baldwin,  Fourteenth  Missis 
sippi,  Commanding  Brigade: 
The  regiment  went  into  action  on  Saturday, 
February  fifteenth,  1862,  with  four  hundred,  in 
cluding  field  and  staff,  etc.     There  were  eleven 
killed  and  eighty  five  wounded,  many  mortally, 
who  have  since  died.     Total  killed  and  wounded, 
(96)  ninety-six. 

The  enemy  were  driven  back  by  us,  their  right 
wing  being  driven  on  their  centre  and  left,  mak 
ing  repeated  stands,  and  being  repeatedly  routed, 
in  which  this  regiment  captured  two  brass  can 
non,  two  flags,  the  instruments  of  a  band,  and 
several  prisoners.  Of  the  conduct  of  the  regi 
ment  in  action,  it  is  left  for  the  brigade  command 
er  to  speak.  Respectfully  submitted, 

JOHN  M.  LILLARD, 

Colonel  Twenty-sixth  Regiment  Tennessee  Volunteers. 

REPORT    FROM    MAJOR  W.    M.    BROWN. 

RICHMOND,  VA.,  April  12, 1862. 

To  General  G-  W.  Randolph,  Secretary  of  War, 
C.  S.  A.. : 

I  am  directed  by  his  Excellency,  President  Davis 
;o  make  your  department  a  report  of  the  part  taken 
by  the  Twentieth   Mississippi   regiment  in  the 
engagement  with  the  enemy  at  Fort  Donelson, 
February  thirteenth,   fourteenth,  and   fifteenth, 
.802  ;  also,  all  the  other  facts  concerning  the  in 
vestment  and  subsequent  surrender  of  that  post. 
The  regiment  was  assigned  to  the  command  of 
3rigadier-General   John   B.   Floyd,   in  Western 
Virginia,  during  the  past  summer,  and  went  to 
Kentucky,  and  from  thence  to  Fort  Donelson,  as 
mrt  of  his  immediate  command,  arriving  at  that 
)lace  at  daylight  on  the  thirteenth  of  February. 
By  sunrise,  we  were  ordered  into  position  as  a 
eserve,  immediately  in  rear  of  a  point  which  was 
aid  to  be  our  centre.     During  the  day,  heavy 
annonading  was  kept  up  on  both  sides,  mostly 
f  shells  and  shrapnel,  which  resulted  in  killing 
ne  man  and  wounding  three  or  four,  slightly. 
At  night,  we  biouvacked  in  position  until  twelve 
'clock,  when  an  order  came  from  General  Pil- 
ow  to  relieve  the  Seventh  Texas  regiment,  com 
manded  by  General  George  John  Gregg,  then  in 
the  trenches.     At  that  time,  brisk  firing  was  go 
ing  on,  supposed  to  be  induced  by  the  enemy's 
scouts   and   sharp-shooters.      The   breastworks 
were  thought  insufficient  from  the  test  of  the  pre 
ceding  days,  so  the  remainder  of  the  night  was 
occupied  in  strengthening  them,  and  cleaning  out 


440 


BEBELLIOX  RECORD,  1862-3. 


the  trenches,  now  partially  filled  with  water  and 
snow. 

The  next  day  (Friday)  was  spent  in  occasional 
engagements  with  the  enemy's  sharp-shooters. 
The  Fort  was  actively  engaged  in  repelling  an  at 
tack  of  the  gunboats  of  the  enemy.  My  position 
did  not  afford  me  a  view  of  the  proceedings,  which 
have  been  fully  reported  by  others.  About  ten 
o'clock,  I  received  an  order  to  form  our  regiment 
on  the  extreme  left  in  an  open  field,  for  the  pur 
pose  of  making  a  sortie  on  the  enemy,  which  for 
mation  was  executed  in  a  very  short  time.  By 
order  of  General  Pillow,  the  Twentieth  Mississippi 
was  attached  to  the  brigade  of  Colonel  W.  C. 
Baldwin,  Fourteenth  Mississippi  regiment,  for  this 
occasion.  Before  the  order  to  advance  had  been 
given,  a  few  guns  of  the  enemy  were  heard,  and 
by  the  time  we  had  advanced  one  hundred  yards, 
a  private  of  company  D  was  shot  down,  showing 
that  the  enemy  was  close  at  hand.  We  contin 
ued  the  march  for  two  hundred  yards  more,  when 
the  order  to  halt  was  given,  said  to  come  from 
General  Floyd,  with  the  explanation  that  we  did 
not  have  time  to  accomplish  what  he  wanted,  and 
the  order  to  countermarch  being  given,  we  did  so 
in  proper  order,  and  we  took  our  position  in  the 
trenches. 

About  ten  o'clock  on  that  night  (Friday)  I  re 
ceived  an  order  to  form  again  as  on  the  preceding 
evening,  which  was  executed  promptly,  and  by 
direction  of  General  Pillow,  was  again  under  the 
command  of  Colonel  W.  E.  Baldwin,  Fourteenth 
Mississippi  regiment,  acting  Brigadier.  I  made 
a  report  to  him  of  the  casualties  of  that  day, 
while  in  captivity,  but  as  he  has  been  prohibited 
from  making  a  statement  to  the  War  depart 
ment  of  this  government,  as  likewise  General 
Buckner,  I  hereby  substantially  append  the  same 
of  that  day's  proceedings,  which  was  confined 
particularly  to  the  Twentieth  Mississippi  regi 
ment.  Being  the  only  field-officer  in  command, 
who  was  present,  I  was  greatly  assisted  by  Cap 
tain  H.  Coutey,  and  Captain  C.  K.  Massey,  com 
pany  D,  who  were  selected  voluntarily  by  the 
officers  of  the  regiment  to  assist  in  field  duty, 
there  being  some  difficulty  as  to  seniority  of 
captains.  Adjutant  J.  M.  Cooper  was  also  very 
efficient,  and  tendered  valuable  assistance. 

Assistant-Surgeon  T.  B.  Elken  was  present, 
and  rendered  every  assistance  in  his  power  to 
the  wounded. 

Recapitulation. — Aggregate  engaged,  five  hun 
dred  ;  killed,  twenty  ;  wounded,  fifty-eight  ; 
surrendered,  four  hundred  and  fifty-four.  That 
being  the  number  returned  by  the  command 
ing  officers  of  companies  on  Sunday,  February 
sixteenth,  1862,  the  day  we  were  surrendered ; 
afterward  many  of  them  reported  that  they 
had  known  several  to  escape. 

On  the  morning  of  Saturday,  the  fifteenth 
February,  when  marched  out  to  attack  the  ene 
my,  we  were  third  in  the  order  of  advance.  The 
enemy's  pickets  and  sharp-shooters  commenced 
firing  upon  us  soon  after  the  order  to  advance, 
and  by  the  time  we  had  gained  three  hundred 
yards,  we  were  under  a  brisk  fire,  which  came 


j  from  a  hill  in  front,  covered  with  timber.  By 
I  order  from  General  Pillow,  the  regiment  was 
formed  on  the  left  of  the  road,  perpendicular  to 
j  the  road  in  the  woods,  immediately  behind  a 
fence,  with  an  open  field  in  front. 

Subsequently,  I  received  an  order  from  tho 
same  source  to  wheel  the  regiment  to  the  right, 
through  the  field  behind  the  line  of  fence,  paral 
lel  to  the  road.  This  movement  subjected  us  to 
a  cross-fire,  and  very  much  exposed  us  to  tho 
enemy  on  both  sides  under  cover  of  the  woods. 

I  had  this  fact  represented  to  General  Pillow, 
who  ordered  me  back  to  my  first  position. 

At  this  time  the  five  left  companies  were  ac 
tually  engaged  on  the  hill,  and  not  hearing  the 
command,  did  not  obey  with  promptness.  The 
destruction  at  this  time  in  their  ranks  demon 
strated  the  fierceness  of  the  conflict,  and  their 
unflinching  bravery.  I  would  mention  especially 
Lieutenant  R.  W.  Paine,  of  company  H,  who 
fell  at  this  time,  a  martyr  to  his  country's  cause. 
There  also  was  wounded,  Captain  D.  P.  Patter 
son,  company  K;  Lieutenant  J.  R.  Eastland, 
company  F,  was  badly,  perhaps  mortally  wound 
ed.  He  refused  to  be  carried  from  the  field,  and 
exclaimed:  "Never  mind  me,  boys;  fight  on, 
fight  on."  Lieutenant  J.  W.  Barbee,  company 
H,  was  wounded,  and  forced  to  retire. 

Captain  W.  A.  Rover,  commanding  company 
B,  Lieutenant  W.  R.  Nelson,  commanding  com 
pany  G,  Lieutenants  S.  B.  Sykes,  Conway,  Murf, 
Roberts,  W.  S.  Chaplin,  commanding  company  E, 
and  Lieutenant  Harrison,  are  all  deserving  of 
honorable  mention,  for  their  conduct  at  this 
place. 

To  enumerate  all  the  officers  and  privates  who 
were  deserving  of  notice  for  their  gallantry 
throughout  the  day,  would  be  to  return  a  list  of 
all  who  were  on  the  field,  and  I  would  refer  you 
to  the  foregoing  list ;  but  as  fortune  had  thrown 
the  left  of  the  regiment  in  a  more  fiercely  con 
tested  place,  of  which  the  suffering  truly  indi 
cated,  it  is  but  justice  to  give  these  companies 
some  especial  notice. 

On  several  other  occasions  during  the  day  wo 
were  ordered  to  advance  and  charge  through  the 
woods,  part  of  the  time  under  the  eye  and  im 
mediate  direction  of  General  B.  R.  Johnson,  on 
the  extreme  left,  until  the  enemy  were  instantly 
driven  off.  Our  movements  under  that  officer 
seemed  to  take  the  enemy  by  their  flank  and 
rear.  We  opposed  several  of  their  lines  of  re* 
serve,  which  retired  with  but  little  resistance  at 
twelve  o'clock.  I  was  instructed  by  General 
Johnson  to  remain  with  the  brigade  of  Colonel 
Joseph  Drake,  of  Fourth  Mississippi,  then  on 
my  left.  The  regiment  on  my  right  very  soon 
commenced  retiring  to  the  intrenchments  ;  I  did 
not  learn  by  whose  order,  or  for  what  purpose. 
In  two  or  three  hours  a  heavy  column  of  the 
enemy  attacked  us  in  front,  which  was  repulsed 
with  little  or  no  loss  to  us.  They  then  endeav 
ored  to  flank  our  right,  and  thereby  cut  us  off 
from  the  breastwork,  now  about  three  fourths 
of  a  mile  distant.  Colonel  Drake  being  so  in 
formed,  gave  the  order  to  move,  by  the  right 


DOCUMENTS. 


441 


flank,  and  continue  the  firing,  which  was  ex 
ecuted. 

By  this  time  many  companies  were  without 
ammunition  ;  such  was  the  case  of  many  of  Col 
onel  Drake's  command.  On  this  account,  we 
retired  to  the  trenches  in  proper  order.  When 
called  upon  the  field,  this  regiment  had  been 
without  sleep  for  four  nights,  during  which  time 
they  were  marching,  working,  and  watching  in 
the  trenches,  encountering  a  severe  snow-storm, 
without  tents  or  cooking  utensils.  Notwith 
standing  all  these  privations  and  sufferings, 
every  order  was  obeyed  with  the  greatest  alacri 
ty.  Every  man  seemed  to  feel  that  much  de 
pended  upon  himself. 

At  one  o'clock  on  Saturday  night  I  was  sent 
for  to  report  to  General  J.  B.  Floyd,  which  I  did 
promptly,  and  received  notice  from  him  that  the 
place  was  to  be  surrendered,  but  that  he  would 
not  surrender  himself,  and  would  cut  his  way 
out  with  his  immediate  command.  To  carry  out 
this  determination,  he  ordered  me  to  form  my 
regiment  on  the  left  of  our  line,  as  on  the  pre 
vious  morning,  with  the  Virginia  regiment. 
While  executing  this  order,  an  aid-de-camp  of 
General  Buckner  brought  an  order  countermand 
ing  this  arrangement,  and  directing  me  to  the 
steamboat  landing  to  embark  on  one  or  two 
boats,  then  momentarily  expected. 

I  went  immediately  to  General  Floyd  so  as 
better  to  understand  the  movement,  and  from 
him  learned  the  authenticity  of  the  instructions, 
and  also  that  we  would  embark ;  according  to 
the  rank  of  commanding  officers,  Colonel  Whar- 
ton's  brigade  and  McCausland's  brigade  would 
precede  mine  in  order.  I  was  further  directed 
to  place  a  strong  guard  around  the  steamboat 
landing  to  prevent  stragglers  from  going  aboard. 
The  boats  being  detained  until  nearly  daylight, 
and  the  news  of  a  surrender  spreading  through 
the  camp,  caused  many  to  flock  to  the  river,  al 
most  panic-stricken  and  frantic,  to  make  good 
their  escape  by  getting  on  board.  In  all  this 
confusion  I  am  proud  to  say,  the  Twentieth  Mis 
sissippi  regiment  stood  like  a  stone  wall,  which, 
as  the  necessity  had  required  it,  I  had  thrown  in 
a  semicircle  around  the  landing,  to  protect  Gene 
ral  Floyd  and  his  Virginia  regiments  while  em 
barking,  and  when  the  last  hope  had  vanished  of 
getting  on  board,  according  to  the  orders  and 
promises  of  General  Floyd,  and  we  realized  the 
sad  fate  that  we  had  been  surrendered,  the  regi 
ment  stacked  arms  in  good  order,  without  the 
least  intimidation,  but  full  of  regret.  I  am  not 
able  to  state  why  we  were  not  taken  aboard  the 
boat.  There  was  about  two  hundred  men  and 
officers  between  my  regiment  and  the  boat. 
When  General  Floyd  was  on  board,  I  sent  my 
adjutant  to  say  we  were  ready  to  go  aboard.  I 
did  not  get  a  satisfactory  answer,  but  learned 
that  the  General  was  fighting  off  the  men  in  my 
front,  who  I  thought  belonged  to  one  of  the  Vir 
ginia  regiments,  commanded  by  Major  Thomas 
Smith,  who  has  since  informed  me  that  some  did 
not  go.  There  seemed  to  be  room  enough  for  us 
all,  and  if  he  wanted  them  out  of  the  way,  I 


could  have  cleared  the  banks  in  a  moment's  time. 
When  the  boat  left  there  did  not  seem  to  be  fifty 
men  on  board,  (seen  on  deck.)  It  is,  perhaps, 
unbecoming  in  me  to  say  whose  fault  it  was  that 
my  regiment  was  not  embarked,  but  I  certainly 
owe  it  to  myself  to  show  that  it  was  not  mine. 

While  this  excitement  was  going  on,  General 
Buckner  sent  for  me,  and  informed  me  that  un 
less  the  steamboat  left  the  landing  immediately, 
he  would  throw  a  bomb-shell  into  it ;  that  he  had 
sent  word  to  the  boat  to  that  effect. 

He  made  some  further  remarks  of  an  explana 
tory  character,  among  others  that  we  were  in 
danger  of  being  shelled  by  the  gunboats  of  the 
enemy,  as  he  had  surrendered  the  place,  and  the 
gunboats  were,  or  might  be,  at  the  Fort.  That 
his  honor  as  an  officer,  and  the  honor  and  good 
faith  of  the  Confederacy,  required  that  at  day 
light  he  should  turn  over  every  thing  under  his 
command,  agreeable  to  the  terms  of  capitulation 
with  General  Grant,  of  the  Federal  army.  I  re 
turned  to  the  boat  to  make  every  effort  to  get 
aboard,  but  it  had  shoved  off,  and  was  making 
up  the  river,  with  very  few  persons  aboard.  If 
I  have  been  at  fault,  and  caused  the  unnecessary 
imprisonment  of  my  regiment,  I  am  deserving 
the  eternal  infamy  of  my  fellow-soldiers  ;  but  on 
the  contrary,  there  is  not  an  officer  or  private  of 
the  regiment,  who  witnessed  the  proceedings,  who 
does  not  freely  and  cheerfully  exonerate  me  from 
any  blame  whatsoever. 

During  the  summer  and  fall  campaign  in  West 
ern  Virginia,  Kentucky,  and  Tennessee,  this  re 
giment  has  done  credit  to  themselves  and  their 
State,  for  the  arduous  service  they  performed  at 
Sewall's  Mountain,  Cotton  Hill,  and  Fort  Donel- 
son.  Their  manly  endurance  of  privations,  prompt 
obedience  to  orders,  and  their  eagerness  for  the 
fray,  was  never  excelled  by  veteran  soldiers  of 
any  army,  and  has  entitled  the  Twentieth  Missis 
sippi  to  a  prominent  place  in  the  history  of  this 
revolution. 

In  obedience  to  my  instructions  to  furnish  the 
department  whatever  information  I  may  have  of 
the  battle  of  Donelson,  I  hereby  append  an  un 
official  statement  which  I  have  in  my  possession, 
made  by  "  W.  E.  Baldwin,  Captain  infantry, 
C.  S.  A.,  Colonel  Fourteenth  Mississippi  volun 
teers,  commanding  Second  brigade,  Second  divi 
sion,  (General  Buckner,)  central  army,  Ky.," 
from  October  thirtieth,  1860. 

To  supply  an  anticipated  omission  in  the  future 
history  of  our  country,  it  may  not  be  improper 
here  to  state,  that  this  brigade  was  composed  of 
the  following  regiments  : 

Fourteenth  Mississippi,  commanded  by  Major 
W.  T.  Doss  ;  Twenty-sixth  Tennessee,  command 
ed  by  Colonel  J.  M.  Lillard  ;  Twenty-sixth  Mis 
sissippi,  commanded  by  Colonel  A.  E.  Reynolds ; 
and  Forty-first  Tennessee,  commanded  by  Colo 
nel  R.  Farquharson,  was  temporarily  divided  in 
the  line  around  Fort  Donelson  ;  the  Fourteenth 
Mississippi  and  the  Forty -first  Tennessee  being 
posted  in  the  right  wing,  under  General  Buckner' s 
immediate  supervision. 

The  Twenty-sixth  Tennessee  and  the  Twenty. 


442 


REBELLION  RECORD,  1862-63. 


sixth  Mississippi  were  posted  under  my  own 
command  on  the  extreme  left.  These  regiments, 
with  the  Twentieth  Mississippi,  under  Major  W. 
N.  Brown,  which  was  added  to  the  command, 
constituted  the  advance  in  our  attack  on  the  ene 
my's  right  at  six  o'clock  on  the  morning  of  Feb 
ruary  fifteenth,  1802. 

They  all  behaved  with  great  gallantry  in  a  six 
hours'  combat,  which  resulted  in  the  total  defeat 
of  the  enemy's  right ;  whereby  a  way  was  opened 
for  a  retreat  of  the  army.  The  opportunity  not 
having  been  seized,  and  the  enemy,  sixty  thou 
sand  strong,  having  completely  enveloped  our  little 
force,  numbering,  before  the  losses  occasioned  by 
four  days'  constant  engagements,  about  twelve 
thousand  officers  and  men.  The  senior  generals, 
Floyd  and  Pillow,  relinquished  the  command  to 
General  Buckner,  and  made  their  escape ;  the 
former  taking  with  him  about  one  thousand  five 
hundred  troops  of  his  immediate  command,  only 
leaving  Major  Brown,  with  the  Twentieth  Missis 
sippi,  who,  like  veterans,  were  silently  and  steadi 
ly,  though  sullenly,  guarding  the  embarkation  of 
troops,  while  their  chief  was  seeking  safety. 

The  command  was  immediately  surrendered 
on  the  morning  of  the  sixteenth  February,  by 
General  Buckner,  who  shared  the  fate  of  his  com 
mand. 

It  is  unbecoming  in  soldiers  to  criticise  the 
conduct  of  superiors,  but  when,  after  rejecting 
the  councils  of  juniors,  the  condition  of  affairs  is 
placed  beyond  the  power  of  human  means  to  re 
trieve,  the  senior  endeavors  to  escape  responsi 
bility  by  throwing  the  same  upon  the  former, 
comment  is  unnecessary. 

After  surrendering,  the  force  was  taken  on 
transports,  the  rank  and  file  separated  from  the 
officers.  Most  of  the  officers  were  confined  in 
Camp  Chase,  near  Columbus,  Ohio.  On  the 
fourth  of  March,  the  field-officers,  fifty  in  num 
ber,  were  brought  from  that  place  to  this,  (Fort 
Warren,)  where  we  have  since  been  waiting  with 
patience  for  the  time  to  come  when  we  can  again 
strike  for  our  homes  and  our  country's  independ 
ence. 

FORT  WARREN,  March  19, 1862. 

It  may  not  be  improper  here  for  me  to  state, 
that  should  any  arrangement  be  established  with 
the  Federal  Government  for  the  exchange  of  pri 
soners  of  war,  that  in  consideration  of  services  ren 
dered  by  this  regiment,  and  the  further  fact  it  is 
mustered  for  the  war,  I  should  request  it  be 
placed  first  on  the  list  to  be  exchanged. 

Respectfully  submitted,         W.  M.  BROWN, 

Major  Twentieth  Mississippi  Regiment. 
REPORT  OP  COLONEL  JOHN  C.   BROWN. 

To  Major  G.  B.  Cosby,  A.  A.   General  Second 
Division,  Central  Army,  Kentucky : 
SIR  :  I  have  the  honor  to  report  that  the  Third, 
Eighteenth,  and  Thirty-second  Tennessee  regi 
ments,  composing  the  Third  brigade  of  your  di 
vision,  arrived  at  Fort  Donelson  on  the  ninth  and 
tenth  days  of  February,  and  were  assigned  posi 
tion  by  Brigadier-General   Pillow,  then  in  com 
mand  on  the  right  of  the  line  of  defences — the 


extreme  right  being  occupied  by  the  Second  Ken* 
tucky  regiment.  I  commenced  at  once  the  con 
struction  of  rifle-pits  and  forming  abatis  by  fell 
ing  timber,  but  the  supply  of  tools  was  wholly 
inadequate,  and  before  the  works  were  scarcely 
half  completed,  the  enemy  appeared  in  our  front 
on  Wednesday,  the  twelfth,  about  noon.  After 
this,  the  incessant  fire  from  the  enemy's  sharp 
shooters  rendered  labor  on  our  works  almost  im 
possible  during  the  day,  and  large  fatigue  parties 
were  necessary  during  the  entire  nights  of  Wed 
nesday,  Thursday,  and  Friday,  although  the 
weather  was  intensely  cold.  On  Thursday,  the 
thirteenth,  the  Fourteenth  Mississippi,  com 
manded  by  Major  W.  L.  Doss,  and  the  Forty-first 
Tennessee,  commanded  by  Colonel  R.  Farquhar- 
son,  were  temporarily  attached  to  my  brigade. 
The  centre  of  my  portion  of  the  line,  being  the 
most  elevated  and  commanding  point,  was  de 
fended  by  Captain  Porter's  light  battery  of  six 
guns,  while  Captain  Graves' s  battery  was  posted 
near  the  left,  commanding  a  long  wide  valley, 
separating  my  left  from  Colonel  Heiman's  right. 
The  position  was  an  admirable  one  to  support 
my  left  and  Colonel  Heiman's  right,  while  it 
also  commanded  the  hills  immediately  in  front 
About  eleven  o'clock  on  Thursday  I  discovered 
the  enemy  moving  in  considerable  force  upon 
Colonel  Heiman's  centre,  and  before  the  column 
came  within  range  of  Colonel  Heiman,  and  in 
deed  before  it  could  be  seen  from  Colonel  Hei 
man's  position,  I  directed  Captain  Graves  to  open 
fire  from  all  his  guns,  which  he  did  with  such 
spirit  and  fatal  precision,  that  in  less  than  fifteen 
minutes  the  whole  column  staggered  and  took 
shelter,  in  confusion  and  disorder,  beyond  the 
summit  of  the  hill  still  further  to  our  left,  when 
Colonel  Heiman  opened  fire  upon  it,  and  drove  it 
beyond  range  of  both  his  and  my  guns.  Later 
in  the  day  the  enemy  planted  one  section  of  a 
battery  on  a  hill,  almost  in  front  of  Captain 
Graves,  and  opened  an  enfilading  fire  upon  the 
left  of  my  line,  and  at  the  same  time  a  cross-fire 
upon  Colonel  Heiman.  Captain  Graves,  hand 
ling  his  favorite  rifle-piece  with  the  same  fearless 
coolness  that  characterized  his  conduct  during 
the  entire  week,  in  less  than  ten  minutes  knocked 
one  of  the  enemy's  guns  from  its  carriage,  and 
almost  at  the  same  moment  the  gallant  Porter 
disabled  and  silenced  the  other,  while  the  sup 
porting  infantry  retreated  precipitately  before  the 
storm  of  grape  and  canister  poured  into  their 
ranks  from  both  batteries.  Near  one  half  of  my 
command  was  constantly  deployed  in  the  rifle- 
pits,  while  the  residue  was  held  under  arms  and 
in  position  as  a  reserve  ;  but  on  Thursday,  Colo 
nel  Hanson,  on  the  extreme  right,  being  attacked 
by  a  large  force,  I  sent,  by  General  Buckner's 
orders,  the  Eighteenth  Tennessee  to  his  support, 
which  remained  with  him  until  Friday  night. 
On  Saturday  morning  I  had  orders  to  move  my 
command  toward  the  left,  so  soon  as  Colonel 
Head  should  relieve  my  men  in  the  rifle-pits. 
He  was  late  in  reporting,  and  without  waiting 
longer  I  put  the  column  in  motion,  directing  the 
men  in  the  rifle-pits  to  follow  us,  so  soon  as  re« 


DOCUMENTS. 


443 


lieved,  which  they  did  very  promptly,  but  ir 
some  disorder.  My  whole  command  was  pro 
vided  with  three  days'  cooked  rations,  anc 
marched  with  their  knapsacks,  the  purpose  being 
to  turn  the  enemy's  right  wing,  and  march  ou 
on  the  Wynn's  ferry  road,  to  fall  back  upon  Nash 
ville.  Arriving  at  the  point  where  the  Wynn's 
ferry  road  crosses  the  intrenchments,  the  Thirc 
Tennessee  was  deployed  in  the  rifle-pits,  while 
the  remaining  regiments  were  held  in  reserve. 
The  enemy  had  already  been  attacked  on  his 
right  by  our  left  wing,  and  we  were  awaiting  the 
proper  moment  of  cooperation,  and  by  Genera] 
Buckner's  directions  I  sent  the  Fourteenth  Mis 
sissippi  to  the  front  as  skirmishers,  the  enemy 
occupying  a  hill  in  considerable  force  not  far  dis 
tant.  The  Third  and  Eighteenth  Tennessee  reg 
iments,  (the  former  commanded  by  Lieutenant- 
Colonel  Thomas  M.  Gordon,  and  the  latter  by 
ColonelJ.  B.  Palmer,)  were  sent  forward  in  quick 
succession  to  support  the  Fourteenth  Mississippi. 
As  they  advanced  over  the  abatis  and  through 
comparatively  open  ground,  and  especially  on 
reaching  the  summit  of  the  hill,  they  were  met 
by  a  murderous  fire.  Some  confusion  ensued, 
but  they  returned  a  steady  fire  until  the  enemy 
retired  under  cover  of  dense  timber  and  under 
growth,  withdrawing  his  battery,  which  had  been 
pouring  a  heavy  fire  into  our  reserves.  Further 
pursuit  being  impracticable  in  that  direction,  and 
companies  having  become  separated  and  some 
what  intermixed,  on  account  of  the  obstacles 
over  which  they  had  marched,  the  command  re 
tired  within  the  intrenchments,  and  immediately 
reformed  to  renew  the  attack  still  further  to  the 
right,  whither  the  enemy  were  retiring.  And 
about  twelve  o'clock,  under  the  direction  of  Bri 
gadier-General  Buckner,  I  led  the  Third  and 
Eighteenth  Tennessee,  as  well  as  the  Thirty-sec 
ond  Tennessee,  (Colonel  Ed.  C.  Cook,)  across  an 
open  field  on  the  right  of  the  Wynn's  ferry  road, 
under  the  fire  of  a  battery  posted  on  that  road. 
As  we  appeared  upon  the  summit  of  the  hill,  the 
force  supporting  the  battery  retreated  about  three 
hundred  or  four  hundred  yards  still  further  to 
our  right  and  further  from  our  lines,  leaving  one 
section  of  the  battery,  which  fell  into  our  hands. 
The  hill  to  which  the  enemy  retreated  was  so 
densely  covered  with  trees  and  undergrowth  that 
our  skirmishers  could  not  ascertain  his  position 
and  numbers,  but  we  were  led  to  suppose  that 
his  battery  at  that  point  was  supported  by  a  force 
not  exceeding  one  thousand  men  ;  but  it  was  af 
terward  ascertained  that  his  strength  was  nearly 
seven  thousand,  while  there  were  five  regiments 
with  in  supporting  distance. 

Acting  upon  the  first  and  only  information  we 
could  then  obtain,  a  charge  was  ordered,  and  the 
whole  command  moved  forward  with  spirit  and 
animation,  but  when  within  about  one  hundred 
yards  of  the  enemy,  who  was  upon  higher  ground, 
we  were  met  by  a  fire  of  grape  and  musketry  that 
was  terrific,  but  fortunately  passing  above  our 
heads.  We  halted  and  opened  a  fire  of  musket 
ry  upon  them,  which,  although  continuing  only 
a  few  minutes,  killed  and  wounded  not  less  than 


eight  hundred  of  the  enemy.  Lieutenant-Colo 
nel  Gordon  of  the  Third,  having  been  wounded, 
ordered  the  regiment  to  fall  back  under  cover  of 
the  hill.  I  rallied  it  at  about  one  hundred  yards, 
and  placed  it  in  command  of  Colonel  Cheairs. 
The  Eighteenth  and  Thirty-second  fell  back  a 
short  distance,  and  just  then  being  reenforced  by 
the  Fourteenth  Mississippi,  we  were  renewing 
the  attack,  when  the  enemy  left  the  field,  leaving 
his  dead  and  wounded.  While  we  were  engaged, 
the  gallant  Graves  came  in  full  speed  to  our  as 
sistance,  with  a  part  of  his  battery,  and  main 
tained  his  position  until  the  enemy  retired.  Our 
loss  in  this  engagement  did  not  exceed  fifty  in 
killed  and  wounded.  But  the  brave  and  accom 
plished  Lieutenant-Colonel  Moore,  of  the  Thirty- 
second  Tennessee  regiment,  fell  mortally  wound 
ed,  while  aiding  his  no  less  worthy  commander 
in  cheering  his  men  to  the  charge.  Just  as  the 
enemy  left  the  field,  entirely  opening  the  Wynn's 
ferry  road,  my  command  was  ordered  by  Briga 
dier-General  Pillow,  repeated  by  Brigadier-Gen 
eral  Floyd,  to  return  at  once  to  its  position  on 
the  right  of  our  line  of  defences.  My  men  had 
scarcely  deployed  in  the  rifle-pits,  when  I  was 
ordered  to  reenforce  Colonel  Hanson  on  the  ex 
treme  right,  whose  works  had  been  stormed  and 
taken  by  the  enemy  before  he  had  reoccupied 
them.  An  obstinate  fire  was  maintained  until 
dark,  but  we  held  the  ground  to  which  Colonel 
Hanson  had  retired,  although  opposed  by  a  supe 
rior  force  of  fresh  troops.  Captains  Porter  and 
Graves  did  efficient  service  in  their  engagement 
with  their  batteries — indeed,  they  excited  the  ad 
miration  of  the  whole  command,  by  an  exhibi 
tion  of  coolness  and  bravery,  under  a  heavy  fire, 
(from  which  they  had  no  protection,)  which  could 
not  be  excelled.  Captain  Porter  fell,  dangerous 
ly  wounded  by  a  Minie  ball  through  his  thigh, 
while  working  one  of  his  guns — his  gunners  be 
ing,  nearly  all  of  them,  disabled  or  killed.  The 
command  then  devolved  upon  Lieutenant  Mor- 
;on,  a  beardless  youth,  who  stepped  forward  like 
an  old  veteran,  and  nobly  did  he  emulate  the  ex 
ample  of  his  brave  captain. 

Fatigue  parties  were  employed  until  two  o'clock 
Sunday  morning  strengthening  our  position,  when 
an  order  reached  me  to  spike  the  guns  on  my  line 
and  march  my  command  toward  the  left  as  on 
Saturday  morning.  The  order  was  instantly  ex 
ecuted,  but  before  the  column  had  proceeded  one 
mile  I  was  directed  to  countermarch  and  reoccupy 
the  works,  and  display  flags  of  truce  from  the  front 
of  our  works.  At  nine  o'clock  the  same  morning 
the  command  was  surrendered. 

My  command  was  so  much  worn  and  exhausted 
rom  incessant  labor  and  watching  during  the  en- 
ire  week — exposure  to  intense  cold,  as  well  as  from. 
,he  fatigues  of  the  battle  on  the  preceding  day,  as 
o  be  wholly  unable  to  meet  any  spirited  attack 
rom  the  enemy  on  Sunday  morning.    Our  ammu 
nition,  both  for  artillery  and  small  arms,  was  well- 
nigh  exhausted. 

It  might  do  injustice  to  others  to  particularize 
many  instances  of  daring  and  bravery  among  offi 
cers  and  men.  With  but  few  exceptions,  they  aU 


444 


REBELLION   RECORD,  1862-63. 


deserve  the  highest  praise  for  the  determined  and 
gallant  spirit  with  which  they  bore  themselves 
under  their  first  exposure  to  fire. 

My  killed  amount  to  thirty-eight ;  my  wounded 
amount  to  two  hundred  and  forty-four. 

For  details,  reference  is  made  to  the  report  of 
regimental  commanders,  marked  respectively  A, 
B,  C,  D,  and  E. 

I  have  the  honor  to  be,  sir,  very  respectfully, 
your  obedient  servant, 

JOHN  C.  BROWN, 

Colonel  Third  Tennessee  Regiment,  commanding  Third  Brigade. 
February  16, 1862. 

REPORT  OF  MAJOR  N.   F.   CIIEAIRS. 

FORT  WARREN,  BOSTON  HARBOR,  ) 
MASSACHUSETTS,  March  10,  1862.      f 

To  Colonel  John  C.  Brown,  Commanding  Third 
Brigade,  Second  Division,  Central  Army  of 
Kentucky,  C.S.A.: 

The  Third  Tennessee  regiment  of  volunteers  ar 
rived  at  Fort  Donelson  on  the  night  of  the  eighth 
of  February,  1862,  with  an  aggregate,  reported 
for  duty,  of  seven  hundred  and  fifty  men.  On 
the  day  after  reaching  Donelson  the  whole  regi 
ment  was  employed  in  the  preparation  of  works 
of  defence — rifle-pits,  trenches,  etc.,  at  which  both 
men  and  officers  continued  night  and  day,  until 
the  evening  of  the  twelfth,  at  which  time  .a  skir 
mish  took  place  with  the  Federals  about  a  mile 
or  a  mile  and  a  half  in  advance  of  our  trenches, 
by  a  company  of  the  Eighteenth  Tennessee  regi 
ment,  who  had  been  sent  out  on  picket-duty. 
Immediately  after  the  return  of  said  company  to 
the  trenches,  General  Buckner's  division,  which 
occupied  the  right  of  the  whole  line  of  our  de 
fence,  was  arranged  in  order  of  battle  for  the  gen 
eral  engagement  which  ensued.  The  Third  Ten 
nessee  regiment  occupied  the  fourth  position  from 
the  right,  and  five  companies  were  deployed  in 
the  rifle-pits  and  five  held  in  reserve,  commanded 
by  myself,  with  orders  to  sustain  the  companies 
deployed  in  the  pits,  under  the  command  of  Lieu 
tenant-Colonel  S.  M.  Gordon,  and  to  support  Por 
ter's  artillery  on  my  right,  as  circumstances  might 
require.  Such  was  the  position  held  by  the  Third 
Tennessee  regiment  until  the  morning  of  the  fif 
teenth  February.  At  about  four  o'clock  of  said 
morning,  the  Third  Tennessee  regiment  was  or 
dered  to  be  put  in  motion  and  march  in  the  direc 
tion  of  our  left  wing,  with  knapsacks,  haversacks, 
and  three  days'  rations,  with  whatever  else  that 
could  be  conveniently  carried.  This  order  was 
immediately  executed,  and  the  regiment  marched 
out  beyond  and  to  the  right  of  Dover,  where  it 
was  halted  and  ordered  to  deploy  as  skirmishers 
in  the  rifle-pits,  and  to  the  left  of  the  Fourteenth 
Mississippi  and  Eighteenth  Tennessee,  at  about 
half-past  eight  or  nine  o'clock  in  the  morning. 
The  Fourteenth  Mississippi  and  Third  Tennessee 
were  ordered  by  Colonel  Brown  (General  Buck- 
ner  also  being  present)  to  attack  one  of  the  ene 
my's  batteries,  located  some  three  or  four  hun 
dred  yards  in  front  of  our  trenches,  and,  from 
their  position,  were  firing  heavily  upon  us.  This 
battery  was  supported  by  several  regiments  of  in 
fantry.  We  succeeded  (after  a  hot  contest  of 


about  three  quarters  of  an  hour)  in  driving  the 
enemy  back,  and  occupied  their  position  until  or 
dered  back  to  tho  trenches  by  Major  Cassaday,  of 
General  Buckner's  staff.  The  Third,  Eighteenth, 
and  Thirty-second  Tennessee  regiments  were  or 
dered  across  the  trenches  to  attack  another  one 
of  the  enemy's  batteries,  supported  by  a  heavy 
column  of  infantry,  located  on  or  near  the  AVynn's 
ferry  road,  and  much  farther  from  our  works. 
The  Third  Tennessee  was  on  the  left,  the  Eigh 
teenth  in  the  centre,  and  the  Thirty-second  on 
the  right,  in  the  arrangement  for  the  attack.  The 
trenches  were  soon  crossed,  and  the  battalions 
formed  in  double  column,  and  marched  in  the  di 
rection  of  the  battery.  When  within  about  one 
hundred  and  fifty  yards  of  it,  it  opened  upon  us 
\vith  grape  and  canister,  and  seconded  by  the  in 
fantry.  Lieutenant-Colonel  Gordon  being  in  com 
mand  of  the  Third  regiment,  ordered  it  to  lie 
down.  In  a  few  seconds  he  was  wounded,  and 
by  some  unfortunate  order  being  given  just  at 
that  time,  which  the  regiment  took  for  retreat, 
and  thereupon  did  retreat  some  hundred  or  hun 
dred  and  fifty  yards,  when  they  were  rallied  by 
Colonel  Brown,  and  re-formed  in  line  of  battle. 
General  Buckner  being  present,  and  discovering 
the  enemy  had  also  fallen  back,  ordered  me,  as 
next  in  command  to  Lieutenant-Colonel  Gordon, 
(he  having  retired  from  the  field,)  to  take  the 
Third  Tennessee  regiment  back  to  the  trenches, 
which  order  I  obeyed.  On  arriving  at  the 
trenches,  I  met  with  General  Pillow,  who  ordered 
me  (after  ascertaining  that  I  was  in  command)  to 
take  the  Third  Tennessee  regiment  back  to  the  po 
sition  we  had  occupied  on  the  right  wing,  and  the 
one  we  had  left  at  about  four  o'clock  in  the  morn 
ing.  I  immediately  formed  the  regiment  and  ex 
ecuted  the  order.  A  few  minutes  after  reaching 
our  original  position,  an  attack  was  made  upon 
Colonel  Hanson,  the  Second  Kentucky  regiment's 
trenches,  by  the  enemy  in  strong  force.  Colonel 
Hanson  not  having  more  than  one  or  two  com 
panies  in  position,  fell  back  upon  the  Eighteenth 
Tennessee,  (Colonel  Palmer,)  and  I  was  ordered 
to  bring  up  the  Third  Tennessee  to  support  the 
Second  Kentucky  and  Eighteenth  Tennessee, 
which  order  was  executed  at  the  shortest  possible 
notice,  and,  injustice  to  the  officers  and  soldiers, 
must  say  that  they  bore  themselves  most  gal 
lantly,  notwithstanding  they  were  completely 
or  nearly  so  worn  down  by  incessant  fighting 
and  fatigue  duty.  For  eight  consecutive  days  we 
succeeded  in  driving  back  the  enemy,  although 
they  had  fresh  and  we  had  exhausted  troops. 
Lieutenant-Colonel  Gordon  was  in  command  of 
the  regiment  from  the  time  we  arrived  at  Donel 
son,  on  the  night  of  the  eighth,  until  about  one 
o'clock  P.M.,  on  the  fifteenth,  when  he  was  wound 
ed  and  retired  from  the  field.  I  was  then  in  com 
mand  until  the  surrender,  which  was  at  six 
o'clock,  Sunday  morning,  February  sixteenth, 
1862. 

For  a  detailed  account  of  the  killed  and  wound 
ed  of  the  Third  Tennessee  regiment,  during  the 
entire  fight  at  Donelson,  I  refer  you  to  the  sub« 
joined  paper,  mark  jd  A. 


DOCUMENTS. 


445 


Killed,  twelve  ;  wounded,  seventy-six. 

The  foregoing  report  of  the  conduct  and  actions 
of  the  Third  Tennessee  regiment,  and  of  its  casual 
ties  at  Fort  Donelson,  I  have  the  honor  to  sub 
mit  to  you.  Very  respectfully, 

N.  F.  CHEAIRS, 

Major  Commanding  Third  Tennessee  Regiment. 
REPORT  OF  COLONEL  JOSEPH  B.  PALMER. 

FORT  WARREN,  BOSTOX  HARBOR, 

MASSACHUSETTS,  March  7,  1862. 

To  Colonel  John  C.  Broi.cn,  Commanding  Third 
Brigade,  Second  Division,  Central  Army  of 
Kentucky,  C.  S.  A. 

The  Eighteenth  regiment  of  Tennessee  volun 
teers  arrived  at  Fort  Donelson  on  the  eighth  of 
February,  1862,  with  an  aggregate  reported  for 
duty  of  six  hundred  and  eighty -five,  (685,)  and 
these  encamped  mainly  without  tents  or  other 
protection  from  the  weather,  and  with  scarcely 
any  cooking  utensils,  until  the  surrender  of  the 
forces  at  that  point  on  the  sixteenth  day  of  the 


same  month. 

On  the  day  after  reaching 


Donelson,  the  whole 


gagement,  the  attack  was  repulsed.  I  had  occa 
sion  also  on  the  fourteenth  to  send  the  balance 
of  my  reserve,  (Captains  Webb,  Wood,  Putnam, 
Butler,  and  Lieutenant  John's  companies,)  to 
reenforce  the  right,  where  it  was  expected  the 
enemy  would,  on  that  day,  make  a  desperate  at 
tack,  simultaneously  with  a  fire  on  the  Fort  from 
their  gunboats.  But  owing  probably  to  a  failure 
of  success  in  the  latter,  no  further  than  the  gen 
eral  fire  was  made  upon  us  at  that  time.  On 
Saturday  morning,  fifteenth  February,  at  about 
two  and  a  half  or  three  o'clock,  I  received  orders 
from  brigade  headquarters  to  put  my  whole  com 
mand  in  motion,  and  to  march  in  the  direction  of 
our  left  wing,  with  knapsacks,  haversacks  pro 
vided  with  three  days'  rations,  and  whatever  else 
men  and  officers  could  carry  —  sending  all  my 
wagons,  except  enough  for  the  transportation  of 
ordnance  stores,  across  Cumberland  River.  I 
proceeded  immediately  to  execute  this  order,  and 
marched  out  beyond  and  to  the  right  of  Dover, 
where  I  was  ordered  to  halt  and  take  position  in 
a  general  line  of  battle,  on  the  right  of  the  Third 


Tennessee  regiment.     Very 


afterward  the 


Fourteenth  Mississippi  and  Third  Tennessee  were 


regiment  was  employed  in  the  preparation  of 
works  of  defence  —  rifle-pits,  trenches,  etc.,  at  ordered  by  Colonel  Brown  (General  Buckner  also 
which  both  men  and  officers  continued  without !  being  present)  to  attack  one  of  the  enemy's  bat- 
relief  or  rest,  night  and  day,  until  the  twelfth.  |  teries,  just  in  our  front,  and  about  three  hundred 
Early  in  the  forenoon  of  that  day,  pursuant  to  I  yards  beyond  the  trenches,  which,  from  their  po- 
orders  from  brigade  headquarters,  I  ordered  out  sition,  were  firing  heavily  upon  us.  This  battery 


company  C,  commanded  by  Captain  W.  R.  But 
ler,  on  picket  service,  with  the  usual  instructions. 
They  went  in  the  direction  of  the  enemy's  lines, 
about  one  and  a  half  miles,  and  took  position, 


was  supported  by  several  regiments  of  infantry, 
which,  in  connection  with  it,  turned  a  terrible  fire 
on  the  two  regiments  just  named,  against  which 
they  fought  gallantly  and  bravely,  thus  making 


when  suddenly  they  discovered  several  thousand   a  severe  engagement,  which,  having  continued 
Federal   troops   advancing   toward  our  encamp-  j  for  some  considerable  time,  I  was  ordered  across 
ment.     Captain  Butler,  thus  finding  his  position   the  trenches  to  their  support,  and  reached  there 
greatly  exposed,  conducted  a  prudent  and  skilful 
retreat,  gradually  falling  back,  so  as  to  keep  the 


just  about  the  time  the  enemy  abandoned  their 
position  and  yielded  the  ground.     Under  the  or- 
enemy  under  constant  observation — finally  fired  i  der  of  Major  Cassaday,  I  returned  to  my  former 


upon  them  and  came  within  my  encampment, 
submitting  a  report  of  this  intelligence,  which  I 
immediately  communicated  to  you  and  General 
Buckner  in  person.  General  Buckner's  division, 
which  occupied  the  right  of  the  whole  line  of  our 
defence,  was  therefore  arranged  in  order  of  bat 
tle  for  the  general  engagement  which  ensued. 
The  Second  Kentucky  (Colonel  Hanson's)  was 
first,  an<i  my  regiment  second  on  the  right.  I 
deployed  companies  A,  B,  and  G,  (Captains  Rush 
ing,  Joyner,  and  McWhirter,)  in  the  rifle-pits 
immediately  in  my  front,  placing  them  in  com 
mand  of  Major  S.  W.  Davis.  The  other  compa 
nies  were  formed  in  double  column  first  in  rear 
of  the  former,  in  charge  of  myself  and  Lieuten 
ant-Colonel  A.  G.  Garden,  with  orders  from  Gen 
eral  Buckner  to  sustain  the  line  covered  by  my 
deployment — to  support  Porter's  artillery  on  my 
left,  or  reenforce  Colonel  Hanson  on  my  right,  as 
circumstances  might  require.  Such  was  the  po 
sition  held  by  me  until  the  morning  of  the  fif 
teenth  February.  I  had  occasion,  however,  on 
the  thirteenth,  to  despatch  companies  E  and  K, 
(Captains  Lorre  and  Bandy,)  to  reenforce  Colonel 
Hanson,  upon  whom  the  enemy  was  opening  a 
considerable  fire,  but,  after  a  very  spirited  en- 

S.  D.  29. 


position,  in  connection  with  the  other  two  regi 
ments,  in  the  general  line  of  battle.  The  Third 
Tennessee,  Thirty-second  and  Eighteenth  Ten 
nessee,  were  then  ordered  across  the  trenches  to 
attack  another  one  of  the  enemy's  batteries,  located 
on  or  near  the  Wynn's  ferry  road,  and  much 
further  beyond  our  works.  Colonel  Cook's  regi 
ment  was  on  the  right,  my  own  in  the  centre, 
and  Colonel  Brown's  on  the  left,  in  the  arrange 
ment  for  this  attack.  The  trenches  were  soon 
crossed,  the  battalions  formed  in  double  column, 
and  we  marched  on  to  the  supposed  position  of 
the  battery,  Colonel  Cook 'being  in  advance  of  my 
regiment,  with  skirmishers  in  his  front.  We 
found  some,  I  may  say  much,  embarrassment  in 
having  insufficient  information  in  regard  to  the 
enemy's  location,  as  we  could  only  judge  in  re 
ference  to  that  by  the  smoke  and  reports  of  pieces 
lately  heard  and  seen  in  that  direction.  We  found 
alse  very  considerable  difficulty  in  marching  in 
the  requisite  order,  owing  to  the  timber  and 
denseness  of  the  undergrowth,  on  which  the 
snow  was  thickly  depositing  and  melting  some 
what  rapidly. 

We  advanced  forward,  however,  in  quick  time, 
until,  nearing  the  enemy,  we  halted  for  the  pur- 


446 


REBELLION  RECORD,  1862-63. 


pose  of  gaining,  if  possible,  some  more  definite 
idea  of  his  position,  the  skirmishers  having  ral 
lied  on  their  battalion  without  (as  I  learned  from 
Colonel  Cook)  being  able  to  furnish  very  definite 
information.  Colonel  Cook  and  myself  advanced 
a  few  paces  beyond  our  commands,  for  the  pur 
pose  of  taking  such  observations  as  would  ena 
ble  us  to  direct  the  movements  of  our  regiments 
to  the  best  possible  advantage.  We  discovered 
portions  of  the  enemy's  baggage  at  the  distance 
of  about  one  hundred  yards,  just  over  the  point 
of  a  hill  in  our  front.  Being  thus  better  satisfied 
of  their  position,  and  that  an  engagement  must 
immediately  occur,  we  accordingly  deployed  as 
rapidly  as  possible  in  line  of  battle,  my  right 
resting  on  Colonel  Cook's  left,  and  the  Third 
Tennessee  on  my  left.  The  enemy  opened  a  ter 
rific  fire  upon  us  about  the  time,  or  before  we 
had  fairly  executed  the  deployment.  The  force 
against  us  consisted  of  one  battery,  supported  by 
six  infantry  regiments,  all  of  which  ultimately 
engaged  in  the  fight.  I  ordered  my  entire  com 
mand  to  fire  and  load  kneeling,  as  in  that  posi 
tion  the  main  body  of  the  enemy's  fire  would  and 
did  pass  over  us. 

The  officers  and  men  under  me,  on  this  occa 
sion,  evinced  great  coolness,  bravery,  and  deter 
mination  for  success  in  this  most  unequal  con 
test.  They  directed  their  fire  with  unusual  ac 
curacy,  which  told  desperately  and  rapidly  upon 
the  enemy,  who,  under  its  terrible  effect  and  force, 
gave  ground,  while  we  advanced  upon  them  about 
twenty  paces.  A  further  advance  would  have 
lost,  on  our  part,  an  advantage  in  position,  by 
which  we  had  been  very  considerably  benefited. 
And  although  the  enemy  continued  their  retreat 
until  they  had  gone  beyond  the  reach  of  our 
guns,  it  was  not  deemed  consistent  with  the  or 
ders  for  the  movements  of  our  whole  army  on 
that  day,  as  made  known  on  the  previous  night 
from  Generals  Floyd,  Pillow,  and  Buckner,  to 
myself  and  other  commanders  of  regiments,  to 
pursue  the  several  forces  any  further  in  that 
direction.  Besides  this,  many  of  my  arms  (flint 
lock  muskets,)  by  coming  in  contact  with  the 
melting  snow,  had  become  too  inefficient  for  fur 
ther  use  until  they  could  be  dried  and  put  in 
proper  order.  My  ordnance-w?gons  were  more 
than  a  half-mile  distant,  and  *he  men  only  had  a 
few  rounds  of  ammunition  each  remaining  in 
their  boxes.  I  marched  my  regiment,  therefore, 
back  to  a  better  position,  a  distance  of,  say  one 
hundred  and  fifty  paces,  ordered  the  men  to  put 
their  pieces  in  order,  by  drying  them  as  rapidly 
as  possible,  sent  for  an  additional  supply  of  am 
munition,  made  details  to  have  my  wounded 
taken  from  the  field  and  properly  cared  for,  and 
threw  out  a  small  number  of  skirmishers,  in  con 
nection  with  Colonel  Cook,  to  notice  the  move 
ments  and  position  of  the  enemy,  who  reported 
that  he  had  gone  back  beyond  the  Wynn's  ferry 
road,  and  could  not  be  seen  at  nil  from  the  posi 
tion  of  our  late  engagement. 

T  was  informed  on  the  aftemoon  of  the  four 
teenth  of  February,  and  again  at  a  late  hour  of 
that  night,  by  General  Buokner  and  Colonel 


Brown,  that  for  the  reasons  given  at  the  time, 
(not  material  here  to  recite,)  the  Generals  in  com 
mand  had  determined  to  evacuate  Donelson,  and 
move  the  whole  of  our  troops  to  Nashville,  or  in 
that  direction,  and  orders  were  given  me  by  Col 
onel  Brown  to  prepare  my  command  accordingly, 
with  rations,  etc.,  for  the  march.  I  was  further 
n formed  that,  to  execute  this  purpose,  our  whole 
army  wouTd,  at  an  early  hour  on  the  morning  of 
the  fifteenth,  move  upon  the  right  wing  of  the 
Federal  lines,  cut  our  way  through,  and  march 
out  in  the  direction  stated.  The  whole  of  the 
enemy's  right  having  been  driven  back,  thus,  I 
was  informed,  removing  all  further  difficulty  in 
the  way  of  executing  our  purpose.  I  was  every 
moment  expecting  to  receive  orders  to  march  my 
regiment,  together  with  the  balance  of  our  troops, 
in  the  direction  of  Nashville.  But  before  I  could 
get  all  of  my  dead  and  wounded  from  the  field, 
and  have  them  provided  for  and  disposed  of,  an 
order  came  to  me,  said  at  the  time  to  corne  from 
General  Pillow,  to  move  my  command  immediate 
ly  back  to  the  position  from  which  I  started  on 
that  morning,  and  which  I  had  been  holding  for 
several  days.  I  accordingly  returned  to  my 
trenches'.  In  a  very  few  minutes  after  I  reached 
my  position,  and  before  Colonel  Hanson  (just  to 
my  right)  had  gained  his  trenches,  several  Fede 
ral  regiments,  under  command  of  General  C.  F. 
Smith,  commenced  their  attack,  and  took  posses 
sion  of  a  part  of  Colonel  Hanson's  unoccupied 
works.  Unable,  under  these  circumstances,  and 
against  such  remarkable  odds,  to  drive  back  the 
attacking  regiments,  Colonel  Hanson  immediate 
ly  fell  back  with  his  command  on  my  line,  where, 
reenforced  by  the  Fourteenth  Mississippi,  the 
Third,  Forty-first,  Forty-ninth  Tennessee,  and 
parts  of  other  commands,  a  long  and  desperate 
struggle  ensued,  closing  at  sunset  with  a  decided 
and  brilliant  victory  to  our  arms — the  fight  hav 
ing  lasted  for  at  least  two  hours.  The  losses  01 
the  enemy  in  all  the  engagements  above  referred 
to,  as  ascertained  by  subsequent  visits  to  their 
grounds,  were  indeed  very  great,  exceeding  ours, 
both  in  killed  and  wounded,  I  must  say,  in  any 
moderate  estimate,  at  least  seven  to  one. 

Besides  the  conflicts  already  named  in  this  re 
port,  the  Federal  forces  made  several  attempts 
upon  my  works,  but  were  in  every  instance  gal 
lantly  met,  and  signally  repulsed. 

On  the  night  of  the  fifteenth  the  whole  of  my 
command,  except  the  detail  made  to  continue  the 
work  of  strengthening  and  extending  our  breast 
works,  stood  to  their  arms,  constantly  expecting 
a  renewal  of  engagements,  until  about  two  o'clock 
of  the  following  morning.  At  this  hour  I  re 
ceived  orders  from  brigade  headquarters  to  move 
my  regiment  as  rapidly  as  possible  to  Dover,  a 
distance  of  one  and  a  half  miles,  where,  I  was  in 
formed,  further  orders  would  be  given  me.  It 
was,  however,  well  understood  among  all  parties 
that  the  object  of  the  march  was  to  evacuate  our 
entire  position.  I  reached  Dover  some  time  be 
fore  daylight,  and  reported  to  Generals  Floyd, 
Pillow,  and  Buckner,  all  of  whom  were  stil)  there, 
and  who  ordered  me  to  halt  and  await  further 


DOCUMENTS. 


447 


directions.  A  messenger  from  Colonel  Brown's 
headquarters  soon  came,  ordering  me  back  to  my 
trenches,  and,  on  returning  to  my  quarters,  found 
that  General  Buckner's  whole  command  had  been 
surrendered.  This  was  my  first  notice  of  that 
fact,  and  was  thus  received  on  Sunday  morning 
at  half-past  five  o'clock. 

Throughout  the  period  covered  by  this  report, 
the  men  and  officers  of  my  command  underwent 
an  astonishing  amount  of  hard  labor  and  toil — 
suffering  greatly  from  the  want  of  rest,  from  ter 
rible  exposure  and  fatigue,  and  in  the  absence  of 
nearly  all  the  comforts  even  of  camp-life.  But 
every  demand  upon  their  strength  and  energy 
was  promptly  met.  Every  order  was  unhesitat 
ingly  obeyed,  and  every  hardship  and  suffering 
bravely  and  patiently  endured,  evincing  a  glo 
rious  spirit  of  self-sacrifice  and  determination, 
now  mentioned  alike  in  simple  justice  to  them, 
and  with  the  utmost  pride  and  satisfaction  to 
myself.  On  the  field  my  entire  field  and  staff, 
company  officers  and  men,  (with  scarcely  a  no 
ticeable  exception,)  bore  themselves  nobly  and 
gallantly,  displaying,  on  every  occasion,  a  daunt 
less  courage  and  patriotism,  alike  deserving  the 
praises  of  their  chivalrous  State  and  the  approval 
of  a  glorious  country. 

Many  officers  and  men  of  my  command  are 
justly  entitled  to  the  merit  of  personal  honor  and 
distinction.  Lieutenant  W.  W.  Smith,  of  com 
pany  C,  shot  and  killed  instantly  on  the  field, 
fell  covered  with  glory  in  the  gallant  discharge 
of  his  duties,  as  did  the  other  lamented  dead  and 
wounded  of  my  regiment.  With  a  very  grateful 
recollection  of  my  whole  command  for  their  sol 
dierly  and  manly  demeanor  throughout  our  whole 
campaign,  I  cannot  close  this  report  without  sub 
mitting  with  it  acknowledgments  for  valuable 
services  and  kind  offices  done  me  by  Lieutenants 
Nat.  Gooch,  of  company  0,  and  John  M.  Doug 
lass,  of  company  G,  who  are  also  very  justly  en 
titled  to  all  I  have  heretofore  stated  on  behalf  of 
other  officers. 

Owing  to  the  sudden  and  unexpected  separa 
tion  from  my  company  officers,  I  am  unable  to 
submit  with  this  report  the  names  of  the  killed 
and  wounded  of  my  regiment,  and  can,  therefore, 
only  state  them  in  the  aggregate :  There  were 
killed  on  the  field,  four ;  mortally  wounded,  six ; 
(supposed)  not  mortally,  thirty-eight;  missing, 
four ;  total,  fifty-two. 

The  foregoing  report  of  the  conduct  and  action 
of  my  regiment,  and  of  its  casualties  at  Fort  Don- 
elson,  I  have  on  this  day  the  honor  to  submit  to 
you.  Very  respectfully, 

JOSEPH  B.  PALMER, 

Colonel  Commanding  Eighteenth  Tennessee  Regiment. 
REPORT  OF  COL.  EDWARD  a  COOK. 

FORT  DONBLIOS,  STEWART  Co.,  TENN.,  ) 
February  16,  1862.      f 

Col.  John  C.  Brown,  Colonel  Commanding  Third 
Brigade,  Second  Division,  Central  Army, 
Kentucky  : 

The  Thirty-second  Tennessee  regiment  reached 
Fort  Donelson  on  the  night  of  the  tenth  instant, 
with  five  hundred  and  fifty-five  men,  rank  and 


file,  many  of  the  regiment  having  been  left  sick 
at  Russellville,  Kentucky,  many  at  Bowling 
Green,  Kentucky,  and  some  on  furlough  sick  at 
home.  We  were  placed  on  the  left  of  General 
Buckner's  division.  The  entire  regiment  was 
employed  making  intrenchments  till  the  same 
were  finished.  The  enemy  began  to  fire  upon 
us  with  artillery  and  sharp-shooters  as  early  as 
Tuesday  evening,  the  eleventh. 

The  weather  was  extremely  cold,  and  being 
kept  continually  at  labor  and  on  duty,  we  suffer 
ed  much  from  exposure.  The  regiment,  although 
held  in  readiness  at  every  moment,  was  not  en 
gaged  in  actual  fight  until  Saturday,  the  fifteenth. 
On  Friday  night  we  were  ordered  to  have  cooked 
rations  for  three  days,  and  with  knapsacks  pack 
ed,  to  be  ready  to  march  at  four  o'clock  next 
morning.  I  then  learned  that  it  had  been  deter 
mined  by  the  Generals  in  council  at  that  hour,  to 
march  to  the  extreme  left  of  our  intrenchments, 
attack  the  enemy's  right  wing,  and  turn  it,  and, 
if  we  succeeded,  to  march  for  Nashville.  The 
next  morning  at  four  o'clock,  our  brigade  march 
ed  to  the  left  of  our  intrenchments.  Just  as  we 
were  approaching  the  extreme  left  of  our  in 
trenchments,  General  Buckner  ordered  me  to 
place  my  regiment  in  column  of  division  under 
cover  of  the  hill  in  the  rear  of  Green's  battery, 
and  to  sustain  it.  We  remained  here  until  about 
ten  o'clock  A.M.,  when  General  Pillow  ordered 
me  to  move  my  regiment  to  the  right,  and  to 
cross  the  intrenchments  and  attack  a  battery  of 
the  enemy,  which  was  then  firing  at  us,  and 
seemed  to  be  situated  some  eight  hundred  yards 
from  our  intrenchments.  Just  as  we  were  march 
ing  across  the  intrenchments,  General  Buckner  and 
Colonel  Brown  came  up ;  and  upon  learning  the 
order  General  Pillow  had  given,  General  Buckner 
ordered  me  to  proceed  to  attack  the  battery,  and 
ordered  Colonel  Palmer,  with  his  regiment,  to 
sustain  me.  I  forwarded  the  regiment,  crossed 
the  intrenchments,  threw  out  two  companies  as 
skirmishers,  and  moved  forward  the  regiment  in 
the  direction  of  the  enemy's  battery.  The  skir 
mishers  very  soon  engaged  the  enemy's  skirmish 
ers,  drove  them  back,  killing  some,  taking  'five 
prisoners,  and  capturing  some  five  Minie  mus 
kets. 

We  moved  forward  through  woods  with  thick 
undergrowth ;  the  bushes  were  covered  with 
snow,  which  was  melting  slowly,  and  it  was  very 
difficult  to  move  forward.  We  had  advanced 
within  seventy-five  or  a  hundred  yards  of  the 
enemy,  and  he  had  opened  fire  upon  us  with  his 
battery,  when  Colonel  Brown  rode  up,  and  or 
dered  me  to  move  my  regiment  to  the  right,  and 
attack  the  battery  at  this  point.  The  bushes 
were  very  thick,  and  we  could  with  great  difficul 
ty  move  forward.  Our  skirmishers  fired  upon 
the  enemy,  and  rallied  upon  the  battalion.  I 
immediately  ordered  the  regiment  to  kneel  and 
fire,  and  to  load  and  fire  kneeling.  The  fire  be 
gan.  Colonel  Palmer,  on  my  left,  immediately 
opened  fire  from  his  regiment.  The  firing  was 
kept  up  rapidly.  The  regiment  all  the  while 
slowly  but  gradually  moved  forward.  We  wer« 


448 


REBELLION   RECORD,  1862-63. 


During  the  engagement  on  the  fifteenth,  we 
lost  in  killed  and   had  wounded  in  company  At 

»-»  n  •»-»  A  ^  f^     Iv-wr     ^««-»±^  C«     A^TCll  !     ,     A\rrt— 1 .    ^     1_M1   -   J 


protected  by  cover  of  the  timber  and  hill  from 

the   enemy's    shot.      Lieutenant-Colonel    W.   P.  ,. ,   .., 

Moore  fell  very  early  in  the  action,  wounded  in  >  commanded  by  Captain  Willis  Worley,  one  killed, 
the  right  knee,  and  was  carried  from  the  field  to  three  wounded,  whose  names  I  cannot  give,  as 
the  hospital.  This  left  me  with  no  field-officer  I  have  no  report  from  company  A.  I  hereto  at- 
to  aid  me,  Major  Brownlow  having  been  left  sick  tach  a  list  of  the  other  companies  of  the  regiment, 
at  Russellville — Adjutant  Jones  being  on  duty  '  giving  the  names,  number  engaged,  and  the  kill- 
part  of  the  day,  but  was  not  with  the  regiment  ed,  wounded,  and  missing.  At  the  earliest  mo- 
in  the  engagement.  I  soon  discovered  many  of  i  ment  it  can  be  obtained,  I  will  forward  a  list  of 
the  muskets  failed  to  fire,  the  priming  being  wet,  company  A,  to  be  made  a  part  of  the  exhibit 
(the  most  of  the  regiment  being  armed  with  in-  j  hereto. 

ferior  flint-lock  muskets.)  After  a  while  the  left  Our  gallant  Colonel  Moore  died  from  the  wound 
wing  of  the  regiment  began  to  Ml  back  slowly,  I  he  received.  The  regiment,  as  well  as  all  who 
and  then  the  right  wing,  in  good  order ;  and  be-  !  knew  him,  deeply  mourn  his  death, 
ing  satisfied  the  condition  of  many  of  the  guns,  I  The  Surgeon,  James  F.  Grant,  Quartermaster 
in  order  to  do  execution,  must  be  wiped  and  !  John  T.  Shephard,  Commissary  E.  Shields  Wil- 
dried,  and,  knowing  that  the  regiment,  after  \  son,  Quartermaster  Sergeant  James  P.  Campbell, 
falling  back  a  short  distance,  would  be  entirely  !  were  all  at  their  post  and  did  their  full  duty, 
protected  from  the  enemy's  shot,  I  determined  to  :  Captain  John  D.  Clark,  a  drill-master,  was  on 
let  them  fall  back.  After  they  fell  back  about  i  duty  during  the  entire  week,  and  in  the  engage- 
one  hundred  yards  I  halted  the  regiment,  and  j  ment  of  the  fifteenth.  Captain  D.  C.  Sims,  a 
ordered  the  men  to  wipe  and  dry  their  guns,  drill-master,  assigned  to  my  regiment,  was  on 
Upon  inquiry  as  to  why  they  fell  back,  the  offi-  ]  duty  a  portion  of  the  week,  but  not  in  the  en- 
cers  informed  me  they 'heard  an  order  "to  fall  'gagement  of  the  fifteenth,  being  reported  sick. 
back,"  and  believed  it  came  from  proper  author-  j  Recapitulation. — Number  of  regiment,  rank 
itr  After  the  guns  were  cleaned,  I  threw  out !  and  file,  at  Fort  Donelson,  five  hundred  and  fifty- 
two  companies  of  skirmishers,  who  proceeded  as  *  five  ;  number  of  regiment  at  Donelson,  not  en- 
far  as  the  "  Wynn's  ferry  road,"  in  which  was  '  gaged  on  Saturday,  twenty-one ;  number  of  re 
placed  the  enemy's  battery,  when  we  attacked,  \  giment,  at  Donelson,  engaged  on  Saturday,  five 
and  the  skirmishers  returned,  and  reported  that  i  hundred  and  thirty-four;  number  of  regiment 
the  enemy  had  retired  beyond  the  road,  and  |  killed,  three  ;  number  of  regiment  wounded  and 
could  not  be  seen.  After  waiting  some  time  and  j  surrendered,  fifteen  ;  number  of  regiment  wound- 
receiving  no  orders,  Colonel  Palmer  and  I,  after  i  ea"  and  not  surrendered,  twenty-one  ;  number  of 
consultation,  determined  to  march  our  regiments  j  regiment  missing,  one  ;  number  of  regiment  es- 
back  to  the  intrenchments  where  we  had  crossed,  caped,  one  ;  number  of  regiment  wounded,  thirty  - 
and  where  my  regiment  had  left  their  knapsacks,  six;  number  of  regiment  surrendered,  five  hun- 
When  we  reached  the  intrenchments,  Major  Cos-  dred  and  twenty-eight. 
by  gave  me  an  order  from  General  Buckner  to 
march  my  regiment  immediately  back  to  the  in 
trenchments  we  had  left  in  the  morning.  At 
this  moment  we  felt  satisfied  that  the  AYynn's 


ferry  road  was  clear,  and  the  way  to  Nashville 
open;  "that  fortune  had  smiled  upon  us,  and 
that  we  ought  to  prove  to  her  we  were  worthy  of 
her  favors."  We  marched  rapidly  back  to  our 
intrenchments,  and  took  position  in  them.  In  a 
few  minutes  the  enemy  appeared  in  large  force 
in  front  of  us,  and  threatened  to  attack  us  until 
night  came  on.  Early  at  night  I  received  orders 


- 
Respectfully, 


ED.  C.  COOK, 


Colonel  Thirty-second  Tennessee  Regiment. 
FORT  WARREN,  July  30,  1862. 


REPORT    OF    MAJOR    W.    L.    DOSS. 

To  Colonel  John  C.  Brown,  Commanding  First 
Brigade,  General  Buckner'  s  Division: 
SIR  :  I  have  the  honor  to  report  the  following 
operations  of  the  Fourteenth  regiment  Mississippi 
volunteers,  during  the  engagement  at  Fort  Don 
elson,  ending  on  the  fifteenth  February,  1802. 

On  the  morning  of  the  fifteenth  of  February,  at 
three  o'clock  A.M.,  I  received  orders  to  have  my 

in 


to  have  three  days'  cooked  rations  prepared,  and   regiment   in   readiness  to  move  in  two   hours, 
with  knapsacks  packed,  to  be  ready  to  march  at  I  About  daylight  we  took  up  line  of  march  in  the 


four  o'clock  next  morning.  At  the  appointed 
hour  we  marched  out  for  Dover,  and  before  we 
reached  Dover  we  were  ordered  to  return  to  our 
intrenchments,  and  learned  that  capitulation  for 
a  surrender  was  going  on.  It  gives  me  pleasure 
to  state  that  the  officers  and  privates  of  the  re 
giment,  although  jaded  from  labor  and  exposure, 
at  all  times  exhibited  great  willingness  to  obey, 
and  anxiety  to  promptly  execute  all  orders.  In 
battle  they  behaved  coolly  and  courageously, 
and  not  one  of  the  regiment  ever  left  the  line  or 
his  post  of  duty.  The  morale  of  the  regiment 
was  not  corrupted  or  destroyed,  and  even  after  it 
was  known  we  were  surrendered,  we  had  not  a 
single  straggler  from  the  regiment 


direction  of  our  left  wing.  It  was  with  great  dif 
ficulty  that  we  progressed,  owing  to  the  country, 
which  was  hilly  or  mountainous,  and  covered  with 
snow  and  ice. 

During  our  march  shells  were  constantly  fall 
ing  around  us,  without  doing  us  any  damage,  un 
til  we  halted  in  rear  of  the  intrenchments,  where 
I  formed  the  regiment  in  close  column  by  com 
pany.  We  were  protected  to  some  extent  from 
the  shells  of  the  enemy  by  forming  on  the  hill 
side,  which  was  thickly  set  with  undergrowth. 
At  this  place  Captain  J.  L.  Crigler,  of  company 
G,  was  severely  wounded  in  the  right  arm,  by 
the  explosion  of  a  shell,  and  was  unable  to  pro 
ceed  farther  with  his  company. 


DOCUMENTS. 


440 


I  received  orders  to  deploy  two  companies  as 
skirmishers,  and  soon  after  the  battalion  was  or 
dered  to  dislodge  a  battery  in  position,  apparently 
about  four  hundred  yards  to  our  front.  The 
regiment  moved  off  by  the  right  flank,  until  it 
reached  our  intrenchmcnts,  when  it  advanced  in 
line  of  battle.  We  very  soon  came  to  a  small 
field,  containing  about  ten  or  fifteen  acres,  where 
our  march  was  somewhat  impeded  by  an  abatis 
made  by  the  enemy.  At  this  point  we  were  fired 
upon  by  their  skirmishers.  I  ordered  the  bat 
talion  not  to  return  the  fire.  The  right  wing  of 
he  battalion  was  faced  to  the  right,  and  marched 
up  the  hill  some  distance  under  a  heavy  fire ; 
then  faced  to  the  front,  and  ordered  to  open  fire 
upon  the  enemy.  In  the  mean  time  the  left  wing 
had  marched  through  a  gap  in  the  abatis,  faced 
to  the  right  and  rejoined  the  four  right  compa 
nies,  when  a  general  engagement  ensued.  At 
this  point  Captain  F.  M.  Rogers,  of  company  E, 
fell,  gallantly  cheering  his  men  on.  The  engage 
ment  at  this  point  continued  for  about  an  hour  or 
more ;  the  men  displaying  great  coolness  and 
bravery,  and  the  officers  great  gallantry.  The 
regiment  suffered  severely  at  this  point,  and  was 
ordered  to  retreat  by  Major  Cassady,  who  had 
been  appointed  by  General  Buckner  to  assist  me, 
(Colonel  Baldwin  being  in  command  of  a  brigade 
on  the  extreme  left.)  After  falling  back  some 
two  hundred  yards,  I  endeavored  to  rally  the  re 
giment  on  the  Eighteenth  Tennessee  regiment, 
but  Major  Cassady  insisted  and  gave  the  order  to 
the  regiment  to  fall  back  to  the  intrenchments, 
which  was  done.  After  remaining  there  about 
one  hour,  we  were  again  ordered  out  by  General 
Buckner  to  support  a  section  of  Captain  Graves' s 
battery.  We  marched  down  the  Wynn's  ferry 
road  about  one  mile,  and  halted  on  the  top  of  a 
hill  by  General  Buckner,  when  the  enemy's  bat 
tery  opened  a  galling  fire  of  shot  and  shell  upon 
us.  It  was  soon  ascertained  that  Captain  Graves' s 
battery  could  do  but  little  good  there,  and  was 
ordered  back,  (I  think  by  General  Pillow,)  where 
upon  my  regiment  was  ordered  to  take  its  origi 
nal  position'on  the  right.  Upon'our  arrival  there 
•we  found  that  the  enemy  were  in  possession  of 
the  intrenchments  on  the  extreme  right,  which 
had  been  occupied  by  the  Second  Kentucky  regi 
ment,  and  which  was  then  engaged  with  the  ene 
my  to  regain  their  original  position. 

My  regiment  was  immediately  ordered  to  their 
support,  and  on  arriving  there  we  found  the  ene 
my  advancing  upon  us  in  considerable  numbers, 
when  we  were  ordered  to  open  fire  upon  them, 
which  was  kept  up  from  about  three  o'clock  until 
about  dark,  when  the  enemy  retired.  The  men 
slept  upon  their  arms  during  the  night.  About 
one  o'clock  I  received  your  order  to  have  my  re 
giment  ready  to  march  in  an  hour,  which  order 
was  countermanded  about  daylight. 
Respectfully  submitted, 

W.  L.  Doss, 

Major  Commanding  Fourteenth  Regiment  Mississippi  Volun 
teers. 


REPORT  OF  COLONEL  A.  HEIMAN. 

RICHMOND,  August  9,  1862. 

Major  G.  B.  Cosby,  A.  A.  General: 

SIR  :  My  imprisonment  since  the  surrender  of 
the  troops  at  Fort  Donelson,  prevented  me  from 
reporting  the  operations  of  the  brigade  under  my 
command  during  the  action  at  Fort  Donelson  be 
fore  now.  In  the  absence  of  General  Pillow,  who 
commanded  the  division  to  which  my  brigade  was 
attached,  it  becomes  my  duty,  and  I  have  the 
honor  to  submit  to  you  the  following  report : 

After  the  battle  of  Fort  Henry,  on  the  sixth  of 
February  last,  I  was  directed  by  General  Tilgh- 
man,  then  in  command  of  the  defences  of  the 
Tennessee  and  Cumberland  Rivers,  to  retreat  with 
the  garrison  of  the  Fort  by  the  upper  road  to  Fort 
Donelson.  The  garrison  consisted,  besides  the 
company  of  artillery  which  was  surrendered  with 
the  Fort,  of  two  brigades,  the  first  commanded 
by  myself,  and  the  second  by  Colonel  Drake, 
consisting  of  an  aggregate  of  about  two  thousand 
six  hundred  men.  After  a  very  tedious  march, 
we  reached  Fort  Donelson  <it  twelve  o'clock 
at  night,  where  Colonel  Head,  of  the  Thirtieth 
Tennessee,  was  in  command  during  the  absence 
of  General  Tilghman.  Expecting  the  arrival  of 
B.  R.  Johnson  and  other  general  officers  in  a  few 
days,  I  did  not  assume  command,  which  would 
have  been  my  duty,  being  next  in  command  to 
General  Tilghman. 

General  Johnson  arrived  on  the  eighth,  General 
Pillow  on  the  ninth,  General  Buckner  on  the 
twelfth,  and  General  Floyd  on  the  thirteenth  of 
February. 

The  brigade  assigned  to  my  command  consist 
ed  of  the  Tenth  Tennessee,  Lieutenant-Colonel  Mc- 
Gavock,  Forty-second  Tennessee,  Colonel  Quarles, 
Forty-eighth  Tennessee,  Colonel  Voorhies,  Fifty- 
third  Tennessee,  Colonel  Abernathy,  Twenty-sev 
enth  Alabama,  Colonel  Hughes,  and  Captain  Ma- 
ney's  light  battery,  amounting  in  all  to  an  aggre 
gate  of  about  one  thousand  six  hundred  (1600) 
men. 

This  brigade  formed  the  right  of  General  Pil 
low's  division,  and  was  in  line  on  the  left  of  the 
division  of  General  Buckner,  who  commanded  the 
right  wing. 

The  ground  I  occupied  in  line  of  defence  was  a 
hill  somewhat  in  the  shape  of  a  V,  with  the  apex 
at  the  angle,  which  was  the  advance  point  as  well 
as  the  centre  of  my  command,  and  nearly  the 
centre  of  the  whole  line  of  defence.  From  this 
point  the  ground  descended  abruptly  on  each  side 
to  a  valley.  The  valley  on  my  right  was  about 
five  hundred  yards  in  width,  and  divided  my  com 
mand  from  General  Buckner's  left  wing.  Theona 
on  my  left  was  about  half  that  width,  and  run 
between  my  left  wing  and  the  brigade  command 
ed  by  Colonel  Drake.  These  two  valleys  united 
about  a  half  a  mile  in  the  rear.  The  ground  in 
front  of  my  line  (two  thousand  six  hundred  feet 
in  length)  was  sloping  down  to  a  ravine,  and  was 
heavily  timbered. 

We  commenced  to  dig  rifle-pits  and  felling 
abatis  on  the  eleventh,  and  continued  this  work 
during  the  following  night,  under  the  directions 


450 


REBELLION  RECORD,  1862-63. 


of  Major  Gilmer  and  Lieutenant  Morris,  Engi 
neers,  the  latter  belonging  to  General  Tilghmaivs 
staff.  The  pits  were  occupied  by  Lieutenant-Col 
onel  McGavock's  regiment  on  the  right,  Colonel 
Voorhies's  regiment  on  the  left,  Colonels  Aber- 
nathy's  and  Hughes1  s  regiments  and  Maney's  bat 
tery  in  the  centre.  Colonel  Quarles's  regiment 
I  held  in  reserve,  but  several  of  his  companies 
also  had  to  occupy  the  pits,  the  other  regiments 
not  being  sufficient  to  cover  the  whole  line.  Col 
onel  Head,  Thirtieth  Tennessee  regiment,  occu 
pied  the  valley  between  my  command  and  Colo 
nel  Drake's  brigade.  I  was  afterward  informed 
that  this  regiment  also  was  placed  under  my 
command,  but  the  Colonel  not  having  reported 
to  me,  I  did  not  know  it. 

In  the  mean  time  the  enemy  commenced  form 
ing  his  line  of  investment,  and  his  pickets  were 
seen  in  every  direction.  Early  on  the  morn 
ing  of  the  twelfth  he  had  two  batteries  placed 
in  range  of  my  position,  one  on  my  left  and 
front,  and  the  other  on  the  other  side  of  the 
valley  on  my  right.  Both  were  in  the  edge  of 
the  woods  and  under  cover,  while  Captain  Ma 
ney's  battery  on  the  summit  of  the  hill  was  en 
tirely  exposed,  not  only  to  the  enemy's  artillery, 
but  also  to  their  sharp-shooters.  No  time  could 
yet  have  been  spared  to  protect  his  guns  by  a 
parapet ;  besides,  we  were  ill  provided  with  tools 
for  that  purpose.  However,  our  battery  had  some 
advantage  over  the  battery  on  my  left  in  altitude, 
and  had  also  a  full  range  of  a  large  and  nearly 
level  field  to  the  left,  which  the  enemy  had  to 
cross  to  attack  Colonel  Drake's  position,  or  my 
own  from  that  direction.  In  that  respect  and 
some  other  points  the  position  of  my  battery  was 
superb.  The  enemy's  battery  on  my  right  had 
only  range  of  part  of  my  right  wing,  but  was  in 
a  better  position  to  operate  on  General  Buckner's 
left  wing.  Both  batteries  opened  fire  at  seven 
o'clock  in  the  morning,  and  kept  it  up  until  five 
o'clock  in  the  evening,  firing  at  any  position  on 
our  line  within  their  range.  Their  fire  was  re 
turned  by  Maney's  battery,  Graves's  battery  of 
Colonel  Brown's  command,  and  a  battery  at  Col 
onel  Drake's  position.  The  enemy's  guns  were 
nearly  all  rifled,  which  gave  them  a  great  advan 
tage  in  range  and  otherwise.  However,  with  the 
exception  of  the  loss  of  two  artillery  horses,  my 
command  met  with  no  other  serious  casualties 
on  that  day.  At  night  I  strengthened  my  pick 
ets  and  directed  Lieutenant-Colonel  McGavock 
to  throw  a  strong  picket  across  the  valley  on  my 
right.  There  were  no  rifle-pits  or  any  other  de 
fences  in  that  valley,  although  a  road  leading 
from  Dover  to  Paris  Landing  on  the  Tennessee 
River  runs  through  it.  Colonel  Cook,  of  Colo 
nel  Brown's  brigade,  cooperated  with  Lieuten 
ant-Colonel  McGavock  in  guarding  this  point 
afterward.  Strong  parties  were  kept  at  work 
during  the  whole  night  in  improving  the  rifle-pits 
and  felling  abatis. 

Daylight  next  morning  (thirteenth)  showed 
that  the  enemy  was  not  idle  either.  During  the 
night  he  placed  another  battery  in  position  on 
my  left,  and  the  one  on  my  right  he  had  consid- 


'  erably  advanced,  to  get  a  better  range  on  my 
i  right  and  centre,  and  on  Cap'tain  Graves's  bat 
tery.  He  had  also  thrown  across  the  main  val 
ley  two  lines  of  infantry,  (advance  and  rear,) 
about  three  quarters  of  a  mile  from  our  line, 
and  the  firing  of  all  his  batteries  was  resumed 
early  in  the  morning,  and  was  promptly  answered 
j  by  our  batteries.  One  of  our  gunners  had  both 
his  hands  shot  off  while  in  the  act  of  inserting 
the  friction  primer. 

At  about  eleven  o'clock  my  pickets  came  in, 
informing  me  of  the  advance  of  a  large  column 
of  the  enemy.  Having  myself  been  convinced 
of  that  fact,  and  finding  that  they  were  deploying 
their  columns  in  the  woods  in  front  of  my  right 
and  centre,  I  directed  Captain  Maney  to  shell 
the  woods,  and  use  grape  and  canister  when  they 
came  within  the  proper  range,  which  was  prompt 
ly  executed.  Captain  Graves  seeing  the  enemy 
advancing  upon  my  line,  with  excellent  judgment, 
opened  his  battery  upon  them  across  the  valley. 
In  the  mean  time,  their  sharp-shooters  had  ap 
proached  my  line  through  the  woods,  fired  their 
Minie  rifles  frbm  behind  the  trees,  killing  and 
wounding  Maney's  gunners  in  quick  succession. 
First  Lieutenant  Burns  was  one  of  the  first  who 
fell.  Second  Lieutenant  Massey  was  also  mor 
tally  wounded,  but  the  gallant  Maney,  with  the 
balance  of  his  men,  stood  by  their  guns  like  true 
heroes,  and  kept  firing  into  their  lines,  which 
steadily  advanced  within  forty  yards  of  our  rifle- 
pits,  determined  to  force  my  right  wing  and  cen 
tre.  Now  the  firing  commenced  from  the  whole 
line  of  rifle-pits  in  quick  succession.  This  con 
stant  roar  of  musketry,  from  both  lines,  was 
kept  up  for  about  fifteen  minutes,  when  the  ene 
my  were  repulsed,  but  they  were  rallied,  and  vig 
orously  attacked  us  the  second  and  third  times, 
but  with  the  same  result,  and  they  finally  re 
tired.  They  could  not  stand"  our  galling  fire. 
The  dry  leaves  on  the  ground  were  set  on  fire  by 
our  batteries,  and  I  regret  to  state  that  several 
of  their  wounded  perished  in  the  flames.  The 
pickets  I  sent  out  after  their  retreat,  brought  in 
about  sixty  muskets  and  other  equipments  they 
had  left  behind.  I  learned  from  two  prisoners 
who  were  brought  in,  that  the  attack  was  made 
by  the  Seventeenth,  Forty-eighth,  and  Forty- 
ninth  Illinois  regiments,  and  have  since  learned 
from  their  own  report  that  they  lost  in  that 
attack  forty  killed  and  two  hundred  wounded. 
Our  loss  I  cannot  accurately  state,  nor  am  I  able 
to  give  the  names  of  killed  and  wounded,  as  sub 
sequent  events  prevented  me  from  getting  reports 
of  the  different  commanders  ;  but  I  am  sure  that 
my  loss  is  not  over  ten  killed  and  about  thirty 
wounded,  nearly  all  belonging  to  Captain  Ma 
ney's  artillery  and  Colonel  Abernathy's  regiment, 
which  was  at  that  time  under  the  command  of 
Lieutenant-Colonel  Winston.  The  firing  from 
their  batteries  continued  all  day.  Late  in  the 
evening,  General  Pillow  reenforced  me  with  a 
section  of  a  light  battery  under  Captain  Parker. 
The  night  was  unusually  cold  and  disagreeable. 
Snow  and  sleet  fell  during  the  whole  night ;  nev 
ertheless,  we  constructed  a  formidable  parapet 


DOCUMENTS. 


451 


in  front  of  the  battery,  in  which  I  was  actively 
assisted  by  Major  Grace,  of  the  Tenth  Tennessee. 
This  hard  and  most  unpleasant  labor  was  chiefly 
performed  by  Colonel  Quarles's  regiment.  It 
was  a  horrible  night,  and  the  troops  suffered 
dreadfully,  being  without  blankets. 

Next  day,  (fourteenth,)  finding  the  enemy  again 
in  line  across  the  valley,  and  believing  that  he 
would  attempt  to  force  my  line  on  my  right,  I 
directed  Captain  Maney  to  move  a  section  of  his 
battery  down  the  hill  in  range  of  the  valley. 
The  advance  of  the  enemy  toward  this  direction 
would  then  have  been  checked  by  Graves's  and 
Maney's  batteries,  and  the  fires  of  McGavock's 
and  Cook's  regiments,  from  the  right  and  left; 
but  no  demonstration  was  made  in  that  direc 
tion,  although  I  considered  it  the  weakest  point 
in  our  line. 

During  the  whole  day  my  command  was  ex 
posed  to  a  cross-fire  of  the  enemy's  batteries,  and 
were  much  annoyed  by  their  sharp-shooters.  At 
eleven  o'clock  at  night  I  was  summoned  to  at 
tend  a  consultation  of  general  officers  at  General 
Floyd's  headquarters. 

The  general  opinion  prevailed  that  the  place 
could  not  be  held  against  at  least  treble  the  num 
ber  of  our  forces,  besides  their  gunboats,  and 
that  they  could  cut  off  our  communication  at 
any  time  and  force  a  surrender,  therefore  it  was 
agreed  to  attack  the  enemy's  right  wing  in  force 
at  four  o'clock  in  the  morning,  and  then  to  act 
according  to  circumstances,  either  to  continue 
the  fight  or  to  cut  through  their  lines  and  retreat 
toward  Nashville. 

General  Buckner  was  to  move  a  little  later  and 
attack  the  enemy's  flank  at  the  moment  he  was 
to  give  way  to  our  forces  in  his  front.  I  was  di 
rected  to  hold  my  position.  Colonel  Bailey  was 
to  remain  in  the  Fort,  (near  the  river,)  and  Head's 
regiment  was  to  occupy  the  vacated  rifle-pits  of 
General  Buckner's  command.  I  doubted  very 
much  that  these  positions,  isolated  as  they  were 
from  each  other,  could  be  held  if  attacked,  and  I 
stated  my  fears  to  General  Floyd,  who  replied,  if 
pressed,  to  fall  back  on  the  Fort,  or  act  as  circum 
stances  would  dictate.  At  the  appointed  hour 
on  the  fifteenth,  the  different  brigades  moved  to 
their  assigned  positions. 

Major  Rice,  Aid-de-Camp  to  General  Pillow, 
brought  an  order  to  me  from  General  Buckner, 
to  send  a  regiment  forward,  and  hold  the  Wynn's 
ferry  road  until  the  arrival  of  General  Buck 
ner's  division.  This  duty  I  assigned  to  Colonel 
Quarles's  regiment,  who  returned  after  the  ful 
filment  of  this  order.  Major  Cunningham,  Chief 
of  Artillery,  directed  by  General  Floyd,  reported 
to  me  that  two  light  batteries  were  at  my  dispo 
sal.  Having  more  guns  than  I  could  use  to  an 
advantage,  and  not  a  sufficient  number  of  gun 
ners  to  work  them,  I  respectfully  declined  the 
offer,  but  requested  him  to  send  me  efficient  gun 
ners  for  at  least  one  battery.  This  was  done. 
Major  Cunningham  came  with  them  and  remained 
with  me  for  some  time.  During  the  day  my 
guns  were  used  to  the  best  advantage,  and  at  one 
time  with  excellent  effect  against  the  enemy's 


cavalry,  who  immediately  after  were  pursued  by 
Forrest's  cavalry. 

About  noon  I  was  directed  by  an  Aid-de-Camp 
of  General  Buckner  to  guard  the  fire  of  my  bat 
tery,  as  he  intended  to  send  a  column  to  charge 
one  of  the  enemy's  batteries.  Seeing  these  regi 
ments  pass  my  left  in  the  open  field,  and  being 
aware  that  my  left  wing  could  not  be  attacked  at 
that  time,  I  sent  two  regiments  from  my  left, 
(Colonel  Voorhies  and  Colonel  Hughes,)  to  their 
support,  but  before  they  could  reach  the  ground, 
the  three  attacking  regiments  were  withdrawn. 
The  battery  was  not  taken,  and  my  regiments 
returned.  Early  in  the  evening  the  different 
troops  were  ordered  back  to  their  respective  rifle- 
pits,  but  the  fighting  continued  at  different  points 
until  night.  At  two  o'clock  in  the  morning  of 
the  sixteenth,  Lieutenant  Morman,  Aid-de-Camp 
to  General  Johnson,  brought  the  order  to  vacate 
the  rifle-pits  without  the  least  noise,  and  to  fol 
low  the  movement  of  the  troops  on  my  left,  stat 
ing  at  the  same  time  that  it  was  the  intention  to 
fight  through  their  lines  before  the  break  of  day. 
All  the  forces  were  concentrated  near  Dover,  un 
der  the  command  of  General  Johnson.  In  the 
mean  time  white  flags  were  placed  on  the  works 
of  our  former  lines,  and  by  the  time  the  sun  rose 
above  the  horizon,  our  forces  were  surrendered. 

Much  credit  is  due  to  Captains  Maney  and 
Parker,  of  the  artillery,  for  their  gallant  conduct 
during  the  action,  as  well  as  to  many  other  offi 
cers  and  men,  whom,  in  the  absence  of  reports 
from  their  respective  commanders,  I  am  unable 
to  particularize,  but  it  gives  me  great  pleasure  to 
state,  that  with  very  few  exceptions,  they  all  have 
done  their  duty  like  brave  and  gallant  soldiers. 

To  Captain  Leslie  Ellis,  Acting  Assistant  Adju 
tant-General,  and  my  Aid-de-Camp,  Captain  Bo- 
len,  I  am  particularly  indebted  for  their  untiring 
exertions  in  assisting  me  in  the  performance  of 
my  duties.  Very  respectfully, 

Your  obedient  servant, 
A.  HEIMAN, 

Colonel  Commanding  Brigade. 
REPORT  OF  THE  FORTY-SECOND  TENNESSEE  REGIMENT. 

COLUMBIAN  HOTEL,  RICHMOND,  VIRGINIA,  I 
August  11,  1S62.  J 

To  Brigadier- General  Buckner : 

SIR:  The  Forty-second  Tennessee  regiment, 
Colonel  Quarles,  was  quartered  at  Clarksville, 
Tennessee,  and  on  Wednesday,  the  twelfth  of 
February,  received  orders  from  Brigadier-General 
Pillow  to  proceed  to  Fort  Donelson,  where  we 
arrived  next  morning  on  a  transport  under  a 
heavy  fire.  The  companies  were  formed  on  the 
boat  and  marched  off  in  regular  order,  and  in 
passing  through  the  village  of  Dover,  we  had 
two  or  three  men  wounded,  one  mortally,  by  the 
enemy's  shells.  We  were  consigned  to  Colonel 
Heiman's  brigade,  where  a  hot  fire  was  then  being 
carried  on.  Three  companies  were  thrown  into 
the  trenches  on  the  flank  of  Colonel  Abernathy's 
regiment  ;  the  balance  were  retained  as  a  sup 
port.  Soon  after  our  arrival  the  firing  cease1, 
and  the  enemy  withdrew.  In  the  course  of  the 
evening  the  whole  regiment  was  thrown  into  th« 


452 


REBELLION  RECORD,  1862-63. 


trencher,  where  they  remained  until  Saturday 
morning,  with  but  little  skirmishing,  when  the 
regiment  was  ordered  about  half  a  mile  to  the  left 
and  again  placed  in  the  trenches.  Here  it  was  not 
designated  to  what  brigade  the  regiment  belong 
ed.  A  heavy  conflict  was  here  being  waged  in 
our  front  about  ten  o'clock  A.M.  I  believe  it  was 
your  brigade  engaged,  and  it  was  here  the  cool 
ness  and  daring  of  Colonel  Quarles  first  became 
conspicuous.  The  regiment  on  his  flank  began 
to  leave  the  trenches  under  a  heavy  fire  from  the 
enemy's  batteries.  Colonel  Quarles  rallied  the 
stragglers  and  returned  them  to  the  trenches. 
The  regiment  remained  here  until  about  four 
o'clock  P.M.,  when  we  were  ordered  to  the  ex 
treme  right,  where  the  enemy  were  reported  to 
have  taken  some  of  our  trenches.  Cold  and 
benumbed  as  were  the  troops,  they  double- 
quicked  for  one  and  a  half  miles  through  the 
mud,  slush,  ice,  and  snow,  formed  in  front  of 
the  enemy,  and  with  a  brisk  fire  of  some  twenty 
minutes  caused  the  enemy  to  retire. 

I  believe  you  were  present,  and  know  with 
what  gallantry  it  was  done.  Before  closing  my 
report,  I  will  call  your  attention  to  the  cool, 
gallant  conduct  of  Colonel  Quarles.  He  was 
always  at  the  head  of  his  regiment,  and  set  a 
gallant  example  for  his  officers  and  men. 

The  loss  of  the  regiment  was  eleven  wounded, 
four  mortally.  The  number  engaged,  four  hun 
dred  and  ninety-eight,  rank  and  file. 

The  above  report  is  respectfully  submitted. 
T.  McGiNNis, 

Acting  Adjutant  Forty-second  Tennessee  Regiment. 

REPORT  OF  COLONEL  JOHN  W.  HEAD. 

CHATTANOOGA,  TENNESSEE,  August  23, 1S62. 

To   8.    Cooper,    Adjutant- General    Confederate 

States : 

SIK:  The  surrender  of  Fort  Donelson  having 
prevented  me  from  making  a  regular  report,  by 
the  advice  of  General  Buckner  I  respectfully  sub 
mit  the  following  to  you: 

In  the  organization  of  the  troops  at  Fort  Don 
elson  by  General  Pillow,  after  the  fall  of  Fort 
Henry,  the  Forty-ninth  regiment  of  Tennessee 
volunteers,  commanded  by  Colonel  Bailey,  the 
Fiftieth,  commanded  by  Colonel  Sugg,  and  the 
Thirtieth,  commanded  by  myself,  were  placed 
under  my  command  as  a  brigade,  and  ordered  to 
garrison  the  Fort.  On  Wednesday,  the  twelfth 
day  of  February,  two  of  the  enemy's  gunboats 
ascended  the  river  and  opened  a  fire  upon  the 
river  batteries  and  Fort.  This  was  continued 
but  a  short  time,  and  resulted  in  no  injury  to  us. 

On  Wednesday  evening  the  Thirtieth  regiment 
was  ordered  by  General  Pillow  to  take  position 
in  the  outer  line  of  defence  between  the  right  of 
the  brigade  commanded  by  Colonel  Drake  and 
the  left  of  the  brigade  commanded  by  Colonel 
Heiman. 

The  enemy  were  encamped,  in  force,  in  front 
of  the  position.  I  accompanied  the  regiment, 
leaving  the  Fort  garrisoned  by  the  Forty-ninth 
and  Fiftieth,  under  the  immediate  command  of 
Colonel  Bailey.  The  men  were  immediately  put 


to  work  preparing  rifle-pits  for  their  protection. 
The  pits  were  completed  by  Thursday  morning. 

We  were  fired  upon  occasionally  during  the 
fight  on  Thursday,  but  the  enemy  not  being  in 
range  of  our  guns,  it  was  not  returned  by  us. 

During  the  bombardment  of  the  Fort  and  river 
batteries  on  Friday  by  the  enemy  from  their 
boats,  our  position  was  in  range  of  their  fire. 
The  officers  and  men,  however,  behaved  with 
coolness  and  gallantry. 

About  two  o'clock  on  Saturday  morning,  I  re 
ceived  orders  to  report  my  regiment  to  General 
Buckner  on  the  right  wing.  This  I  did  without 
delay.  I  was  ordered  by  General  Buckner  to 
occupy  with  my  regiment  the  line  of  defence 
before  held  by  his  command,  and  if  attacked  and 
overpowered,  to  fall  back  into  the  Fort. 

The  trenches  to  be  held  covered  a  distance  of 
about  three  quarters  of  a  mile.  The  regiment 
numbered  about  four  hundred  and  fifty  men  fit 
for  duty.  The  companies  of  Captains  Carson 
and  Sample  were  placed  in  the  pits  on  the  ex 
treme  right,  before  held  by  the  regiment  of  Colo 
nel  Hanson  ;  the  company  of  Captain  Martin  was 
held  as  a  reserve.  The  three  companies  were 
placed  under  Major  Turner,  with  instructions  to 
report  the  first  appearance  of  the  enemy.  The 
balance  of  the  regiment  was  disposed  of  along  the 
pits  occupied  by  the  remainder  of  General  Buck- 
ner's  forces.  During  the  morning  a  brisk  fire 
was  kept  up  with  the  enemy's  sharp-shooters, 
resulting  in  a  few  casualties  on  both  sides. 

About  two  o'clock  P.M.,  the  forces  of  General 
Buckner  commenced  arriving  at  their  encamp 
ments  from  the  conflict  with  the  enemy  on  their 
right  wing,  my  regiment  still  occupying  the  pits. 
About  four  o'clock  P.M.,  and  before  the  regi 
ment  of  Colonel  Hanson  could  be  arranged  in  the 
pits,  the  enemy  in  heavy  force  attacked  the  three 
companies  under  Major  Turner  on  the  extreme 
right.  They  held  their  position  with  great  gal 
lantry,  pouring  a  destructive  fire  into  the  ranks 
of  the  enemy,  until  he  passed  between  the  pits 
and  overpowered  them.  They  then  fell  back 
across  a  ravine  on  the  next  hill,  and  in  connec 
tion  with  other  forces  resumed  the  fight.  I  imme 
diately  reported  the  facts  to  General  Buckner, 
who  ordered  out  a  part  of  his  command  to  sus 
tain  us.  Seeing  that  the  soldiers  of  General 
Buckner's  command  were  greatly  exhausted 
from  the  severe  conflict  they  had  been  engaged 
in  with  the  enemy  in  the  forenoon,  and  that  a 
bold  and  desperate  effort  was  being  made  to  force 
us  back,  I  ordered  the  Forty -ninth  and  the  right 
wing  of  the  Fiftieth  regiments  from  the  Fort  to 
sustain  us.  This  I  was  forced  to  do  without 
consultation  with  or  orders  from  General  Buck 
ner,  in  consequence  of  his  position  rallying  and 
bringing  his  men  into  the  engagement.  The  left 
wing  of  the  Fiftieth  was  left  in  the  Fort,  under 
Lieutenant-Colonel  Lockhart,  with  orders  to  re 
port  promptly  the  first  demonstration  against  the 
Fort.  I  also  ordered  the  companies  of  Captains 
Jones  and  Lovell,  of  the  Thirtieth,  from  their 
position  in  the  trenches,  it  being  out  of  the  range 
of  the  enemy,  to  sustain  their  comrades  on  the 


DOCUMENTS. 


453 


right.  The  remainder  of  the  Thirtieth  were  in  !  Tennessee.  When  I  arrived  there,  I  was  order- 
position  and  engaged  in  the  fight.  ed  by  General  Pillow  to  embark  immediately  for 
Lieutenant-Colonel  Robb,  of  the  Forty-ninth,  !  Fort  Donelson.  I  arrived  there  that  night,  lien- 
was  mortally  wounded  while  aiding  in  bringing  eral  Bushrod  Johnson  accompanied  us,  and  when 
the  regiment  into  the  fight.  He  was  an  officer  we  arrived  he  took  command.  General  Pillow 

of  high  moral  worth,  beloved  by  his  command,    arrived  on  the ,  and  soon  after  his  arrival  he 

and  acted  with  commendable  courage.  His  death  placed  the  troops  in  the  position  afterward  held 
was  a  serious  loss  to  the  service.  Colonels  Bai-  j  by  them.  I  was  assigned  to  the  extreme  right 
ley  and  Sugg  gallantly  led  their  commands  into  j  of  the  line,  extending  to  the  right  of  Colonel 
the  action.  Their  men  fought  with  great  cool- 1  Palmer's  regiment,  to  a  slough  formed  by  the 


ness  and  courage,  and  contributed  very  materially 
in  repulsing  the  enemy.  Indeed  all  the  officers 
and  men  under  my  command,  although  imper 
fectly  drilled,  discharged  their  duty,  and  are 
entitled  to  the  thanks  of  the  country.  They 


high  state  of  water  in  the  river.  The  position 
was  about  half  a  mile  in  length,  and  was  a  pro 
tection  in  front  and  to  the  right  of  the  original 
line  of  defence  marked  out  for  the  Fort.  I  was 
directed  to  construct  rifle-pits,  which  I  did,  locat- 


suffered  much  from  exposure  in  the  sleet  and  j  ing  them  more  than  a  hundred  yards  apart,  at 
snow,  for  want  of  sleep  and  food,  but  they  bore  I  points  best  commanding  the  approaches  to  the 
it  without  a  murmur.  Lieutenant-Colonel  Mur- 1  position.  They  were  made  in  a  day  and  a  night, 
phy,  of  the  Thirtieth,  was  confined  during  the  j  and  were  necessarily  very  imperfect.  I  was  di- 
greater  part  of  the  week  to  his  bed  from  sickness,  rected  to  give  up  my  tools  to  be  used  upon  other 

parts  of  the  defences.  On  Wednesday,  the  twelfth 
February,  the  enemy  made  his  appearance  in 
large  force,  pressing  around  in  our  front,  with 
the  evident  intention  of  investing  our  position. 
Nothing  was  done  to  oppose  or  prevent  his  prog 
ress,  and  the  following  morning  found  his  linea 
extending  from  the  point  of  their  disembarking 
to  a  point  on  the  river  above  our  position.  On 
Thursday  morning  the  enemy  made  three  seve« 
ral  attacks  upon  my  position  —  in  all  of  which 
they  were  repulsed  with  but  slight  loss  upon  our 


but,    when   able,   was  with   the  command   and 
rendered  efficient  service. 

Company  A,  of  the  Thirtieth,  commanded  by 
Captain  Bidwell,  was  in  charge  of  one  of  the 
river  batteries,  and  both  officers  and  men  won 
for  themselves  the  praise  of  all  who  witnessed 
their  heroic  conduct.  During  the  engagement  I 
also  ordered  two  of  the  heavy  guns  in  the  Fort  to 
open  upon  the  enemy.  About  eleven  o'clock 
Saturday  night,  I  received  orders  to  march  my 
brigade  into  Dover  immediately,  to  join  the  army 


in  the  evacuation  of  the  place.  By  two  o'clock  j  part  and  very  heavy  upon  theirs.  In  resist- 
A.M.,  I  was  in  Dover  with  my  command,  but  was  j  ing  these  attacks,  I  was  greatly  assisted  by  Por- 
then  ordered  back  to  camps,  information  having  j  ter's  battery  upon  the  left — it  always  fired  at  the 
been  received  that  the  place  was  surrounded.  I  |  right  time  and  to  the  right  place.  On  Thursday 


was  also  advised  that  a  surrender  was  determined 


upon, 


and  that  the  command  had  been  trans 


ferred  to  General  Buckner.     I  was  suffering  from 
exposure,  and  threatened  with  pneumonia. 

When  it  was  known  that  a  surrender  was  de- 


night  I  was  reeenforced  by  Captain  Jackson's 
Virginia  artillery  —  four  pieces.  Although  the 
night  was  cold  and  inclement,  and  the  men  much 
exhausted  from  the  day's  fighting  and  several 
days  of  hard  work,  we  succeeded  in  getting  these 


termined  upon,  the  surgeon  of  the  Thirtieth  ad-  pieces  in  good  position  and  well  protected.  On 
vised  me  that  if  I  was  taken  prisoner  in  my  j  Friday  I  was  reenforced  also  by  Colonel  Palmer's 
condition  it  might  cost  me  my  life.  I  called  upon  j  regiment.  We  remained  underarms  and  in  ranks 
General  Buckner,  stated  the  facts  to  him,  and  I  all  day  Friday,  expecting  the  attack  to  be  re- 
asked  his  advice  as  to  the  propriety  of  my  escap-  newed.  The  firing  of  the  sharp-shooters  was  in- 


ing.  He  replied  that  it  was  a  matter  that  I 
must  determine  for  myself;  that  he  felt  it  his 
duty  to  remain  and  share  the  fate  of  his  men. 
Feeling  that  I  could  be  of  no  service  to  my  com 
mand  or  to  the  country  by  a  surrender,  I  left  the 
encampment  and  made  my  escape  up  the  river. 
On  my  return  I  reported  myself  to  General  A. 
S.  Johnston,  at  Murfreesboro,  for  duty.  He  as 
signed  me  none.  I  was  unwilling  to  retain  my 


cessant  from  Thursday  morning  until  the  surren 
der,  disturbing  and  almost  destroying  the  repose 
of  my  command. 

On  Saturday  morning  I  was  conducted  by  your 
self  to  the  position  assigned  us,  as  a  reserved  re 
giment  and  a  supporting  force  for  Graves's  artil 
lery.  I  was  directed  not  to  leave  my  trenches 
until  I  was  relieved  by  a  Tennessee  regiment 
from  the  Fort.  The  failure  of  this  regiment  to 


commission  under  the  circumstances,  and  ten-  j  arrive  as  soon  as  contemplated  delayed  me  in 
dered  my  resignation,  the  acceptance  of  which  j  reaching  the  point  assigned  me.  A  small  de- 
was,  as  I  was  advised,  recommended  by  General  •  tachment  of  Tennesseeans  arrived,  and  I  placed 


Johnston. 


JOHN  W.  HEAD, 

Colonel  Commanding  Brigade. 


REPORT  OF  COLONEL  ROGER  W.  HANSON. 

RICHMOND,  VA.,  August  8, 1S62. 

To  Major  #.  R  Cosby,  A.  A.  General. 


On  the 


day  of  February,  in  pursuance  of 


them  in  the  trenches,  and  immediately  thereafter 
moved  rapidly  to  the  battle-field. 

I  remained  in  rear  or  near  Graves's  battery, 
under  the  immediate  supervision  of  General  Buck 
ner,  until  about  noon,  when  Colonel  Baldwin,  of 
Mississippi,  announced  to  me  that  he  was  out  of 
ammunition,  and  stated  that  unless  he  could  get 


orders,  I  proceeded  with  my  regiment  upon  the  I  ammunition  and  reinforcements,  there  was  great 
cars  from  liusselbille,  Kentucky,  to  Clarksville,    danger  of  losing  the  ground  which  had  been  won. 


454 


REBELLION   RECORD,  1862-63. 


I  had  near  by  a  wagon  of  ammunition,  and  with 
the  perseverance  of  Quartermaster  Estcp  and  Lieu 
tenant  Semple  the  ammunition  was  soon  sup 
plied.     Previous  to  this  period,  some  one,  irount- 
ed  and  purporting  to  be  a  staff-officer,  approached 
the  regiment  and  ordered  off  two  of  the  left  com 
panies  to  reenforce  Colonel  Baldwin's  command. 
These  two  companies,   supposing  it  to  be   the 
order  of  General  Pillow  or  Buckner,  moved  off 
at  a  double-quick,  and  were  soon  engaged  with 
the  enemy,  and  against  greatly  superior  numbers. 
Colonel  McCausland,  of  Virginia,  arrived,  and 
said  that  unless  they  were  reenforced  the  enemy 
would  retake  what  they  had  gained  ;  that  after 
four   hours  of  hard   fighting,   the   enemy  were 
bringing  forward  new  troops,  and  in  overwhelm 
ing  numbers.     I  examined  the  state  of  the  con 
test.     I  saw  Colonel  Forrest  make  two  gallant 
l)ut  unsuccessful  charges.     I  saw  that  the  enemy 
were  gradually  driving  us  back.     My  men  were 
eager  for  the  fight.     I  felt  confident  I  could  dis 
lodge  the  enemy  and  drive  them  from  their  posi 
tion.     I  sent  for  General  Buckner  ;  he  had  gone 
to  the  right,  and  was  conducting  another  move 
ment.     There  was  no  time  for  delay.     I  conclud 
ed  to  take  the  responsibility  and  make  the  effort. 
I  marched  the  regiment  by  the  front  across 
the  abatis,  a  distance  of  more  than  a  quarter  of 
of  a  mile.     When   I  reached   the   little   ravine 
where  Forrest  was  with  his  cavalry,  I  halted  the 
regiment,  and  was  joined  by  the  two  detached 
companies.     In  front  of  us  was  an  open  space, 
which  had  formerly  been  occupied  as  a  camp. 
This   space  was   about  two   hundred   yards  in 
width.     Beyond  this  space,  in  the  timber  and 
thick  undergrowth,  the  enemy  were  posted.     I 
directed  the  regiment,  when  the  command  was 
given,  to  march  at  quick  time  across  this  space, 
and  not  to  fire  a  gun  until  they  reached  the  woods 
in  which  the  enemy  were  posted.     The  order  was 
admirably  executed,  and  although  we  lost  fifty 
men   in   killed   and  wounded,   in   crossing   this 
space,  not  a  gun  was  fired  until  the  woods  were 
reached.     The  enemy  stood  their  ground  until 
we  were  within  forty  yards  of  them,  when  they 
tied  in  great  confusion,  under  a  most  destructive 
fire.     This  was  not,  strictly  speaking,  a  charge 
bayonets,  but  it  would  have  been  one  if  the  ene 
my  had  not  fled. 

Graves's  battery  was  then  moved  up,  and  my 
regiment  moved  forward  several  hundred  yards. 
While  Graves  was  moving  up  his  ammunition, 
and  other  preparations  were  being  made  to  hold 
this  position,  the  order  came  from  General  Pillow 
*o  return  to  the  trenches.  Up  to  this  period  the 
success  was  complete. 

When  I  returned  to  my  position,  and  before 
the  companies  had  reached  the  trenches,  the  ene 
my  attacked  in  large  force  and  took  them.  I  fell 
back  to  the  original  line  of  defence,  and  being  re- 
enforced  by  several  regiments,  this  position  was  re 
trieved  ;  General  Buckner,  at  this  point,  being  pre 
sent  and  in  command.  This  position  was  a  strong 
er  one  than  the  one  lost,  and  every  effort  was  made 
that  night  to  construct  defences,  but  the  men 
were  so  exhausted,  from  labor  and  loss  of  sleep, 


that  it  was  utterly  impossible.  I  will  take  the 
liberty  to  add,  that  up  to  the  time  when  we  were 
ordered  back  to  the  trenches,  our  success  waa 
complete  and  our  escape  secure. 

It  is  also  my  opinion  that  the  exhaustion  of  the 
men  from  loss  of  sleep  and  labor,  together  with 
the  demoralization  caused  by  the  loss  of  our 
trenches  on  the  right,  rendered  the  surrender  un 
avoidable.  The  officers  and  men  of  my  regiment 
acted  with  great  gallantry.  The  list  of  the  killed 
and  wounded  I  have  heretofore  furnished. 

ROGER  W.  HANSON, 

Colonel  Second  Kentucky  Regiment 
REPORT   OP   COLONEL  JOHN  GREGG. 

RICHMOND,  VA.,  August  8,  18C2. 

Major  George  Cosby,  A.  A.  General,  Richmond : 
MAJOR  :  In  the  absence  of  any  one  who  was 
in  command  of  the  brigade  or  division  of  which 
my  regiment  was  a  part  at  the  time  of  the  battle 
of  Fort  Donelson,  I  make  my  report  of  the  ac 
tion  of  the  regiment  to  General  S.  B.  Buckner. 
I  hope  this  will  be  considered  proper,  as  it  is  the 
only  method  by  which  I  can  give  to  the  brave 
men  under  my  command  the  tribute  which  I 
think  due  to  their  behavior  in  that  battle. 

The  regiment  was  assigned  its  place  in  the  line 
designated  as  our  line  of  defence.  On  Wednesday, 
the  twelfth  February,  cleared  away  the  timber  in 
our  front,  and  completed  the  digging  of  our  rifle- 
pits  during  the  day  and  at  night.  The  enemy  began 
to  cannonade  our  intrenchments  at  nine  o'clock 
A.M.,  on  Thursday,  and  kept  it  up  until  four 
o'clock  P.M.,  during  the  greater  part  of  the  time 
making  an  enfilading  fire  with  shells,  which  was 
well  directed,  and  by  which  Lieutenant  E.  B. 
Rosson,  of  company  A,  was  killed,  and  Thomas 
Jordan,  a  private  in  company  G,  was  slightly 
wounded.  On  Friday  we  were  not  engaged.  But 
on  Saturday  morning,  about  half  an  hour  before 
sunrise,  we  set  out  with  other  regiments  to  make  • 
the  sortie  upon  the  enemy's  right  wing.  After 
filing  around  the  base  of  the  hill,  upon  which  the 
enemy  were  drawn  up,  we  came  to  our  position, 
at  the.  distance  of  half  a  mile,  upon  the  right  of 
our  line.  I  caused  the  regiment  to  front  and  ad 
vance  up  the  hill-side,  under  a  fire  from  the  ene 
my's  skirmishers.  Just  before  reaching  the  crest 
of  the  hill,  their  line  drawn  up  behind  it  deliv 
ered  fire,  and  a  most  galling  one  it  was.  Here 
fell  Lieutenant-Colonel  J.  M.  Clough,  Captain 
William  B.  Hill,  of  company  H,  and  Lieutqpant 
J.  W.  Nowlin,  of  company  A,  neither  of  whom 
spoke  after  being  shot;  and  here  also  quite  a 
number  of  our  non-commissioned  officers  and 
privates  were  killed  and  wounded.  But  our  line 
continued  to  advance,  pouring  a  most  destructive 
fire  into  the  enemy's  ranks.  In  about  half  an 
lour  their  line  broke,  and  we  pursued  them  to 
the  next  ridge,  upon  which  a  fresh  line  was 
drawn  up.  I  caused  the  regiment  to  continue 
our  forward  movement  and  to  keep  up  a  continu 
ous  fire,  and  in  a  short  time  the  second  line  broke 
and  fled,  leaving  in  our  hands  one  six-pounder, 
with  ammunition  and  horses.  We  continued  to 
press  them,  until  a  third  force  was  seen  drawn 


DOCUMENTS. 


455 


up  in  a  ravine  near  a  clearing,  and  upon  this  we 
pressed  and  continued  to  fire,  until  it  also  broke 
and  tied.  And  although  the  slaughter  of  the  en 
emy  had  before  been  very  great,  their  difficulty 
in  getting  through  the  felled  timber  caused  our 
fire  to  be  much  more  destructive  upon  them  at 
this  place.  For  more  than  the  distance  of  a  mile 
through  the  woods,  the  earth  was  strewed  with 
the  killed  and  wounded  of  the  enemy.  George 
Blain,  a  private  in  company  G,  captured  and 
brought  to  me  Major  Post,  of  the  Eighth  Illinois 
infantry,  and  there  were  other  prisoners  taken. 
But  all  this  was  not  done  without  severe  loss 
to  ourselves.  Of  the  three  hundred  and  fifty 
or  sixty  officers  and  men,  whom  I  led  into  the 
fight,  twenty  were  killed  on  the  field,  and  thirty- 
four  were  disabled  by  wounds.  I  must  acknow 
ledge  the  very  efficient  assistance  of  Major  Gran- 
bury  in  the  management  of  the  regiment  through 
out  the  entire  day.  Where  all  behaved  with  such 
coolness  and  courage,  it  is  hardly  admissible  to 
name  particular  individuals  ;  but  the  conspicuous 
gallantry  of  Lieutenant-Colonel  Clough,  of  Cap 
tain  Hill,  and  Lieutenants  Rosson  and  Nowlin, 
will  ever  be  thought  of  with  admiration  by  those 
who  witnessed,  and  cherished  as  a  glorious  mem 
ory  by  their  friends. 

Submitted  respectfully. 

JOHN  GREGG, 

Colonel  Seventh  Regiment  Texas  Infantry. 

Summary  of  killed  and  wounded  in  the  Second 

division,  central   army  of   Kentucky,  in    the 

engagements  at  Fort  Donelson,  Tennessee. 

In  the  Third  brigade,  Colonel  John  C.  Brown, 
commanding,  thirty -eight  killed,  two  hundred  and 
forty-six  wounded ;  aggregate  two  hundred  and 
eighty-four.  Second  Kentucky  regiment,  about 
eighty;  Issaquena  battery,  about  three;  Porter's 
battery,  about  twenty -five :  three  hundred  and 
ninety-two. 

In  the  two  regiments  of  the  Second  brigade, 
(Colonel  Baldwin,)  detached,  and  under  the  com 
mand  of  General  Pillow :  Twenty-sixth  Tennes 
see,  eleven  killed,  seventy-eight  wounded ;  Twen 
ty-sixth  Mississippi,  eleven  killed,  sixty-eight 
wounded;  staff  and  other  officers,  two  killed, 
fifteen  wounded :  aggregate,  one  hundred  and 
sixty -five :  total,  five  hundred  and  fifty-seven. 

The  proximate  aggregate  strength  of  the  vari 
ous  regiments  was  as  follows : 

Third  Tennessee,  seven  hundred  and  fifty ; 
Seventeenth  Tennessee,  six  hundred  and  twenty- 
five;  Thirty-second  Tennessee,  four  hundred; 
Fourteenth  Mississippi,  six  hundred  and  fifty ; 
Forty-first  Tennessee,  four  hundred ;  Second  Ken 
tucky,  six  hundred:  three  thousand  and  twenty- 
five.* 

Detached,  and  under  command  of  General  Pil 
low: 

Twenty-sixth  Tennessee,  four  hundred  and 
one ;  Twenty-sixth  Mississippi,  four  hundred  and 
forty-three :  eight  hundred  and  forty-four. 

Aggregate  strength  of  Buckner's  division,  un- 

*  This  should  be  three  thousand  four  hundred  and  twenty-five 
If  the  returns  are  correct.— Clerk. 


der  his  own  command,  exclusive  of  two  batteriea 
of  artillery,  three  thousand  and  twenty -five. 

Aggregate  detached  under  General  Pillow, 
eight  hundred  and  forty -four. 

Aggregate  infantry  of  Buckner's  division,  un 
der  him  and  General  Pillow,  three  thousand  eight 
hundred  and  sixty-nine. 

Estimate  of  killed  and  wounded  in  those  portions 
of  General  Pillow's  command,  reporting  their 
operations  at  Fort  Donelson,  Tennessee,  through 
General  S.  B.  Buckner: 

Colonel  Heiman's  brigade,  ten  killed,  thirty 
wounded ;  Colonel  Gregg  s  regiment,  twenty  killed, 
thirty -four  wounded;  Major  Brown's  regiment, 
eighteen  killed,  fifty-five  wounded:  forty-eight 
killed,  one  hundred  and  nineteen  wounded :  ag 
gregate,  one  hundred  and  sixty-seven. 

SUPPLEMENTAL  REPORT  OP   BRIG.-GEN.   FLOYD.* 

KNOXVILLE,  TENNESSEE,  March  20, 1862. 

H.  P.  Brewster,  A.  A.  General: 

SIR  :  Your  communication  of  the  sixteenth  in 
stant,  from  Decatur,  reached  me  here  to-day, 
where  I  came  in  compliance  with  an  order  from 
Major-General  Smith,  who  felt  his  position  endan 
gered  from  the  advance  of  the  enemy. 

In  that  communication  you  say :  u  Under  date 
of  March  the  eleventh,  the  Secretary  of  War  says : 
4  The  reports  of  Generals  Floyd  and  Pillow  are 
unsatisfactory,  and  the  President  directs  that 
both  these  generals  be  relieved  from  command 
till  further  orders.'  He  further  directs  General 
Johnston  '  in  the  mean  time  to  request  them  to 
add  to  their  reports  such  statements  as  they  may 
deem  proper  on  the  following  points  : 

"  'First  The  failure  to  give  timely  notice  of  the 
insufficiency  of  the  garrison  of  Fort  Donelson  to 
repel  attack. 

"  '  Second.  The  failure  of  any  attempt  to  save 
the  army  by  evacuating  the  post  when  found  to 
be  untenable. 

u  t  ^hird.  Why  they  abandoned  the  command  to 
their  inferior  officer,  instead  of  executing  them 
selves  whatever  measure  was  deemed  proper  for 
the  entire  army. 

"  *  Fourth.  What  was  the  precise  mode  by  which 
each  effected  his  escape  from  the  post,  and  what 
dangers  were  encountered  in  the  retreat. 

444  Fifth.  Upon  what  principle  a  selection  was 
made  of  particular  troops,  being  certain  regiments 
of  the  senior  General's  brigade,  to  whose  use  all 
the  transportation  on  hand  was  appropriated. 

44  4  Sixth.  A  particular  designation  of  the  regi 
ments  saved  and  the  regiments  abandoned,  which 
formed  part  of  the  senior  General's  brigade.' 

41  In  obedience  to  this  order,  I  am  directed  by 
General  Johnston  to  request  your  compliance  with 
the  wishes  of  the  President  in  these  particulars, 
with  as  little  delay  as  possible,  and  forward  the 
report  to  these  headquarters. 

44  Under  the  same  direction  General  Johnston 
has  required  a  report  from  Colonel  Forrest,  de 
tailing  particularly  the  time  and  manner  of  his 
escape  from  Fort  Donelson,  the  road  he  took,  the 

*  See  page  162  Doca.  Vol.  IV.  REBELLION  RECORD. 


456 


REBELLION  RECORD,  1862-63. 


number  of  enemies  he  met  or  sa\v  in  making  his  !  five  thousand  (25,000)  more  at  least  had  been 
escape,  and  the  difficulties  which  existed  to  prevent  j  stationed  at  Nashville.  AVhile  these  were  my 
the  remainder  of  the  army  from  following  the  j  own  views  and  opinions,  I  nevertheless  transmit- 


route  taken  by  him  in  his  escape  with  his  com 
mand." 

I  give  at  once  the  additional  information  which 
Beems  to  be  asked  for  in  the  communication  of 
the  Secretary  of  War  to  which  you  refer. 

The  first  charge  is  as  follows  : 

"  The  failure  to  give  timely  notice  of  the  insuffi 
ciency  of  the  garrison  of  Fort  Donelson  to  repel 
attacks." 

I  presume  the  General  knew  before  I  was  or 
dered  to  Fort  Donelson,  that  neither  the  works 
nor  the  troops  sent  there  could  withstand  the 


ted  to  General  Johnston  the  exact  state  of  affairs 
at  the  Fort  at  every  stage  of  the  conflict. 

My  views  and  opinions  upon  the  defence  of  Fort 
Donelson,  and  the  means  of  extricating  the  army 
from  the  trap  in  which  necessity  had  thrown  them 
there,  had  been  set  forth  in  a  letter  addressed  to 
the  General  from  Clarksville  before  I  received  or 
ders  to  go  to  Fort  Donelson,  bearing  date  twelfth 
of  February.  I  annex  a  copy  of  that  letter. 

CLARKSVILLE,  TENN.,  February  12, 18C2. 

General  Johnston: 

SIR  :  There  is  but  little  known  satisfactorily  of 
the  enemy  or  their  movements  ;  up  to  ten  o'clock 
last  night  all  was  quiet  as  usual  at  the  Fort.  Gen- 


City — leaving  at  Fort  Donelson  enough  to  make 
all  possible  resistance  to  any  attack  which  may 
be  made  upon  the  Fort,  but  no  more.  The  char 
acter  of  the  country  in  the  rear  and  to  the  left  of 
the  Fort  is  such  as  to  make  it  dangerous  to  con 
centrate  our  whole  force  there;  for  if  their  gun- 


force  which  he  knew  the  enemy  had  in  hand,  and 
which  could  be  brought  speedily  to  that  point.    I 

knew  perfectly  well  that  if  the  whole  force  under  |  erai  Buckner  is  now  there.     I  have  thought  the 
General  Johnston's  command  at  Bowling  Green  j  best  disposition  to  make  of  the  troops  on  this  line 
had  been  sent  to  Fort  Donelson  it  would  prove  |  was  to  concentrate  the  main  force  at  Cumberland 
utterly  insufficient  to  repel  the  advance  of  the 
enemy  up  the  Cumberland  River.    General  John 
ston's  entire  force,  including  the  troops  at  Donel 
son,  as  I  understood  it,  did  not  exceed  thirty 
thousand  (30,000)  men.     I  knew,  what  I  believe 
every   body  else  did,   for   it   was   made   public 

through  the  newspapers,  that  the  enemy  had  in  ,  boats  should  pass  the  Fort  and  command  the  river, 
Kentucky  alone  one  hundred  and  nineteen  (119)  i  Our  troops  would  be  in  danger  of  being  cut  off  by 
regiments,  and  that  he  had  nearly,  if  not  quite  \  a  force  from  the  Tennessee.  In  this  event  their 
as  many  at  Cairo,  St.  Louis,  and  the  towns  near  ,  roa(j  W0uld  be  open  to  Nashville,  without  any  ob- 
the  mouth  of  the  Cumberland.  It  was  also  known  I  struction  whatever.  The  position  at  Cumberland 
that  the  enemy  had  unlimited  means  of  transport- !  Qjty  is  better  ;  for  there  the  railroad  diverges 
ation  for  concentrating  troops.  How  then  was  it ;  fr0m  the  river,  which  would  afford  some  little  fa- 
possible  for  General  Johnston's  whole  army^  to  ,  ciiity  for  transportation  in  case  of  necessity  ;  and 
meet  that  force  which  was  known  to  be  moving  from  thence  the  open  country  southward  toward 
toward  the  mouths  of  the  Tennessee  and  Cum-  j  Nashville  is  easily  reached.  Besides,  from  that 
berland  Rivers  ?  The  sequel  proved  that  this  in-  |  pOint  we  threaten  the  flank  of  any  force  sent  from 
formation  was  correct,  for  not  only  were  the  troops  j  the  Tennessee  against  the  Fort.  I  am  making 
occupying  Kentucky  sent  up  the  Cumberland,  but  I  every  possible  effort  to  concentrate  the  forces  here 
large  additions  were  made  to  them  from  Missouri  \  at  Cumberland  City.  I  have  been  in  the  greatest 
and  Illinois,  as  stated  by  prisoners  and  by  the  ;  ^rea(j  ever  since  I  reached  this  place  at  their  scat- 
official  reports  of  their  own  commanders.  I  could  |  tered  condition.  The  force  is  inadequate  to  de- 
not,  under  a  sense  of  duty,  call  for  reenforce-  j  fem}  a  ime  Of  forty  miles  in  length,  which  can  be 
ments,  because  the  force  under  General  Johnston  attacked  from  three  different  directions.  We  can 
was  not  strong  enough  to  afford  a  sufficient  num-  only  be  formidable  by  concentration.  A  strong 
ber  to  hold  the  place.  I  considered  the  place  j  guard  is  all  that  can  be  left  here,  and  this  no 
illy  chosen,  out  of  position,  and  entirely  indefen-  j  ion^er  than  your  movement  can  be  made.  I  shall 
sible  by  any  reinforcements  which  could  be  (  begin  to-day,  if  the  engineers  report  favorably,  to 
brought  there  to  its  support.  It  had  but  thirteen  |  blockade  the  river  at  the  piers  of  the  railroad 
guns,  and  it  turned  out  that  but  three  of  these  j  bridge.  I  have  taken  up  an  idea  that  a  u  raft " 
were  effective  against  iron-clad  steamers.  I  secured  against  this  bridge,  can  render  the  river 
thought  the  force  already  there  sufficient  for  sac-  impassable  for  the  gunboats.  If  this  is  possible, 


rifice,  as  well  as  enough  to  hold  the  place  until 
Bowling  Green  could  be  evacuated  with  its  sup 
plies  and  munitions  of  war.  This  I  supposed  to 
be  the  main  object  of  the  movement  to  Donelson, 
and  the  only  good  that  could  be  effected  by  des 
perately  holding  that  post  with  the  entirely  in 
adequate  means  in  hand  for  defence  of  the  Cum 
berland  and  Tennessee  Rivers. 

With  a  less  force  than  fifty  thousand  (50,000) 
men,  the  position  at  Fort  Donelson  was,  in  my 
judgment,  quite  untenable,  and  even  with  that 
force  it  could  have  been  held  for  only  a  short 
time,  unless  a  force  of  twe.nty  thousand  (20,000) 
men  was  supporting  it  at  Clarksville,  and  twenty- 


it  will  be  an  immense  relief  to  the  movements 
above.  I  am  quite  sure  this  blockade  can  be  mado 
at  a  lower  stage  of  water  ;  but  the  present  stage 
of  water  renders  this  experiment  somewhat  doubt 
ful,  still  I  will  make  every  exertion  to  effect  the 
blockade,  if  possible.  I  received  by  telegraph 
your  authority  to  make  any  disposition  of  the 
troops  which  in  my  judgment  was  best,  and  ac 
knowledged  it  by  a  despatch  immediately.  I  am 
acting  accordingly. 

I  am,  General,  very  respectfully, 

Your  obedient  servant, 

JOHN  B.  FLOYD, 

Brigadier  General  O.8.A. 


DOCUMENTS. 


457 


CHARGE  SECOND. — "  The  failure  of  any  attempt 
to  save  the  army  by  evacuating  the  post  when 
found  untenable." 

I  have  been  unfortunate  if  I  have  failed  to  show 
in  my  report  of  the  battle  at  Fort  Donelson  that 
the  fight  on  the  fifteenth  of  February,  outside  of 
our  intrenchments,  was  nothing  but  an  "attempt 
to  save  the  army  by  evacuating  the  Fort,"  which 
the  position  and  numbers  of  the  enemy  had  al 
ready  rendered  untenable.  In  my  report  of  the 
twenty,-seventh  of  February  I  attempted  to  ex 
plain  why  we  left  our  intrenchments  on  the  fif 
teenth  to  give  battle,  and  the  object  I  had  in  view 
in  doing  so.  I  said :  "  I  had  already  seen  the  im 
possibility  of  holding  out  for  any  length  of  time 
with  our  inadequate  numbers  and  indefensible  po 
sition.  There  was  no  place  in  our  intrenchments 
but  could  be  reached  by  the  enemy's  artillery 
from  their  boats  or  their  batteries.  It  was  but 
fair  to  infer  that  whilst  they  kept  up  a  sufficient 
fire  upon  our  intrenchments,  to  keep  our  men 
from  sleep  and  prevent  repose,  their  object  was 
merely  to  give  time  to  pass  a  column  above  us  on 
the  river,  both  on  the  right  and  the  left  banks, 
and  thus  to  cut  off  all  our  communications  and  to 
prevent  the  possibility  of  egress.  I  then  saw 
clearly  that  but  one  course  was  left  by  which  a 
rational  hope  could  be  entertained  of  saving  the 
garrison  or  a  part  of  it.  That  was  to  dislodge  the 
enemy  from  his  position  on  our  left  and  thus  to 
pass  our  people  into  the  open  country  lying  south 
ward  toward  Nashville." 

Upon  the  failure  of  this  enterprise,  the  causes 
of  which  are  fully  set  forth  in  my  report,  it  ob 
viously  became  impossible  to  "  save  the  army  by 
evacuating  the  post."  The  attempt  to  save  the 
army  had  been  made.  I  thought  then,  and  still 
think,  that  a  more  earnest  "attempt"  could  not 
be  made  by  an  equal  number  of  men  to  accom 
plish  any  enterprise  by  force  of  arms.  To  extri 
cate  the  army,  then,  involved  the  necessity  of 
another  battle  that  night,  more  desperate  than 
that  of  the  morning,  because  the  enemy  had  been 
greatly  reenforced,  and  held  their  former  position 
with  fresh  troops.  There  is  such  a  thing  as  hu 
man  exhaustion,  an  end  of  physical  ability  in 
man  to  march  and  fight — however  little  such  a 
contingency  may  seem  possible  to  those  who 
sleep  quietly  upon  soft  beds,  who  fare  sumptuous 
ly  every  day,  and  have  never  tried  the  exposure 
of  protracted  battles  and  hard  campaigns.  This 
point  had  been  reached  by  our  men  ;  the  conflict, 
toil,  and  excitement  of  unsuspended  battle,  run 
ning  through  eighty -four  hours,  was  enough  to 
wear  out  the  physical  strength  of  any  men  ;  es 
pecially  so  when  the  greater  part  of  the  time 
they  were  exposed  to  a  storm  of  sleet,  snow,  and 
continued  frost,  and  opposed  to  a  force  five  or 
six  times  greater  than  their  own,  without  shelter 
or  fire.  Many  of  the  men  had  been  frost-bitten ; 
and  a  great  many  were  so  overcome  by  fatigue 
and  want  of  sleep  as  to  be  unable  to  keep  open 
their  eyes,  standing  on  their  feet,  in  the  face  and 
under  the  fire  of  the  enemy. 

In  fact,  the  men  were  totally  out  of  condition 


to  fight.  There  were  but  two  roads  by  which  it 
was  possible  to  retire.  If  they  went  by  the  up 
per  road,  they  would  certainly  have  a  strong  po 
sition  of  the  enemy  to  cut  through,  besides  hav 
ing  to  march  over  the  battle-field  strewn  with 
corpses ;  and  if  they  retired  by  the  lower  road, 
they  would  have  to  wade  through  water  three 
feet  deep,  which  latter  ordeal  the  medical  direc 
tor  stated  would  be  death  to  more  than  half  of 
the  command,  on  account  of  the  severity  of  the 
weather  and  their  physical  prostration.  It  was 
believed  in  council  that  the  army  could  not  retire 
without  sacrificing  three  fourths  of  it.  The  con 
sultation  which  took  place  among  the  officers  on 
the  night  of  the  fifteenth  was  to  ascertain  wheth 
er  a  further  struggle  could  be  maintained,  and  it 
was  resolved  in  the  negative  unconditionally  and 
emphatically.  General  Buckner,  whose  imme 
diate  command  was  the  largest  in  the  Fort,  was 
positive  and  unequivocal  in  his  opinion  that  the 
fight  could  not  be  renewed.  I  confess  that  I  was 
myself  strongly  influenced  by  this  opinion  of 
General  Buckner ;  for  I  have  not  yet  seen  an  offi 
cer  in  whose  superior  military  ability,  clear  dis 
criminating  judgment,  in  whose  calm,  unflinching 
courage  and  unselfish  patriotism  I  more  fully 
confide  than  in  his.  The  loss  to  the  Confedera 
cy  of  so  able,  brave,  and  accomplished  a  soldier 
is  irreparable. 

From  my  own  knowledge  of  the  condition  of 
the  men,  I  thought  that  but  few  of  them  were  in 
condition  to  encounter  a  night  conflict.  So  the 
plan  of  renewing  the  battle  was  abandoned ;  and 
thus  the  necessity  of  surrender  was  presented. 
All  agreed  that  the  necessity  existed.  That  con.- 
clusion  having  been  reached,  nothing  remained 
but  to  consider  the  manner  of  it ;  and  that  is  fully 
set  forth  in  my  former  report. 

The  third  charge  is :  "  Why  they  abandoned 
the  command  to  their  inferior  officer,  instead  of 
executing  themselves  whatever  measure  was 
deemed  proper  for  the  entire  army." 

The  "abandonment  of  command"  here  im 
puted,  I  suppose  to  mean  the  act  of  transferring 
to  General  Buckner,  who  was  willing  to  execute 
it,  the  performance  of  the  formalities  of  surren 
der.  The  surrender  was  a  painful  and  inexora 
ble  necessity,  which  could  not  be  avoided,  and 
not  a  "measure  deemed  proper  for  the  entire 
army."  On  the  contrary,  my  proposition  to  take 
away  as  large  a  portion  of  the  forces  as  possible 
met,  I  am  sure,  with  the  approbation  of  the  whole 
council.  One  of  the  reasons  which  induced  me 
to  make  this  transfer  to  General  Buckner  was  in 
order  that  I  might  be  untrammelled  in  the  effort 
I  was  determined  to  make  to  extricate  as  many 
of  the  command  as  possible  from  the  Fort,  to 
which  object  I  devoted  myself  during  the  night 
of  the  fifteenth.  So  that  I  accomplished  the  fact 
of  bringing  off  troops  from  the  position,  I  thought 
little  of  the  manner  of  doing  so.  All  possibility  of 
further  fighting  was  over.  Not  another  gun  was 
to  be  fired ;  no  personal  risk  was  to  be  incurred  ; 
certain  and  absolute  freedom  from  all  personal 
danger  was  secured  to  those  who  surrendered. 


453 


REBELLION  RECORD,   1862-63. 


Further  danger,  conflict,  and  toil  could  befall 
those  only  who  should  attempt  to  escape,  and 
those  I  chose  to  lead. 

Nothing  was  to  be  done  by  those  who  remained 
but  to  hoist  the  white  flag  and  surrender.  This 
I  would  not  do,  for  the  "measure"  of  surrender 
had  not  been  thought  of  by  myself  or  any  officer 
present  in  the  council  as  one  proper  for  the  "en 
tire  army."  I  supposed  it  to  be  an  unquestion 
able  principle  of  military  action,  that  in  case  of 
disaster  it  is  better  to  save  a  part  of  a  command 
than  to  lose  the  whole.  The  alternative  proposi 
tion  which  I  adopted  in  preference  to  surrender 
ing  the  "  entire  army,"  was  to  make  my  way  out 
of  the  beleaguered  camp  with  such  men  as  were 
still  able  to  make  another  struggle,  if  it  could  be 
accomplished  ;  and  if  it  could  not  be,  then  to  take 
any  consequences  that  did  not  involve  a  surren 
der. 

The  fifth  charge  is :  "  Upon  what  principle  a 
selection  was  made  of  particular  troops,  being 
certain  regiments  of  the  senior  General's  brigade, 
to  whose  use  all  the  transportation  on  hand  was 
appropriated." 

The  answer  to  this  charge  leads  directly  to 
that  of  the  fourth,  and  I  therefore  respond  first 
to  this.  I  presume  it  is  well  established  that  a 
senior  General  can  select  any  troops  under  com 
mand  for  any  service  or  purpose  or  plan  he  may 
choose  to  execute ;  and  if  the  means  were  offered 
of  extricating  only  a  portion  of  men  from  a  gene 
ral  surrender,  I  presume  the  selection  of  this 
portion  would  rest  with  him  rather  than  with 
any  other  person  or  persons.  This  would  be  a 
sufficient  answer  to  the  charge  in  question,  if  I 
chose  to  rely  upon  it,  which  I  do  not.  My  real 
answer  I  will  give  fully.  It  is  untrue  that  "  all 
the  transportation  on  hand  was  appropriated  to 
certain  regiments  of  the  senior  General's  brigade." 
It  is  untrue  that  a  selection  was  made  of  "  parti 
cular  troops."  I  am  sure  that  quite  as  many 
men  belonging  to  other  brigades  were  provided 
with  "means  of  escape,"  "by  the  transportation 
on  hand,"  as  were  of  the  senior  General's  brigade. 

Late  at  night  it  was  ascertained  that  two  steam 
boats  would  probably  reach  the  landing  before 
daylight.  Then  I  determined  to  let  Colonel  For 
rest's  cavalry  proceed  on  their  march  by  the 
river  road,  which  was  impassable  for  any  thing 
but  cavalry,  on  account  of  the  backwater  and 
overflow,  whilst  I  would  remain  behind  and  en 
deavor  to  get  away  as  many  men  as  possible  by 
the  boats.  The  boats  came  a  short  time  before 
daylight,  when  I  hastened  to  the  river  and  began 
to  ferry  the  men  over  to  the  opposite  shore  as 
rapidly  as  possible. 

The  men  were  taken  on  indiscriminately  as 
they  came  to  the  boats ;  but  in  the  first  instance 
more  of  the  "senior  General's  brigade"  were 
present  than  of  other  troops,  from  this  circum 
stance,  namely :  That  when  I  determined  not  to 
surrender,  I  caused  my  brigade  to  be  drawn  up 
in  line  and  to  await  my  final  preparation  for  a 
forward  movement  This  was  promptly  done, 
and  as  they  were  nearest  the  left  flank,  where 


the  fight  would  first  begin,  so  likewise  were  they 
nearest  to  the  river  landing.  From  this  circum 
stance  it  happened  that  the  troops  from  my  im 
mediate  command  were  among  the  first  to  enter 
the  boats ;  but  all  the  men  from  all  portions  of 
the  army,  who  were  present  and  could  be  gotten 
on  board,  were  taken  indiscriminately  as  far  as  I 
had  any  knowledge.  No  man  of  the  army  \vas 
excluded  to  make  room  for  my  brigade.  On  the 
contrary,  all  who  came  were  taken  on  board,  un 
til  some  time  after  daylight,  when  I  received  a 
message  from  General  Buckner  that  any  further 
delay  at  the  wharf  would  certainly  cause  the  loss 
of  the  boat  with  all  on  board.  Such  was  the 
want  of  all  order  and  discipline  by  this  time  on 
shore,  that  a  wild  rush  was  made  at  the  boat, 
which  the  captain  said  would  swamp  her  unless 
he  pushed  off  immediately.  This  was  done,  and 
about  sunrise  the  boat  on  which  I  was,  (the  other 
having  gone,)  left  the  shore  and  steered  up  the 
river.  By  this  "  precise  mode "  I  effected  my 
"escape,"  and  after  leaving  the  wharf,  the  de 
partment  will  be  pleased  to  hear,  that  I  encoun 
tered  no  dangers  whatever  from  the  enemy. 

I  had  announced  in  council  my  determination 
to  take  my  own  brigade  and  attempt  a  retreat ; 
and  this,  I  presume,  is  what  is  referred  to  in  the 
charge  of  "selecting  certain  regiments  of  the  se 
nior  General's  brigade."  I  "  selected"  this  com 
mand  because  they  had  been  with  me  in  the  most 
trying  service  for  seven  months,  had  been  repeat 
edly  under  fire,  had  been  exposed  to  every  hard 
ship  incident  to  a  campaign,  had  never  on  any 
occasion  flinched  or  faltered,  had  never  uttered  a 
complaint ;  and  I  knew  were  to  be  relied  on  for 
any  enterprise  that  could  be  accomplished.  In 
announcing  this  intention,  it  was  far  from  my 
purpose  to  exclude  any  troops  who  might  think 
proper,  or  might  be  physically  able,  to  join  me 
in  making  the  mevement. 

The  sixth  charge  is:  "A  particular  designation 
of  the  regiments  saved,  and  the  regiments  aban 
doned,  which  formed  part  of  the  senior  General's 
brigade." 

My  brigade  consisted  of  the  Thirty-sixth  regi 
ment  Virginia  volunteers,  the  Fiftieth  regiment 
Virginia  volunteers,  the  Fifty -first  regiment  Vir 
ginia  volunteers,  the  Fifty-sixth  regiment  Virgi 
nia  volunteers,  and  the  Twentieth  regiment  Mis 
sissippi  volunteers.  No  one  of  these  regiments 
was  either  wholly  saved  or  wholly  left.  I  could 
obtain  no  reports  from  regiments  until  I  arrived 
at  Murfreesboro.  There  our  morning  reports 
show  the  aggregate  of  each  regiment  present,  re 
spectively,  to  have  been  of  the  Thirty-sixth  regi 
ment  Virginia  volunteers,  two  hundred  and  forty- 
three  ;  Fiftieth  regiment  Virginia  volunteers,  two 
hundred  and  eighty -five ;  Fifty-first  regiment  Vir 
ginia  volunteers,  two  hundred  and  seventy-four ; 
Fifty-sixth  regiment  Virginia  volunteers,  one 
hundred  and  eighty -four ;  the  Twentieth  regiment 
Mississippi  volunteers  handed  in  no  report  at 
Murfreesboro,  and  what  there  was  «f  it  was  or 
dered  away  by  General  Johnston ;  but  I  am  in 
formed  that  their  morning  report  will  show  over 


\ 


DOCUMENTS. 


459 


three  hundred  (300)  as  present.  These  reports 
were  made  before  those  who  had  been  ferried 
over  the  river  at  Donelson  had  come  up. 

A  considerable  number  of  men  from  each  of 
these  regiments  were  u  saved,1'  and  many  of  each 
were  left  behind.  Of  my  own  brigade,  a  great 
many  who  were  left  effected  their  escape  by  every 
means  they  could  command,  and  joined  their  re 
giments  and  companies,  except  the  Twentieth  re 
giment  Mississippi  volunteers,  which,  by  General 
Johnston's  order,  were  detached  and  sent  home 
to  recruit.  This  regiment,  at  the  last  accounts  I 
had  of  it,  immediately  after  the  fight  of  Fort 
Donelson,  numbered,  as  already  stated,  about 
three  hundred  (300)  men  ;  but  I  have  no  accurate 
information  of  the  subject.  The  loss  I  felt  most 
seriously  was  that  of  my  three  artillery  companies 
of  Virginia  troops,  so  remarkable  for  their  effi 
ciency  and  real  gallantry,  who  had  followed  me 
so  faithfully  throughout  my  service  in  Virginia, 
and  who  fought  so  bravely  during  the  whole  of 
the  trying  conflict  at  Donelson. 

I  am,  very  respectfully,  your  obedient  servant, 
JOHN  B.  FLOYD, 

[Copy.]  Brigadier-General  C.  S.  A. 

PETER  OTEY, 

Assistant  Adjutant-General. 


Doc.  79. 
MESSAGE    OF    JEFFERSON    DAVIS, 

DELIVERED  FEBRUARY  25,   1862.* 

To  the  Senate  and  House  of  Representatives  of 

the  Confederate  States : 

IN  obedience  to  the  constitutional  provision 
requiring  the  President  from  time  to  time  to  give 
to  Congress  information  of  the  state  of  the  Con 
federacy,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and 
expedient,  I  have  to  communicate  that,  since  my 
message  at  the  last  session  of  the  Provisional 
Congress,  events  have  demonstrated  that  the 
government  had  attempted  more  than  it  had 
power  successfully  to  achieve.  Hence  in  the  ef 
fort  to  protect  by  our  arms  the  whole  territory 
of  the  confederate  States,  seaboard  and  inland, 
we  have  been  so  exposed  as  recently  to  encoun 
ter  serious  disasters. 

When  the  Confederacy  was  formed,  the  States 
comprising  it  were,  in  the  peculiar  character  of 
their  pursuits  and  a  misplaced  confidence  in  their 
former  associates,  to  a  great  extent  destitute  of 
the  means  for  the  prosecution  of  the  war  on  so 
gigantic  a  scale  as  that  which  it  has  attained. 
The  work-shops  and  artists  were  mainly  to  be 
found  in  the  Northern  States,  and  one  of  the  first 
duties  which  devolved  upon  this  government  was 
to  establish  the  necessary  manufactories,  and  in 
the  mean  time  to  obtain,  by  purchase  from 
abroad,  as  far  as  practicable,  whatever  was  re 
quired  foi  the  public  defence.  No  effort  has 
been  spared  to  effect  both  these  ends,  and,  though 

*  The  first  Message  of  Jefferson  Davi*  to  the  "  permanent " 

Congress  of  the  rebel  States. 


the  results  have  not  equalled  our  hopes,  it  is 
believed  that  an  impartial  judgment  will,  upon 
full  investigation,  award  to  the  various  depart 
ments  of  the  government  credit  for  having  done 
all  which  human  power  and  foresight  enabled 
them  to  accomplish.  The  valor  and  devotion  of 
the  people  have  not  only  sustained  the  efforts  of 
the  government,  but  have  gone  far  to  support  its 
deficiencies. 

The  active  state  of  military  preparations  among 
the  nations  of  Europe  in  April  last,  the  date  when 
our  agents  first  went  abroad,  interpose  unavoida 
ble  delays  in  the  procurement  of  arms,  and  the 
want  of  a  navy  has  greatly  impeded  our  efforts 
to  import  military  supplies  of  all  sorts. 

I  have  hoped  for  several  days  to  receive  offi 
cial  reports  in  relation  to  our  discomfiture  at 
Roanoke  Island  and  the  fall  of  Fort  Donelson. 
They  have  not  yet  reached  me,  and  I  am,  there 
fore,  unable  to  communicate  to  you  such  informa 
tion  of  the  late  events  and  the  consequences  re 
suiting  from  them  as  would  enable  me  to  make 
recommendations  founded  upon  the  changed  con 
dition  which  they  have  produced.  Enough  is 
known  of  the  surrender  of  Roanoke  Island  to 
make  us  feel  that  it  was  deeply  humiliating,  how 
ever  imperfect  may  have  been  the  preparations 
for  defence.  The  hope  is  still  entertained  that 
our  reported  losses  at  Fort  Donelson  have  been 
greatly  exaggerated,  inasmuch  as  I  am  not  only 
unwilling  but  unable  to  believe  that  a  large  army 
of  our  people  have  surrendered  without  a  desper 
ate  effort  to  cut  their  way  through  the  investing 
forces,  whatever  may  have  been  their  numbers, 
and  to  endeavor  to  make  a  junction  with  other 
divisions  of  the  army.  But,  in  the  absence  of 
that  exact  information  which  can  only  be  afford 
ed  by  official  reports,  it  would  be  premature  to 
pass  judgment,  and  my  own  is  reserved,  as  I 
trust  yours  will  be,  until  that  information  is  re 
ceived. 

In  the  mean  time,  strenuous  efforts  have  been 
made  to  throw  forward  reinforcements  to  the 
armies  at  the  positions  threatened,  and  I  cannot 
doubt  that  the  bitter  disappointments  we  have 
borne,  by  nerving  the  people  to  still  greater  ex 
ertions,  will  speedily  secure  results  more  accord 
ant  with  our  just  expectations,  and  as  favorable 
to  our  cause  as  those  which  marked  the  earlier 
periods  of  the  war. 

The  reports  of  the  Secretaries  of  War  and 
Navy  will  exhibit  the  mass  of  resources  for  the 
conduct  of  the  war  which  we  have  been  enabled 
to  accumulate,  notwithstanding  the  very  serious 
difficulties  against  which  we  have  contended. 
They  afford  cheering  hope  that  our  resources, 
limited  as  they  were  at  the  beginning  of  the  con 
test,  will,  during  its  progress,  become  developed 
to  such  an  extent  as  fully  to  meet  our  future 
wants. 

The  policy  of  enlistment  for  short  terms, 
against  which  I  have  steadily  contended  from 
the  commencement  of  the  war,  has,  in  my  judg 
ment,  contributed  in  no  immaterial  degree  to  the 
recent  reverses  which  we  have  suffered,  and  oven 
i  now  renders  it  difficult  to  furnish  you  an  accurate 


460 


REBELLION   RECORD,  1862-63. 


statement  of  the  array.  When  the  war  first 
broke  out,  many  of  our  people  could  with  diffi 
culty  be  persuaded  that  it  would  be  long  or  seri 
ous.  It  was  not  deemed  possible  that  any  thing 
so  insane  as  a  persistent  attempt  to  subjugate 
these  States  could  be  made ;  still  less  that  the 
delusion  would  so  far  prevail  as  to  give  to  the 
war  the  vast  proportions  which  it  has  assumed. 
The  people,  incredulous  of  a  long  war,  were  natu 
rally  averse  to  long  enlistments,  and  the  early 
legislation  of  Congress  rendered  it  impracticable 
to  obtain  volunteers  for  a  greater  period  than 
twelve  months.  Now  that  it  has  become  proba 
ble  that  the  war  will  be  continued  through  a  se 
ries  of  years,  our  high-spirited  and  gallant  sol 
diers,  while  generally  reenlisting,  are,  from  the 
fact  of  having  entered  the  service  for  a  short 
term,  compelled,  in  many  instances,  to  go  home 
to  make  the  necessary  arrangements  for  their 
families  during  their  prolonged  absence. 

The  quotas  of  new  regiments  for  the  war, 
called  for  from  the  different  States,  are  in  rapid 
progress  of  organization.  The  whole  body  of 
new  levies  and  reenlisted  men  will  probably  be 
ready  in  the  ranks  within  the  next  thirty  days. 
But  in  the  mean  time  it  is  exceedingly  difficult 
to  give  an  accurate  statement  of  the  number  of 
our  forces  in  the  field.  They  may  in  general 
terms  be  stated  at  four  hundred  regiments  of 
infantry,  with  a  proportionate  force  of  cavalry 
and  artillery,  the  details  of  which  will  be  shown 
by  the  report  of  the  Secretary  of  War.  I  deem 
it  proper  to  advert  to  the  fact  that  the  process 
of  furloughs  and  reenlistments  in  progress  for 
the  last  month  had  so  far  disorganized  and  weak 
ened  our  forces  as  to  impair  our  ability  for  suc 
cessful  defence ;  but  I  heartily  congratulate  you 
that  this  evil,  which  I  had  foreseen  and  was 
powerless  to  prevent,  may  now  be  said  to  be 
substantially  at  an  end,  and  that  we  shall  not 
again  during  the  war  be  exposed  to  seeing  our 
strength  diminished  by  this  fruitful  cause  of  dis 
aster — short  enlistments. 

The  people  of  the  confederate  States,  being 
principally  engaged  in  agricultural  pursuits,  were 
unprovided  at  the  commencement  of  hostilities 
with  ships,  ship-yards,  materials  for  ship-build 
ing,  or  skilled  mechanics  and  seamen  in  sufficient 
numbers  to  make  the  prompt  creation  of  a  navy 
a  practical  task,  even  if  the  required  appropria 
tions  had  been  made  for  the  purpose.  Notwith 
standing  our  very  limited  resources,  however, 
the  report  of  the  Secretary  will  exhibit  to  you  a 
satisfactory  proportion  in  preparation  and  cer 
tainty  of  early  completion,  of  vessels  of  a  num 
ber  and  class  on  which  we  may  confidently  rely 
for  testing  the  vaunted  control  of  the  enemy 
over  our  waters. 

The  financial  system  devised  by  the  wisdom 
of  your  predecessors  has  proved  adequate  to 
supplying  all  the  wants  of  the  government,  not 
withstanding  the  unexpected  and  very  large  in 
crease  of  expenditures  resulting  from  the  great 
augmentation  in  the  necessary  means  of  defence. 
The  report  of  the  Secretary  of  the  Treasury  will 
exhibit  the  gratifying  fact  that  we  have  no  float 


ing  debt;  that  the  credit  of  the  government  is 
unimpaired;  and  that  the  total  expenditure  of 
the  government  for  the  year  has  been,  in  round 
numbers,  one  hundred  and  seventy  millions  of 
dollars — less  than  one  third  of  the  sum  wasted 
by  the  enemy  in  his  vain  effort  to  conquer  us  ; 
less  than  the  value  of  single  article  of  export — 
the  cotton  crop  of  the  year. 

The  report  of  the  Postmaster-General  will 
show  the  condition  of  that  department  to  be 
steadily  improving,  its  revenues  increasing,  and 
already  affording  the  assurance  that  it  will  be 
self-sustaining  at  the  date  required  by  the  Con 
stitution,  while  affording  ample  mail  facilities  for 
the  people. 

In  the  Department  of  Justice,  which  includes 
the  Patent  Office  and  Public  Printing,  some 
legislative  provision  will  be  required,  which  will 
be  specifically  stated  in  the  report  of  the  head 
of  that  department.  I  invite  the  attention  of 
Congress  to  the  duty  of  organizing  a  Supreme 
Court  of  the  confederate  States,  in  accordance 
with  the  mandate  of  the  Constitution. 

I  refer  you  to  my  message,  communicated  to 
the  Provisional  Congress  in  November  last,  for 
such  further  information  touching  the  condition 
of  public  affairs  as  it  might  be  useful  to  lay  be 
fore  you,  the  short  interval  which  has  since 
elapsed  not  having  produced  any  material  changes 
in  that  condition  other  than  those  to  which  refer 
ence  has  already  been  made. 

In  conclusion,  I  cordially  welcome  representa 
tives  who,  recently  chosen  by  the  people,  are 
fully  imbued  with  their  views  and  feelings,  and 
can  so  ably  advise  me  as  to  the  needful  provi 
sions  for  the  public  service.  I  assure  you  of  my 
hearty  cooperation  in  all  your  efforts  for  the 
common  welfare  of  the  country. 

JEFFERSON  DAVIS. 


Doc.  80. 
SECESSION  IN  EUROPE. 

CORRESPONDENCE  BETWEEN  THE  REBEL  COMMISSION 
ERS  AND  EARL  RUSSELL. 

15  HALF-MOON  STREET,  ) 
LONDON,  August  14,  1SG1.      f 

THE  undersigned,  as  your  lordship  has  already, 
on  two  occasions,  been  verbally  and  unofficialy 
informed,  were  appointed,  on  the  sixteenth  of 
March  last,  a  commission  to  her  Britannic  Ma 
jesty's  Government,  by  the  President  of  the 
confederate  States  of  America. 

The  undersigned  were  instructed  to  represent 
to  your  lordship  that  seven  of  the  sovereign 
States  of  the  late  American  Union,  for  just  and 
sufficient  reasons,  and  in  full  accordance  with 
the  great  principle  of  self-government,  had  thrown 
off  the  authority  of  that  Union  and  formed  a 
Confederacy,  which  they  had  styled  the  "  Con 
federate  States  of  America."  They  were  further 
instructed  to*  ask  her  Majesty's  government  to 
recognize  the  fact  of  the  existence  of  this  new 
power  in  the  world,  and  also  to  inform  it  that 


DOCUMENT* 


461 


they  were  fully  empowered  to  negotiate  with  it  £ 
treaty  of  friendship,  commerce,  and  navigation. 
At  an  early  day  after  the  arrival  of  the  under 
signed  in  London,  at  an  informal  interview  whicl 
your  lordship  was  pleased  to  accord  them,  the} 
informed  your  lordship  of  the  object  of  their  mis 
nion,  and  endeavored  to  impress  upon  your  lord 
ship  that  the  action  of  the  seven  confederat< 
States  had  been  based  upon  repeated  attempt' 
on  the  part  of  the  Federal  Government,  and  o 
many  of  the  more  Northern  States  which  com 
posed  the  late  Union,  during  a  series  of  years 
which  extended  over  near  half  a  century,  to  rul 
the  people  of  the  Southern  section  of  that  Union 
by  means  of  the  unconstitutional  exercise  o 
power,  and  that  secession  from  that  Union  hac 
been  resorted  to  as,  in  the  opinion  of  the  seced 
ing  States,  the  best  and  surest  mode  of  saving 
the  liberties  which  their  Federal  and  State  con 
stitutions  were  designed  to  secure  to  them.  They 
also  endeavored  to  place  before  your  lordship 
satisfactory  evidence  that  the  justice  of  this  great 
movement  upon  the  part  of  the  Cotton  States 
was  so  palpable  that  it  would  be  indorsed  by 
many,  if  not  all,  of  the  Southern  States  which 
were  then  adhering  to  the  Union,  which  would 
sooner  or  later  become  convinced  that  the  secur 
ity  of  their  rights  could  only  be  maintained  by 
pursuing  the  like  process  of  secession  from  the 
late  Federal  Union,  and  accession  to  the  consti 
tution  and  government  of  the  confederate  States 
of  America. 

They  were  especially  desirous  of  convincing 
your  lordship,  and  laid  before  your  lordship  rea 
sons  for  their  behalf,  that  the  people  of  the  se 
ceding  States  had  violated  no  principle  of  allegi 
ance  in  their  act  of  secession,  but  on  the  contrary, 
had  been  true  to  that  high  duty  which  all  citizens 
owe  to  that  sovereignty  which  is  the  supreme 
fount  of  power  in  a  state,  no  matter  what  may  be 
the  particular  form  of  government  under  which 
they  live ;  they  were  careful  to  show  to  your 
lordship,  however,  that  the  idea  of  American 
sovereignty  was  different  from  that  entertained 
in  Great  Britain  and  Europe;  that  whereas  in  the 
great  Eastern  hemisphere  generally  sovereignty 
was  deemed  to  exist  in  the  government,  the 
founders  of  the  North  American  States  had  sol 
emnly  declared,  and  upon  that  declaration  had 
built  up  American  institutions,  that  "  Govern 
ments  were  instituted  among  men,  deriving  their 
just  powers  from  the  consent  of  the  governed; 
that  whenever  any  form  of  government  becomes 
destructive  of  those  ends,  (security  to  life,  liberty 
and  the  pursuit  of  happiness,)  it  is  the  right  of 
the  people  to  alter  or  abolish  it,  and  to  institute 
a  new  government." 

In  connection  with  this  view,  the  undersigned 
explained  to  your  lordship  the  unity,  the  delib 
eration,  the  moderation,  and  regard  for  personal 
and  public  right,  the  absence  of  undue  popular 
commotion  during  the  process  of  secession,  the 
daily  and  ordinary  administration  of  the  laws  in 
every  department  of  justice,  all  of  which  were 
distinguishing  features  of  this  grand  movement. 
They  expatiated  upon  the  great  extent  of  fertile 

S.  D.  30. 


country  over  which  the  confederate  States  exer 
cised  jurisdiction,  producing,  in  ample  quantity, 
every  variety  of  cereal  necessary  to  the  support 
of  their  inhabitants,  the  great  value  of  the  pro 
ducts  of  cotton  and  tobacco  grown  by  them,  the 
number  and  character  of  their  people  ;  and  they 
submitted  to  your  lordship  that  all  of  these  po 
litical  and  material  facts  demonstrated  to  tho 
nations  of  the  world  that  the  action  of  the  con 
federate  States  of  America  was  not  that  of  rebels, 
subject  to  be  dealt  with  as  traitors  and  pirates 
by  their  enemy,  but  the  dignified  and  solemn 
conduct  of  a  belligerent  power,  struggling,  with 
wisdom  and  energy,  to  assume  a  place  among  the 
great  states  of  the  civilized  world,  upon  a  broad 
and  just  principle  which  commended  itself  to  that 
world's  respect. 

The  undersigned  have  witnessed  with  pleasure 
that  the  views  which,  in  their  first  interview, 
they  pressed  upon  your  lordship  as  to  the  un 
doubted  right  of  the  confederate  States,  under 
the  law  of  nations,  to  be  treated  as  a  belligerent 
power,  and  the  monstrous  assertion  of  the  Gov 
ernment  at  Washington  of  its  right  to  treat  their 
citizens  found  in  arms  upon  land  or  sea  as  rebels 
and  pirates,  have  met  with  the  concurrence  of  her 
Majesty's  government ;  and  that  the  moral  weight 
of  this  great  and  Christian  people  has  been  thus 
throAvn  into  the  scale  to  prevent  the  barbarous 
and  inhuman  spectacle  of  war  between  citizens 
so  lately  claiming  a  common  country,  conducted 
upon  principles  which  would  have  been  a  dis 
grace  to  the  age  in  which  we  live. 

The  people  of  the  confederate  States  are  an  ag- 
•icultural,  not  a  manufacturing  or  commercial 
3eople.  They  own  but  few  ships.  Hence  there 
las  been  not  the  least  necessity  for  the  govern- 
nent  at  Washington  to  issue  letters  of  marque. 
The  people  of  the  confederate  States  have  but 
'ew  ships,  and  not  much  commerce  upon  which 
>uch  private  armed  vessels  could  operate.  The 
commodities  produced  in  the  confederate  States 
are  such  as  the  world  needs  more  than  any  other, 
ind  the  nations  of  the  earth  have  heretofore  sent 
heir  ships  to  our  wharves,  and  there  the  mer 
chants  buy  and  receive  our  cotton  and  tobacco. 

But  it  is  far  otherwise  with  the  people  of  the 

resent  United  States.     They  are  a  manufactur- 

ng  and  commercial  people.    They  do  a  large  part 

)f  the  carrying  trade  of  the  world.     Their  ships 

md  commerce  afford  them  the  sinews  of  war  and 

veep  their  industry  afloat.    To  cripple  thisindus- 

ry  and  commerce,  to  destroy  their  ships  or  cause 

hem  to  be  dismantled  and  tied  up  to  their  rotting 

wharves,  are   legitimate   objects  and  means  of 

varfare. 

Having  no  navy,  no  commercial  marine  out  of 
which  to  improvise  public  armed  vessels  to  any 
:onsiderable  extent,  the  confederate  States  were 
impelled  to  resort  to  the  issuance  of  letters  of 
marque,  a  mode  of  warfare  as  fully  and  clearly  re- 
ognized  by  the  law  and  usages  of  nations  as  any 
>ther  arm  of  war,  and  most  assuredly  more  hu 
mane  and  more  civilized  in  its  practice  than  that 
vhich  appears  to  have  distinguished  the  march 
f  the  troops  of  the  Government  of  the  United 


462 


REBELLION"   RECORD,  1362-63. 


States  upon  the  soil  and  among  the  villages  of 
Virginia. 

These  facts  tend  to  show  that  the  practical 
working  of  the  rule  that  forbids  the  entry  of  the 
public  and  private  armed  vessels  of  either  party 
into  British  ports  with  prizes  operates  exclusively 
to  prevent  the  exercise  of  this  legitimate  mode  of 
warfare  by  the  confederate  States,  while  it  is,  to  a 
great  degree,  a  practical  protection  to  the  com 
merce  and  ships  of  the  United  States. 

In  the  interview  already  alluded  to,  as  well  as 
in  one  of  a  similar  character,  held  between  your 
lordship  and  the  undersigned  at  a  later  date,  the 
undersigned  were  fully  aware  of  the  relations  of 
amity  existing  between  her  Britannic  Majesty's 
government  and  that  of  Washington,  and  of  the 
peculiar  difficulties  into  which  these  relations 
might  be  thrown  if  her  Majesty  should  choose  to 
recognize  the  nationality  of  the  confederate  States 
of  America,  before  some  decided  exhibition  of  abil 
ity  upon  the  part  of  the  government  of  those 
States  to  maintain  itself  had  been  shown.  There 
fore  they  did  not  deem  it  advisable  to  urge  her 
Majesty's  government  to  an  immediate  decision 
upon  so  grave  a  question,  but  contented  them 
selves  with  a  presentation  of  the  cause  of  their 
government,  and  have  quietly  waited  upon  events 
to  justify  all  that  they  had  said,  with  the  hope 
that  her  Majesty's  government  would  soon  come 
to  the  conclusion  that  the  same  sense  of  justice, 
the  same  view  of  duty  under  the  law  of  nations, 
which  caused  it  to  recognize  the  de  facto  govern 
ment  of  Texas  while  yet  a  superior  Mexican  army 
was  contending  for  supremacy  upon  its  soil,  the 
de  facto  governments  of  the  South-American  re 
publics  while  Spain  still  persisted  in  claiming  to 
be  their  sovereign,  and  the  de  facto  governments 
of  Greece,  of  Belgium,  and  Italy,  would  induce  it 
to  recognize  the  government  of  the  confederate 
States  of  America  upon  the  happening  of  events 
exhibiting  a  deep-seated  and  abiding  confidence 
that  success  will  attend  their  efforts.  At  all 
events,  reconstruction  of  the  Union  is  an  impos 
sibility.  The  brief  history  of  the  past  confirms 
them  in  this  belief. 

Since  the  organization  of  the  government  of  the 
confederate  States  in  February  last,  and  since  Mr. 
Lincoln  assumed  the  reins  of  government  in  the 
United  States,  and  commenced  preparing  his  ag 
gressive  policy  against  the  confederated  States,  the 
moral  weight  of  their  position  and  cause,  aided  by 
the  constitutional  action  and  policy  of  the  new 
President  and  his  cabinet,  have  caused  four 
other  great  States,  namely,  Virginia,  North-Ca 
rolina,  Tennessee,  and  Arkansas,  containing 
about  four  million  five  hundred  thousand  in 
habitants,  and  covering  an  extent  of  valuable 
territory  equal  to  that  of  France  and  Spain — to 
secede  from  the  late  Union  and  join  the  confed 
erate  States  •  while  the  inhabitants  of  three  other 
powerful  Stao;.; — namely,  Maryland,  Kentucky, 
and  Missouri — aie  now  agitated  by  the  throes  of 
revolution,  and  a  large  part  of  them  are  rising  in 
arms  to  resist  the  military  despotism  which,  in  the 
name  of  the  Constitution,  has  been  so  ruthlessly, 
and  in  such  utter  perversion  of  the  provisions  of 


that  instrument,  imposed  upon  them.  The  under 
signed  have  also  sufficient  reasons  for  the  belief 
that  even  in  the  north-western  part  of  the  State  of 
Illinois,  a  part  of  the  people  have  proclaimed  open 
opposition  to  Mr.  Lincoln's  unconstitutional  and 
despotic  government,  while  in  several  others  pub 
lic  assemblies  and  their  legislatures  have  con 
demned  the  war  as  subversive  of  the  Constitution. 
In  addition  to  these  striking  evidences  of  the  in 
creased  strength  of  the  confederate  States,  and  of 
great  internal  weakness  and  division  in  Mr.  Lin 
coln's  government,  the  undersigned  can  proudly 
and  confidently  point  to  the  unity  which  exists 
among  the  people  of  the  eleven  confederate  States, 
with  the  solitary  and  unimportant  exception  of 
the  extreme  north-west  corner  of  Virginia,  lying 
between  Ohio  and  Pennsylvania,  and  settled  al 
most  exclusively  by  Northern  emigrants.  What 
ever  differences  of  opinion  may  have  been  enter 
tained  among  the  people  of  the  United  States  as  to 
the  policy  of  secession,  there  was  little  difference  of 
opinion  as  to  the  unconstitutional  causes  which 
led  to  it,  and  often,  by  a  fair  decision  at  the  polls, 
by  the  majority  in  favor  of  secession  as  the  means 
of  expressing  their  liberties,  the  great  mass  of  the 
people  at  once  yielded  all  objections,  and  are  now 
engaged  with  their  wealth  and  their  persons  in 
the  most  patriotic  exertions  to  uphold  their  gov 
ernment  in  the  course  of  independence  which  had 
been  decided  upon. 

Whatever  tribute  of  admiration  may  be  yield 
ed  for  the  present  to  the  people  who  submit  t_ 
Mr.  Lincoln's  usurping  government,  for  energy 
displayed  in  raising  and  organizing  an  immense 
army  for  the  purpose  of  imposing  the  yoke  of  that 
government  upon  a  people  who  are  struggling  for 
the  inestimable  right  of  governing  themselves  in 
order  to  a  preservation  of  their  liberties,  a  just 
and  impartial  history  will  award  to  the  people  of 
the  confederate  States  an  unmixed  admiration  for 
an  effort  which,  in  the  space  of  six  months,  has 
thrown  off  the  authority  of  the  usurper ;  has  or 
ganized  a  new  government,  based  upon  the  prin 
ciples  of  personal  and  public  liberty  ;  has  put  that 
government  into  operation  ;  has  raised,  o/ganized, 
and  armed  an  army  sufficient  to  meet  and  defeat 
in  a  fair  field,  and  drive  in  ignominious  flight  from 
that  field,  the  myriads  of  invaders  which  the  re 
puted  first  general  of  the  age  deemed  fit  to  crush 
what  he  termed  a  rebellion. 

The  undersigned  call  your  lordship's  attention 
to  the  fact  that  Mr.  Liucoln's  Government,  though 
possessed  of  all  the  advantages  of  a  more  numer 
ous  population,  of  the  credit  due  to  a  recognized 
Government  of  long  continuance,  of  the  entire 
navy  of  the  late  Union,  has  not  been  able  to  re 
take  a  single  fortification  of  which  the  confeder 
ate  States  possessed  themselves  ;  but,  on  the  con 
trary,  has  been  driven  out  from  a  mighty  fortress 
upon  the  Atlantic,  and  from  ,-Q,veral  forts  on  the 
western  frontier  by  the  confederate  arms ;  that 
it  has  not  been  able  to  advance  more  than  fivo 
miles  into  the  territory  of  any  of  the  confederate 
States,  where  there  was  any  serious  attempt  to 
prevent  it ;  and  is  in  danger  of  losing  three  great 
States  of  the  Union  by  insurrection.  Even  at 


DOCUMENTS. 


463 


sea,  upon  which  the  Government  of  Mr.  Lincoln 
possesses  undisputed  sway,  it  has  not  been  able 
to  make  an  effectual  blockade  of  a  single  port 
but  those  which  find  an  outlet  through  the  mouth 
of  Chesapeake  Bay  ;  vessels  of  every  class,  pub 
lic  and  private,  armed  vessels  belonging  to  the 
confederate  States,  and  traders,  having  found 
their  way  in  and  out  of  every  other  port  at  which 
the  attempt  has  been  made. 

In  every  thing  that  constitutes  the  material  of 
war,  thus  far  the  confederate  States  have  sup 
plied  themselves  from  their  own  resources,  un 
aided  by  that  free  intercourse  with  the  world 
which  has  been  open  to  the  United  States.  Men, 
arms,  munitions  of  war  of  every  description,  have 
been  supplied  in  ample  abundance  to  defeat  all 
attempts  to  successfully  invade  our  borders. 
Money  has  been  obtained  in  the  confederate 
States  in  sufficient  quantity.  Every  loan  that 
has  been  put  upon  the  market  has  been  taken  at 
and  above  par,  and  the  undersigned  but  state 
the  universal  impression  and  belief  of  their  gov 
ernment  and  their  fellow-citizens  in  the  confed 
erate  States  that,  no  matter  what  may  be  the  de 
mand  for  means  to  defend  their  country  against 
invasion,  sufficient  resources  of  every  character, 
and  sufficient  patriotism  to  furnish  them,  exist 
within  the  confederate  States  for  that  purpose. 

The  undersigned  are  aware  that  an  impression 
has  prevailed,  even  in  what  may  be  termed  well- 
informed  circles  in  Europe,  that  the  slaveholding 
States  are  poor,  and  not  able  to  sustain  a  prolonged 
conflict  with  the  non-slaveholding  States  of  the 
North.  In  the  opinion  of  the  undersigned,  this 
idea  is  grossly  erroneous ;  and,  considering  the 
importance  of  a  correct  understanding  of  the  rel 
ative  resources  of  the  two  contending  powers,  in 
resolving  the  question  of  the  ability  of  the  South  to 
maintain  its  position,  your  lordship  will  pardon 
a  reference  to  the  statistical  tables  of  1850,  the 
last  authentic  exposition  of  the  resources  of  the 
United  States  which  has  yet  been  published,  and 
which  is  appended  to  this  communication.  The 
incontestable  truths  exhibited  in  that  article  prove 
that  the  confederate  States  possess  the  elements 
of  a  great  and  powerful  nation,  capable  not  only 
of  clothing,  feeding,  and  defending  themselves, 
but  also  of  clothing  all  the  nations  of  Europe 
under  the  benign  influence  of  peace  and  free 
trade. 

The  undersigned  are  also  aware  that  the  anti- 
slavery  sentiment  so  universally  prevalent  in  Eng 
land  has  shrunk  from  the  idea  of  forming  friendly 
public  relations  with  a  government  recognizing 
the  slavery  of  a  part  of  the  human  race.  The 
question  of  the  morality  of  slavery  is  not  for  the 
undersigned  to  discuss  with  any  foreign  power. 
The  authors  of  the  American  declaration  of  inde 
pendence  found  the  African  race  in  the  colonies 
to  be  slaves,  both  by  colonial  and  English  law, 
and  by  the  law  of  nations.  Those  great  and 
good  men  left  that  fact  and  the  responsibility  for 
its  existence  where  they  found  it;  and  thus  find 
ing  that  there  were  two  distinct  races  in  the  col 
onies,  one  free  and  capable  of  maintaining  their 
freedom,  the  other  slave,  and,  in  their  opinion, 


unfitted  to  enter  upon  that  contest,  and  to  gov« 
ern  themselves,  they  made  their  famous  declara 
tion  of  freedom  for  the  white  race  alone.  They 
eventually  planned  and  put  in  operation,  in  the 
course  of  a  few  years,  two  plans  of  government, 
both  resting  upon  that  great  and  recognized  dis 
tinction  between  the  white  and  the  black  man, 
and  perpetuating  that  distinction  as  the  funda 
mental  law  of  the  government  they  framed,  which 
they  declared  to  be  framed  for  the  benefit  of 
themselves  and  their  posterity ;  in  their  own  lan 
guage,  "to  secure  the  blessings  of  liberty  to  our 
selves  and  our  posterity." 

The  wisdom  of  that  course  is  not  a  matter  for 
discussion  with  foreign  nations.  Suffice  it  to  say 
that  thus  were  the  great  American  institutions 
framed,  and  thus  have  they  remained  unchanged 
to  this  day.  It  was  from  no  fear  that  the  slaves 
would  be  liberated  that  secession  took  place. 
The  very  party  in  power  has  proposed  to  guar 
antee  slavery  for  ever  in  the  States,  if  the  South 
would  but  remain  in  the  Union.  Mr.  Lincoln's 
message  proposes  no  freedom  to  the  slave,  but 
announces  subjection  of  his  owner  to  the  will  of 
the  Union,  in  other  words,  to  the  will  of  the 
North.  Even  after  the  battle  of  Bull  Run,  both 
branches  of  the  Congress  at  Washington  passed 
resolutions  that  the  war  is  only  waged  in  order 
to  enforce  that  (pro-slavery)  Constitution,  and  to 
uphold  the  laws,  (many  of  them  pro-slavery,)  and 
out  of  one  hundred  and  seventy-two  votes  in  the 
lower  house,  they  received  all  but  two,  and  in  the 
Senate,  all  but  one  vote.  As  the  army  com 
menced  its  march,  the  Commanding  General  is 
sued  an  order  that  no  slaves  should  be  received 
into  or  allowed  to  follow  the  camp.  The  great 
object  of  the  war,  therefore,  as  now  officially  an 
nounced,  is  not  to  free  the  slave,  but  to  keep  him 
in  subjection  to  his  owner,  and  to  control  his  la 
bor  through  the  legislative  channels  which  the 
Lincoln  Government  designs  to  force  upon  the 
master.  The  undersigned,  therefore,  submit  with 
confidence,  that  as  far  as  the  anti-slavery  senti 
ment  of  England  is  concerned,  it  can  have  no  sym 
pathy  with  the  North ;  nay,  it  will  probably  be 
come  disgusted  with  a  canting  hypocrisy  which 
would  enlist  those  sympathies  on  false  pretences. 
The  undersigned  are,  however,  not  insensible  to 
the  surmise  that  the  Lincoln  Government  may, 
under  stress  of  circumstances,  change  its  policy, 
a  policy  based  at  present  more  upon  a  wily  view 
of  what  is  to  be  its  effect  in  rearing  up  an  ele 
ment  in  the  confederate  States  favorable  to  the 
reconstruction  of  the  Union  than  upon  any  hon 
est  desire  to  uphold  a  Constitution,  the  main 
provisions  of  which  it  has  most  shamefully  vio- 
ated.  But  they  confidently  submit  to  your  lord 
ship's  consideration,  that  success  in  producing 
so  abrupt  and  violent  a  destruction  of  a  system 
of  labor  which  has  reared  up  so  vast  a  commerce 
between  America  and  the  great  states  of  Europe, 
ivhich,  it  is  supposed,  now  gives  bread  to  ten  mil 
lions  of  the  population  of  those  States,  which,  it 
may  be  safely  assumed,  is  intimately  blended 
with  the  basis  of  the  great  manufacturing  and 
navigating  prosperity  that  distinguishes  the  age. 


464 


REBELLION   RECORD,  1862-63. 


and  probably  not  the  least  of  the  elements  of  this 
prosperity,  would  be  visited  with  results  disas 
trous  to  the  world,  as  well  as  to  the  master  and 
slave. 

Resort  to  servile  war  has,  it  is  true,  as  we  have 
heretofore  stated,  not  been  proclaimed,  but  offi 
cially  abandoned.  It  has  been,  however,  recom 
mended  by  persons  of  influence  in  the  United 
States,  and  when  all  other  means  shall  fail,  as 
the  undersigned  assure  your  lordship  they  will, 
to  bring  the  confederate  States  into  subjection  to 
the  power  of  Mr.  Lincoln's  Government,  it  is  by 
no  means  improbable  that  it  may  be  inaugurated. 
Whenever  it  shall  be  done,  however,  the  motive, 
it  is  now  rendered  clear,  will  not  be  that  high 
philanthropic  consideration  which  undoubtedly 
beats  in  the  hearts  of  many  in  England,  but  the 
base  feeling  of  selfish  aggrandizement,  not  un 
mixed  with  a  cowardly  spirit  of  revenge. 

The  undersigned  call  your  lordship's  atten 
tion  to  what  is  now  so  publicly  known  as  a  fact — 
to  the  great  battle  of  Bull  Run,  three  miles  in 
front  of  Manassas  Junction,  in  which  a  well-ap 
pointed  army  of  fifty-five  thousand  Federal  soldiers 
gave  battle  to  the  confederate  States  army  of  in 
ferior  force.  After  nine  hours'  hard  fighting  the 
Federalists  were  defeated  and  driven  from  the 
field  in  open  flight,  and  were  pursued  by  the 
confederate  States  army  to  Centreville,  the  posi 
tion  of  the  Federal  reserve.  The  enemy  lost  hon 
or,  and  nearly  all  the  arms  and  munitions  of  war 
which  had  been  so  industriously  gathered  to 
gether  for  months  for  an  offensive  campaign  in 
Virginia;  and  they  did  not  cease  their  flight  un 
til,  under  cover  of  a  stormy  night,  they  had  re 
gained  the  shelter  of  their  intrenchments  in  front 
of  Washington.  The  confederate  States  forces 
have  commenced  offensive  movements,  and  have 
driven  the  Taunting  hosts  of  the  United  States 
behind  intrenchments  upon  the  borders  of  Vir 
ginia,  and  so  far  from  threatening  the  integrity 
of  the  territory  and  the  existence  of  the  govern 
ment  of  the  confederate  States,  the  Government 
at  Washington  seems  content  at  present,  and  | 
will  be  rejoiced,  if  it  can  maintain  a  successful 
defence  of  its  capital,  and  preserve  the  remnant 
of  its  defeated  and  disorganized  forces. 

The  undersigned  would  also  ask  your  lord 
ship's  attention  to  the  fact  that  the  cotton-pick 
ing  season  in  the  cotton-growing  States  of  the 
Confederacy  has  commenced.  The  crop  bids  fair 
to  be  at  least  an  average  one,  and  will  be  pre 
pared  for  market  and  delivered  by  our  planters 
and  merchants  as  usual,  on  the  wharves  of  the 
ports  of  those  States,  when  there  shall  be  a  pros 
pect  of  the  blockade  being  raised,  and  not  before. 
As  a  defensive  measure,  an  embargo  has  been 
laid  by  the  government  of  the  confederate  States 
upon  the  passage  of  cotton  by  inland  conveyance 
to  the  United  States.  To  be  obtained,  it  must 
be  sought  for  in  the  Atlantic  and  Gulf  ports  of 
those  States.  They  submit  to  your  lordship  the 
consideration  of  the  fact  that  the  blockade  of  all 
the  ports  of  the  confederate  States  was  declared 
to  have  commenced  by  the  blockading  officer  off 
Charleston,  when,  in  truth,  at  that  time,  and  for 


weeks  after,  there  was  no  pretence  of  a  blockade 
of  the  ports  of  the  Gulf.  They  submit  for  con 
sideration  that  since  the  establishment  of  the 
blockade  there  have  been  repeated  instances  of 
vessels  breaking  it  at  Wilmington,  Charleston, 
Savannah,  Mobile,  and  New- Orleans.  It  will  be 
for  the  neutral  powers,  whose  commerce  has  been 
so  seriously  damaged,  to  determine  how  long 
such  a  blockade  shall  be  permitted  to  interfere 
with  their  commerce. 

In  closing  this  communication  the  undersigned 
desire  to  urge  upon  her  Britannic  Majesty's  govern 
ment  the  just  claim  which,  in  their  opinion,  the  gov 
ernment  of  the  confederate  States  has  at  this  time 
to  a  recognition  as  a  government  de  facto  ;  wheth 
er  its  internal  peace,  or  its  territory,  its  population, 
its  great  resources  for  both  domestic  and  foreign 
commerce,  and  its  power  to  maintain  itself,  are 
considered;  or  whether  your  lordship  shall  take 
into  consideration  the  necessity  of  commercial 
relations  being  established  with  it,  with  a  view 
to  the  preservation  of  vast  interests  of  the  com 
merce  of  England.  If,  however,  in  the  opinion. 
of  her  Britannic  Majesty's  government,  the  con 
federate  States  have  not  yet  won  a  right  to  a 
place  among  the  nations  of  the  earth,  the  under 
signed  can  only  assure  your  lordship  that  while 
such  an  announcement  will  be  received  with  sur 
prise  by  the  government  they  represent,  and 
while  that  government  is  to  be  left  to  contend 
for  interests  which,  it  thinks,  are  as  important 
to  commercial  Europe  as  to  itself,  without  even 
a  friendly  countenance  from  other  nations,  its 
citizens  will  buckle  themselves  to  the  great  task 
before  them  with  a  vigor  and  determination  that 
will  justify  the  undersigned  in  having  pressed 
the  question  upon  her  Britannic  Majesty's  gov 
ernment,  and  when  peace  shall  have  been  made, 
their  government  will  at  least  feel  that  it  will  not 
be  justly  responsible  for  the  vast  quantity  of  blood 
which  shall  have  been  shed,  nor  for  the  great 
and  wide-spread  suffering  which  so  prolonged  a 
conflict  will  have  entailed  upon  millions  of  the 
human  race,  both  in  the  Eastern  as  well  as  upon 
the  North- American  continent. 

The  undersigned,  etc.        W.  L.  YANCEY, 
P.  A.  ROST, 
A.  DUDLEY  MANN. 

[No.  73.] 
EARL  RUSSELL'S  LETTER. 

FOREIGN  OFFICE,  August  24,  1S61. 

The  undersigned  has  had  the  honor  to  receive 
the  letter  of  the  fourteenth  instant,  addressed  to 
him  by  Messrs.  Yancey,  Rost,  and  Mann,  on  be 
half  of  the  so-styled  confederate  States  of  North- 
America. 

The  British  government  do  not  pretend  in  any 
way  to  pronounce  a  judgment  upon  the  ques 
tions  in  debate  between  the  United  States  and 
their  adversaries  in  North-America ;  the  British 
government  can  only  regret  that  these  differ 
ences  have,  unfortunately,  been  submitted  to  the 
arbitrament  of  arms.  Her  Majesty  has  consid 
ered  this  contest  as  constituting  a  civil  war,  and 
her  Majesty  has,  by  her  royal  proclamation,  de- 


DOCUMENTS. 


465 


clarcd  her  intention  to  preserve  a  strict  neutral 
ity  between  the  contending  parties  in  that  war. 

Her  Majesty  will  strictly  perform  the  duties 
which  belong  to  a  neutral.  Her  Majesty  cannot 
undertake  to  determine  by  anticipation  what  may 
be  the  issue  of  the  contest,  nor  can  she  acknow 
ledge  the  independence  of  the  nine  States  which 
are  now  combined  against  the  President  and 
Congress  of  the  United  States  until  the  fortune 
of  arms  or  the  more  peaceful  mode  of  negotia 
tion  shall  have  more  clearly  determined  the  re 
spective  positions  of  the  two  belligerents. 

Her  Majesty  can,  in  the  mean  time,  only  ex 
press  a  hope  that  some  adjustment  satisfactory 
to  both  parties  may  be  come  to,  without  the  ca 
lamities  which  must  ensue  in  the  event  of  an 
embittered  and  protracted  conflict. 

The  undersigned,  etc.  RUSSELL. 


Doc.  81. 
REBEL    OPERATIONS    IN    NEW-MEXICO. 

REPORT   OP  BRIG.-GEN.   H.   F.   SIBLEY.* 

HEADQUARTERS  ARMY  OF  NEW-MEXICO,  J 
FORT  BLISS,  TEXAS,  May  4, 1S62.      f 

General  S.  Cooper,  Adjutant  and  Inspector- Gen 
eral,  Richmond,  Va. : 

GENERAL  :  I  have  the  honor  to  report,  for  the 
information  of  the  Secretary  of  War,  the  opera 
tions  of  this  army  during  the  months  of  February, 
March,  and  April,  ultimo. 

This  report  is  made  to  cover  the  whole  cam 
paign,  for  the  reason  that  the  special  reports  of 
the  various  commanders,  herewith  inclosed,  enter 
sufficiently  into  detail  to  elucidate  the  various  ac 
tions  in  which  the  troops  were  engaged  during  the 
campaign. 

It  is  due  to  the  brave  soldiers  I  have  had  the 
honor  to  command,  to  premise  that  from  its  first 
inception,  the  uSibley  brigade"  has  encountered 
difficulties  in  its  organization,  and  opposition  and 
distaste  to  the  service  required  at  its  hands,  which 
no  other  troops  have  met  with. 

From  misunderstandings,  accidents,  deficiency 
of  arms,  etc.,  instead  of  reaching  the  field  of  its 
operations  early  in  September,  as  was  anticipated, 
I  found  myself  at  this  point  as  late  as  the  middle 
of  January,  1862,  with  only  two  regiments  and  a 
half,  poorly  armed,  thinly  clad,  and  almost  desti 
tute  of  blankets.  The  ranks  were  becoming  daily 
thinned  with  those  two  terrible  scourges  to  an 
army,  small-pox  and  pneumonia.  Not  a  dollar  of 
quartermaster's  funds  was  on  hand,  or  had  ever 
been  to  supply  the  daily  and  pressing  necessities 
of  the  service,  and  the  small  means  of  this  sparse 
section  had  been  long  consumed  by  the  force 
under  the  command  of  Lieutenant-Colonel  Baylor, 
so  that  the  credit  of  the  government  was  not  as 
available  a  resource  as  it  might  otherwise  have 
been. 

Having  established  a  general  hospital  at  Dona 
Ana,  I  determined  to  move  forward  with  the  force 
at  hand.  Accordingly,  during  the  first  week  in 

*  See  page  1 97  Docs.  Vol.  IV.  REBELLION  RECORD. 


January,  the  advance  was  put  in  march  for  old 
Fort  Thorn.  Thence  on  the  seventh  of  February 
the  movement  was  continued  to  a  point  seven 
miles  below  Fort  Craig,  when  the  Santa  Fe  papers 
boasted  we  were  to  be  met  and  overwhelmed  by 
Canby's  entire  army.  On  the  sixteenth  of  Febru 
ary  a  reconnoissance  in  force  was  pushed  to  within 
a  mile  of  the  Fort,  and  battle  offered  in  the  open 
plain.  The  challenge  was  disregarded,  and  only 
noticed  by  the  sending  out  of  a  few  well-mounted 
men  to  watch  our  movements.  The  forces  of  the 
enemy  were  kept  well  concealed  in  the  "bosque" 
(or  grove)  above  the  Fort  and  within  its  walls. 

The  reconnoissance  proved  the  futility  of  as 
saulting  the  Fort  in  front  with  our  light  metal, 
and  that  our  only  hope  of  success  was  to  force 
the  enemy  to  an  open  field  fight.  It  was  accord 
ingly  determined  by  a  partial  retrograde  move 
ment  to  cross  the  Rio  Grande  to  the  east  bank, 
turn  the  Fort,  and  force  a  battle  for  the  recross- 
ing.  To  do  this  involved  first,  the  hazardous  ne 
cessity  of  crossing  a  treacherous  stream  in  full 
view  of  the  Fort ;  second,  to  make  a  "dry  camp" 
immediately  opposite,  and  remote  from  the  Fort 
only  a  mile  and  a  half,  and  the  next  day  to  fight 
our  first  battle.  The  enemy  seemed  to  have  been 
so  confounded  by  the  boldness  and  eccentricity  of 
these  movements,  that  the  first  was  accomplished 
without  molestation,  save  a  demonstration  on  the 
afternoon  of  the  twentieth,  as  we  were  forming  our 
camp,  by  the  crossing  of  some  two  thousand  five 
hundred  infantry  and  cavalry,  with  the  purpose, 
apparently,  of  making  an  assault  upon  our  lines. 
Here  the  spirit  and  courage  of  our  men  were  evi 
denced  by  the  alacrity  shown  in  getting  into  line 
to  confront  the  enemy.  A  few  rounds  from  our 
well-directed  guns,  under  the  management  of 
Captain  Teel,  Lieutenants  Riley  and  Woods, 
checked  his  advance,  and  drove  him  to  the  cover 
of  his  mud  walls. 

It  is  proper  to  state  here  that  these  operations, 
approved  by  me,  were  conducted  by  Colonel 
Thomas  Green,  of  the  Fifth  regiment — the  state 
of  my  health  having  confined  me  to  the  ambulance 
for  several  days  previous. 

On  the  morning  of  the  twenty-first,  considering 
that  the  impending  battle  must  decide  the  ques 
tion  at  issue,  though  still  very  weak,  I  took  the 
saddle  at  early  dawn,  to  direct,  in  person,  the 
movement.  Green's  regiment,  with  the  battalion 
of  the  Seventh,  under  Lieutenant-Colonel  Sutton, 
and  Captain  Teel's  battery,  were  ordered  to  make 
a  strong  threatening  demonstration  on  the  Fort, 
whilst  Scurry,  with  the  Fourth,  well  flanked  by 
Pyron's  command  on  the  left,  should  feel  his  way 
cautiously  to  the  river. 

This  movement  was  unfortunately  delayed  by 
the  loss,  during  the  night,  by  careless  herding,  of 
a  hundred  mules  of  the  baggage-train  of  the 
j  Fourth  regiment.  Rather  than  the  plan  should 
be  defeated,  a  number  of  wagons  were  abandoned, 
containing  the  entire  kits,  blankets,  books,  and 
papers  of  this  regiment;  and  meanwhile,  what 
was  left  of  the  trains  was  kept  in  motion  over  the 
sand-hills,  which  the  enemy  had  deemed  impos 
sible. 


466 


REBELLION   RECORD,  1862-63. 


On  reaching;  the  river  bottom  at  Valverde,  it 
was  ascertained  that  the  enemy,  anticipating  our 
movement,  had  thrown  a  large  force  of  infantry 
and  cavalry  up  the  river  to  dispute  the  water  with 
us.  Pyron  immediately  engaged  him  with  his 
small  force  of  two  hundred  and  fifty  men,  and 
gallantly  held  his  ground  against  overwhelming 
odds,  until  the  arrival  of  Scurry  with  the  Fourth 
regiment  and  Lieutenant  Riley's  battery  of  light 
howitzers.  At  twelve  AT.,  the  action  becoming 
warm,  and  the  enemy  evidently  receiving  large 
reinforcements,  I  ordered  Green's  regiment  with 
Teel's  battery,  to  the  front. 

These,  in  the  course  of  an  hour,  gallantly  en 
tered  into  action,  and  the  battle  became  general. 
Subsequently,  Lieutenant-Colonel  Sutton,  with 
his  battalion,  was  ordered  forward  from  the  rear, 
and  did  right  good  service,  leading  his  men  even 
to  the  cannon's  mouth.  At  one  and  a  half  P.M., 
having  become  completely  exhausted,  and  finding 
myself  no  longer  able  to  keep  the  saddle,  I  sent 
my  aids  and  other  staff-officers  to  report  to  Colonel 
Green.  His  official  report  attests  the  gallantry 
of  their  bearing,  and  his  final  success,  resulting 
in  the  capture  of  their  battery  and  driving  the  ene 
my  in  disorder  from  the  field,  and  thus  evidenc 
ing  his  own  intrepidity  and  the  indomitable  cour 
age  of  all  engaged. 

From  information  derived  from  reliable  sources, 
the  forces  opposed  to  us  could  not  have  been  less 
than  five  thousand  men,  with  a  reserve  of  three 
thousand  at  the  Fort.  Ours  did  not  exceed  one 
thousand  seven  hundred  and  fifty  on  the  field, 
namely,  the  Fourth  regiment,  six  hundred,  Fifth, 
six  hundred,  Seventh,  three  hundred,  and  Pyron's 
command,  (of  Second  mounted  rifles,)  two  hun 
dred  and  fifty.  This  signal  victory  should  have 
resulted  in  the  capture  of  the  Fort,  as  fresh  troops 
had  been  brought  forward  to  pursue  and  follow 
the  discomfited  column  of  the  enemy.  A  flag  of 
truce  was  opportunely  despatched  by  the  Federal 
commander  before  he  reached  the  gates  of  his 
Fort,  and  which  was  for  two  hours  supposed  by 
our  troops  to  be  a  proposition  to  surrender. 

This  flag  had  for  its  object  the  burying  of  the 
dead  and  removal  of  their  wounded  ;  and  I  regret 
to  state  here,  for  the  sake  of  old  associations,  that 
under  this  flag,  and  another  sent  next  day,  the 
enemy,  availing  himself  of  our  generosity  and  con 
fidence  in  his  honor,  not  only  loaded  his  wagons 
with  arms  picked  up  on  the  battle-field,  but  sent 
a  force  up,  and  actually  succeeded  in  recovering 
from  the  river  one  twenty-four  pounder,  which 
had  been  left  in  our  hands.  Even  a  guidon  and 
a  flag,  taken  in  the  same  way,  under  the  cover  of 
night  and  a  white  flag,  were  boastingly  pointed 
to  in  an  interview  under  a  flag  of  truce  between 
one  of  my  aids  and  the  Federal  commander  at  the 
Fort,  as  trophies  of  the  fight. 

The  burying  of  the  dead  and  care  of  the  wound 
ed  occasioned  a  delay  of  two  days  on  the  field, 
thus  leaving  us  with  but  five  days'  scant  rations. 
In  this  dilemma  the  question  arose  whether  to 
assault  the  Fort  in  this  crippled  condition,  or 
move  rapidly  forward  up  the  river  where  supplies 
of  breadstulfs  and  meat  could  be  procured.  The 


latter  course,  in  a  council  of  war,  was  adopted. 
Depositing  our  sick  at  Socorro,  thirty  miles  above 
Fort  Craig,  the  march  was  uninterruptedly  made  to 
Albuquerque,  where,  notwithstanding  the  destruc 
tion  by  the  enemy  of  large  supplies  by  fire,  ample 
subsistence  was  secured.  A  very  considerable 
quantity  of  supplies  and  ammunition  was  also 
obtained  at  Cubero,  a  temporary  post  sixty  miles 
west  of  Albuquerque.  Other  supplies  were  also 
taken  at  Santa  Fe,  and  upon  the  whole  we  had  a 
sufficiency  for  some  three  months. 

It  is  due  to  the  Fourth  regiment  to  mention  at 
this  place  an  action  of  devotion  and  self-sacrifice 
worthy  of  high  praise,  and  more  commendable  be 
cause  they  are  Texans. 

In  the  action  at  Valverde  many  of  their  horses 
were  killed,  thus  leaving  them  half  foot,  half 
mounted.  The  proposition  being  made  to  them 
to  dismount,  the  whole  regiment,  without  a  dis 
senting  voice,  a  cavalry  regiment  which  had  proud 
ly  flaunted  its  banner  before  the  enemy  on  the 
twentieth,  took  the  line  of  inarch  on  the  twenty- 
fourth,  a  strong  and  reliable  regiment  of  infantry. 

Having  secured  all  the  available  stores  in  and 
about  Albuquerque,  and  despatched  Major  Pyron 
with  his  command  to  Santa  Fe  to  secure  such  as 
might  be  found  there,  I  determined  to  make  a 
strong  demonstration  on  Fort  Union. 

"With  this  view,  Colonel  Scurry,  with  the  Fourth, 
and  the  battalion  of  Colonel  Stute's  regiment  un 
der  Major  Jordan,  were  pushed  forward  in  the  di 
rection  of  Galestio,  whilst  Colonel  Green,  with  his 
regiment,  (Fifth,)  being  somewhat  badly  crippled 
in  transportation,  was  held  for  a  few  days  in  hand 
to  check  any  movement  from  Fort  Craig. 

Meanwhile,  the  enemy  having  received  reen- 
forcements  at  Fort  Union  of  nine  hundred  and 
fifty  men  from  Pike's  Peak,  on  or  about  the 
twelfth  of -March,  took  the  initiative  and  commenc 
ed  a  rapid  march  on  Santa  Fe. 

Major  Pyron,  reenforced  by  four  companies  of 
of  the  Fifth  regiment,  under  Major  Shropshire,  re 
ceiving  notice  of  this  movement,  advanced  at  once 
to  meet  him  on  the  high  road  between  Santa  Fe 
and  Union.  On  the  twenty-sixth  of  March  a  sharp 
skirmish  ensued,  described  in  detail  by  that  offi 
cer,  wherein  many  acts  of  daring  heroism  were 
enacted.  The  company  of  "  brigades,"  (independ 
ent  volunteers,)  under  the  command  of  Captain 
John  Phillips,  is  said  to  have  done  good  service. 
One  of  their  number,  Mr.  Thomas  Cator,  was  kill 
ed,  and  two  wounded.  On  this  occasion,  as  on 
every  previous  one,  this  company  showed  a  dc- 
votedness  to  the  cause  which  has  elevated  them 
and  inspired  confidence  throughout  the  army. 
Colonel  Scurry  reached  the  scene  of  action  at  day 
light  next  morning,  and  the  next  day  fought  the 
battle  of  Glorietta,  driving  the  enemy  from  the 
field  with  great  loss. 

His  report  is  respectfully  referred  to  for  the 
details  of  this  glorious  action.  Pending  this  ac 
tion,  I  was  on  my  route  to  Santa  Fe,  in  rear  of 
Green's  regiment,  which  had  meanwhile  been 
put  in  march  for  that  place,  where,  on  i.iy  arri 
val,  I  found  the  whole  exultant  army  assembled. 
The  sick  and  wounded  had  been  comfortably 


DOCUMENTS. 


467 


quartered  and  attended  ;  the  loss  of  clothing  and 
transportation  had  been  made  up  from  the  ene 
my's  stores  and  confiscations  ;  and  indeed  every 
thing  done  which  should  have  been  done. 

Many  friends  were  found  in  Sante  Fe  who  had 
been  in  durance.  Among  the  rest,  General  Wm. 
Pelham,  who  had  but  recently  been  released 
from  a  dungeon  in  Fort  Union. 

After  the  occupancy  of  the  capital  of  the  Ter 
ritory  for  nearly  a  month  from  the  time  of  our 


of  the  enemy's  cavalry.  Finding  myself  com 
pletely  cut  off,  I  had  no  other  alternative  than  to 
recross  the  river  amid  a  shower  of  balls.  The 
day  was  occupied  at  Peratto  in  ineffectual  firing 
on  both  sides.  After  nightfall  I  gave  orders  for 
the  recrossing  of  the  whole  army  to  the  west 
bank  of  the  river,  which  was  effected  without 
interruption  or  casualty,  and  on  the  next  morn 
ing  the  march  down  the  river  was  resumed.  The 
enemy  followed  on  the  opposite  bank,  and  both 


first  advance  upon  it,  the  forage  and  supplies  ob- '  armies  encamped  in  full  view  of  each  other,  the 
tainable  there  having  become  exhausted,   it  was   river  alone  intervening. 


determined  to  occupy  with  the  whole  army  the 
village  of  Murzana,  intermediate  between  Fort 
Union,  Albuquerque,  and  Fort  Craig,  and  secur 
ing,  as  a  line  of  communication,-  the  road  to  Fort 
Stariton. 

This  plan  was  disconcerted,  however,  by  the 
rapid  and  continuous  expresses  from  Albuquer 
que,  urging  the  necessity  of  reinforcements  to 
hold  the  place  (the  depot  of  all  our  supplies) 
against  the  advancing  forces  of  Canby,  from 
Craig. 

The  entire  force  was  accordingly  moved  by 
forced  marches  in  the  direction  of  Albuquerque, 
arriving  too  late  to  encounter  the  enemy,  but 
time  enough  to  secure  our  limited  supplies  from 
the  contingency  of  capture. 

In    our  straitened    circumstances,    the   ques- 


The  transportation  and  artillery  had  by  this 
time  become  such  an  incumbrance  on  the  heavy 
sandy  road,  without  forage  or  grass,  that  the 
abandonment  of  one  or  the  other  became  inevit 
able.  My  original  plan  had  been  to  push  on  by 
the  river  route,  in  advance  of  the  enemy,  having 
the  start  of  him  two  whole  days  from  Albuquer 
que  to  Fort  Craig,  attack  the  weak  garrison,  and 
demolish  the  Fort. 

This  plan  was  defeated  by  Colonel  Green  not 
finding  a  crossing  of  the  river  at  a  convenient 
point. 

Colonel  Green  and  Colonel  Scurry,  with  seve 
ral  other  practical  officers,  here  came  forward 
and  proposed,  in  order  to  avoid  the  contingency 
of  another  general  action  in  our  then  crippled 
condition,  that  a  route  through  the  mountains, 


tion  now  arose  in  my  mind,  whether  to  evacuate  avoiding  Fort  Craig,  and  striking  the  river  below 
the  country,  or  take  the  desperate  chances  of !  that  point,  should  be  pursued,  they  undertaking 
fighting  the  enemy  in  his  stronghold,  Union,  for  with  their  respective  commands  to  push  the  ar- 


scant  rations  at  the  best. 

The  course  adopted  was  deemed  the  wisest. 
On  the  morning  of  the  twelfth  of  April,   the 


tillery  through  at  all  hazards,  and  at  any  expen 
diture  of  toil  and  labor.  Major  Coopwood,  who 
had  familiarized  himself  with  the  country,  under- 


evacuation  commenced  by  the  crossing  of  Scurry's  took  the  difficult  and  responsible  task  of  guiding 
Fourth  regiment,  the  battalion  of  Stute's  regi- 1  the  army  through  this  mountainous,  trackless 
ment,  Pyron's  command,  and  a  part  of  the  artil-  waste, 
lery,  by  ferry  and  ford,  to  the  west  bank  of  the 


river.     Green's  regiment  was  ordered  to  follow, 
but  finding  the  ford  to  be  difficult,  he  encamped 


The  arguments  presented  in  favor  of  this  course 
were  potent.  Besides  having  the  advantage  of 
grass  and  a  firm  road,  with  very  little  difference 


for  the  night  on  the  east  bank,  hoping  to  be  able,  j  in   distance,    the   enemy    would   be   completely 


on  the  ensuing  morning,  to  find  a  better  ford 
lower  down  the  river.  Accordingly,  on  the  next 
day  that  officer  proceeded  with  his  regiment  as 
low  down  as  Peratto,  opposite  Los  Lunal,  the 
point  at  which  I  had  halted  the  balance  of  the 
army  to  await  his  arrival.  In  the  mean  time, 
Canby,  having  formed  a  junction  with  a  large 


mystified,  as  afterward  proved  to  be  the  case. 
Accordingly,  all  the  wagons  which  could  possi 
bly  be  dispensed  with  were  ordered  to  be  aban 
doned  on  the  ground,  seven  days'  provisions  to 
be  packed  on  mules,  and  the  entire  force  put  in 
march  after  night-fall.  The  route  was  a  difficult 
and  most  hazardous  one,  both  in  respect  to  its 


force   from   Fort   Union,   debouched  through   a  I  practicability  and   supply   of  water.     The   suc- 


canon  after  nightfall  to  the  neighborhood  of  the 
river,  taking  a  commanding  position  in  close 
proximity  to  Green's  camp,  and  in  the  morning 
opened  a  furious  but  harmless  cannonade. 

On  being  notified  of  the  critical  situation  of 
this  detached  portion  of  the  army,  the  whole 
disposable  force  at  Los  Lunal,  reserving  a  suffi- 


cessful  accomplishment  of  the  march  not  only 
proved  the  sagacity  of  our  guide,  but  the  pledge 
of  Colonel  Scurry  that  the  guns  should  be  put 
over  every  obstacle,  however  formidable,  by  his 
regiment,  was  nobly  fulfilled.  Not  a  murmur 
escaped  the  lips  of  these  brave  boys.  Descents 
into  and  ascents  out  of  the  deepest  canom,  which 


cient  guard  for  the  train,  was  despatched  to  its  \  a  single  horseman  would  have  sought  for  miles 
relief.     The  passage  of  the  river  by  this  force  j  to  avoid,  were  undertaken  and  accomplished  with 


and  the  artillery  was  successfully  effected,  under 
the  direction  of  Colonel  Scurry. 


a  cheerfulness  and  ability  which  were  the  admi 
ration  and  praise  of  the  whole  army.     Thus,  in 


Following  shortly  after  with  a  portion  of  my  ten  days,  with  seven  days'  rations,  a  point  on 
staff,  to  assume  the  immediate  command,  and  i  the  river,  where  supplies  had  been  ordered  for- 
having  crossed  the  river,  I  was  notified  by  seve-  j  ward,  was  reached.  The  river,  which  was  risLig 
ral  officers,  who  had  preceded  me  some  hundred  \  rapidly,  was  safely  crossed  to  the  east  bank,  un- 
yards,  of  the  rapid  approach  of  a  large  number  1  der  the  direction  of  Colonel  Green,  and  at  tliU 


468 


REBELLION  RECORD,  1862-63. 


moment,  I  am  happy  to  repeat,  the  whole  force 
is  comfortably  quartered  in  the  villages  extend 
ing  from  Dona  Ana  to  this  place. 

My  chief  regret,  in  making  this  retrograde 
movement,  was  the  necessity  of  leaving  hospitals 
at  Santa  Fe,  Albuquerque,  and  Socorro.  Every 
thing,  however,  was  provided  for  the  comfort  of 
the  sick,  and  sufficient  funds,  in  confederate  pa 
per,  provided  them  to  meet  every  want,  if  it  be 
negotiated.  It  has  been  almost  impossible  to 
procure  specie  upon  any  terms.  One  thousand 
dollars  is  all  I  have  been  able  to  procure  for  the 
use  of  the  hospitals  and  for  secret  service.  The 
ricos,  or  wealthy  citizens  of  New-Mexico,  had 
been  completely  drained  by  the  Federal  powers, 
and  adhering  to  them,  becoming  absolute  follow 
ers  of  their  army,  for  dear  life  and  their  invested 
dollars.  Politically,  they  have  no  distinct  senti 
ment  or  opinion  on  the  vital  question  at  issue. 
Power  and  interest  alone  control  the  expression 
of  their  sympathies.  Two  noble  and  notable 
exceptions  to  this  rule  were  found  in  the  brothers 
Raphael  and  Manuel  Armijo,  the  wealthiest  and 
most  respectable  native  merchants  of  New-Mexi 
co.  The  latter  had  been  pressed  into  the  militia, 
and  was  compulsorily  present  in  the  action  at 
Valverde.  On  our  arrival  at  Albuquerque,  they 
came  forward  boldly,  and  protested  their  sympa 
thy  with  our  cause,  placing  their  stores,  contain 
ing  goods  amounting  to  $200,000,  at  the  disposal 
of  my  troops. 

When  the  necessity  for  evacuating  the  country 
became  inevitable,  these  two  gentlemen  aban 
doned  luxurious  homes  and  well-filled  store 
houses,  to  join  their  fate  to  the  Southern  Confed 
eracy.  I  trust  they  will  not  be  forgotten  in  the 
final  settlement. 

In  concluding  this  report,  already  extended 
beyond  my  anticipations,  it  is  proper  that  I 
should  express  the  conviction,  determined  by 
some  experience,  that,  except  for  its  political 
geographical  position,  the  Territory  of  New-Mexico 
is  not  worth  a  quarter  of  the  blood  and  treasure 
expended  in  its  conquest.  As  a  field  of  military 
operations,  it  possesses  not  a  single  element,  ex 
cept  in  the  multiplicity  of  its  defensible  positions. 
The  indispensable  element,  food,  cannot  be  relied 
on.  During  the  last  year,  and,  pending  the  re 
cent  operations,  hundreds  of  thousands  of  sheep 
have  been  driven  off  by  the  Navajoes.  Indeed, 
such  were  the  complaints  of  the  people  in  this 
respect,  that  I  had  determined,  as  good  policy, 
to  encourage  private  enterprises  against  that  tribe 
and  the  Apaches,  and  to  legalize  the  enslaving  of 
them. 

As  for  the  results  of  the  campaign,  I  have  only 
to  say  that  we  have  beaten  the  enemy  in  every 
encounter,  and  against  large  odds ;  that,  from 
being  the  worst  armed,  my  forces  are  now  the 
best  armed  in  the  country.  We  reached  this 
point  last  winter  in  rags,  and  blanketless.  The 
army  is  now  well  clad,  and  well  supplied  in  other 
respects.  The  entire  campaign  has  been  prose 
cuted  without  a  dollar  in  the  quartermaster's 
department,  Captain  Harrison  not  having  yet 
reached  this  place.  But,  sir,  I  cannot  speak  en 


couragingly  for  the  future.  My  troops  have 
manifested  a  dogged,  irreconcilable  detestation  of 
the  country  and  the  people.  They  have  endured 
much,  suffered  much,  and  cheerfully  ;  but  the 
prevailing  discontent,  backed  up  by  the  distin 
guished  valor  displayed  on  every  field,  entitles 
them  to  marked  consideration  and  indulgence. 

These  considerations,  in  connection  with  the 
scant  supply  of  provisions,  and  the  disposition  of 
our  own  citizens  in  this  section,  to  depreciate 
our  currency,  may  determine  me,  without  wait 
ing  for  instructions,  to  move  by  slow  marches 
down  the  country,  both  for  the  purpose  of  re 
mounting  and  recruiting  our  thinned  ranks. 

Trusting  that  the  management  of  this  more 
than  difficult  campaign  intrusted  to  me  by  the 
government  may  prove  satisfactory  to  the  Presi 
dent,          I  have  the  honor,  General,  to  be 
Your  obedient  servant, 

H.  F.  SIBLEY, 

Brigadier-General  Commanding. 
REPORT  OF  COLONEL  GREENE. 

CAMP  VALTERDE,  February  22,  1862. 

Major  A.  M.  Jackson.  A.  A.  General.  Arm.y  of 

N.  M. : 

SIR  :  I  have  the  honor  of  submitting  to  you  the 
following  report  of  the  battle  of  Valverde,  fought 
on  yesterday,  by  a  part  of  the  brigade  of  General 
Sibley,  under  my  command.  While  in  the  act 
of  turning  Fort  Craig,  on  the  east  side  of  the  Rio 
Grande,  Major  Pyron,  with  two  hundred  men, 
was  sent  to  reconnoitre  early  in  the  morning  of 
the  twenty -first,  the  route  around  the  Mesa,  north 
of  the  Fort,  and  secure  a  footing  on  the  river 
above.  Whilst  Major  Pyron  was  approaching  the 
river  with  his  command,  the  enemy  appeared  in 
considerable  numbers  between  his  command  and 
the  river,  on  the  north  of  the  Mesa,  and  opened 
on  him  about  eight  o'clock,  a  heavy  fire  of  artil 
lery  and  small  arms,  being  between  him  and  the 
water.  The  gallant  Pyron,  with  his  brave  little 
force,  kept  up  the  unequal  contest  fer  an  hour 
or  two,  until  the  arrival  of  Lieutenant-Colonel 
Scurry,  with  a  part  of  his  regiment  and  Lieuten 
ant  Riley's  howitzer  battery.  Scurry  took  posi 
tion  on  the  right  of  Pyron,  and  both  kept  up  the 
contest  and  maintained  their  position  behind  a 
low  line  of  sand-hill.  About  this  time,  one  sec 
tion  of  Captain  Teel's  battery  came  up,  and  took 
position,  and  replied  to  the  fire  of  the  enemy.  At 
twelve  o'clock,  while  under  the  orders  of  the  Gen 
eral,  I  was  threatening  the  Fort  on  the  south  side 
of  the  Mesa,  I  received  his  orders  to  move  up 
with  all  my  disposable  force  to  the  support  of 
Lieutenant-Colonel  Scurry  and  Major  Pyron,  after 
leaving  a  sufficient  force  to  protect  the  train  which 
was  then  moving  from  our  late  camp  around  the 
Mesa  to  the  battle-ground,  and  which  was  stretch 
ed  out  for  several  miles.  Our  train  was  threat 
ened  by  a  considerable  body  of  troops  of  the  en 
emy,  who  made  their  appearance  on  the  Mesa. 
Detaching  Lieutenant-Colonel  Sutton's  command, 
and  a  detachment  from  my  own  regiment  to  pro 
tect  the  train,  I  moved  up  with  as  much  speed 
as  practicable,  with  eight  companies  of  my  regi- 


DOCUMENTS. 


469 


ment,  sending  forward  Major  Lockridge  with  the 
two  companies  of  lancers  under  Captains  Lang 
and  McGowan.  My  companies  were  placed  in 
the  line  of  battle  between  Pyron,  on  the  left,  and 
Scurry,  on  the  right,  except  three,  which  were 
sent  by  me  under  Lieutenant-Colonel  McNeill,  to 
drive  the  enemy  from  the  north  point  of  the  Mesa, 
where  they  were  annoying  our  left,  and  threat 
ening  our  train. 

After  these  dispositions,  I  moved  up  to  the 
line  of  battle  myself,  and,  by  the  orders  of  the 
General,  took  command  of  the  forces  present. 
The  enemy,  during  the  day,  and  with  little  inter 
mission,  kept  up  a  brisk  cannonade  upon  us,  to 
which  our  six-pounders,  under  Captain  Teel,  re 
plied  with  effect.  The  enemy  repeatedly  ad 
vanced  with  their  skirmishers  to  near  our  lines, 
killing  many  of  our  horses  tied  in  the  rear. 
About  three  o'clock  P.M.,  a  most  galling  fire  was 
opened  upon  Lieutenant-Colonel  Scurry's  com 
mand,  on  our  right,  by  three  or  four  hundred  of 
the  enemy's  riflemen.  Captain  Lang,  of  the  Fifth 
regiment,  with  about  forty  of  his  lancers,  made 
at  this  time  one  of  the  most  gallant  and  furious 
charges  on  these  light  troops  of  the  enemy  ever 
witnessed  in  the  annals  of  battles.  His  little 
troop  was  decimated,  and  the  gallant  Captain  and 
Lieutenant  Bass  severely  wounded — the  latter  in 
seven  places.  The  enemy  were  repulsed  by  this 
gallant  charge,  and  our  right  was  for  some  time 
unmolested. 

Large  bodies  of  the  enemy's  infantry  having 
crossed  the  river  about  half-past  three  o'clock 
P.M.,  bringing  over  with  them  six  pieces  of  splen 
did  artillery,  took  position  in  front  of  us,  on  the 
bank  of  the  river,  at  a  distance  of  six  hundred 
yards.  In  addition  to  this  body  of  troops,  two 
twenty-four-pound  howitzers  were  placed  on  our 
left  flank  by  the  enemy.  These  were  supported 
by  a  regiment  of  infantry  and  a  regiment  of  cav 
alry.  The  heaviest  fire  of  the  whole  day  was 
opened  about  this  time  on  our  left,  which  was 
under  the  command  of  the  gallant  Lockridge. 
Our  brave  men  on  that  part  of  the  line  maintain 
ed  the  unequal  fight  with  desperate  courage, 
though  overwhelmingly  outnumbered.  Lieuten 
ant-Colonel  Sutton,  now  coming  up  with  a  part 
of  his  battalion,  took  position  on  our  left. 

The  enemy,  now  being  on  our  side  of  the  river, 
opened  upon  us  a  tremendous  fire  of  round  shot, 
grape,  and  shell.  Their  force  in  numbers  was 
vastly  superior  to  ours,  but  having  the  most  un 
bounded  confidence  in  the  courage  of  our  troops, 
I  ordered  a  charge  on  their  battery  and  infantry 
of  regulars  in  front,  and  at  the  same  time,  Ma 
jor  Ragnet,  of  the  Fourth,  with  four  compa 
nies  of  the  same,  and  Captain  Ragsdale's  compa 
ny  of  the  Fifth,  was  directed  by  me  to  charge  as 
cavalry  upon  the  infantry  and  Mexican  cavalry 
and  the  two  twenty-four-pound  howitzers  on  our 
flank. 

Our  dismounted  troops  in  front  were  composed 
of  parts  of  the  Fourth  and  Fifth  regiments  T.  M. 
V.,  and  parts  of  Lieutenant-Colonel  Sutton's  and 
most  of  Pyron' s  battalions,  Teel's,  Riley's,  and 


Wood's  batteries  of  artillery,  numbering  about 
seven  hundred  and  fifty  on  the  ground."  Major 
Ragnet' s  cavalry  numbered  about  two  hundred 
and  fifty,  making  about  one  tbciasand  men  in  the 
charge. 

At  the  command  to  charge,  our  men  leaped 
over  the  sand-bank,  which  had  served  as  a  gocci 
covering  to  them,  and  dashed  over  the  open  plain, 
thinly  interspersed  with  cotton-wood  trees,  upon 
the  battery  and  infantry  of  the  enemy  in  front, 
composed  of  United  States  regulars  and  Denver 
City  volunteers,  and  in  a  most  desperate  charge 
and  hand-to-hand  conflict  completely  overwhelm 
ed  them,  killing  most  of  their  gunners  around 
their  cannon,  and  driving  the  infantry  into  the 
river.  Never  were  double-barrelled  shot  guns 
and  rifles  used  to  better  effect.  A  large  number 
of  the  enerny  were  killed  in  the  river  with  shot 
guns  and  six-shooters  in  their  flight. 

Whilst  we  were  occupied  with  the  enemy  in 
front,  Major  Ragne!  made  a  gallant  and  most 
timely  charge  upon  the  infantry  and  cavalry  of 
the  enemy  on  our  left  flank.  This  charge  was 
made  against  ten  times  the  number  of  Ragnet' s 
force,  and  although  we  suffered  severely  and  were 
compelled  to  fall  back,  he  effected  the  object  of 
his  mission,  and  occupied  the  attention  of  our 
powerful  enemy  on  the  left,  while  our  dismount 
ed  men  were  advancing  upon  those  in  front,  and 
running  them  into  the  river. 

So  soon  as  the  enemy  had  fled  in  disorder  from 
our  terrible  fire  in  front,  we  turned  upon  his  in 
fantry  and  cavalry  and  twenty-four  pounders  on 
our  left  flank,  just  engaged  by  Major  Ragnet.  We 
charged  them  as  we  had  those  in  front,  but  they 
were  not  made  of  as  good  stuff  as  the  regulars, 
and  a  few  fires  upon  them  with  their  own  artil 
lery  and  Teel's  guns — a  few  volleys  of  small  arms, 
and  the  old  Texas  war-shout,  completely  dispers 
ed  them.  They  fled  from  the  field,  both  cavalry 
and  infantry,  in  the  utmost  disorder,  many  of 
them  dropping  their  guns  to  lighten  their  heels, 
and  stopping  only  under  the  walls  of  the  Fort. 
Our  victory  was  complete.  The  enemy  must  have 
been  three  thousand  strong,  while  our  force  actu 
ally  engaged  did  not  exceed  six  hundred.  Six 
splendid  pieces  of  artillery  and  their  entire  equi 
page,  fell  into  our  hands,  also  many  fine  small 
arms. 

This  splendid  victory  was  not  achieved  without 
severe  loss  to  us. 

Major  Lockridge,  of  the  Fifth,  fell  at  the  mouth 
of  the  enemy's  guns,  gallantly  leading  our  brave 
troops  to  the  assault. 

Lieutenant-Colonel  Sutton,  of  the  Seventh,  fell 
mortally  wounded  at  the  head  of  his  battalion, 
while  assaulting  the  enemy's  battery. 

Several  of  our  officers  were  desperately  wound 
ed,  some  of  them,  no  doubt,  mortally.  Among 
them  are  the  gallant  Captain  Lang,  of  the  lancers, 
and  Lieutenant  Bass,  both  of  company  B,  and 
Lieutenant  Hubbard,  of  company  A,  Fifth  regi 
ment. 

Captain  Heurel,of  the  Fourth,  fell  in  the  gallant 
cavalry  charge  of  Major  Ragnet.  He  was  one  of 


470 


REBELLION  RECORD,  1SG2-63. 


the  most  distinguished  of  the  heroes  of  the  day. 
Like  the  gallant  Lang,  of  the  Fifth,  he  could  not 
appreciate  odds  in  a  battle. 

I  cannot  say  enough  in  praise  of  the  gallantry 
of  our  surviving  officers  and  men.  It  would  be 
invidious  to  mention  names.  Were  I  to  do  so, 
the  rolls  of  captains,  lieutenants,  and  men,  would 
have  to  be  here  inserted.  I  will  only  mention 
the  principal  field  and  staff  in  the  engagement. 
The  cheering  voice  of  Lieutenant-Colonel  Scurry 
was  heard  where  the  bullets  fell  thickest  on  the 
field.  Lieutenant-Colonel  McNeil,  and  the  gallant 
Major  Pyron,  who  has  been  before  mentioned, 
displayed  the  most  undaunted  courage.  Major 
Ragnet,  of  the  Fourth,  though  wounded,  remain 
ed  at  his  post,  and  retired  not  until  the  field  was 
won.  These  were  the  field-officers  present,  as  I 
have  just  stated.  The  captains,  lieutenants,  and 
men  in  the  action,  displayed  so  much  gallantry 
that  it  would  be  invidious  to  make  distinctions. 
They  fought  with  equal  valor,  and  are  entitled  to 
equal  credit  with  the  field  and  staff  here  men 
tioned. 

I  will  not  close  this  report  without  a  just  meed 
of  praise  to  the  general  staff,  who  served  me  as 
aides-de-camp  during  the  day.  Colonel  W.  L. 
Robards  was  in  the  dashing  charge  of  the  gallant 
Lang,  and  wounded  in  several  places. 

Captain  Tom  P.  Ochiltree,  aid-de-camp  to  Gen 
eral  Sibley,  was  exceedingly  useful  to  me  on  the 
field,  and  active  during  the  whole  engagement. 
He  assisted  me,  in  the  most  critical  moment,  to 
cheer  our  men  to  the  assault.  He  deserves  the 
highest  praise  for  his  undaunted  chivalry  and 
coolness,  and  I  recommend  him  to  the  General 
for  promotion. 

Captain  Dwyer  was  also  very  useful,  gallant, 
and  active  during  the  whole  action. 

I  cannot  close  without  the  mention  of  Captain 
Frazier,  of  the  Arizona  volunteers.  To  him,  more 
than  all  others,  we  are  indebted  for -the  success 
ful  turning  of  Fort  Craig.  He  led  us  over  the 
high  ground  around  the  Mesa  to  the  east  of  the 
Fort,  where  we  at  all  times  had  the  advantage  of 
the  enemy,  in  case  he  had  attacked  us  in  the  act 
of  turning  the  Fort. 

I  will  personalize  only  further  by  the  mention 
of  my  own  regimental  staff. 

Sergeant-Major  C.  B.  Sheppard  shouldered  his 
gun  and  fought  gallantly  in  the  ranks  of  Captain 
McPhail's  company  in  the  charge.  Lieutenant 
Joseph  D.  Sayers,  Adjutant  of  the  Fifth,  during 
*he  whole  day,  reminded  me  of  a  hero  of  the  days 
of  chivalry.  He  is  a  gallant,  daring,  and  dashing 
soldier,  and  he  is  as  cool  in  a  storm  of  grape,  shell, 
canister,  and  musketry  as  a  veteran.  I  recom 
mend  him,  through  the  General,  to  the  President 
for  promotion. 

Our  killed  and  wounded  are  as  follows : 

Second  regiment  Texas  mounted  volunteers, 
Major  Pyron' s  command,  killed  four,  wounded 
seventeen,  missing  one. 

Teel's  battery,  killed  two,  wounded  four. 

Fourth  regiment  Texas  mounted  volunteers, 
Lieutenant-Col.  Scurry's  command,  killed  eight, 
wounded  thirty-six. 


Fifth  regiment  Texas  mounted  volunteers,  Col 
onel  Green's  regiment,  killed  twenty,  wounded 
sixty-seven. 

Seventh  regiment  Texas  mounted  volunteers, 
Lieutenant-Colonel  Button's  command,  killed  two, 
wounded  twenty-six. 

Total  killed  thirty-six,  wounded  one  hundred 
and  fifty-nine,  missing  one. 

Since  which  time  Lieutenant-Colonel  Sutton,  01 
the  Seventh,  and  two  privates  of  the  Fifth,  and 
two  of  Teel's  battery  have  died  from  wounds  re 
ceived  in  battle. 

The  enemy's  loss  was  far  greater  than  ours. 
The  precise  number  cannot  be  ascertained  by  us, 
as  many  were  killed  in  the  river,  and  as  the  ene 
my's  white  flag,  asking  permission  to  gather  up 
their  dead  and  wounded,  came  almost  before  the 
sound  of  the  last  cannon  had  ceased  to  reverber 
ate  in  the  hills.  It  is  confidently  asserted  and 
believed,  by  many  of  our  officers  and  men,  that 
the  enemy,  under  the  flag  of  truce,  picked  up 
many  small  arms,  and  carried  them  off  with  the 
dead-wagons  ;  that  they  also  carried  off  their  two 
twenty-four  pound  howitzers,  which  were  left  by 
them  in  the  river.  It  is  certain  that,  during  the 
cessation  of  hostilities,  they  picked  up  a  company 
flag  and  guidon  of  my  regiment,  left  on  the  field 
during  our  charge,  while  they  were  gathering  up 
their  wounded  and  dead  ;  and,  it  is  said,  these 
are  considered  by  them  as  trophies.  I  do  not 
believe  the  commanding  officer  of  the  enemy  is 
aware  of  these  facts,  as  he  would  not  have  spoken 
of  stolen  flags  as  trophies. 

I  think,  from  the  best  information  in  my  pos 
session,  that  the  enemy's  loss  must  have  been,  in 
killed  and  wounded,  at  least  three  hundred  and 
fifty  or  four  hundred.  Among  their  killed  were 
several  gallant  officers. 

The  gallant  McRea  fell  at  his  guns.  Several 
other  captains  and  lieutenants  were  killed.  Cap 
tain  Rosell,  of  the  Tenth  U.  S.  infantry,  and  several 
privates  of  the  Fifth  and  Tenth  infantry,  and 
Denver  City  volunteers  were  taken  prisoners. 

Respectfully  submitted. 

THOMAS  GREEN, 

Colonel  Third  Re-Wnt  T.  M.  V. 

REPORT  OP  COLONEL  W.  R.  SCURRY. 

VALVERDB,  NEW-MEXICO,  Feb.  22, 1862. 

A.  M,  Jackson,  A.  A.  G.  Army  of  New-Mexico  : 
MAJOR  :  Early  on  the  morning  of  yesterday, 
while  the  army  was  encamped  on  the  east  side  of 
the  Rio  Grande,  opposite  Fort  Craig,  I  received 
orders  to  march  with  my  command,  (Fourth  regi 
ment  T.  M.  V.,)  and  take  possession  at  as  early 
an  hour  as  practicable  of  some  point  on  the  river 
above  Fort  Craig,  at  which  water  might  be  ob 
tained.  By  eight  o'clock  the  regiment  took  up 
the  line  of  march,  accompanied  by  Captain  George 
Frazier,  of  Major  Pyron' s  battalion  (with  his  com 
pany)  acting  as  guide  for  the  command.  Sup 
posing  that  we  were  the  advance  of  the  army,  to 
prevent  surprise,  I  ordered  Major  Ragnet  to  take 
the  advance,  with  four  companies,  and  Captain 
Frazier's  company,  throwing  out  at  the  same  time 
front  and  flank  patrols.  In  a  short  time  I  learned 


DOCUMENTS. 


471 


that  Major  Pyron,  with  one  hundred  and  eighty 
men,  was  in  our  advance.  Aware  of  the  great 
vigilance  of  that  active  officer,  I  recalled  Major  Rag- 
net  and  reunited  the  regiment.  A  report  was  re 
ceived  from  Major  Pyron  that  the  road  was  clear  of 
the  enemy,  and  the  river  in  sight.  But  in  a  short 
time  a  second  message  was  received,  through 
Captain  John  Phillips,  from  the  Major,  informing 
me  that  large  masses  of  the  enemy  were  in  his 
front  and  threatening  an  attack.  As  his  force  was 
but  small,  I  was  fearful  that  he  would  be  over 
powered  before  we  could  reach  him,  and  accord 
ingly  pushed  forward,  guided  by  Captain  Phil 
lips,  as  rapidly  as  our  horses  could  carry  us,  to 
his  relief,  and  found  him  gallantly  maintaining  a 
most  unequal  contest  against  vastly  superior  num 
bers.  Dismounting  my  command,  we  formed  on 
his  right  and  joined  in  the  conflict.  For  near 
two  hours  we  held  our  position  in  front  of  an 
enemy  now  known  to  be  near  five  thousand 
strong,  while  our  own  forces  were  not  over  seven 
hundred  in  number.  Immediately,  upon  reach 
ing  the  field,  Captain  Frazier  joined  the  command 
to  which  he  belonged,  where  he  did  good  service 
during  the  remainder  of  the  day. 

Upon  opening  fire  with  the  light  howitzer 
battery,  under  Lieut.  John  Riley,  it  was  found 
to  be  ineffectual  against  the  heavier  metal  of  the 
enemy.  It  was  therefore  ordered  to  cease  firing 
and  be  withdrawn  under  cover. 

At  about  one  o'clock,  Captain  Teel,  with  two 
guns  of  his  battery,  reached  the  ground.  Being 
placed  in  position  on  our  right,  he  opened  a  gall 
ing  fire  upon  the  left  flank  of  the  enemy,  where 
upon  the  enemy  commenced  a  furious  cannonade 
upon  him  from  their  entire  battery,  consisting  of 
eight  guns.  So  heavy  was  their  fire  that  the 
Captain  soon  found  himself  with  but  five  men  to 
work  the  two  guns.  A  bomb  exploding  under 
his  pieces  had  set  the  grass  on  fire  ;  still  this  gal 
lant  officer  held  his  position  and  continued  his 
firing  upon  the  enemy,  himself  seizing  the  ram 
mer  and  assisting  to  load  the  piece. 

Seeing  his  situation,  I  ordered  Lieutenant  Riley, 
with  his  command,  to  join  him,  and  assist  in  the 
efficient  working  of  his  guns.  During  the  balance 
of  the  day,  this  brave  little  band  performed  the 
duty  assigned  them.  Judging  by  the  heavy 
firing  on  the  left  that  Major  Pyron  was  hard 
pressed,  Captain  Teel,  with  more  of  his  guns, 
which  had  just  rt  ached  the  ground,  was  despatch 
ed  to  his  relief.  Major  Ragnet,  with  four  compa 
nies  of  the  regiment,  was  ordered  to  maintain  our 
position  there.  I  remained  on  the  right  with  the 
balance  of  my  command  and  two  pieces  of  Teel's 
battery,  under  Lieutenant  J.  H.  McGinness,  to 
hold  in  check  the  enemy,  who  were  moving  in 
large  force  in  that  direction,  to  turn  our  flank. 
About  this  time  Major  Lockridge,  of  the  Fifth 
regiment,  arrived  on  the  field  and  reported  him 
self,  with  a  portion  of  that  command.  He  was 
ordered  to  join  our  troops  on  the  left.  During 
alt  this  time  the  fire  of  the  enemy  had  been  ex 
tremely  heavy,  while,  owing  to  the  shorter  range 
of  most  of  our  guns,  our  fire  was  reserved  until 
they  should  approach  sufficiently  near  our  posi 


tion  to  come  within  range  of  our  arms,  when 
they  were  invariably  repulsed  with  loss.  Soon 
after  the  arrival  of  Major  Lockridge,  Colonel 
Green  reached  the  field  and  assumed  command. 
At  about  three  o'clock  in  the  afternoon,  in  ex 
tending  our  line  to  prevent  the  enemy  from 
turning  our  right,  I  found  myself  with  only  two 
companies  (Captain  Hardeman's  *nd  Crosson's) 
opposed  to  a  force  numbering  some  four  hun 
dred  men,  the  other  four  companies  being  several 
hundred  yards  to  my  left.  It  was  here  that  that 
daring  charge  was  made  by  Captain  Lang,  of  the 
Fifth  regiment,  with  a  small  body  of  lancers. 
But  desperate  courage  was  ineffectual  against 
great  odds  and  superior  arms  ;  and  this  company 
then  sustained  the  greatest  loss  of  life  of  any 
company  of  the  brigade.  This  charge,  otherwise 
unfortunate,  had  the  effect  of  bringing  the  enemy 
within  range  of  our  guns,  when  the  two  pieces  of 
Captain  Teel's  battery  and  the  small  arms  of 
Captains  Hardeman's  and  Crosson's  companies 
opened  an  effective  fire  upon  them,  before  which 
they  rapidly  retreated  with  considerable  loss. 
Just  before  sunset,  Lieutenant  Thomas  P.  Ochil- 
tree,  of  General  Sibley's  staff,  brought  an  order 
to  prepare  for  a  charge  all  along  the  line. 

All  prepared  for  its  prompt  execution,  and 
when  the  words  "  Up,  boys,  and  at  them !"  was 
given,  straight  at  their  battery  of  six  guns,  sup 
ported  by  columns  of  infantry  and  cavalry,  some 
seven  hundred  yards  in  front  of  our  position, 
went  our  brave  volunteers,  unmindful  of  the 
driving  storm  of  grape  and  canister  and  musket- 
balls  sent  hurling  around  them.  With  yells  and 
ringing  shouts  they  dashed  on  and  on,  until  the 
guns  were  won  and  the  enemy  in  full  retreat 
before  them.  After  carrying  the  battery,  their 
guns  were  turned  upon  themselves,  Captains 
Hardeman  and  Walker  manning  those  on  the 
right.  Lieutenant  Ragnet,  of  Riley's  battery, 
being  on  the  ground,  I  placed  one  gun  in  his 
charge,  manning  it  with  such  of  the  men  as  were 
nearest.  The  rammer  being  gone,  a  flag-staff 
was  used  in  its  stead.  Captain  Teel,  coming  up, 
an  effective  fire  was  kept  up  as  long  as  the  enemy 
was  in  reach.  In  the  mean  time,  a  most  timely 
and  gallant  charge  was  made  by  Major  Ragnet 
from  our  left,  thus  effecting  a  favorable  diversion 
at  the  moment  of  our  charge  upon  their  battery. 
This  charge  by  Major  Ragnet  and  his  command 
was  characterized  by  desperate  valor. 

In  the  last  brilliant  and  successful  charge  which 
decided  the  fortunes  of  the  day,  there  were  six 
companies  of  the  Fourth  regiment  T.  M.  V., 
under  their  respective  captains,  (Hardeman,  Cros- 
son,  Lesner,  Foard,  Hampton  and  Nunn.)  Besides 
those  I  saw  Captains  Shropshire,  Killsough,  and 
McPhail,  of  the  Fifth  regiment,  and  Captain  Wal 
ker,  of  Major  Pyron's  battalion. 

The  brave  and  lamented  Major  Lockridge,  of 
the  Fifth  regiment,  fell  almost  at  the  muzzle  o. 
the  enemy's  guns. 

Major  Pyron  was  also  in  the  thickest  of  the 
fray,  and  contributed  much  by  his  example  to 
the  success  of  the  charge,  as  did  also  Lieutenant 
Ochiltree,  of  the  General's  staff. 


472 


REBELLION  RECORD,  1862-3. 


There  \vere  others  there  whom  I  now  regret  my 
inability  to  name.  Where  all,  both  officers  and 
men,  behaved  so  welL,  it  is  impossible  to  say  who 
is  the  most  deserving  of  praise.  The  enemy  re 
tired  across  the  river  and  were  in  full  retreat, 
when  Major  Ragnet,  Captains  Shannon,  Adair, 
Alexander,  Buckholdt,  and  Lieutenant  Shur- 
mond,  reached  the  field  with  their  companies 
mounted.  I  asked  and  obtained  permission  from 
Colonel  Green  to  cross  the  river  with  these  com 
panies  to  pursue  the  flying  foe. 

When  the  head  of  the  column  reached  the 
opposite  shore,  we  were  ordered  to  return.  Night 
closed  in  on  the  hard-won  field  of  Valvedere. 
This  brilliant  victory,  which,  next  to  heaven,  we 
owe  to  the  heroic  endurance  and  unfaltering  cour 
age  of  our  volunteer  soldiers,  was  not  won  with 
out  loss.  Of  the  regiment  which  I  have  the 
honor  to  command,  there  were  eight  killed  and 
fifty-six  wounded,  two  of  which  were  mortal.  It 
affords  me  great  pleasure  to  be  able  to  bear  testi 
mony  to  the  calm,  cool,  and  discriminating  cour 
age  of  Colonel  Thomas  Green  during  the  fight. 
Major  Pyron,  also,  deserves  great  credit  for  his 
soldierlv  bearing  from  the  commencement  to  the 
close  of  the  battle.  Of  the  General's  staff, 
Major  Jackson  was  early  on  the  ground,  as  was 
also  Major  Brownrigg,  Captain  Dwyer,  and  Lieu 
tenant  Ochiltree,  actively  engaged  in  the  discharge 
of  the  duties  assigned  them,  Each  of  these  gen 
tlemen  exhibited  that  high  courage  which  I  hope 
will  ever  distinguish  the  officers  of  the  army.  To 
Majors  Jackson  and  Brownrigg  I  am  under  obli 
gations  for  valuable  aid  in  the  early  part  of  the 
action.  It  is  due  to  the  Adjutant  of  this  regi 
ment,  Ellsbury  R.  Lane,  that  I  should  not  close 
this  report  without  stating  that  he  was  actively 
and  bravely  engaged  in  the  discharge  of  his 
duties,  on  horseback,  until  his  horse  failed,  when, 
taking  a  gun,  he  entered  the  ranks  of  Captain 
Hampton's  company,  and  did  duty  as  a  private 
during  the  remainder  of  the  day. 

I  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servant, 

W.  R.  SCURRY, 

Lieutenant-Colonel  Commanding  Fourth  Regiment  T.  M.  V. 

REPORT  OF  MAJOR  HENRY  W.   RAGNET. 
CAMP  VALVERDE,  ARMY  NEW-MEXICO,  February  23,  1862. 

To  A.  M.  Jackson,  A.  A.    General,  Army  New- 
Mexico  : 

MAJOR  :  About  sunrise  on  the  twenty-first  in 
stant,  whilst  in  camp  opposite  Fort  Craig,  I  was 
ordered  by  Lieutenant-Colonel  Scurry  to  take 
four  companies  of  the  Fourth  Texas  mounted 
volunteers,  to  which  would  be  added  Captain 
Frazier's  company  from  Major  Pyron' s  battalion, 
and  march  as  an  advance  to  the  river  at  the  best 
point  for  approaching  it  above  the  Fort,  supposed 
to  be  about  six  miles  distant.  After  marching 
about  three  miles  I  was  ordered  to  halt  and  join 
Lieutenant-Colonel  Scurry,  who  was  approaching 
with  other  companies  of  the  regiment  and  Lieut. 
Riley's  artillery. 

Our  course  was  then  changed  for  a  nearer 
!)oint  on  the  river.  After  a  half-hour's  march, 


whilst  descending  a  canon,  the  rapid  advance  of 
the  head  of  our  column  gave  notice  that  we  were 
approaching  the  enemy.  And  emerging  into  the 
valley,  the  firing  of  skirmishers  told  that  Major 
Pyron,  who  had  been  marching  on  our  left  flank, 
was  already  engaged  with  the  enemy.  A  half- 
mile  gallop  brought  us  within  range  of  the  ene 
my's  artillery,  when  Lieutenant-Colonel  Scurry 
ordered  us  to  dismount  and  advance,  when  we 
were  soon  within  range  of  their  small  arms,  and 
took  position  on  the  right  of  Major  Pyron,  behind 
a  low  bank,  about  nine  A.M.  After  we  had  taken 
this  position  about  half  an  hour,  the  enemy 
moved  up  on  our  right  with  the  evident  intention 
of  flanking  us,  which  at  the  time  would  have  been 
fetal;  when  Lieut. -Colonel  Scurry,  dividing  the 
command,  assigned  that  position  to  me,  and 
moved  up  to  the  position  occupied  by  him  dur 
ing  the  day,  and  checked  their  advance. 

The  troops  at  this  time  with  me  were  Major 
Pyron,  with  his  battalion  of  one  hundred  and 
eighty  men,  under  Captains  Walker,  Stafford, 
and  Frazier,  Lieutenants  Nicholson  and  Jett, 
four  companies  of  the  Fourth  regiment,  under 
Captains  Scarborough,  Buckholt,  Harvell,  and 
Alexander.  About  noon,  one  piece  of  Captain 
Teel's  battery,  under  Lieutenant  Bradford,  was 
added  to  my  position,  which  did  good  service 
until  the  heavier  metal  of  the  enemy  silenced  it. 
Soon  after  the  arrival  of  this  gun,  Major  Lock- 
ridge  arrived  with  three  companies  of  the  Fifth 
regiment  Texas  mounted  volunteers,  under  Cap 
tains  Shropshire,  Campbell,  and  Ragsdale,  and 
Major  Pyron  and  Lieut.  Bradford's  commands 
were  withdrawn  to  the  right.  Major  Lockridge 
called  my  attention  to  the  gun,  which  had  been 
partly  disabled  and  silenced  on  our  left  at  the 
foot  of  the  Mesa,  where  it  had  been  placed  in  an 
endeavor  to  disable  the  enemy's  battery  on  the 
west  bank  of  the  river.  I  ordered  company  B, 
Fourth  regiment,  Captain  Scarborough,  to  the 
rescue,  and  with  part  of  that  company  under 
their  captain  and  Sergeant  Nelson,  of  company 
H,  Fourth  regiment,  Captain  Alexander,  and 
some  of  that  company,  I  succeeded  in  drawing 
the  gun  by  hand  from  it  perilous  position,  amid 
the  hottest  cannonading  on  that  part  of  the  field, 
losing  only  one  man  killed  and  a  few  wounded. 

The  horses  of  this  gun  had  nearly  all  been 
killed  by  the  enemy's  artillery.  This  gun  was 
then  used  by  three  of  Lieut.  Riley's  company, 
assisted  by  a  few  others,  until  I  ordered  the  fire 
discontinued,  for  want  of  gunners,  leaving  it 
double-shotted  to  await  an  anticipated  charge  of 
the  enemy.  The  enemy  threatened  us  in  such 
great  numbers,  and  their  fire  was  so  heavy,  that 
Major  Lockridge  and  myself  each  sent  messen 
gers  to  Colonel  Green  for  reinforcements,  failing 
to  get  which,  Major  Lockridge  deemed  't  prudent 
to  fall  back  to  a  sand-bank,  about  one  hundred 
yards  in  our  rear,  which  was  done  by  companies, 
after  the  artillery  and  the  wounded  had  been  re 
moved.  This  gave  us  a  better  position,  as  the 
ground  was  somewhat  broken  in  front. 

The  section  of  Teel's  artillery  was  now  with 
drawn  to  the  right,  leaving  only  one  howitzer 


DOCUMENTS. 


473 


under  Lieut.  Wood,  who  had  arrived  at  our  new 
position.  Lieut. -Colonel  Sutton  now  arrived  on 
the  field,  approaching  in  our  rear,  when  a  mes 
senger  was  despatched,  asking  that  he  be  ordered 
to  remain  by  us. 

He  soon  marched  up  to  the  right,  and  then  re 
turned.  Major  Lockridge  now  told  me  that  we 
were  to  move  up  and  join  the  forces  on  the  right, 
for  a  charge,  that  he  would  cover  any  movement 
to  get  my  horses  which  were  on  the  left  and  rear. 
Ordering  the  companies  of  the  Fourth  regiment 
to  horse,  I  soon  marched  up  on  the  right,  in  the 
rear  of  the  rest  of  the  command,  dismounted, 
and  ordering  the  companies  then  with  me,  under 
Captains  Buckholt,  Harvell,  and  Alexander,  of 
the  Fourth,  and  Captain  Ragsdale,  of  the  Fifth, 
into  line  to  advance. 

Colonel  Green  rode  up  and  ordered  me  to  re 
serve  my  command  for  a  charge  as  cavalry.  No 
sooner  were  we  mounted,  than  an  order  came  by 
Major  Pyron  to  move  down  to  the  left,  and  men 
ace  the  enemy  now  flanking  us  in  large  force. 
Marching  down  to  within  six  hundred  yards,  I 
dismounted  my  command  under  cover,  when  I 
was  joined  by  Captain  Scarborough,  of  the  Fourth, 
and  received  an  order  through  Captain  Dwyer  to 
charge  the  enemy. 

Aligning  in  single  rank,  I  charged  to  within 
about  one  hundred  yards  of  the  enemy's  lines, 
composed  of  infantry,  supported  by  cavalry  on 
each  flank  and  in  the  rear,  and  by  artillery  on 
their  right,  when,  looking  back,  I  saw  great  con 
fusion  from  the  wounded  and  falling  horses,  for 
we  had  aligned  and  advanced  under  the  heavy 
fire  of  their  infantry  and  artillery.  I  thought  we 
could  not  break  their  lines,  and  ordered  my  com 
mand  to  fall  back,  and  rally  at  the  sand-bank 
which  we  had  left  on  our  rear  and  left.  When  I 
had  arrived  at  the  sand-bank,  I  found  that  most 
of  my  command  had  passed  it  for  some  others 
still  on  their  left,  and  that  the  position  was  un 
tenable,  as  the  enemy's  artillery  now  raked  it. 
I  ordered  those  there  to  follow  those  yet  in  ad 
vance,  and,  rallying,  we  could  return.  Finding 
Lieutenant  Wood  with  one  howitzer,  uselessly  ex 
posed  under  the  enemy's  fire,  I  ordered  him  to  a 
position  between  the  enemy  and  the  train,  to 
protect  it  as  well  as  he  could,  and,  ordering  such 
of  my  command  as  I  met  to  join  in  the  action  on 
the  right,  I  galloped  down,  then  too  late,  however, 
to  participate  in  that  brilliant  charge  which  gave 
us  the  victory. 

A  few  moments  after  reaching  the  river-bank, 
Lieut. -Colonel  Scurry  asked  permission  of  Colonel 
Green  to  cross  and  pursue  the  enemy  with  some 
fresh  companies  that  had  just  come  up,  which 
permission  being  granted,  I  joined  with  my  com 
mand,  who  were  present,  and,  as  the  head  of  our 
column  gained  the  opposite  shore  we  were  ordered 
back.  Shortly  after  the  arrival  of  the  flag  of 
truce  ended  the  battle  of  Valverde  after  sunset. 
During  the  entire  day  my  position  on  the  left  was 
under  a  constant  fire  of  the  enemy's  heaviest  ar 
tillery  and  their  small  arms,  whose  longer  range 
enabled  them  to  keep  out  of  our  small  arm  range. 


When  they  threatened  an  advance,  and  would 
reach  our  aim,  they  were  repulsed. 

The  gallant  Major  Lockridge,  of  the  Fifth, 
whilst  in  command  of  the  left,  won  the  admira 
tion  of  all  who  saw  him,  and  whose  regrets  are 
now  mingled  with  those  of  his  other  friends  at 
his  death.  The  brave  Harvell,  of  this  command, 
who  fell  in  the  charge  he  had  so  impatiently 
waited  for,  added  another  to  the  list  of  our  gnl- 
lant  dead  at  Valverde.  For  the  officers  and  pri 
vates  whom  I  had  the  honor  to  command  on  that 
day,  I  can  well  say  that  they  have  never  faltered 
in  their  dangerous  duty  ;  and  for  those,  less  than 
two  hundred,  whom  I  led  to  the  charge,  against 
more  than  eight  times  their  numbers,  together 
with  artillery,  the  recital  of  the  act  is  their  praise. 
This  charge,  though  at  the  cost  of  nearly  one  fifth 
the  men  and  horses  in  killed  and  wounded,  suc 
ceeded  in  checking  the  flank  movement  of  the 
enemy  in  time  to  enable  the  charge  which  won 
the  day  to  be  made. 

Very  respectfully  your  obedient  servant, 
HENRY  W.  RAGNET, 

Major  Fourth  Regiment  T.  M.  V. 

REPORT  OP  MAJOR   C.   S.  PYRON. 

SOCORO,  NEW-MEXICO,  February  27, 1862. 

Major  A.  M.  Jackson,  Assistant  Adjutant- Gene 
ral,  Army  of  New-Mexico : 
MAJOR  :  On  the  morning  of  the  twenty-first  in 
stant,  I  left  our  camp  opposite  Fort  Craig,  with 
one  hundred  and  eighty  men  of  my  company, 
under  Captains  Walker  and  Stafford,  Lieutenant 
Nicholson,  of  Captain  Crosswood's  spy  company, 
and  Lieutenant  Jett,  company  B,  Second  regi 
ment  mounted  volunteers,  to  reconnoitre  the 
road  leading  to  the  river  near  Valverde.  Upon 
reaching  the  river,  I  could  see  the  water  with 
none  of  the  enemy  intervening.  I  immediately 
despatched  a  note  to  the  general  commanding, 
stating  the  road  was  clear  and  the  water  in  sight, 
and  proceeded  leisurely  to  the  river  to  water  our 
horses,  they  having  been  over  twenty-four  hours 
without  water. 

When  I  reached  the  woods  I  discovered  a  body 
of  cavalry  which  I  supposed  to  be  about  four 
companies,  and  immediately  gave  chase,  they 
withdrawing  to  my  left.  I  followed,  until  reach 
ing  the  bank  of  a  slough  in  the  bottom,  when  I 
found  myself  in  front  of  a  large  force  of  all  arms. 
Immediately  my  men  were  formed  along  the 
bank,  when  the  action  commenced,  and  for  over 
one  hour,  by  the  courage  and  determination  of 
the  men,  I  was  enabled  to  maintain  the  position 
in  the  unequal  struggle,  when  I  was  relieved  by 
the  Fourth  Texas  mounted  volunteers,  under  the 
command  of  Lieut. -Gfolonel  W.  R.  Scurry. 

For  near  two  hours,  our  joint  commands  held 
opposition  against  odds  of  three  to  one,  check 
ing  every  attempt  to  outflank  us,  and  checking 
every  effort  to  drive  us  back.  The  arrival  of 
Teel's  battery  of  artillery  was  the  first  reenforce- 
ment  we  received,  but  it  was  soon  followed  by 
Major  Lockridge' s  battalion  of  the  Fifth  regiment 
Texas  mounted  volunteers,  and,  at  about  on« 


474 


REBELLION  RECORD,  1862-63. 


o'clock,  Colonel  Green  reached  the  field  and  took 
command. 

Late  in  the  afternoon,  a  general  charge  was 
made  along  our  line,  by  which  a  battery  of  ar 
tillery,  consisting  of  six  guns,  was  taken,  and 
their  left  driven  back. 

Following  rapidly  up  our  successes,  the  enemy 
were  driven  back  at  all  points,  and  the  field  of 
Valverde  was  won. 

It  is  proper  to  state  that  all  the  officers  and 
men  of  my  command  behaved  in  the  most  gal 
lant  manner,  and,  where  all  were  equally  brave, 
it  would  be  invidious  to  particularize.  It  is  suffi 
cient  to  say  that  it  was  a  day  on  which  deeds  of 
personal  valor  were  continually  occurring. 

I  cannot  consent  to  close  this  report  without 
bearing  my  testimony  to  the  gallant  bearing  and 
personal  valor  of  Colonels  Green,  Scurry,  and 
Sutton,  and  Majors  Ragnet  and  Lockridge,  and 
others  equally  courageous. 

I  have  the  honor  to  be,  sir, 

Yours  most  respectfully, 
C.  S.  PYRON, 

Major  Second  Texas  Mounted  Rangers. 

R.  J.  0.  GRADY, 

Sergeant-Major  and  Acting  Adjutant 

REPORT  OP  CAPTAIN  POWHATAN  JORDAN. 

IN  CAMP  NEAR  SOCORO,  N.  M.,  ) 
February  27,  1S62.  J 

General  S.  F.  Sibley,  C,  S.  A.  : 

GENERAL  :  I  have  the  honor  to  report  the  First 
battalion  of  Seventh  regiment  Texas  mounted 
volunteers  in  the  battle  of  Valverde,  N.  M.,  on 
the  twenty-first  of  February.  The  First  battal 
ion  Seventh  regiment,  under  command  of  Lieu 
tenant-Colonel  J.  S.  Sutton,  with  companies  C 
and  H,  of  the  Fifth  regiment,  were  detailed,  as  a 
guard  for  the  transportation,  on  the  morning  of 
the  twenty-first.  Before  the  train  had  gotten 
fairly  out  of  camp,  we  were  apprised  of  the  fight 
having  commenced  at  Valverde  crossing  of  the 
Rio  Grande  by  hearing  the  sullen  roar  of  cannon. 

The  train  being  in  danger  of  attack,  we  were 
kept  in  position  as  the  guard,  and  all  thought  for 
a  time,  the  Seventh  would  have  no  share  in  the 
conflict,  but,  in  about  two  hours  after  the  com 
mencement  of  the  battle,  an  officer  appeared  with 
the  order  for  us  to  move  on  to  the  battle-field. 

Colonel  Sutton  detached,  from  his  command, 
companies  A  and  F,  of  the  Seventh,  and  company 
C,  of  the  Fifth,  to  remain,  and  then  gave  the  or 
der  to  forward,  when  the  remainder  of  his  com 
mand,  consisting  of  companies  B,  F,  and  I,  of 
the  Seventh,  and  F,  of  the  Fifth,  moved  on  to  the 
scene  of  action.  We  went  in  a  gallop  and  were 
met  on  the  field  by  Major  Lockridge,  who  or 
dered  us  to  take  position  on  the  left.  We  were 
here  held  for  some  hour  or  more,  running  the 
gauntlet  by  countermarch  under  a  most  galling 
and  destructive  fire  from  their  batteries.  AVhile 
in  this  position,  we  lost  two  men  and  some  three 
horses  killed.  The  battle  having  now  continued 
several  hours,  the  charge  was  ordered,  and  the 
Seventh  was  most  gallantly  led  in  the  charge 
by  Lieutenant-Colonel  Sutton,  who  fell  mortally 


wounded  when  within  twenty  paces  of  the  ene 
my's  battery. 

The  battle  was  now  soon  ended,  and  victory 
was  ours,  though  purchased,  by  the  Seventh, 
with  the  death  of  the  heroic  Sutton. 

The  Seventh  done  its  duty  bravely,  nobly,  all 
acting  gallantly.  To  make  mention  of  individ 
uals  would  be  unjust.  They  all  shared  equally 
the  dangers  of  the  field,  and  all  deserve  equal 
praise. 

To  Captain  Prigin  and  his  company,  II,  of  the 
Sixth,  who  acted  with  our  command,  we  must 
give  great  credit  for  their  coolness  and  gallantry, 
and  wish  himself  and  company  to  share  with  us 
whatever  credit  may  fall  to  our  command. 

Accompanying  is  the  list  of  killed  and  wound 
ed,  together  with  the  horses  killed  in  the  battle, 
as  furnished  me  by  captains  of  companies. 

I  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servant, 

POWHATAN  JORDAN, 

Captain  Commanding  First  Battalion  Seventh  Regiment  T.  M.  T. 

REPORT  OF  CAPTAIN  T.  T.  TEEL. 

CAMP  LOCKRIDGE,  N.  M.,  ) 
February  27,  1862.       j 

Major  A.  M.  Jackson,  Assistant  Adjutant- Gen 
eral  0.  S.  A.  : 

SIR  :  I  have  the  honor  to  report  to  the  General 
commanding  the  army  of  New  Mexico  the  opera 
tion  of  the  light  battery,  which  I  had  the  honor 
to  command,  in  the  battle  of  Valverde,  New-Mex 
ico,  on  the  twenty-first  day  of  February,  1802. 

I  received  orders  on  the  morning  of  the  twen 
ty-first,  at  camp,  five  miles  below  the  battle 
ground,  and  opposite  Fort  Craig,  to  detach  one 
section  of  the  battery  under  Lieutenant  Brad 
ford,  to  march  in  the  front  of  the  column  and 
head  of  the  train  to  Valverde,  and  place  the  other 
section  and  remain  myself  in  rear  with  the  Sec 
ond  regiment  of  Sibley's  brigade,  which  orders 
were  executed. 

About  an  hour  after  the  head  of  the  column 
had  moved,  I  received  intelligence  that  a  large 
body  of  the  enemy's  cavalry,  infantry,  and  ar 
tillery  had  taken  up  the  line  of  march  for  Val 
verde. 

I  then  placed  the  section  of  the  battery  in  com 
mand  of  Lieutenants  Bennett  and  McGinness, 
and  went  to  the  head  of  the  column ;  before 
reaching  the  head  of  the  train,  I  heard  the  firing 
of  the  advance  at  Valverde. 

I  found  Lieutenant  Bradford,  with  his  section, 
at  the  head  of  the  train,  and  ordered  the  pieces 
to  the  place  of  firing  at  a  gallop,  and  in  a  few 
minutes  it  was  placed  in  battery,  about  the  cen 
tre  of  Lieutenant- Colonel's  Scurry's  regiment, 
and  commenced  firing  upon  the  battery  of  the 
enemy  and  his  line  in  a  few  minutes.  I  lost  one 
man  killed,  and  two  wounded,  which  left  but  five 
cannoneers  to  man  the  two  pieces.  I  then  kept 
up  the  fire  alternately  with  the  pieces.  Finding 
it  impossible  to  use  the  pieces  with  steady  and 
effective  fire,  I  called  upon  Lieutenant-Colonel 
Scurry  for  men  to  fill  up  the  detachments  of  the 
guns,  which  were  immediately  sent  from  Lieu- 


DOCUMENTS. 


475 


tenant  Riley's  company  of  howitzers.  After  sus- 
taing  the  action  for  some  time,  the  enemy  changed 
his  front.  I  then  placed  the  section  in  another 
position. 

Lieutenants  Bennett  and  McGuinness,  having 
by  this  time  reached  our  line,  I  ordered  them  to 
place  their  section  in  battery,  which  they  did, 
and  opened  upon  the  enemy  with  good  effect. 

From  the  great  length  of  the  enemy's  line,  and 
his  superior  number,  I  found  it  necessary  to  de 
tach  the  pieces.  Lieutenant  Bradford  was  sent 
to  the  extreme  left  flank  with  his  piece,  to  sup 
port  Majors  Lookridge  and  Pyron's  commands, 
which  had  been  engaged  with  the  enemy  for 
more  than  an  hour.  Lieutenant  McGuinness, 
with  his  gun,  on  the  right  of  Major  Lockridge's 
battalion.  Lieutenant  Bennett,  at  the  centre  of 
the  right  flank,  and  the  other  piece  at  the  ex 
treme  right  flank.  Lieutenant  Riley,  with  his 
battery  of  howitzers,  with  the  left  wing,  and 
Lieutenant  Woods,  with  his  battery  of  howitzers, 
on  the  right  wing.  The  different  pieces  and  how 
itzers  changed  positions,  however,  during  the  ac 
tion,  as  circumstances  required,  and  were  used 
with  effect  whenever  the  enemy  presented  a 
front,  or  his  battery  in  view. 

Having  received  orders  that  our  troops  were 
about  to  charge  the  enemy,  I  placed  the  guns  in 
battery  upon  the  extreme  right  flank  as  a  reserve, 
in  case  the  charge  was  unsuccessful,  so  that  I 
could  open  the  line  of  the  enemy  with  raking 
shots,  or  engage  his  battery  until  our  troops 
would  prevent  my  firing  by  their  closing  with 
the  enemy.  The  charge  was  made  by  our  line, 
and  in  eight  minutes  his  battery  captured  and 
his  troops  completely  routed.  Lieutenant  Ochil- 
tree,  Aid-de-Camp,  rode  back  and  ordered  the 
guns  forward,  which  order  was  executed,  and 
soon  the  enemy's  guns,  as  well  as  'ours,  were 
opened  on  his  retreating  forces.  Firing  was  kept 
up  from  our  guns  until  the  enemy's  rear  was  out 
of  range  of  them ;  I  then  ordered  the  firing  to 
cease. 

I  lost  four  men  killed,  including  two  which 
died  the  day  after  the  battle,  and  six  wounded ; 
twenty-five  horses  killed  and  wounded,  one  gun 
partially  disabled,  and  eight  sets  of  harness  ren 
dered  unserviceable.  I  refer,  with  great  pleas 
ure,  to  the  gallant  conduct  of  Lieutenants  Ben 
nett,  McGuinness,  and  Bradford,  of  my  company, 
as  well  as  Lieutenants  Riley,  Woods,  Ragnet, 
and  Falcrod,  of  the  batteries  of  howitzers,  also 
of  the  non-commissioned  officers  and  privates  of 
all  the  batteries. 

I  cannot  close  my  report  without  bearing  tes 
timony  to  the  bravery  and  coolness  of  the  offi 
cers  under  whom  I  acted  during  this  sanguinary 
and  well-contested  battle.  Colonel  Green,  and 
especially  Lieutenant-Colonel  Scurry,  who  so 
promptly  manned  my  guns  from  his  regiment, 
(the  First,)  and  who  was  present  with  my  guns 
under  the  heavy  fire  in  the  morning,  and  whose 
voice  was  heard  above  the  din  of  battle,  and 
smoke,  and  flame,  and  death,  encouraging  the 
men  to  stand  by  their  posts.  Also  the  lamented 
Lockridge;  Major  Jackson,  Assistant  Adjutant- 


General;  Maj or  Brownrigg,  Brigade  Commissary; 
Lieutenant-Colonel  McNeil,  and  Lieutenant  Ochil- 
tree,  Aid-de-Camp,  who  were  rallying  the  men  to 
the  charge,  and  were  in  the  line  leading  on  the 
troops  ;  also  Captain  Dwyer,  of  the  staff,  Colonel 
Roberts,  and  Major  Ragnet.  Also  the  deep  obliga 
tions  I  am  under  to  Lieutenant-Colonel  Scurry, 
and  Captain  Scarborough  and  his  company,  who 
hauled  out  a  disabled  piece  by  hand  under  a  hot 
fire ;  to  Captains  Campbell,  McPhail,  and  Kelloe, 
and  their  respective  companies,  for  the  prompt 
ness  and  willingness  with  which  they  replaced 
the  killed  and  wounded  at  my  guns ;  many  ef 
their  comrades  having  been  killed  and  wounded 
while  aiding  in  manning  the  battery  during  the 
action.  Very  respectfully, 

Your  obedient  servant, 
T.  T.  TEEL, 

Captain  Artillery. 

COL.  SCURRY'S  REPORT  OF  THE  BATTLE  OF  GLORIETTA. 
SANTA  FB,  NEW-MEXICO,  March  31, 1S62. 

To  Major  A.  M.  Jackson,  A.  A.  General,  Army 

New-Mexico : 

MAJOR  :  Late  on  the  afternoon  of  the  twenty- 
sixth,  while  encamped  at  Galistoe,  an  express 
from  Major  Pyron  arrived  with  the  information 
that  the  Major  was  engaged  in  a  sharp  conflict 
with  a  greatly  superior  force  of  the  enemy,  about 
sixteen  miles  distant,  and  urging  me  to  hasten  to 
his  relief.  The  critical  condition  of  Major  Pyron 
and  his  gallant  comrades  was  made  known  to  the 
command,  and  in  ten  minutes  the  column  was 
formed,  and  the  order  to  march  given.  Our  bag 
gage-train  was  sent  forward  under  a  guard  of  one 
hundred  men,  under  the  command  of  Lieutenant 
Taylor,  of  the  Seventh  regiment,  to  a  point  some 
six  miles  in  the  rear  of  Major  Pyron's  position ; 
the  main  command  marching  directly  across  the 
mountains  to  the  scene  of  conflict.  It  is  due  to 
the  brave  men  making  this  cold  night  march  to 
state  that,  where  the  road  over  the  mountain  was 
too  steep  for  the  horses  to  drag  the  artillery, 
they  were  unharnessed,  and  the  men  cheerfully 
pulled  it  over  the  difficulties  of  the  way  by  hand. 
About  three  o'clock  in  the  morning  we  reached 
Major  Pyron's  encampment  at  Johnson's  ranche 
in  canon  Cito.  There  had  been  an  agreed  cessa 
tion  of  hostilities  until  eight  o'clock  the  next 
morning.  Too  much  praise  cannot  be  bestowed 
upon  the  courage  of  the  officers  and  men  engaged 
in  the  affair  of  the  twenty-sixth.  As  soon  as 
daylight  enabled  me,  I  made  a  thorough  exami 
nation  of  the  ground,  and  so  formed  the  troops 
as  to  command  every  approach  to  the  position 
we  occupied,  which  was  naturally  a  very  strong 
one.  The  disposition  of  the  troops  was  soon 
completed,  and  by  eight  o'clock  were  ready  to 
receive  the  expected  attack.  In  this  position  we 
remained  until  the  next  morning.  The  enemy 
still  not  making  their  appearance,  I  concluded  to 
march  forward  and  attack  them.  Leaving  a 
small  wagon-guard,  I  marched  in  their  direction 
with  portions  of  nine  companies  of  the  Fourth  re 
giment,  under  their  respective  officers,  (Captaina 
Hampton,  Lesseure,  Foard,  Crosson,  Geiseher, 


476 


REBELLION  RECORD,  1862-63. 


Alexander,  Buckholt,  Odell,  and  Lieutenant  Hol 
land,  of  company  B,  Captain  Scarborough  being 
unwell,)  four  companies  of  the  Seventh,  under] 
Captains  Hoffman,  Gardner,  Wiggins,  and  Adair ; 
four  companies  of  the  Fifth  regiment,  under  Cap 
tains  Shannon  and  Ragsdale,  and  Lieuts.  Oaks  and 
Scott ;  three  pieces  of  artillery  under  Lieutenant 
Bradford,  together  with  Captain  Phillips's  com 
pany  of  independent  volunteers.  From  details 
and  other  causes  they  were  reduced,  until,  all 
combined,  they  did  not  number  over  six  hundred 
men  fit  for  duty.  At  about  six  miles  from  our 
camp  the  advance-guard  gave  notice  that  the  ene 
my  were  near  in  force.  I  hastened  in  front  to 
examine  their  position,  and  found  they  were  i 
about  one  mile  west  of  "Pigeon's  Ranche,"  in' 
canon  Glorietta. 

The  mounted  men  who  were  marching  in  front 
were  ordered  to  retire  slowly  to  the  rear,  dis 
mount,  and  come  into  the  action  on  foot.  The  ar 
tillery  was  pushed  forward  to  a  slight  elevation  in 
the  canon,  and  immediately  to  open  fire.  The 
infantry  were  rapidly  deployed  into  line,  extend 
ing  across  the  canon  from  a  fence  on  our  left  up 
into  the  pine  forest  on  our  right. 

About  the  time  these  dispositions  were  made, 
the  enemy  rapidly  advanced  in  separate  columns, 
both  upon  our  right  and  left.  I  despatched  Ma 
jor  Pyron  to  the  right  to  check  them  in  that  di 
rection,  and  placing  the  centre  in  command  of| 
Major  Ragnet,  I  hastened  with  the  remainder  of 
the  command  to  the  left. 

A  large  body  of  infantry,  availing  themselves 
of  a  gulch  that  ran  up  the  centre  of  an  inclosed 
field  to  our  left,  were  moving  under  its  cover 
past  our  left  flank  to  the  rear  of  our  position. 

Crossing  the  fence  on  foot,  we  advanced  over 
the  clearing  some  two  hundred  yards  under  a 
heavy  fire  from  the  foe,  and  dashed  into  the  gulch 
in  their  midst,  pistol  and  knife  in  hand.  For  a 
few  moments  a  most  desperate  and  deadly  hand- 
to-hand  conflict  raged  along  the  gulch,  when  they 
broke  before  the  steady  courage  of  our  men,  and 
fled  in  the  wildest  disorder  and  confusion. 

Major  Pyron  was  equally  successful,  and  Ma 
jor  Ragnet,  with  his  force,  charged  rapidly  down 
the  centre.  Lieutenant  Bradford,  of  the  artillery. 
had  been  wounded  and  borne  from  the  field. 
There  being  no  other  officer  of  the  artillery  pres 
ent,  three  guns  constituting  our  battery  had  been 
hastily  withdrawn  before  I  was  aware  of  it. 

Sending  to  the  rear  to  have  two  of  the  guns 
brought  back  to  the  field,  a  pause  was  made  to 
reunite  our  forces,  which  had  become  somewhat 
scattered  in  the  last  rencountre.     When  we  were 
ready  to  advance  the  enemy  had  taken  cover,  and 
it  was  impossible  to  tell  whether  their  main  body 
was  stationed  behind  a  long  adobe  wall  that  ran 
Dearly  across  the  canon,  or  had  taken  position 
behind  a  large  ledge  of  rocks  in  the  rear.     Pri-  j 
vate  W.  D.  Kirk,  of  Captain  Phillips's  company,  I 
had  taken  charge  of  one  of  the  guns,  and  Ser- 1 
geant   Patrick,    of   the    artillery,    another,    and ! 
brought  them  to  the  ground.     While  trying,  by  ' 
the  fire  of  these  two  guns,  to  ascertain  the  local-  j 
ity  of  the  enemy,  Major  Shropshire  was  sent  to  I 


the  right  with  orders  to  move  up  among  the  pinea 
until  he  should  find  the  enemy,  when  he  was  to 
attack  them  on  that  flank.  Major  Ragnet,  with 
similar  orders,  was  despatched  to  the  left.  I  in 
formed  these  gallant  officers  that  as  soon  as  the 
sound  of  their  guns  was  heard  I  would  charge  in 
front  with  the  remainder  of  the  command.  Send 
ing  Major  Pyron  to  the  assistance  of  Major  Rag- 
net,  and  leaving  instructions  for  the  centre  to 
charge  as  the  fire  opened  on  the  right,  I  passed 
in  that  direction  to  learn  the  cause  of  delay  in 
making  the  assault.  I  found  that  the  gallant 
Major  Shropshire  had  been  killed.  I  took  com 
mand  of  the  right  and  immediately  attacked  the 
enemy,  who  were  at  the  ranche.  Majors  Ragnet 
and  Pyron  opened  a  galling  fire  upon  their  left 
from  the  rock  on  the  mountain  side,  and  the  cen 
tre  charging  down  the  road,  the  foe  were  driven 
from  the  ranche  to  the  ledge  of  rocks  before  al 
luded  to,  where  they  made  their  final  and  most 
desperate  stand.  At  this  point  three  batteries 
of  eight  guns  opened  a  furious  fire  of  grape,  can 
ister,  and  shell  upon  our  advancing  troops. 

Our  brave  soldiers,  heedless  of  the  storm, 
pressed  on,  determined,  if  possible,  to  take  their 
battery.  A  heavy  body  of  infantry,  twice  our 
number,  interposed  to  save  their  guns.  Here  the 
conflict  was  terrible.  Our  men  and  officers,  alike 
inspired  with  the  unalterable  determination  to 
overcome  every  obstacle  to  the  attainment  of  their 
object,  dashed  among  them.  The  right  and  cen 
tre  had  united  on  the  left.  The  intrepid  Ragnet, 
and  the  cool,  calm,  courageous  Pyron,  had  pushed 
forward  among  the  rocks,  until  the  muz/le  of 
the  opposing  forces'  guns  passed  each  other. 
Inch  by  inch  was  the  ground  disputed,  until  the 
artillery  of  the  enemy  had  time  to  escape  with  a 
number  of  their  wagons.  The  infantry  also  broke 
ranks  and  fled  from  the  field.  So  precipitate  was 
their  flight  that  they  cut  loose  their  teams  and 
set  fire  to  two  of  their  wagons.  The  pursuit  was 
kept  up  until  forced  to  halt  from  the  extreme  ex 
haustion  of  the  men,  who  had  been  engaged  for 
six  hours  in  the  hardest  contested  fight  it  had 
ever  been  my  lot  to  witness.  The  enemy  is  now 
known  to  have  numbered  one  thousand  four  hun 
dred  men,  Pike's  Peak  miners  and  regulars,  the 
flower  of  the  United  States  army. 

During  the  action,  a  part  of  the  army  succeeded 
in  reaching  our  rear,  surprising  the  wagon-guard, 
and  burning  our  wagons,  taking  at  the  same  time 
some  sixteen  prisoners.  About  this  time  a  party 
of  prisoners,  whom  I  had  sent  to  the  rear,  reach 
ed  there,  and  informed  them  how  the  fight  was 
going  in  front,  whereupon  they  beat  a  hasty  re 
treat,  not,  however,  until  the  perpetration  of  two 
acts  which  the  most  barbarous  savage  of  the 
plains  would  blush  to  own.  One  was  the  shoot 
ing  and  dangerously  wounding  the  Rev.  L.  H. 
Jones,  chaplain  of  the  Fourth  regiment,  with  a 
white  flag  in  his  hand  ;  the  other  an  order  that 
the  prisoners  they  had  taken  be  shot  in  case  they 
were  attacked  on  their  retreat.  These  instances 
go  to  prove  that  they  have  lost  all  sense  of  hu 
manity,  in  the  insane  hatred  they  bear  to  the 
citizens  of  the  Confederacy,  who  have  the  manli- 


DOCUMENTS. 


477 


ness  to  arm  in  defence  of  their  country's  inde 
pendence. 

We  remained  upon  the  battle-field  during  th< 
day  of  the  twenty  ninth,  to  bury  our  dead  am 
provide  for  the  comfort  of  the  wounded,  and  then 
marched  to  Santa  Fe,  to  procure  supplies  and 
transportation,  to  replace  that  destroyed  by  th 
enemy. 

Our  loss  was  thirty-six  (30)  killed,  and  sixty 
(60)  wounded.  Of  the  killed,  twenty-four  were 
of  the  Fourth  regiment,  one  of  the  Fifth  regiment 
eight  of  the  Seventh  regiment,  and  one  of  the  ar 
tillery. 

That  of  the  enemy  greatly  exceeded' this  num 
ber,  forty -four  of  their  dead  being  counted  where 
the  battle  first  opened.  Their  killed  must  have 
exceeded  considerably  over  one  hundred. 

The  country  has  to  mourn  the  loss  of  four 
as  brave  and  chivalrous  officers  as  ever  graced 
the  ranks  of  any  army.  The  gallant  Major  Shrop 
shire  fell  early,  pressing  upon  the  foe  and  cheer 
ing  his  men  on.  The  brave  and  chivalrous  Major 
Ragnet,  who  fell  mortally  wounded  while  engaged 
in  the  last  and  most  des^rate  conflict  of  the  day. 
He  survived  long  enough  to  know  and  rejoice  at 
our  victory,  and  then  d  od  with  loving  messa 
ges  upon  his  expiring  \i\\.\.  The  brave,  gallant 
Captain  Buckholt,  and  .Lieutenant  Mills,  con 
ducted  themselves  with  distinguished  gallantry 
throughout  the  fight,  and  fell  near  its  close. 
Of  the  living,  it  is  only  necessary  to  say  all  be 
haved  with  distinguished  courage  and  daring. 

This  battle  proves  conclusively  that  few  mis 
takes  were  made  in  the  selection  of  the  officers 
in  this  command.  They  were  ever  in  the  front, 
leading  their  men  into  the  hottest  of  the  fray.  It 
is  not  too  much  to  say,  that  even  in  the  midst  of 
this  heroic  band,  among  whom  instances  of  indi 
vidual  daring  and  personal  prowess  were  con 
stantly  occurring,  Major  Pyron  was  distinguished 
by  the  calm  intrepidity  of  his  bearing.  It  is  due 
to  Adjutant  Ellsbury  R.  Lane,  to  bear  testimony 
to  the  courage  and  activity  he  displayed  in  the 
discharge  of  his  official  duties,  and  to  acknow 
ledge  my  obligations  for  the  manner  in  which  he 
carried  out  my  orders. 

I  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servant, 

AY.  R.  SCURRY, 
Colonel  Commanding  A.  N.  M. 


Doc.  82. 
THE  EVACUATION  OF  COLUMBUS. 

REPORT  OF  MAJOR-GENERAL  POLK. 

HEADQUARTERS  FIRST  GRAND  DIVISION, 

ARMY  OF  THE  MISSISSIPPI,  HUMBOLDT. 
March  18,  1862. 

To  Colonel  Thomas  Jordan,  A.  G.  A.,  Jackson, 

Tennessee : 

ON  the  day  of  the  evacuation  of  Columbus  I 
telegraphed  General  Beauregard.  It  was  accom 
plished,  and  I  avail  myself  of  the  first  leisure  I 
Lave  had  to  submit  my  official  report.  Upon  re 
ceipt  of  instructions  from  the  AA'ar  department, 
through  General  Beauregard,  "to  evacuate  Co- 
S.  D.  31. 


lumbus,  and  select  a  defensive  position  below,"  ] 
proceeded  to  arrange  and  organize  a  plan  for  the 
accomplishment  of  that  object,  and  to  execute  it 
with  as  much  celerity  as  the  safety  of  my  com 
mand  and  the  security  of  the  public  property  at 
risk  would  allow.  The  position  below  offering 
most  advantages  for  defensive  works,  and  which 
it  was  agreed  to  adopt,  was  that  embracing  Island 
No.  Ten,  the  main  land  in  Madrid  Bend,  on  the 
Tennessee  shore,  and  New-Madrid.  At  the  two 
latter  places,  works  had  been  thrown  up  during 
the  last  autumn,  and  measures  were  already  in 
progress  for  increasing  their  strength  by  the  con 
struction  of  heavy  batteries.  On  the  twenty- 
fifth  of  February  I  issued  orders  for  the  removal 
of  the  sick,  as  a  preparatory  step.  Orders  were 
also  issued  by  me  for  the  removal  of  the  commis 
sary  and  quartermaster's  stores,  then  the  ord 
nance  stores  of  every  description,  and  then  the 
heavy  guns.  These  orders  were  executed  prompt 
ly  and  in  the  most  satisfactory  manner. 

To  Brigadier-General  McCown  was  assigned 
the  command  of  the  river  defences,  at  the  posi 
tion  chosen.  His  division  was  ordered  thither 
on  the  twenty-seventh.  A  sufficient  number  of 
guns  having  been  placed  in  battery  to  make  that 
position  secure,  all  the  rest  of  the  troops,  except 
ing  the  cavalry,  moved  on  the  first.  General 
Stuart's  brigade  going  by  steamer  to  New-Madrid, 
:he  remainder  marching  by  land  to  Union  City, 
under  General  Chcatham.  I  remained  with  my 
staff  and  the  cavalry,  to  supervise  the  completion 
of  the  work,  until  the  following  day.  The  last 
shipment  of  articles  of  special  value  being  made, 
he  quarters  and  other  building  erected  by  our 
troops  were  consigned  to  the  flames  by  the  cav- 
Iry,  and  at  three  P.M.  myself  and  staff  followed 
our  retiring  column. 

The  enemy's  cavalry — the  first  of  his  forces  to 
irrive  after  the  evacuation — reached  Columbus 
n  the  afternoon  next  day,  twenty-four  hours 
after  the  last  of  our  troops  had  left.  In  five  days 
ve  moved  the  accumulations  of  six  months,  tak- 
ng  with  us  all  our  commissary  and  quartermas- 
,er's  stores — an  amount  sufficient  to  supply  my 
vhole  command  for  eight  months ;  all  our  pow 
der  and  other  ammunition  and  ordnance  stores, 
excepting  a  few  shot  and  gun-carriages,  and 
every  heavy  gun  in  the  Fort.  Two  thirty-  two- 
founders,  in  a  remote  outwork,  were  the  only 
valuable  guns  left,  and  these,  with  three  or  foui 
mall  and  indifferent  carronades  similarly  situat- 
d,  were  spiked  and  rendered  useless. 

The  whole  number  of  pieces  of  artillery  com- 
>osing  our  armament  was  one  hundred  and  forty. 
Respectfully,  your  obedient  servant, 

L.  POLK, 

Major-General  Commanding. 


Doc.  83. 
THE  DISMISSAL   OF  MAJOR  KEY. 

THE  following  is  an  exact  copy  of  the  record 
upon  which  Major  John  J.  Key  was  dismissed 
>om  the  military  service  of  the  United  States : 


478 


REBELLION  RECORD,    1862-63. 


EXECUTIVE  MANSION,  WASHINGTON,  > 
Scpteinl  er  26,  1S62.  )" 

Major  John  J.  Key : 

SIR  :  I  am  informed  that  in  arswer  to  the  ques 
tion,  "  Why  was  not  the  rebel  jsrmy  bagged  im 
mediately  after  the  battle  near  Sharpsburgh  ?" 
propounded  to  you  by  Major  Levi  C.  Turner, 
Judge-Advocate,  etc.,  you  answered:  "That  is 
not  the  game.  The  object  is,  that  neither  army 
shall  get  much  advantage  of  the  other ;  that  both 
shall  be  kept  in  the  field  till  they  are  exhaust 
ed,  when  we  will  make  a  compromise  and  save 
slavery." 

I  shall  be  very  happy  if  you  will,  within  twen 
ty-four  hours  from  the  receipt  of  this,  prove  to 
me  by  Major  Turner  that  you  did  not,  either 
literally  or  in  substance,  make  the  answer  stated. 
Yours,  A.  LINCOLN. 

Indorsed  as  follows: 

Copy  delivered  to  Major  Key  at  twenty-five 
minutes  past  ten  A.M.,  September  twenty-seventh, 
1862.  JOHN  HAY. 

At  about  eleven  o'clock  A.M.,  September  twen 
ty-seventh,  1862,  Major  Key  and  Major  Turner 
appeared  before  me.  Major  Turner  says:  "As  I 
remember  it,  the  conversation  was :  I  asked  the 
question,  Why  we  did  not  bag  them  after  the 
battle  of  Sharpsburgh  ?  Major  Key's  reply  was, 
That  was  not  the  game ;  that  we  should  tire  the 
rebels  out  and  ourselves ;  that  that  was  the  only 
way  the  Union  could  be  preserved ;  we  come  to 
gether  fraternally,  and  slavery  be  saved."  On 
cross-examination,  Major  Turner  says  he  has  fre 
quently  heard  Major  Key  converse  in  regard  to 
the  present  troubles,  and  never  heard  him  utter 
a  sentiment  unfavorable  to  the  maintenance  of 
the  Union.  He  has  never  uttered  any  thing 
which  he,  Major  T.,  would  call  disloyalty.  The 
particular  conversation  detailed  was  a  private 
one.  A.  LINCOLN. 

Indorsed  on  the  above : 

In  my  view  it  is  wholly  inadmissible  for  any 
gentleman  holding  a  military  commission  from 
the  United  States  to  utter  such  sentiments  as 
Major  Key  is  within  proved  to  have  done.  There 
fore,  let  Major  John  J.  Key  be  forthwith  dis 
missed  from  the  military  service  of  the  United 
States.  A.  LINCOLN. 

The  foregoing  is  the  whole  record,  except  the 
simple  order  of  the  dismissal  at  the  War  Depart 
ment. 

At  the  interview  of  Major  Key  and  Major  Tur 
ner  with  the  President,  Major  Key  did  not  at 
tempt  to  controvert  the  statement  of  Major  Tur 
ner,  but  simply  insisted  and  sought  to  prove  that 
he  was  true  to  the  Union.  The  substance  of  the 
President's  reply  was,  that  if  there  was  a  "  game," 
even  among  Union  men,  to  have  our  army  not 
take  an  advantage  of  the  enemy  when  it  could, 
It  was  his  object  to  break  up  that  game. 


Doc.    84. 
BATTLE   OF   PITTSBURGH   LANDING. 

BEAUREGARD'S  ORDERS  AS  TO  A  MOVEMENT  OF  TROOPS.* 

HEADQUARTERS  ARMY  OF  THE  MISSISSIPPI,  | 
CORINTH,  Miss.,  April  3,  1862.  j 

To  General  8.  Cooper,  Adjutant  and  Inspector- 
General,  Richmond  : 
SPECIAL  ORDERS,  No.  8. 

I.  In  the  impending  movements,  the  corps  of 
this  army  will  march,  assemble,  and  take  order 
of  battle  in  the  following  manner,  it  being  pre 
sumed  that  the  enemy  is  in  position  about  a  mile 
in  advance  of  Shiloh  Church,  with  the  right 
resting  on  Owl  Creek,  and  his  left  on  Lick  Creek  : 

1.  The  third  corps,  under  Major-General  liar- 
dee,  will  advance  as  soon  as  practicable  on  the 
Ridge  road  from  Corinth  to  what  is  called  the 
Bark  road,  passing  about  half  a  mile  north-west 
of  the  workhouse.     The  head  of  the  column  will 
bivouac,  if  possible,  at  Meckey's  house,  at  the 
intersection  of  the  road  from  Monterey  to  Sa 
vannah. 

The  cavalry,  thrown  well  forward  during  the 
march,  will  reconnoitre  and  prevent  surprise,  will 
halt  in  front  of  the  Meckey  House  on  the  Bark 
road. 

2.  Major  Waddell,  A.  D.  C.  to  General  Beau- 
regard,  with  two  good  guides,  will  report  for  ser 
vice  to  Major-Gen eral  Hardee. 

3.  At  three  o'clock  A.M.,  to-  morrow,  the  third 
corps,  with  the  left  in  front,  will  continue  to  ad 
vance  by  the  Bark  road  until  within  sight  of  the 
enemy's  out-posts,  on  advanced  positions,  when 
it  will  be  deployed  in  line  of  battle,  according  to 
the  nature  of  the  ground,  its  left  resting  on  Owl 
Creek,  its  right  towards  Lick  Creek,  supported  on 
that  flank  by  half  of  its  cavalry.     The  left  flank 
being  supported  by  the  other  half.     The  interval 
between  the  extreme  right  of  this  corps  and  Lick 
Creek,  will  be  filled  with  a  brigade  or  division, 
according  to  the  extent  of  the  ground,  from  the 
Second  corps.     These  troops,  during  the  battle, 
will  also  be  under  the  command  of  Major-General 
Hardee. 

He  will  make  the  proper  disposition  of  the 
artillery  along  the  line  of  battle,  remembering 
that  the  rifle-guns  are  of  long  ranges,  and  should 
be  placed  in  very  commanding  positions  in  rear 
of  the  infantry,  to  fire  mainly  on  the  reserves 
and  second  line  of  the  enemy,  but  occasionally 
will  be  divided  on  his  batteries  and  heads  of 
columns. 

II.  The  second  corps,  under  Major-General 
Braxton  Bragg,  will  assemble  at  Monterey,  and 
move  thence  as  early  as  practicable  ;  the  right 
wing  with  left  in  front,  by  the  road  from  Mon 
terey  to  Savannah  ;  the  head  of  the  column  to 
reach  the  vicinity  of  Meckey's  house,  at  the  in 
tersection  of  the  Bark  road,  before  sunset.  The 
cavalry  with  this  wing  will  take  possession  on 
the  road  to  Savannah,  beyond  Meckey's,  as  far  as 
Owl  Creek,  having  advanced-guards  and  pickets 
with  the  front,  The  left  wing  of  this  corps  will 
advance  at  the  same  time,  also  left  in  front,  by 
*  See  page  881  Docs.  Vol.  IV.  REBELLION  RJOCOJUX 


DOCUMENTS. 


479 


the  road  from  Monterey  to  Purdy  ;  the  head  of 
the  column  to  reach  by  night  the  intersection  of 
that  road  with  the  Bark  road.  This  wing  will 
continue  ti..e  movement  in  the  morning  as  soon 
as  the  rear  of  the  Third  corps  shall  have  passed 
the  Purdy  road,  which  it  will  then  follow. 

The  Second  corps  will  form  the  second  line  of 
battle,  about  one  thousand  yards  in  rear  of  first 
line.  It  will  be  formed,  if  practicable,  with  regi 
ments  in  double  columns  at  half  distance,  dis 
posed  as  advantageously  as  the  nature  of  the 
ground  will  admit,  and  with  a  view  to  facility  of 
development.  The  artillery  placed  as  may  seem 
best  to  Major-General  Bragg, 

III.  The  First  corps,  under  Major-General  Polk, 
with  the  exception  of  the  detached  divisions  at 
Bethel,  will  take  up  its  line  of  march  by  Ridge 
road,  hence  to  Pittsburgh,  half  an  hour  after  the 
rear  of  the  Third  corps  shall  have  passed  Corinth, 
and  will  bivouac  to-night   in   the  rear   of  that 
corps,  and  to-morrow  will  follow  the  movements 
of  that  corps,  with  the  same  interval  of  time  as 
to-day.     When  the  head  of  column  shall  have 
reached  the  vicinity  of  the  Meckey  House,  it  will 
be  halted  in  column,  or  massed  on  the  line  of  the 
Bark  road,  according  to  the  nature  of  the  ground, 
as  a  reserve.     Meanwhile,   one   regiment  of  its 
cavalry  will  be  placed  in  observation  on  the  road 
from  Johnston's  House  to  Stantonville.    Another 
regiment  or  battalion  of  cavalry  will  be  posted  in 
the  same  manner  on  the  road  from  Monterey  to 
Purdy,  with  the  rear  resting  on  or  about  the  in 
tersection  of  that  road  with  the  Bark  road,  hav 
ing  advanced-guards  and  pickets  in  the  direction 
of  Purdy. 

The  forces  at  Bethel  and  Purdy  will  defend 
their  positions  as  already  instructed,  if  attacked, 
otherwise  they  will  assemble  on  Purdy,  and  thence 
advance,  with  advanced-guards,  flankers,  and  all 
other  prescribed  military  precautions,  by  the  road 
thence  to  Monterey,  forming  a  junction  with  the 
rest  of  the  First  corps,  at  the  intersection  of  that 
road  with  the  Bark  road,  leading  to  Corinth. 

IV.  The  reserve  of  the  forces  will  be  concen 
trated,  by  the  shortest  and  best  routes,  at  Mon 
terey  as  soon  as  the  rear  of  the  Second  corps 
shall  have  moved  out  of  that  place.     Its  com 
mander  will  take  up  the  best  position  whence  to 
advance  as  required,   either  in  the  direction  of 
Meckey' s  or  of  Pratt' s  house,  on  the  direct  road 
to  Pittsburgh,  if  that  road  is  found  practicable, 
or  in  the  direction  of  the  Ridge  road  to   Ham 
burgh,  throwing  all  its  cavalry  on  the  latter  road, 
as  far  as  its  intersection  with  the  one  to  Pitts 
burgh,  passing  through  Grierford  or  Lick  Creek. 

This  cavalry  will  throw  well  forward  advanced- 
guards  and  videttes  toward  Grierfield,  and  in  the 
direction  of  Hamburgh,  and  during  the  impend 
ing  battle,  when  called  to  the  field  of  combat, 
will  move  by  the  Grierfield  road. 

A  regiment  of  the  infantry  reserve  will  be 
thrown  forward  to  the  intersection  of  the  Grand 
Hill  road  to  Hamburgh,  as  a  support  to  the  cav 
alry. 

The  reserve  will  be  formed  of  Breckinridge's, 
Bo  wen's,  and  Salhem's  brigades,  as  now  organ 


ized,  the  whole  under  Brigadier-General  Breck- 
inridge. 

V.  General  Bragg  will  detach  the  Fifty-first 
and  Fifty-second  regiments  of  Tennessee  volun 
teers,  Blount's  Alabama,  and  Desha's  Arkansas 
battalions,   and  Bain's  battery  from  his  corps, 
which,  with  two  of  Carroll's  regiments,  now  en 
route  for  the  headquarters,  will  form  a  garrison 
for  the  post  and  depot  at  Corinth. 

VI.  Strong  guards  will  be  left  on  the  railroad 
bridges  between  luka  and  Corinth,  to  be  furnish 
ed  in  due  proportion  from  the  commands  of  luka, 
Burnsville,  and  Corinth. 

VII.  Proper  guards  will  be  left  at  the  camps 
of  the  several  regiments  of  the  forces  on  the  field. 
Corps  commanders   will  determine  the  force  of 
the  guards. 

VIII.  Wharton's  regiment    of  Texas   cavalry 
will  be  ordered  forward  at  once  to  scout  on  the 
road  from  Monterey  to  Savannah,  between  Meek- 
ey's   and   its   intersection  with   the  Pittsburgh 
Purdy  road.    It  will  annoy  and  harass  any  force 
of  the  enemy  coming  that  way  to  assail  Cheat- 
ham's  division  at  Purdy. 

IX.  The  chief  engineer  of  the  forces  will  take 
all  due  measures  and  precautions,  and  give  re 
quisite  orders  for  the  repairs  of  all  the  bridges, 
causeways,  and  roads  on  which  our  army  may 
move  in  the  execution  of  their  orders. 

X.  The  troops,  individually  so  intelligent,  and 
with  such  a  grand  interest  involved  in  the  issue, 
are  urgently  enjoined  to  be  obedient  and  observ 
ant  of  the  orders  of  their  superiors  in  the  hour  of 
battle.    Their  officers  must  constantly  keep  them 
in  hand,  and  prevent  the  waste  of  ammunition 
by  heedless  firing.     The  fire  should  be  slow,  al 
ways,  at  a  distant  mark.     It  is  expected  that 
much  and  effective  work  will  be  done  with  the 
bayonet. 

By  command  of  General  A.  S.  JOHNSTON. 

THOMAS  JORDAN, 

A.  A.  General. 

(B.) 

KILLED,  WOUNDED,  AND  MISSING  IN  THE    BATTLE    OF 
SHILOH,   GENERAL    BEAUREGARD     COMMANDING. 

First  corps — Major-General  Polk ;  First  divi 
sion,  Brigadier-General  Clark  ;  First  brigade,  Col 
onel  R.  M.  Russell ;  killed,  ninety-seven ;  wound 
ed,  five  hundred  and  twelve.  Second  brigade, 
Brigadier-General  A.  P.  Stewart ;  killed,  ninety- 
three  ;  wounded,  four  hundred  and  twenty -one ; 
missing,  three.  Second  division,  Major-General 
Cheatham ;  First  brigade,  Brigadier-General  B. 
R.  Johnson  ;  killed,  one  hundred  and  twenty ; 
wounded,  six  hundred  and  seven  ;  missing,  thir 
teen.  Second  brigade,  Colonel  TV.  H.  Stephens ; 
killed,  seventy-five  ;  wounded,  four  hundred  and 
thirteen ;  missing,  three.  Total  —  killed,  three 
hundred  and  eighty-five ;  wounded,  one  thousand 
nine  hundred  and  fifty-three ;  missing,  nineteen. 

Second  Corps — General  Bragg ;  First  division, 
Brigadier-General  Ruggles  ;  First  brigade,  Colo 
nel  Gibson;  killed,  ninety-five;  wounded,  four 
hundred  and  eighty-eight ;  missing,  ninety.  Sec 
ond  brigade,  Brigadier-General  Anderson ;  killed, 


480 


REBELLION"  RECORD,  1862-63. 


sixty -seven ;  wounded,  three  hundred  and  thir 
teen;  missing,  fifty.  Third  brigade,  Colonel 
Pond ;  killed,  eighty-nine  ;  wounded,  three  hun 
dred  and  thirty-six  ;  missing,  one  hundred  and 
sixty-seven.  Second  division,  Brigadier-General 
Withers;  First  brigade,  Brigadier-General  Glad 
den  ;  killed,  one  hundred  and  twenty-nine ;  wound 
ed,  five  hundred  and  ninety-seven  ;  missing,  one 
hundred  and  three.  Second  brigade,  Brigadier- 
General  Chalmers  ;  killed,  eighty-two  ;  wounded, 
three  hundred  and  forty-three  ;  missing,  twenty- 
nine.  Third  brigade,  Brigadier-General  Jack 
son  ;  killed,  ninety-one ;  wounded,  three  hundred 
and  sixty-four;  missing,  one  hundred  and  ninety- 
four.  Total — killed,  five  hundred  and  fifty-three ; 
wounded,  two  thousand  four  hundred  and  forty- 
one  ;  missing  six  hundred  and  thirty-four. 

Third  Corps — Major-General  Harclee,  First  bri 
gade,  Brigadier-General  Hindman ;  killed,  one 
hundred  and  nine ;  wounded,  five  hundred  and 
forty-six ;  missing,  thirty-eight.  Second  brigade, 
Brigadier-General  Cleburn  ;  killed,  one  hundred 
and  eighty-eight ;  wounded,  seven  hundred  and 
ninety,  missing,  sixty-five.  Third  brigade,  Briga 
dier-General  Wood ;  killed,  one  hundred  and 
seven ;  wounded,  six  hundred  ;  missing,  thirty- 
eight  Total — Killed,  four  hundred  and  four ; 
wounded,  one  thousand  nine  hundred  and  thirty- 
six  ;  missing,  one  hundred  and  forty-one. 

Reserve  —  Major-General  Breckinridge,  First 
Kentucky  brigade,  Colonel  Trabue ;  killed,  one 
hundred  and  fifty-one  ;  wounded,  five  hundred 
and  fifty-seven ;  missing,  ninety-two.  Second 
brigade,  Brigadier-General  Bowen ;  killed,  ninety- 
eight  ;  wounded,  four  hundred  and  ninety-eight ; 
missing,  twenty-eight.  Third  brigade,  Colonel 
Statham  ;  killed,  one  hundred  and  thirty-seven  ; 
wounded,  six  hundred  and  twenty-seven  ;  miss 
ing,  forty-five.  Total — Killed,  three  hundred  and 
eighty-six  ;  wounded,  one  thousand  six  hundred 
and  eighty-two  ;  missing,  one  hundred  and  sixty- 
five. 

Recapitulation  —  Killed,  one  thousand  seven 
hundred  and  twenty-eight ;  wounded,  eight  thou 
sand  and  twelve ;  missing,  nine  hundred  and  fifty- 
nine  ;  total,  ten  thousand  six  hundred  and  ninety- 
nine. 

(C.) 

LIST  OF  FLAGS  CAPTURED  AT  THE  BATTLE  OF  SHILOH, 
NEAR  THE  TENNESSEE  RIVER,   APRIL  6,   1862. 

HEADQUARTERS  ARMY  OF  THE  MISSISSIPPI,  } 
CORINTH,  Miss,  April  28,  1362.      f 

Five  (5)  blue  silk  regimental  colors. 

Twenty  (20)  Federal  flags. 

One  (1)  garrison  flag. 

Two  (2)  guidons.  THOMAS  JORDAN, 

A.  A.  General. 

(E.) 

FIELD  RETURN  OF  THE  ARMY  OF  THE  MISSISSIPPI,  BE- 
FOP.E  AND  AFTER  THE  BATTLE  OF  SUILOH,  FOUGHT 
APRIL  SIXTH  AND  SEVENTH. 

HKADQUVRTKRS  ARMY  OF  THB  MISSISSIPPI,  } 
CORINTH,  Miss.,  April  21,  1862.      f 

Effective  total  Effective  total 
before  battle,     after  battle. 

First  Army  Corps,  Major-General  L.  Polk,..    9,136  6,779 

Second  Army  Corps,  General  I>.  Bragg, 18,589  9,961 


Third  Army  Corps,  Major-Gen.  W.  J.  Hardee,   6,789  4,609 

Reserve,  Brig.-Gen.  John  C.  Breckinridge,...   6,4:!9  4,206 

Total  infantry  and  artillery, 85,953  25,555 

Cavalry,  Brigadier-General  F.  Gardner, 4,oS2  4,»-S*. 

Grand  total, 40,o55  20,636 

Difference  ten  thousand  six  hundred  and  ninety- 
nine,  casualties  in  battle  of  Shiloh. 

The  battle-field  being  so  thickly  wooded  that 
the  cavalry  was  useless  and  could  not  operate 
at  all. 

Respectfully  submitted  and  forwarded. 

G.  T.  BEAUREGARD, 

General  Commanding  A.  M, 


Doc.  85. 

CORRESPONDENCE    BETWEEN    HORACE 
GREELEY  AND   PRESIDENT  LINCOLN. 

THE  PRAYER  OP  TWENTY  MILLIONS. 

To  Abraham  Lincoln,  President  of  the  United 

States  : 

DEAR  SIR  :  I  do  not  intrude  to  tell  you  —  for 
yon  must  know  .already  —  that  a  great  propor 
tion  of  those  who  triumphed  in  your  election, 
and  of  all  who  desire  the  unqualified  suppression 
of  the  rebellion  now  desolating  our  country,  are 
sorely  disappointed  and  deeply  pained  by  the  pol 
icy  you  seem  to  be  pursuing  with  regard  to  the 
slaves  of  rebels.  I  write  only  to  set  succinctly 
and  unmistakably  before  you  what  we  require, 
what  we  think  we  have  a  right  to  expect,  and  of 
what  we  complain. 

I.  We  require  of  you,  as  the  first  servant  of 
the  Republic,  charged  especially  and  preeminent 
ly  with  this  duty,  that  you  EXECUTE  THE  LAWS. 
Most  emphatically  do  we  demand  that  such  laws 
as  have  been  recently  enacted,  which  therefore 
may  fairly  be  presumed  to  embody  the  present 
will  and  to  be  dictated  by  the  present  needs  of 
the  Republic,  and  which,  after  due  consideration, 
have  received  your  personal  sanction,    shall  by 
you  be  carried  into  full  effect,  and  that  you  pub 
licly  and  decisively  instruct  your  subordinates 
that  such  laws  exist,  that  they  are  binding  on  all 
functionaries  and  citizens,  and  that  they  are  to 
be  obeyed  to  the  letter. 

II.  We  think   you  are   strangely  and  disas 
trously  remiss  in  the  discharge  of  your  official 
and  imperative  duty  with  regard  to  the  emanci 
pating  provisions  of  the  new  Confiscation  Act. 
Those  provisions  were  designed  to  fight  Slavery 
with  Liberty.     They  prescribe  that  men  loyal  to 
the  Union,  and  willing  to  shed  their  blood  in  her 
behalf,  shall  no  longer  be  held,  with  the  nation's 
consent,    in   bondage   to    persistent,    malignant 
traitors,  who  for  twenty  ye'ars  have  been  plotting 
and  for  sixteen  months  have  been  fighting  to  di 
vide  and  destroy  our  country.     Why  these  trai 
tors  should  be  treated  with  tenderness  by  you, 
to  the  prejudice  of  the  dearest  rights  of  loyal 
men,  we  cannot  conceive. 

III.  We  think  you  are  unduly  influenced  by 
the  councils,  the  representations,  the  menacen, 
of  certain  fossil  politicians  hailing  from  the  Bor- 


DOCUMENTS. 


481 


der  Sl.ive  States.  Knowing  well  that  the  hearti 
ly,  unconditionally  loyal  portion  of  the  white  cit 
izens  of  those  States  do  not  expect  nor  desire 
that  Slavery  shall  be  upheld  to  the  prejudice  of 
the  Union — (for  the  truth  of  which  we  appeal  not 
only  to  every  Republican  residing  in  those  States, 
but  to  such  eminent  loyalists  as  II.  Winter  Davis, 
Parson  Brownlow,  the  Union  Central  Committee 
of  Baltimore,  and  to  The  Nashrille  Union} — we 
ask  you  to  consider  that  Slavery  is  everywhere 
the  inciting  cause  and  sustaining  base  of  treason  : 
the  most  slaveholding  sections  of  Maryland  and 
Delaware  being  this  day,  though  under  the  Union 
flag,  in  full  sympathy  with  the  rebellion,  while 
the  free  labor  portions  of  Tennessee  and  of  Texas, 
though  writhing  under  the  bloody  heel  of  trea 
son,  are  unconquerably  loyal  to  the  Union.  So 
emphatically  is  this  the  case,  that  a  most  intelli 
gent  .Union  banker  of  Baltimore  recently  avowed 
his  confident  belief  that  a  majority  of  the  present 
Legislature  of  Maryland,  though  elected  as  and 
still  professing  to  be  Unionists,  are  at  heart  de 
sirous  of  the  triumph  of  the  Jeff  Davis  conspir 
acy  ;  and  when  asked  how  they  could  be  won  back 
to  loyalty,  replied — u  Only  by  the  complete  Abo 
lition  of  Slavery."  It  seems  to  us  the  most  ob 
vious  truth,  that  whatever  strengthens  or  forti 
fies  Slavery  in  the  Border  States  strengthens  also 
treason,  and  drives  home  the  wedge  intended  to 
divide  the  Union.  Had  )rou,  from  the  first,  re 
fused  to  recognize  in  those  States,  as  here,  any 
other  than  unconditional  loyalty  —  that  which 
stands  for  the  Union,  whatever  may  become  of 
Slavery  —  those  States  wrould  have  been,  and 
would  be,  far  more  helpful  and  less  troublesome 
to  the  defenders  of  the  Union  than  they  have 
been,  or  now  are. 

IV.  We  think  timid  counsels  in  such  a  crisis 
calculated  to  prove  perilous,  and  probably  disas 
trous.     It  is  the  duty  of  a  Government  so  wan 
tonly,  wickedly  assailed  by  rebellion  as  ours  has 
been,  to  oppose  force  to  force  in  a  defiant,  daunt 
less  spirit.     It  cannot  afford  to  temporize  with 
traitors,    nor  with    semi-traitors.       It  must  not 
bribe  them  to  behave  themselves,  nor  make  them 
fair  promises  in  the  hope  of  disarming  their  cause 
less  hostility.     Representing  a  brave  and  high- 
spirited  people,  it  can  afford  to  forfeit  any  thing 
else  better  than  its  own  self-respect,  or  their  ad 
miring  confidence,     For  our  Government  even  to 
seek,  after  war  has  been  made  on  it,  to  dispel  the 
affected  apprehensions  of  armed  traitors  that  their 
cherished  privileges  may  be  assailed  by  it,  is  to 
invite  insult  and  encourage  hopes    of  its    own 
downfall.     The  rush  to  arms  of  Ohio,    Indiana, 
Illinois,  is  the  true  answer  at  once  to  the  rebel 
raids  of  John  Morgan  and  the  traitorous  sophis 
tries  of  Beriah  Magoffin. 

V.  We  complain  that  the  Union  cause  has  suf 
fered,  and  is  now  suffering  immensely,  from  mis 
taken  deference  to  rebel  Slavery.     Had  you,  sir, 
in  your  Inaugural  Address,  unmistakably  given 
notice  that,  in  case  the  rebellion  already  com 
menced,  \vere  persisted  in,  and  your  efforts  to 
^reserve  the  Union  and  enforce  the  laws  should 
bo  resisted  by  armed  force,  you  would  recognize 


no  loyal  person  as  rightfully  held  in  Slavery  ~by 
a  traitor,  we  believe  the  rebellion  would  there 
in  have  received  a  staggering  if  not  fatal  blow. 
At  that  moment,  according  to  the  returns  of  the 
most  recent  elections,  the  Unionists  were  a  large 
majority  of  the  voters  of  the  slave  States.  But 
they  were  composed  in  good  part  of  the  aged,  the 
feeble,  the  wealthy,  the  timid  —  the  young,  the 
reckless,  the  aspiring,  the  adventurous,  had  al 
ready  been  largely  lured  by  the  gamblers  and 
negro-traders,  the  politicians  by  trade  and  the 
conspirators  by  instinct,  into  the  toils  of  treason. 
Had  you  then  proclaimed  that  rebellion  would 
strike  the  shackles  from  the  slaves  of  every  trai 
tor,  the  wealthy  and  the  cautious  would  have 
been  supplied  with  a  powerful  inducement  to  re 
main  loyal.  As  it  was,  every  coward  in  the 
South  soon  became  a  traitor  from  fear ;  for  loy 
alty  was  perilous,  while  treason  seemed  compar 
atively  safe.  Hence  the  boasted  unanimity  of  the 
South — a  unanimity  based  on  rebel  terrorism  and 
the  fact  that  immunity  and  safety  were  found 
on  that  side,  danger  and  probable  death  on  ours. 
The  rebels,  from  the  first,  have  been  eager  to 
confiscate,  imprison,  scourge,  and  kill ;  we  have 
fought  wolves  with  the  devices  of  sheep.  The 
result  is  just  what  might  have  besn  expected. 
Tens  of  thousands  are  fighting  in  the  rebel  ranks 
to-day,  whose  original  bias  and  natural  leanings 
would  have  led  them  into  ours. 

VI.  We  complain  that  the  Confiscation  Act 
which  you  approved  is  habitually  disregarded  by 
your  Generals,  and  that  no  word  of  rebuke  for 
them  from  you  has  yet  reached  the  public  ear. 
Fremont's  Proclamation  and  Hunter's  Order  favor 
ing  Emancipation  were  promptly  annulled  by  you  ; 
while  Halleck's  Number  Three,  forbidding  fugi 
tives  from  slavery  to  rebels  to  come  within  his 
lines — an  order  as  unmilitary  as  inhuman,  and 
which  received  the  hearty  approbation  of  every 
traitor  in  America — with  scores  of  like  tendency, 
have  never  provoked  even  your  remonstrance. 
We  complain  that  the  officers  of  your  armies  have 
habitually  repelled  rather  than  invited  the  ap 
proach  of  slaves  wrho  would  have  gladly  taken 
the  risks  of  escaping  from  their  rebel  masters  to 
our  camps,  bringing  intelligence  often  of  inestim 
able  value  to  the  Union  cause.  We  complain  that 
those  w'ho  have  thus  escaped  to  us,  avowing  a 
willingness  to  do  for  us  whatever  might  be  re 
quired,  have  been  brutally  and  madly  repulsed, 
and  often  surrendered  to  be  scourged,  maimed, 
and  tortured  by  the  ruffian  traitors,  who  pretend 
to  own  them.  We  complain  that  a  large  propor 
tion  of  our  regular  army  officers,  with  many  of 
the  volunteers,  evince  far  more  solicitude  to  up 
hold  Slavery  than  to  put  down  the  rebellion.  And 
finally,  we  complain  that  you,  Mr.  President, 
elected  as  a  Republican,  knowing  well  wiiat  an 
abomination  Slavery  is,  and  how  emphatically 
it  is  the  core  and  essence  of  this  atrocious  rebellion, 
seem  never  to  interfere  with  these  atrocities,  and 
never  give  a  direction  to  your  military  subordi 
nates,  which  does  not  appear  to  have  been  con 
ceived  in  the  interest  of  Slavery  rather  than  of 
Freedom. 


482 


REBELLION  RECORD,  1862-3. 


VIT.  Let  me  call  your  attention  to  the  recent  trag 
edy  in  New-Orleans,  whereof  the  facts  are  obtain 
ed  entirely  through  pro-slavery  channels.  A  con 
siderable  body  of  resolute,  able-bodied  men,  held 
in  slavery  by  two  rebel  sugar-planters  in  defiance 
of  the  Confiscation  Act  which  you  have  approved, 
left  plantations  thirty  miles  distant  and  made  their 
way  to  the  great  mart  of  the  South- West,  which 
they  knew  to  be  in  the  undisputed  possession  of 
the  Union  forces.  They  made  their  way  safely 
and  quietly  through  thirty  miles  of  rebel  territory, 
expecting  to  find  freedom  under  the  protection  of 
our  flag.  Whether  they  had  or  had  not  heard  of 
the  passage  of  the  Confiscation  Act,  they  reasoned 
logically  that  we  could  not  kill  them  for  deserting 
the  service  of  their  lifelong  oppressors,  who  had 
through  treason  become  our  implacable  enemies. 
They  came  to  us  for  liberty  and  protection,  for 
which  they  were  willing  to  render  their  best  ser 
vice  ;  they  met  with  hostility,  captivity,  and  mur 
der.  The  barking  of  the  base  curs  of  slavery 
in  this  quarter  deceives  no  one — not  even  them 
selves.  They  say,  indeed,  that  the  negroes  had 
no  right  to  appear  in  New-Orleans  armed,  (with 
their  implements  of  daily  labor  in  the  cane-field ;) 
but  no  one  doubts  that  they  would  gladly  have 
laid  those  down  if  assured  that  they  should  be 
free.  They  were  set  upon  and  maimed,  captured 
and  killed,  because  they  sought  the  benefit  of 
that  act  of  Congress  which  they  may  not  specifi 
cally  have  heard  of,  but  which  was  none  the  less 
the  law  of  the  land  —  which  they  had  a  clear 
right  to  the  benefit  of — which  it  was  somebody^s 
duty  to  publish  far  and  wide,  in  order  that  so 
many  as  possible  should  be  impelled  to  desist 
from  serving  rebels  and  the  rebellion,  and  come 
over  to  the  side  of  the  Union.  They  sought  their 
liberty  in  strict  accordance  with  the  law  of  the 
land — they  were  butchered  or  reenslaved  for  so 
doing  by  the  help  of  Union  soldiers  enlisted  to 
fight  against  slaveholding  treason.  It  was  some 
body's  fault  that  they  were  so  murdered — if  others 
shall  hereafter  suffer  in  like  manner,  in  default  of 
explicit  and  public  direction  to  your  generals  that 
they  are  to  recognize  and  obey  the  Confiscation 
Act,  the  world  will  lay  the  blame  on  you.  Whe 
ther  you  will  choose  to  hear  it  through  future  his 
tory  and  at  the  bar  of  God,  I  will  not  judge.  I 
can  only  hope. 

VIII.  On  the  face  of  this  wide  earth,  Mr.  Pre 
sident,  there  is  not  one  disinterested,  determined, 
intelligent  champion  of  the  Union  cause  who  does 
not  feel  that  all  attempts  to  put  down  the  rebellion 
and  at  the  same  time  uphold  its  inciting  cause  are 
preposterous  and  futile  —  that  the  rebellion,  if 
crushed  out  to-morrow,  would  be  renewed  within 
a  year  if  Slavery  were  left  in  full  vigor — that  army 
officers  who  remain  to  this  day  devoted  to  Slavery 
can  at  best  be  but  half-way  loyal  to  the  Union — 
and  that  every  hour  of  deference  to  Slavery  is  an 
hour  of  added  and  deepened  peril  to  the  Union. 
I  appeal  to  the  testimony  of  your  Embassadors  in 
Europe.  It  is  freely  at  your  service,  not  at  mine. 
Ask  them  to  tell  you  candidly  whether  the  seem 
ing  subserviency  of  your  policy  to  the  slavehold 
ing,  slavery-upholding  interest,  is  not  the  perplex 


ity,  the  despair  of  statesmen  of  all  parties,  and  be 
admonished  by  the  general  answer  ! 

IX.  I  close  as  I  began  with  the  statement  that 
what  an  immense  majority  of  the  loj^al  millions 
of  your  countrymen  require  of  you  is  a  frank,  de 
clared,  unqualified,  ungrudging  execution  of  the 
laws  of  the  land,  more  especially  of  the  Confisca 
tion  Act.  That  act  gives  freedom  to  the  slaves 
of  rebels  coming  within  our  lines,  or  whom  those 
lines  may  at  any  time  inclose — we  ask  you  to 
render  it  due  obedience  by  publicly  requiring  all 
your  subordinates  to  recognize  and  obey  it.  The 
rebels  are  everywhere  using  the  late  anti-negro 
riots  in  the  North,  as  they  have  long  used  your 
officers'  treatment  of  negroes  in  the  South,  to  con 
vince  the  slaves  that  they  have  nothing  to  hope 
from  a  Union  success — that  we  mean  in  that  case 
to  sell  them  into  a  bitter  bondage  to  defray  the 
cost  of  the  war.  Let  them  impress  this  as  a  truth 
on  the  great  mass  of  their  ignorant  and  credulous 
bondmen,  and  the  Union  will  never  be  restored — 
never.  We  cannot  conquer  ten  millions  of  peo 
ple  united  in  solid  phalanx  against  us,  powerfully 
aided  by  Northern  sympathizers  and  European 
allies.  We  must  have  scouts,  guides,  spies,  cooks, 
teamsters,  diggers,  and  choppers  from  the  blacks 
of  the  South,  whether  we  allow  them  to  fight  for 
us  or  not,  or  we  shall  be  baffled  and  repelled.  As 
one  of  the  millions  who  would  gladly  have  avoid 
ed  this  struggle  at  any  sacrifice  but  that  of  prin 
ciple  and  honor,  but  who  now  feel  that  the  triumph 
of  the  Union  is  indispensable  not  only  to  the  exist 
ence  of  our  country  but  to  the  well-being  of  man 
kind,  I  entreat  you  to  render  a  hearty  and  un 
equivocal  obedience  to  the  law  of  the  land. 

Yours,  HORACE  GKEELET. 

NEW-YORK,  August  19, 1862. 

PRESIDENT   LINCOLN'S   LETTER. 

EXECUTIVE  MANSIOV,  ) 

WASHINGTON,  August  22,  1S62.  J 

Son.  Horace  Greeley : 

DEAR  SIR  :  I  have  just  read  yours  of  the  nine 
teenth,  addressed  to  myself  through  the  New- 
York  Tribune.  If  there  be  in  it  any  statements 
or  assumptions  of  fact  which  I  may  know  to  be 
erroneous,  I  do  not  now  and  here  controvert 
them.  If  there  be  in  it  any  inferences  which  I 
may  believe  to  be  falsely  drawn,  I  do  not  now 
and  here  argue  against  them.  If  there  be  per 
ceptible  in  it  an  impatient  and  dictatorial  tone,  I 
waive  it  in  deference  to  an  old  friend,  whose 
heart  I  have  always  supposed  to  be  right. 

As  to  the  policy  I  "  seem  to  be  pursuing,"  aa 
you  say,  I  have  not  meant  to  leave  any  one  in 
doubt. 

I  would  save  the  Union.  I  would  save  it  the 
shortest  way  under  the  Constitution.  The  soon 
er  the  National  authority  can  be  restored,  the 
nearer  the  Union  will  be  u  the  Union  as  it  was." 
If  there  be  those  who  would  not  save  the  Union 
unless  they  could  at  the  same  time  save  Slavery, 
I  do  not  agree  with  them.  If  there  be  those  who 
would  not  save  the  Union  unless  they  could  at 
the  same  time  destroy  Slavery,  I  do  not  agree 
with  them.  My  paramount  object  in  this  strug 
gle  is  to  save  the  Union,  and  is  not  either  to  save 


DOCUMENTS. 


493 


or  destroy  Slavery.  If  I  could  save  the  Union 
without  freeing  any  slave,  I  would  do  it ;  and  if 
I  could  save  it  hy  freeing  all  the  slaves,  I  would 
do  it ;  and  if  I  could  do  it  by  freeing  some  and 
leaving  others  alone,  I  would  also  do  that.  What 
I  dc  about  Slavery  and  the  colored  race,  I  do 
because  I  believe  it  helps  to  save  this  Union  ; 
and  what  I  forbear,  I  forbear  because  I  do  not 
believe  it  would  help  to  save  the  Union.  I  shall 
do  less  whenever  I  shall  believe  wThat  I  am  doing 
hurts  the  cause,  and  I  shall  do  more  whenever  I 
shall  believe  doing  more  will  help  the  cause.  I 
shall  try  to  correct  errors  when  showrn  to  be 
errors ;  and  I  shall  adopt  new  views  so  fast  as 
they  shall  appear  to  be  true  views.  I  have  here 
stated  my  purpose  according  to  my  view  of  offi 
cial  duty,  and  I  intend  no  modification  of  my 
oft-expressed  personal  wish  that  all  men,  every 
where,  could  be  free.  Yours,  A.  LINCOLN. 

MR.  GREELEY'S  RESPONSE. 

DEAR  SIR  :  Although  I  did  not  anticipate  nor 
seek  any  reply  to  my  former  letter  unless  through 
your  official  acts,  I  thank  you  for  having  accord 
ed  one,  since  it  enables  me  to  say  explicitly  that 
nothing  wras  further  from  my  thought  than  to 
impeach  in  any  manner  the  sincerit}"  or  the  in 
tensity  of  your  devotion  to  the  saving  of  the 
Union.  I  never  doubted,  and  have  no  friend  who 
doubts,  that  you  desire,  before  and  above  all 
else,  to  reestablish  the  now  derided  authority 
and  vindicate  the  territorial  integrit}r  of  the  Re 
public.  I  intended  to  raise  only  this  question — 
Do  you  propose  to  do  this  ~by  recognizing,  obey 
ing,  and  enforcing  the  laics,  or  by  ignoring, 
disregarding,  and  in  effect  defying  them  ? 

I  stand  upon  the  law  of  the  land.  The  hum 
blest  has  a  clear  right  to  invoke  its  protection 
and  support  against  even  the  highest.  That 
law — in  strict  accordance  with  the  law  of  Nations, 
of  Nature,  and  of  God—  declares  that  every  traitor 
now  engaged  in  the  infernal  work  of  destroying 
our  country,  has  forfeited  thereby  all  claim  or 
color  of  right  lawfully  to  hold  human  beings  in 
Slavery.  I  ask  of  you  a  clear  and  public  recog 
nition  that  this  law  is  to  be  obeyed  wherever  the 
National  authority  is  respected.  I  cite  to  you 
instances  wherein  men  fleeing  from  bondage  to 
traitors  to  the  protection  of  our  flag  have  been 
assaulted,  wounded,  and  murdered  by  soldiers 
of  the  Union — unpunished  and  unrebuked  by 
your  General  Commanding — to  prove  that  it  is 
your  duty  to  take  action  in  the  premises — action 
that  will  cause  the  law  to  be  proclaimed  and 
obeyed  wherever  your  authority  or  that  of  the 
Union  is  recognized  as  paramount.  The  Rebel 
lion  is  strengthened,  the  National  cause  is  im 
perilled,  by  every  hour's  delay  to  strike  Treason 
this  staggering  blow. 

When  Fremont  proclaimed  freedom  to  the 
slaves  of  rebels,  you  constrained  him  to  modify 
his  proclamation  into  rigid  accordance  with  the 
terms  of  the  existing  law.  It  wras  your  clear 
right  to  do  so.  I  now  ask  of  you  conformity  to 
the  principle  so  sternly  enforced  upon  him.  I 
ask  you  to  instruct  your  Generals  and  Commo 


dores  that  no  loyal  person — certainly  none  will 
ing  to  render  service  to  the  National  cause — is 
henceforth  to  be  regarded  as  the  slave  of  any 
traitor.  While  no  rightful  government  was  ever 
before  assailed  by  so  wanton  and  wicked  a  rebel 
lion  as  that  of  the  slaveholders  against  our  Na 
tional  life,  I  am  sure  none  ever  before  hesitated 
at  so  simple  and  primary  an  act  of  self-defence  as 
to  relieve  those  who  would  serve  and  save 
it  from  chattel  servitude  to  those  who  are  wading 
through  seas  of  blood  to  subvert  and  destroy  it. 
Future  generations  will  with  difficulty  realize 
that  there  could  have  been  hesitation  on  this 
point.  Sixty  years  of  general  and  boundless 
subserviency  to  .the  Slave  Power  do  not  ade 
quately  explain  it. 

Mr.  President,  I  beseech  you  to  open  your 
eyes  to  the  fact  that  the  devotees  of  Slavery 
everywhere — -just  as  much  in  Maryland  as  in 
Mississippi,  in  Washington  as  in  Richmond — are 
to-day  your  enemies,  and  the  implacable  foes  of 
every  effort  to  reestablish  the  National  authority 
by  the  discomfiture  of  its  assailants.  Their  Presi 
dent  is  not  Abraham  Lincoln,  but  Jefferson  Davis, 
You  may  draft  them  to  serve  in  the  war  ;  but  they 
will  only  fight  under  the  Rebel  flag.  There  is  not 
in  New- York  to  day  a  man  who  really  believes  in 
Slavery,  loves  it,  and  desires  its  perpetuation, 
who  heartily  desires  the  crushing  out  of  the  Re 
bellion.  He  would  much  rather  save  the  Repub 
lic  by  buying  up  and  pensioning  off  its  assailants. 
His  "  Union  as  it  was  "  is  a  Union  of  which  you 
were  not  President,  and  no  one  who  truly  wished 
Freedom  to  All  ever  could  be. 

If  these  are  truths,  Mr.  President,  they  are 
surely  of  the  gravest  importance.  You  cannot 
safely  approach  the  great  and  good  end  you  so 
intently  meditate  by  shutting  your  eyes  to  them. 
Your  deadly  foe  is  not  blinded  by  any  mist  in 
which  your  eyes  may  be  enveloped.  He  walks 
straight  to  his  goal,  knowing  well  his  weak  point, 
and  most  unwillingly  betraying  his  fear  that  you 
too  may  see  and  take  advantage  of  it.  God  grant 
that  his  apprehension  may  prove  prophetic. 

That  you  may  not  unseasonably  perceive  these 
vital  truths  as  they  will  shine  forth  on  the  pages 
of  History — that  they  may  be  read  by  our  chil 
dren  irradiated  by  the  glory  of  our  National  sal 
vation,  not  rendered  lurid  by  the  blood-red  glow 
of  National  conflagration  and  ruin — that  you  may 
promptly  and  practically  realize  that  Slavery  is 
to  be  vanquished  only  by  Liberty — is  the  fervent 
and  anxious  prayer  of  Yours  truly, 

HORACE  GREELEY. 

NBW-YORK,  August  24,  1862. 


Doc.  86. 
OPERATIONS   IN    VIRGINIA. 

REPORT  OP  MAJOR-GENERA-    (REBEL)  MAGRUDER. 

HEADQUARTERS  DEPARTMENT  PENINSULA,  ) 
LKK'S  FARM,  May  3,  1862.         f 

General  S.  Cooper,  A.  and  I.  G.,  0.  &  A.  : 

GENERAL  :    Deeming  it  of  vital  importance  t« 
hold  Yorktown,   on  York  River,  and  Mulberry 


484 


REBELLION  RECORD,  1862-C 


Island,  on  James  River,  and  to  keep  the  enemy 
in  check  by  an  intervening  line,  until  the  author 
ities  might  take  such  steps  as  should  be  deemed 
necessary  to  meet  a  serious  advance  of  the  ene 
my  in  the  Peninsula,  I  felt  compelled  to  dispose 
my  forces  in  such  a  manner  as  to  accomplish 
these  objects  with  the  least  risk  possible,  under 
the  circumstances  of  great  hazard  which  sur 
rounded  the  little  army  I  commanded. 

I  had  prepared,  as  my  real  line  of  defence,  po 
sitions  in  advance  at  Harwood's  and  Young's 
Mills.  Both  flanks  of  this  line  were  defended  by 
boggy  and  difficult  streams  and  swamps. 

In  addition,  the  left  flank  was  defended  by 
elaborate  fortification  at  Ship  Point,  connected 
by  a  broken  line  of  redoubts  crossing  the  heads 
of  the  various  ravines  emptying  into  York  River 
and  TTormley's  Creek,  and  terminating  at  Fort 
Grafton,  nearly  in  front  of  Yorktown.  The  right 
flank  was  defended  by  the  fortifications  at  the 
mouth  of  Warwick  River,  and  at  Mulberry  Island 
Point,  and  the  redoubts  extending  from  the  War 
wick  to  the  James  River. 

Intervening  between  the  two  lines  was  a  wood 
ed  country,  about  two  miles  in  extent.  This 
wooded  line,  forming  the  centre,  needed  the  de 
fence  of  infantry  in  a  sufficient  force  to  prevent 
any  attempt  on  the  part  of  the  enemy  to  break 
through  it. 

In  my  opinion,  this  advanced  line,  with  its 
flank  defences,  might  have  been  held  by  twenty 
thousand  troops.  With  twenty-five  thousand,  I 
do  not  believe  it  could  have  been  broken  by  any 
force  the  enemy  could  have  brought  against  it. 
Its  two  flanks  were  protected  by  the  "Virginia" 
and  the  works  on  one  side,  and  the  fortifications 
at  Yorktown  and  Gloucester  Point  on  the  other. 

Finding  my  forces  too  weak  to  attempt  the  de 
fence  of  this  line,  I  was  compelled  to  prepare  to 
receive  the  enemy,  on  a  second  line,  on  Warwick 
River.  This  line  was  incomplete  in  its  prepara 
tions,  owing  to  the  fact  that  a  thousand  negro 
laborers,  whom  I  had  engaged  in  fortifying,  were 
taken  from  me  and  discharged,  by  superior  or 
ders,  in  December  last ;  and  a  delay  of  nine 
weeks  consequently  occurred  before  I  could  reor 
ganize  the  laborers  for  the  engineers. 

Keeping,  then,  only  small  bodies  of  troops  at 
Harwood's  and  Young's  Mills,  and  at  Ship  Point, 
I  distributed  my  remaining  forces  along  the  AVar- 
wick  line,  embracing  a  front  from  Yorktown  to 
Minor's  Farm,  of  twelve  miles,  and  from  the  lat 
ter  place  to  Mulberry  Island  Point,  one  and  a 
half  miles.  I  was  compelled  to  place  in  Glouces 
ter  Point,  Yorktown,  and  Mulberry  Island,  fixed 
garrisons,  amounting  to  six  thousand  men,  my 
whole  force  being  eleven  thousand.  So  that  it 
will  be  seen  that  the  balance  of  the  line,  embrac 
ing  a  length  of  thirteen  miles,  was  defended  by 
about  five  thousand  men. 

After  the  reconnoissances  in  great  force  from 
Fortress  Monroe  and  Newport  News,  the  enemy, 
on  the  third  April,  advanced  and  took  possession 
o*1  Harwood's  Mill.  He  advanced  in  two  heavy 
coiumns,  one  along  the  Old  York  road,  and  the 
other  along  the  Warwick  road,  and  on  the  fifth 


of  April  appeared  simultaneously  along  the  whole 
front  of  our  line  from  Minor's  Farm  to  Yorktown. 
I  have  no  accurate  data  upon  which  to  base  an 
exact  statement  of  his  force,  but  from  various 
sources  of  information,  I  was  satisfied  that  I  had 
before  me  the  enemy's  army  of  the  Potomac,  un 
der  the  command  of  General  McClellan,  with  the 
exception  of  the  two  corps  tfarmee  of  Banks  and 
McDowell,  respectively.  Forming  an  aggregate 
number  of  certainly  not  less  than  one  hundred 
thousand,  since  ascertained  to  have  been  one 
hundred  and  twenty  thousand  men. 

On  every  portion  of  my  lines  he  attacked  us 
with  a  furious  cannonading  and  musketry,  which 
was  responded  to  with  effect  by  our  batteries  and 
troops  of  the  line.  His  skirmishers  were  also 
well  thrown  forward  on  this  and  the  succeeding 
day,  and  energetically  felt  our  whole  line,  but 
were  everywhere  repulsed  by  the  steadiness  of 
our  troops.  Thus,  with  five  thousand  men,  ex 
clusive  of  the  garrisons,  we  stopped  and  held  in 
check  over  one  hundred  thousand  of  the  enemy. 
Every  preparation  was  made  in  anticipation  of 
another  attack  by  the  enemy.  The  men  slept  in 
the  trenches  and  under  arms,  but,  to  my  utter 
surprise,  he  permitted  day  after  day  to  elapse 
without  an  assault. 

In  a  few  days  the  object  of  his  delay  was  ap 
parent.  In  every  direction,  in  front  of  our  lines, 
through  the  intervening  woods,  and  along  the 
open  fields,  earthworks  began  to  appear.  Through 
the  energetic  action  of  the  government,  reenforce- 
ments  began  to  pour  in,  and,  each  hour,  the  army 
of  the  Peninsula  grew  stronger  and  stronger,  un 
til  anxiety  passed  from  my  mind  as  to  the  result 
of  an  attack  upon  us. 

The  enemy's  skirmishers  pressing  us  closely 
in  front  of  Yorktown,  Brigadier-General  Early  or 
dered  a  sortie  to  be  made  from  the  redoubts,  for 
the  purpose  of  dislodging  him  from  Palmentary's 
peach-orchard.  This  was  effected  in  the  most 
gallant  manner  by  the  Second  Florida,  Colonel 
Ward,  and  Second  Mississippi  battalion,  Lieuten 
ant-Colonel  Taylor,  all  under  the  command  of 
Colonel  Ward.  The  quick  and  reckless  charge 
of  our  men,  by  throwing  the  enemy  into  a  hasty 
flight,  enabled  us  to  effect,  with  little  loss,  an  en 
terprise  of  great  hazard  against  a  superior  force, 
supported  by  artillery,  when  the  least  wavering 
or  hesitation  on  our  part  would  have  been  at 
tended  with  great  loss. 

The  Warwick  line,  upon  which  we  rested,  may 
be  briefly  described  as  follows : 

Warwick  River  rises  very  near  York  River, 
and  about  a  mile  and  a  half  to  the  right  of  York- 
town.  Yorktown  and  Redoubts  Nos.  Four  and 
Five,  united  by  long  curtains,  and  flanked  by 
rifle-pits  from  the  left  of  the  line,  until  at  the 
commencement  of  the  military  road  it  reaches 
Warwick  River  —  here  a  sluggish  and  boggy 
stream,  twenty  or  thirty  yards  wide,  and  run 
ning  through  a  dense  wood  fringed  by  swamps. 

Along  this  river  are  five  dams,  one  at  Wynne's 
Mill  and  one  at  Lee's  Mill,  and  three  constructed 
by  myself.  The  effect  of  these  dams  is  to  back 
up  the  water  along  the  course  of  the  river,  so 


DOCUMENTS. 


485 


that  nearly  three  fourths  of  its  distance  its  pas- 
page  is  impracticable  for  either  artillery  or  infan 
try.  Each  of  these  dams  is  protected  by  artillery 
and  extensive  earthworks  for  infantry. 

After  eleven  days  of  examination,  the  enemy 
seems  very  properly  to  have  arrived  at  the  con 
clusion  that  Dam  No.  One,  the  centre  of  our  line, 
was  the  weakest  point  in  it,  and  hence,  on  the 
sixteenth  April,  he  made  what  seems  to  have 
been  a  serious  effort  to  break  through  at  that 
point. 

Early  on  that  morning  he  opened  at  that  dam 
a  most  furious  attack  of  artillery,  filling  the  woods 
with  shells,  while  his  sharp-shooters  pressed  for 
ward  close  to  our  lines. 

From  nine  A.M.  to  twelve  M.  six  pieces  were 
kept  in  constant  fire  against  us.  and  by  three 
P.M.  nearly  three  batteries  were  directing  a  per 
fect  storm  of  shot  and  shell  on  our  exposed  posi 
tion.  We  had  only  three  pieces  in  position  at 
that  point,  but  two  of  them  could  not  be  used 
with  effect,  and  were  rarely  fired,  so  that  we 
were  constrained  to  reply  with  only  one  six- 
pounder,  of  the  Troupe  artillery,  Cobb's  Georgia 
Legion,  Captain  Stanley,  under  the  particular 
charge  of  Lieutenant  Pope. 

This  piece  was  served  with  the  greatest  accu 
racy  and  effect,  and  by  the  coolness  and  skill 
with  which  it  was  handled  the  great  odds  against 
us  were  almost  counterbalanced. 

By  half-past  three  P.M.,  the  intensity  of  the 
cannonading  increasing,  heavy  masses  of  infantry 
commenced  to  deploy  in  our  front,  and  a  heavy 
musketry -fire  was  opened  upon  us.  Under  the 
cover  of  this  continuous  stream  of  fire,  an  effort 
was  made  by  the  enemy  to  throw  forces  over  the 
stream  and  storm  our  six-pounder  battery,  which 
was  inflicting  such  damage  upon  them. 

This  charge  was  very  rapid  and  vigorous,  and 
before  our  men  were  prepared  to  receive  it,  seve 
ral  companies  of  a  Vermont  regiment  succeeded 
in  getting  across  and  occupying  the  rifle-pits  of 
the  Fifteenth  North-Carolina  volunteers,  who 
were  some  hundred  yards  to  the  rear,  throwing 
up  a  work  for  the  protection  of  their  camp. 

This  regiment  immediately  sprang  to  arms  and 
engaged  the  enemy  with  spirit,  under  the  lead  of 
their  brave  but  unfortunate  commander,  McKin- 
ney,  and,  aided  by  the  Sixteenth  Georgia  regi 
ment,  repulsed  the  enemy ;  but  when  the  gallant 
McKinney  fell,  a  temporary  confusion  ensued, 
which  was  increased  by  an  unauthorized  order 
to  fall  back.  The  enemy  renewed  the  attack 
with  great  force. 

At  this  moment,  the  Seventh  and  Eighth  Geor 
gia,  under  command  of  Colonels  Wilson  and  La- 
mar,  respectively,  the  left  of  the  Sixteenth  Geor 
gia,  under  command  of  Colonel  Goode  Bryan,  and 
*he  hvo  companies  of  Captains  Martin  and  Burke, 
ot  the  Second  Louisiana,  under  Colonel  Norwood, 
accompanied  by  the  Fifteenth  North-Carolina, 
with  fixed  bayonets  and  the  steadiness  of  veter 
ans,  charged  the  rifle-pits  and  drove  the  enemy 
from  them  with  great  slaughter. 

Colonel  Anderson,  commanding  his  brigade, 
and  the  commanding  officers  of  the  troops  aboi  e 


mentioned,  deserve  great  praise  for  the  prompt 
ness  with  which  they  rushed  to  the  conflict  and 
repelled  this  serious  attempt  of  the  enemy. 

Subsequently,  the  enemy  massed  heavier  bod 
ies  of  troops,  and  again  approached  the  stream. 
It  was  evident  that  a  most  serious  and  energetic 
attack,  in  large  force,  was  being  made  to  break 
our  centre,  under,  it  is  believed,  the  immediate 
eye  of  McClellan  himself;  but  Brigadier-General 
Howell  Cobb,  who  was  in  command  at  that 
point,  forming  the  Second  Louisiana,  Seventh  and 
Eighth  Georgia,  of  Colonel  Anderson's  brigade, 
the  Fifteenth  North-Carolina,  Fourteenth  Geor 
gia,  and  Cobb's  Legion  in  line  of  battle  on  our 
front,  received  the  attack  with  great  firmness, 
and  the  enemy  recoiled,  with  Toss,  from  the 
steady  fire  of  our  troops,  before  reaching  the 
middle  of  the  water. 

Brigadier-General  McLaws,  commanding  the 
Second  division,  of  which  Cobb's  command 
formed  a  part,  hearing  the  serious  firing,  hasten 
ed  to  the  scene  of  action,  and  exhibited  great 
coolness  and  judgment  in  his  arrangements.  The 
Tenth  Louisiana,  Fifteenth  Virginia,  a  part  of  the 
Seventeenth  Mississippi,  and  the  Eleventh  Ala 
bama,  were  ordered  up  as  reserves,  and  were 
placed  in  position,  the  Tenth  Louisiana  marching 
to  its  place  with  the  accuracy  of  a  parade  drill. 
The  other  regiments  were  assigned  positions  out 
of  the  range  of  fire. 

In  addition,  General  McLaws  placed  the  whole 
of  his  division  under  arms,  ready  to  move  as  cir 
cumstances  might  require. 

Colonel  Anderson  had  led  two  of  his  regi 
ments,  the  Seventh  and  Eighth  Georgia,  into  ac 
tion,  and  held  two  others  in  reserve,  while  Bri 
gadier-General  Toombs  advanced  with  his  own 
brigade,  under  the  immediate  command  of  Briga 
dier-General  Semmes,  close  to  the  scene  of  action, 
and  by  my  order,  (having  just  arrived,)  placed 
two  regiments  of  this  brigade  in  action,  retaining 
the  rest  as  reserves. 

These  dispositions  rendered  our  position  per 
fectly  secure,  and  the  enemy  suffering  from  his 
two  repulses,  darkness  put  an  end  to  the  contest. 

The  dispositions  of  General  McLaws  were  skil 
fully  made.  His  whole  bearing  and  conduct  is 
deserving  of  the  highest  commendation.  I  can 
not  designate  all  the  many  gallant  officers  and 
privates  who  distinguished  themselves,  and  re 
spectfully  call  the  attention  of  the  Commanding 
General  to  the  accompanying  reports ;  but  I 
would  fail  to  do  my  duty,  if  I  did  not  specially 
mention  some  particular  instances.  Brigadier- 
General  Cobb,  commanding  at  this  point,  exhib 
ited  throughout  the  day  the  greatest  courage  and 
skill,  and  when  once,  at  a  critical  moment,  some 
troops  in  his  line  of  battle  wavered,  he,  in  per 
son,  rallied  the  troops  under  a  terrible  fire,  and 
by  his  voice  and  example,  entirely  reestablished 
their  steadiness. 

Brigadier-General  Toombs  had  in  the  morning, 
by  my  order,  detached  from  this  division  Colonel 
Anderson's  brigade,  to  support  Brigadier-General 
Cobb,  and  late  in  the  evening,  when  ordered  for 
ward  by  me,  promptly  and  energetically  led  tho 


486 


REBELLION   RECORD,  1862-63. 


remainder  of  his  command  under  fire,  arriving 
just  before  the  enemy  ceased  the  vigor  of  his  at 
tack,  and  in  time  to  share  its  dangers. 

Brigadier-General  P.  J.  Semmes  commanded 
Toombs's  brigade,  the  latter  being  in  command 
of  the  division,  and  showed  his  usual  prompt 
ness  and  courage. 

Colonel  Levy,  of  Second  Louisiana  regiment, 
was  the  Colonel  commanding  at  Dam  No.  1, 
and  evinced  judgment,  courage,  and  high  soldier 
ly  qualities,  in  his  conduct  and  arrangements, 
which  I  desire  specially  to  commend. 

Captain  Stanley  was  in  command  of  two  pieces 
of  artillery,  including  the  six-pounder,  so  effect 
ively  served.  Both  he  and  Lieutenant  Pope  con 
ducted  themselves  with  skill  and  courage. 

Captain  Jordan's  piece  was  in  a  very  exposed 
place,  and  was  soon  disabled  after  a  few  rounds, 
and  was  promptly  withdrawn.  Both  he  and  his 
men  exhibited  great  steadiness,  under  the  terri 
ble  fire  which  swept  over  them. 

The  enemy's  loss,  of  course,  cannot  be  accu 
rately  estimated,  as  the  greater  part  of  it  occur 
red  over  on  their  side  of  the  stream,  but  I  think 
it  could  have  scarcely  been  less  than  six  hundred 
killed  and  wounded. 

Our  loss  was  comparatively  trivial,  owing  to 
the  earthworks,  which  covered  our  men,  and  did 
not  exceed  seventy-five  in  killed  and  wounded. 

All  the  reinforcements  which  were  on  their 
tvay  to  me  had  not  yet  joined  me,  so  that  I  was 
anable  to  follow  up  the  action  of  the  sixteenth 
of  April  by  any  decisive  step. 

The  reinforcements  were  accompanied  by  offi 
cers  who  ranked  me,  and  I  ceased  to  command. 

I  cannot  too  highly  commend  the  conduct  of 
the  officers  and  men  of  my  whole  command,  who 
cheerfully  submitted  to  the  greatest  hardships 
and  deprivations.  From  the  fourth  of  April  to 
the  third  of  May,  this  army  served  almost  with 
out  relief  in  the  trenches. 

Many  companies  of  artillery  were  never  re 
lieved  during  this  long  period.  It  rained  almost 
incessantly.  The  trenches  were  filled  with  wa 
ter  ;  the  weather  was  exceedingly  cold ;  no  fires 
could  be  allowed ;  the  artillery  and  infantry  of 
the  enemy  played  upon  our  men  almost  contin 
uously  day  and  night ;  the  army  had  neither  cof 
fee,  sugar,  nor  hard  bread,  but  subsisted  on  flour 
and  salt  meat,  and  that  in  reduced  quantities ; 
and  yet  no  murmurs  were  heard.  Their  gallant 
commanders  of  the  army  of  the  Potomac,  and 
the  department  of  Norfolk,  though  not  so  long  a 
time  exposed  to  these  sufferings,  shared  these 
hardships  and  dangers  with  equal  firmness  and 
cheerfulness.  I  have  never  seen,  and  I  do  not 
believe  that  there  ever  has  existed,  an  army  (the 
combined  army  of  the  Potomac,  Peninsula,  and 
Norfolk)  which  has  shown  itself,  for  so  long  a 
time,  so  superior  to  all  hardships  and  dangers. 

The  best  drilled  regulars  the  world  has  ever 
seen,  would  have  mutinied  under  a  continued 
service  in  the  trenches  for  twenty-nine  days,  ex 
posed  every  moment  to  musketry  and  shells,  in 
water  to  their  knees,  without  fire,  sugar,  or  cof 
fee,  without  stimulants,  and  with  an  inadequate 


supply  of  cooked  flour  and  salt  meats.  I  speak 
of  this  in  honor  of  those  brave  men,  whose  pa 
triotism  made  them  indifferent  to  suffering,  to 
disease,  to  danger,  and  death.  Indeed,  the  con 
duct  of  the  officers  and  men  was  such  as  to  de 
serve  throughout  the  highest  commendation. 

I  beg  leave  to  invite  the  attention  of  the  depart 
ment  to  the  reports  which  accompany  this,  and  to 
commend  the  officers  and  men  there  named  to  the 
most  favorable  consideration  of  the  government 

I  cannot  close  this  report  without  publicly 
bearing  testimony  to  the  great  and  devoted  serv 
ices  of  the  cavalry  of  the  Peninsula,  so  long  un 
der  my  command,  always  in  the  presence  of  su 
perior  forces  of  the  enemy.  I  owe  much  of  the 
success,  which  attended  my  efforts  to  keep  them 
within  the  walls  of  their  fortresses,  to  the  alac 
rity,  daring,  vigilance,  and  constancy  of  the  Third 
Virginia  cavalry,  and  the  independent  companies 
from  James  City,  Matthews,  Gloucester,  and  King 
and  Queen  counties. 

The  services  rendered  by  the  officers  of  my 
staff  have  been  invaluable.  To  these  I  owe  my 
acknowledgments :  Captains  Brayn  and  Dickin 
son,  of  the  Adjutant-General's  department;  Ma 
jors  Magruder  and  Brent,  of  the  Commissary 
and  Ordnance  departments  respectively ;  Cap 
tain  White,  Acting  Chief  Quartermaster;  Colo 
nel  Cabell,  Chief  of  Artillery ;  Lieutenant-Colo 
nel  Cary,  Acting  Inspector-General ;  Lieutenant 
Douglas,  of  the  Engineers  ;  Lieutenants  Eustis 
and  Alston,  Aids-de-Camp ;  Dr.  George  W.  Mil- 
den,  Acting  Staff  Officer ;  Mr.  J.  R.  Bryan,  Mr. 
H.  M.  Stanard,  Mr.  D.  T.  Brashear,  and  Mr.  Hen 
ry  A.  Doyce,  who,  as  volunteer  aids,  have  ren 
dered  most  important  services,  and  to  private  E. 
P.  Turner,  of  the  New-Kent  cavalry,  on  duty 
sometimes  in  the  field,  at  others  in  the  Assistant 
Adjutant-General's  office. 

My  thanks  are  due  to  Lieutenant-Colonel  Ball, 
of  the  Virginia  cavalry,  who  for  several  weeks 
during  the  siege  acted  as  a  volunteer  aid.  His 
conduct  on  the  fifth,  in  my  immediate  presence, 
and  under  a  severe  fire  of  the  enemy,  was  very 
gallant,  and  worthy  of  the  high  reputation  which 
he  won  at  Manassas. 

I  am  also  greatly  indebted  to  Major  George 
Neay,  of  the  One  Hundred  and  Fifteenth  Vir 
ginia  militia,  who  has  aided  me  in  the  adminis 
tration,  civil  as  well  as  military,  of  the  affairs  of 
the  Peninsula,  and  to  Lieutenants  Joseph  Phil 
lips  and  Causey,  of  the  confederate  army.  The 
local  knowledge  of  these  officers  has  been  of 
great  advantage  to  the  service,  whilst  their  intre 
pidity  and  enterprise  have  been  in  the  highest 
degree  conspicuous  on  every  occasion. 

I  cannot  express  too  strongly  my  estimate  of 
the  services  rendered  by  my  Chief  Quartermaster, 
Major  Bloomfield.  Soon  after  he  took  charge,  he 
introduced  order,  promptness,  and  economy,  in 
the  management  of  his  department. 

The  scarcity  of  supplies  and  materials  was  so 
great  as  to  make  it  almost  impossible  to  procure 
them. 

The  genius,  energy,  and  extraordinary  indus 
try  of  Major  Bloomfield,  however,  overcame  all 


DOCUMENTS. 


48? 


obstacles,  and  enabled  the  army  of  the  Peninsula 
to  move,  to  inarch,  and  to  fight,  with  the  regu 
larity  of  a  machine. 

This  statement  is  made  in  justice  to  Major 
Bloomfield,  who  is  absent,  on  account  of  sick 
ness,  at  the  time  that  I  write. 

I  ask  the  attention,  also,  of  the  government  to 
the  valuable  services  rendered  by  Mr.  William 
Morris,  of  Baltimore,  the  signal  officer,  in  charge 
of  the  signal  service  of  the  Peninsula,  and  to 
those  of  his  efficient  assistant,  Lieutenant  Lind 
say,  of  the  Fifteenth  Virginia  regiment. 

It  is  but  just  to  Colonel  Charles  A.  Crump, 
that  I  should  bear  testimony  to  the  zeal,  gallant 
ry,  and  decided  ability  with  which  he  performed 
the  various  duties  of  commander  of  the  post  at 
Gloucester  Point,  during  the  year  in  which  he 
was  under  my  command.  He  was  worthily  sup 
ported,  on  all  occasions,  by  Lieutenant-Colonel 
P.  R.  Page,  and  the  other  officers  and  men  consti 
tuting  his  force. 

That  accomplished  officer,  Captain  Thomas 
Jefferson  Page,  of  the  navy,  successfully  applied 
the  resources  of  his  genius  and  ripe  experience 
to  the  defence  of  Gloucester  Point,  whilst  the 
important  work  opposite  was  commanded  with 
devoted  zeal  and  gallantry  by  Brigadier-General 
Rains. 

My  thanks  are  due  to  Captain  Chatard,  of  the 
navy,  for  valuable  services  as  inspector  of  bat 
teries,  and  to  Lieutenant-Colonel  Noland,  late  of 


men  of  the  artillery  of  the  Peninsula,  both  heavy 
and  light,  were  very  conspicuous  during  the  at 
tack  on  the  fifth  April,  and  throughout  the  siege 
which  followed.  The  high  state  of  efficiency 
of  this  arm  of  the  service  was  mainly  due  to  Col 
onel  George  W.  Randolph,  chief  of  artillery  on 
my  staff,  who  applied  to  its  organization  disci 
pline,  and  preparation  for  the  field,  the  resources 
of  his  great  genius  and  experience. 

To  this  intrepid  officer  and  distinguished  citi 
zen,  the  country  is  indebted  for  the  most  valua 
ble  services,  from  the  battle  of  Bethel,  where  his 
artillery  principally  contributed  to  the  success  of 


the  day,  to  the  period  when  he 
from  my  command  by  promotion. 


was  removed 
He  was  ably 


assisted  by  Lieutenant  Colonels  Cabell  and  Brown, 
of  the  same  corps.  The  medical  officers  deserve 
the  highest  commendation  for  the  skill  and  de 
votion  with  which  they  performed  their  duty  in 
this  sickly  country. 

To  Captain  Ben  Harrison  and  Lieutenant  Hill 
Carter,  Jr.,  and  their  admiral  troop,  the  Charles 
City  cavalry,  I  am  also  indebted  for  meritorious 
services  under  my  own  eye  on  numerous  occa 
sions. 

I  have  the  honor  to  be,  very  respectfully,  your 


obedient  servant, 


the 


navy, 


the  efficient  commander  of  the  bat 


teries  at  Mulberry  Island  Point. 

That  patriotic  and  scientific  soldier,  Colonel  B. 
S.  Ewell,  rendered  important  services  to  the  coun 
try  during  my  occupation  of  the  Peninsula,  as 
did  Colonel  Hill  Carter,  the  commander  at  James 
town,  and  his  successor,  Major  J.  R.  C.  Lewis. 

I  should  fail  in  my  duty  to  the  country,  and 
especially  to  the  State  of  Virginia,  if  I  neglected 
to  record  the  self-sacrificing  conduct  of  Captain 
William  Allen,  of  the  artillery. 

At  the  very  commencement  of  the  war,  this 
gentleman  erected,  at  his  own  expense,  on  James 
town  Island,  extensive  fortifications  for  the  de 
fence  of  the  river,  and  from  that  time  until  he 
was  driven  from  his  home,  he  continued  to  apply 
the  resources  of  his  large  estate  to  the  benefit  of 
his  country.  And  so  great  and  disinterested 
were  his  zeal  and  devotion  as  an  officer,  that  he 
lost  almost  the  whole  of  his  immense  possessions 
in  endeavoring  to  remove  the  public  property 
committed  to  his  charge,  and  that  of  the  com 
manding  officers.  I  cannot  commend  his  con 
duct  as  an  officer  too  highly  to  the  government, 
nor  his  patriotism  as  a  citizen  too  warmly  to  the 
love  and  respect  of  his  countrymen. 

To  Captain  Rives,  Captain  St.  John,  Captain 
Clark,  and  Captain  Dimmock,  of  the  engineers, 
and  their  able  assistants,  the  country  is  greatly 
indebted  for  the  formidable  works  which  enabled 
ine  to  meet  and  repulse  with  a  very  small  force 
tl.3  attack  of  an  army  of  over  one  hundred  thou 
sand  well-drilled  men,  commanded  by  the  best 
officers  in  the  service  of  the  enemy. 


J.  BANKHEAD  MAGKUDER, 

Major-General. 


REPORT  OP  BRIGADIER-GENERAL  McLAWS. 

HEADQUARTERS  SECOND  DIVISION,         ) 
RIGHT  FLANK  LEB'S  FARM,  April  30,  1862.  ) 

To  Captain  A.  G.  Dickinson,  Assistant  Adjutant- 


General  : 

On  the  sixteenth 


instant,   between  two  and 


three  P.M.,  my  attention  was  attracted  by  an  in 
crease  in  the  intensity  of  fire  which  had  been 
heard  during  the  morning  from  the  direction  of 
Dam  No.  1.  Thinking  that  perhaps  a  real  at 
tack  was  intended  at  that  point,  I  ordered  for 
ward  the  Tenth  Louisiana,  Fifteenth  Virginia, 
and  four  companies  of  the  Seventeenth  Missis 
sippi,  and  rode  toward  the  Dam,  ordering  up  on 
my  way  the  Eleventh  Alabama,  also,  to  act  as 
reserve  to  Dam  No.  2,  and  directed  my  whole 
command,  artillery,  infantry,  and  dragoons,  to 
be  under  arms,  and  ready  to  obey  any  order  at 
once.  I  then  joined  General  Cobb.  The  firing 
at  this  time,  from  both  cannon  and  small  arms, 
was  very  heavy  and  constant,  convincing  me  that 
the  attack  was  intended  as  a  real  one,  and  I  be* 
came  exceedingly  anxious  for  the  reserves  to 
come  forward,  for  General  Kershaw's  brigade,  of 
the  Third,  Fourth,  Seventh,  and  Eighth  S.  C., 
were  in  position  some  four  and  a  half  miles  on 
my  right,  down  the  Peninsula,  and  should  the 
line  be  broken  at  this  point  of  attack  by  a  large 
body  of  the  enemy,  that  position  would  be  a  criti 
cal  one,  and  Lee's  Farm  have  to  be  abandoned, 
unless  a  considerable  force  of  our  troops  were  on 
hand  to  oppose  them.  I  heard  from  General  Cobb 
that  General  G.  T.  Anderson's  brigade  had  been 
ordered  to  his  support  by  General  Magruder,  and 
sent  off  by  Lieutenant  Stanard,  who  offered  his 
services  to  bring  it  forward,  and  sent  others  to 


The  steadiness  and  heroism  of  the  officers  and  !  up. 


hasten  those  regiments  I  had  previously  ordered 


483 


REBELLION  RECORD,   1862-63. 


A  body  of  the  enemy  succeeded  in  crossing 
the  pond  below  the  dam,  and  were  in  our  lower 
rifle-pits.  Colonel  McKinney,  of  the  Fifteenth 
North-Carolina,  was  killed  while  gallantly  lead 
ing  his  regiment  to  repulse  them.  His  death,  and 
the  sudden  dash  of  the  enemy,  created  some  con 
fusion,  which  was,  however,  promptly  corrected 
by  General  Cobb,  who,  riding  in  among  the  men, 
they  recognized  his  voice  and  person,  and  prompt 
ly  retook  their  positions.  Colonel  Anderson's 
brigade  at  this  time  came  forward  most  oppor 
tunely,  and  the  Seventh  Georgia,  Colonel  Wilson, 
followed  by  the  Eighth,  Colonel  L.  M.  Lamar, 
charging  the  enemy  with  the  bayonet,  and  as 
sisted  by  the  Fifth  Louisiana  and  others,  drove 
them  back  across  the  pond,  killing  a  large  num 
ber.  A  few  minutes  after  this,  one  of  the  artil- 
Jery  pieces  was  reported  as  disabled,  and  I  or 
dered  up  a  section  of  Captain  Palmer's  battery, 
which  was  in  reserve  on  Lee's  farm,  and  Captain 
Thomas  Jeff.  Page,  of  the  Magruder  light  artil 
lery,  being  near  me,  offered  his  battery,  and  I 
directed  him  to  bring  it.  Soon  after  this,  the 
regiments  I  had  ordered  forward  came  rapidly 
up.  The  Tenth  Louisiana,  Colonel  Marigny,  was 
ordered  to  the  main  point  of  attack,  and  the  oth 
ers  halted  within  a  few  hundred  yards.  Captain 
Page's  and  Captain  Palmer's  batteries  came  dash 
ing  forward  at  full  speed,  and  I  felt  my  position 
secure.  The  firing  ceased  as  night  came  on,  and 
the  assault  was  not  renewed. 

I  refer  you  to  the  reports  of  General  Cobb,  and 
of  Colonels  Levy,  Bryan,  T.  R.  R.  Cobb,  Lamar, 
and  AVllson,  and  of  Captain  Stanley,  of  the  Troupe 
artillery,  Cobb's  Legion,  accompanying  this,  for 
further  particulars,  and  for  their  notice  of  indi 
vidual  merit.  In  the  death  of  Colonel  McKinney 
the  service  has  lost  one  who  was  pure  in  all  his 
thoughts  and  just  in  all  his  acts.  A  brave  and 
skilful  officer,  who,  in  his  death,  as  in  his  life, 
reflected  honor  upon  both  his  native  and  his 
adopted  State,  and  illustrated  the  Christian  gen 
tleman. 

Major  James  M.  Goggin,  A.  A.  and  Inspector- 
General,  Major  A.  H.  McLaws,  Dr.  Master,  Capt. 
Mclntosh,  A.  A.  General,  and  Lieutenant  Tuck 
er,  Aid-de-Camp,  were  with  me,  and  were  of  signal 
service.  Very  respectfully,  T.  McLAws, 

Brigadier-General  Commanding. 

REPORT  OP  COL.  WM.  M.  LEVY. 
CAMP  OF  SECOND  LOUISIANA  REGIMENT  VOLS.,  | 
DAM  No.  1,  April  18,  1862.      j 

To  Capt.  James  Bann,  Assistant  Adjutant- Gen 
eral  Brigade : 

SIR  :  On  the  sixteenth  instant,  at  about  eight 
o'clock  A.M.,  the  enemy  appeared  in  considerable 
force  in  the  woods,  and  rear  portion  of  Gannon's 
field,  opposite  the  position  occupied  by  the  Second 
Louisiana  regiment.  In  a  few  minutes,  two 
pieces  of  artillery  were  put  in  position,  and  open 
ed  a  fire  of  si  ell  upon  us.  This  was  briskly  re 
plied  to  by  the  six-pounder  field-piece  of  the 
Troupe  artillery,  belonging  to  Colonel  Cobb's 
Georgia  legion,  and  by  a  few  shots  from  the 
twelve-pounder  howitzer,  (Captain  Jordan's  bat 
tery.)  During  the  morning,  and  up  to  about  three 


o'clock,  sharp  artillery  firing  was  kept  up  on 
both  sides,  and  the  infantry  were  engaged  in 
skirmishing  at  pretty  long  range. 

A  little  after  three  o'clock,  the  enemy  brought 
up  more  artillery,  and  displayed  six  pieces  (two 
rifled  Parrott)  and  opened  a  furious  cannonade, 
which  they  kept  up  with  scarcely  the  slightest 
intermission  for  three  hours.  While  showering 
their  shell  upon  us,  a  bold  rush  was  made  across 
the  river,  or  creek,  by  a  considerable  body  of  the 
enemy's  infantry,  who  suddenly  dashed  through 
the  water,  and,  under  cover  of  the  woods,  reach 
ed  the  rifle-pits,  in  front  of  the  position  of  the 
Fifteenth  North-Carolina  regiment.  This  regi 
ment,  with  the  exception  of  its  picket,  was  at 
work  intrenching  its  camp  ;  and  while  leading 
his  men  to  charge  the  enemy,  Colonel  McKinney 
fell  and  died  instantly,  gallantly  pressing  forward 
at  the  head  of  his  command.  The  unfortunate 
death  of  Colonel  McKinney  threw  the  Fifteenth 
into  momentary  confusion,  and  the  enemy  was 
then  at  the  rifle-pits,  and  about  to  cross  them. 
At  this  time  companies  B  (Captain  A.  H.  Mar 
tin)  and  D  (Captain  R.  E.  Burke)  of  the  Second 
Louisiana  regiment,  under  the  direction  of  Major 
Norwood,  of  that  regiment,  threw  themselves 
from  their  position  at  the  redoubt  and  curtain  at 
the  crest  of  the  hill,  and  attacked  the  enemy 
along  the  left  of  the  rifle-pits,  while  the  Seventh 
Georgia  vigorously  attacked  them  along  the  rest 
of  the  line,  and  the  Eighth  Georgia  came  up  on 
the  right  of  the  Seventh  Georgia.  Company  I 
(Captain  Flournoy)  and  company  K  (Captain 
Kelso)  Second  Louisiana  regiment,  stationed  at 
the  lower  redoubt,  near  Dam  No.  1,  opened  fire 
upon  the  enemy  from  their  position,  at  the  re 
doubt.  The  rapid  and  vigorous  attack  of  our 
troops  at  once  checked  the  enemy,  and  in  a  few 
minutes  they  precipitately  retreated,  recrossed 
the  creek,  and  sought  shelter  from  the  havoc 
which  pursued  them,  under  cover  of  their  field- 
pieces. 

Shortly  afterward,  the  movements  of  the  ene 
my  showed  that,  with  a  larger  force,  they  intend 
ed  to  renew  their  effort  to  break  our  lines  ;  and, 
with  a  largely  increased  force,  they  again  at 
tempted  to  cross,  but  were  speedily  repulsed,  re 
treating  in  disorder.  I  have  no  means  of  ascer 
taining  the  number  of  killed  and  wounded  on  the 
part  of  the  enemy,  but  from  the  bodies  left  on 
this  side,  and  the  removal,  from  the  field  on  the 
other  side,  of  bodies,  I  am  certain  it  must  have 
amounted  to  at  least  two  hundred. 

I  cannot  refrain  from  mentioning  that,  as  fall 
ing  under  my  immediate  observation,  while  the 
conduct  of  all  our  troops  was  most  satisfactory, 
the  Seventh  Georgia  regiment,  the  section  of  the 
Troupe  artillery,  (Captain  Stanley,)  and  the  com 
panies  of  the  Second  Louisiana  regiment,  which 
I  have  enumerated,  manifested  the  most  praise 
worthy  alacrity  and  intrepidity. 

After  this  second  repulse,  the  enemy  retired 
their  infantry  from  the  field,  and  night  coming 
on,  the  contest  ceased,  leaving  us  in  full  posses 
sion  of  our  position,  from  which  we  had  not 
moved  except  to  drive  back  and  pursue  the  ene 


DOCUMENTS. 


489 


my,  nnd  in  the  enjoyment  of  the  pleasing  know 
ledge  that  we  had  repulsed  a  foe  largely  exceed 
ing  us  in  numbers. 

I  have  the  honor  to  remain,  sir,  very  respect 
fully,  your  obedient  servant, 

WILLIAM  M.  LEVY, 

Colonel  Commanding  Second  La.  Regiment  and  Dam  No.  1. 

REPORT  OF  COLONEL  GOODE  BRYAN. 

BIVOUAC  SALLIE  FERIGG'S,  » 

SIXTEENTH  GEORGIA  REGIMENT,  April  19, 1862.  f 

Captain  John  A.  Cobb,  A.  A.  General: 

SIR  :  1  have  the  honor  to  report  that  on  the 
morning  of  the  sixteenth,  under  orders  from  head 
quarters  Second  brigade,  company  D,  (Captain 
Montgomery,)  of  this  regiment,  was  sent  to  rifle- 
pits  of  Fifteenth  North-Carolina  regiment  to  act 
as  sharp-shooters,  and  protect  a  working  party 
of  that  regiment.  About  half-past  three  o'clock, 
heavy  firing  being  heard  in  that  direction,  the 
Sixteenth  Georgia  regiment  advanced  and  took 
position  in  the  trenches,  on  the  right  of  the  bat 
tery  opposite  Dam  No.  One,  at  which  point  a 
considerable  force  of  the  enemy  had  crossed  and 
occupied  our  rifle-pits.  They  were  soon  driven 
back  across  this  by  the  Fifteenth  North-Carolina, 
Seventh  Georgia,  and  a  portion  of  the  Sixteenth 
Georgia  regiment,  stationed  near  the  dam.  A 
heavy  fire  was  kept  up  by  the  North-Carolina 
Seventh  and  Sixteenth  Georgia  regiments  until 
dark,  at  which  time  the  enemy  retired.  I  can 
not  close  this  report  without  an  expression  of 
great  gratification  in  the  coolness  and  gallantry 
displayed  by  both  officers  and  men  of  my  com 
mand  during  the  engagement,  and  particular  men 
tion  should  be  made  of  Captain  Montgomery,  of 
company  D.  Being  down  from  the  rifle-pits  with 
only  three  of  his  men,  (the  others  being  deployed 
as  skirmishers,)  he  gave  warning  to  the  Fifteenth 
North-Carolina  of  the  advance  of  the  enemy,  and 
joining  that  regiment  with  the  few  men  of  his 
company  that  could  be  collected,  charged  with 
that  command  and  drove  the  enemy  from  their 
pits. 

I  am,  sir,  your  obedient  servant, 

GOODE  BRYAN, 

Colonel  Sixteenth  Georgia  Regiment. 

REPORT  OF  LIEUTENANT-COLONEL  IHUE. 

HEADQUARTERS  FIFTEENTH  REGIMENT  N.  C.  V.,  ) 
NEAR  LEE'S  FARM,  April  19,  1862.  J 

John  A.  Cobb,  A.  A.  General  : 

I  hereby  transmit  a  report  of  the  action  of  the 
Fifteenth  North-Carolina  volunteers,  in  the  en 
gagement  of  the  sixteenth  instant,  near  Dam  No. 
One,  on  Warwick  Creek. 

On  the  morning  of  the  sixteenth,  cannonading 
along  the  line  toward  Wynn's  Mill,  and  also  some 
of  the  enemy's  guns  being  brought  to  bear  upon 
our  batteries  at  Dam  No.  One,  and  as  the  day 
progressed  other  indications  of  an  attack  by  the 
enemy  upon  our  line,  induced  Colonel  McKinney 
to  call  the  regiment  into  line  on  the  military  road 
running  in  front  of  where  the  regiment  was  lying. 

About  ten  o'clock  A.M.,  calling  in  a  working 
party  of  a  hundred  men,  and  keeping  the  regi 
ment  in  this  state  of  readiness  for  two  hours  or 


more,  he  ordered  the  arms  stacked,  and  had  the 
whole  regiment  detailed  for  work  upon  a  heavy 
intrenchment,  which  he  had  been  ordered  to  have 
erected  in  front  of  the  encampment,  and  about 
two  hundred  yards  in  the  rear  of  the  rifle-pita 
skirting  the  water  thrown  back  by  Dam  No.  One, 
making  arrangements  for  carrying  on  the  work 
the  whole  of  the  ensuing  night.  Our  pickets 
were  in  front  of  the  rifle-pits,  close  along  tho 
water's  edge.  From  the  best  information  I  have, 
at  the  point  where  the  enemy  charged  the  depth 
of  the  water  was  about  four  feet,  and  its  width 
from  one  hundred  and  fifty  to  two  hundred  yards, 
and  covered  with  heavy  timber  and  thick  under 
growth. 

About  three  o'clock  P.M.,  the  regiment  being 
engaged  upon  the  works  alluded  to,  the  pickets 
gave  the  alarm  that  the  enemy  were  charging 
rapidly  across  the  water  and  making  to  our  rifle- 
pits.  The  regiment  was  immediately  thrown 
into  line  of  battle,  and  being  ordered  by  Colonel 
McKinney,  advanced  at  a  double-quick  and  with 
a  yell  upon  the  enemy,  who  had  taken  partial 
shelter  behind  the  earth  thrown  from  our  pits 
before  the  regiment  could  reach  them,  and  open 
ed  a  terrible  fire  upon  us  as  we  advanced.  Their 
fire  was  returned  with  promptness  and  with  dead 
ly  effect  upon  the  enemy.  Volley  after  volley  in 
rapid  succession  immediately  followed  from  both 
sides,  amidst  which  Colonel  McKinney  gallantly 
fell,  in  the  early  part  of  the  engagement,  shot 
through  the  forehead.  He  fell  near  the  centre 
of  the  line,  and  his  death  was  not  known  to  either 
officers  or  men  for  some  time  after  it  occurred, 
and  a  deadly  fire  was  kept  up  by  both  sides  till 
about  five  o'clock  P.M. 

Not  knowing  the  strength  of  the  enemy  at  the 
commencement  of  the  engagement,  Colonel  Mc 
Kinney  despatched  an  orderly  to  Brigadier- Gene 
ral  Cobb  for  reinforcements,  and  after  having 
been  engaged  in  close  conflict,  the  enemy  having 
given  way  on  our  right,  the  Seventh  Georgia 
regiment,  under  Colonel  Wilson,  came  to  our  as 
sistance,  and  at  this  moment  the  enemy  gave  way 
in  precipitate  retreat,  and  did  not  again  rally  at 
any  point  on  our  line. 

The  regiment  had  about  five  hundred  men  en 
gaged.  I  have  no  means  of  definitely  ascertain 
ing  the  force  of  the  enemy,  but  it  must  have  been 
superior  to  ours.  Prisoners  report  that  they  be 
longed  to  the  Third  Vermont  regiment,  com 
manded  by  Colonel  Hyde.  We  captured  eight 
of  them.  The  number  of  killed  of  the  enemy, 
in  front  of  where  the  regiment  was  engaged,  has 
been  ascertained  to  be  thirty.  How  many  fell 
in  the  water  is  not  known.  Our  loss  in  killed 
is  as  follows : 

Colonel  R.  M.  McKinney. 

Privates  William  Yandles,  of  company  B ;  Jo- 
seph  Tonery  and  William  Finch,  of  company  D ; 
and  Francis  Gilbert,  of  company  F;  Sergeant  H. 
M.  Clendenin,  and  privates  Elmsley  Steel  and 
Hardy  Wood,  of  company  H ;  private  J.  II.  Par 
ker,  of  company  I ;  private  William  Boon,  of  com 
pany  K ;  and  privates  J.  S.  Foushee  and  M.  H. 
Bennett,  of  company  K ;  making  in  all  twelve  men. 


490 


REBELLION  RECORD,  1862-63. 


The  wounded  are  as  follows  : 

Captain  Samuel  T.  Stancell,  of  company  A, 
Sergeant  A.  V.  Helms,  mortally ;  Corporal  B.  G. 
Coon,  and  privates  Thomas  Mills,  (since  died,) 
Francis  Cuthbertson,  AY.  C.  Wolf,  and  F.  R.  Bare- 
man,  of  company  B ;  private  Joseph  Downs,  (since 
dead,)  of  company  D  ;  private  John  Sherrod,  of 
company  E  ;  privates  William  A.  Averaand  John 
McDonald,  and  Francis  Morrison,  of  company  F  ; 
private  Samuel  D.  Gordon,  of  company  G ;  pri 
vates  W.  G.  C.  Bradshaw,  C.  C.  McMurrey,  John 
T.  Ray,  W.  H.  Guthrie,  and  Fred.  R.  Marze,  of 
company  H  ;  private  R.  S.  Green,  of  company  I ; 
Second  Lieutenant  J.  J.  Reid,  Sergeants  R.  W. 
Thomas,  S.  H.  Griffin,  and  J.  B.  Armstrong ;  Cor 
porals  John  Dillard  and  W.  Thompson,  (since 
dead ;)  privates  S.  R.  Milliard,  J.  W.  T.  Melton, 
J.  W.  Bates,  and  J.  H.  Freeman,  of  company  K ; 
Second  Lieutenant  J.  L.  Merritt,  and  private  S. 
M.  Riggshee,  of  company  K ;  making  in  all  thirty- 
one. 

T  regret  that  I  cannot  make  a  more  detailed  re 
port  of  the  engagement  and  its  incidents,  under 
present  circumstances. 

Too  much  cannot  be  said  in  commendation  of 
the  gallant  bearing  of  both  officers  and  men,  un 
der  a  terrific  fire  of  musketry  for  the  space  of 
two  hours,  and  the  fate  of  the  gallant  dead  call 
the  living  to  other  deeds  of  daring  for  their  coun 
try's  cause. 

It  is  with  peculiarly  deep  feelings  of  regret  that 
I  report  the  death  of  Colonel  Robert  M.  McKin- 
ney,  a  conscientious,  brave,  just,  and  skilful  offi 
cer,  and  a  Christian  gentleman. 

Your  obedient  servant, 

P.  R.  IHUE, 

Lieutenant-Colonel  Commanding. 

To  Brigadier-General  HOWELL  COBB, 

Commanding  Second  Brigade,  Second  Division. 

H.  A.  DOWD, 

Adjutant. 

REPORT  OF  COL.  H.  C.  CABELL. 

May  10, 1862. 

To  Major-  General  J.  B.  Magruder : 

GENERAL  :  I  have  the  honor  to  submit  the  fol 
lowing  report  of  the  artillery  under  my  com 
mand,  from  the  fifth  of  April  till  the  evacuation 
of  the  Peninsula.  Our  line  of  defence  consisted 
of  the  fortifications  at  Yorktown,  the  redoubts, 
Nos.  Four  and  Five,  near  Yorktown,  and  the  line 
of  the  head-waters  of  Warwick  River,  and  the 
Warwick  River  itself.  The  narrow  peninsula, 
formed  by  the  junction  of  the  Warwick  and  the 
James  Rivers,  was  abandoned  up  to  a  point  about 
five  miles  from  the  mouth  of  Warwick  River,  and 
at  this  point,  called  Minor's  Farm,  a  series  of  re 
doubts,  extending  from  the  right  bank  of  this 
river,  nearly  to  Mulberry  Island  Fort,  were  con 
structed  to  check  any  assault  of  the  enemy  upon 
our  right  flank,  coming  up  by  the  way  of  Land's 
End.  The  Warwick  River  had  also  obstructions 
placed  in  it  to  prevent  the  approach  of  the  ene 
my's  gunboats  up  this  river,  and  we  were  further 
protected  by  our  gunboat  Teazer,  which  was 
placed  near  the  mouth  of  the  Warwick.  From 
the  topography  of  the  ground  it  was  absolutely 


necessary  to  occupy  the  whole  of  this  line  in  the 
then  condition  of  our  forces.  Our  forces  were  so 
few  in  number  that  it  was  essential  to  the  safety 
of  the  command  that  the  whole  should  be  defend 
ed,  as  the  breaking  of  our  lines  at  any  point 
would  necessarily  have  been  attended  by  the 
most  disastrous  results  ;  the  centre  broken  or  our 
flank  turned,  compelling  a  precipitate  retreat  to 
Yorktown  or  Mulberry  Island,  to  stand  a  siege  of 
the  enemy's  land  force,  assisted  by  the  whole 
naval  force,  with  but  little  prospect  of  relief  or 
reinforcements,  when  the  enemy  occupied  the 
intermediate  country.  The  left  bank  of  the  York 
River  was  protected'  by  the  fortifications  at  Glou 
cester  Point.  The  force  of  infantry  was  very 
small.  The  cavalry  consisted  of  one  and  a  half 
regiments.  The  artillery  force  was  very  large. 
Heavy  guns  were  mounted  at  Gloucester  Point, 
at  Yorktown,  at  Redoubt  Number  Four,  and  at 
Mulberry  Island.  From  deserters,  prisoners,  and 
other  sources,  we  were  convinced  that  the  enemy 
was  advancing  in  very  large  force.  He  had  been 
collecting  his  troops  and  munitions  of  war  for 
several  weeks,  and  it  was  certain  that  he  would 
commence  his  march  with  a  vastly  superior  force. 
Our  advanced  regiments  retired  before  the  ene 
my,  according  to  orders,  and  took  their  positions 
upon  and  in  rear  of  the  Warwick  River  line,  in 
perfect  order.  Reinforcements  had  been  promis 
ed  us  from  Richrrond,  and  the  determination  of 
the  commanding  general  to  defend  the  position 
against  assault,  met  the  cordial  approval  and  co 
operation  of  the  army  of  the  Peninsula,  Three 
roads  led  up  from  the  Peninsula,  and  crossed  the 
line  of  our  defences.  The  first  on  our  right  was 
the  Warwick  road,  that  crossed  at  Lee's  Mill. 
The  second  crossed  at  Wynn's  Mill,  and  the  third 
was  commanded  by  the  Redoubts  Numbers  Four 
and  Five,  near  Yorktown.  The  crossing  at  Lee's 
Mill  was  naturally  strong,  and  fortifications  had 
been  erected  there  and  at  Wynne's  Mill.  Below 
Lee's  Mill  the  Warwick  River,  affected  by  the 
tides  and  assisted  by  swamps  on  each  side,  form 
ed  a  tolerable  protection,  but  the  marshes  could 
easily  be  made  passable,  and  the  river  bridged. 
Between  Lee's  Mill  and  Wynne's  Mill,  an  unbro 
ken  forest  extended  on  the  right  bank  of  the 
stream,  a  distance  of  about  three  miles.  Two 
additional  dams  were  constructed,  the  one,  Dam 
Number  One,  nearest  to  Wynne's  Mill,  the  outer, 
Dam  Number  Two. 

A  dam,  called  the  Upper  Dam,  was  construct 
ed  in  the  stream  above  Wynne's  Mill.  This  de 
tailed  description  of  the  line  of  defence  seems 
necessary  to  explain  the  positions  of  the  artillery 
of  the  Peninsula.  The  whole  force  of  artillery 
were  placed  in  position.  Captain  Young's  bat 
tery  and  a  portion  of  Major  —  -  battery,  occu 
pied  Minor's  Farm.  A  twelve-pounder  of  Capt 
Cosnihan's  and  a  Parrott  piece  of  Captain  Sands' s, 
under  the  command  of  Lieutenant  Ritter,  were 
placed  in  the  extreme  right  redoubt  at  Lee's  Mill, 
the  battery  under  the  charge  of  Captain  Cosnihan. 
Captain  Sands' s  three  pieces,  and  Captains  Gar- 
rett's  and  Read's  battery,  each  consisting  of  three 
pieces,  occupied  the  remaining  positions  at  Lee'a 


DOCUMENTS. 


491 


Mill.  One  gun  of  Captain  Nelson's  battery,  un 
der  the  command  of  Lieutenant  Nelson,  was 
placed  at  Dam  Number  One.  (The  Donaldson- 
ville  battery)  six  pieces,  Captain  Moran,  Captain 
Macon's  battery  (the  Fayette  artillery)  six  pieces, 
three  pieces  of  the  howitzers,  Captain  Herdnall, 
ind  a  portion  of  Captain  Southall's  battery,  were 
stationed  at  Wynne's  Mill.  A  piece  of  Captain 
flerdnall's,  and  a  piece  of  Captain  Southall's  ar- 
jillery  were  placed  at  the  Upper  Dam.  Captains 
Smith's,  Armistead's,  Richardson's,  and  Page's, 
and  the  remaining  pieces  of  Captain  Nelson's  and 
Southall's  batteries,  occupied  positions  at  Re 
doubts,  Numbers  Four  and  Five,  the  curtain  con 
necting  these  redoubts,  Yorktown,  and  the  inter 
mediate  positions.  The  enemy  came  up  and 
opened  fire,  upon  the  morning  of  the  fifth  of  April. 
From  that  time  till  our  evacuation  of  the  Penin 
sula,  the  firing  was  continued  with  slight  inter 
missions.  I  have  been  thus  particular  in  noticing 
che  batteries  in  position  on  the  fifth  of  April,  be- 
;ause  I  think  it  due  to  all  who  first  stare  the 
idvance  of  the  enemy,  in  force  at  least  seven 
imes  greater  than  ours,  and  confident  in  superior 
numbers,  should  have  a  place  in  this  report.  It 
u  a  tribute  due.  to  their  courage,  firmness,  and 
^itriotic  purpose  to  defend  our  position  to  the 
kst,  no  matter  in  what  superior  numbers  he 
sl.ould  come.  The  defence  was  gallantly  and 
most  successfully  made,  and  our  pieces  all  along 
the  line  from  Minor's  Farm  to  Yorktown  were 
fired  at  the  enemy.  My  duties  called  me  along 
the  whole  lines,  and  I  can  bear  willing  testimony 
to  the  bravery  of  the  infantry  and  cavalry,  all  of 
whom  were  acting  as  skirmishers  along  the  line. 
"Wherever  the  enemy  appeared,  and  they  appear 
ed  all  along  the  lines,  our  musket  and  artillery 
opened  upon  them.  The  enemy  after  a  few  days 
seemed  to  change  their  purpose  of  breaking  our 
lines  by  assault,  and  commenced  to  erect  batter 
ies  in  front  of  our  lines.  They  seemed  determin 
ed  to  forego  the  gallant  charge,  and  resort  to  the 
spade  and  their  rifled  guns,  under  the  cover  of 
intrenchments,  to  dislodge  us  from  our  position. 
No  other  course  afforded  a  more  ennobling  tri 
bute  to  our  small  force,  or  a  more  damaging  slur 
upon  the  boasted  arrogance  of  the  enemy.  On 
the  sixteenth  of  April,  General  McClellan  laid 
aside  his  "  ill-timed  prudence,"  and  ventured  an 
assault  av  Dam  Number  One,  one  of  the  weakest 
positions  on  our  line.  It  was  of  great  danger  and 
consummate  importance  to  us.  A  small  clearing 
in  the  woods  had  been  made  on  the  one  side, 
opening  upon  a  large  field  upon  the  other.  The 
cleared  spa,.5e  did  not  permit  us  to  employ  but 
few  guns  at  this  position. 

The  enemy  had  erected  three  batteries,  and 
opened  upon  us  with  a  converging  fire  of  sixteen 
guns.  A  twenty -four  pounder  howitzer  of  Cap 
tain  Enders's  battery  occupied  the  front  and 
most  exposed  position,  immediately  at  Dam  No. 
One.  Two  pieces  of  the  Troupe  artillery  (Cap 
tain  Stanley)  occupied  positions  at  the  left  and 
right  redoubts,  about  two  hundred  yards  to  the 
rear,  upon  rising  ground.  The  enemy  made  an 
assault  in  force  upon  this  position,  and  attempted 


to  cross.  I  refer  to  the  reports  of  Captain  Stan 
ley  and  Captain  Jordan  for  a  detailed  account  of 
their  conduct  in  the  fight.  The  charge  was  sig 
nally  repulsed  by  our  infantry.  Our  artillery 
did  all  that  could  be  done  in  sustaining  our  in 
fantry  force  and  dispersing  the  enemy.  It  gives 
me  great  pleasure  to  bear  tribute  to  the  alacrity 
with  which  Captain  Page  and  Captain  Palmer 
hurried  up  to  this  position  when  sent  for  by  me. 
It  was  a  critical  point  in  the  engagement,  but  by 
the  daring  assaults  of  our  infantry  the  enemy 
were  quickly  dispersed,  before  their  guns  could 
be  brought  up.  After  this  signal  repulse  no  fur 
ther  assault  was  made  on  our  lines.  But  the  fire 
of  the  enemy  was  incessant  from  artillery  and 
musketry.  During  this  time  our  artillery  had  to 
be  changed  frequently  at  Dam  No.  One.  Thia 
position  was  occupied  by  four  pieces  of  Captain 
Rosser's  battery,  Captain  Richardson's  battery, 
a  section  of  Captain  Palmer's  howitzers,  and  a 
section  of  Captain  Rogers' s  battery,  at  the  re 
doubt  to  the  right  of  Dam  No.  One.  The  posi 
tions  of  the  artillery  had  also  to  be  shifted  at 
other  points.  All  these  movements  were  made 
at  night,  necessarily. 

I  was  much  indebted  to  Lieutenant-Colonel 
Brown  for  his  disposition  of  the  batteries  of  the 
left  flank.  His  report  will  give  a  more  detailed 
account  of  these  batteries,  as  my  supervision  over 
them  ceased  upon  the  arrival  of  General  Pendle- 
ton,  Chief  of  Artillery,  on  General  Johnston's 
staff,  and  was  confined  necessarily  to  the  com 
mand  of  Major-General  Magruder.  Up  to  that 
time  I  witnessed  the  courage  and  skill  they  dis 
played.  Captain  Stanard's  battery  arrived,  and 
was  placed  in  position  below  Lee's  Mill,  on  the 
eighth  of  April ;  Captain  Kemper's  battery  arrived 
a  few  days  after,  and  was  also  put  in  position. 

From  the  fifth  of  April  to  the  of  , 

many  of  our  batteries  were  not  once  relieved. 
Until  reserves  came,  relief  was  impossible,  yet 
officers  and  men  exhibited  as  much  perseverance 
and  ability  to  bear  exposure  and  labor  without 
murmur,  as  they  did  courage  in  resisting  the  ene 
my.  Our  defences,  which  were  as  strong  as  they 
could  be  made  by  the  limited  force  at  your  com 
mand,  were  necessarily  extremely  imperfect,  and 
much  work  had  to  be  done  after  the  enemy  was 
upon  us.  But  our  men  held  their  positions  while 
our  works  were  being  perfected,  and  until  a  suffi 
cient  force  arrived  to  make  us  secure. 

The  God  of  battles,  that  ever  sides  with  a  just 
cause,  and  a  wise  disposition  of  our  forces,  and 
courage  and  discipline  of  our  army,  has  insured 
us  one  of  the  most  gallant  defences  against  appar 
ently  overwhelming  numbers  that  history  gives 
any  record  of. 

The  fidelity  and  promptness  with  which  my 
orderlies,  Wm.  0.  Duke,  of  the  Richmond  Fay 
ette  artillery,  and  ,  of  the  Charles  City 
troop,  conveyed  my  orders,  deserve  attention. 

I  cannot  close  this  report  without  calling  at 
tention  to  the  batteries  of  light  and  heavy  artil 
lery  in  the  several  garrisons  of  Gloucester  Point, 
Yorktown,  and  Mulberry  Island.  The  very  small 
force  constituting  the  army  of  the  Peninsi  .la,  on 


492 


REBELLION  RECORD,  1862-68. 


the  fifth  of  April,  required  the  withdrawal  of  the 
whole  infantry  and  cavalry  force  from  Gloucester 
Point,  to  move  the  line  of  defence  between  the 
York  and  James  Rivers.  The  heavy  artillery 
was  thus  left  without  any  support  for  several 
days,  and  most  nobly  and  efficiently  did  they 
maintain  their  position.  When  the  line  of  de 
fence  was  contracted,  Mulberry  Island  was  thrown 
out  of  the  lines  of  defence  several  miles,  to  stand, 
if  necessary,  a  siege.  Captain  Garrett's  and 
Young's  batteries  were  withdrawn  to  this  fort, 
thus  isolated.  The  efficiency  and  skill  of  the 
cannoneers  at  Yorktown  were  attested  during  the 
whole  defence.  The  firing  was  continued  until 
two  o'clock  at  night,  the  night  of  the  evacuation, 
by  which  time  many  of  our  troops  had  arrived  at 
Williamsburgh.  The  skill  and  efficiency  of  our 
cannoneers  was  not  only  attested  by  my  own  ob 
servation,  but  by  the  accounts  that  have  been 
published  in  the  Northern  papers.  I  ascribe  their 
superior  efficiency  to  the  entire  calmness  and  cour 
age  of  our  cannoneers,  and  their  superior  intelli 
gence.  They  have  had  but  little  opportunity  for 
practising,  though  they  have  been  taught  the  prin 
ciples  and  science' of  firing.  Their  entire  self- 
possession,  united  with  courage,  intelligence,  and 
patriotic  zeal,  enabled  them  to  practise  the  best 
rule  for  firing,  "fire  with  deliberate  promptness," 
and  insure  their  success. 

I  beg  leave  particularly  to  call  attention  to  the 
efficiency  of  Lieutenant  Wm.  B.  Jones,  who  act 
ed  most  efficiently  as  my  adjutant  during  the 
greater  portion  of  the  defence,  and  of  my  Adjutant 
Kichard  M.  Tenable,  who  relieved  him  from  duty 
to  enable  Lieutenant  Jones  to  return  to  his  com 
pany,  all  the  other  officers  having  become  inca 
pacitated  from  service  by  arduous  and  constant 
exposure  at  the  batteries.  I  deeply  regret  to  have 
to  state  that  one  of  these  officers,  Lieutenant 
Shields,  a  gallant  and  chivalrous  spirit,  who  had 
distinguished  himself  in  action,  has  since  died. 
Very  respectfully, 

II.  C.  CABELL, 

Colonel  First  Regiment  Artillery,  and  Chief  of  Artillery. 
REPORT  OF  CAPTAIN  M.  STANLEY. 

To  Colonel  T.  R.  R.  Cobb,  Commanding  Georgia 

Legion : 

COLONEL  :  I  have  the  honor  to  report  as  follows, 
in  reference  to  the  part  taken  by  the  battery  under 
my  command  (Troupe  artillery)  in  the  engage 
ment  of  the  sixteenth  instant,  at  Dam  Number 
One.  I  had  but  two  of  my  pieces  in  position  at 
that  point,  and  a  six-pounder  army  howitzer,  un 
der  Lieutenant  Lumpkin.  The  former  was  on 
the  right,  in  an  earthwork  of  but  little  strength, 
and  the  latter  in  an  earthwork,  somewhat  strong 
er,  on  the  left.  Both  works  are  unfortunately 
placed,  being  in  too  low  a  position  to  command 
the  field  on  the  opposite  side  of  the  dam.  Beside 
my  own  piece  one  other  was  there — a  twenty- 
four  pounder  iron  howitzer,  belonging  to  Captain 
Jordan's  battery — placed  behind  the  work  just  at 
the  dam,  and  in  a  position  to  command  scarcely 
more  than  the  dam  itself.  Our  horses,  in  charge  I 


of  their  drivers,  were  placed  in  a  bottom  to  the 
right  and  rear  of  our  position.  Our  twelve-pound 
howitzer  took  no  part  in  the  engagement,  because 
the  direction  of  the  enemy  was  such  that  it  could 
not  be  fired  without  endangering  the  lives  of  our 
own  men  in  the  intrenchrncnts  at  the  dam.  In 
front  of  the  dam,  on  the  opposite  side  from  us, 
is  a  broad  field  in  which  the  ground  rises  gra 
dually  from  the  water's  edge  to  the  crest  of  a  hill, 
six  hundred  or  seven  hundred  yards  distant,  and 
then  slopes  up  gradually  to  the  woods  beyond. 
This  conformation  gave  the  enemy  an  admirable 
position  in  which  to  place  his  artillery,  and  it  in 
dicates  how  unfortunate  for  us  is  the  position  of 
our  works,  and  of  the  dam  itself.  At  about  nine 
o'clock  A.M.  on  the  sixteenth  instant,  the  enemy 
brought  up,  under  cover  of  the  hill,  a  battery  ot 
six  pieces,  and  placed  them  just  beyond  the  crest, 
so  as  to  fire,  and  yet  be,  to  a  large  extent,  pro 
tected.  Judging  from  the  balls  thrown,  of  which 
a  large  number  have  been  gathered  up,  the  most 
of  their  guns  were  rifled.  There  were,  however, 
some  twelve-pounder  round  shell,  and  twelve- 
pounder  round  shot,  indicating  a  smooth  bore. 

Against  this  formidable  array,  the  only  piece 
which  could  be  used  with  any  effect,  or  without 
endangering  the  lives  of  our  men  near  the  dam, 
was  the  smooth-bore  six-pounder,  under  Lieuten 
ant  Pope.  For  several  hours  did  this  piece  main 
tain  the  unequal  conflict.  Captain  Jordan's  piece 
fired  a  few  rounds,  but,  from  its  disadvantageous 
position,  could  not  command  the  enemy's  posi 
tion,  and  therefore  exhibited  sound  judgment  in 
not  prolonging  its  fire. 

A  little  before  noon  there  was  a  mutual  cessa 
tion  of  the  fire.  Soon  after  dinner  the  conflict  was 
renewed.  An  attempt  was  made  by  the  enemy's 
infantry  to  carry  our  rifle-pits  by  fording  the 
stream  in  the  woods,  some  distance  below  the 
dam  ;  and  during  this  assault  the  fire  of  their  ar 
tillery  upon  our  works  was  terrific.  The  whole 
atmosphere  was  filled  with  the  exploding  shell 
and  shrapnel.  As  before,  the  piece  under  Lieu 
tenant  Pope  replied  steadily  and  effectively,  and 
not  until  the  cannoneers  were  exhausted  did  the 
firing  on  our  side  cease.  It  was  after  night  when 
the  conflict  closed. 

Though  several  of  my  men  were  struck  with 
fragments  of  shell  and  spent  Minie  balls,  and 
though  our  works  were  repeatedly  penetrated  by 
the  enemy's  shot,  not  one  behind  the  works  was 
seriously  injured. 

One  of  our  drivers,  W.  P.  Meeler,  a  brave  and 
faithful  young  man,  who  was  with  the  horses, 
had  his  right  leg  shot  off  below  the  knee  by  a  can 
non-ball.  Seven  of  our  horses  were  killed  in  the 
fight ;  five  of  them  by  Minie  balls  in  the  engage 
ment  of  the  infantry.  That  the  casualties  among 
my  men  were  so  few,  I  ascribe  to  the  merciful 
providence  of  Almighty  God. 

The  men,  with  hardly  an  exception,  exhibited 
great  coolness  and  courage. 

Although  the  howitzer  detachment  took  no  ac 
tive  part  in  the  conflict,  their  position  was  expos 
ed  to  a  very  fierce  fire. 


DOCUMENTS. 


493 


I  mention,  with  special  commendation,  Lieu 
tenant  A.  F.  Pope,  gunner  J.  F.  Dillard,  and  pri 
vate  J.  C.  Strickland. 

The  following,  also,  are  worthy  of  particular 
notice :  Sergeant  R.  K.  Pridgeon  and  privates  A. 
C.  Sorrell  and  George  B.  Atkinson. 

In  conclusion,  I  would  suggest  that  our  posi 
tion  at  Dam  Number  One  is  very  inferior  to  that 
of  the  enemy,  and  that  in  view  of  his  powerful 
and  numerous  artillery,  special  attention  be  given 
to  that  point. 

I  have  the  honor  to  be,  very  respectfully,  your 
obedient  servant,  M.  STANLEY, 

Captain  Commanding  Troupe  Artillery,  Georgia  Legion. 


Doc.  87. 
BATTLE   OF    FREDERICKTOWN,  MO.* 

CAPE  GIRARDEAU  "  EAGLE  "  ACCOUNT. 

POST-OFFICE,  CAPE  GIRARDEAU,  ) 
Oct.  28,  1861.      f 

Editor  of  the  Eagle  : 

HAVING  seen  so  many  false  representations 
of  the  battle  of  Fredericktown,  through  the  pub 
lic  press,  I  desired  an  officer  of  the  army  fa 
miliar  *^ith  all  the  facts,  to  furnish  me,  for 
publication,  a  narrative  of  the  expedition,  and 
an  account  of  the  battle,  which  I  herein  inclose 
you.  Captain  George  P.  Edgar,  Assistant  Ad 
jutant-General,  whose  name  has  been  suppress 
ed,  at  his  own  request,  in  this  narrative,  be 
haved  with  great  bravery,  and  signalized  him 
self  as  an  accomplished  officer.  Captain  Warner, 
our  worthy  Provost-Marshal,  mounted  a  stump, 
in  the  din  of  battle,  with  as  much  sang  fr old  as 
though  he  were  going  to  make  a  political  speech 
on  the  hustings,  and  made  a  "stump  speech," 
urging  his  men  to  the  bloody  conflict. 

There  is  no  question  that  all  of  Colonel  Plum- 
mer's  command,  both  officers  and  privates,  be 
haved  like  veteran  troops,  with  great  honor  to 
their  country  and  credit  to  themselves.  The  Flag 
was  not  suffered  to  trail,  nor  were  the  Stars  dim 
med.  But  let  the  officer  speak  fof  himself. 
Very  respectfully, 

J.  C.  BENNETT, 

Major  Tenth  Iowa  Vol.,  and  Postal  Director. 

AN   ACCOUNT   OP    THE   BATTLE,    BY    AN    OFFICER   OF 
THE    ARMY. 

On  the  seventeenth  of  October  orders  were  re 
ceived  by  Colonel  Plummer  to  take  steps  to  cut 
off  the  retreat  of  Jeff  Thompson  from  the  North. 
On  the  eighteenth,  at  six  o'clock  A.M.,  Colonel  J. 
B.  Plummer,  of  the  Eleventh  Missouri  volunteers, 
left  Cape  Girardeau  in  command  of  about  one 
thousand  five  hundred  men,  consisting  of  the 
Eleventh  Missouri  volunteers,  Lieutenant-Colonel 
Pennabaker  commanding,  Seventeenth  Illinois 
volunteers,  Colonel  Ross  commanding,  Twentieth 
Illinois  volunteers,  Colonel  Marsh  commanding,  a 
section  of  Taylor's  battery  of  Chicago  light  ar 
tillery  under  Lieutenant  White,  and  a  squadron 

*  See  page  220  Docs.  Vol.  III.  REBELLION  RECORD. 
S.  D.  32. 


of  cavalry,  commanded  by  Captain  Stewart.  Ar« 
riving  at  Cane  Creek,  about  fourteen  miles  dis« 
tant,  we  encamped  for  the  night ;  at  six  o'clock 
in  the  morning  of  the  nineteenth,  the  column  was 
in  motion  toward  Dallas,  eighteen  miles  distant, 
where  an  encampment  was  ordered.  This  place 
has  been  evacuated  by  most  of  the  male  inhabit 
ants,  as  nine  tenths  are  rebels.  The  postmaster 
was  in  town,  but  not  esteemed  sound  on  the 
Union  question,  the  post-office  and  all  valuables 
were  taken  possession  of  by  the  authorities. 

A  private  of  the  Twentieth  regiment  was  acci 
dentally  shot  by  leaning  his  head  upon  the  muzzle 
of  his  gun.  Notwithstanding  repeated  warnings 
soldiers  are  often  very  careless  in  the  use  of  their 
arms.  Here  we  heard  many  reports  as  to  Thomp 
son,  his  force,  and  whereabouts.  A  messenger 
sent  from  headquarters  on  the  river,  with  des 
patches  to  overtake  us,  was  shot  at  on  the  way 
from  Jackson.  By  daylight  on  the  twentieth  the 
camp  was  active  and  ere  sunrise  all  were  wending 
their  way  toward  the  anticipated  game,  which  was 
now  believed  to  be  at  or  near  Fredericktown.  After 
marching  twenty  miles — twelve  miles  from  the 
town — it  was  time  for  rest  until  another  day. 
Believing  the  enemy  very  near,  speculation  was 
rife  as  to  the  probability  of  securing  the  ranging 
terrors  of  South-East  Missouri,  for  Jeff  Thomp 
son  and  Lowe  were  the  parties  who  had  been  do 
ing  the  stealing  for  the  larger  and  more  respect 
able  portion  of  the  rebel  forces  further  South, 
about  New-Madrid  and  in  Kentucky.  An  attack 
upon  the  town  was  contemplated  the  next  day  by 
Colonel  Plummer's  forces,  with  intense  delight, 
as  it  was  believed  "Jeff"  had  intrenched  himself 
there.  All  retired  except  the  requisite  guards,  to 
await  in  slumber  the  dawn  of  the  day  that  was 
to  be  one  of  glory  to  many  and  of  defeat  and  dis 
may  to  others.  At  last  the  eventful  twenty-first 
day  of  October  dawned  upon  the  anxious  and 
fearless  command  from  Cape  Girardeau,  and  soon 
every  one  was  at  his  post  going  forward  to  what 
all  felt  confident  of — certain  victory.  The  column 
had  moved  forward  about  five  miles  when  the 
Colonel  was  informed  by  some  girls  that  some  of 
the  enemy  were  on  the  opposite  side  of  the  creek 
in  the  woods  upon  the  hill-side  counting  us.  In 
a  few  moments  they  were  seen  flying  in  every  di 
rection  by  Captain  A.  S.  Norton's  company  of  the 
Seventeenth  regiment,  which  were  deployed  as 
skirmishers  to  chase  them  from  sight  of  our  col 
umn.  Upon  our  march  we  heard  of  the  intercep 
tion  of  Sergeant  E.  Ryan,  of  Colonel  Ross's  rogi- 
ment,  who  left  our  camp  on  the  evening  of  the 
eighteenth  to  reach  Iron  ton  with  despatches.  The 
despatches  falling  into  the  hands  of  "  Jeff,"  noti 
fied  him  of  the  intention  of  Colonel  Plummer  to 
attempt  to  capture  him  on  Monday,  hence  his 
departure  from  the  town  the  day  before  we  ar 
rived,  which  was  a  great  disappointment  to  the 
boys,  who  now  felt  that  another  fruitless  chase 
after  the  nimble-legged  command  of  "Jeff"  was 
before  them.  By  order  of  Colonel  Plummer,  Col 
onel  Ross,  with  Captain  Stewart  and  his  gallant 
band  of  wild  cats,  as  "  Jeff's  "  friends  called  them, 
reconnoitred  the  town  closely  and  soon  returned 


494 


REBELLION  RECORD,  1862-63. 


a  message  that  our  friends  from  Ironton  possess 
ed  the  place.  We  advanced  and  at  about  twelve 
o'clock  entered  the  town.  Colonel  Plnmmer  im 
mediately  had  a  conference  with  Colonel  Carlin, 
who  had  arrived  in  command  of  the  forces  from 
the  West  about  nine  o'clock  A.M.,  and  being  un 
well,  had  retired  to  rest  for  a  while.  Colonel 
Plummer  was  for  an  immediate  pursuit  of  the 
enemy,  but  others  thought  it  a  vain  and  useless 
attempt.  Yet  the  indomitable  spirit  of  the  leader 
from  the  Cape  conquered,  and  at  five  minutes  past 
one  o'clock,  (only  an  hour  after  arriving  in  town, 
and  without  dinner,)  Colonel  Plummer,  with  his 
command  in  advance,  reenforced  by  Colonels  Ho- 
vey  and  Alexander's  regiments  of  infantry,  a  sec 
tion  of  Schofield's  battery  of  artillery,  under  Lieu 
tenant  Mitchell,  and  parts  of  six  companies  of  the 
First  Indiana  cavalry,  Major  Gavit  in  command, 
started  in  pursuit  of  the  renegade  and  his  bandit 
ti.  All  were  in  high  hopes  of  success ;  even  those 
that  remained  wished  us  success,  yet  said:  uYou 
will  not  find  him."  We  advanced,  and  about  a 
mile  from  the  court-house  in  the  suburbs,  the 
eagle  eye  of  the  wild-cat  (Captain  Stewart)  saw 
something  that  made  him  look  again,  and  then 
he  announced  to  Colonel  Ross  that  upon  a  certain 
hill  upon  the  left  of  our  front  was  a  masked  bat 
tery.  As  quickly  as  any  regular  of  the  old  army 
could  have  done  it,  the  Colonel  deploj^ed  his  skir 
mishers  and  reported  to  Colonel  Plummer,  who 
was  advancing  with  his  staff  and  escort  to  the 
head  of  the  column,  what  he  had  done,  which  was 
approved,  and  the  orders  given  to  the  Seventeenth 
to  forward  to  the  support  of  their  comrades,  then 
deployed.  After  a  few  moments'  reconnoitring, 
Colonel  Plummer  ordered  Lieutenant  White's  two 
pieces  in  position,  one  in  the  road,  and  the  other 
on  the  left  masked  in  a  corn-field.  We  opened 
fire,  and  after  two  well-directed  shots,  the  enemy 
answered,  and  soon  the  contest  was  commenced. 
White  continued  to  worry  the  enemy  very  much, 
as  they  seemed  to  be  quite  uneasy  within  range 
of  his  ably  managed  guns. 

The  Seventeenth,  Twentieth,  and  Eleventh  Mis 
souri  were  respectively  brought  in  the  front  of 
the  battle,  chargiosr  and  pursuing  the  enemy 
after  they  had  broken  th«tr  ranks.  Schofield's 
artillery  and  Colonel  Baker's  cavalry  were  active 
in  their  spheres  of  service.  The  whole  force  in 
action  was  warmly  and  gallantly  supported  by 
the  Thirty-eighth  Illinois,  Colonel  Carlin,  Thirty- 
third  Illinois,  Colonel  Hovey,  and  Twenty-first, 
Colonel  Alexander.  The  reserve  was  a  strong 
one,  for  the  noble  Eighth  of  Wisconsin,  Colonel 
Murphy,  remained  to  hold  the  town.  Colonel 
Carlin,  who  had  arrived  in  town  in  command  of 
the  forces  from  Ironton,  that  morning,  upon  be 
ing  aroused,  and  hearing  the  report  of  artillery, 
hastened  to  the  field,  and  reported  to  Colonel 
Plummer  in  person,  and  then  took  command  of 
his  own  regiment.  After  about  three  hours'  con 
flict,  the  enemy  were  pursued  by  Captain  Stew 
art's  cavalry  some  twelve  miles,  scattering  them 
like  chaff  before  the  wind.  Colonel  Baker's  cav 
alry  had  in  the  first  charge  given  them  a  taste  of 
Northern  steel  which  was  not  to  their  comfort  at 


all ;  and  now  to  be  followed  by  the  persistent 
Stewart,  was  rough  indeed.  By  dark,  all  the 
troops,  excepting  Stewart's  cavalry,  were  in  camn 
at  Fredericktown.  The  men  became  excited, 
owing  to  a  general  belief  that  the  position  of  the 
enemy  was  known  to  many  of  the  citizens,  who 
would  not  warn  us  of  danger.  So  the  passions  of 
our  troops  were  hard  to  control,  yet,  by  the  pos 
itive  orders  of  Colonel  Plummer,  the  streets  were 
cleared  of  troops  as  soon  as  practicable. 

About  noon  the  two  commands  united  under 
Colonel  Plummer,  for  the  pursuit  of  Jeff  Thomp 
son,  excepting  the  Thirty-eighth  Illinois,  Colonel 
Carlin,  a  section  of  Schofield's  battery,  and  a  few 
companies  of  Baker's  cavalry.  After  proceeding 
with  the  command  about  ten  miles,  a  heavy  scout 
ing  party  from  Colonel  Baker's  cavalry,  under 
Major  Wood,  was  sent  forward,  and  found  that  a 
farther  pursuit  was  useless,  whereupon  the  pur 
suit  was  abandoned,  and  the  commands  separated 
upon  their  return  to  Fredericktown,  each  going 
their  respective  directions  to  Cape  Girardeau  and 
Ironton.  Colonel  Plummer  left  with  his  com 
mand,  two  miles  east  of  Farmington,  on  Thurs 
day  morning  about  daylight,  and  arrived  at  the 
Cape  at  dark  on  Friday  evening.  The  loss  of  the 
enemy  must  have  been  at  least  two  hundred  and 
fifty  killed,  and  a  proportionate  number  wounded. 
Many  of  both  killed  and  wounded  were  removed 
in  wagons  by  the  enemy  during  the  battle.  So 
say  the  prisoners.  It  may  truly  be  added  that 
none  saw  the  commanding  officer  on  the  field, 
but  were  impressed  with  the  idea  that  he  knew 
his  business.  Valuable  assistance  was  rendered 
Colonel  Plummer  on  the  field  by  Major  Schofield, 
who  volunteered  his  services,  and  Captain  Tag- 
gart,  Lieutenant  Mitchell,  of  Campbell's  artillery, 
and  Lieutenant  Henry,  Quartermaster  of  the 
Eleventh  Missouri  volunteers,  who  were  appoint 
ed  his  aids  for  the  expedition.  In  the  death  of 
Major  Gavit  and  Captain  Hindman,  we  suffer  a 
severe  loss.  In  the  death  of  Lowe  the  enemy 
lost  their  life,  and  suffered  more  than  if  Jeff  had 
fallen. 

If  all  our  forces  are  of  such  material  as  the 
boys  that  comnosed  the  Cape  Girardeau  command 
proved  themselves,  then  we  have  nothing  to  fear 
in  future,  when  the  odds  are  not  too  great  against 
us. 


Doc.  88. 
BATTLE  AT  JAMES  ISLAND,  S.  C. 

REPORT  0¥  MAJOR-GENERAL  PEMBERTON. 

HEADQUARTERS  DEPARTMENT  SOUTH-CAROLINA  AND  GEORGIA,  } 
CHARLESTON,  June,  1862.         f 

To   General  S.    Cooper,  Adjutant  and  Inspector- 
General  : 

GENERAL  :  I  trust  it  will  not  be  considered  ir 
relevant  in  officially  reporting  the  action  of  the 
sixteenth  June,  1862,*  between  our  forces  and 
those  of  the  United  States,  on  James  Island,  to 
refer  briefly  to  the  connection  which  this  affair 

*  See  page  209  Docs.  Vol  V.  REBELLION  RKCOBD. 


DOCUMENTS. 


495 


had  with  certain  alterations  I  had  adopted  in  the 
plan  of  defence  established  prior  to  my  assign 
ment  to  the  command  of  this  department.  After 
a  thorough  personal  examination  of  Coles's  Island, 
its  defences  and  approaches,  I  was  convinced 
that  however  desirable  in  many  respects  it  might 
be  to  continue  its  occupation,  there  were  dis 
advantages  not  to  be  overcome.  With  the  means 
at  my  disposal,  I  deemed  it  therefore  essential  to 
the  safety  of  Charleston,  that  the  batteries  on 
Coles's  battery  island  should  be  transferred  to  a 
more  defensible  position  on  the  James  Island 
side  of  the  Stono  River. 

This  change  would  draw  in  our  lines  to  the 
best  supporting  distance,  and  compel  a  land 
attack  upon  our  intrenched  position  across  James 
Island,  flanked  on  the  right  by  the  proposed  fort 
on  the  Stono,  and  on  the  left  by  the  advanced 
work  at  Secession ville. 

This  design  was  carried  into  execution.  A 
strong  and  commanding  work  was  erected  on  the 
Stono,  completely  controlling  that  river  in  the 
direction  of  the  inlet  of  the  same  name,  as  well 
as  the  approach  through  North-Edisto  inlet,  on 
the  mouth  of  Wappo  Cut.  The  intrenched  lines 
to  the  east  of  James  Island  Creek  were  also 
greatly  strengthened  by  a  system  of  interior 
redoubts  and  redans. 

Early  in  May,  the  guns  were  removed  from 
Coles's  battery  island.  On  the  thirteenth  of  the 
same  month,  the  abduction  of  the  steamer  Plant 
er  by  her  negro  crew  gave  the  enemy  informa 
tion  of  the  abandonment  of  Coles's  Island.  The 
services  of  skilful  pilots  among  these  negroes 
were  immediately  availed  of,  and  the  enemy's 
gunboats  entered  the  river  about  the  seventeenth. 
Under  cover  of  their  fire,  he  commenced  landing 
his  troops  on  James  Island  on  the  second  June. 
His  force  was  gradually  increased,  until  it  was 
believed  to  have  amounted  to  from  ten  to  twelve 
thousand  of  all  arms.  Between  the  second  and 
fifteenth  June,  several  skirmishes  occurred, 
the  results  of  which  were  duly  reported  by  the 
immediate  commander,  and  the  reports  forward 
ed  to  the  War  Department.  The  enemy  kept  up 
at  intervals  a  heavy  fire  from  his  gunboats,  vary 
ing  from  five  to  eight  in  number,  against  Seces- 
sionville,  from  positions  on  the  Stono,  and  a 
branch  of  Folly  River,  as  also  from  a  land  bat 
tery  established  under  cover  of  his  boats  on  a 
point  distant  about  a  mile  from  our  own  battery 
at  Secessionville.  No  injury  was,  however,  done 
to  our  works.  One  man  was  killed  in  his  tent, 
and  several  wounded.  A  few  shells  were  thrown 
in  the  direction  of  the  new  fort  on  the  Stono  at 
long-range,  but  no  attempt  was  made  to  engage 
at  the  fort  a  less  distance  than  two  and  a  half 
miles. 

About  four  A.M.  on  the  sixteenth,  the  enemy 
drove  in  or  captured  our  pickets,  some  eight 
hundred  yards  in  front  of  the  battery  at  Seces 
sionville,  and  advancing  rapidly  upon  this  work 
in  line  of  battle,  arrived  within  a  few  hundred 
yards  of  it  before  our  guns  could  open  upon  him. 
To  the  culpable  negligence  of  the  pickets  is  to 
be  attributed  the  near  approach  of  the  enemy 


before  he  was  discovered.  The  men,  however, 
were  at  their  guns,  which  were  at  once  well  and 
rapidly  served.  Lieutenant-Colonel  Gaillard'a 
and  Smith's  battalions  (Charleston  and  Pee  Dee) 
were  moved  promptly  into  position  under  the 
orders  of  Colonel  J.  C.  Lamar,  the  heroic  com 
mander  of  the  post.  The  enemy  was  driven 
back  in  confusion,  and  with  great  loss.  A  second 
attempt,  after  he  had  received  reinforcements, 
met  with  a  similar  result,  and  a  third  was  equally 
unsuccessful. 

A  flank  movement  was  then  attempted  against 
the  right  of  the  battery,  but  was  repulsed  by  the 
Charleston  battalion,  aided  by  the  Louisiana 
battalion,  under  Lieutenant-Colonel  McEnery, 
which  had  been  promptly  despatched  by  Colonel 
Johnson  Hagood,  the  immediate  commander,  to 
the  support  of  Secessionville,  on  the  first  intima 
tion  of  the  enemy's  advance  upon  that  position, 
and  which  arrived  in  time  to  participate  in  the 
dangers  and  glory  of  this  admirable  repulse.  On 
the  evening  of  the  fifteenth,  I  directed  Brigadier- 
General  Evans  to  send  sufficient  reinforcements 
to  Secessionville  to  relieve  the  garrison  of  the 
arduous  duties  in  which  it  had  been  engaged  for 
a  number  of  days  previous.  A  detachment  of 
four  officers,  (Captain  J.  Jamison,  commanding,) 
and  one  hundred  men  of  Colonel  Goodlet's  Twen 
ty-second  South-Carolina  volunteers,  came  up 
just  in  time  to  meet  the  first  onset  of  the  enemy, 
performing  most  excellent  service,  and  sustaining 
a  loss  of  ten  killed  and  seven  wounded.  For 
further  details  of  the  action  immediately  in  front 
of  Secessionville,  I  respectfully  refer  to  the  re 
ports  (herewith)  of  Brigadier-General  Evans, 
Colonel  J.  G.  Lamar,  and  his  subordinate  com 
manders  ;  and  for  those  details  resulting  from  the 
enemy's  flank  movement  upon  Secessionville, 
Brigadier-General  Evans's  report,  to  that  of  Col 
onel  Johnson  Hagood,  First  South-Carolina  volun 
teers,  who  had  been  assigned  to  the  command  of 
an  advanced  corps,  composed  of  his  own  regi 
ment  ;  the  Twenty-fourth  South-Carolina,  Colo 
nel  C.  H.  Stevens ;  the  Eutaw  battalion,  Lieuten 
ant-Colonel  Simonton ;  and  the  Louisiana  bat 
talion,  Lieutenant-Colonel  McEnery.  The  latter, 
as  before  stated,  was  early  despatched  to  the 
support  of  Secessionville;  the  remaining  corps 
greatly  aiding  in  the  final  and  complete  defeat  of 
the  enemy.  The  report  of  each  of  the  above- 
named  subordinate  commanders  is  respectfully 
forwarded  herewith. 

Not  having  been  an  eye-witness  of  this  well- 
fought  contest,  it  is  impossible  for  me,  perhaps, 
to  commend  where  commendation  is  most  due. 
Many  of  the  best  and  bravest  have  fallen  ;  among 
thorn  Captain  J.  J.  Reed,  Lamar's  regiment; 
Captain  Henry  King,  Charleston  battalion ;  First 
Lieutenant  John  Edwards,  of  the  same  command ; 
Second  Lieutenant  R.  W.  Green,  Eutaw  battalion, 
and  First  Sergeant  James  M.  Baggott,  who  fell 
whilst  serving  his  piece  as  No.  One,  and  was 
immediately  succeeded  by  his  company  com 
mander,  the  gallant  and  lamented  Reed. 

My  estimation  of  the  conduct  of  Colonel  J.  Q-. 
Lamar,  is  fully  expressed  in  my  General  Orders, 


496 


REBELLION   RECORD,  1862-63. 


No.  — ,  of  June  seventeenth.  His  undaunted 
courage  was  an  example  well  followed  by  those 
who  surrounded  him. 

Lieutenant-Colonels  P.  C.  Gaillard,  A.  D.  Smith, 
and  James  McEnery,  Major  D.  Ramsay,  Cap 
tain  J.  Jamison,  were  each  in  command  of  their 
respective  corps,  during  the  whole  or  a  part  of 
the  action,  and  are  highly  commended  in  the  re 
port  of  Colonel  Lamar.  I  refer  to  his  and  to  the 
reports  of  the  officers  above  named,  for  records 
of  further  instances  of  individual  gallantry. 

In  like  manner  I  refer  to  the  reports  of  Briga 
dier-General  Evans,  to  Colonel  C.  H.  Stevens, 
Lieutenant-Colonel  Simonton,  and  to  Colonel  II  a- 
good's,  and  to  his  subordinate  commanders,  and 
Colonel  Goodlet,  who,  all  deserving  high  praise 
themselves,  have  doubtless  bestowed  it  where  it 
is  best  deserved. 

I  inclose,  herewith,  a  list  of  the  killed,  wound 
ed,  and  missing — amounting  in  the  aggregate  to 
two  hundred  and  four.  Many  of  those  reported 
as  wounded,  have  been  slightly  so. 

I  also  inclose  a  list  of  those  most  highly  com 
mended  by  commanders. 

From  the  best  information  I  have  received,  I 
estimate  the  loss  of  the  enemy  to  have  been 
between  seven  and  eight  hundred. 

Very  respectfully,  your  obedient  servant, 
J.  C.  PEMBERTON, 

Major-General  Commanding. 

REPORT  OP  BRIG.-GENERAL  N.  G.  EVANS. 

HEADQUARTERS  SECOND  MILITARY  DIVISION,  S.  C.  | 
ADAMS'S  RUN,  June  19,  1862.      f 

To  Major  J.   R.    Waddy,   Assistant  Adjntant- 

G-eneral,  Charleston,  8.  C. : 

MAJOR  :  I  have  the  honor  to  submit  the  fol 
lowing  report  of  the  action  of  the  troops  under 
my  command  on  James  Island  on  the  sixteenth 
instant. 

On  the  afternoon  of  the  fifteenth  instant,  I  was 
informed  by  Col.  J.  G.  Lamar,  First  artillery, 
that  from  his  observation  of  the  movements  of 
the  enemy,  he  was  convinced  that  Secessionville 
would  doubtless  be  attacked  either  on  that 
night  or  on  the  morning  of  the  sixteenth.  I 
directed  him  to  hold  his  position,  that  he  would 
be  reenforced  if  necessary.  At  two  o'clock  on 
the  morning  of  the  sixteenth  instant,  I  received 
a  note  from  him,  informing  me  that  the  enemy 
were  advancing.  I  repaired  to  Clark's  house  as 
soon  as  possible,  where  I  arrived  at  fifteen  min 
utes  past  four  o'clock  A.M.,  when  I  found  Col. 
Johnson  Ilagood,  First  S.  C.  V.,  had,  in  his  un 
tiring  vigilance,  ordered  three  regiments  to  be  in 
readiness  for  an  immediate  attack,  and  had  al 
ready  sent  a  detachment  of  Col.  Goodlet's  regi 
ment  to  the  support  of  Col.  Lamar,  watching 
closely  the  movements  of  the  enemy  in  front  of 
Secessionville.  I  determined  to  reenforce  the 
place  to  two  thousand  strong,  and  immediately 
ordered  the  Fourth  Louisiana  battalion  and  Col. 
Goodlet's  regiment  to  repair  at  double-quick  and 
report  to  Col.  Lamar  at  Secessionville.  Lieut. - 
Col.  McEnery,  with  his  battalion,  arrived  just  in 
time  to  receive  the  second  assault  of  the  enemy 


and  to  materially  aid  in  repulsing  Him.  At  this 
time,  I  received  a  message  from  Col.  Ilagood, 
that  the  enemy  were  approaching  on  our  right, 
and  asking  reinforcements.  I  directed  him  to 
attack  the  enemy,  and  immediately  ordered  the 
Fifty-first  Georgia  and  Col.  Williams' s  regiment 
to  repair  to  his  assistance.  The  engagement 
now  became  general  on  both  wings.  Col'.  C.  H. 
Stevens,  who  was  with  Col.  Hagood,  seeing  that 
the  twenty-four-pound  battery,  near  Clark's 
house,  was  not  being  fired,  directed  Lieut. -Col. 
Capers,  of  his  regiment,  to  take  command  of  his 
battery  and  to  fire  on  the  enemy,  with  which, 
though  one  piece  was  dismounted,  he  did  gallant 
and  effective  service,  firing  constantly  into  the 
flank  of  the  enemy.  On  the  third  assault  of  the 
enemy,  Lieut. -Col.  Capers  was  very  successsful 
with  his  piece,  piercing  the  columns  of  the  enemy 
eleven  times. 

For  the  details  of  the  gallant  defence  of  the 
works  at  Secessionville,  I  would  respectfully  re 
fer  the  Major-Gcncral  commanding  to  the  official 
reports  of  the  immediate  commanders  herewith 
submitted.  Three  times  did  that  heroic  band 
repulse  (often  at  the  point  of  the  bayonet)  a  force 
thrice  their  strength,  under  the  fire  of  three  gun 
boats  and  four  stationary  or  land  batteries. 
About  ten  o'clock  the  enemy  retreated  in  great 
confusion,  leaving  their  dead  and  wounded  on 
the  field,  a  number  lying  in  our  trenches.  The 
loss  of  the  enemy  I  have  been  unable  to  ascertain, 
but,  from  what  I  saw,  was  at  least  four  hundred 
in  killed,  wounded,  and  prisoners.  The  dead  of 
the  enemy  immediately  in  front  of  the  Secession 
ville  works,  numbered  one  hundred  and  sixty- 
eight,  while  forty-two  wounded  had  been  brought 
within  the  works.  The  dead  I  directed  to  be  im 
mediately  buried,  and  the  wounded  to  be  re 
moved  to  the  hospital.  A  considerable  number 
of  arms  and  accoutrements  were  captured,  a  par 
tial  return  of  which  will  be  found  in  the  paper 
marked  "  G."  A  full  report  of  these  arms  I 
directed  Capt.  Reary,  ordnance  officer,  to  make 
to  the  Chief  of  Ordnance  in  Charleston.  At 
twelve  o'clock  M.,  I  received  a  note  from  the 
Major-General  commanding,  that  he  was  at  Brig.- 
Gen.  Gist's  headquarters,  asking  if  T  wished  reen- 
forcements,  that  they  were  ready.  I  replied, 
through  my  aid-de-camp,  that  I  thought  the  ene 
my  was  leaving  his  position,  as  he  was  burning 
the  houses  he  had  first  occupied.  I  then  joined 
the  Major-General  commanding  and  accompanied 
him  to  Secessionville,  to  inspect  the  works  as 
well  as  to  ascertain  our  loss,  and  the  situation 
and  condition  of  our  troops.  After  giving  in 
structions  relative  to  the  wounded  and  dead,  also 
as  to  the  arms  captured,  I  returned  to  my  head 
quarters,  and,  in  accordance  with  instructions 
from  the  Major-Gcneral  commanding,  ordered 
Col.  P.  P.  Colquitt  to  repair  with  his  regiment  of 
Georgia  volunteers  as  soon  as  possible,  and  re 
lieve  Col.  Goodlet,  in  command  of  Secessionville. 
Col.  Goodlet  and  his  command  were  completely 
worn  down  and  exhausted.  I  would  here  stata 
that  I  had  before  directed  Col.  Lamar  to  send  all 
of  his  exhausted  men  to  the  rear  on  the  arrival 


DOCUMENTS. 


497 


of  Col.  Goodlet's  command,  which  order  left  him 
but  one  hundred  and  fifty  men  for  duty. 

The  troops  at  Secessionville,  on  the  morning 
of  the  sixteenth,  were  much  fatigued,  as  they 
had  been  engaged  at  work  in  the  intrenchments 
during  the  entire  night,  and  many  were  entirely 
worn  out  when  the  action  commenced  in  the 
morning. 

In  reference  to  the  action  on  our  right,  I  would 
respectfully  refer  for  particulars  to  the  reports 
of  Cols.  Hagood  and  C.  II.  Stevens,  herewith  in 
closed. 

To  my  personal  staff,  First  Lieut.  W.  H.  Rodgers, 
special  aid-de-camp,  Capts.  R.  E.  Elliott  and 
Samuel  J.  Corrie,  and  H.  W.  Carr,  I  am  much 
indebted  for  their  untiring  exertions  in  transmit 
ting  my  orders  under  fire.  Assistant-Surgeon 
James  Evans,  of  my  staff,  rendered  material  aid 
to  the  wounded,  who  were  brought  to  the  rear. 
In  conclusion,  I  would  add  that,  at  eight  o'clock 
A.M.,  Brig. -General  W.  D.  Smith  joined  me  at 
Clark's  house,  where  I  directed  him  to  take 
command  of  the  right  wing,  and  attack  the  ene 
my  vigorously.  I  have  received  no  report  from 
him,  but  take  it  for  granted  the  reports  of  Cols. 
Hagood  and  Stevens  cover  the  action  of  the 
troops  on  the  right. 

To  the  dauntless  Lamar  and  the  troops  under 
his  command,  at  the  commencement  of  the  as 
sault,  the  Charleston  battery,  Lieut. -Col.  Gaillard, 
Lieut. -Col.  Smith's  battalion,  and  companies  of 
Lamar' s  regiment  engaged,  the  country,  and 
South-Carolina  in  particular,  owe  a  debt  of  grati 
tude  and  thanks,  which  I  know  a  grateful  people 
will  acknowledge.  For  the  gallant  dead,  the 
country  will  ever  mourn. 

The  intrepid  Reed  fell  whilst  cheering  his  men 
to  victory,  just  as  the  enemy  was  repulsed. 

The  reports  herewith  inclosed  will  give  casual 
ties  on  our  side,  thirty-nine  killed,  ninety-three 
wounded  and  two  missing.  Total,  one  hundred 
and  thirty-four. 

No  report  has  been  received  from  Lieut. -Col. 
Smith's  battalion.  Col.  J.  G.  Lamar's  report 
will  be  forwarded  as  soon  as  received. 

Herewith  I  also  inclose  you  a  copy  of  a  letter 
from  Brig. -Gen.  Stevens,  commanding  the  Federal 
forces,  and  also  a  copy  of  my  reply. 
Very  respectfully, 

Your  obedient  servant, 

N.  G.   EVANS, 

Brig.-Gen.  Commanding. 
REPORT   OF   COLONEL  LAMAR. 

To  Major- GeneralJ.  C.  Petriberton,  Commanding 
Department  of  South  Carolina  and  Georgia : 
GENERAL  :  Through  the  interposition  of  Provi 
dence,  it  became  my  duty  to  report  to  you  that 
the  forces  under  my  command  gained  a  complete 
victory  over  the  enemy  on  the  sixteenth  instant, 
at  Secessionville  Neck. 

On  the  morning  of  the  sixteenth  of  June,  about 
four  o'clock,  my  pickets  were  driven  in,  and  re 
ported  to  me  that  the  enemy  were  advancing  in 
f^rce,  and  had  already  passed  Rives' s  house,  dis- 
laat  from  my  batteries  about  three  fourths  of  a 


mile.  I  immediately  despatched  a  courier  to 
Lieutenant-Colonels  Gaillard  and  Smith,  ordering 
them  to  move  up  their  battalions  at  once  ;  and  to 
General  Evans,  to  inform  him  of  the  advance  of 
the  foe,  and  I  then  proceeded  to  my  batteries, 
where  I  found  a  detachment  at  each  gun,  having 
ordered  such  to  be  the  case  day  and  night. 

When  I  arrived  at  the  batteries,  I  found  that 
the  enemy  were  within  seven  hundred  yards,  in 


ble-quick.  I  ordered  the  eight-inch  columbiad 
to  be  loaded  with  grape,  which  order  was  prompt 
ly  obeyed  by  Lieut.  Mosely,  of  company  I,  whom 
I  found  at  the  battery  on  my  arrival.  I  mounted 
the  chassis,  and  pointed  the  gun  myself.  In  the 
mean  time,  Sergeant  James  M.  Baggott,  of  Capt. 
Reed's  company  B,  fired  upon  the  advancing  line 
from  the  rifled  twrenty-four  pound  gun,  to  the  left 
of  the  columbiad,  and  of  which  he  was  the  gun 
ner.  My  reason  for  pointing  the  columbiad  my 
self,  was  to  fire  at  the  centre  of  the  line,  and 
thereby  break  it,  in  order  to  cause  confusion  and 
delay,  so  that  I  might  get  my  infantry  into  posi 
tion  previous  to  their  reaching  my  lines.  The 
shot  had  the  desired  effect ;  they  immediately 
flanked  to  the  right  and  left. 

I  then  ordered  the  columbiad  to  be  loaded 
with  canister,  which  was  promptly  done,  and  I 
again  pointed  it.  I  then  left  the  battery  to  get 
my  infantry  into  position.  On  leaving  the  bat 
tery  I  met  Lieut.  Humbert,  of  company  I,  (un 
der  whose  command  the  columbiad  was,)  within 
two  or  three  paces  of  the  battery,  and  directed 
him  to  give  them  canister  freely,  which  he  did. 
I  then  ordered  Capt.  T.  Y.  Simons  to  go  to  Lieu 
tenant-Colonels  Gaillard  and  Smith,  and  tell  them 
to  hurry  up  their  battalions. 

Lieut. -Colonel  Smith,  of  the  Pee  Dee  battalion, 
first  attracted  my  attention,  whereupon  I  ordered 
him  to  take  position  on  the  left.  Although  the 
enemy  had  then  reached  the  left  flank,  and  were 
pouring  in  a  murderous  fire  on  my  men  at  the 
guns,  Lieut.-Colonel  Smith  obeyed  with  prompt 
ness,  and  soon  drove  them  from  their  position. 
I  then  ordered  Lieut.-Colonel  Gaillard  to  take 
position  on  my  right  and  centre,  which  was 
promptly  done.  It  was  not  long  after  getting 
my  infantry  into  position,  that  the  enemy  were 
driven  back  in  confusion.  They  were  soon,  how 
ever,  reenforced,  and  made  another  desperate 
charge,  when  I  again  drove  them  back ;  a  third 
time  they  came,  but  only  to  meet  with  a  most 
determined  repulse. 

They  then  made  a  flank  movement  on  my 
right  on  the  west  of  Secessionville,  and  on  the 
other  side  of  the  creek,  where  they  were  gallant 
ly  met  by  the  Charleston  battalion,  which  was 
soon  reenforced  by  the  Louisiana  battalion,  com 
manded  by  Lieut.-Colonel  McEnery,  who  also 
gallantly  met  them  with  a  cheer.  At  this  time 
I  was  so  much  exhausted  from  loss  of  blood, 
from  having  been  wounded  in  the  head  by  a 
Minie  ball  on  the  second  charge,  that  the  com 
mand  was  turned  over  to  Lieut.-Colonel  Gaillard, 
and  afterward  to  Lieut.-Colonel  Wagner,  although 
I  never  ceased  to  give  orders  to  my  batteries. 


498 


REBELLION   RECORD,  1862-63. 


We  achieved  a  great  victory,  yet  it  was  at  a  con 
siderable  loss,  both  in  numbers  and  personal 
worth.  Capt.  Samuel  J.  Reed,  of  Barn  well  dis 
trict,  and  commanding  company  B,  fell  while 
gallantly  fighting  at  his  gun.  I  may  safely 
say  that  his  place  cannot  be  filled.  He  was 
every  thing  that  could  be  desired  in  an  officer, 
and  as  brave,  true,  and  gallant  a  man  as  ever 
sacrificed  his  life  on  a  field  of  battle.  Peace  to 
his  ashes  ! 

Lieuts.  Lancaster  and  Johnson,  of  company  B, 
who  were  in  command  of  the  two  rifled  twenty- 
four  pounders,  did  great  execution,  although  not 
having  grape  or  canister.  Lieut.  Bellinger,  of 
the  same  company,  who  commanded  the  eight- 
een-pounder,  poured  a  murderous  fire  into  the 
approaching  line,  and,  in  connection  with  the  co- 
lumbiad,  did  more  than  any  thing  else  for  the 
fortunes  of  the  day.  These  gallant  officers  de 
serve  the  thanks  of  the  country,  and  I  commend 
them  to  your  notice.  Captain  G.  D.  Keitt,  and 
Lieuts.  Humbert,  Barton,  Oliver,  and  Mosely,  all 
acted  with  great  bravery  and  determination. 

I  cannot  close  this  report  without  bringing  to 
further  notice  Senior  First  Lieut.  J.  B.  Humbert, 
of  company  I,  who  acted  with  so  much  gallantry 
and  determination  in  managing  his  gun,  to  which 
may  be  mainly  attributed  the  fortunes  of  the 
day,  not  only  on  account  of  its  calibre  and  weight 
of  metal,  but  to  its  well-directed  fire,  and  to  the 
skill  with  which  it  was  managed  ;  and  also  Sec 
ond  Lieuts.  T.  P.  Oliver  and  J.  W.  Mosely,  of 
the  same  company,  who  rendered  valuable  as 
sistance  to  Lieut.  Humbert.  First  Lieut.  Barton, 
of  the  same  company,  displayed  great  skill  and 
coolness  in  the  management  of  the  mortar,  which 
had  considerable  effect  upon  the  enemy.  Too 
much  praise  cannot  be  given  to  these  gallant  offi 
cers,  and  to  the  detachments  under  their  com 
mand.  Capt.  F.  T.  Miles,  of  the  Calhoun  Guard, 
Charleston  battalion,  who  was  stationed  at  my 
batteries  during  the  previous  night,  and  whose 
command  was  the  first  placed  in  position,  has  my 
sincere  thanks.  He  and  his  men  fought  like  he 
roes,  and  did  all  that  men  could  do. 

Lieut. -Colonel  P.  C.  Gaillard  and  Major  David 
Ramsay,  conducted  themselves  with  the  utmost 
coolness,  and  were  as  gallant  as  officers  could  be. 
They  both,  as  well  as  their  entire  command,  act 
ed  with  commendable  courage  and  determina 
tion,  and  deserve  the  thanks  of  the  country. 

Lieut-Colonel  A.  D.  Smith,  commanding  the 
Pee  Dee  battalion,  and  a  most  gallant  officer,  was 
the  first  that  attracted  my  attention  when  the 
infantry  were  coming  up  to  the  engagement,  and 
to  him  I  am  indebted  for  having  relieved  my  left 
flank  at  a  very  critical  time.  I  noticed  that  seve 
ral  of  his  men  were  shot  down  before  he  could 
get  into  position,  and  that,  after  the  enemy  had 
been  driven  back  the  first  time,  and  while  they 
were  on  their  second  charge,  Lieut-Col.  Smith 
went  out  upon  the  field  in  front  of  the  battery, 
gathered  up  as  many  of  the  small  arms  of  the 
enemy  as  he  could  carry,  and  gave  them  to  his 
own  men,  whose  guns  had  refused  to  fire.  I 
commend  him  to  your  favorable  notice.  His 


command  acted  with  great  courage.  My  thanki 
are  also  due  to  Major  Hudson,  who  acted  with 
decided  gallantry.  I  must  also  speak  in  high 
terms  of  the  actions  of  Lieut.  W.  H.  Kitchings, 
of  company  H,  who  was  in  command  of  the  Reed 
battery  at  Clark's  house,  which  battery  consist 
ed  of  two  smooth-bore  twenty-four  pound  guns, 
and  also  of  my  adjutant,  Lieut.  E.  J.  Frederick, 
who,  seeing  that  the  enemy's  sharp-shooters 
were  concealed  on  my  right  flank,  over  the 
marsh,  and  were  picking  off  my  men,  proceeded 
immediately  to  the  above  battery,  when  he  and 
Lieut.  Kitchings  soon  dislodged  them,  and  poured 
well-directed  shots  into  them  as  they  retreated. 

To  Captain  McCreery,  of  the  ordnance  depart 
ment,  as  well  as  to  Captain  Bonneau,  and  Lieuts. 
Matthews  and  Hall,  of  our  gunboat,  I  return  my 
sincere  thanks,  for  their  valuable  service  at  the 
colurnbiad  battery, 

The  casualties  in  the  two  companies  of  my  re 
giment  that  were  engaged  are  as  follows  : 

Company  B,  Barnwell  district.  Killed — Capt. 
S.  J.  Reed,  Second  Sergeant  James  M.  Baggott. 
Privates  Elbert  Bates,  R.  R.  Bates,  H.  H.  Dycles, 
W.  J.  Nix,  W.  Redmond,  D.  J.  Reilly,  and  J. 
Watson. 

Mortally  wounded  and  since  dead  —  Privates 
Chesley  Bates  and  Jeff.  C.  Eaves. 

Wounded  severely  —  Sergeant  R.  F.  Nevills, 
and  privates  V.  W.  Bellinger,  W.  Fleming,  Re- 
dick  Pitts,  W.  J.  Chitly,  F.  M.  King,  L.  L.  Cox, 
H.  H.  Nevills,  S.  H.  Nevills,  H.  L.  Baggott, 
Thomas  Ursery,  W.  D.  Elkins,  J.  W.  Gillam,  J. 
G.  Mitchel,  B.  H.  Dyches,  J.  W.  Phillips,  D.  P. 
Hutson,  W.  J.  Martin,  J.  B.  Corbit,  J.  R.  Wains, 
and  M.  Whaley. 

Wounded  slightly—Corporal  N.  A.  R.  Walker, 
and  privates  A.  0.  Houser,  J.  J.  Walker,  D.  Hoi- 
den,  W.  R.  Delk,  and  J.  Templeton.  Missing — 
W.  P.  Hair,  (previously  wounded.) 

Company  I,  Orangeburgh  district.  Killed — - 
privates  W.  H.  Amaker,  J.  A.  R.  Shuler,  H.  A. 
Hoover,  Daniel  Kelly,  J.  W.  Gibson,  and  John 
Jones.  Wounded  severely — Serg.  Geo.  Bolivar, 
private  J.  C.  Evans.  Slightly — Sergeants  J. 
Marchant  and  S.  C.  L.  Miller.  Privates  J.  C. 
Stevenson,  N.  A.  Whetstone,  G.  J.  Bonnett,  G. 
J.  Parlor,  John  Robinson,  and  G.  W.  Golson. 

Recapitulation — Killed,  fifteen  ;  since  dead, 
two ;  wounded,  thirty-seven ;  missing,  one ;  total, 
fifty-five. 

I  estimate  the  loss  of  the  enemy,  as  near  as  I 
can,  at  from  six  to  eight  hundred  ;  three  hundred 
and  forty-one  of  their  dead  are  buried  in  front  of 
my  batteries  ;  one  hundred  and  seven  were  tak 
en  prisoners,  many  wounded,  and  who  have  since 
died ;  and  I  conjecture  that  some  were  drowned. 
Large  quantities  of  their  wounded  were  carried 
off  by  their  ambulances.  About  four  hundred 
stand  of  small  arms  fell  into  our  hands,  together 
with  one  horse  wounded  in  the  mouth,  and  nu 
merous  smaller  articles. 

For  the  casualties  in  the  Charleston  battalion, 
Lieutenant-Colonel  Gaillard,  and  the  Pee  Dee 
battalion,  Lieutenant-Colonel  Smith,  together  with 
their  reports  concerning  the  behavior  of  officers 


DOCUMENTS. 


499 


and  men,  I  beg  leave  to  refer  you  to  the  accom 
panying  documents,  marked  respectively  A  and  B. 

!•;  is  proper  to  state,  that  the  forces  under  my 
command  did  not  amount  to  more  than  five  hun 
dred  men  until  the  arrival  of  the  Louisiana  bat 
talion.  But  this  small  force  manfully  stood  their 
ground  against  an  assaulting  force  of  from  one  to 
five  thousand  men,  among  whom  were  the  picked 
regiments  of  the  enemy — the  Seventy-ninth  New- 
York  Highlanders,  and  the  Eighth  Michigan — 
notwithstanding  that  they  had  for  fourteen  days 
and  nights  been  subjected  to  the  most  arduous 
duties. 

On  Sunday  night,  the  fifteenth  instant,  I  re 
ceived  orders  from  Brigadier-General  Evans,  to 
the  effect,  that  although  it  might  require  super 
human  exertions,  he  expected  me  to  take  the  guns 
off  the  gunboat,  and  place  them  in  battery  on 
land.  This  was  impossible,  unless  I  had  had  a 
force  and  the  means  under  my  control  that  were 
necessary  to  move  these  guns.  I  therefore  had 
to  have  the  gunboat  moved  up  to  Secessionville, 
where  there  was  a  wharf.  In  the  mean  time,  I, 
with  the  two  companies  of  my  own  regiment, 
proceeded  to  throw  up  the  earthworks  of  the 
batteries,  which  were  not  completed  until  three 
o'clock  next  morning.  My  men  were  so  much 
fatigued,  not  only  from  the  night  work,  but  from 
a  very  spirited  engagement  the  day  previous, 
which  lasted  several  hours,  against  the  gunboats 
and  land  batteries  of  the  enemy,  that  I  allowed 
them  to  lay  down  to  rest.  They  had  hardly  fall 
en  asleep  when  the  alarm  was  given,  and  this 
was  the  first  time  that  any  man  was  allowed  to 
sleep  without  his  arms  in  his  hand,  and  at  the 
spot  that  he  would  have  to  use  them,  during  the 
time  that  I  had  been  in  command  of  the  post. 

In  conclusion,  I  would  state  that  the  great 
victory  achieved  on  the  sixteenth  June,  over 
such  a  superior  force  of  the  enemy,  is  owing  en 
tirely  to  the  patriotism,  love  of  freedom,  and  in 
domitable  courage  of  the  officers  and  men  under 
my  command.  Every  man  did  his  duty  ! 

I  have  the  honor,  General,  to  be,  with  senti 
ments  of  high  regard,  your  obedient  servant, 

J.  G.  LA.MAR, 

Colonel  Commanding  Post. 

REPORT    OP    MAJOR    DAVID    RAMSAY. 

SECESSIONVILLE,  June  21,  1862. 
Colonel  J.  G.  Lamar  : 

COLONEL  :  I  beg  leave  to  forward  to  you  a  list 
of  casualties  in  the  Charleston  battalion,  in  the 
engagement  of  the  sixteenth  instant : 

Field  and  Staff— Wounded— Lieut. -Colonel  P. 
C.  Gaillard,  slightly  in  knee  ;  Captain  R.  Press. 
Smith,  A.Q.M.,  severely.  Company  A,  Charles 
ton  riflemen — Wounded  :  Captain  Julius  A. 
Blake,  slightly;  Lieutenant  F.  Lynch,  slightly. 
Company  B,  Charleston  light  infantry.  Killed 
— private  J.  B.  W.  Hammett.  Wounded,  mor 
tally — private  P.  Gilhooly.  Wounded,  slightly — 
privates  M.  Lacy  and  W.  H.  Lutcliffe.  Missing — 
J.  R.  Gibbes  and  J.  P.  Johnson.  Company  C, 
Irish  volunteers.  Killed — private  Daniel  How 
ard.  Wounded,  severely — John  May.  Wounded, 


slightly — Lieutenant  John  Burke,  private  J.  P. 
Murphy.  Company  D,  Sumter  Guard.  Killed— 
Captain  H.  C.  King,  Lieutenant  J.  J.  Edwards, 
Corporal  J.  Volentine,  privates  G.  Poznanski  and 
S.  F.  Edgerton.  Wounded— Sergeant  J.  J.  Wells ; 
privates  R.  C.  Evans,  A.  Roumillat,  E.  L.  Terry, 
W.  W.  Johnson,  H.  Neufoille,  H.  Volentine,  E. 
S.  Tennent,  G.W.  Dingle,  T.  P.  Lockwood.  Com- 
pany  E,  Calhoun  Guard.  Killed — private  Thos. 
Parker.  Wounded— Captain  F.  T.  Miles,  Lieut 
J.  W.  Axon,  Sergeant  S.  C.  Black ;  privates  C.  P. 
Brown,  C.  B.  Buist,  Isaac  Holmes,  H.  C.  Choate, 
J.  E.  Smith.  Company  F,  Union  Light  Infantry. 
Killed — Sergeant  R.  J.  Henry ;  private  James 
Davis.  Wounded — Lieutenant  George  Brown- 
private  Wm.  Cummins. 

Recapitulation — killed,  ten  ;  wounded,  thirty  ; 
missing,  two  ;  total,  42. 

It  is  hardly  possible  to  enumerate  the  individ 
ual  instances  of  valor  and  good  conduct.  All  did 
their  duty,  and  the  list  of  dead  and  wounded  will 
testify  with  what  devotion.  Out  of  about  one 
hundred  men,  forty,  besides  the  two  of  the  field 
and  staff,  were  killed  or  wounded.  You  are 
aware  of  the  distinguished  conduct  and  skill  of 
Lieutenant-Colonel  Gaillard,  in  command  after 
you  were  wounded,  until  the  arrival  of  Lieut. - 
Colonel  McEnery,  and  I  only  mention,  as  peculi 
arly  noticeable,  Lieutenant  Campbell,  of  company 
F,  who  repulsed,  personally,  a  storming  party, 
using  a  handspike,  until  he  seized  a  rifle.  Also, 
Mr.  Josiah  Tennent,  of  the  Calhoun  Guard,  who 
felled  no  less  than  six  of  the  enemy.  Captain 
William  Ryan's  good  service  at  a  gun  you  can 
appreciate  yourself.  Lieutenant  George  Brown 
and  Sergeant  Hendrick,  of  company  F,  deserve 
mention  for  bringing  ammunition  through  a  hea 
vy  fire  ;  and  most  particularly  Lieutenant  Alex. 
A.  Allemory,  of  the  Irish  volunteers,  who  passed 
and  repassed  a  severe  fire  of  musketry  and  can 
non  several  times  with  ammunition  in  his  arms. 
I  have  mentioned  those  especially  noticeable,  but 
can  only  repeat  that  I  refrain  from  enumerating 
others,  simply  because  it  would  be  to  furnish  a 
roll  of  those  engaged. 

Very  respectfully,  your  obedient  servant, 

DAVID  RAMSAY, 
Major  Commanding  C.  Battalion. 

REPORT    OP    COLONEL    JOHNSON    HAGOOD. 

HEADQUARTERS  ADVANCED  FORCES,  | 
JAMES  ISLAND,  June  IS,  1862.      J 

Captain  Mallory  P.  King,  A.A.  General  : 

CAPTAIN  :  I  am  required  to  report  the  opera 
tions  of  the  troops  under  my  command  on  the 
sixteenth  instant. 

Some  days  previously,  I  had  had  the  honor  to 
be  placed  in  command  of  a  corps,  composed  of 
the  First  and  Twenty-fourth  South-Carolina  vol 
unteers,  -the  Eutaw  battalion,  and  McEnery's 
Louisiana  battalion,  to  which  were  assigned  the 
duties  of  the  advanced-guard.  The  force  at  Se 
cessionville,  however,  continued  to  keep  out  in 
front  of  that  position  its  own  outposts,  whi^h 
were  not  under  my  command,  and  made  no  <li. 
rect  report  to  me.  This  has  since  been  changed. 


500 


REBELLION  RECORD,  1862-63. 


On  the  night  of  the  fifteenth  and  sixteenth,  the 
troops  on  outpost  duty,  under  my  command,  con 
sisted  of  seven  companies  of  Stevens's  Twenty- 
fourth  S.  C.  regiment,  six  companies  of  Hagood's 
First  S.  C.  volunteers,  and  one  company  of  the 
Forty-seventh  Georgia  volunteers,  (Colonel  Wil 
liams,)  all  under  the  immediate  charge  of  Colonel 
Stevens.  They  covered  the  whole  front  of  our 
lines,  from  Secessionville  road  to  New  Town  cut. 
The  pickets  from  Secessionville  covered  the  space 
from  the  Secessionville  road  to  the  marsh  on  the 
left  of  our  lines. 

At  half-past  four  A.M.  on  the  sixteenth,  I  re 
ceived  a  despatch  from  Colonel  Stevens,  that  the 
Secessionville  pickets  had  been  driven  in,  and 
that  the  enemy  was  advancing  in  force  upon  that 
position.  I  immediately  ordered  under  arms  the 
portion  of  the  First  regiment  not  on  picket,  and 
Colonel  Simonton's  Eutaw  battalion,  directing 
them  to  proceed  down  the  Battery  Island  road, 
in  front  of  our  intrenchments,  to  the  flank  of  the 
enemy's  advance,  and  ordered  Colonel  McEnery's 
Louisiana  battalion  to  proceed  in  rear  by  the 
bridge  to  Secessionville,  delivering  these  orders 
in  person. 

Proceeding  in  advance  down  the  Battery  Island 
road,  I  ordered  forward  one  of  the  two  six-pound 
ers  of  Boyce's  battery,  stationed  at  the  crossing 
of  the  Fort  Johnson  road,  and,  arriving  at  the 
scene  of  action,  found  the  enemy  making  their 
second  advance  upon  the  post  at  Secessionville. 
A  thicket  of  felled  trees  ran  parallel  with  their 
line  of  advance,  and  about  four  hundred  yards 
west  of  it,  on  the  edge  of  which,  next  the  enemy, 
Colonel  Stevens  had  deployed  about  one  hundred 
men,  who  had  been  on  picket-duty  near  that 
point.  These  men  were  from  the  companies  of 
Captains  Tompkins,  Pearson,  (Lieutenant  Ham- 
meter  commanding,)  and  Gooding,  (Lieutenant 
Beckham  commanding,)  of  the  Twenty-fourth  re 
giment  S.  C.  volunteers.  The  Battery  Island 
road,  so  obstructed  as  to  be  impassable  by  troops 
or  vehicles,  ran  between  this  felled  thicket  and  a 
dense  wood,  stretching  toward  Griinball's,  on  the 
Stono.  Simonton's  battalion,  coming  up,  was 
placed  behind  the  felled  thicket  in  line  of  battle, 
its  right  resting  near  the  Battery  Island  road,  and 
the  detachment  of  the  First  regiment  S.  C.  volun 
teers  was  placed  in  reserve  in  the  Battery  Island 
road,  throwing  a  strong  line  of  skirmishers  toward 
the  Stono,  which  runs  nearly  parallel  with  this 
road,  to  guard  against  an  advance  from  that  point. 
Boyce's  piece,  under  Lieutenant  Jeter,  was  placed 
on  Simonton's  left,  at  the  extremity  of  the  felled 
thicket.  The  object  of  this  disposition  was  chiefly 
defensive,  as  a  general  advance  upon  our  lines 
seemed  imminent.  Three  regiments  of  infantry 
advanced  in  front  of  us,  but  beyond  musket-range, 
to  attack  the  west  flank  of  the  work  at  Secession 
ville,  being  supported  by  a  battery  of  field-artil 
lery,  near  the  Battery  Island  road,  in  front,  and 
beyond  Simonton's  right.  Lieutenant  Jeter  was 
directed  to  open  upon  these  regiments,  which  he 
did  with  effect.  I  immediately  sent  to  the  Gen 
eral  Commanding,  asking  to  be  supported  in  mak 
ing  an  attack  upon  the  rear  and  flank  of  these 


regiments.  AVhen  the  permission  to  attack,  and 
the  assurance  of  support  arrived,  the  enemy  had 
retreated.  In  the  mean  while,  the  fire  of  Jeter's 
piece  drew  upon  us  a  heavy  fire  from  the  ene 
my's  field-battery,  which,  from  the  sheltered  po 
sition  of  our  troops,  did  but  little  damage,  and  four 
companies  of  the  Third  Rhode  Island  regiment  were 
sent  as  skirmishers  to  seize  the  felled  woods,  and 
capture  the  piece.  Stevens's  skirmishers  gal 
lantly  repelled  them.  A  portion  of  the  enemy, 
however,  penetrated  to  Simonton's  line  of  battle, 
and  one  of  his  companies,  and  a  platoon  of  another 
were  for  a  few  minutes  engaged  in  driving  them 
back.  A  few  casualties  in  other  portions  of  his 
line  occurred  from  the  random  fire  of  the  enemy 
engaged  with  our  skirmishers,  and  one  man  in 
the  detachment  from  the  First  regiment  was 
wounded  in  the  same  way.  The  enemy,  in  retir 
ing,  were  seen  carrying  off  their  wounded.  Six 
men  were  left  dead  in  front  of  our  skirmishers, 
twelve  were  left  dead  further  on  toward  Seces 
sionville,  where  the  three  regiments  spoken  of 
were  fired  upon  by  Lieutenant  Jeter,  making 
their  loss  in  this  part  of  the  field  eighteen  killed. 
Eleven  prisoners  were  captured,  of  whom  eight 
were  wounded.  Sixty-eight  small  arms,  mostly 
Enfield  rifles,  were  abandoned  by  them,  and  re 
covered  by  this  command.  Our  loss  was  eight 
killed,  twenty-two  wounded,  and  two  missing. 
Appended  is  a  detailed  list  of  casualties. 
I  have  the  honor  to  be,  very  respectfully, 

JOHNSON  II  A  GOOD, 

Colonel  First  S.  C.  Volunteers,  Commanding. 


REPORT  OP  COLONEL  C.  H.  STEVENS. 


HEADQUARTERS  TWENTY-FOURTH  REGIMENT  ) 

S.  C.  VOLUNTEKRS,         V 

JAMES  ISLAND,  June  18,  1862.  \ 

To  GolonelJoJinson  Hagood,  First  Regiment  S.  0. 

Volunteers,  Commanding  Advanced  Forces  : 

COLONEL  :  In  obedience  to  orders,  I  beg  to  sub 
mit  the  following  report  of  the  part  taken  by  my 
regiment  in  the  battle  of  Secessionville,  on  the 
morning  of  the  sixteenth  instant. 

Seven  companies  of  the  Twenty-fourth  regiment 
S.  C.  volunteers,  with  six  companies  of  the  First 
regiment  S.  C.  volunteers,  and  one  from  the  For 
ty-seventh  Georgia  regiment,  constituted  the  pick 
et  force  placed  under  my  command,  and  with 
which  I  went  on  duty  on  Sunday,  fifteenth  in 
stant.  This  force  covered  our  whole  picket  line, 
except  that  in  front  of  Secessionville,  which  was 
guarded  by  pickets  from  the  force  stationed  at 
that  post. 

All  remained  quiet  along  the  line  during  the 
day  and  night,  and  at  daylight  I  rode  to  New 
Town  cut,  with  a  view  to  visit  and  inspect  the 
pickets.  On  reaching  that  point,  I  distinctly 
heard  the  guns  of  the  enemy  in  front  of  Seces 
sionville,  and  started  on  my  return  to  that  point. 
On  my  wiy,  I  encountered  a  courier  with  the  in 
telligence  that  the  enemy  had  advanced  in  large 
force  to  storm  our  works  at  Secessionville.  This 
information  I  immediately  forwarded  to  yourself 
and  to  the  headquarters  of  the  Brigadier-General 
Commanding,  proceeding  myself  to  the  front  to 
verify  the  statement.  In  passing  I  took  portions 


DOCUMENTS. 


50) 


of  four  companies  of  my  regiment,  which  happen 
ed  to  be  on  duty  in  that  vicinity,  and  moved  them 
in  the  direction  of  the  abatis  of  felled  timber,  ex 
tending  on  the  left  of  the  Battery  Island  road. 

I  ordered  Captain  Weaver,  company  I,  to  oc 
cupy  this  abatis,  to  prevent  the  enemy  from  pene 
trating  it  with  his  skirmishers.  The  detachments 
of  my  other  three  companies,  namely,  company 
D,  Captain  Gooding ;  company  G,  Lieutenant 
Hammeter,  and  company  K,  Captain  Tompkins, 
numbering  less  than  one  hundred  men,  were 
posted  in  a  heavy  thicket,  extending  from  the 
abatis  to  the  marsh  on  the, left.  On  taking  this 
position,  I  found  the  enemy  drawn  up  in  line  of 
battle  at  Hill's  house,  to  my  right  and  front. 
With  my  weak  force  this  position  could  only  be 
defensive,  and  I  rode  back  to  ask  for  artillery  and 
support,  which  were  brought  up  by  you.  As  all 
of  the  subsequent  events  passed  under  your  own 
observation,  it  is  unnecessary  to  report  them, 
except  that  I  would  especially  mention  Captain 
Tompkins,  company  K,  and  Lieutenant  Beckham, 
of  company  G,  and  the  detachments  from  these 
two  companies,  who  held  their  position  gallantly 
in  the  front  and  did  excellent  service,  until  order 
ed  to  withdraw. 

Lieutenant-Colonel  Capers,  my  second  in  com 
mand,  having  been  sent  by  you  to  order  fire  to  be 
opened  from  the  new  twenty-four  pounder  battery, 
in  advance  of  our  lines,  was  retained  by  General 
Evans  at  that  post,  and  directed  the  fire  of  the 
battery  with  his  usual  gallantry  and  efficiency. 

Major  Hammond  remained  at  his  post  in  charge 
of  the  pickets  on  the  hill  road  and  New  Town 
cut.  After  the  enemy  had  left  the  field,  I  re 
turned  to  my  picket  duties  until  regularly  re 
lieved.  I  append  a  list  of  the  casualties  in  my 
own  regiment. 

I  have  the  honor  to  be,  very  respectfully, 

C.  H.  STEVENS, 

Colonel  Twenty-fourth  Regiment  S.  C.  Volunteers. 

Killed,  three  ;  wounded,  seven  ;  missing,  two : 
total,  twelve. 

REPORT  OF  LIEUTENANT-COLONEL  CHARLES  H. 
SIMONTON. 

HEADQUARTERS  EUTAW  REGIMENT,  ) 
TWENTY-FIFTH  S.  C.  V.,  June  17,  1SG2.      j" 

To  Captain  Joseph  Walker,  A.  A.  A.  General: 

CAPTAIN  :  I  have  the  honor  to  make  the  fol 
lowing  report  of  the  results  of  the  engagement  of 
yesterday  to  my  regiment. 

Having  been  ordered  to  move  at  reveille,  I 
formed  and  marched  my  regiment  to  the  field  in 
rear  of  Hill's  house,  and  having  there  reported  to 
Colonel  Hagood,  was  placed  by  him  in  position 
behind  a  hedge.  Upon  being  placed  in  position, 
I  was  informed  that  Colonel  Stevens  had  a  por 
tion  of  his  regiment  deployed  as  skirmishers  in 
our  front,  and  was  ordered  to  take  all  precautions 
to  prevent  our  men  firing  into  them. 

Shortly  after  we  took  position,  we  were  put 
under  a  heavy  fire  of  small  arms,  directed  princi 
pally  against  my  left  wing.  In  obedience  to  or 
ders,  I  kept  my  men  under  restraint,  and  pre- 
Tented  any  firing,  until  feeling  satisfied  that  the 


enemy  were  actually  in  my  front.  I  then  gavo 
orders  to  fire.  After  a  brisk  fire  of  about  a  half- 
hour,  they  were  driven  off.  During  their  retreat 
we  were  exposed  to  an  enfilading  fire  from  a  field 
battery  on  our  flank. 

The  behavior  of  my  regiment  was  such  as  I 
could  have  wished. 

Lieutenant  Blum,  of  the  Washington  light  infan 
try,  company  B,  whose  company  was  chiefly  un 
der  fire,  distinguished  himself  by  his  extreme 
coolness,  encouraging  his  men.  He  rendered 
most  efficient  aid  in  restraining  their  natural  de 
sire  to  return  the  fire  of  the  enemy.  The  con 
duct  of  his  men  could  not  be  surpassed.  They 
were  under  my  eye  all  the  time.  Two  of  his  men, 
privates  J.  Campbell  Martin  and  T.  Grange  Si 
mons,  Jr. — the  first  wounded  in  the  head  and 
leg,  and  the  other  in  three  places,  with  his  clothes 
riddled — continued  to  fire  until  taken  from  the 
field. 

A  large  number  of  arms  and  accoutrements 
were  recovered  from  the  field,  and  several  prison 
ers  were  captured. 

With  this,  I  inclose  the  reports  of  Lieutenant 
Blum  and  of  Captain  Adger,  Quartermaster. 
The  arms  and  accoutrements  are  in  the  hands  of 
the  latter,  subject  to  your  order. 

Very  respectfully,  your  obedient  servant, 
CHARLES  H.  SIMONTOX, 

Lieutenant-Colonel  Commanding. 

REPORT  OF  LIEUTENANT  R.  A.  BLUM. 

CAMP  PKTTIGREWI  JAMKS  ISLAND,  S.  C.,  ) 
June  16,  1862.      f 

Lieutenant- Colonel  Simonton : 

I  beg  leave  to  report  the  following  casualties 
and  incidents  of  this  morning's  engagement. 

Shortly  after  our  regiment  had  taken  its  posi 
tion,  my  company  was  subjected  to  repeated 
volleys  discharged  from  the  thicket,  immediately 
in  our  front,  which  we  had  been  informed  was 
held  by  a  company  from  Colonel  Stevens's  regi 
ment.  On  this  account,  in  obedience  to  orders 
from  Colonel  Hagood,  we  did  not  reply  for  several 
minutes.  Soon  after  our  first  volley,  which  was 
briskly  returned  by  the  enemy,  Lieutenant  R. 
W.  Greer,  and  First  Sergeant  Fleetwood  Lan- 
neau,  Jr.,  with  the  following  members  of  my 
company,  fell  dead  upon  the  field  : 

T.  N.  Gadsden,  Jr.,  and  Samuel  Satters,  J.  H. 
Tavener  and  J.  Campbell  Martin,  supposed  mor 
tally  wounded. 

The  following  were  severely  wounded  : 

Second  battalion,  Lieutenant  Samuel  J.  Burger ; 
privates  H.  B.  Glover,  A.  S.  Trumbo,  T.  Grange 
Simons,  Jr.,  J.  H.  Deveaux,  James  P.  Gibbes, 
R.  S.  McCutchen,  J.  H.  Shulte. 

It  is  impossible  for  me  to  single  out  individual 
instances,  where  all  behaved  with  the  utmost 
coolness  and  bravery,  but  I  feel  that  it  is  but  just 
to  report  the  conduct  of  John  Campbell  Martin  and 
T.  Grange  Simons,  Jr.,  as  worthy  of  special  no 
tice.  After  being  severely  wounded,  they  per 
sisted  in  reloading  and  firing  until  overcome  by 
exhaustion.  I  am,  yours  respectfully, 

R.  A.  BLUM, 
Lieutenant  CommandiDg  W.  L.  L  Co.  B,  [.  R, 


502 


REBELLION   RECORD,  18G2-63. 


REPORT   OF  CAPTAIN   J.  E.  ADGER. 

CAMP  PETTIGREW,  JAMES  ISLASD,  ) 
June  16,  1862.  f 

Lieutenant- Colonel  Simonton,  Commanding  Eu- 

taw   Regiment,    Twenty -ffth   South- Carolina 

Volunteers. 

COLONEL  :  I  beg  leave  to  make  the  following 
return  of  arms  and  accoutrements,  etc.,  recover 
ed  from  the  field  during,  and  subsequent  to,  this 
morning's  engagement  with  the  enemy: 

Enfield  rifles,  in  order, 54 

u         needing  repair, 3 

"         "        not  repairable, 3-60 


Minie      "        in  order, 


Total  number  of  arms, 68 

Cartridge  boxes, 44 

"      and  belts, 26 

Waist-belts, 28 

"         "      clasps  wanting, 9-37 

Bayonet  scabbards, 38 

Cap-boxes, 24 

Cartridges  (Enfield,) 950 

Very  respectfully,  your  obedient  servant, 
J.  E.  ADGER, 

Quartermaster  Eutaw  Regiment  and  Acting  Ordnance  Officer. 

REPORT  OF  LIEUT-COLONEL  J.  McENERY. 

SECESSIONVILLE,  June  20, 1862. 

To  Captain  Mallory  P.  King,  Assistant  Adju 
tant-General. 

CAPTAIN  :  I  have  the  honor  to  submit  the  fol 
lowing  report  of  the  part  taken  in  the  battle  of 
the  sixteenth  of  June,  near  Secessionville,  by  my 
battalion : 

A  little  after  dawn,  on  the  morning  of  the 
sixteenth  instant,  Colonel  Hagood,  commanding 
First  regiment  South-Carolina  volunteers,  came 
in  person  to  my  quarters,  about  two  miles  and  a 
half  distant  from  this  place,  and  ordered  me  to 
have  my  battalion  under  arms  and  march  imme 
diately  to  the  Secessionville  battery,  at  which 
place  an  engagement  with  the  enemy  was  being 
had.  With  promptness  the  battalion  was  form 
ed,  and  the  march,  at  double-quick,  was  begun 
in  the  direction  of  Secessionville.  When  arrived 
at  the  first  cross-roads,  some  little  delay  ensued, 
arising  from  my  ignorance  of  the  road  leading  to 
Secessionville.  After  the  lapse  of  a  few  moments 
I  was  assured  as  to  the  right  road,  and  instantly 
the  battalion  was  moved  off  at  double-quick  for 
the  scene  of  action.  Arriving  at  Secessionville, 
I  was  informed  that  the  enemy  in  force  were  ad 
vancing  on  the  right  of  the  battery  on  the  oppo 
site  side  of  the  marsh,  directly  up  the  marsh  to 
the  bridge.  I  hastened  my  command,  at  a  run, 
through  an  open  ground  to  the  woods  on  the 
marsh.  In  crossing  this  open  marsh,  and  while 
placing  the  battalion  in  position  in  the  outer  edge 
of  the  woods,  it  was  exposed  to  a  terrific  fire  from 
the  enemy's  gunboats,  siege  battery,  field  batter 
ies,  and  small  arms.  I  then  ordered  the  men  to 
advance  in  the  skirt  of  woods,  the  better  to  view 
the  enemy,  and  aiford  it  protection  from  the  in 


cessant  fire  of  the  enemy.  At  this  point,  for 
half  an  hour,  the  fire  on  both  sides  was  indeed 
terrific.  Finally,  the  enemy  waned,  fell  back, 
and  there  begun  his  precipitate  retreat  on  the 
right  in  front.  The  gallant  Lamar  being  struck 
down,  and  being  the  senior  officer  present,  I 
caused  an  incessant  volley  of  grape  and  canister 
to  be  poured  into  the  broken  and  retreating  col 
umns  of  the  enemy,  until  they  passed  beyond 
view.  Colonel  Goodlet,  my  senior  officer,  arriv 
ing  about  twelve  M.,  assumed  command. 

I  cannot  speak  in  terms  of  too  high  praise  of 
the  coolness,  bravery,  and  gallantry  of  the  officer 
and  men  of  my  little  command.  I  went  into  the 
action  with  two  hundred  and  fifty  men,  and  suc 
ceeded  in  putting  to  rout  twice  that  force  of  the 
enemy  on  the  right.  I  think  that  the  force  of 
the  enemy  would  undoubtedly  have  completely 
flanked  the  battery  but  for  our  timely  arrival. 

The  small  band  of  brave  men  in  the  fort,  ex 
hausted  and  broken  down  in  their  almost  super 
human  exertions  in  repelling  the  foe  in  front, 
must  have  been  unequal  to  the  task  of  success 
fully  engaging  the  enemy  in  front  and  on  the 
right. 

It  is  impossible  to  arrive  at  a  correct  list  of  the 
slain  and  wounded  of  the  enemy,  as  in  his  re 
treat  he  bore  off  the  field  many  of  his  dead  and 
wounded.  One  hundred  and  sixty-eight  of  the 
enemy  were  buried  on  the  field.  My  battalion 
brought  from  the  battle-field  in  front  the  follow 
ing  arms  and  accoutrements,  which  have  been 
delivered  to  the  ordnance  office,  namely : 

Enfield  rifles  (in  good  condition,) 27 

"      (damaged,) 4 

Rifled  muskets,  (in  good  condition,) 83 

Springfield  muskets,  (in  good  condition,). ...     63 
"  "         (damaged,) 6 


78 
o 


Total, 182 

Cartridge  boxes, 

Saddles, - 

These  are  arms  and  accoutrements  we  gather 
ed  on  that  part  of  the  field  in  front.  Troops 
belonging  to  other  commands,  I  understand,  pick 
ed  up  a  great  many  arms  and  accoutrements  on 
the  right  across  the  marsh.  I  suppose  the  above 
arms  are  about  one  third  of  the  number  captured. 

The  number  of  casualties  in  my  battalion: 
total  killed,  six ;  total  wounded,  twenty-two  : 
total  casualties,  twenty-eight. 

This  report  would  have  been  made  earlier,  but 
now  is  the  first  opportunity  since  the  battle  that 
I  have  had  to  write  it. 

I  am,  Captain,  your  obedient  servant, 
J.  MG-ENERY, 

Lieutenant-Colonel  Commanding  Fourth  Louisiana  Battalion, 

REPORT  OF  COLONEL  S.  D.  GOODLET. 

HEADQUARTERS  TWENTY-SECOND  REGIMKNT  S.  C.  V.,  \ 
CAMP  ON  JAMES  ISLAND,  S.  C.,  June  IS,  1802.      f 

General  Evans,  James  Island,  8.  C.  : 

GENERAL  :  I  have  the  honor  to  make  the  fob 

lowing  report  of  the  casualties  in  rny  command, 

originating  from  the  fight  of  the  sixteenth  instant: 

In  obedience  to  an  order  from  headquarters,  I 


DOCUMENTS. 


503 


detailed  one  hundred  picket-men,  ten  from  each 
company,  to  go  as  a  fatigue-party  about  one 
o'clock  A.M.,  of  the  sixteenth  instant,  to  Seees- 
sionville.  I  placed  Captain  Joshua  Jamison  in 
command  of  the'detail,  and  Lieutenants  L.  S.  Hill, 
H.  H.  Sally,  and  J.  B.  Cobb,  were  detailed  as 
Lieutenants,  thus  completing  a  command  as  one 
company. 

This  detail  arrived  at  Secessionville  in  time  to 
meet  the  first  onset  of  the  enemy.  Captain  Ja 
mison,  and  Lieutenants  Hill,  Sally,  and  Cobb, 
acted  with  great  coolness,  courage,  and  determi 
nation,  and  sustained  and  supported  Captain 
ReidS  battery  to  the  last.  The  ranks  of  this  de 
tail,  as  will  be  seen  by  the  exhibit  A,  accompa 
nying  this,  were  decimated.  Killed,  ten ;  wound 
ed,  s$ven. 

The  balance  of  my  command  were  ordered  to 
support  the  battery  to  the  right  of  Secessionville, 
when  a  galling  fire  was  opened  upon  us  from  the 
enemy's  artillery,  without  damage. 

We  were  then  ordered  to  the  support  of  Seces 
sionville,  and  arrived  there  at  the  close  of  the  en 
gagement. 

I  am  happy  to  state  that  my  command  through 
out  acted  with  coolness  and  determination ;  and 
that  too  much  praise  cannot  be  bestowed  upon 
Captain  Jamison  and  the  lieutenants  and  detail 
before  alluded  to,  for  the  manner  in  which  they 
demeaned  themselves  in  the  fight. 

I  would  state  one  fact,  before  bringing  this  re 
port  to  a  close,  that  according  to  the  number  ac 
tively  engaged,  that  the  detail  of  one  hundred 
men  made  from  my  command,  under  Captain 
Jamison,  suffered  more  in  proportion  than  any 
of  the  forces  on  our  side. 

I  have  the  honor  to  be,  sir,  your  obedient  serv 
ant,  S.  D.  GOODLET, 

Colonel  Commanding  Twenty-second  Regiment  S.  C.  V. 

Names  of  individuals  reported  by  commanders, 

as    distinguished  for  gallant  conduct  in   the 

affair  at  James  Island. 

In  the  report  of  Brigadier-General  N.  G.  Evans : 

Colonel  J.  G.  Lamar,  Lamar's  regiment  S.  C. 
artillery,  for  gallant  and  meritorious  conduct. 

Lieutenant-Colonel  Gaillard,  Charleston  battal 
ion  S.  C.  V.,  (mentioned  particularly  in  report  of 
Colonel  J.  G.  Lamar,)  gallant  conduct. 

Lieutenant-Colonel  A.  D.  Smith,  Smith's  bat 
talion  S.  C.  V.,  (mentioned  particularly  in  report 
of  Colonel  J.  G.  Lamar,)  gallant  conduct. 

Captain  Samuel  J.  Reed,  company  B,  Lamar's 
regiment  artillery,  fell  gallantly  fighting  one  of 
his  guns,  again  mentioned  in  report  of  Colonel 
J.  G.  Lamar. 

Personal  staff: 

First  Lieutenant  W.  H.  Rogers,  special  aid-de 
camp,  rendered  valuable  service  in  transmitting 
orders  under  fire. 

Captains  R.  E.  Elliott,  Samuel  J.  Corrie,  and 
H.  W.  Carr,  volunteer  aids-de-camp,  rendered 
valuable  service  in  transmitting  orders  under  fire. 

Assistant  Surgeon  James  Evans,  rendered  ma 
terial  aid  to  fie  wounded. 

In  the  report  of  Cc.  lonel  J.  G.  Larnar : 


Lieutenant-Colonel  A.  D.  Smith,  Smith's  bat- 
tallion,  S.  C.  V.,  gallant  and  meritorious  conduct, 
(mentioned  in  report  of  Brigadier-General  N.  G. 
Evans.) 

Lieutenant-Colonel  C.  P.  Gaillard,  Charleston 
battalion,  gallant  conduct,  mentioned  in  report 
of  Brigadier-General  N.  G.  Evans,  stationed  in 
the  centre  and  on  the  right  of  battery,  at  Seces 
sionville,  and  subsequently  in  command  of  the 
battery. 

Major  David  Ramsay,  Charleston  battalion, 
meritorious  conduct  on  the  right  of  the  battery 
at  Secessionville.  Major  Hudson,  Smith's  battal 
ion,  meritorious  conduct,  on  the  left  of  the  bat 
tery  at  Secessionville. 

Captain  Samuel  J.  Reed,  company  B,  Lamar's 
regiment  artillery,  fell  fighting  at  one  of  his  guns 
on  the  battery  at  Secessionville,  (mentioned  in 
Brigadier-General  Evans's  report.) 

Captain  F.  T.  Miles,  Calhoun  Guard,  Charles 
ton  battalion,  gallant  conduct,  stationed  on  bat 
tery  at  Secessionville. 

Captain  G.  D.  Keitt,  Lamar's  regiment  artille 
ry,  great  bravery. 

Lieutenants  Barton,  Oliver,  and  Mosley,  same 
regiment,  great  bravery. 

Senior  First  Lieutenant  J.  B.  Humbert,  com 
pany  I,  Lamar's  regiment  artillery,  specially  men 
tioned  for  great  bravery  and  valuable  service,  sta 
tioned  in  battery  at  Secessionville,  eight-inch 
columbiad. 

Lieutenants  Lancaster  and  Johnson,  company 

B,  Lamar's  regiment,  and  Lieutenant  Bellinger, 
of  same  company,  gallant  conduct,  in  battery  at 
Secessionville. 

Lieutenant  W.  H.  Retchings,  company  H,  La- 
mar's  regiment,  gallant  conduct,  Reed's  battery, 
Clarke's  house. 

Adjutant  E.  J.  Frederick,  Lamar's  regiment, 
gallant   conduct,  battery  at   Secessionville,  and 
Reed's  battery,  at  Clarke's  house. 
Captain  W.  W.  McCreery,  ordnance  department, 

C.  S.  A.,  rendered  valuable  service  at  the  eight- 
inch  columbiad,  in  the  battery  at  Secessionville. 

Captain  Bonneau,  Lieutenants  Mathews  and 
Hall,  C.  S.  N.,  rendered  valuable  service  at  the 
eight-inch  columbiad  in  the  battery  at  Secession 
ville. 

In  the  report  of  Colonel  S.  D.  Goodlet,  Twenty- 
second  regiment  S.  C.  V.  : 

Captain  Joshua  Jamison,  Lieutenant  L.  S.  Hill, 
H.  H.  Sally,  and  J.  B.  Cobb,  valuable  service  and 
gallant  conduct  in  sustaining  the  battery  at 
Clarke's  house. 

In  the  report  of  Colonel  Stephens,  Twenty- 
fourth  regiment  S.  C.  V. : 

Lieutenant-Colonel  Capers,  Twenty-fourth  regi 
ment  S.  C.  V.,  gallant  conduct  in  defending  ad 
vanced  battery  of  twenty -four  pound  guns. 

Captain  Tompkins,  company  K,  and  Lieuten 
ant  Beckham,  company  G,  gallant  conduct  in 
holding  advanced  position  until  ordered  to  with 
draw. 

In  the  report  of  Lieutenant-Colonel  A.  D. 
Smith,  Smith's  battalion  S.  C.  V. : 

Lieutenant  Campbell,  company  F,  gallant  con- 


504 


REBELLION  RECORD,  1862-63. 


duct  in  personally  repulsing  an  assaulting  party 
on  the  left  of  the  battery  at  Secessionville. 

Captain  W.  H.  Ryan,  valuable  service  in  bat 
tery  at  Secessionville. 

Lieutenant  E.  Brown,  company  F,  and  Lieu 
tenant  Alexander  A.  Allemory,  Irish  volunteers, 
valuable  service  in  carrying  ammunition  through 
fire  of  artillery  and  infantry. 

Sergeant  Hendricks,  valuable  service  in  carry 
ing  ammunition  under  heavy  fire  in  battery  at 
Secessionville. 

Private  Joseph  Tennent,  of  the  Calhoun  Guard, 
gallant  conduct  on  the  left  of  battery  at  Seces 
sionville. 

In  the  report  of  Lieutenant-Colonel  Simonton, 
Eutaw  battalion : 

Lieutenant  Blum,  Washington  light  infantry, 
company  B,  gallant  conduct,  advanced  position, 
on  the  right  flank. 

Total  casualties  in  the  battle :  killed,  fifty-one ; 
wounded,  one  hundred  and  forty-four  ;  missing, 
nine ;  since  dead,  three :  total,  two  hundred  and 
seven. 


Doc.  89. 
GEN.  PLEASANTON'S  RECONNOISSANCE. 

RICHMOND  «' DISPATCH"  ACCOUNT.* 

CAMP  NEAR  MARTINSBURGH,  October  4, 1862. 
To  the  Second  brigade  of  cavalry,  commanded 
by  Gen.  "VV.  H.  F.  Lee,  was  assigned  the  import 
ant  duty  of  guarding  the  fords  on  the  Potomac  at 
and  near  Shepherdstown.  On  the  morning  of 
the  first  instant  the  enemy  crossed  the  river  at  a 
ford  just  below  the  village  and  advanced,  driving 
in  our  pickets,  their  force  consisting  of  General 
Pleasan ton's  brigade  of  cavalry,  composed  of  the 
Eighth  Illinois,  Third  Indiana,  Sixth  Pennsylva 
nia,  and  a  Massachusetts  regiment,  accompanied 
by  a  battery  of  six  pieces  of  artillery.  Their  col 
umns  moved  upon  three  roads,  the  Shepherds- 
town  and  Winchester  turnpike,  a  county  road 
bearing  across  to  the  Martinsburgh  and  Winches 
ter  turnpike,  and  the  road  leading  directly  to  Mar 
tinsburgh.  Th'e  Ninth  Virginia,  at  that  time  on 
picket-duty,  contested  the  ground  inch  by  inch, 
as  it  was  forced  to  fall  back  before  the  superior 
numbers  of  the  enemy  and  await  reinforcement, 
during  which  time  the  first  squadron  of  that  re 
giment  made  a  brilliant  charge,  led  by  Captain 
Swann,  driving  the  enemy  before  them  until, 
overpowered,  it  was  compelled  to  retire,  with  a 
loss  of  one  man  killed  and  two  wounded.  About 
eleven  o'clock  the  Fourth  Virginia  was  ordered 
down  on  the  county  road  before  mentioned  to 
support  the  Ninth  ;  but  having  soon  ascertained 
that  the  main  body  of  the  enemy  were  advancing 
on  Martinsburgh,  the  whole  brigade  was  immedi 
ately  ordered  around  to  that  point.  On  approach 
ing  the  town  the  enemy  were  found  to  be  in  pos 
session,  having  brought  their  artillery  to  bear  on 
the  pickets  of  the  First  North-Carolina,  in  charge 
of  that  F ost,  which,  being  unsupported,  was  com- 

*  See  page  622  Doc.  5,  VoL  V. 


pelled  to  fall  back.  At  this  juncture  Gen.  Stuart 
came  upon  the  field  and  took  command,  leading 
the  column  in  person.  Sharp-shooters  having 
been  thrown  out  to  the  front,  under  command  of 
Captain  W.  W.  Strother,  moving  steadily  on,  the 
Fourth  Virginia  in  front,  led  by  Colonel  William  C. 
Wickham,  who,  by  his  tested  intrepidity  in  many 
instances,  has  won  the  confidence  and  esteem  of 
his  men,  the  enemy  were  driven  from  the  town 
and  compelled  to  fall  back  to  a  strong  position  on 
the  Opequan,  near  Stone  Bridge,  where,  placing 
their  battery  on  the  summit  of  the  hills  on  the 
opposite  side,  they  prepared  to  make  a  stand, 
their  cannon  commanding  the  road  for  the  dis 
tance  of  a  mile  and  a  half  toward  Martinsburgh. 
Pausing  for  a  moment  to  deploy  the  sharp 
shooters  under  Captain  Strother,  the  Fourth  Vir 
ginia  dashed  boldly  forward,  and  though  shell 
bursted  in  quick  succession  overhead,  and  grape 
and  canister  ploughed  the  road  in  front,  not  a 
cheek  was  paled  or  a  heart  daunted  ;  for,  con 
spicuous  to  all  was  Stuart,  their  veteran  com 
mander,  gallantly  leading  the  front.  When  the 
enemy  beheld  the  column  dash  over  the  bridge  in 
the  face  of  their  guns,  and  the  riflemen  under 
their  bold  leader  were  pressing  sharply  forward 
and  pouring  their  volleys  in  upon  their  flank, 
they  broke  in  confusion,  leaving  the  field  at  full 
speed ;  nor  did  they  rally  again  until  within  a 
mile  and  a  half  of  Shepherdstown.  Here  they  were 
found  drawn  up  to  receive  the  charge,  as  follows : 
On  the  left  of  the  road,  in  a  field,  immediately 
behind  a  stone  wall,  the  Eighth  Illinois  in  line, 
platoons  thrown  out  to  cover  the  flanks  ;  on  the 
opposite  side,  some  hundred  yards  further  on, 
the  Third  Indiana  in  a  similar  position  ;  also,  be 
hind  a  strong  stone  wall,  the  balance  of  their 
cavalry,  drawn  up  in  the  road,  in  reserve  ;  and 
some  half  a  mile  to  the  rear  of  all,  their  artillery 
planted  on  a  commanding  eminence,  showered 
down  its  iron  hail,  while  from  behind  every  stone 
fence  or  bush  their  sharp-shooters  opened  a  cross 
fire  upon  our  advancing  column.  This  was,  in 
deed  the  crisis  of  the  day  ;  the  enemy,  so  situated 
that  it  seemed  impossible  to  close  with  them, 
were  raking  the  road  with  incessant  volleys. 
Scanning  the  field  at  a  glance,  Gen.  Stuart,  still 
in  front  cheering  his  men,  gave  the  command, 
"  Charge  them,  Hobson  ;  we  can't  stand  this  !" 
and  that  gallant  officer,  who,  with  the  first  squad 
ron  of  the  Fourth  Virginia,  composed  of  his  own 
company,  (the  Goochland,)  and  Capt.  Strother' s, 
(the  Madison  Dragoons,)  had  boldly  led  the  front 
during  the  whole  day,  now  rising  in  his  stirrups, 
waving  his  hat,  echoed  back  the  order — kk  Charge !" 
and  every  heart  in  his  little  band  responded 
nobly  to  the  call.  Plunging  their  rowels  deep 
into  their  already  jaded  steeds,  they  rushed  upon 
the  foe  and  closed  in  the  shock  of  battle  with  ten 
times  their  number.  Fortunately,  in  their  haste, 
when  forming  in  the  field,  the  enemy  neglected 
to  close  the  narrow  gate  through  which  they 
passed,  the  only  approach  by  which  they  could 
be  assailed  hand  to  hand,  and  through  this  nar 
row  avenue  the  squadron  rushed  by  single  file, 
led  by  their  gallant  commanders,  Capts.  llobson 


DOCUMENTS. 


505 


and  Strother,  and  other  officers,  each  eager  to  be 
the  first  to  cross  sabres  with  the  enemy,  who, 
reserving  their  fire,  opened  upon  the  squadron  as 
one  by  one  they  closed  with  them,  and  only 
jaelded  the  field  when  their  repeaters  were  ex 
hausted,  and  many  of  them  had  tried  the  temper 
of  Southern  steel  and  the  strength  of  Southern 
arms.  The  rout  was  complete — they  fled,  leaving 
their  wounded  and  dismounted  men  to  fall  into 
our  hands,  crossed  the  river  below  Shepherds- 
town  in  confusion,  and  sought  a  resting-place  for 
the  night  beyond  the  Potomac,  where  their  slum 
bers  might  be  .less  liable  to  interruption.  The 
ladies  of  the  village  welcomed  the  "rebels"  after 
the  labors  of  the  day  with  all  those  winning  de 
monstrations  of  female  joy  so  peculiarly  adapted 
to  an  occasion  like  this,  and  gratifying  to  a  sol 
dier,  who  feels  within  himself  the  proud  con 
sciousness  of  having  faithfully  discharged  his 
duty. 

We  are  called  upon  to  lament,  among  the  rest, 
the  fate  of  Lieut.  R.  H.  Gills,  of  Buckingham, 
who,  pressing  boldly  to  the  front  in  this  charge, 
fell  a  martyr  to  his  love  of  liberty  and  devoted 
zeal  for  our  glorious  cause.  N. 


Doc.  90. 
THE  ARMY  OF  THE  POTOMAC. 

LETTER  FROM  THE  SECRETARY  OF  WAR, 

Transmitting  the  ^Report  of  Major- General  G-eorge  B. 
McCitllan  upon  the  Organization,  of  the  Army  of  the 
Potomac,  and  its  Campaigns  in  Virginia  and  Mary 
land,  from  July  twenty-sixth,  1861,  to  November 
seventh,  1862. 

WAR  DEPARTMENT,  WASHINGTON  CITY,  D.  C.,  ) 
December  22, 1863.      f 

SIR  :  In  compliance  with  the  resolution  dated 
December  fifteenth,  1863,  I  have  the  honor  to 
communicate  herewith  "  the  report  made  by 
Major- General  George  B.  McClellan,  concerning  the 
organization  and  operations  of  the  army  of  the 
Potomac  while  under  his  command,  and  of  all 
army  operations  while  he  was  commander-in- 
chief." 

I  am,  sir,  very  respectfully,  your  obedient 
servant,  EDWIN  M.  STANTON, 

Secretary  of  War. 

Hon.    SCHUYLER    COLFAX, 

Speaker  of  the  House  of  Representatives. 


REPORT  OF  GE-N.  GEORGE  B.  McCLELLAN.! 

FIRST      PERIOD. 

CHAPTER  I. 

NEW- YORK,  August  4, 1868. 

SIR  :  T  have  the  honor  to  submit  herein  the 
official  report  of  the  operations  of  the  army  of 
the  Potomac  while  under  my  charge.  Accom 
panying  it  are  the  reports  of  the  corps,  division, 
and  subordinate  commanders,  pertaining  to  the 
various  engagements,  battles,  and  occurrences  of 
the  campaigns,  and  important  documents  con 
nected  with  its  organization,  supply,  and  move 
ments.  These,  with  lists  of  maps  and  memo 


randa  submitted,  will  be  found  appended,  duly 
arranged,  and  marked  for  convenient  reference. 

Charged,  in  the  spring  of  1861,  with  the  opera 
tions  in  the  department  of  the  Ohio,  which  in 
cluded  the  States  of  Illinois,  Indiana,  Ohio,  and  lat 
terly  Western  Virginia,  it  had  become  my  duty  to 
counteract  the  hostile  designs  of  the  enemy  in 
Western  Virginia,  which  were  immediately  direct 
ed  to  the  destruction  of  the  Baltimore  and  Ohio 
Railroad,  and  the  possession  of  the  Kanawha 
Valley,  with  the  ultimate  object  of  gaining  Wheel 
ing  and  the  control  of  the  Ohio  River. 

The  successful  affairs  of  Philippi,  Rich  Mount 
ain,  Carrick's  Ford,  etc.,  had  been  fought,  and  I 
had  acquired  possession  of  all  Western  Virginia 
north  of  the  Kanawha  Valley,  as  well  as  of  the 
lower  portion  of  that  valley. 

I  had  determined  to  proceed  to  the  relief  of 
the  upper  Kanawha  Valley,  as  soon  as  provision 
was  made  for  the  permanent  defence  of  the 
mountain  passes  leading  from  the  east  into  the 
region  under  control,  when  I  received  at  Beverly, 
in  Randolph  County,  on  the  twenty-first  of  July, 
1861,  intelligence  of  the  unfortunate  result  of  the 
battle  of  Manassas,  fought  on  that  day. 

On  the  twenty-second  I  received  an  order  by 
telegraph,  directing  me  to  turn  over  my  com 
mand  to  Brigadier-General  Rosecrans,  and  repair 
at  once  to  Washington. 

I  had  already  caused  reconnoissances  to  be 
made  for  intrenchments  at  the  Cheat  Mountain 
pass ;  also  on  the  Hunterville  road,  near  Elk- 
water,  and  at  Red  House,  near  the  main  road 
from  Romney  to  Grafton.  During  the  afternoon 
and  night  of  the  twenty-second  I  gave  the  final 
instructions  for  the  construction  of  these  works, 
turned  over  the  command  to  Brigadier-General 
Rosecrans,  and  started,  on  the  morning  of  the 
twenty-third,  for  Washington,  arriving  there  on 
the  afternoon  of  the  twenty-sixth.  On  the  twen 
ty-seventh  I  assumed  command  of  the  division 
of  the  Potomac,  comprising  the  troops  in  and 
around  Washington,  on  both  banks  of  the  river. 

With  this  brief  statement  of  the  events  which 
immediately  preceded  my  being  called  to  the 
command  of  the  troops  at  Washington,  I  pro 
ceed  to  an  account,  from  such  authentic  data  as 
are  at  hand,  of  my  military  operations  while  com 
mander  of  the  army  of  the  Potomac. 

The  subjects  to  be  considered  naturally  ar 
range  themselves  as  follows  : 

The  organization  of  the  army  of  the  Potomac. 
The  military  events  connected  with  the  defences 
of  Washington,  from  July,  1861,  to  March,  1862. 
The  campaign  on  the  Peninsula,  and  that  in  Mary- 
and. 

The  great  resources  and  capacity  for  powerful 
resistance  of  the  South  at  the  breaking  out  of  the 
Rebellion,  and  the  full  proportions  of  the  great 
conflict  about  to  take  place,  were  sought  to  be 
carefully  measured  ;  and  I  had  also  endeavored, 
by  every  means  in  my  power,  to  impress  upon 
the  authorities  the  necessity  for  such  immediate 
and  full  preparation  as  alone  would  enable  the 
Government  to  prosecute  the  war  on  a  scale  com 
mensurate  with  the  resistance  to  be  offered. 


506 


REBELLION  RECORD,  1863. 


On  the  fourth  of  August,  1861,  I  addressed  to 
the  President  the  following  memorandum,  pre 
pared  at  his  request : 

MEMORANDUM. 

The  object  of  the  present  war  differs  from  those 
in  which  nations  are  engaged,  mainly  in  this  : 
that  the  purpose  of  ordinary  war  is  to  conquer  a 
peace,  and  make  a  treaty  on  advantageous  terms  ; 
in  this  contest  it  has  become  necessary  to  crush 
a  population  sufficiently  numerous,  intelligent, 
and  warlike  to  constitute  a  nation.  We  have 
not  only  to  defeat  their  armed  and  organized 
forces  in  the  field,  but  to  display  such  an  over 
whelming  strength  as  will  convince  all  our  an 
tagonists,  especially  those  of  the  governing, 
aristocratic  class,  of  the  utter  impossibility  of  re 
sistance.  Our  late  reverses  make  this  course 
imperative.  Had  we  been  successful  in  the  re 
cent  battle  (Manassas)  it  is  possible  that  we 
might  have  been  spared  the  labor  and  expenses 
of  a  great  effort 

Now  we  have  no  alternative.  Their  success 
will  enable  the  political  leaders  of  the  rebels  to 
convince  the  mass  of  their  people  that  we  are 
inferior  to  them  in  force  and  courage,  and  to 
command  all  their  resources.  The  contest  began 
with  a  class,  now  it  is  with  a  people — our  mili 
tary  success  can  alone  restore  the  former  issue. 

By  thoroughly  defeating  their  armies,  taking 
their  strong  places,  and  pursuing  a  rigidly  pro 
tective  policy  as  to  private  property  and  unarmed 
persons,  and  a  lenient  course  as  to  private  sol 
diers,  we  may  well  hope  for  a  permanent  restora 
tion  of  a  peaceful  Union.  But  in  the  first  in 
stance  the  authority  of  the  Government  must  be 
supported  by  overwhelming  physical  force. 

Our  foreign  relations  and  financial  credit  also 
imperatively  demand  that  the  military  action  of 
the  Government  should  be  prompt  and  irresisti 
ble. 

The  rebels  have  chosen  Virginia  as  their  battle 
field,  and  it  seems  proper  for  us  to  make  the  first 
great  struggle  there.  But  while  thus  directing 
our  main  efforts,  it  is  necessary  to  dimmish  the 
resistance  there  offered  us,  by  movements  on 
other  points  both  by  land  and  water. 

Without  entering  at  present  into  details,  I 
would  advise  that  a  strong  movement  be  made  on 
the  Mississippi,  and  that  the  rebels  be  driven  out 
of  Missouri. 

As  soon  as  it  becomes  perfectly  clear  that 
Kentucky  is  cordially  united  with  us,  I  would 
advise  a  movement  through  that  State  into  East 
ern  Tennessee,  for  the  purpose  of  assisting  the 
Union  men  of  that  region  and  of  seizing  the  rail 
roads  leading  from  Memphis  to  the  east. 

The  possession  of  these  roads  by  us,  in  con 
nection  with  the  movement  on  the  Mississippi, 
would  go  far  toward  determining  the  evacuation 
of  Virginia  by  the  rebels.  In  the  mean  time  all 
the  passes  into  Western  Virginia  from  the  east 
should  be  securely  guarded,  but  I  would  advise 
no  movement  from  that  quarter  toward  Rich 
mond,  unless  the  political  condition  of  Kentucky 
renders  it  impossible  or  inexpedient  for  us  to 


make  the  movement  upon  Eastern  Tennessee 
through  that  State.  Every  effort  should,  how 
ever,  be  made  to  organize,  equip  and  arm  as 
many  troops  as  possible  in  Western  Virginia,  in 
order  to  render  the  Ohio  and  Indiana  regiments 
available  for  other  operations. 

At  as  early  a  day  as  practicable,  it  would  be 
well  to  protect  and  reopen  the  Baltimore  and 
Ohio  Railroad.  Baltimore  and  Fort  Monroe 
should  be  occupied  by  garrisons  sufficient  to  re 
tain  them  in  our  possession. 

The  importance  of  Harper's  Ferry  and  the  line 
of  the  Potomac  in  the  direction  of  Leesburgh 
will  be  very  materially  diminished  so  soon  as  our 
force  in  this  vicinity  becomes  organized,  strong, 
and  efficient,  because  no  capable  general  will 
cross  the  river  north  of  this  city,  when  we  have 
a  strong  army  here  ready  to  cut  off  his  retreat. 

To  revert  to  the  west.  It  is  probable  that  no 
very  large  additions  to  the  troops  now  in  Mis 
souri  will  be  necessary  to  secure  that  State. 

I  presume  that  the  force  required  for  the  move 
ment  down  the  Mississippi  will  be  determined 
by  its  commander  and  the  President.  If  Ken 
tucky  assumes  the  right  position,  not  more  than 
twenty  thousand  will  be  needed,  together  with 
those  that  can  be  raised  in  that  State  and  East 
ern  Tennessee,  to  secure  the  latter  region  and  its 
railroads  as  well  as  ultimately  to  occupy  Nashville. 

The  Western  Virginia  troops,  with  not  more 
than  five  to  ten  thousand  from  Ohio  and  Indiana, 
should,  under  proper  management,  suffice  for  its 
protection. 

When  we  have  reorganized  our  main  army 
here,  ten  thousand  men  ought  to  be  enough  to 
protect  the  Baltimore  and  Ohio  Railroad  and  the 
Potomac,  five  thousand  will  garrison  Baltimore, 
three  thousand  Fort  Monroe,  and  not  more  than 
twenty  thousand  will  be  necessary  at  the  utmost 
for  the  defence  of  Washington. 

For  the  main  army  of  operations  I  urge  the 
following  composition  : 

250  regiments  of  infantry,  say,  .225,000  men. 
100  field  batteries,  600  guns, . .   15,000    " 

28  regiments  of  cavalry, 25,500    " 

5  regiments  engineer  troops, . ..     7,500    " 


Total, 


.273,000 


The  force  must  be  supplied  with  the  necessary 
engineer  and  pontoon  trains,  and  with  transporta 
tion  for  every  thing  save  tents.  Its  general  line 
of  operations  should  be  so  directed  that  water 
transportation  can  be  availed' of  from  point  to 
point,  by  means  of  the  ocean  and  the  rivers 
emptying  into  it.  An  essential  feature  of  the 
plan  of  operations  will  be  the  employment  of  a 
strong  naval  force  to  protect  the  movement  of  a 
fleet  of  transports  intended  to  convey  a  consider 
able  body  of  troops  from  point  to  point  of  the 
enemy's  sea-coast,  thus  either  creating  diversions 
and  rendering  it  necessary  for  them  to  detach 
largely  from  their  main  body  in  order  to  protect 
such  of  their  cities  as  may  be  threatened,  or  else 
landing  and  forming  establishments  on  their 
coast  at  any  favorable  places  that  opportunitj 


DOCUMENTS 


507 


might  offer.  This  naval  force  should  also  co 
operate  with  the  main  army  in  its  efforts  to  seize 
the  important  seaboard  towns  of  the  rebels. 

It  cannot  be  ignored  that  the  construction  of 
railroads  has  introduced  a  new  and  very  import 
ant  element  into  war,  by  the  great  facilities  thus 
given  for  concentrating  at  particular  positions 
large  masses  of  troops  from  remote  sections,  and 
by  creating  new  strategic  points  and  lines  of  oper 
ations. 

It  is  intended  to  overcome  this  difficulty  by 
the  partial  operations  suggested,  and  such  others 
as  the  particular  case  may  require.  We  must 
endeavor  to  seize  places  on  the  railways  in  the 
rear  of  the  enemy's  points  of  concentration,  and 
we  must  threaten  their  seaboard  cities,  in  order 
that  each  State  may  be  forced,  by  the  necessity 
of  its  own  defence,  to  diminish  its  contingent  to 
the  confederate  army. 

The  proposed  movement  down  the  Mississippi 
will  produce  important  results  in  this  connection. 
That  advance  and  the  progress  of  the  main  army 
at  the  East  will  materially  assist  each  other  by 
diminishing  the  resistance  to  be  encountered  by 
each. 

The  tendency  of  the  Mississippi  movement 
upon  all  questions  connected  with  cotton  is  too 
well  understood  by  the  President  and  Cabinet  to 
need  any  illustration  from  me. 

There  is  another  independent  movement  that 
has  often  been  suggested  and  which  has  always 
recommended  itself  to  my  judgment.  I  refer  to 
a  movement  from  Kansas  and  Nebraska  through 
the  Indian  Territory  upon  Red  River  and  West 
ern  Texas  for  the  purpose  of  protecting  and  de 
veloping  the  latent  Union  and  free  State  senti 
ment  well  known  to  predominate  in  Western 
Texas,  and  which,  like  a  similar  sentiment  in 
Western  Virginia,  will,  if  protected,  ultimately 
organize  that  section  into  a  free  State.  How  far 
it  will  be  possible  to  support  this  movement  by 
an  advance  through  New-Mexico  from  California, 
is  a  matter  which  I  have  not  sufficiently  ex 
amined  to  be  able  to  express  a  decided  opinion. 
If  at  all  practicable,  it  is  eminently  desirable,  as 
bringing  into  play  the  resources  and  warlike 
qualities  of  the  Pacific  States,  as  well  as  identify 
ing  them  with  our  cause  and  connecting  the  bond 
of  Union  between  them  and  the  general  govern 
ment. 

If  it  is  not  departing  too  far  from  my  province, 
I  will  venture  to  suggest  the  policy  of  an  ultimate 
alliance  and  cordial  understanding  with  Mexico  ; 
their  sympathies  and  interests  are  with  us — their 
antipathies  exclusively  against  our  enemies  and 
their  institutions.  I  think  it  would  not  be  diffi 
cult  to  obtain  from  the  Mexican  government  the 
right  to  use,  at  least  during  the  present  contest, 
the  road  from  Guaymas  to  New-Mexico  ;  this  con 
cession  would  very  materially  reduce  the  obsta 
cles  of  the  column  moving  from  the  Pacific ;  a 
similar  permission  to  use  their  territory  for  the 
passage  of  troops  between  the  Panuco  and  the 
Rio  Grande  would  enable  us  to  throw  a  column 
of  troops  by  a  good  road  from  Tampico,  or  some 
of  the  small  harbors  north  of  it,  upon  and  across 


the  Rio  Grande,  without  risk  and  scarcely  firin<* 
a  shot. 

To  what  extent,  if  any,  it  would  be  desirable  to 
take  into  service  and  employ  Mexican  soldiers,  is 
a  question  entirely  political,  on  which  I  do  not 
venture  to  offer  an  opinion. 

The  force  I  have  recommended  is  large ;  the 
expense  is  great.  It  is  possible  that  a  smaller 
force  might  accomplish  the  object  in  view,  but  I 
understand  it  to  be  the  purpose  of  this  great 
nation  to  reestablish  the  power  of  its  government, 
and  restore  peace  to  its  citizens,  in  the  shortesx 
possible  time. 

The  question  to  be  decided  is  simply  this :  shall 
we  crush  the  rebellion  at  one  blow,  terminate  the 
war  in  one  campaign,  or  shall  we  leave  it  as  $ 
legacy  for  our  descendants  ? 

When  the  extent  of  the  possible  line  of  opera 
tions  is  considered,  the  force  asked  for  the  main 
army  under  my  command  cannot  be  regarded  as 
unduly  large ;  every  mile  we  advance  carries  us 
further  from  our  base  of  operations  and  renders 
detachments  necessary  to  cover  our  communica 
tions,  while  the  enemy  will  be  constantly  concen 
trating  as  he  falls  back.  I  propose,  with  the 
force  which  I  have  requested,  not  only  to  drive 
the  enemy  out  of  Virginia  and  occupy  Richmond, 
but  to  occupy  Charleston,  Savannah,  Montgomery, 
Pensacola,  Mobile,  and  New-Orleans ;  in  other 
words,  to  move  into  the  heart  of  the  enemy's 
country  and  crush  the  rebellion  in  its  very  heart. 

By  seizing  and  repairing  the  railroads  as  we 
advance,  the  difficulties  of  transportation  will  le 
materially  diminished.  It  is  perhaps  unneces 
sary  to  state  that,  in  addition  to  the  forces  named 
in  this  memorandum,  strong  reserves  should  be 
formed,  ready  to  supply  any  losses  that  may  occur. 

In  conclusion,  I  would  submit  that  the  exigen 
cies  of  the  treasury  may  be  lessened  by  making 
only  partial  payments  to  our  troops,  when  in  the 
enemy's  country,  and  by  giving  the  obligations 
of  the  United  States  for  such  supplies  as  may 
there  be  obtained.  GEO.  B.  MCCLELLAN, 

Major-General. 

I  do  not  think  the  events  of  the  war  have  prov 
ed  these  views  upon  the  method  and  plans  of  its 
conduct  altogether  incorrect.  They  certainly 
have  not  proved  my  estimate  of  the  number  of 
troops  and  scope  of  operations  too  large.  It  is 
probable  that  I  did  under-estimate  the  time  ne 
cessary  for  the  completion  of  arms  and  equip 
ments.  It  was  not  strange,  however,  that  by 
many  civilians  intrusted  with  authority  there 
should  have  been  an  exactly  opposite  opinion 
tield  on  both  these  particulars. 

The  result  of  the  first  battle  of  Manassas  had 
been  almost  to  destroy  the  morale  and  organiza 
tion  of  our  army,  and  to  alarm  Government  and 
people.  The  national  capital  was  in  danger ;  it 
was  necessary,  besides  holding  the  enemy  in 
check,  to  build  works  for  its  defence,  strong  and 
capable  of  being  held  by  a  small  force. 

It  was  necessary  also  to  create  a  new  army  for 
active  operations  and  to  expedite  its  organization, 
equipment,  and  the  accumulation  of  the  material 
of  war,  and  to  this  not  inconsiderable  labor  all 


508 


REBELLION  RECORD,  1862-63. 


my  energies  for  the  next  three  months  were  con 
stantly  devoted. 

Time  is  a  necessary  element  in  the  creation  of 
armies,  and  I  do  not,  therefore,  think  it  necessary 
to  more  than  mention  the  impatience  with  which 
many  regarded  the  delay  in  the  arrival  of  new 
levies,  though  recruited  and  pressed  forward  with 
unexampled  rapidity,  the  manufacture  and  sup 
ply  of  arms  and  equipments,  or  the  vehemence 
with  which  an  immediate  advance  upon  the 
enemy's  works  directly  in  our  front  was  urged 
by  a  patriotic  but  sanguine  people. 

The  President,  too,  was  anxious  for  the  speedy 
employment  of  our  army,  and  although  possessed 
of  my  plans  through  frequent  conferences,  desi 
red  a  paper  from  me  upon  the  condition  of  the 
forces  under  my  command  and  the  immediate 
measures  to  be  taken  to  increase  their  efficiency. 
Accordingly,  in  the  latter  part  of  October  I  ad 
dressed  the  following  letter  to  the  Secretary  of 
War: 

SIR  :  In  conformity  with  a  personal  understand 
ing  with  the  President  yesterday,  I  have  the 
honor  to  submit  the  following  statement  of  the 
condition  of  the  army  under  my  command,  and 
the  measures  required  for  the  preservation  of  the 


Government  and  the  su 
It  will  be  remembere 


e  rebellion, 
in  a  memorial  I  had 


ippression  of  th 
d  that  in  a  men 


the  honor  to  address  to  the  President  soon  after 
my  arrival  in  Washington,  and  in  my  communi 
cation  addressed  to  Lieutenant-General  Scott, 
under  date  of  eighth  of  August ;  in  my  letter  to 
the  President  authorizing  him,  at  his  request,  to 
withdraw  the  letter  written  by  me  to  General 
Scott ;  and  in  my  letter  of  the  eighth  of  Septem 
ber,  answering  your  note  of  inquiry  of  that  date, 
my  views  on  the  same  subject  are  frankly  and 
fully  expressed. 

In  these  several  communications  I  have  stated 
the  force  I  regarded  as  necessary  to  enable  this 
army  to  advance  with  a  reasonable  certainty  of 
success,  at  the  same  time  leaving  the  capital  and 
the  line  of  the  Potomac  sufficiently  guarded,  not 
only  to  secure  the  retreat  of  the  main  army,  in 
the  event  of  disaster,  but  to  render  it  out  of  the 
enemy's  power  to  attempt  a  diversion  in  Mary 
land. 

So  much  time  has  passed,  and  the  winter  is  ap 
proaching  so  rapidly,  that  but  two  courses  are 
left  to  the  Government,  namely,  either  to  go  into 
winter  quarters,  or  to  assume  the  offensive  with 
forces  greatly  inferior  in  numbers  to  the  army  I 
regarded  as  desirable  and  necessary.  If  political 
considerations  render  the  first  course  unadvisable, 
the  second  alone  remains.  While  I  regret  that  it 
has  not  been  deemed  expedient,  or  perhaps  possi 
ble,  to  concentrate  the  forces  of  the  nation  in  this 
vicinity,  (remaining  on  the  defensive  elsewhere,) 
keeping  the  attention  and  efforts  of  the  Govern 
ment  fixed  upon  this  as  the  vital  point,  where 
the  issue  of  the  great  contest  is  to  be  decided,  it 
may  still  be  that,  by  introducing  unity  of  action 
and  design  among  the  various  armies  of  the  land, 
by  determining  the  courses  to  be  pursued  by  the 


transferring  from  the  other  armies  the  super 
fluous  strength  not  required  for  the  purpose  in 
view,  and  thus  reenforcing  this  main  army, 
whose  destiny  it  is  to  decide  the  controversy,  we 
may  yet  be  able  to  move  with  a  reasonable  pros 
pect  of  success  before  the  winter  is  fairly  upon  us. 

The  nation  feels,  and  I  share  that  feeling,  that 
the  army  of  the  Potomac  holds  the  fate  of  the 
country  in  its  hands. 

The  stake  is  so  vast,  the  issue  so  momentous, 
and  the  effect  of  the  next  battle  will  be  so  import 
ant  throughout  the  future,  as  well  as  the  pres 
ent,  that  I  continue  to  urge,  as  I  have  ever  done 
since  I  entered  upon  the  command  of  this  army, 
upon  the  Government  to  devote  its  energies  and 
its  available  resources  toward  increasing  the  num 
bers  and  efficiency  of  the  army  on  which  its  sal 
vation  depends. 

A  statement,  carefully  prepared  by  the  chiefs 
of  engineers  and  artillery  of  this  army,  gives  us 
the  necessary  garrison  of  this  city  and  its  fortifi 
cations,  thirty-three  thousand  seven  hundred  and 
ninety-five  men — say  thirty-five  thousand. 

The  present  garrison  of  Baltimore  and  its  de 
pendencies  is  about  ten  thousand.  I  have  sent 
the  chief  of  my  staff  to  make  a  careful  examina 
tion  into  the  condition  of  these  troops,  and  to 
obtain  the  information  requisite  to  enable  me  to 
decide  whether  this  number  can  be  diminished, 
or  the  reverse. 

At  least  five  thousand  men  will  be  required  to 
watch  the  river  hence  to  Harper's  Ferry  and  its 
vicinity  ;  probably  eight  thousand  to  guard  the 
Lower  Potomac. 

As  you  are  aware,  all  the  information  we  have 
from  spies,  prisoners,  etc.,  agrees  in  showing 
that  the  enemy  have  a  force  on  the  Potomac  not 
less  than  one  hundred  and  fifty  thousand  strong, 
well  drilled  and  equipped,  ably  commanded  and 
strongly  intrenched.  It  is  plain,  therefore,  that 
to  insure  success,  or  to  render  it  reasonably  cer 
tain,  the  active  army  should  not  number  less  than 
one  hundred  and  fifty  thousand  efficient  troops, 
with  four  hundred  guns,  unless  some  material 
change  occurs  in  the  force  in  front  of  us. 

The  requisite  force  for  an  advance  movement 
by  the  army  of  the  Potomac  may  be  thus  esti 
mated  : 

Column  of  active  operations, 150.000  men,  400  guns. 

Garrison  of  the  city  of  Washington, 35,000     "       40      " 

To  guard  the  Potomac  to  Harper's  Ferry,      5,  00     "       12      " 

To  guard  the  Lower  Potomac, 8,000     "       24       " 

garrison  for  Baltimore  and  Annapolis, ..    10,00)    "       12      " 

Total  effective  force  required, 208,000  men,  4SS  guna. 

or  an  aggregate,  present  and  absent,  of  about 
two  hundred  and  forty  thousand  men,  should  the 
losses  by  sickness,  etc.,  not  rise  to  a  higher  per 
centage  than  at  present. 

Having  stated  what  I  regard  as  the  requisite 
force  to  enable  this  army  to  advance,  I  now  pro 
ceed  to  give  the  actual  strength  of  the  army  of 
the  Potomac. 

The  aggregate  strength  of  the  army  of  the  Po 
tomac,  by  the  official  report  on  the  morning  of 


various   commanders   under   one  general  plan,  |  the  twenty-seventh  instant,  was  one  hundred  and 


DOCUMENTS. 


509 


sixty-eight  thousand  three  hundred  and  eighteen 
officers  and  men,  of  all  grades  and  arms.  This 
included  the  troops  at  Baltimore  and  Annapolis, 
on  the  Upper  and  Lower  Potomac,  the  sick,  ab 
sent,  etc. 

The  force  present  for  duty  was  one  hundred 
and  forty-seven  thousand  six  hundred  and  ninety- 
five.  Of  this  number,  four  thousand  two  hun 
dred  and  sixty-eight  cavalry  were  completely  un 
armed,  three  thousand  one  hundred  and  sixty- 
three  cavalry  only  partially  armed,  five  thousand 
nine  hundred  and  seventy-nine  infantry  unequip 
ped,  making  thirteen  thousand  four  hundred  and 
ten  unfit  for  the  field,  (irrespective  of  those  not 
yet  sufficiently  drilled,)  and  reducing  the  effective 
force  to  one  hundred  and  thirty -four  thousand 
two  hundred  and  eighty-five,  and  the  number 
disposable  for  an  advance  to  seventy-six  thou 
sand  two  hundred  and  eighty-five.  The  infant 
ry  regiments  are,  to  a  considerable  extent,  arm 
ed  with  unserviceable  weapons.  Quite  a  large 
number  of  good  arms,  which  had  been  intended 
for  this  army,  were  ordered  elsewhere,  leaving 
the  army  of  the  Potomac  insufficiently,  and,  in 
some  cases,  badly  armed. 

On  the  thirtieth  of  September  there  were  with 
this  army  two  hundred  and  twenty-eight  field 
guns  ready  for  the  field ;  so  •  far  as  arms  and 
equipments  are  concerned,  some  of  the  batteries 
are  still  quite  raw,  and  unfit  to  go  into  action.  I 
have  intelligence  that  eight  New-York  batteries 
are  en  route  hither ;  two  others  are  ready  for 
the  field.  I  will  still  (if  the  New-York  batteries 
have  six  guns  each)  be  one  hundred  and  twelve 
guns  short  of  the  number  required  for  the  active 
column,  saying  nothing,  for  the  present,  of  those 
necessary  for  the  garrisons  and  corps  on  the  Po 
tomac,  which  would  make  a  total  deficiency  of 
two  hundred  guns. 

I  have  thus  briefly  stated  our  present  condi 
tion  and  wants  ;  it  remains  to  suggest  the  means 
of  supplying  the  deficiencies. 

First,  that  all  the  cavalry  and  infantry  arms,  as 
fafit  as  procured,  whether  manufactured  in  this 
country  or  purchased  abroad,  be  sent  to  this 
army  until  it  is  fully  prepared  for  the  field. 

Second,  that  the  two  companies  of  the  Fourth 
artillery,  now  understood  to  be  en  route  from 
Fort  Randall  to  Fort  Monroe,  be  ordered  to  this 
army,  to  be  mounted  at  once ;  also,  that  the 
companies  of  the  Third  artillery,  en  route  from 
California,  be  sent  here.  Had  not  the  order  for 
Smead's  battery  to  come  here  from  Harrisburgh, 
to  replace  the  battery  I  gave  General  Sherman, 
been  so  often  countermanded,  I  would  again  ask 
for  it. 

Third,  that  a  more  effective  regulation  may  be 
made  authorizing  the  transfer  of  men  from  the 
volunteers  to  the  regular  batteries,  infantry  and 
cavalry;  that  we  may  make  the, best  possible 
use  of  the  invaluable  regular  "  skeletons." 

Fourth,  I  have  no  official  information  as  to  the 
United  States  forces  elsewhere,  but,  from  the 
best  information  I  can  obtain  from  the  War  De 
partment  and  other  sources,  I  am  led  to  believe 
that  the  United  States  troops  are  :  [ 

S.  D.  33. 


In  Western  Virginia,  about 30,000 

In  Kentucky, 40,000 

In  Missouri, 80,000 

In  Fortress  Monroe, 11,000 

Total, 161,000 

Besides  these,  I  am  informed  that  more  than 
one  hundred  thousand  are  in  progress  of  organ! 
zation  in  other  Northern  and  Western  States. 

I  would  therefore  recommend  that,  not  inter 
fering  with  Kentucky,  there  should  be  retained  in 
Western  Virginia  and  Missouri  a  sufficient  force 
for  defensive  purposes,  and  that  the  surplus 
troops  be  sent  to  the  army  of  the  Potomac,  to 
enable  it  to  assume  the  offensive ;  that  the  same 
course  be  pursued  in  respect  to  Fortress  Monroe, 
and  that  no  further  outside  expeditions  be  at 
tempted  until  we  have  fought  the  great  battle  in 
front  of  us. 

Fifth,  that  every  nerve  be  strained  to  hasten 
the  enrolment,  organization  and  armament  of 
new  batteries  and  regiments  of  infantry. 

Sixth,  that  all  the  battalions  now  raised  for  new 
regiments  of  regular  infantry  be  at  once  ordered 
to  this  army,  and  that  the  old  infantry  and  caval 
ry  en  route  from  California  be  ordered  to  this 
army  immediately  on  their  arrival  in  New-York. 

I  have  thus  indicated,  in  a  general  manner,  the 
objects  to  be  accomplished,  and  the  means  by 
which  we  may  gain  our  ends. 

A  vigorous  employment  of  these  means  will,  in 
my  opinion,  enable  the  army  of  the  Potomac  to 
assume  successfully  this  season  the  offensive 
operations  which,  ever  since  entering  upon  the 
command,  it  has  been  my  anxious  desire  and 
dilligent  effort  to  prepare  for  and  prosecute.  The 
advance  should  not  be  postponed  beyond  the 
twenty-fifth  of  November,  if  possible  to  avoid  it. 

Unity  in  councils,  the  utmost  vigor  and  energy 
in  action  are  indispensable.  The  entire  military 
field  should  be  grasped  as  a  whole,  and  not  in 
detached  parts. 

One  plan  should  be  agreed  upon  and  pursued  ; 
a  single  will  should  direct  and  carry  out  these 
plans. 

The  great  object  to  be  accomplished,  the  crush 
ing  defeat  of  the  rebel  army  (now)  at  Manassas, 
should  never  for  one  instant  be  lost  sight  of,  but 
all  the  intellect  and  means  and  men  of  the  Gov 
ernment  poured  upon  that  point  The  loyal 
States  possess  ample  force  to  effect  all  this  and 
more.  The  rebels  have  displayed  energy,  unan 
imity,  and  wisdom  worthy  of  the  most  desperate 
days  of  the  French  revolution.  Should  we  do 
less? 

The  unity  of  this  nation,  the  preservation  of 
our  institutions,  are  so  dear  to  me  that  I  have 
willingly  sacrificed  my  private  happiness  with 
the  single  object  of  doing  my  duty  to  my  country. 
When  the  task  is  accomplished,  I  shall  be  glad 
to  return  to  the  obscurity  from  which  events  have 
drawn  me. 

Whatever  the  determination  of  the  Government 
may  be,  I  will  do  the  best  I  can  with  the  army 
of  the  Potomac,  and  will  share  its  fate,  whatever 
may  be  the  task  imposed  upon  me. 


510 


REBELLION  RECORD,  1862-68. 


Permit  me  to  add  that,  on  this  occasion  as  here 
tofore,  it  has  been  my  aim  neither  to  exaggerate 
nor  underrate  the  power  of  the  enemy,  nor  fail  to 
express  clearly  the  means  by  which,  in  my  judg 
ment,  that  power  may  be  broken.  Urging  the 
energy  of  preparation  and  action,  which  has  ever 
been  my  choice,  but  with  the  fixed  purpose  by 
no  act  of  mine  to  expose  the  Government  to  hazard 
by  premature  movement,  and  requesting  that  this 
communication  may  be  laid  before  the  President, 

I  have  the  honor  to  be,  very  respectfully,  your 
obedient  servant,  G.  B.  MCCLELLAN, 

Major-General. 

Hon.  SIMON  CAMERON, 

Secretary  of  War. 

When  I  assumed  command  m  Washington,  on 
the  twenty-seventh  of  July,  1861,  the  number  of 
troops  in  and  around  the  city  was  about  fifty 
thousand  infantry,  less  than  one  thousand  caval 
ry,  and  six  hundred  and  fifty  artillerymen,  with 
nine  imperfect  field-batteries  of  thirty  pieces. 

On  the  Virginia  bank  of  the  Potomac  the  brigade 
organization  of  General  McDowell  still  existed, 
and  the  troops  were  stationed  at  and  in  rear  of 
Fort  Corcoran,  Arlington,  and  Fort  Albany,  at 
Fort,  Runyon,  Roach's  Mills,  Cole's  Mills,  and  in 
the  vicinity  of  Fort  Ellsworth,  with  a  detachment 
at  the  Theological  Seminary. 

There  were  no  troops  south  of  Hunting  Creek, 
and  many  of  the  regiments  were  encamped  on  the 
low  grounds  bordering  the  Potomac,  seldom  in 
the  best  positions  for  defence,  and  entirely  inad 
equate  in  numbers  and  condition  to  defend  the 
long  line  from  Fort  Corcoran  to  Alexandria. 

On  the  Maryland  side  of  the  river,  upon  the 
heights  overlooking  the  Chain  Bridge,  two  regi 
ments  were  stationed,  whose  commanders  were 
independent  of  each  other. 

There  were  no  troops  on  the  important  Tenally- 
town  road,  or  on  the  roads  entering  the  city  from 
the  south. 

The  camps  were  located  without  regard  to  pur 
poses  of  defence  or  instruction,  the  roads  were 
not  picketed,  and  there  was  no  attempt  at  an  or 
ganization  into  brigades. 

In  no  quarter  were  the  dispositions  for  defence 
such  as  to  offer  a  vigorous  resistance  to  a  respect 
able  body  of  the  enemy,  either  in  the  position  and 
numbers  of  the  troops,  or  the  number  and  char 
acter  of  the  defensive  works.  Earthworks,  in 
the  nature  of  tetes  de  pont,  looked  upon  the  ap 
proaches  to  the  Georgetown  aqueduct  and  ferry, 
the  Long  Bridge  and  Alexandria,  by  the  Little 
river  turnpike,  and  some  simple  defensive  ar 
rangements  were  made  at  the  Chain  Bridge. 
With  the  latter  exception  not  a  single  defensive 
work  had  been  commenced  on  the  Maryland  side. 

There  was  nothing  to  prevent  the  enemy  shell 
ing  the  city  from  heights  within  easy  range, 
which  could  be  occupied  by  a  hostile  column  al 
most  without  resistance.  Many  soldiers  had  de 
serted,  and  the  streets  of  Washington  were 
crowded  with  straggling  officers  and  men,  absent 
from  their  stations  without  authority,  whose  be 
havior  indicated  the  general  want  of  discipline 
and  organization. 


I  at  once  designated  an  efficient  staff,  afterward 
adding  to  it  as  opportunity  was  afforded  and  ne 
cessity  required,  who  zealously  cooperated  with 
me  in  the  labor  of  bringing  order  out  of  confusion, 
reassigning  troops  and  commands,  projecting  and 
throwing  up  defensive  works,  receiving  and  organ 
izing,  equipping  and  providing  for  the  new  levies 
arriving  in  the  city. 

The  valuable  services  of  these  officers  in  their 
various  departments,  during  this  and  throughout 
the  subsequent  periods  of  the  history  of  the  army 
of  the  Potomac,  can  hardly  be  sufficiently  appre 
ciated.  Their  names  and  duties  will  be  given  in 
another  part  of  this  report,  and  they  are  com 
mended  to  the  favorable  notice  of  the  War  Depart 
ment. 

The  restoration  of  order  in  the  city  of  Wash 
ington  was  effected  through  the  appointment  of 
a  provost-marshal,  whose  authority  was  supported 
by  the  few  regular  troops  within  my  command. 
These  troops  were  thus  in  position  to  act  as  a 
reserve,  to  be  sent  to  any  point  of  attack  where 
their  services  might  be  most  wanted  The  energy 
and  ability  displayed  by  Colonel  A.  Porter,  the 
Provost  Marshal,  and  his  assistants,  and  the  strict 
discharge  of  their  duty  by  the  troops,  produced 
the  best  results,  and  Washington  soon  became 
one  of  the  most  quiet  cities  in  the  Union. 

The  new  levies  of  infantry,  upon  arriving  in 
Washington,  were  formed  into  provisional  bri 
gades  and  placed  in  camp  in  the  suburbs  of  the 
city  for  eqipment,  instruction  and  discipline.  As 
soon  as  regiments  were  in  a  fit  condition  for  trans 
fer  to  the  forces  across  the  Potomac,  they  were 
assigned  to  the  brigades  serving  there.  Brigadier- 
General  F.  J.  Porter  was  at  first  assigned  to  the 
charge  of  the  provisional  brigades.  Brigatlier- 
General  A.  E.  Burnside  was  the  next  officer  as 
signed  this  duty,  from  wrhich,  however,  he  was 
soon  relieved  by  Brigadier-General  S.  Casey,  who 
continued  in  charge  of  the  newly  arriving  regi 
ments  until  the  army  of  the  Potomac  departed  for 
the  Peninsula,  in  March,  1862.  The  newly  ar 
riving  artillery  troops  reported  to  Brigadier-Gen- 
ral  William  F.  Barry,  the  Chief  of  Artillery,  and 
the  cavalry  to  Brigadier  General  George  Stone- 
man,  the  Chief  of  Cavalry. 

By  the  fifteenth  of  October,  the  number  of 
:roops  in  and  about  Washington,  inclusive  of  the 
garrison  of  the  city  and  Alexandria,  the  city  guard 
and  the  forces  on  the  Maryland  shore  of  the  Po- 
;omac  below  Washington,  and  as  far  as  Cumber 
and  above,  the  troops  under  the  command  of 
jreneral  Dix  at  Baltimore  and  its  dependencies, 
were  as  follows : 


Total  present  for  duty, 133,201 

"     sick, 9,290 

"     in  confinement, 1,156 


Aggregate  present, 143,647 

"         absent, 8,404 

Grand  aggregate, 152,051 

The  following  table  exhibits  similar  data  for 


DOCUMENTS. 


511 


the  periods  stated,  including  the  troops  in  Mary 
land  and  Delaware : 


Bute. 

Present. 

Absent. 

Total  present 
aiui  absent. 

For  duty. 

Sick. 

In  confine 
ment. 

Dec.  1,1861, 
Jan.  1,  1862, 
Feb.  1,1862, 
Mar.  1,1  862, 

169,452 
191,480 
190,806 
193,142 

15,102 
14,790 
14,363 
13,167 

2,189   . 
2,260 
2,917 
2,108 

11,470 
11,707 
14,110 
18,570 

198,213 
219,707 
222,196 
221,987 

For  convenience  of  reference  the  strength  of  the 
army  of  the  Potomac  at  subsequent  periods  is 
given. 


.b-  CO  CO 

00  rH  00 
CO  00  00 


CD  O  CO 
*O  (M  rH 
CO  CO  (M 


rH  ^  O 
^  'tf  CO 


1C 
00 


03 
1O 

CO  >O  O5 

icTo'io" 


O  O  1C 

rH  CD  rH 

CD  rH  ,t~- 

O  O  00 


CO  Ol  rH 
^  «>  b^ 


In  organizing  the  army  of  the  Potomac,  and 
preparing  it  for  the  field,  the  first  step  taken  was  to 
organize  the  infantry  into  brigades  of  four  regi 
ments  each  ;  retaining  the  newly  arrived  regi 
ments  on  the  Maryland  side  until  their  armament 
and  equipment  were  issued  and  they  had  obtained 
some  little  elementary  instruction,  before  assign 
ing  them  permanently  to  brigades.  When  the 
organization  of  the  brigades  was  well  established, 


and  the  troops  somewhat  disciplined  and  instruct 
ed,  divisions  of  three  brigades  each  were  gradually 
formed,  as  is  elsewhere  stated  in  this  report, 
although  I  was  always  in  favor  of  the  organiza* 
tion  into  army  corps  as  an  abstract  principle.  I 
did  not  desire  to  form  them  until  the  army  had 
been  for  some  little  time  in  the  field,  in  order  to 
enable  the  general  officers  first  to  acquire  the  re 
quisite  experience  as  division  commanders  on 
active  service,  and  that  I  might  be  able  to  decide 
from  actual  trial  who  were  best  fitted  to  exercise 
these  important  commands. 

For  a  similar  reason  I  carefully  abstained  from 
making  any  recommendations  for  the  promotion 
of  officers  to  the  grade  of  major-general. 

When  new  batteries  of  artillery  arrived  they 
also  were  retained  in  Washington  until  their 
armament  and  equipment  were  completed,  and 
their  instruction  sufficiently  advanced  to  justify 
their  being  assigned  to  divisions.  The  same 
course  was  pursued  in  regard  to  cavalry.  I  regret 
that  circumstances  have  delayed  the  Chief  of 
Cavalry,  General  George  Stoneman,  in  furbishing 
his  report  upon  the  organization  of  that  arm  of 
service.  It  will,  however,  be  forwarded  as  soon 
as  completed,  and  will,  doubtless,  show  that  the 
difficult  and  important  duties  intrusted  to  him 
were  efficiently  performed.  He  encountered  and 
overcame,  as  far  as  it  was  possible,  continual  and 
vexatious  obstacles  arising  from  the  great  defi 
ciency  of  cavalry  arms  and  equipments,  and  the 
entire  inefficiency  of  many  of  the  regimental 
officers  first  appointed ;  this  last  difficulty  was, 
to  a  considerable  extent,  overcome  in  the  cavalry, 
as  well  as  in  the  infantry  and  artillery,  by  the 
continual  and  prompt  action  of  courts-martial 
and  boards  of  examination. 

As  rapidly  as  circumstances  permitted,  every 
cavalry  soldier  was  armed  with  a  sabre  and  re 
volver,  and  at  least  two  squadrons  in  every  regi 
ment  with  carbines. 

It  was  intended  to  assign  at  least  one  regiment 
of  cavalry  to  each  division  of  the  active  army, 
besides  forming  a  cavalry  reserve  of  the  regular 
regiments  and  some  picked  regiments  of  volun 
teer  cavalry.  Circumstances  beyond  my  control 
rendered  it  impossible  to  carry  out  this  intention 
fully,  and  the  cavalry  force  serving  with  the  army 
in  the  field  was  never  as  large  as  it  ought  to  have 
been. 

It  was  determined  to  collect  the  regular  infan 
try  to  form  the  nucleus  of  a  reserve.  The  advan 
tage  of  such  a  body  of  troops  at  a  critical  mo 
ment,  especially  in  an  army  constituted  mainly 
of  new  levies,  imperfectly  disciplined,  has  been 
frequently  illustrated  in  military  history,  and  was 
brought  to  the  attention  of  the  country  at  the  first 
battle  of  Manassas.  I  have  not  been  disappoint 
ed  in  the  estimate  formed  of  the  value  of  these 
troops.  I  have  always  found  them  to  be  relied 
on.  Whenever  they  have  been  brought  under 
fire  they  have  shown  the  utmost  gallantry  and 
tenacity.  The  regular  infantry,  which  had  been 
collected  from  distant  posts  and  which  had  been 
recruited  as  rapidly  as  the  slow  progress  of  re 
cruiting  for  the  regular  service  would  allow,  add- 


512 


REBELLION  RECORD,  1862-63. 


ed  to  the  small  battalion  with  McDowell's  army, 
which  I  found  at  Washington  on  my  arrival, 
amounted,  on  the  thirtieth  of  August,  to  one 
thousand  and  forty  men ;  on  the  twenty-eighth 
of  February,  1802,  to  two  thousand  six  hundred 
and  eighty-two,  and  on  the  thirtieth  of  April  to 
four  thousand  six  hundred  and  three.  On  the 
seventeenth  of  May,  18G2,  they  were  assigned  to 
General  Porter's  corps  for  organization  as  a  di 
vision,  with  the  fifth  regiment  New-York  volun 
teers,  which  joined  May  fourth,  and  the  tenth 
New- York  volunteers,  which  joined  subsequent 
ly.  They  remained  from  the  commencement 
under  the  command  of  Brigadier-General  George 
Sykes,  Major  Third  infantry  United  States  army. 

ARTILLERY. 

The  creation  of  an  adequate  artillery  establish 
ment  for  an  army  of  so  large  proportions  was  a 
formidable  undertaking ;  and  had  it  not  been 
that  the  country  possessed  in  the  regular  service 
a  body  of  accomplished  and  energetic  artillery 
officers,  the  task  would  have  been  almost  hope 
less. 

The  charge  of  organizing  this  most  important 
arm  was  confided  to  Major  (afterward  Brigadier- 
General)  William  F.  Barry,  Chief  of  Artillery, 
whose  industry  and  zeal  achieved  the  best  re 
sults.  The  report  of  General  Barry  is  appended 
among  the  accompanying  documents.  By  refer 
ring  to  it,  it  will  be  observed  that  the  following 
principles  were  adopted  as  the  basis  of  organiza 
tion  : 

"  1.  That  the  proportion  of  artillery  should  be 
in  the  proportion  of  at  least  two  and  one  half 
pieces  to  one  thousand  men,  to  be  expanded,  if 
possible,  to  three  pieces  to  one  thousand  men. 

u  2.  That  the  proportion  of  rifled  guns  should 
be  restricted  to  the  system  of  the  United  States 
ordnance  department;  and  of  Parrott  and  the 
'smooth  bores'  (with  the  exception  of  a  few 
howitzers  for  special  service)  to  be  exclusively 
the  twelve-pounder  gun,  of  the  model  of  1857, 
variously  called  the  '  gun-howitzer,'  the  '  light 
twelve-pounder,  or  the  '  Napoleon.' 

"3.  That  each  field-battery  should,  if  practi 
cable,  be  composed  of  six  guns,  and  none  to  be 
less  than  four  guns,  and  in  all  cases  the  guns  of 
each  battery  should  be  of  uniform  calibre. 

"  4.  That  the  field-batteries  were  to  be  assign 
ed  to  divisions,  and  not  to  brigades,  and  in  the 
proportion  of  four  to  each  division,  of  which  one 
was  to  be  a  battery  of  regulars,  the  remainder 
of  volunteers,  the  captain  of  the  regular  battery 
to  be  the  commandant  of  artillery  of  the  division. 
In  the  event  of  several  divisions  constituting  an 
army  corps,  at  least  one  half  of  the  divisional 
artillery  was  to  constitute  the  reserve  artillery  of 
the  corps. 

"5.  That  the  artillery  reserve  of  the  whole 
army  should  consist  of  one  hundred  guns,  and 
should  comprise,  besides  a  sufficient  number  of 
light  '  mounted  batteries,'  all  the  guns  of  posi 
tion,  and  until  the  cavalry  were  massed,  all  the 
horse  artillery. 

u  6.  That  the  amount  of  ammunition  to  ac 


company  field-batteries  was  not  to  be  less  than 
four  hundred  rounds  per  gun. 

"  7.  A  siege  train  of  fifty  pieces.  This  was 
subsequently  expanded,  for  special  service  at  the 
siege  of  Yorktown,  to  very  nearly  one  hundred 
pieces,  and  comprised  the  unusual  calibres  and 
enormously  heavy  weight  of  metal  of  two  two 
hundred  pounders,  five  one  hundred  pounders, 
and  ten  thirteen-inch  sea-coast  mortars." 

As  has  been  before  stated,  the  Chief  of  Artil 
lery  reports  the  whole  of  the  field  artillery  of  the 
army  of  the  Potomac,  July  twenty-eighth,  1801, 
was  comprised  of  nine  imperfectly  equipped  bat 
teries,  of  thirty  guns,  six  hundred  and  fifty  men, 
and  four  hundred  horses.  In  March,  1802,  when 
the  whole  army  took  the  field,  it  consisted  of 
ninety-two  batteries,  of  five  hundred  and  twenty 
guns,  twelve  thousand  five  hundred  men,  and 
eleven  thousand  horses,  fully  equipped  and  in 
readiness  for  active  field  service ;  of  the  whole 
force  thirty  batteries  were  regulars,  and  sixty- 
two  batteries  volunteers.  During  the  short  pe 
riod  of  seven  months,  all  of  this  immense  amount 
of  material  was  issued  by  the  ordnance  depart 
ment  and  placed  in  the  hands  of  the  artillery 
troops  after  their  arrival  in  Washington.  About 
one  fourth  of  all  the  volunteer  batteries  brought 
with  them  from  their  respective  States  a  few 
guns  and  carriages,  but  they  were  nearly  all  of 
such  peculiar  calibre  as  to  lack  uniformity  with 
the  more  modern  and  more  serviceable  ordnance 
with  which  the  other  batteries  were  armed,  and 
they,  therefore,  had  to  be  withdrawn  and  re 
placed  by  more  suitable  material.  While  about 
one  sixth  came  supplied  with  horses  and  har 
ness,  less  than  one  tenth  were  apparently  fully 
equipped  for  service  when  they  reported ;  and 
every  one  of  these  required  the  supply  of  many 
deficiencies  of  material,  and  very  extensive  in 
struction  in  the  theory  and  practice  of  their  spe 
cial  arm. 

The  operations  on  the  Peninsula  by  the  army 
of  the  Potomac  commenced  with  a  full  field-artil 
lery  force  of  fifty-two  batteries  of  two  hundred 
and  ninety-nine  guns.  To  this  must  be  added 
the  field-artillery  of  Franklin's  division  of  McDow 
ell's  corps,  which  joined  a  few  days  before  the  cap 
ture  of  Yorktown,  but  was  not  disembarked  from. 
its  transports  for  service  until  after  the  battle 
of  Williamsburgh,  and  the  field-artillery  of  Mo- 
Call's  division  of  McDowell's  corps,  (four  batter 
ies,  twenty-two  guns,)  which  joined  in  June,  a 
few  days  before  the  battle  of  Mechanicsville, 
(June  twenty-sixth,  1862,)  making  a  grand  total 
of  field-artillery,  at  any  time  with  the  army  of  tha 
Peninsula,  of  sixty  batteries  of  three  hundred  and 
forty-three  guns.  With  this  large  force,  saving  in 
six  corps  d'armee  of  eleven  divisions,  and  the  ar 
tillery  reserve,  the  only  general  and  field-officerg 
were  one  brigadier-general,  four  colonels,  three 
lieutenant-colonels,  and  three  majors,  a  number 
obviously  insufficient,  and  which  impaired  to  a 
great  degree,  in  consequence  of  the  want  of  rank 
and  official  influence  of  the  commanders  of  corps 
and  division  artillery,  the  efficiency  of  the  arm, 
As  this  faulty  organization  can  be  suitably  cor« 


DOCUMENTS. 


513 


reeled  only  by  legislative  action,  it  is  earnestly 
hoped  that  the  attention  of  the  proper  authorities 
may  be  at  an  early  day  invited  to  it. 

When  there  were  so  many  newly  organized 
volunteer  field-batteries,  many  of  whom  received 
their  first  and  only  instruction  in  the  intrenched 
camps  covering  Washington  during  the  three  or 
four  inclement  months  of  the  winter  of  1861-'62, 
there  was,  of  course,  much  to  be  improved.  Many 
of  the  volunteer  batteries,  however,  evinced  such 
zeal  and  intelligence,  and  availed  themselves  so 
industriously  of  the  instructions  of  the  regular  of 
ficers,  their  commanders,  and  the  example  of  the 
regular  batteries,  their  associates,  that  they  made 
rapid  progress,  and  attained  a  degree  of  profi 
ciency  highly  creditable. 

The  designations  of  the  different  batteries  of 
artillery,  both  regular  and  volunteer,  follow  with 
in  a  few  pages. 

The  following  distribution  of  regiments  and 
batteries  was  made,  as  a  preliminary  organization 
of  the  forces  at  hand,  shortly  after  my  arrival  in 
Washington.  The  infantry,  artillery,  and  caval 
ry,  as  fast  as  collected  and  brought  into  primary 
organization,  were  assigned  to  brigades  and  divi 
sions,  as  indicated  in  the  subjoined  statements. 

Organization  of  the  Division  of  the  Potomac, 
August  4,  1861. 

Brigadier-  General  Hunter'1  s  brigade. — Twenty- 
third,  Twenty-fifth,  Thirty-fifth,  and  Thirty-sev 
enth  regiments  New-York  volunteers. 

Brigadier- General  Heintzelman ]s  brigade. — 
Fifth  regiment  Maine  volunteers,  Sixteenth,  Twen 
ty-sixth,  and  Twenty-seventh  regiments  New- 
York  volunteers,  and  Tidball's  battery,  (A,)  Se 
cond  United  States  artillery. 

Brigadier- General  W.  T.  Sherman's  brigade. — 
Ninth  and  Fourteenth  regiments  Massachusetts 
volunteers,  De  Kalb  regiment  New-York  volun 
teers,  Fourth  regiment  Michigan  volunteers,  Ham 
ilton's  battery,  (E,)  Third  United  States  artillery, 
and  company  I,  Second  United  States  cavalry. 

Brigadier-  General  Kearny's  brigade.  —  First, 
Second,  and  Third  regiments  New-Jersey  volun 
teers,  Green's  battery,  (G,)  Second  United  States 
artillery,  and  company  G,  Second  United  States 
cavalry. 

Brigadier-  General  Hooker's  brigade. — First  and 
Eleventh  regiments  Massachusetts  volunteers,  Se 
cond  regiment  New-Hampshire  volunteers,  and 
Twenty-sixth  regiment  Pennsylvania  volunteers. 

Colonel  Keyes's  brigade. — Twenty-second, Twen 
ty-fourth,  and  Thirtieth  regiments  New-York  vol 
unteers,  and  Fourteenth  regiment  New-York 
State  militia. 

Brigadier- General  Franklin's  brigade. —  Fif 
teenth,  Eighteenth,  Thirty-first,  and  Thirty-se 
cond  regiments  New-York  volunteers,  Platt's  bat 
tery,  (M,)  Second  United  States  artillery,  and 
company  C,  New- York  (Lincoln)  cavalry. 

Colonel  Blender's  brigade. — Eighth  and  Twen 
ty-seventh  regiments  New-York  volunteers,  Twen 
ty  seventh  regiment  Pennsylvania  volunteers,  and 
G:iril>aldi  Guard,  New-York  volunteers. 

Colonel  Richardson's  brigade. — Twelfth  regi 


ment  New- York  volunteers,  and  Second  and  Third 
regiments  Michigan  volunteers. 

Brigadier- General  Stone's  brigade. — Thirty- 
fourth  and  Tammany  regiments  New-York  volun 
teers,  First  regiment  Minnesota  volunteers,  and 
Second  regiment  New-York  State  militia. 

Colonel  William  F.  Smith's  brigade. — Second 
and  Third  regiments  Vermont  volunteers,  Sixth 
regiment  Maine  volunteers,  Thirty-third  regimenj 
New-York  volunteers,  company  II,  Second  United 
States  cavalry,  and  Captain  Mott's  New-York 
battery. 

Colonel  Couch's  brigade.  —  Second  regiment 
Rhode  Island  volunteers,  Seventh  and  Tenth  re 
giments  Massachusetts  volunteers,  and  Thirty- 
sixth  regiment  New- York  volunteers. 

The  Second  regiment  Maine,  the  Second  regi 
ment  Wisconsin,  and  :he  Thirteenth  regiment 
New- York  volunteers,  stationed  at  Fort  Corcoran. 

The  Twenty-first  regiment  New-York  volun 
teers,  stationed  at  Fort  Runyon. 

The  Seventeenth  regiment  New- York  volun 
teers,  stationed  at  Fort  Ellsworth. 

By  October  the  new  levies  had  arrived  in  suffi 
cient  numbers,  and  the  process  of  organization  so 
far  carried  on  that  the  construction  of  divisions 
had  been  effected. 

The  following  sUtement  exhibits  the  composi 
tion  of  the  army,  October  fifteenth,  1861. 

Organization  of  the  Army  of  the  Potomac,  Oc 
tober  15,  1861. 

1.  Brigadier- General  George  Stoneman's  can- 
airy   command. —  Fifth   United   States   cavalry. 
Fourth   Pennsylvania   cavalry,   Oneida   cavalry, 
(one  company,)  Eleventh  Pennsylvania  cavalry, 
(Harlan's,)  and  Barker's  Illinois   cavalry,   (one 
company.) 

2.  Colonel  H.  J.  Hunt's  artillery  reserve. — Bat 
teries  L,  A,  and  B,  Second  United  States  artillery, 
batteries  K  and  F,  Third  United  States  artillery, 
battery  K,  Fourth  United  States  artillery,  battery 
H,  First  United  States  artillery,  and  battery  A, 
Fifth  United  States  artillery. 

3.  CITY  GUARD,  BRIGADIER-GENERAL  ANDREW  PORTER. 

Cavalry. — Companies  A  and  E,  Fourth  United 
States  cavalry. 

Artillery.— Battery  K,  Fifth  United  States  ar 
tillery. 

Infantry. — Second  and  Third  battalions  United 
States  infantry,  Eighth  and  First  companies 
United  States  infantry,  and  Sturgis's  Rifles,  (Illi 
nois  volunteers.) 

4.    BANKS'S    DIVISION. 

Cavalry.  —  Four  companies  Third  regiment 
New -York  cavalry,  (Van  Allen's.) 

Artillery.—  Best's  battery  E,  Fourth  United 
States  artillery,  detachment  Ninth  New-York  ar 
tillery,  Matthews' s  battery  E,  First  Pennsylvania 
artillery,  Tompkins's  battery  A,  First  Rhode  Is 
land  artillery. 

Infantry.  —  Abercrombie's  brigade :  Twelfth 
Massachusetts,  Twelfth  and  Sixteenth  Indiana, 
Thirtieth  Pennsylvania  volunteers.  Stiles's  bri 
gade:  Third  Wisconsin,  Twenty-ninth  Pennsyl- 


5U 


REBELLION  RECORD,  1862-63. 


vania,  and  Thirteenth  Massachusetts  volunteers, 
and  Ninth  New- York  State  militia.  Gordon's 
brigade :  Second  Massachusetts,  Twenty-eighth 
and  Nineteenth  New- York,  Fifth  Connecticut, 
Forty-sixth  and  Twenty-eighth  Pennsylvania, 
and  First  Maryland  volunteers. 

MCDOWELL'S   DIVISION. 

Cavalry. — Second  New- York  cavalry,  (Harris's 
Light,)  Colonel  Davis. 

Artillery. — Battery  M,  Second,  and  battery  G, 
First  United  States  artillery. 

Infantry. — Reyes's  brigade  :  Fourteenth  New- 
York  State  militia,  and  Twenty-second,  Twenty- 
fourth,  and  Thirtieth  New- York  volunteers.  Wads- 
worth's  brigade:  Twelfth,  Twenty-first,  Twen 
ty-third,  and  Thirty-fifth  New-York  volunteers. 
King's  brigade:  Second,  Sixth,  and  Seventh  Wis 
consin,  and  Nineteenth  Indiana  volunteers. 

HEINTZELMAN'S  DIVISION. 

Cavalry. — First  New- Jersey  cavalry,  Colonel 
Halsted. 

Artillery.  —  Thompson's  battery,  C,  United 
States  artillery. 

Infantry.  —  Richardson's  brigade :  Second, 
Third,  and  Fifth  Michigan,  and  Thirty-seventh 
New-York  volunteers.  Sedgwick's  brigade :  Third 
and  Fourth  Maine,  and  Thirty-eighth  and  Forti 
eth  New-York  volunteers.  Jameson's  brigade : 
Thirty-second,  Sixty-third,  Sixty-first,  and  Forty- 
fifth  Pennsylvania  volunteers,  and  Wild  Cat  re- 
erves,  (Pennsylvania  volunteers.) 

F.  j.  PORTER'S  DIVISION. 

Cavalry. — Third  Pennsylvania  cavalry,  Colonel 
Averill,  and  Eighth  Pennsylvania  cavalry,  Colo 
nel  Gregg. 

Artillery. — Battery  E,  Second,  and  battery  *E, 
Third  United  States  artillery. 

Infantry. — Morell's  brigade :  Thirty-third  Penn 
sylvania,  Fourth  Michigan,  Ninth  Massachusetts, 
and  Fourth  New- York  volunteers.  Martindale's 
brigade :  Thirteenth  New-York,  Second  Maine, 
and  Eighteenth  Massachusetts  volunteers,  and 
De  Kalb  regiment  New- York  volunteers.  Butter- 
field's  brigade:  Fiftieth  New- York,  Eighty-third 
Pennsylvania,  (Colonel  McLean,)  Seventeenth  and 
Twenty-fifth  New- York  volunteers,  and  Stock 
ton's  independent  Michigan  regiment. 

FRANKLIN'S  DIVISION. 

Cavalry.  —  First  New- York  cavalry,  Colonel 
McReynolds. 

Artillery.—  Batteries  D  and  G,  Second  United 
States  artillery,  and  Hexamer's  battery,  (New- 
Jersey  volunteers.) 

Infantry.  —  Kearny's  brigade :  First,  Second, 
Third,  and  Fourth  New-Jersey  volunteers.  Slo- 
cum's  brigade:  Sixteenth,  Twenty-sixth,  and 
Twenty-seventh  New-York,  and  Sixth  Maine 
volunteers.  Newton's  brigade:  Fifteenth,  Eigh 
teenth,  Thirty -first,  and  Thirty-second  New-York 
volunteers. 

•  This  battery  was  transferred  to  Sherman's  expedition. 


STONE  S    DIVISION. 

Cavalry. — Six  companies  Third  New- York  (Van 
Allen.)  cavalry. 

Artillery.— Kirby's  battery  I,  First  United 
States,  Vaughn's  battery  B,  First  Rhode  Island 
artillery,  and  Bunting's  Sixth  New- York  inde 
pendent  battery. 

Infantry. — Gorman's  brigade:  Second  New- 
York  State  militia,  First  Minnesota,  Fifteenth 
Massachusetts,  and  Thirty-fourth  New-York  vol 
unteers,  and  Tammany  regiment,  (New-York  vol 
unteers.)  Lander's  brigade:  Nineteenth  and 
Twentieth  Massachusetts,  and  Seventh  Michigan 
volunteers,  and  a  company  of  Massachusetts  sharp 
shooters.  Baker's  brigade  :  Penns}rlvania  volun 
teers,  (First,  Second,  and  Third  California.) 

BUELL'S  DIVISION. 

Artillery. — Batteries  D  and  H,  First  Pennsyl 
vania  artillery. 

Infantry. — Couch's  brigade :  Second  Rhode 
Island,  Seventh  and  Tenth  Massachusetts,  and 
Thirty-sixth  New- York  volunteers.  Graham's 
brigade :  Twenty -third  and  Thirty-first  Pennsyl 
vania,  and  Sixty-seventh  (First  Long  Island)  and 
Sixty-fifth  (First  United  States  Chasseurs)  New- 
York  volunteers.  Peck's  brigade :  Thirteenth  and 
Twenty-first  Pennsylvania,  and  Sixty-second  (An 
derson  Zouaves)  and  Fifty-fifth  New-York  volun 
teers. 

MCCALL'S  DIVISION. 

Cavalry. — First  Pennsylvania  reserve  cavalry, 
Colonel  Bayard. 

Artillery. — Easton's  battery  A,  Cooper's  bat 
tery  B,  and  Keim's  battery  G,  First  Pennsylvania 
artillery. 

Infantry. — Meade's  brigade  :  First  rifles  Penn 
sylvania  reserves,  Fourth,  Third,  Seventh,  Elev 
enth,  and  Second  Pennsylvania  reserve  infantry. 
brigade :  Fifth,  First,  and  Eighth  Pennsyl 
vania  reserve  infantry.  brigade :  Tenth, 

Sixth,  Ninth,  and  Twelfth  Pennsylvania  reserve 
'n  fan  try. 

HOOKER'S  DIVISION. 

Cavalry. — Eight  companies  Third  Indiana  cav 
airy,  Lieutenant-Colonel  Carter. 

Artillery. —  Elder's  battery  E,  First  United 
States  artillery. 

Infantry. brigade:  First  and  Eleventh 

Vfassachusetts,  Second  New-Hampshire,  Twenty- 
ixth  Pennsylvania,  and  First  Michigan  volun- 
;eers.  Sickles's  brigade:  First,  Second,  Third, 
Fourth,  and  Fifth  regiments  Excelsior  brigade, 
^ew-York  volunteers. 

BLENKER'S  BRIGADE. 

Cavalry. — Fourth  New- York  cavalry,  (mount 
ed  rifles,)  Colonel  Dickel. 

Artillery. — One  battery. 

Infantry.  —  Eighth  and  Twenty-ninth  New- 
York,  Twenty-seventh  and  Thirty-fifth  Pennsyl 
vania  volunteers,  Garibaldi  Guard,  and  Cameron 
lifles,  (New-York  volunteers.) 

SMITH'S  DIVISION. 

Cavalry. — Fifth  Pennsylvania  cavalry,  (Cam 
eron  dragoons,)  Colonel  Friedman. 


DOCUMENTS. 


515 


Artillery.— Ayres's  battery  F,  Fifth  United 
States  artillery,  Mott's  Second  New- York  inde 
pendent  battery,  and  Barr's  battery  E,  First  Penn 
sylvania  artillery. 

Infantry. brigade :  Second,  Third,  Fourth, 

and  Fifth  Vermont  volunteers.  Stevens's  brigade : 
Thirty-fifth  and  Forty-ninth  New- York,  and  Sixth 
Maine  volunteers,  and  *Seventy-ninth  New- York 
State  militia.  Hancock's  brigade :  *Forty-seventh 
and  Forty-ninth  Pennsylvania,  Forty-third  New- 
York,  and  Fifth  Wisconsin  volunteers.  Compa 
nies  B  and  E,  Berdan's  sharp-shooters. 

Casey's  provisional  brigades. — Fifth,  Sixth,  and 
Seventh  New-Jersey  volunteers,  *Round-Head  re 
giment,  (Pennsylvania  volunteers,)  battalion  Dis 
trict  of  Columbia  volunteers,  Fortieth  Pennsylva 
nia,  Eighth  New-Jersey,  and  Fourth  New-Hamp 
shire  volunteers. 

5.  Garrison  of  Alexandria. — Brigadier-Gene 
ral  Montgomery,  Military  Governor.  Cameron 
Guard,  (Pennsylvania  volunteers.) 

Garrison  of  Fort  Albany. — Fourteenth  Massa 
chusetts  volunteers. 

Garrison  of  Fort  Richardson. — Fourth  Con 
necticut  volunteers. 

Garrison  of  Fort  Washington. — Company  D, 
First  United  States  artillery,  companies  H  and  I, 
Thirty-seventh  New-York  volunteers  and  United 
States  recruits  unassigned. 

6.    DIX'S    DIVISION,    BALTIMORE. 

Cavalry. — Company  of  Pennsylvania  cavalry. 

Artillery. — Battery  I,  Second  United  States 
artillery,  Second  Massachusetts  light  battery, 
and  a  battery  of  New- York  artillery. 

Infantry.—  Third,  Fourth,  and  Fifth  New- 
York,  Seventeenth  and  Twe.nty-fifth  Massachu 
setts,  Twenty-first  Indiana,  Sixth  Michigan, 
Fourth  Wisconsin,  Seventh  Maine,  Second  Mary 
land  battalion,  and  Reading  City  Guard,  volun 
teers. 

On  the  eighth  of  March,  1862,  the  President 
directed,  by  the  following  order,  the  organization 
of  the  active  portion  of  the  army  of  the  Potomac 
into  four  army  corps,  and  the  formation  of  a  fifth 
corps  from  the  division  of  Banks  and  Shields. 

The  following  is  the  text  of  the  President's 
order : 

[President's  General  War  Order  No.  2.] 

EXECUTIVE  MANSION,         ) 
WASHINGTON,  March  8,  1862.  j 

Ordered,  1st.  That  the  Major-General  com 
manding  the  army  of  the  Potomac  proceed  forth 
with  to  organize  that  part  of  the  said  army  des 
tined  to  enter  upon  active  operations,  (including 
the  reserve,  but  excluding  the  troops  to  be  left 
in  the  fortifications  about  Washington,)  into  four 
army  corps,  to  be  commanded  according  to  sen 
iority  of  rank,  as  follows  : 

First  corps  to  consist  of  four  divisions,  and  to 
be  commanded  by  Major-General  I.  McDowell. 
Second  corps  to  consist  of  three  divisions,  and  to 

*  The  Seventy-ninth  New-York  State  militia,  the  Forty-seventh 
Pennsylvania  volunteers,  and  the  Round-Head  regiment,  were 
transferred  to  General  Sherman's  expedition. 


be  commanded  by  Brigadier-General  E.  V.  Sum- 
ner.  Third  corps  to  consist  of  three  divisions, 
and  to  be  commanded  by  Brigadier-General  S. 
P.  Heintzelman.  Fourth  corps  to  consist  of 
three  divisions,  and  to  be  commanded  by  Briga 
dier-General  E.  D.  Keyes. 

2.  That  the  divisions  now  commanded  by  the 
officers  above  assigned  to  the  commands  of  army 
corps  shall  be  embraced  in  and  form  part  of  their 
respective  corps. 

3.  The  forces  left  for  the  defence  of  Washing 
ton  will  be  placed  in  command  of  Brigadier-Gen 
eral  James  Wadsworth,  who  shall  also  be  Mili 
tary  Governor  of  the  District  of  Columbia. 

4.  That   this   order   be   executed   with   such 
promptness   and   despatch  as  not  to  delay  the 
commencement  of  the  operations  already  directed 
to  be  undertaken  by  the  army  of  the  Potomac. 

5.  A  fifth  army  corps,   to  be  commanded  by 
Major-General  N.  P.  Banks,  will  be  formed  from 
his    own    and   General    Shields's    (late  General 
Lander's)  division.  ABRAHAM  LINCOLN. 

The  following  order,  which  was  made  as  soon 
as  circumstances  permitted,  exhibits  the  stepa 
taken  to  carry  out  the  requirements  of  the  Pres 
ident's  war  order  No.  2  : 

ARMY  CORPS. 

HEADQUARTERS  ARMT  OF  THE  POTOMAC,  ) 

FAIRFAX  COCRT-HOCSB,  VA.,  March  13, 1862.  J 

GENERAL  ORDERS  No.  151. 

In  compliance  with  the  President's  war  order 
No.  2,  of  March  eighth,  1862,  the  active  portion 
of  the  army  of  the  Potomac  is  formed  into  army 
corps,  as  follows : 

First  corps,  Major-General  Irwin  McDowell,  to 
consist  for  the  present  of  the  divisions  of  Frank 
lin,  McCall,  and  King.  Second  corps,  Brigadier- 
General  E.  V.  Sumner ;  divisions,  Richardson, 
Blenker,  and  Sedgwick.  Third  corps,  Brigadier- 
General  S.  P.  Heintzelman ;  divisions,  F.  J.  Por 
ter,  Hooker,  and  Hamilton.  Fourth  corps,  Bri- 
fadier-General  E.  D.  Keyes ;  divisions,  Couch, 
mith,  and  Casey.  Fifth  Corps,  Major-General 
N.  P.  Banks ;  divisions,  Williams  and  Shields. 

The  cavalry  regiments  attached  to  divisions 
wrill,  for  the  present,  remain  so.  Subsequent  or 
ders  will  provide  for  these  regiments,  as  well  as 
for  the  reserve  artillery.  Regular  infantry  and 
regular  cavalry  arrangements  will  be  made  to 
unite  the  divisions  of  each  army  corps  as  prompt 
ly  as  possible. 

The  commanders  of  divisions  will  at  once  re 
port  in  person,  or  where  that  is  impossible,  by 
letter,  to  the  commander  of  their  army  corps. 

By  command  of  Major-General  MCCLELLAN. 

A.  V.  COLBURN, 

Assistant  Adjutant-General 

I  add  a  statement  of  the  organization  and 
composition  of  the  troops  on  April  first,  com 
mencing  with  the  portion  of  the  army  of  the 
Potomac  which  went  to  the  Peninsula,  giving 
afterward  the  regiments  and  batteries  left  on  the 
Potomac,  and  in  Maryland  and  Virginia  after 
April  first,  1862. 


f>16 


REBELLION  RECORD,  1862-63. 


Troop*  of  the  army  of  the  Potomac  sent  to  the 

Peninsula  in  March  and  early  in  April,  1862. 
1st.  Cavalry  reserve,  Brigadier-General  P.  St. 
G.  Cooke. — Emory's  brigade:  Fifth  United  States 
cavalry,  Sixth  United  States  cavalry,  Sixth  Penn 
sylvania  cavalry.  Blake's  brigade  :  First  United 
States  cavalry,  Eighth  Pennsylvania  cavalry, 
Barker's  squadron  of  Illinois  cavalry. 

2d.  Artillery  reserve,  Colonel  Henry  J.  Hunt : 
Graham's  battery  K  and  G,  First  United  States, 
six  Napoleon  guns  ;  Randall's  battery  E,  First 
United  States,  six  Napoleon  guns ;  Carlisle's  bat 
tery  E,  Second  United  States,  six  twenty-pound 
er  Parrott  guns  ;  Robertson's  battery,  Second 
United  States,  six  three-inch  ordnance  guns; 
Benson's  battery  M,  Second  United  States,  six 
three-inch  ordnance  guns;  Tidball's  battery  A, 
Second  United  States,  six  three-inch  ordnance 
guns ;  Edwards's  battery  L  and  M,  Third  United 
States,  six  ten-pounder  Parrott  guns ;  Gibson's 
battery  C  and  G,  Third  United  States,  six  three- 
inch  ordnance  guns  ;  Livingston's  battery  F  and 
K,  Third  United  States,  four  ten-pounder  Par 
rott  guns;  Howe's  battery  G,  Fourth  United 
States,  six  Napoleon  guns  ;  De  Russy's  battery 
K,  Fourth  United  States,  six  Napoleon  guns ; 
Weed's  battery  1,  Fifth  United  States,  six  three- 
inch  ordnance  guns  ;  Smead's  battery  K,  Fifth 
United  States,  four  Napoleon  guns ;  Ames's  bat 
tery  A,  Fifth  United  States,  six — four  ten-pound 
er  Parrott  and  two  Napoleon — guns ;  Diedrick's 
battery  A,  New-York  artillery  and  battalion, 
six  twenty -pounder  Parrott  guns ;  Vogelie's  bat 
tery  B,  New- York  artillery  and  battalion,  four 
twenty-pounder  Parrott  guns  ;  Knierim's  battery 
C,  New-York  artillery  and  battalion,  four  twenty- 
pounder  Parrott  guns  ;  Grimm's  battery  D,  New- 
York  artillery  and  battalion,  six  thirty-two- 
pounder  howitzer  guns.  Total,  one  hundred 
guns. 

3d.  Volunteer  engineer  troops,  General  Wood- 
bury:  Fifteenth  New-York  volunteers;  Fiftieth 
New- York  volunteers. 

Regular  engineer  troops,  Captain  Duane :  Com 
panies  A,  B,  and  C,  United  States  engineers. 

Artillery  troops,  with  siege  trains :  First  Con 
necticut  heavy  artillery,  Colonel  Tyler. 

4th.  Infantry  reserve,  (regular  brigade,)  General 
Sykes :  nine  companies  Second  United  States  in 
fantry,  seven  companies  Third  United  States  in 
fantry,  ten  companies  Fourth  United  States  in 
fantry,  ten  companies  sixth  United  States  infan 
try,  eight  companies  Tenth  and  Seventeenth 
United  States  infantry,  six  companies  Eleventh 
United  States  infantry,  eight  companies  Twelfth 
United  States  infantry,  nine  companies  Four 
teenth  United  States  infantry,  and  Fifth  New- 
York  volunteers,  Colonel  Warren. 

SECOND   CORPS,   GENERAL  SUMNER. 

Cavalry. — Eighth  Illinois  cavalry,  Col.  Farns- 
worth,  and  one  squadron  Sixth  New-York  cav 
alry- 

RICHARDSON  S    DIVISION. 

Artillery. — Clark's  battery  A  and  G,  Fourth 
United  States,  six  Napoleon  gui  5;  Frank's  bat 


tery  G,  First  New-York,  six  ten-pounder  Parrott 
guns ;  Pettit's  battery  B,  First  New-York,  six 
ten-pounder  Parrott  guns  ;  Hogan's  battery  A, 
Second  New-York,  six  ten-pounder  Parrott  guns. 

Infantry.  —  Howard's    brigade :     Fifth    New- 
;  Hampshire,  Eighty-first  Penns}rlvania,  and  Six- 
[  ty-first  and  Sixty-fourth  New- York  volunteers. 
Meagher's  brigade:   Sixty-ninth,  Sixty-third,  and 
Eighty-eighth  New-York  volunteers.      French's 
brigade :   Fifty-second,  Fifty-seventh,  and  Sixty- 
sixth  New- York,   and  Fifty-third  Pennsylvania 
volunteers. 

SEDGWICK'S  DIVISION. 

Artillery. — Kirby's  battery  I,  First  United 
States,  six  Napoleon  guns ;  Tompkins's  battery 
A,  First  Rhode  Island,  six — four  ten-pounder 
Parrott  and  two  twelve-pounder  howitzer — guns  ; 
Bartlett's  battery  B,  First  Rhode  Island,  six- 
four  ten-pounder  Parrott  and  two  twelve-pound 
er  howitzer— guns ;  O.van's  battery  G,  six  three- 
inch  ordnance  guns. 

Infantry. — Gorman's  brigade:  Second  New- 
York  State  militia,  and  Fifteenth  Massachusetts, 
Thirty-fourth  New-York,  and  First  Maine  volun 
teers.  Burns's  brigade:  Sixty -ninth,  Seventy- 
first,  Seventy-second,  and  One  Hundred  and 
sixth  Pennsylvania  volunteers.  Dana's  brigade  : 
Nineteenth  and  Twentieth  Massachusetts,  Sev 
enth  Michigan,  and  Forty-second  New-York  vol 
unteers. 

NOTE.  — Blenker's  division  detached  and  as 
signed  to  the  mountain  department. 

THIRD  CORPS,  GENERAL  HEINTZELMAN, 

Cavalry. — Third  Pennsylvania  cavalry,  Colo 
nel  Averill. 

PORTER'S  DIVISION. 

Artillery. — Griffin's  battery  K,  Fifth  United 
States,  six  ten-pounder  Parrott  guns :  AVeeden's 
battery  C,  Rhode  Island ;  Martin's  battery  C, 
Massachusetts,  six  Napoleon  guns;  Allen's  bat 
tery  E,  Massachusetts,  six  three-inch  ordnance 
guns. 

Infantry.  —  Martindale's  brigade  :  Second 
Maine,  Eighteenth  and  Twenty-second  Massa 
chusetts,  and  Twenty-fifth  and  Thirteenth  New- 
York  volunteers.  Morell's  brigade  :  Fourteenth 
New-York,  Fourth  Michigan,  Ninth  Massachu 
setts,  and  Sixty-second  Pennsylvania  volunteers. 
Butterfield's  brigade:  Seventeenth,  Forty-fourth, 
and  Twelfth  New-York,  Eighty -third  Pennsylva 
nia,  and  Stockton's  Michigan  volunteers. 

First  Berdan  sharp-shooters. 

HOOKER'S  DIVISION. 

Artillery.—  Hall's  battery  H,  First  United 
States,  six — four  ten-pounder  Parrott  and  two 
twelve-pounder  howitzer — guns  ;  Smith's  bat' 
tery,  Fourth  New- York,  six  ten -pounder  Parrott 
guns;  Bramhall's  battery,  Sixth  New- York,  six 
three- inch  ordnance  guns  ;  Osborn's  battery  D, 
First  New-York  artillery,  four  three-inch  ord 
nance  guns. 

Infantry. — Sickles's  brigade  :  First,  Second, 
Third,  Fourth,  and  Fifth  Excelsior,  New- York. 


DOCUMENTS. 


517 


Naglee's  brigade  :  First  and  Eleventh  Massachu 
setts,  Twenty-sixth  Pennsylvania,  and  Second 
New-Hampshire  volunteers.  Colonel  Starr's  bri 
gade:  Fifth,  Sixth,  Seventh,  and  Eighth  New- 
Jersey  volunteers. 

HAMILTON'S  DIVISION. 

Artillery. — Thompson's  battery  G,  Second 
United  States,  six  Napoleon  guns ;  Beam's  bat 
tery  B,  New-Jersey,  six — four  ten-pounder  Par- 
rott  and  two  Napoleon — guns ;  Randolph's  bat 
tery  E,  Rhode  Island,  six — four  ten-pounder  Par- 
rott  and  two  Napoleon — guns. 

Infantry. — Jameson's  brigade  :  One  Hundred 
and  'Fifth,  Sixty-third,  and  Fifty-seventh  Pennr 
sylvania,  and  Eighty-seventh  New-York  volun 
teers.  Birney's  brigade:  Thirty-eighth  and  For 
tieth  New- York,  and  Third  and  Fourth  Maine 

volunteers.  brigade:  Second,  Third,  and 

Fifth  Michigan,  and  Thirty-seventh  New-York 
volunteers. 

FOURTH  CORPS,  GENERAL  KEYES. 
COUCH'S  DIVISION. 

Artillery. — McCarthy's  battery  C,  First  Penn 
sylvania,  four  ten-pounder  Parrott  guns  ;  Flood's 
battery  D,  First  Pennsylvania,  four  ten-pounder 
Parrott  guns  ;  Miller's  battery  E,  First  Pennsyl 
vania,  four  Napoleon  guns ;  Brady's  battery  F, 
First  Pennsylvania,  four  ten-pounder  Parrott 
guns. 

Infantry. — Graham's  brigade:  Sixty-seventh, 
(First  Long  Island)  and  Sixty-fifth  (First  United 
States  Chasseurs)  New- York,  Twenty-third,  Thir 
ty-first,  and  Sixty-first  Pennsylvania  volunteers. 
Peck's  brigade:  Ninety-eighth,  One  Hundred 
and  Second,  and  Ninety-third  Pennsylvania,  and 
Sixty-second  and  Fifty-fifth  New-York  volun 
teers.  brigade :  Second  Rhode  Island, 

Seventh  and  Tenth  Massachusetts,  and  Thirty- 
sixth  New-York  volunteers. 

SMITH'S  DIVISION. 

Artillery.—  Ayres's  battery  F,  Fifth  United 
States,  six — four  ten-pounder  Parrott  and  two 
Napoleon  —  guns;  Mott's  battery,  Third  New- 
York,  six — four  ten-pounder  Parrott  and  two  Na 
poleon — glins  j  Wheeler's  battery  E,  First  New- 
York,  four  three-inch  ordnance  guns  ;  Kennedy's 
battery,  First  New-York,  six  three-inch  ordnance 
guns. 

Infantry. — Hancock's  brigade:  Fourth  Wis 
consin,  Forty-ninth  Pennsylvania,  Forty-third 
New-York,  and  Sixth  Maine  volunteers.  Brooks's 
brigade :  Second,  Third,  Fourth,  Fifth,  and  Sixth 
Vermont  volunteers.  Davidson's  brigade  :  Thir 
ty-third,  Seventy-seventh,  and  Forty-ninth  New- 
York,  and  Seventh  Maine  volunteers. 

CASEY'S  DIVISION. 

Artillery. — Regan's  battery,  Seventh  New- 
York,  six  three-inch  ordnance  guns  ;  Fitch's 
Eighth  New-York,  six  three-inch  ordnance  guns; 
Bates's  battery  A,  First  New -York,  six  Napoleon 
guns ;  Spratt's  battery  H,  First  New- York,  four 
three-inch  ordnance  guns. 


Infantry. — Keim's  brigade:  Eighty-fifth,  One 
Hundred  and  First,  and  One  Hundred  and  Third 
Pennsylvania,  and  Ninety-sixth  New- York  vol 
unteers.  Palmer's  brigade :  Eighty -fifth,  Ninety- 
eighth,  Ninety-second,  Eighty-first,  and  Ninety- 
third  New-York  volunteers.  brigade  :  One 

Hundred  and  Fourth  and  Fifty-second  Pennsyl 
vania,  Fifty-sixth  and  One  Hundredth  New-York, 
and  Eleventh  Maine  volunteers. 

5.  Provost-guard:  Second  United  States  cav 
alry;  battalions  Eighth  and  Seventeenth  United 
States  infantry. 

At  general  headquarters :  Two  companies 
Fourth  United  States  cavalry ;  one  company 
Oneida  cavalry,  (New-York  volunteers ;)  and  one 
company  Sturgis's  Rifles,  (Illinois  volunteers.) 

The  following  troops  of  the  army  of  the  Poto 
mac  were  left  behind,  or  detached  on  and  in  front 
of  the  Potomac  for  the  defence  of  that  line,  April 
first,  1862.  Franklin's  and  McCall's  divisions, 
at  subsequent  and  different  dates,  joined  the 
active  portion  of  the  army  on  the  Peninsula. 
Two  brigades  of  Shields's  division  joined  at  Har 
rison's  Landing : 

FIRST  CORPS,  GENERAL  McDOWELL. 

Cavalry. — First,  Second,  and  Fourth  New- 
York,  and  First  Pennsylvania. 

Sharp-shooters. — Second  regiment  Berdan's 
sharp-shooters. 

FRANKLIN'S  DIVISION. 

Artillery. — Platt's  battery  D,  Second  United 
States,  six  Napoleon  guns ;  Porter's  battery  A, 
Massachusetts,  six — four  ten-pounder  Parrot* 
and  two  twelve-pounder  howitzer — guns ;  Hex 
amer's  battery  A,  New-Jersey,  six — four  ten  > 
pounder  Parrott,  and  two  twelve-pounder  howit 
zer — guns  ;  Wilson's  battery  F,  First  New- York 
artillery,  four  three-inch  ordnance  guns. 

Infantry, — Kearny's  brigade  :  First,  Second, 
Third,  and  Fourth  New-Jersey  volunteers.  Slo- 
cum's  brigade  :  Sixteenth  and  Twenty-seventh 
New- York,  Fifth  Maine,  and  Ninety-sixth  Penn 
sylvania  volunteers.  Newton's  brigade:  Eigh 
teenth,  Thirty-first,  and  Thirty-second  New-York, 
and  Ninety-fifth  Pennsylvania  volunteers. 

MCCALL'S  DIVISION. 

Artillery. — Seymour's  battery  C,  Fifth  United 
States,  six  Napoleon  guns ;  Easton's  battery  A, 
First  Pennsylvania,  four  Napoleon  guns  ;  Coop 
er's  battery  B,  First  Pennsylvania,  six  ten-pound 
er  Parrott  guns  ;  Rein's  battery  C,  First  Penn 
sylvania,  six — two  ten-pounder  and  four  twelve- 
pounder  Parrott — guns. 

Infantry. — Reynolds's  brigade  :  First,  Second, 
Fifth  and  Eighth  Pennsylvania  reserve  regiments. 
Meade's  brigade:  Third,  Fourth,  Seventh  and 
Eleventh  Pennsylvania  reserve  regiments.  Ord's 
brigade ;  Sixth,  Ninth,  Tenth,  and  Twelfth  Penn 
sylvania  reserve  regiments. 

First  Pennsylvania  reserve  rifles. 

KING'S  DIVISION. 

Artillery. — Gibbon's  battery  B,  Fourth  United 
States,  six  Napoleon  guns  ;  Monroe's  battery  D, 


618 


REBELLION   RECORD,  1862-63. 


First  Rhode  Island,  six  ten-pounder  Parrott 
guns ;  Gerrish's  battery  A,  New-Hampshire,  six 
Napoleon  guns ;  Durrell's  battery,  Pennsylvania, 
six  ten-pounder  Parrott  guns. 

Infantry. brigade  :      Second,     Sixth, 

and  Seventh  Wisconsin,  and  Nineteenth  Indiana 
volunteers.  Patrick's  brigade:  Twentieth, 
Twenty-first,  Twenty-third,  and  Twenty-fifth 
New- York  State  militia.  Augur's  brigade  :  Four 
teenth  New-York  State  militia,  and  Twenty-sec 
ond,  Twenty-Fourth,  and  Thirtieth  New-York 
volunteers. 

FIFTH  CORPS,  GENERAL  BANKS. 

Cavalry. — First  Maine,  First  Vermont,  First 
Michigan,  First  Rhode  Island,  Fifth  and  Eighth 
New-York,  Reyes's  battalion  of  Pennsylvania, 
eighteen  companies  of  Maryland,  one  squadron 
of  Virginia. 

Unattached.  —  Twenty-eighth  Pennsylvania 
volunteers,  and  Fourth  regiment  Potomac  home 
brigade,  (Maryland  volunteers.) 

WILLIAMS'S    DIVISION. 

Artillery.—  Best's  battery  F,  Fourth  United 
States,  six  Napoleon  guns ;  Hampton's  battery, 
Maryland,  four  ten-pounder  Parrott  guns ; 
Thompson's  battery,  Maryland,  four  ten-pounder 
Parrott  guns  ;  Mathews's  battery  F,  Pennsylvania, 

six  three-inch  ordnance  guns ; battery  M, 

First  New-York,  six  ten-pounder  Parrott  guns ; 
Knapp's  battery,  Pennsylvania,  six  ten-pounder 
Parrott  guns ;  McMahon's  battery,  New-York,  six 
three-inch  ordnance  guns. 

Infantry. — Abercrombie's  brigade :  Twelfth 
and  Second  Massachusetts,  and  Sixteenth  Indi 
ana,  First  Potomac  home  brigade,  (Maryland,) 
First  company  Zouaves  d'Afrique,  (Pennsylva 
nia)  volunteers.  brigade :  Ninth  New- 
York  State  militia,  and  Twenty-ninth  Pennsylva 
nia,  Twenty-ninth  Indiana,  and  Third  Wisconsin 
volunteers.  brigade:  Twenty-eighth  New- 
York,  Fifth  Connecticut,  Forty-sixth  Pennsylva 
nia,  First  Maryland,  Twelfth  Indiana,  and  Thir 
teenth  Massachusetts  volunteers. 

SHIELDS'S    DIVISION. 

Artillery.— Clark's  battery  E,  Fourth  United 
States,  six  ten-pounder  Parrott  guns ;  Jenks's  bat 
tery  A,  First  Virginia,  four  ten-pounder  Parrott 
and  two  six-pounder  guns;  Davy's  battery  B, 
First  Virginia,  two  ten-pounder  Parrott  guns  ; 
Huntington's  battery  A,  First  Ohio,  six  thirteen- 
pounder  James's  guns ;  Robinson's  battery  L, 
First  Ohio,  two  twelve-pounder  howitzers  and 

four  six-pounder  guns ;  and battery, 

Fourth  Ohio  artillery. 

Infantry. brigade :  Fourteenth  In 

diana,  Fourth,  Eighth,  and  Sixty-seventh  Ohio, 
Seventh  Virginia,  and  Eighty-fourth  Pennsylvania 
Tolunteers.  brigade :  Fifth,  Sixty-sec 
ond,  and  Sixty-sixth  Ohio,  Thirteenth  Indiana, 

and  Thirty-ninth  Illinois  volunteers.  

brigade :  Seventh  and  Twenty-ninth  Ohio,  Sev 
enth  Indiana,  First  Virginia,  and  Eleventh  Penn 
nylvania  volunteers.  Andrew  sharp-shooters. 


GENERAL    WADSWORTIl's    COMMAND. 

Cavalry. — First  New- Jersey  cavalry,  at  Alex- 
indria,  and  Fourth  Pennsylvania  cavalry,  east  of 
he  Capitol. 

Artillery  and  Infantry. — Tenth  New-Jersey 
volunteers,  Bladensburgh  road  ;  One  Hundred  and 
fourth  New-York  volunteers,  Kalorama  Heights 
?irst  Wisconsin  heavy  artillery,  Fort  Cass,  Vir 
ginia  ;  three  batteries  of  New-York  artillery,  Forts 
than  Allen  and  Marcy  ;  depot  of  New-York  light 
artillery,  Camp  Barry  ;  Second  District  of  Colum 
bia  volunteers,  Washington  City  ;  Twenty -sixth 
Pennsylvania  volunteers,  G  street  wharf ;  Twenty- 
sixth  New-York  volunteers,  Fort  Lyon ;  Ninety- 
fifth  New- York  volunteers,  Camp  Thomas ;  Nine 
ty-fourth  New- York  and  detachment  of  Eighty- 
eighth  Pennsylvania  volunteers,  Alexandria ; 
Ninety-first  Pennsylvania  volunteers,  Franklin 
Square  barracks ;  Fourth  New  York  artillery. 
Forts  Carroll  and  Greble;  One  Hundred  and 
Twelfth  Pennsylvania  volunteers,  Fort  Saratoga  ; 
Seventy-sixth  New-York  volunteers,  Fort  Mas 
sachusetts  ;  Fifty-ninth  New-York  volunteers, 
Fort  Pennsylvania  ;  detachment  of  Eighty-eighth 
Pennsylvania  volunteers,  Fort  Good  Hope ;  Nine 
ty-ninth  Pennsylvania  volunteers,  Fort  Mahon  ; 
Second  New- York  light  artillery,  Forts  Ward, 
Worth,  and  Blenker ;  One  Hundred  and  Seventh 
and  Fifty-fourth  Pennsylvania  volunteers,  Ken 
dall  Green;  Dickerson's  light  artillery,  Eighty- 
sixth  New-York,  and  detachment  of  Eighty-eighth 
Pennsylvania  volunteers,  east  of  the  Capitol ; 
Fourteenth  Massachusetts  (volunteers)  heavy 
artillery  and  Fifty-sixth  Pennsylvania  volunteers, 
Forts  Albany,  Tillinghast,  Richardson,  Runyon, 
Jackson,  Barnard,  Craig,  and  Scott ;  detachments 
of  Fourth  United  States  artillery  and  Thirty-sev 
enth  New- York  volunteers,  Fort  Washington  ; 
Ninety-seventh,  One  Hundred  and  First,  and 
Ninety-first  New- York,  and  Twelfth  Virginia  vol 
unteers,  Fort  Corcoran. 

In  camp  near  Washington. — Sixth  and  Tenth 
New-York,  Swain's  New-York,  and  Second  Penn 
sylvania  cavalry,  all  dismounted. 

These  troops  (three  thousand  three  hundred 
and  fifty-nine  men)  were  ordered  to  report  to 
Colonel  Miles,  commanding  railroad  guard,  to  re 
lieve  three  thousand  three  hundred  and  six  older 
troops  ordered  to  be  «ent  to  Manassas  to  report 
to  General  Abercrombie. 

GENERAL    Dix's    COMMAND,    BALTIMORE. 

Cavalry. — First  Maryland  cavalry  and  detach 
ment  of  Purnell  Legion  cavalry. 

Artillery. — Battery  I,  Second  United  States ; 
battery  — ,  Maryland;  battery  L,  First  New- 
York,  and  two  independent  batteries  of  Penn 
sylvania  artillery. 

Infantry.  —  Third  and  Fourth  New-York, 
Eleventh,  Eighty-seventh,  and  One  Hundred  and 
Eleventh  Pennsylvania,  detachment  Twenty-first 
Massachusetts,  Second  Delaware,  Second  Mary 
land,  First  and  Second  Eastern  Shore  (Maryland) 
home  guards,  and  Purnell  Legion  (two  battalions) 
Maryland  volunteers. 

In  a  staff  charged  with  labors  so  various  and 


DOCUMENTS. 


519 


important  as  that  of  the  army  of  the  Potomac,  a 
chief  was  indispensable  to  supervise  the  various 
departments  and  to  relieve  the  Commanding  Gen 
eral  of  details.  The  office  of  chief  of  staff,  well 
known  in  European  armies,  had  not  been  con 
sidered  necessary  in  our  small  peace  establish 
ment.  The  functions  of  the  office  were  not  de 
fined,  and,  so  far  as  exercised,  had  been  includ 
ed  in  the  Adjutant-General's  department.  The 
small  number  of  officers  in  this  department,  and 
the  necessity  for  their  employment  in  other 
duties,  have  obliged  commanding  generals,  dur 
ing  this  war,  to  resort  to  other  branches  of  the 
service  to  furnish  suitable  chiefs  of  staff. 

On  the  fourth  of  September,  1861,  I  appoint- 


Mason,  Jr.,  William  F.  Biddle,  and  E.  A.  Ray 
mond,  additional  aids-de-camp. 

To  this  number  I  am  tempted  to  add  the  Prince 
de  Joinville,  who  constantly  accompanied  me 
through  the  trying  campaign  of  the  Peninsula, 
and  frequently  rendered  important  services.  Of 
these  officers  Captain  McMahon  was  assigned  to 
the  personal  staff  of  Brigadier-General  Franklin, 
and  Captains  Kirkland  and  Mason  to  that  of 
Brigadier-General  F.  J.  Porter  during  the  siege 
of  Yorktown.  They  remained  subsequently  with 
those  general  officers.  Major  LeCompte  left  the 
army  during  the  siege  of  Yorktown  ;  Colonels 
Gantt  and  Astor,  Major  Russell,  Captains  L.  P. 
D' Orleans,  R.  D' Orleans,  and  Raymond  at  the 


ed  Colonel  R.  B.  Marcy,  of  the  Inspector-Gen- 1  close  of  the  Peninsula  campaign.  Before  its  ter- 
eral's  department,  chief  of  staff,  and  he  entered  !  mination  Captains  W.  S.  Abert  and  Charles  R. 
upon  service  immediately,  discharging  the  vari- !  Lowell,  of  the  Sixth  United  States  cavalry,  join- 
ous  and  important  duties  with  great  fidelity,  in-  ed  my  staff  as  aids-de-camp,  and  remained  with 
dustry,  and  ability,  from  this  period  until  I  was  me  until  I  was  relieved  from  the  command  of  the 
removed  from  command  at  Rectortown.  Many  j  army  of  the  Potomac.  All  of  these  officers  serv- 
improvements,  have  been  made  during  the  war  ed  me  with  great  gallantry  and  devotion  ;  they 
in  our  system  of  staff  administration,  but  much  were  ever  ready  to  execute  any  service,  no  mat- 


remains  to  be  done. 

Our  own  experience,  and  that  of  other  armies, 
agree  in  determining  the  necessity  for  an  efficient 
and  able  staff.  To  obtain  this,  our  staff  estab 
lishment  should  be  based  on  correct  principles, 


ter  how  dangerous,  difficult,  or  fatiguing. 


ENGINEERS. 


engineer  of  that  army.  I  continued  him  in  the 
same  office,  and  at  once  gave  the  necessary  in 
structions  for  the  completion  of  the  defences  of 
the  capital,  and  for  the  entire  reorganization  of 
the  department. 


When  I  assumed  command  of  the  army  of  the 
Potomac  I  found  Major  J.  G.  Barnard,  United 

and  extended  to  be  adequate  to  the  necessities  j  States  engineers,  subsequently  Brigadier-General 
of  the  service,  and  should  include  a  system  of  of  volunteers,  occupying  the  position  of  chief 
staff  and  line  education. 

The  affairs  of  the  Adjutant-General's  depart 
ment,  while  I  commanded  the  army  of  the  Poto 
mac,  were  conducted  by  Brigadier-General  S. 
Williams,  assisted  by  Lieutenant-Colonel  James 
A.  Hardie,  aid-de-camp.  Their  management  of 
the  department  during  the  organization  of  the 
army  in  the  fall  and  winter  of  1861,  and  during 
its  subsequent  operations  In  the  field,  was  ex 
cellent. 

They  were,  during  the  entire  period,  assisted 
by  Captain  Richard  B.  Irwin,  aid-de-camp,  and 
during  the  organization  of  the  army  by  the  fol 
lowing-named  officers:  Captains  Joseph  Kirk- 
land,  Arthur  McClellan,  M.  T.  McMahon,  William 
P.  Mason,  and  William  F.  Biddle,  aids-de-camp. 

My  personal  staff,  when  we  embarked  for  the 
Peninsula,  consisted  of  Colonel  Thomas  M.  Key, 
additional  aid-de-camp  ;  Colonel  E.  H.  Wright, 
additional  aid-de-camp  and  major,  Sixth  United 
States  cavalry  ;  Colonel  T.  T.  Gantt,  additional 
aid-de-camp  ;  Colonel  J.  J.  Astor,  Jr.,  volunteer 
aid-de-camp  ;  Lieutenant-Colonel  A.  V.  Colburn, 
additional  aid-de-camp  and  captain,  Adjutant- 
General's  department ;  Lieutenant-Colonel  N.  B. 
Sweitzer,  additional  aid-de-camp  and  captain, 
First  United  States  cavalry  ;  Lieutenant-Colonel 
Edward  McK.  Hudson,  additional  aid-de-camp 
and  captain,  Fourteenth  United  States  infantry  ; 
Lieutenant-Colonel  Paul  Von  Radowitz,  addition 
al  aid-de-camp ;  Major  H.  Von  Hammerstein,  ad- 
dit'onal  aid-de-camp ;  Major  W.  W.  Russell,  United 
States  marine  corps ;  Major  F.  LeCompte,  of  the 
Swiss  arrny,  volunteer  aid-de-camp ;  Captains 
Joseph  Kirkland,  Arthur  McClellan,  L.  P.  D'Or- 
leans,  R.  D' Orleans,  M.  T.  McMahon,  William  P. 


Under  his  direction  the  entire  system  of  de 
fences  was  carried  into  execution.  This  was 
completed  before  the  army  departed  for  Fort 
Monroe,  and  is  a  sufficient  evidence  of  the  skill 
of  the  engineers  and  the  diligent  labor  of  the 
troops. 

For  some  months  after  the  organization  of  the 
army  of  the  Potomac  was  commenced  there  were 
no  engineer  troops  with  it.  At  length,  however, 
three  companies  were  assigned.  Under  the 
skilful  management  of  Captain  J.  C.  Duane, 
United  States  engineers,  these  new  companies 
rapidly  became  efficient,  and,  as  will  be  seen, 
rendered  most  valuable  service  during  the  ensu 
ing  campaigns. 

The  number  of  engineer  troops  being  entirely 
inadequate  to  the  necessities  of  the  army,  an 
effort  was  made  to  partially  remedy  this  defect 
by  detailing  the  Fifteenth  and  Fiftieth  New-York 
volunteers,  which  contained  many  sailors  and 
mechanics,  as  engineer  troops.  They  were  first 
placed  under  the  immediate  superintendence 
of  Lieutenant-Colonel  B.  S.  Alexander,  United 
States  engineers,  by  whom  they  were  instructed 
in  the  duties  of  pontoniers,  and  became  some 
what  familiar  with  those  of  sappers  and  miners. 
Previous  to  the  movement  of  the  army  for  the 
Peninsula  this  brigade  was  placed  under  the 
command  of  Brigadier-General  D.  P.  Wood- 
bury,  Major  United  States  engineers. 

The  labor  of  preparing  the  engineer  and  bridge 


520 


REBELLION  RECORD,  1862-68. 


trains  devolved  chiefly  upon  Captain  Duane,  who 
was  instructed  to  procure  the  new  model  French 
bridge  train,  as  I  was  satisfied  that  the  India- 
rubber  pontoon  was  entirely  useless  for  the  gen 
eral  purposes  of  a  campaign. 

The  engineer  department  presented  the  fol 
lowing  complete  organization  when  the  army 
moved  for  the  Peninsula  : 

Brigadier-General  J.  G.  Barnard.  Chief  En 
gineer  ;  First  Lieutenant  H.  C.  Abbot,  topo 
graphical  engineers,  aid-de-camp.  Brigade  vol 
unteer  engineers,  Brigadier-General  Woodbury 
commanding :  Fifteenth  New-York  volunteers, 
Colonel  McLeod  Murphy ;  Fiftieth  New-York 
volunteers,  Colonel  C.  B.  Stewart.  Battalion, 
three  companies  United  States  engineers,  Captain 
J.  C.  Duane  commanding ;  companies  respectively 
commanded  by  First  Lieutenants  C.  B.  Reese,  C. 
E.  Cross,  and  0.  E.  Babcock,  United  States  en 
gineers.  The  Chief  Engineer  was  ably  assisted  in 
his  duties  by  Lieutenant-Colonel  B.  S.  Alexan 
der,  and  First  Lieutenants  C.  R.  Comstock,  M. 
D.  McAlester,  and  Merrill,  United  States  en 
gineers.  Captain  C.  S.  Stuart  and  Second  Lieu 
tenant  F.  U.  Farquhar,  United  States  engineers, 
joined  after  the  army  arrived  at  Fort  Monroe. 

The  necessary  bridge  equipage  for  the  opera 
tions  of  a  large  army  had  been  collected,  consist 
ing  of  batteaux  with  the  anchors  and  flooring 
material,  (French  model,)  trestles,  and  engineers' 
tools,  with  the  necessary  wagons  for  their  trans 
portation. 

The  small  number  of  officers  of  this  corps 
available  rendered  it  impracticable  to  detail  en 
gineers  permanently  at  the  headquarters  of  corps 
and  divisions.  The  companies  of  regular  engi 
neers  never  had  their  proper  number  of  officers, 
and  it  was  necessary,  as  a  rule,  to  follow  the 
principle  of  detailing  engineer  officers  tempora 
rily  whenever  their  services  were  required. 

TOPOGRAPHICAL    ENGINEERS. 

To  the  corps  of  topographical  engineers  was 
intrusted  the  collection  of  topographical  informa 
tion  and  the  preparation  of  campaign  maps.  Un 
til  a  short  time  previous  to  the  departure  of  the 
army  for  Fort  Monroe,  Lieutenant-Colonel  John 
W.  Macomb  was  in  charge  of  this  department, 
and  prepared  a  large  amount  of  valuable  mate 
rial.  He  was  succeeded  by  Brigadier-General 
A.  A.  Humphreys,  who  retained  the  position 
throughout  the  Peninsula  campaign.  These  offi 
cers  were  assisted  by  Lieutenants  H.  L.  Abbott, 
0.  G.  Wagner,  N.  Bowen,  John  M.  Wilson,  and 
James  H.  Wilson,  topographical  engineers.  This 
number,  being  the  greatest  available,  was  so 
small  that  much  of  the  duty  of  the  department 
devolved  upon  parties  furnished  by  Professor 
Bache,  Superintendent  of  the  Coast  Survey,  and 
other  gentlemen  from  civil  life. 

Owing  to  the  entire  absence  of  reliable  topo 
graphical  maps,  the  labors  of  this  corps  were 
difficult  and  arduous  in  the  extreme.  Notwith 
standing  the  energy  and  ability  displayed  by 
General  Humphreys,  Lieutenant-Colonel  Ma- 
<:omb,  and  theii  subordinates,  who  frequently 


obtained  the  necessary  information  under  fire, 
the  movements  of  the  army  were  sometimes  un 
avoidably  delayed  by  the  difficulty  of  obtaining 
knowledge  of  the  country  in  advance.  The  re 
sult  of  their  labors  has  been  the  preparation  of 
an  excellent  series  of  maps,  which  will  be  invalu 
able  to  any  army  traversing  the  same  ground. 

During  the  campaign  it  was  impossible  to  draw 
a  distinct  line  of  demarcation  between  the  duties 
of  the  two  corps  of  engineers  so  that  the  labors 
of  reconnoissances  of  roads,  of  lines  of  intrench- 
ments,  of  fields  for  battle,  and  of  the  position  of 
the  enemy,  as  well  as  the  construction  of  siege 
and  defensive  works,  were  habitually  performed 
by  details  from  either  corps,  as  the  convenience 
of  the  service  demanded. 

I  desire  to  express  my  high  appreciation  of  the 
skill,  gallantry,  and  devotion  displayed  by  the 
officers  of  both  corps  of  engineers,  under  the 
most  trying  circumstances. 

During  the  Maryland  campaign  I  united  the 
two  corps  under  Captain  J.  C.  Duane,  United 
States  engineers,  and  found  great  advantages 
from  the  arrangement. 

MEDICAL    DEPARTMENT. 

For  the  operations  of  the  medical  department 
I  refer  to  the  reports,  transmitted  herewith,  of 
Surgeon  Charles  S.  Tripler  and  Surgeon  Jona 
than  Letterman,  who,  in  turn,  performed  the  du 
ties  of  Medical  Director  of  the  army  of  the  Poto 
mac,  the  former  from  August  twelfth,  1861,  until 
July  first,  1862,  and  the  latter  after  that  date. 
The  difficulties  to  be  overcome  in  organizing  and 
making  effective  the  medical  department  were 
very  great,  arising  principally  from  the  inexpe 
rience  of  the  regimental  medical  officers,  many 
of  whom  were  physicians  taken  suddenly  from 
civil  life,  who,  according  to  Surgeon  Tripler,  "had 
to  be  instructed  in  their  duties  from  the  very 
alphabet,"  and  from  the  ignorance  of  the  line 
officers  as  to  their  relations  with  the  medical  offi 
cers.,  which  gave  rise  to  confusion  and  conflict  of 
authority.  Boards  of  examination  were  insti 
tuted,  by  which  many  ignorant  officers  were  re 
moved  ;  and  by  the  successive  exertions  of  Sur 
geons  Tripler  and  Letterman,  the  medical  corps 
was  brought  to  a  very  high  degree  of  efficiency. 
With  regard  to  the  sanitary  condition  of  the 
army  while  on  the  Potomac,  Dr.  Tripler  says  that 
the  records  show  a  constantly  increasing  immu 
nity  from  disease.  "In  October  and  November, 
1861,  with  an  army  averaging  one  hundred  and 
thirty  thousand  men,  we  had  seven  thousand 
nine  hundred  and  thirty -two  cases  of  fever  of  all 
sorts;  of  these,  about  one  thousand  were  re 
ported  as  cases  of  typhoid  fever.  I  know  that 
errors  of  diagnosis  were  frequently  committed, 
and  therefore  this  must  be  considered  as  the  limit 
of  typhoid  cases.  If  any  army  in  the  world  can 
how  such  a  record  as  this,  I  do  not  know  when 
or  where  it  was  assembled."  From  September, 
1861,  to  February,  1862,  while  the  army  was  in 
creasing,  the  number  of  sick  decreased  from 
7  per  cent  to  6.18  per  cent.  Of  these,  the  men 
sick  in  the  regimental  and  general  hospitals 


DOCUMENTS. 


521 


were  less  than  one  half;  the  remainder  were 
slight  cases,  under  treatment  in  quarters.  "  Dur 
ing  this  time,  so  far  as  rumor  was  concerned,  the 
army  was  being  decimated  by  disease  every 
month."  Of  the  sanitary  condition  of  the  army 
during  the  Peninsula  campaign,  up  to  its  arrival 
at  Harrison's  Landing,  Dr.  Tripler  says:  "Dur 
ing  this  campaign  the  army  was  favored  with  ex 
cellent  health.  No  epidemic  disease  appeared. 
Those  scourges  of  modern  armies  —  dysentery, 
typhus,  cholera — were  almost  unknown.  We  had 
some  typhoid  fe^er  and  more  malarial  fevers,  but 
even  these  never  prevailed  to  such  an  extent  as 
to  create  any  alarm.  The  sick  reports  were 
sometimes  larger  than  we  cared  to  have  them  ; 
but  the  great  majority  of  the  cases  reported  were 
such  as  did  not  threaten  life  or  permanent  disa 
bility.  I  regret  that  I  have  not  before  me  the 
retained  copies  of  the  monthly  reports,  so  that  I 
might  give  accurate  statistics.  I  have  endeavored 
to  recover  them,  but  have  been  unsuccessful.  My 
recollection  is,  that  the  whole  sick  report  never 
exceeded  eight  per  cent  of  the  force,  and  this 
including  all  sorts  of  cases,  the  trivial  as  well  as 
the  severe.  The  army  of  the  Potomac  must  be 
conceded  to  have  been  the  most  healthy  army  in 
the  service  of  the  United  States." 

His  remarks  at  the  conclusion  of  his  report 
upon  our  system  of  medical  administration,  and 
his  suggestions  for  its  improvement,  are  espe 
cially  worthy  of  attention. 

The  service,  labors,  and  privations  of  the  troops 
during  the  seven  days'  battles  had,  of  course,  a 
great  effect  on  the  health  of  the  army,  after  it 
reached  Harrison's  Landing,  increasing  the  num 
ber  of  sick  to  about  twenty  per  cent  of  the  whole 
force. 

The  nature  of  the  military  operations  had  also 
unavoidably  placed  the  medical  department  in 
a  very  unsatisfactory  condition.  Supplies  had 
been  almost  entirely  exhausted  or  necessarily 
abandoned;  hospital  tents  abandoned  or  de 
stroyed,  and  the  medical  officers  deficient  in 
numbers  and  broken  down  by  fatigue. 

All  the  remarkable  energy  and  ability  of  Sur 
geon  Letterman  were  required  to  restore  the  effi 
ciency  of  his  department;  but  before  we  left 
Harrison's  Landing  he  had  succeeded  in  fitting 
it  out  thoroughly  with  the  supplies  it  required, 
and  the  health  of  the  army  was  vastly  improved 
by  the  sanitary  measures  which  were  enforced 
at  his  suggestion. 

The  great  haste  with  which  the  army  was  re 
moved  from  the  Peninsula  made  it  necessary  to 
leav<a  at  Fort  Monroe,  to  be  forwarded  afterward, 
nearly  all  the  baggage  and  transportation,  includ 
ing  medical  stores  and  ambulances,  all  the  ves 
sel*3  being  required  to  transport  the  troops  them 
selves  and  their  ammunition  ;  and  when  the  army 
of  the  Potomac  returned  to  Washington  after 
General  Pope's  campaign,  and  the  medical  de 
partment  came  once  more  under  Surgeon  Letter- 
man's  control,  he  found  it  in  a  deplorable  condi 
tion.  The  officers  were  worn  out  by  the  labors 
they  had  performed,  and  the  few  supplies  that 
had  been  brought  from  the  Peninsula  had  been 


exhausted  or  abandoned,  so  that  the  work  of  re 
organization  and  re-supplying  had  to  be  again 
performed,  and  this  while  the  army  was  moving 
rapidly,  and  almost  in  the  face  of  the  enemy. 
That  it  was  successfully  accomplished  is  shown 
by  the  care  and  attention  which  the  wounded 
received  after  the  battles  of  South-Mountain  and 
Antietam. 

Among  the  improvements  introduced  into  his 
department  by  Surgeon  Letterman,  the  principal 
are  the  organization  of  an  ambulance  corps,  the 
system  of  field  hospitals,  and  the  method  of  sup 
plying  by  brigades,  all  of  which  were  instituted 
during  the  Maryland  campaign,  and  have  since 
proved  very  efficient. 

QUARTERMASTER'S  DEPARTMENT. 

On  assuming  command  of  the  troops  in  and 
around  Washington,  I  appointed  Captain  S.  Van 
Vliet,  Assistant  Quartermaster,  (afterward  Briga 
dier-General,)  Chief  Quartermaster  to  my  com 
mand,  and  gave  him  the  necessary  instructions 
for  organizing  his  department,  and  collecting  the 
supplies  requisite  for  the  large  army  then  called 
for. 

The  disaster  at  Manassas  had  but  recently  oc 
curred,  and  the  army  was  quite  destitute  of 
quartermaster's  stores.  General  Van  Vliet,  with 
great  energy  and  zeal,  set  himself  about  the  task 
of  furnishing  the  supplies  immediately  necessary, 
and  preparing  to  obtain  the  still  larger  amounts 
which  would  be  required  by  the  new  troops, 
which  were  moving  in  large  numbers  toward  the 
capital.  The  principal  depot  for  supplies  in  the 
city  of  Washington  was  under  charge  of  Colonel 
D.  H.  Rucker,  Assistant  Quartermaster,  who  ably 
performed  his  duties.  Lieutenant-Colonel  R.  In- 
galls,  Assistant  Quartermaster,  was  placed  in 
charge  of  the  department  on  the  south  side  of 
the  Potomac.  I  directed  a  large  depot  for  trans 
portation  to  be  established  at  Perryville,  on  the 
left  bank  of  the  Susquehanna,  a  point  equally  ac 
cessible  by  rail  and  water.  Captain  C.  G.  Saw- 
telle,  Assistant  Quartermaster,  was  detailed  to 
organize  the  camp,  and  performed  his  duties  to 
my  entire  satisfaction.  Captain  J.  J.  Dana,  As 
sistant  Quartermaster,  had  immediate  charge  of 
the  transportation  in  and  about  Washington,  as 
well  as  of  the  large  number  of  horses  purchased 
for  the  use  of  the  artillery  and  cavalry.  The 
principal  difficulties  which  General  Van  Vliet  had 
to  encounter  arose  from  the  inexperience  of  the 
majority  of  the  officers  of  his  department  in  the 
new  regiments  and  brigades. 

The  necessity  of  attending  personally  to  minor 
details  rendered  his  duties  arduous  and  harass 
ing  in  the  extreme.  All  obstacles,  however,  were 
surmounted  by  the  untiring  industry  of  the  Chief 
Quartermaster  and  his  immediate  subordinates, 
and  when  the  army  was  prepared  to  move  the 
organization  of  the  department  was  found  to  bo 
admirable. 

When  it  was  determined  to  move  the  army  to 
the  Peninsula,  the  duties  of  providing  water 
transportation  were  devolved  by  the  Secretary  of 
War  upon  his  assistant,  the  Honorable  John 


522 


REBELLION  RECORD,  1862-63. 


Tucker.  The  vessels  were  ordered  to  Alexan 
dria,  and  Lieutenant-Colonel  Ingalls  was  placed 
in  immediate  charge  of  the  embarkation  of  the 
troops,  transportation,  and  material  of  every  de 
scription.  Operations  of  this  nature,  on  so  ex 
tensive  a  scale,  had  no  parallel  in  the  history  of 
our  country. 

The  arrangements  of  Lieutenant-Colonel  In 
galls  were  perfected  with  remarkable  skill  and 
energy,  and  the  army  and  its  material  were  em 
barked  and  transported  to  Fortress  Monroe  in  a 
very  short  space  of  time,  and  entirely  without 
loss. 

During  the  operations  on  the  Peninsula,  until 
the  arrival  of  troops  at  Harrison's  Landing,  Gen 
eral  Van  Vliet  retained  the  position  of  Chief  Quar 
termaster,  and  maintained  the  thorough  organi 
zation  and  efficiency  of  his  department.  The 
principal  depot  of  supplies  were  under  the  imme 
diate  charge  of  Lieutenant-Colonels  Ingalls  and 
Sawtelle. 

On  the  tenth  of  July,  1862,  General  Van  Vliet 
having  requested  to  be  relieved  from  duty  with 
the  army  of  the  Potomac,  I  appointed  Lieuten 
ant-Colonel  Ingalls  Chief  Quartermaster,  and  he 
continued  to  discharge  the  duties  of  that  office 
during  the  remainder  of  the  Peninsula  and  the 
Maryland  campaigns  in  a  manner  which  fully 
sustained  the  high  reputation  he  had  previously 
acquired. 

The  immediate  amount  of  labor  accomplished, 
often  under  the  most  difficult  circumstances,  the 
admirable  system  under  which  the  duties  of  the 
department  were  performed,  and  the  entire  suc 
cess  which  attended  the  efforts  to  supply  so  large 
an  army,  reflect  the  highest  credit  upon  the  offi 
cers  upon  whom  these  onerous  duties  devolved. 
The  reports  of  General  Van  Vliet  and  Lieuten 
ant-Colonel  Ingalls,  with  the  accompanying  docu 
ments,  give  in  detail  the  history  of  the  depart 
ment  from  its  organization  until  I  was  relieved 
from  the  command  of  the  army  of  the  Potomac. 

SUBSISTENCE  DEPARTMENT. 

On  the  first  of  August,  1861,  Colonel  H.  F. 
Clark,  Commissary  of  Subsistence,  joined  my 
staff,  and  at  once  entered  upon  his  duties  as 
Chief  Commissary  of  the  army  of  the  Potomac. 
In  order  to  realize  the  responsibilities  pertaining 
to  this  office,  as  well  as  to  form  a  proper  estimate 
of  the  vast  amount  of  labor  which  must  necessar 
ily  devolve  upon  its  occupant,  it  is  only  necessary 
to  consider  the  unprepared  state  of  the  country 
to  engage  in  a  war  of  such  magnitude  as  the  pres 
ent,  and  the  lack  of  practical  knowledge,  on  the 
part  of  the  officers,  with  reference  to  supplying 
and  subsisting  a  large,  and  at  that  time,  unor 
ganized  army.  Yet,  notwithstanding  the  exist 
ence  of  these  great  obstacles,  the  manner  in 
which  the  duties  of  the  commissionary  depart 
ment  were  discharged  was  such  as  to  merit  and 
call  forth  the  commendation  of  the  entire  army. 

During  the  stay  of  the  army  of  the  Potomac 
in  the  vicinity  of  Washington,  prior  to  the  Pe 
ninsula  campaign,  its  subsistence  was  drawn 
chieflv  from  the  deoots  which  had  been  estab 


lished  by  the  commissary  department  at  Wash 
ington,  Alexandria,  Forts  Corcoran  and  Runyon. 
In  the  important  task  of  designating  and  estab 
lishing  depots  of  supplies,  Colonel  Clarke  was 
ably  seconded  by  his  assistants,  Colonel  Amos 
Beckwith,  Commissary  of  Subsistence,  U.  S.  A. ; 
Lieutenant-Colonel  George  Bell,  Commissary  of 
Subsistence,  U.  S.  A. ;  Lieutenant-Colonel  A.  P. 
Porter,  Commissary  of  Subsistence,  U.  S.  A. ; 
Captain  Thomas  Wilson,  Commissary  of  Subsist 
ence,  U.  S.  A. ;  Captain  Brownell  Granger,  Com 
missary  of  Subsistence,  U.  S.  volunteers ;  Cap 
tain  W.  H.  Bell,  Commissary  of  Subsistence,  U. 
S.  A. ;  Captain  J.  H.  Woodward,  Commissary  of 
Subsistence,  U.  S.  volunteers ;  and  Captain  W. 
R.  Murphy,  Commissary  of  Subsistence,  U.  S. 
volunteers. 

For  a  full  knowledge  of  the  highly  creditable 
manner  in  which  each  and  all  of  the  above-men 
tioned  officers  discharged  their  duties,  I  invite 
attention  to  the  detailed  report  of  Colonel  Clarke. 
The  remarks  and  suggestions  contained  in  his 
report  are  worthy  of  attention,  as  affording  valu 
able  rules  for  the  future  guidance  of  the  sub 
sistence  department  in  supplying  armies  in  the 
field.  The  success  of  the  subsistence  depart 
ment  of  the  army  of  the  Potomac  was  in  a  great 
measure  attributable  to  the  fact  that  the  subsist 
ence  department  at  Washington  made  ample  pro 
vision  for  sending  supplies  to  the  Peninsula,  and 
that  it  always  exercised  the  most  intelligent  fore 
sight.  It  moreover  gave  its  advice  and  counte 
nance  to  the  officers  charged  with  its  duties  and 
reputation  in  the  field,  and  those  officers,  I  ain 
happy  to  say,  worked  with  it,  and  together,  in 
perfect  harmony  for  the  public  good.  During 
the  entire  period  that  I  was  in  command  of  the 
army  of  the  Potomac  there  was  no  instance  with 
in  my  knowledge  where  the  troops  were  without 
their  rations  from  any  fault  of  the  officers  of  this 
department. 

ORDNANCE    DEPARTMENT. 

This  very  important  branch  of  the  service  was 
placed  under  the  charge  of  Captain  C.  P.  Kings- 
bury,  Ordnance  corps,  Colonel  and  Aid-de-Camp. 
Great  difficulty  existed  in  the  proper  organiza 
tion  of  the  department  for  the  want  of  a  suffi 
cient  number  of  suitable  officers  to  perform  the 
duties  at  the  various  headquarters  and  depots  of 
supply.  But  far  greater  obstacles  had  to  be  sur 
mounted,  from  the  fact  that  the  supply  of  small 
arms  was  totally  inadequate  to  the  demands  of 
a  large  army,  and  a  vast  proportion  of  those  fur 
nished  were  of  such  inferior  quality  as  to  be  un 
satisfactory  to  the  troops,  and  condemned  br 
their  officers.  The  supply  of  artillery  was  more 
abundant,  but  of  great  variety.  Rifled  ordnance 
was  just  coming  into  use,  for  the  first  time  in 
;his  country,  and  the  description  of  gun  and  kind 
of  projectile  which  would  prove  most  effective, 
and  should,  therefore,  be  adopted,  was  a  mere 
matter  of  theory.  To  obviate  these  difficulties, 
arge  quanties  of  small  arms  of  foreign  manu 
facture  were  contracted  for;  private  enterprise 
n  the  construction  of  arms  and  ammunition  was 


DOCUMENTS. 


523 


encouraged ;  and  by  the  time  the  army  was  or 
dered  to  move  to  the  Peninsula  the  amount  of 
ordnance  and  ordnance  stores  was  ample.  Much 
also  had  been  done  to  bring  the  quality,  both  of 
arms  and  ammunition,  up  to  the  proper  standard. 
Boards  of  officers  were  in  session  continually 
during  the  autumn  and  winter  of  1861,  to  test 
the  relative  merits  of  new  arms  and  projectiles. 

The  reports  of  these  boards,  confirmed  by  sub 
sequent  experience  in  the  field,  have  done  much  to 
establish  the  respective  claims  of  different  invent 
ors  and  manufacturers.  During  the  campaigns  of 
the  Peninsula  and  Maryland,  the  officers  connected 
with  the  department  were  zealous  and  energetic, 
and  kept  the  troops  well  supplied,  notwithstanding 
the  perplexing  and  arduous  nature  of  their  duties. 
One  great  source  of  perplexity  was  the  fact  that 
it  had  been  necessary  to  issue  arms  of  all  varieties 
and  calibres,  giving  an  equal  diversity  in  the  kinds 
of  ammunition  required.  Untiring  watchfulness 
was  therefore  incumbent  upon  the  officers  in 
charge  to  prevent  confusion  and  improper  distri 
bution  of  cartridges.  Colonel  Kingsbury  dis 
charged  the  duties  of  his  office  with  great  effi 
ciency  until  the day  of  July,  1862,  when  his 

health  required  that  he  should  be  relieved.  First 
Lieutenant  Thomas  G.  Baylor,  ordnance  corps, 
succeeded  him,  and  performed  his  duty  during  the 
remainder  of  the  Peninsula  and  Maryland  cam 
paigns  with  marked  ability  and  success. 

The  want  of  reports  from  Colonel  Kingsbury 
and  Lieutenant  Baylor  renders  it  impossible  for 
me  to  enter  at  all  into  the  details  of  the  organiza 
tion  of  the  department. 

PROVOST-MARSHAL'S  DEPARTMENT. 

Immediately  after  I  was  placed  in  command  of 
the  "Division  of  the  Potomac,"  I  appointed  Col 
onel  Andrew  Porter,  Sixteenth  regiment  infantry, 
Provost-Marshal  of  Washington.  All  the  available 
regular  infantry,  a  battery  and  a  squadron  of  cav 
alry  were  placed  under  his  command,  and  by  his 
energetic  action  he  soon  corrected  the  serious 
evils  which  existed,  and  restored  order  in  the 
city. 

When  the  army  was  about  to  take  the  field, 
General  Porter  was  appointed  Provost-Marshal 
General  of  the  army  of  the  Potomac,  and  held 
that  most  important  position  until  the  end  of  the 
Peninsula  campaign,  when  sickness,  contracted 
in  the  untiring  discharge  of  his  duties,  compelled 
him  to  ask  to  be  relieved  from  the  position  he  had 
so  ably  and  energetically  filled. 

The  Provost-Marshal  General's  department  had 
the  charge  of  a  class  of  duties  which  had  not  be 
fore,  in  our  service,  been  defined  and  grouped 
under  the  management  of  a  special  department. 
The  following  subjects  indicate  the  sphere  of  this 
department:  suppression  of  marauding  and  de 
predations,  and  of  all  brawls  and  disturbances, 
preservation  of  good  order,  and  suppression  of 
disturbances  beyond  the  limits  of  the  camps. 

Prevention  of  straggling  on  the  march. 

Suppression  of  gambling-houses,  drinking- 
houses,  or  bar-rooms,  and  brothels. 


Regulation  of  hotels,  taverns,  markets,  and 
places  of  public  amusement. 

Searches,  seizures,  and  arrests.  Execution  of 
sentences  of  general  courts-martial,  involving  im 
prisonment  or  capital  punishment.  Enforcement 
|  of  orders  prohibiting  the  sale  of  intoxicating  li- 
i  quors,  whether  by  tradesmen  or  sutlers,  and  of 
orders  respecting  passes. 

Deserters  from  the  enemy. 

Prisoners  of  war  taken  from  the  enemy. 

Countersigning  safeguards. 

Passes  to  citizens  within  the  lines,  and  for  pur 
poses  of  trade. 

Complaints  of  citizens  as  to  the  conduct  of  the 
soldiers. 

General  Porter  was  assisted  by  the  following 
named  officers : 

Major  W.  H.  Wood,  Seventeenth  United  States 
infantry;  Captain  James  McMillom,  acting  Assist- 
I  ant  Adjutant-General,  Seventeenth  United  States 
|  infantry;  Captain  W.  T.  Gentry,  Seventeenth  Uni- 
I  ted  States  infantry  ;  Captain  J.  W.  Forsurth,  Eigh- 
i  teenth  United  States  infantry ;  Lieutenant  J.  W. 
Jones,  Twelfth  United  States  infantry ;  Lieuten 
ant  C.  F.  Trowbridge,  Sixteenth  United  States 
infantry ;  and  Lieutenant  C.  D.  Mehaffey,  First 
United  States  infantry. 

The  provost-guard  was  composed  of  the  Second 
United  States  cavalry,  Major  Pleasanton,  and  a 
battalion  of  the  Eighth  and  Seventeenth  United 
States  infantry,  Major  Willard.  After  General 
Porter  was  relieved,  Major  Wood  was  in  charge 
of  this  department  until  after  the  battle  of  Antie- 
tam,  when  Brigadier-General  Patrick  was  appoint 
ed  Provost-Marshal  General. 

COMMANDANT  OF  GENERAL  HEADQUARTERS. 

When  the  army  took  the  field,  for  the  purpose 
of  securing  order  and  regularity  in  the  camp  of 
headquarters,  and  facilitating  its  movements,  the 
office  of  commandant  of  general  headquarters  was 
created,  and  assigned  to  Major  G.  0.  Haller,  Sev 
enth  United  States  infantry.  Six  companies  of 
infantry  were  placed  under  his  orders  for  guard 
and  police  duty.  Among  the  orders  appended  to 
this  report,  is  the  one  defining  his  duties,  which 
were  always  satisfactorily  performed. 

JUDGE- ADVOCATE. 

From  August,  1861,  the  position  of  Judge-Ad 
vocate  was  held  by  Colonel  Thomas  T.  Gantt, 
Aid-de-Camp,until  compelled  by  ill-health  to  retire, 
at  Harrison's  Landing,  in  August,  1862.  His  re 
views  of  the  decisions  of  courts-martial  during 
this  period  were  of  great  utility  in  correcting  the 
practice  in  military  courts,  diffusing  true  notions 
of  discipline  and  subordination,  and  setting  before 
the  army  a  high  standard  of  soldierly  honor. 
Upon  the  retirement  of  Colonel  Gantt,  the  duties 
of  Judge-Advocate  were  ably  performed  by  Colo 
nel  Thomas  M.  Key,  Aid-de-Camp. 

SIGNAL   CORPS. 

The  method  of  conveying  intelligence  and  or 
ders,  invented  and  introduced  into  the  service  by 
Major  Albert  J.  Myer,  signal  officer  United  States 


524 


REBELLION  RECORD,  1862-63. 


army,  was  first  practically  tested  in  large  opera 
tions  daring  the  organization  of  the  army  of  the 
Potomac. 

Under  the  direction  of  Major  Myer,  a  signal 
corps  was  formed  by  detailing  officers  and  men 
from  the  different  regiments  of  volunteers  and  in 
structing  them  in  the  use  of  the  flags  by  day  and 
torches  by  night. 

The  chief  signal  officer  was  indefatigable  in  his 
exertions  to  render  his  corps  effective,  and  it  soor 
fcecame  available  for  service  in  every  division  of 
the  army.  In  addition  to  the  flags  and  torches 
Major  Myer  introduced  a  portable  insulated  tele 
graph  wire,  which  could  be  readily  laid  from  poini 
to  point,  and  which  could  be  used  under  the  same 
general  system.  In  front  of  Washington,  and  on 
the  Lower  Potomac,  at  any  point  within  our  lines 
not  reached  by  the  military  telegraph,  the  grea 
usefulness,  of  this  system  of  signals  was  made 
manifest.  But  it  was  not  until  after  the  arrival 
of  the  army  upon  the  Peninsula,  and  during  the 
siege  and  battles  of  that  and  the  Maryland  cam 
paigns  that  the  great  benefits  to  be  derived  from 
it  on  the  field  and  under  fire  were  fully  appreci 
ated. 

There  was  scarcely  any  action  or  skirmish  in 
which  the  signal  corps  did  not  render  important 
services.  Often  under  heavy  fire  of  artillery, 
and  not  unfrequently  while  exposed  to  musketry, 
the  officers  and  men  of  this  corps  gave  informa 
tion  of  the  movements  of  the  enemy,  aftd  trans 
mitted  directions  for  the  evolutions  of  our  own 
troops. 

The  report  of  the  chief  signal  officer,  with  ac 
companying  documents,  will  give  the  details  of 
the  services  of  this  corps,  and  call  attention  to 
those  members  of  it  who  were  particularly  dis 
tinguished. 

TELEGRAPHIC. 

The  telegraphic  operations  of  the  army  of  the 
Potomac  were  superintended  by  Major  Thomas 
J.  Eckert,  and  under  the  immediate  direction  of 

Mr. Caldwell,  who  was,  with  a  corps  of 

operators,  attached  to  my  headquarters  during 
the  entire  campaigns  upon  the  Peninsula  and  in 
Maryland. 

The  services  of  this  corps  were  arduous  and 
efficient.  Under  the  admirable  arrangements  of 
Major  Eckert  they  were  constantly  provided  with 
all  the  material  for  constructing  new  lines,  which 
were  rapidly  established  whenever  the  army 
changed  position;  and  it  was  not  unfrequently 
the  case  that  the  operatives  worked  under  fire 
from  the  enemy's  guns ;  yet  they  invariably  per 
formed  all  the  duties  required  of  them  with  great 
alacrity  and  cheerfulness,  and  it  was  seldom  that 
I  was  without  the  means  of  direct  telegraphic 
communication  with  the  War  Department  and 
with  the  corps  commanders. 

From  the  organization  of  the  army  of  the  Po 
tomac  up  to  November  first,  1802,  including  the 
Peninsula  and  Maryland  campaigns,  upward  of 
one  thousand  two  hundred  (1200)  miles  of 
military  telegraph  line  had  been  constructed  in 
connection  with  the  operations  oi  the  army,  and 


I  the  number  of  operatives  and  builders  employed 

j  was  about  two  hundred,  (200.) 

To  Professor  Lowe,  the  intelligent-  and  enter- 
prising  aeronaut,  who  had  the  management  of 

I  the  balloons,  I  was  greatly  indebted  for  the  valu- 
able  information  obtained'  during  his  ascensions. 
I  have  more  than  once  taken  occasion  to  recom 
mend  the  members  of  my  staff,  both  general  and 
personal,  for  promotion  and  reward.  I  beg  leave 
to  repeat  these  recommendations,  and  to  record 
their  names  in  the  history  of  the  army  of  the 
Potomac,  as  gallant  soldiers,  to  whom  their  coun 
try  owes  a  debt  of  gratitude  still  unpaid,  for  the 
courage,  ability,  and  untiring  zeal  they  displayed 
during  the  eventful  campaigns  in  which  they 
bore  so  prominent  a  part. 

CHAPTER   II. 

On  the  fifteenth  of  October  the  main  body  of 
the  army  of  the  Potomac  was  in  the  immediate 
vicinity  of  Washington,  with  detachments  on 
the  left  bank  of  the  Potomac  as  far  down  as 
Liverpool  Point,  and  as  far  up  as  Williamsport 
and  its  vicinity.  The  different  divisions  were 
posted  as  follows :  Hooker  at  Budd's  Ferry,  Low 
er  Potomac;  Heintzelman  at  Fort  Lyon  and 
vicinity;  Franklin  near  the  Theological  Seminary  ; 
Blenker  near  Hunter's  Chapel ;  McDowell  at  Up 
ton's  Hill  and  Arlington ;  F.  J.  Porter  at  Hall's 
and  Miner's  Hills;  Smith  at  Mackall's  Hill;  Mc 
Call  at  Langley ;  Buell  at  Tenallytown,  Meridian 
Hill,  Emory's  Chapel,  etc.,  on  the  left  bank  of 
the  river;  Casey  at  Washington;  Stoneman's 
cavalry  at  Washington  ;  Hunt's  artillery  at  Wash 
ington  ;  Banks  at  Darnestown,  with  detachments 
at  Point  of  Rocks,  Sandy  Hook,  "Williamsport, 
etc.  ;  Stone  at  Poolesville  ;  and  Dix  at  Baltimore, 
with  detachments  on  the  Eastern  Shore. 

On  the  nineteenth  of  October,  18(51,  General 
\IcCall  marched  to  Drainsville  with  his  division, 
n  order  to  cover  reconnoissances  to  be  made  in 
all  directions  the  next  day,  for  the  purpose  of 
earning  the  position  of  the  enemy,  and  of  cov 
ering  the  operations  of  the  topographical  engi 
neers  in  making  maps  of  that  region. 

On  the  twenty-ninth,  acting  in  concert  with 
General  McCall,  General  Smith  pushed  strong 
parties  to  Freedom  Hill,  Vienna,  Flint  Hill,  Pea 
cock  Hill,  etc.,  to  accomplish  the  same  purpose 
n  that  part  of  the  front.  These  reconnoissances 
were  successful. 

On  the  morning  of  the  twentieth  I  received 
he  following  telegram  from  General  Banks' s  head- 
uarters : 

DARNESTOWN.  October  20,  1861. 

SIR  :  The  signal  station  at  Sugar  Loaf  'tele 
graphs  that  the  enemy  have  moved  away  from 
^eesburgh.  All  quiet  here. 

R.  M.  COPELAND, 

Assistant  Adjutant-General. 

General  MARCY. 

Whereupon  I  sent  to  General  Stone,  at  Pooles- 
ille,  the  following  telegram  : 

CAMP  GRIFFIN,  October  20, 1961. 

General  McClellan  desires  me  to  inform  you 
hat  General  McCall  occupied  Drainsville  yester- 


DOCUMENTS. 


525 


day,  and  is  still  there.  Will  send  out  heavy 
reconnoissances  to-day  in  all  directions  from  that 
point.  The  General  desires  that  you  will  keep  a 
good  look-out  upon  Leesburgh,  to  see  if  this  move 
ment  has  the  effect  to  drive  them  away.  Per 
haps  a  slight  demonstration  on  your  part  would 
have  the  effect  to  move  them. 

A.  V.   CoLBrRN, 
Assistant  Adjutant-General. 

Brig. -Gen.  C.  P.  STONE,  Poolesville. 

Deeming  it  possible  that  General  McCall' s 
movement  to  Drainsville,  together  with  the  sub 
sequent  reconnoissances,  might  have  the  effect 
of  inducing  the  enemy  to  abandon  Leesburgh, 
and  the  despatch  from  Sugar  Loaf  appearing  to 
confirm  this  view,  I  wished  General  Stone,  who 
had  only  a  line  of  pickets  on  the  river,  the  mass 
of  his  troops  being  out  of  sight  of,  and  beyond 
range  from,  the  Virginia  bank,  to  make  some  dis 
play  of  an  intention  to  cross,  and  also  to  watch 
the  enemy  more  closely  than  usual.  I  did  not 
direct  him  to  cross,  nor  did  I  intend  that  he 
should  cross  the  river  in  force  for  the  purpose  of 
fighting. 

The  above  despatch  was  sent  on  the  twentieth, 
and  reached  General  Stone  as  early  as  eleven 
A.M.  of  that  day.  I  expected  him  to  accomplish 
all  that  was  intended  on  the  same  day ;  and  this 
he  did,  as  will  be  seen  from  the  following  des 
patch,  received  at  my  headquarters  in  Washing 
ton  from  Poolesville  on  the  evening  of  October 
twentieth : 

Made  a  feint  of  crossing  at  this  place  this  af 
ternoon,  and  at  the  same  time  started  a  recon 
noitring  party  toward  Leesburgh  from  Harrison's 
Island.  The  enemy's  pickets  retired  to  intrench- 
ments.  Report  of  reconnoitring  party  not  yet 
received.  I  have  means  of  crossing  one  hun 
dred  and  twenty-five  men  once  in  ten  minutes  at 
each  of  two  points.  River  falling  slowly. 
C.  P.  STONE, 

Brigadier-General. 

Major-General  McCLELLAN. 

As  it  was  not  foreseen  or  expected  that  Gen 
eral  McCall  would  be  needed  to  cooperate  with 
General  Stone  in  any  attack,  he  was  directed  to 
fall  back  from  Drainsville  to  his  original  camp, 
near  Prospect  Hill,  as  soon  as  the  required  recon 
noissances  were  completed. 

Accordingly  he  left  Drainsville  on  his  return, 
at  about  half-past  eight  A.M.  of  the  twenty -first, 
reaching  his  old  camp  at  about  one  P.M. 

In  the  mean  time  I  was  surprised  to  hear  from 
General  Stone  that  a  portion  of  his  troops  were 
engaged  on  the  Virginia  side  of  the  river,  and  at 
once  sent  instructions  to  General  McCall  to  re 
main  at  Drainsville,  if  he  had  not  left  before  the 
order  reached  him. 

The  order  did  not  reach  him  until  his  return 
to  his  camp  at  Langley.  He  was  then  ordered 
to  rest  his  men,  and  hold  his  division  in  readi 
ness  to  return  to  Drainsville  at  a  monent's  notice, 
should  it  become  necessary.  Similar  instructions 
were  given  to  other  divisions  during  the  after 
noon. 

S.  D.  34. 


The  first  intimation  I  received  from  General 
Stone  of  the  real  nature  of  his  movements  was  in 
a  telegram,  as  follows : 

EDWARDS'S  FERRY,  October  21— 11.10  A.M. 

The  enemy  have  been  engaged  opposite  Harri 
son's  Island  ;  our  men  are  behaving  admirably. 

C.  P.  STONE, 

Brigadier-Genend. 

Major-General  MCCLELLAN. 

At  two  P.M.  General  Banks's  Adjutant-General 
sent  the  following : 

DARNESTOWN,  October  21, 1861 — 2  P.M. 
General   Stone   safely  crossed   the   river  this 
morning.     Some  engagements  have  taken  place 
on  the  other  side  of  the  river — how  important  is 
not  known.  R.  M.  COPELAND, 

Acting  Assistant  Adjutant-General. 

General  R.  B.  MARCY. 

General  Stone  sent  the  following  despatches  on 
the  same  day  at  the  hours  indicated  : 

EDWARDS'S  FERRY,  October  21, 1861—2  P.M. 

There  has  been  sharp  firing  on  the  right  of  our 
line,  and  our  troops  appear  to  be  advancing  there 
under  Baker.  The  left,  under  Gorman,  has  ad 
vanced  its  skirmishers  nearly  one  mile,  and  if  the 
movement  continues  successful,  will  turn  the 
enemy's  right.  C.  P.  STONE, 

Brigadier-G  eneraL 

Major-General  MCCLELLAN. 

EDWARDS'S  FERRY,  October  21,  'JS61 — 4  P.M. 
Nearly  all  my  force  is  across  the  river.     Baker 
on  the  right ;  Gorman  on  the  left.    Right,  sharply 
engaged.  C.  P.  STONE, 

Brigadier-General. 

General  MCCLELJLAN. 

EDWARDS'S  FERRY,  October  21, 1861 — 9.30  P.M. 

I  am  occupied  in  preventing  further  disaster, 
and  try  to  get  into  a  position  to  redeem.  We 
have  lost  some  of  our  best  commanders — Baker 
dead,'  Cogswell  a  prisoner  or  secreted.  The 
wounded  are  being  carefully  and  rapidly  re 
moved  ;  and  Gorman's  wing  is  being  cautiously 
withdrawn.  Any  advance  from  Drainsville  must 
be  made  cautiously. 

All  was  reported  going  well  up  to  Baker's  death, 
but,  in  the  confusion  following  that,  the  right 
wing  was  outflanked.  In  a  few  hours  I  shall, 
unless  a  night  attack  is  made,  be  in  the  same 
position  as  last  night,  save  the  loss  of  many  good 
men.  C.  P.  STONE, 

Brigadier-General. 

Major-General  MCCLELLAN. 

Although  no  more  fully  informed  of  the  state 
of  affairs,  I  had  during  the  afternoon,  as  a  pre 
cautionary  measure,  ordered  General  Banks  to 
send  one  brigade  to  the  support  of  the  troops  at 
Harrison's  Island,  and  to  move  with  the  other 
two  to  Seneca  Mills,  ready  to  support  General 
Stone  if  necessary.  The  half-past  nine  P.M.  des 
patch  of  General  Stone  did  not  give  me  an  entire 
understanding  of  the  state  of  the  case. 

Aware  of  the  difficulties  and  perhaps  fatal  con 
sequences  of  recrossing  such  a  river  as  the  Pcto- 


526 


REBELLION   RECORD,  1862-63. 


mac  after  a  repulse,  and  from  these  telegrams 
supposing  his  whole  force  to  be  on  the  Virginia 
side,  I  directed  General  Stone  to  intrench  himself, 
and  hold  the  Virginia  side  at  all  hazards  until 
reinforcements  could  arrive,  when  he  could  safely 
withdraw  to  the  Maryland  side,  or  hold  his  posi 
tion  on  the  Virginia  side,  should  that  prove  ad 
visable. 

General  Banks  was  instructed  to  move  the  rest 
of  his  division  to  Edwards's  Ferry,  and  to  send 
over  as  many  men  as  possible  before  daylight  to 
reenforce  Stone.  He  did  not  arrive  in  time  to 
effect  this,  and  was  instructed  to  collect  all  the 
canal-boats  he  could  find,  and  use  them  for  cross 
ing  at  Edwards's  Ferry  in  sufficient  force  to  en 
able  the  troops  already  there  to  hold  the  opposite 
side. 

On  the  twenty-second  I  went  to  the  ground  in 
person,  and  reaching  Poolesville,  learned  for  the 
first  time  the  full  details  of  the  affair. 

The  following  extract  from  the  evidence  of 
General  Stone  before  the  u  Committee  on  the 
Conduct  of  the  War  "  on  the  fifth  of  January, 
1862,  will  throw  further  light  on  this  occurrence. 

General  Stone  says  he  received  the  order  from 
my  headquarters  to  make  a  slight  demonstration 
at  about  eleven  o'clock  A.M.  on  the  twentieth,  and 
that,  in  obedience  to  that  order,  he  made  the 
demonstration  on  the  evening  of  the  same  day. 

In  regard  to  the  reconnoissance  on  the  twenty- 
first,  which  resulted  in  the  battle  of  Ball's  Bluff, 
he  was  asked  the  following  questions  : 

Question.  "Did  this  reconnoissance  originate 
with  yourself,  or  had  you  orders  from  the  Gene 
ral-in-Chief  to  make  it?" 

To  which  he  replied :  "  It  originated  with  my 
self — the  reconnoissance." 

Question.  "The  order  did  not  proceed  from 
General  McClellan  ?" 

Answer.  "  I  was  directed  the  day  before  to 
make  a  demonstration  ;  that  demonstration  was 
made  the  (Jay  previous." 

Question.  "  Did  you  receive  an  order  from  the 
General-in-Chief  to  make  the  reconnoissance  ?" 

Answer.   "  No,  sir." 

Making  a  personal  examination  on  the  twenty- 
third,  I  found  that  the  position  on  the  Virginia 
side  at  Edwards's  Ferry  was  not  a  tenable  one, 
but  did  not  think  it  wise  to  withdraw  the  troops 
by  daylight.  I  therefore  caused  more  artillery 
to  be  placed  in  position  on  the  Maryland  side  to 
cover  the  approaches  to  the  ground  held  by  us, 
and  crossed  the  few  additional  troops  that  the 
high  wind  permitted  us  to  get  over,  so  as  to  be 
as  secure  as  possible  against  any  attack  during 
the  day.  Before  nightfall  all  the  precautions 
were  taken  to  secure  an  orderly  and  quiet  pas 
sage  of  the  troops  and  guns. 

The  movement  was  commenced  soon  after  dark, 
under  the  personal  supervision  of  General  Stone, 
who  received  the  order  for  the  withdrawal  at  fif 
teen  minutes  past  seven  P.M. 

By  four  A.M.  of  the  twenty-fourth  every  thing 
had  reached  the  Maryland  shore  in  safety. 

A  few  days  afterward  I  received  information 
which  seemed  to  be  authentic,  to  the  effect  that 


large  bodies  of  the  enemy  had  been  ordered  from 
Manassas  to  Leesburgh,  to  cut  off  our  troops  on 
the  Virginia  side.  Their  timely  withdrawal  had 
probably  prevented  a  still  more  serious  disaster. 

I  refer  to  General  Stone's  report  of  this  battle, 
furnished  the  War  Department,  and  his  pub 
lished  testimony  before  the  "  Committee  on  the 
Conduct  of  the  War  "  for  further  details. 

The  records  of  the  War  Department  show  my 
anxiety  and  efforts  to  assume  active  offensive 
operations  in  the  fall  and  early  winter.  It  is 
only  just  to  say,  however,  that  the  unprecedent 
ed  condition  of  the  roads  and  Virginia  soil  would 
have  delayed  an  advance  till  February,  had  the 
discipline,  organization,  and  equipment  of  the 
army  been  as  complete  at  the  close  of  the  fall  as 
was  necessary,  and  as  I  desired  and  labored 
against  every  impediment  to  make  them. 

While  still  in  command  only  of  the  army  of 
the  Potomac,  namely,  in  early  September,  I  pro 
posed  the  formation  of  a  corps  of  New-Englanders 
for  coast  service  in  the  bays  and  inlets  of  the 
Chesapeake  and  Potomac,  to  cooperate  with  my 
own  command,  from  which  most  of  its  material 
was  drawn. 

On  the  first  of  November,  however,  I  was  call 
ed  to  relieve  Lieutenant-General  Scott  in  the 
chief  and  general  command  of  the  armies  of 
the  Union.  The  direction  and  nature  of  this 
coast  expedition,  therefore,  was  somewhat  chang 
ed,  as  will  soon  appear  in  the  original  plan  sub 
mitted  to  the  Secretary  of  War,  and  the  letter 
of  instructions  later  issued  to  General  Burn- 
side,  its  commander.  The  whole  country  indeed 
had  now  become  the  theatre  of  military  opera 
tions  from  the  Potomac  to  beyond  the  Mississip 
pi,  and  to  assist  the  navy  in  perfecting  and  sus 
taining  the  blockade  it  became  necessary  to 
extend  these  operations  to  points  on  the  sea- 
coast,  Roanoke  Island,  Savannah,  and  New-Or 
leans.  It  remained  also  to  equip  and  organize 
the  armies  of  the  West,  whose  condition  was  lit 
tle  better  than  that  of  the  army  of  the  Potomac 
had  been.  The  direction  of  the  campaigns  in  the 
West,  and  of  the  operations  upon  the  seaboard, 
enabled  me  to  enter  upon  larger  combinations 
and  to  accomplish  results,  the  necessity  and  ad 
vantage  of  which  had  not  been  unforeseen,  but 
which  had  been  beyond  the  ability  of  the  single 
army  formerly  under  my  command  to  effect. 

The  following  letters,  and  a  subsequent  paper 
addressed  to  the  Secretary  of  War,  sufficiently 
indicate  the  nature  of  those  combinations  to 
minds  accustomed  to  reason  upon  military  oper 
ations  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
WASHINGTON,  September  6,  1861.      J 

SIR  :  I  have  the  honor  to  suggest  the  follow 
ing  proposition,  with  the  request  that  the  neces 
sary  authority  be  at  once  given  me  to  carry  it  out : 
to  organize  a  force  of  two  brigades  of  five  regi 
ments  each,  of  New-England  men,  for  the  gen 
eral  service,  but  particularly  adapted  to  coast 
service — the  officers  and  men  to  be  sufficiently 
conversant  with  boat  service,  to  manage  steamers, 
sailing  vessels,  launches,  barges,  surf-boats,  float- 


DOCUMENTS. 


52T 


ing  batteries,  etc.  To  charter  or  buy  for  the 
command  a  sufficient  number  of  propellers,  or 
tug-boats,  for  transportation  of  men  and  supplies, 
the  machinery  of  which  should  be  amply  pro 
tected  by  timber ;  the  vessels  to  have  permanent 
experienced  officers  from  the  merchant  service, 
but  to  be  manned  by  details  from  the  command. 
A  naval  officer  to  be  attached  to  the  staff  of  the 
commanding  officer.  The  flank  companies  of 
each  regiment  to  be  armed  with  Dahlgren  boat 
guns,  and  carbines  with  water-proof  cartridges ; 
the  other  companies  to  have  such  arms  as  I  may 
hereafter  designate ;  to  be  uniformed  and  equip 
ped  as  the  Rhode  Island  regiments  are.  Launches 
and  floating  batteries  with  timber  parapets  of 
sufficient  capacity  to  land  or  bring  into  action 
the  entire  force. 

The  entire  management  and  organization  of 
the  force  to  be  under  my  control,  and  to  form  an 
integral  part  of  the  army  of  the  Potomac. 

The  immediate  object  of  this  force  is  for  oper 
ations  in  the  inlets  of  Chesapeake  Bay  and  the 
Potomac  ;  by  enabling  me  thus  to  land  troops  at 
points  where  they  are  needed,  this  force  can  also 
be  used  in  conjunction  with  a  naval  force  oper 
ating  against  points  on  the  sea-coast.     This  coast 
division  to  be  commanded  by  a  general  officer  of 
my  selection  ;  the  regiments  to  be  organized  as 
lher  land  forces  ;  the  disbursements  for  vessels, 
;.,  to  be  made  by  the  proper  department  of  the 
ny  upon  the  requisitions  of  the  general  com- 
inding  the  division,  with  my  approval. 

I  think  the  entire  force  can  be  organized  in 
irty  days,  and  by  no  means  the  least  of  the 
vantages  of  this  proposition  is  the  fact  that  it 

II  call  into  the  service  a  class  of  men  who 
>uld  not  otherwise  enter  the  army. 

You  will  immediately  perceive  that  the  object 
this  force  is  to  follow  along  the  coast  and  up 
3  inlets  and  rivers,  the  movements  of  the  main 
ny  when  it  advances. 

I  am,  very  respectfully,  your  obedient  servant, 
GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  SIMON  CAMERON, 

Secretary  of  War. 

Owing  chiefly  to  the  difficulty  in  procuring  the 
requisite  vessels,  and  adapting  them  to  the  special 
purposes  contemplated,  this  expedition  was  not 
ready  for  service  until  January,  1862.  Then  in 
the  chief  command,  I  deemed  it  best  to  send  it  to 
North-Carolina,  with  the  design  indicated  in  the 
following  letter  : 

HEADQUARTERS  OF  THE  ARMY,  WASHINGTON,  ) 
January  7,  1S62.      J 

GENERAL  :  In  accordance  with  verbal  instruc 
tions  heretofore  given  you,  you  will,  after  uniting 
with  Flag-Officer  Goldsborough  at  Fort  Monroe, 
proceed  under  his  convoy  to  Hatteras  Inlet,  where 
you  will,  in  connection  with  him,  take  the  most 
prompt  measures  for  crossing  the  fleet  over  the 
Bulkhead  into  the  waters  of  the  sound.  Under 
the  accompanying  general  order  constituting  the 
department  of  North-Carolina,  you  will  assume 
command  of  the  garrison  at  Hatteras  Inlet,  and 
make  such  dispositions  in  regard  to  that  place  as 


your  ulterior  operations  may  render  necessary, 
always  being  careful  to  provide  for  the  safety  of 
that  very  important  station  in  any  contingency. 

Your  first  point  of  attack  will  be  Roanoke 
Island  and  its  dependencies.  It  is  presumed  that 
the  navy  can  reduce  the  batteries  on  the  marshes, 
and  cover  the  landing  of  your  troops  on  the  main 
island,  by  which,  in  connection  with  a  rapid 
movement  of  the  gunboats  to  the  northern  ex 
tremity,  as  soon  as  the  marsh  battery  is  reduced, 
it  may  be  hoped  to  capture  the  entire  garrison 
of  the  place.  Having  occupied  the  island  and 
its  dependencies,  you  will  at  once  proceed  to  the 
erection  of  the  batteries  and  defences  necessary 
to  hold  the  position  with  a  small  force.  Should 
the  flag-officer  require  any  assistance  in  seizing 
or  holding  the  debouches  of  the  canal  from  Nor 
folk,  you  will  please  afford  it  to  him. 

The  Commodore  and  yourself  having  completed 
your  arrangements  in  regard  to  Roanoke  Island, 
and  the  waters  north  of  it,  you  will  please  at 
once  make  a  descent  on  Newbern,  having  gained 
possession  of  which  and  the  railroad  passing 
through  it,  you  will  at  once  throw  a  sufficient 
force  upon  Beaufort,  and  take  the  steps  necessary 
to  reduce  Fort  Macon  and  open  that  port.  When 
you  seize  Newbern,  you  will  endeavor  to  seize 
the  railroad  as  far  west  as  Goldsborough,  should 
circumstances  favor  such  a  movement.  The 
temper  of  the  people,  the  rebel  force  at  hand, 
etc.,  will  go  far  toward  determining  the  question 
as  to  how  far  west  the  railroad  can  be  safely  oc 
cupied  and  held.  Should  circumstances  render 
it  advisable  to  seize  and  hold  Raleigh,  the  main 
north  and  south  line  of  railroad  passing  through 
Goldsborough  should  be  so  effectually  destroyed 
for  considerable  distances  north  and  south  of 
that  point,  as  to  render  it  impossible  for  the 
rebels  to  use  it  to  your  disadvantage.  A  great 
point  would  be  gained,  in  any  event,  by  the 
effectual  destruction  of  the  Wilmington  and  Wei- 
don  Railroad. 

I  would  advise  great  caution  in  moving  so  far 
into  the  interior  as  upon  Raleigh.  Having  accom 
plished  the  objects  mentioned,  the  next  point  of  in 
terest  would  probably  be  Wilmington,  the  reduc 
tion  of  which  may  require  that  additional  means 
shall  be  afforded  you.  I  would  urge  great  caution 
in  regard  to  proclamations.  In  no  case  WDuld  I 
go  beyond  a  moderate  joint  proclamation  v  ;th  the 
naval  commander,  which  should  say  as  little  as 
possible  about  politics  or  the  negro ;  merely  state 
that  the  true  issue  for  which  we  are  fighting  is 
the  preservation  of  the  Union,  and  upholding 
the  laws  of  the  general  Government,  and  stating 
that  all  who  conduct  themselves  properly  will, 
as  far  as  possible,  be  protected  in  their  persons 
and  property. 

You  will  please  report  your  operations  as  often 
as  an  opportunity  offers  itself. 

With  my  best  wishes  for  your  success,  I  am, 
etc.,  etc.  GEO.  B.  MCCLELLAN, 

Major-General  Commanding  in  Chict 

Brigadier-General  A.  E.  BURNSIDE, 

Commanding  Expedition. 

The  following  letters  of  instruction  were  sent 


528 


REBELLION   RECORD,  1862-65. 


to  Generals  Ilalleck,  Buell,  Sherman,  and  But 
ler  ;  and  I  also  communicated  verbally  to  these 
officers  my  views  in  full  regarding  the  field  of 
operations  assigned  to  each,  and  gave  them  their 
instructions  as  much  in  detail  as  was  necessary 
at  that  time  : 

IlR A I>QC. \RTKRS  OF  TI1E   ARMY,  ( 

WASHINGTON,  D.  C.,  November  11,  1S61.      f 

GENERAL  :  In  assigning  you  to  the  command 
of  the  department  of  Missouri,  it  is  probably 
unnecessary  for  me  to  state  that  I  have  intrusted 
to  you  a  duty  which  requires  the  utmost  tact 
and  decision. 

You  have  not  merely  the  ordinary  duties  of  a 
military  commander  to  perform,  but  the  far  more 
difficult  task  of  reducing  chaos  to  order,  of  chang 
ing  probably  the  majority  of  the  personnel  of  the 
staff  of  the  department,  and  of  reducing  to  a 
point  of  economy,  consistent  with  the  interest 
and  necessities  of  the  State,  a  system  of  reckless 
expenditure  and  fraud,  perhaps  unheard  of  be 
fore  in  the  history  of  the  world. 

You  will  find  in  your  department  many  gene 
ral  and  staff  officers  holding  illegal  commissions 
and  appointments,  not  recognized  or  approved 
by  the  President  or  Secretary  of  War.  You  will 
please  at  once  inform  these  gentlemen  of  the 
nullity  of  their  appointment,  and  see  that  no  pay 
or  allowances  are  issued  to  them  until  such  time 
as  commissions  may  be  authorized  by  the  Presi 
dent  or  Secretary  of  War. 

If  any  of  them  give  the  slightest  trouble,  you 
will  at  once  arrest  them  and  send  them,  under 
guard,  out  of  the  limits  of  your  department,  in 
forming  them,  that  if  they  return  they  will  be 
placed  in  close  confinement.  You  will  please  ex 
amine  into  the  legality  of  the  organization  of  the 
troops  serving  in  the  department.  When  you 
find  any  illegal,  unusual,  or  improper  organiza 
tions,  you  will  give  to  the  officers  and  men  an 
opportunity  to  enter  the  legal  military  establish 
ment  under  general  lawrs  and  orders  from  the 
War  Department  ;  reporting  in  full  to  these 
headquarters  any  officer  or  organization  that  may 
decline. 

You  will  please  cause  competent  and  reliable 
staff-officers  to  examine  all  existing  contracts 
immediately,  and  suspend  all  payments  upon 
them  vmtil  you  receive  the  report  in  each  case. 
Where  there  is  the  slightest  doubt  as  to  the  pro 
priety  of  the  contract,  you  will  be  good  enough 
to  refer  the  matter,  with  full  explanation,  to  these 
headquarters,  stating  in  each  case  what  would 
be  a  fair  compensation  for  the  services  or  mate 
rials  rendered  under  the  contract.  Discontinue 
at  once  the  reception  of  material  or  services  un 
der  any  doubtful  contract.  Arrest  and  bring  to 
prompt  trial  all  officers  who  have  in  any  way 
violated  their  duty  to  the  Government.  In  re 
gard  to  the  political  conduct  of  affairs,  you  will 
please  labor  to  impress  upon  the  inhabitants  of 
Missouri  and  the  adjacent  States  that  we  are 
fighting  solely  for  the  integrity  of  the  Union,  to 
uphold  the  power  of  our  national  Government, 
and  to  restore  to  the  nation  the  blessings  of  peace 
and 


With  respect  to  military  operations,  it  is  pro 
bable,  from  the  best  information  in  my  posses 
sion,  that  the  interests  of  the  Government  will 
be  best  served  by  fortifying  and  holding  in 
considerable  strength  Holla,  Sedalia,  and  ether 
interior  points,  keeping  strong  patrols  constantly 
moving  from  the  terminal  stations,  and  concen 
trating  the  mass  of  the  troops  on  or  near  the 
Mississippi,  prepared  for  such  ulterior  operations 
as  the  public  interests  may  demand. 

I  would  be  glad  to  have  you  make  as  soon  as 
possible  a  personal  inspection  of  all  the  import 
ant  points  in  your  department,  and  report  the 
result  to  me.  I  cannot  too  strongly  impress 
upon  you  the  absolute  necessity  of  keeping  me 
constantly  advised  of  the  strength,  condition, 
and  location  of  your  troops,  together  with  all 
facts  that  will  enable  me  to  maintain  that  gene 
ral  direction  of  the  armies  of  the  United  States 
which  it  is  my  purpose  to  exercise.  I  trust  to 
you  to  maintain  thorough  organization,  disci 
pline,  and  economy  throughout  your  department. 
Please  inform  me  as  soon  as  possible  of  every 
thing  relating  to  the  gunboats  now  in  process  of 
construction,  as  well  as  those  completed. 

The  militia  force  authorized  to  be  raised  by 
the  State  of  Missouri  for  its  defence  will  be  un 
der  your  orders. 

I  am,  General,  etc.,  etc. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding  U.  S.  A. 

Major-General  H.  W.  HALLECK,  U.  S.  A., 

Commanding  Department  of  Missouri. 

HEADQUARTERS  OF  THE  ARMY,  | 
WASHINGTON,  November  7,  18(52.          j 

GENERAL:  In  giving  you  instructions  for  your 
guidance  in  command  of  the  department  of  the 
Ohio,  I  do  not  design  to  fetter  }rou.  I  merely 
wish  to  express  plainly  the  general  ideas  which 
occur  to  me  in  relation  to  the  conduct  of  opera 
tions  there.  That  portion  of  Kentucky  west  of 
the  Cumberland  River  is  by  its  position  :<o  close 
ly  related  to  the  States  of  Illinois  and  Missouri, 
that  it  has  seemed  best  to  attach  it  to  the  depart 
ment  of  Missouri.  Your  operations  there,  in 
Kentucky,  will  be  confined  to  that  portion  of  the 
State  east  of  the  Cumberland  River.  I  trust 
I  need  not  repeat  to  you  that  I  regard  the  im 
portance  of  the  territory  committed  to  your  care 
as  second  only  to  that  occupied  by  the  army 
under  my  immediate  command.  It  is  absolutely 
necessary  that  we  shall  hold  all  the  State  of 
Kentucky  ;  not  only  that,  but  that  the  majority 
of  its  inhabitants  shall  be  warmly  in  favor  of 
our  cause,  it  being  that  which  best  subserves 
their  interests.  It  is  possible  that  the  conduct 
of  our  political  affairs  in  Kentucky  is  more  im 
portant  than  that  of  our  military  operations.  I 
certainly  cannot  overestimate  the  importance  of 
the  former.  You  will  please  constantly  to  bear 
in  mind  the  precise  issue  for  which  we  are  fight 
ing  ;  that  issue  is  the  preservation  of  the  Union 
and  the  restoration  of  the  full  authority  of  the 
general  Government  over  all  portions  of  our  ter 
ritory.  We  shall  most  readily  suppress  this  re 
bellion  and  restore  the  authority  of  the  Govern- 


DOCUMENTS. 


529 


ment  by  religiously  respecting  the  constitutional 
rights  of  all.  I  know  that  I  express  the  feelings 
and  opinion  of  the  President  when  I  say  that  we 
are  fighting  only  to  preserve  the  integrity  of  the 
Union  and  the  constitutional  authority  of  the 
general  Government. 

The  inhabitants  of  Kentucky  may  rely  upon 
it  that  their  domestic  institutions  will  in  no  man 
ner  be  interferred  with,  and  that  they  will  receive 
at  our  hands  every  constitutional  protection.  I 
have  only  to  repeat  that  you  will  in  all  respects 
carefully  regard  the  local  institutions  of  the  region 
in  which  you  command,  allowing  nothing  but  the 
dictates  of  military  necessity  to  cause  you  to  de 
part  from  the  spirit  of  these  instructions. 

So  much  in  regard  to  political  considerations. 
The  military  problem  would  be  a  simple  one 
could  it  be  entirely  separated  from  political  in 
fluences  ;  such  is  not  the  case.  Were  the  popu 
lation  among  which  you  are  to  operate  wholly  or 
generally  hostile,  it  is  probable  that  Nashville 
should  be  your  first  and  principal  objective  point. 
It  so  happens  that  a  large  majority  of  the  inhab 
itants  of  Eastern  Tennessee  are  in  favor  of  the 
Union ;  it  therefore  seems  proper  that  you 
should  remain  on  the  defensive  on  the  line 
from  Louisville  to  Nashville,  while  you  throw 
the  mass  of  your  forces,  by  rapid  marches,  by 
Cumberland  Gap  or  Walker's  Gap,  on  Knoxville, 
in  order  to  occupy  the  railroad  at  that  point,  and 
thus  enable  the  loyal  citizens  of  Eastern  Tennes 
see  to  rise,  while  you  at  the  same  time  cut  off  the 
railway  communication  between  Eastern  Virginia 
and  the  Mississippi.  It  will  be  prudent  to  fortify 
the  pass  before  leaving  it  in  your  rear. 

Brigadier-General  D.  C.  BUELL. 

HEADQUARTERS  OF  THE  ARMY,  ) 
WASHINGTON,  November  12,  1862.      f 

GENERAL  :  Upon  assuming  command  of  the 
department,  I  will  be  glad  to  have  you  make  as 
soon  as  possible  a  careful  report  of  the  condition 
and  situation  of  your  troops,  and  of  the  military 
and  political  condition  of  your  command.  The 
main  point  to  which  I  desire  to  call  your  atten 
tion  is  the  necessity  of  entering  Eastern  Tennessee 
as  soon  as  it  can  be  done  with  reasonable  chances 
of  success,  and  I  hope  that  you  will,  with  the 
least  possible  delay,  organize  a  column  for  that 
purpose,  sufficiently  guarding  ttt  the  same  time 
the  main  avenues  by  which  the  rebels  may  invade 
Kentucky.  Our  conversations  oil  the  subject  of 
military  operations  have  been  so  full,  and  my 
confidence  in  your  judgment  is  so  great,  that  I 
will  not  dwell  further  upon  the  subject,  except  to 
urge  upon  you  the  necessity  of  keeping  me  fully 
informed  as  to  the  state  of  affairs,  both  military 
and  political,  and  your  movements.  In  regard  to 
political  matters,  bear  in  mind  that  we  aie  fight 
ing  only  to  preserve  the  integrity  of  the  Union 
and  to  uphold  the  power  of  the  General  Govern- 
meut ;  as  far  as  military  necessity  will  permit, 
religiously  respect  the  constitutional  rights  of  all. 
Preserve  the  strictest  discipline  among  the  troops, 
and  while  employing  the  utmost  energy  in  mili 
tary  movements,*  be  careful  so  to  treat  the  un 


armed  inhabitants  as  to  contract,  not  widen,  the 
breach  existing  between  us  and  the  rebels. 

I  mean  by  this  that  it  is  the  desire  of  the 
Government  to  avoid  unnecessary  irritation  by 
causeless  arrests  and  persecution  of  individuals. 
Where  there  is  good  reason  to  believe  that  per 
sons  are  actually  giving  aid,  comfort,  or  informa 
tion  to  the  enemy,  it  is  of  course  necessary  to 
arrest  them  ;  but  I  have  always*  found  that  it  is 
the  tendency  of  subordinates  to  make  vexatious 
arrests  on  mere  suspicion.  You  will  find  it  well 
to  direct  that  no  arrest  shall  be  made  except  by 
your  order  or  that  of  your  generals,  unless  in  ex 
traordinary  cases,  always  holding  the  party  mak 
ing  the  arrest  responsible  for  the  propriety  of  his 
course.  It  should  be  our  constant  aim  to  make  it 
apparent  to  all  that  their  property,  their  comfort, 
and  their  personal  safety  will  be  beet  preserved  by 
adhering  to  the  cause  of  the  Union. 

If  the  military  suggestion,  I  have  made  in  this 
letter  prove  to  have  been  founded  on  erroneous 
data,  you  are  of  course  perfectly  free  to  chango 
the  plans  of  operations. 

Brigadier-General  D.  C.  BUELL, 

Commanding  Department  of  the  Ohio. 

HEADQUARTERS  OF  THR  ARMY,  I 

WASHINGTON,  February  14, 1862.      ) 

GENERAL  :  Your  despatches  in  regard  to  the 
occupation  of  Dafuskie  Island,  etc.,  were  received 
to-day.  I  saw  also  to-day,  for  the  first  time,  your 
requisition  for  a  siege-train  for  Savannah. 

After  giving  the  subject  all  the  consideration 
in  my  power,  I  am  forced  to  the  conclusion  that, 
under  present  circumstances,  the  siege  and  cap 
ture  of  Savannah  do  not  promise  results  com 
mensurate  with  the  sacrifices  necessary.  When 
I  learned  that  it  was  possible  for  the  gunboats 
to  reach  the  Savannah  River,  above  Fort  Pulaski, 
two  operations  suggested  themselves  to  my  mind 
as  its  immediate  results. 

First.  The  capture  of  Savannah  by  a  "  coup 
de  main1'1 — the  result  of  an  instantaneous  advance 
and  attack  by  the  army  and  navy. 

The  time  for  this  has  passed,  and  your  letter 
indicates  that  you  are  not  accountable  for  the 
failure  to  seize  the  propitious  moment,  but  that, 
on  the  contrary,  you  perceived  its  advantages. 

Second.  To  isolate  Fort  Pulaski,  cut  off  its 
supplies,  and  at  least  facilitate  its  reduction  by  a 
bombardment. 

Although  we  have  a  long  delay  to  deplore, 
the  second  course  still  remains  open  to  us ;  and 
I  strongly  advise  the  close  blockade  of  Pulaski, 
and  its  bombardment  as  soon  as  the  thirteen-inch 
mortars  and  heavy  guns  reach  you.  I  am  confi 
dent  you  can  thus  reduce  it.  With  Pulaski,  you 
gain  all  that  is  really  essential ;  you  obtain  com 
plete  control  of  the  harbor ;  you  relieve  the  block 
ading  fleet,  and  render  the  main  body  of  your 
force  disposable  for  other  operations. 

I  do  not  consider  the  possession  of  Savannah 
worth  a  siege  after  Pulaski  is  in  our  hands.  But 
the  possession  of  Pulaski  is  of  the  first  import 
ance.  The  expedition  to  Fernandina  is  wl-1,  and 
I  shall  be  glad  to  learn  that  it  is  ours. 


630 


REBELLION  RECORD,  1862-63. 


But,  after  all,  the  greatest  moral  effect  would 
be  produced  by  the  reduction  of  Charleston  and 
its  defences.  There  the  rebellion  had  its  birth ; 
there  the  unnatural  hatred  of  our  Government  is 
most  intense ;  there  is  the  centre  of  the  boasted 
power  and  courage  of  the  rebels. 

To  gain  Fort  Sumter  and  hold  Charleston  is 
a  task  well  worthy  of  our  greatest  efforts,  and 
considerable  sacrifices.  That  is  the  problem  I 
would  be  glad  to  have  you  study.  Some  time 
must  elapse  before  we  can  be  in  all  respects  ready 
to  accomplish  that  purpose.  Fleets  are  en  route 
and  armies  in  motion  which  have  certain  prelim 
inary  objects  to  accomplish,  before  we  are  ready 
to  take  Charleston  in  hand.  But  the  time  will 
before  long  arrive  when  I  shall  be  prepared  to 
make  that  movement.  In  the  mean  time,  it  is  my 
advice  and  wish  that  no  attempt  be  made  upon 
Savannah,  unless  it  can  be  carried  with  certainty 
by  a  "  coup  de  main." 

Please  concentrate  your  attention  and  forces 
upon  Pulaski  and  Fernandina.  St.  Augustine 
might  as  well  be  taken  by  way  of  an  interlude, 
while  awaiting  the  preparations  for  Charleston. 
Success  attends  us  everywhere  at  present. 
Very  truly,  yours, 

GEO.  B.   McCLELLAN, 

Major-General  Commanding  United  States  Army. 

Brigadier-General  T.  W.  SHERMAN, 

Commanding  at  Port  Royal,  etc. 

HEADQUARTERS  or  THE  ARMY,  ) 

WASHINGTON,  February  23,  1862.  f 

GENERAL  :  You  are  assigned  to  the  command 
of  the  land  forces  destined  to  cooperate  with  the 
navy  in  the  attacks  upon  New-Orleans.  You  will 
use  every  means  to  keep  your  destination  a  pro 
found  secret,  even  from  your  staff-officers,  with 
the  exception  of  your  chief  of  staff,  and  Lieuten 
ant  Weitzel,  of  the  engineers.  The  force  at  your 
disposal  will  consist  of  the  first  thirteen  regiments 
named  in  your  memorandum  handed  to  me  in 
person,  the  Twenty-first  Indiana,  Fourth  Wiscon 
sin,  and  Sixth  Michigan,  (old  and  good  regiments 
from  Baltimore.) 

The  Twenty-first  Indiana,  Fourth  Wisconsin, 
and  Sixth  Michigan  will  await  your  orders  at  Fort 
Monroe. 

Two  companies  of  the  Twenty-first  Indiana 
are  well  drilled  as  heavy  artillery.  The  cavalry 
force  already  en  route  for  Ship  Island  will  be  suf 
ficient  for  your  purposes. 

After  full  consultation  with  officers  well  ac 
quainted  with  the  country  in  which  it  is  proposed 
to  operate,  I  have  arrived  at  the  conclusion  that 
two  (2)  light  batteries  fully  equipped,  and  one  (1) 
without  horses,  will  be  all  that  are  necessary. 

This  will  make  your  force  about  fourteen  thou 
sand  four  hundred  infantry,  two  hundred  and 
seventy-five  cavalry,  five  hundred  and  eighty  ar 
tillery  ;  total,  fifteen  thousand  two  hundred  and 
fifty-five  men.  The  Commanding  General  of  the 
department  of  Key  "West  is  authorized  to  loan 
you,  temporarily,  two  regiments ;  Fort  Pickens 
can,  probably,  give  you  another,  which  will  bring 
your  force  to  nearly  eighteen  thousand. 

The  object  of  your  expedition  is  one  of  vital 


I 


importance — the  capture  of  New-Orleans.  The 
route  selected  is  up  the  Mississippi  River,  and  the 
first  obstacle  to  be  encountered  (perhaps  the  only 
one)  is  in  the  resistance  offered  by  Forts  St.  Philip 
and  Jackson.  It  is  expected  that  the  navy  can 
reduce  these  works  ;  in  that  case  you  will,  after 
their  capture,  leave  a  sufficient  garrison  in  them 
to  render  them  perfectly  secure  ;  and  it  is  recom 
mended  that,  on  the  upward  passage,  a  few  heavy 
guns  and  some  troops  be  left  at  the  pilot  station  (at 
the  forks  of  the  river)  to  cover  a  retreat  in  the 
event  of  a  disaster.  These  troops  and  guns  will, 
of  course,  be  removed  as  soon  as  the  Forts  are 
captured. 

Should  the  navy  fail  to  reduce  the  works, 
you  will  land  your  forces  and  siege-train,  and  en 
deavor  to  breach  their  works,  silence  their  fire, 
and  carry  them  by  assault. 

The  next  resistance  will  be  near  the  English 
Bend,  where  there  are  some  earthern  batteries. 
Here  it  may  be  necessary  for  you  to  land  your 
troops  and  cooperate  with  the  naval  attack,  al 
though  it  is  more  than  probable  that  the  navy, 
unassisted,  can  accomplish  the  result.  If  these 
works  are  taken,  the  city  of  New-Orleans  neces 
sarily  falls.  In  that  event,  it  will  probably  be 
best  to  occupy  Algiers  with  the  mass  of  your 
troops,  also  the  eastern  bank  of  the  river  above 
the  city.  It  may  be  necessary  to  place  some 
troops  in  the  city  to  preserve  order ;  but  if  there 
appears  to  be  sufficient  Union  sentiment  to  con 
trol  the  city,  it  may  be  best  for  purposes  of  dis 
cipline  to  keep  your  men  out  of  the  city. 

After  obtaining  possession  of  New-Orleans,  it 
will  be  necessary  to  reduce  all  the  works  guarding 
its  approaches  from  the  east,  and  particularly  to 
gain  the  Manchac  Pass. 

Baton  Rouge,  Berwick  Bay,  and  Fort  L  ving- 
ston  will  next  claim  your  attention. 

A  feint  on  Galveston  may  facilitate  the  objects 
we  have  in  view.  I  need  not  call  your  attention 
to  the  necessity  of  gaining  possession  of  all  the 
rolling  stock  you  can  on  the  different  railways, 
and  of  obtaining  control  of  the  roads  themselves. 
The  occupation  of  Baton  Rouge  by  a  combined  na 
val  and  land  force  should  be  accomplished  as  soon 
as  possible  after  you  have  gained  New-Orleans. 
Then  endeavor  to  open  your  communication  with 
the  northern  column  by  the  Mississippi,  always 
bearing  in  mind  the  necessity  of  occupying  Jack 
son,  Mississippi,  as  soon  as  you  can  safely  do  so, 
either  after  or  before  you  have  effected  the  junc 
tion.  Allow  nothing  to  divert  you  from  obtaining 
full  possession  of  all  the  approaches  to  New-Or 
leans.  When  that  object  is  accomplished  to  its 
fullest  extent,  it  will  be  necessary  to  make  a  com 
bined  attack  on  Mobile,  in  order  to  gain  posses 
sion  of  the  harbor  and  works,  as  well  as  to  control 
the  railway  terminus  at  the  city.  In  regard  to 
this,  I  will  send  more  detailed  instructions  as  the 
operations  of  the  northern  column  develop  them 
selves. 

I  may  briefly  state  that  the  general  objects  of 
of  the  expedition  are,  first,  the  reduction  of  New- 
Orleans  and  all  its  approaches ;  then  Mobile  and 
its  defences ;  then  Pensacola,  Galveston,  etc.  It 


DOCUMENTS. 


531 


Is  probable  that  by  the  time  New-Orleans  is  re 
duced,  it  will  be  in  the  power  of  the  Government 
to  reenforce  the  land  forces  sufficiently  to  accom 
plish  all  these  objects.  In  the  mean  time  you 
will  please  give  all  the  assistance  in  your  power 
to  the  army  and  navy  commanders  in  your  vicin 
ity,  ncTer  losing  sight  of  the  fact  that  the  great 
object  to  be  achieved  is  the  capture  and  firm  re 
tention  of  New-Orleans. 

I  am,  etc.,  GEO.  B.  MCCLELLAN, 

Major-General  Commanding  United  States  Army. 

Major-General  B.  F.  BUTLER, 

United  States  Volunteers. 

The  plan  indicated  in  the  above  letters  compre 
hended  in  its  scope  the  operations  of  all  the  ar 
mies  of  the  Union,  the  army  of  the  Potomac  as 
well.  It  was  my  intention,  for  reasons  easy  to  be 
seen,  that  its  various  parts  should  be  carried  out 
simultaneously,  or  nearly  so,  and  in  cooperation 
along  the  whole  line.  If  this  plan  was  wise,  and 
events  have  failed  to  prove  that  it  was  not,  then 
it  is  unnecessary  to  defend  any  delay  which  would 
have  enabled  the  army  of  the  Potomac  to  perform 
its  share  in  the  execution  of  the  whole  work. 

But  about  the  middle  of  January,  1862,  upon 
recovering  from  a  severe  illness,  I  found  that  ex 
cessive  anxiety  for  an  immediate  movement  of  the 
army  of  the  Potomac  had  taken  possession  of  the 
minds  of  the  Administration. 

A  change  had  just  been  made  in  the  War  De 
partment,  and  I  was  soon  urged  by  the  new  Sec 
retary,  Mr.  Stanton,  to  take  immediate  steps  to 
secure  the  reopening  of  the  Baltimore  and  Ohio 
Railroad,  and  to  free  the  banks  of  the  Lower  Po 
tomac  from  the  rebel  batteries  which  annoyed 
passing  vessels. 

Very  soon  after  his  entrance  upon  office,  I  laid 
before  him  verbally  my  design  as  to  the  part  of 
the  plan  of  campaign  to  be  executed  by  the  army 
of  the  Potomac,  which  was  to  attack  Richmond 
by  the  Lower  Chesapeake.  He  instructed  me  to 
develop  it  to  the  President,  which  I  did.  The 
result  was,  that  the  President  disapproved  it,  and 
by  an  order  of  January  thirty-first,  1862,  substi 
tuted  one  of  his  own.  On  the  twenty-seventh  of 
January,  1862,  the  following  order  was  issued 
without  consultation  with  me : 

[President's  General  War  Order  No.  1.] 

EXECUTIVE  MANSION,      ) 
WASHINGTON,  January  27,  1862.  f 

Ordered,  That  the  twenty-second  day  of  Feb 
ruary,  1862,  be  the  day  for  a  general  movement 
of  the  land  and  naval  forces  of  the  United  States 
against  the  insurgent  forces.  That  especially  the 
army  at  and  about  Fortress  Monroe,  the  army  of 
the  Potomac,  the  army  of  Western  Virginia,  the 
army  near  Munfordsville,  Kentucky,  the  army  and 
flotilla  at  Cairo,  and  a  naval  force  in  the  Gulf  of 
Mexico,  be  ready  to  move  on  that  day. 

That  all  other  forces,  both  land  and  naval, 
with  their  respective  commanders,  obey  existing 
orders  for  the  time,  and  be  ready  to  obey  addi 
tional  orders  when  duly  given. 

That  the  heads  of  departments,  and  especially 
the  Secretaries  of  War  and  of  the  Navy,  with  all  i 


their  subordinates,  and  the  General-in-Chief,  with 
all  other  commanders  and  subordinates  of  land 
and  naval  forces,  will  severally  be  held  to  their 
strict  and  full  responsibilities  for  prompt  execu 
tion  of  this  order. 

ABRAHAM  LINCOLN. 

The  order  of  January  thirty-first,  1862,  was  as 
follows : 

[President's  Special  War  Order  No.  1.] 

EXECUTIVE  MANSION,         } 
WASHINGTON,  Janu.'iry  31,  1362.  f 

Ordered,  That  all  the  disposable  force  of  the 
army  of  the  Potomac,  after  providing  safely  for 
the  defence  of  Washington,  be  formed  into  an 
expedition  for  the  immediate  object  of  seizing 
and  occupying  a  point  upon  the  railroad  south- 
westward  of  what  is  known  as  Manassas  June 
tion,  all  details  to  be  in  the  discretion  of  the 
Commander-in-Chief,  and  the  expedition  to  move 
before  or  on  the  twenty -second  day  of  February 
next.  ABRAHAM  LINCOLN. 

I  asked  His  Excellency  whether  this  order  was 
to  be  regarded  as  final,  or  whether  I  could  be 
permitted  to  submit  in  writing  my  objections  to 
his  plan,  and  my  reasons  for  preferring  my  own. 
Permission  was  accorded,  and  I  therefore  pre 
pared  the  letter  to  the  Secretary  of  War,  which 
is  given  below. 

Before  this  had  been  submitted  to  the  Presi 
dent,  he  addressed  me  the  following  note : 

EXECUTIVE  MANSION,         ) 
WASHINGTON,  February  3, 1802.  j 

MY  DEAR  SIR  :  You  and  I  have  distinct  and 
different  plans  for  a  movement  of  the  army  of 
the  Potomac ;  yours  to  be  done  by  the  Chesa 
peake,  up  the  Rappahannock  to  Urbana,  and 
across  land  to  the  terminus  of  the  railroad  on  the 
York  River;  mine  to  move  directly  to  a  point 
on  the  railroad  south-west  of  Manassas. 

If  you  will  give  satisfactory  answers  to  the 
following  questions,  I  shall  gladly  yield  my  plan 
to  yours : 

1st.  Does  not  your  plan  involve  a  greatly 
larger  expenditure  of  time  and  money  than  mine? 

2d.  Wherein  is  a  victory  more  certain  by  your 
plan  than  mine  ? 

3d.  Wherein  is  a  victory  more  valuable  by 
your  plan  than  mine  ? 

4th.  In  fact,  would  it  not  be  less  valuable  in 
this ;  that  it  would  break  no  great  line  of  the 
enemy's  communications,  while  mine  would  ? 

5th.  In  case  of  disaster,  would  not  a  retreat 
be  more  difficult  by  your  plan  than  mine  ? 

Yours,  truly,         ABRAHAM  LINCOLN. 

Major-Gen eral  MCCLELLAN. 

These  questions  were  substantially  answered 
by  the  following  letter  of  the  same  date  to  the 
Secretary  of  War : 

HEADQUARTERS  OF  THE  ARMY, 

WASHINGTON,  February  8,  1862  f 

SIR:  I  ask  your  indulgence  for  the  following 
papers  rendered  necessary  by  circumstances. 
I  assumed  command  of  the  troops  in  the  viciu« 


532 


REBELLION   RECORD,  1862-63. 


ity  of  Washington  on  Saturday,  July  twenty- 
geventh,  18G1,  six  days  after  the  battle  of  Bull 
Run. 

I  found  no  army  to  command ;  a  mere  collec 
tion  of  regiments  cowering  on  the  banks  of  the 
Potomac,  some  perfectly  raw,  others  dispirited 
by  the  rernt  defeat. 

Nothing  of  any  consequence  had  been  done  to 
secure  the  southern  approaches  to  the  capital 
by  means  of  defensive  works ;  nothing  whatever 
had  been  undertaken  to  defend  the  avenues  to 
the  city  on  the  northern  side  of  the  Potomac. 

The  troops  were  not  only  undisciplined,  un- 
drilled,  and  dispirited ;  they  were  not  even  placed 
in  military  positions.  The  city  was  almost  in  a 
condition  to  have  been  taken  by  a  dash  of  a  regi 
ment  of  cavalry. 

Without  one  day's  delay  I  undertook  the  diffi 
cult  task  assigned  to  me ;  that  task  the  honora 
ble  Secretary  knows  was  give-n  to  rne  without 
solicitation  or  foreknowledge.  How  far  I  have 
accomplished  it  will  best  be  shown  by  the  past 
and  the  present. 

The  capital  is  secure  against  attack,  the  exten 
sive  fortifications  erected  by  the  labor  of  our 
troops  enable  a  small  garrison  to  hold  it  against 
a  numerous  army,  the  enemy  have  been  held  in 
check,  the  State  of  Maryland  is  securely  in  our 
possession,  the  detached  counties  of  Virginia  are 
again  within  the  pale  of  our  laws,  and  all  appre 
hension  of  trouble  in  Delaware  is  at  an  end ; 
the  enemy  are  confined  to  the  positions  they  oc 
cupied  before  the  disaster  of  the  twenty-first 
July.  More  than  all  this,  I  have  now  under  my 
command  a  well-drilled  and  reliable  army,  to 
which  the  destinies  of  the  country  may  be  con 
fidently  committed.  This  army  is  young  and 
untried  in  battle  ;  but  it  is  animated  by  the  high 
est  spirit,  and  is  capable  of  great  deeds, 

That  so  much  has  been  accomplished  and  such 
an  army  created  in  so  short  a  time,  from  nothing, 
will  hereafter  be  regarded  as  one  of  the  highest 
glories  of  the  administration  and  the  nation. 

Many  weeks,  I  may  say  many  months  ago, 
this  army  of  the  Potomac  was  fully  in  condition 
to  repel  any  attack ;  but  there  is  a  vast  differ 
ence  between  that  and  the  efficiency  required  to 
enable  troops  to  attack  successfully  an  army 
elated  by  victory  and  intrenched  in  a  position 
long  since  selected,  studied,  and  fortified. 

In  the  earliest  papers  I  submitted  to  the  Pres 
ident,  I  asked  for  an  effective  and  movable  force 
far  exceeding  the  aggregate  now  on  the  banks  of 
the  Potomac.  I  have  not  the  force  I  asked  for. 

Even  when  in  a  subordinate  position,  I  always 
looked  beyond  the  operations  of  the  army  of  the 
Potomac ;  I  was  never  satisfied  in  my  own  mind 
with  a  barren  victory,  but  looked  to  combined 
and  decisive  operations. 

When  I  was  placed  in  command  of  the  armies 
of  the  United  States,  I  immediately  turned  my 
attention  to  the  whole  field  of  operations,  regard 
ing  the  army  of  the  Potomac  as  only  one,  while 
the  most  important,  of  the  masses  under  my  com 
mand. 

I  confer  that  I  did  not  then  appreciate  the 


total  absence  of  a  general  plan  which  had  befor 
existed,  nor  did  I  know  that  utter  disorganization 
and  want  of  preparation  pervaded  the  Western 
armies. 

I  took  it  for  granted  that  they  were  nearly,  if 
not  quite,  in  condition  to  move  toward  the  ful 
filment  of  my  plans.  I  acknowledge  that  I  made 
a  great  mistake. 

I  sent  at  once — with  the  approval  of  the  Execu 
tive — officers  I  considered  competent  to  command 
in  Kentucky  and  Missouri.  Their  instructions 
looked  to  prompt  movements.  I  soon  found  that 
the  labor  of  creation  and  organization  had  to  be 
performed  there;  transportation — arms  —  cloth 
ing—artillery —  discipline,  all  were  wanting. 
These  things  required  time  to  procure  them. 

The  generals  in  command  have  done  their 
work  most  creditably,  but  we  are  still  delayed. 
I  had  hoped  that  a  general  advance  could  be 
made  during  the  good  weather  of  December ;  I 
was  mistaken. 

My  wish  was  to  gain  possession  of  the  Eastern 
Tennessee  Railroad,  as  a  preliminary  movement, 
then  to  follow  it  up  immediately  by  an  attack  on 
Nashville  and  Richmond,  as  nearly  at  the  same 
time  as  possible. 

I  have  ever  regarded  our  true  policy  as  being 
that  of  fully  preparing  ourselves,  and  then  seek 
ing  for  the  most  decisive  results.  I  do  not  wish 
to  waste  life  in  useless  battles,  but  prefer  to  strike 
at  the  heart. 

Two  bases  of  operations  seem  to  present  them 
selves  for  the  advance  of  the  army  of  the  Poto 
mac  : 

1st.  That  of  Washington — its  present  posi 
tion — involving  a  direct  attack  upon  the  intrench 
ed  positions  of  the  enemy  at  Centreville,  Mauas- 
sas,  etc.,  or  else  a  movement  to  turn  one  or  both 
flanks  of  those  positions,  or  a  combination  of  the 
two  plans. 

The  relative  force  of  the  two  armies  will  not 
justify  an  attack  on  both  flanks ;  an  attack  on 
his  left  flank  alone  involves  a  long  line  of  wagon 
communication,  and  cannot  prevent  him  from 
collecting  for  the  decisive  battle  all  the  detach 
ments  now  on  his  extreme  right  and  left. 

Should  we  attack  his  right  flank  by  the  line 
of  the  Occoquan,  and  a  crossing  of  the  Potomac 
below  that  river,  and  near  his  batteries,  we  could 
perhaps  prevent  the  junction  of  the  enemy's  right 
with  his  centre,  (we  might  destroy  the  former ;) 
we  would  remove  the  obstructions  to  the  naviga 
tion  of  the  Potomac,  reduce  the  length  of  wagon 
transportation  by  establishing  new  depots  at  tho 
nearest  points  of  the  Potomac,  and  strike  more 
directly  his  main  railway  communication. 

The  fords  of  the  Occoquan  below  the  mouth 
of  the  Bull  Run  are  watched  by  the  rebels ;  bat 
teries  are  said  to  be  placed  on  the  heights  in  the 
rear,  (concealed  by  the  woods,)  and  the  arrange 
ment  of  his  troops  is  such  that  he  can  oppose 
some  considerable  resistance  to  a  passage  of  that 
stream.  Information  has  just  been  received,  to 
the  effect  that  the  enemy  are  intrenching  a  line 
of  heights  extending  from  the  vicinity  of  Sang- 
ster's  (Union  Mills)  toward  Evansuort.  Early  in 


DOCUMENTS. 


533 


January,  Sprigg's  Ford  was  occupied  by  General 
Rhodes,  with  three  thousand  six  hundred  men 
and  eight  (8)  guns ;  there  are  strong  reasons  for 
believing  that  Davis' s  Ford  is  occupied.  These 
circumstances  indicate  or  prove  that  the  enemy 
anticipates  the  movement  in  question,  and  is  pre 
pared  to  resist  it.  Assuming  for  the  present  that 
this  operation  is  determined  upon,  it  may  be  well 
to  examine  briefly  its  probable  progress.  In  the 
present  state  of  affairs,  one  column  (for  the  move 
ment  of  so  large  a  force  must  be  made  in  several 
columns,  at  least  five  or  six)  can  reach  the  Acca- 
tinck  without  danger ;  during  the  march  thence 
to  Occoquan,  our  right  flank  becomes  exposed  to 
an  attack  from  Fairfax  Station,  Sangster's,  and 
Union  Mills.  This  danger  must  be  met  by  occu 
pying  in  some  force  either  the  two  first-named 
places,  or  better,  the  point  of  junction  of  the  roads 
leading  thence  to  the  village  of  Occoquan ;  this 
occupation  must  be  continued  so  long  as  we  con 
tinue  to  draw  supplies  by  the  roads  from  this  city, 
or  until  a  battle  is  won. 

The  crossing  of  the  Occoquan  should  be  made 
at  all  the  fords  from  Wolf's  Run  to  the  mouth  ; 
the  points  of  crossing  not  being  necessarily  con- 
.fined  to  the  fords  themselves.  Should  the  enemy 
occupy  this  line  in  force,  we  must,  with  what  as 
sistance  the  flotilla  can  afford,  endeavor  to  force 
the  passage  near  the  mouth,  thus  forcing  the  en 
emy  to  abandon  the  whole  line,  or  be  taken  in 
flank  himself. 

Having  gained  the  line  of  the  Occoquan,  it 
would  be  necessary  to  throw  a  column  by  the 
shortest  route  to  Dumfries ;  partly  to  force  the 
enemy  to  abandon  his  batteries  on  the  Potomac ; 
partly  to  cover  our  left  flank  against  an  attack  from 
the  direction  of  Acquia ;  and  lastly,  to  establish 
our  communications  with  the  river  by  the  best 
roads,  and  thus  give  us  new  depots.  The  enemy 
would  by  this  time  have  occupied  the  line  of  the 
Occoquan  above  Bull  Run,  holding  Brentsville  in 
force,  and  perhaps  extending  his  lines  somewhat 
further  to  the  south-west. 

Our  next  step  would  then  be  to  prevent  the 
enemy  from  crossing  the  Occoquan  between  Bull 
Run  and  Broad  Run,  to  fall  upon  our  right  flank 
while  moving  on  Brentsville.  This  might  be  ef 
fected  by  occupying  Bacon  Race  Church  and  the 
cross-roads  near  the  mouth  of  Bull  Run,  or  still 
more  effectually  by  moving  to  the  fords  them 
selves,  and  preventing  him  from  debouching  on 
our  side. 

These  operations  would  possibly  be  resisted, 
and  it  would  require  some  time  to  effect  them,  as, 
nearly  at  the  same  time  as  possible,  we  should 
gain  the  fords  necessary  to  our  purposes  above 
Broad  Run.  Having  secured  our  right  flank,  it 
would  become  necessary  to  carry  Brentsville  at 
any  cost,  for  we  could  not  leave  it  between  the 
right  flank  and  the  main  body.  The  final  move 
ment  on  the  railroad  must  be  determined  by  cir 
cumstances  existing  at  the  time. 

This  brief  sketch  brings  out  in  bold  relief  the 
great  advantage  possessed  by  the  enemy  in  the 
strong  central  position   he  occupies,  with  roads  ( 
diverging  in  every  direction,  and  a  strong  line  of  I 


defence  enabling  him  to  remain  on  the  defensive, 
with  a  small  force  on  one  flank,  while  he  concen 
trates  every  thing  on  the  other  for  a  decisive 
action. 

Should  we  place  a  portion  of  our  force  in  front 
of  Centreville,  while  the  rest  crosses  the  Occo 
quan,  we  commit  the  error  of  dividing  our  army 
by  a  very  difficult  obstacle,  and  by  a  distance  too 
great  to  enable  the  two  parts  to  support  each 
other,  should  either  be  attacked  by  the  masses 
of  the  enemy,  while  the  other  is  held  in  check. 

I  should  perhaps  have  dwelt  more  decidedly  on 
the  fact  that  the  force  left  near  Sangster's  must 
be  allowed  to  remain  somewhere  on  that  side  of 
the  Occoquan  until  the  decisive  battle  is  over,  so 
as  to  cover  our  retreat  in  the  event  of  disaster, 
unless  it  should  be  decided  to  select  and  intrench 
a  new  base  somewhere  near  Dumfries,  a  proceed 
ing  involving  much  time. 

After  the  passage  of  the  Occoquan  by  the  main 
army,  this  covering  force  could  be  drawn  into  a 
more  central  and  less  exposed  position — say  Brim 
stone  Hill  or  nearer  the  Occoquan.  In  this  lati 
tude  the  weather  will  for  a  considerable  period  be 
very  uncertain,  and  a  movement  commenced  in 
force  on  roads  in  tolerably  firm  condition  will  be 
liable,  almost  certain,  to  be  much  delayed  by 
rains  and  snow.  It  will,  therefore,  be  next  to  im 
possible  to  surprise  the  enemy,  or  take  him  at  a 
disadvantage  by  rapid  manoeuvres.  Our  slow 
progress  will  enable  him  to  divine  our  purposes, 
and  take  his  measures  accordingly.  The  proba 
bility  is,  from  the  best  information  we  possess, 
that  the  enemy  has  improved  the  roads  leading 
to  his  lines  of  defence,  while  we  have  to  \v  ork  as 
we  advance. 

Bearing  in  mind  what  has  been  said,  and  the 
present  unprecedented  and  impassable  condition 
of  the  roads,  it  will  be  evident  that  no  precise  pe 
riod  can  be  fixed  upon  for  the  movement  on  this 
line.  Nor  can  its  duration  be  closely  calculated  ; . 
it  seems  certain  that  many  weeks  may  elapse  be 
fore  it  is  possible  to  commence  the  march.  As 
suming  the  success  of  this  operation,  and  the 
defeat  of  the  enemy  as  certain,  the  question  at 
once  arises  as  to  the  importance  of  the  results 
gained.  I  think  these  results  would  be  confined 
to  the  possession  of  the  field  of  battle,  the  evacu 
ation  of  the  line  of  the  Upper  Potomac  by  the 
enemy,  and  the  moral  effect  of  the  victory ;  im 
portant  results,  it  is  true,  but  not  decisive  of  the 
war,  nor  securing  the  destruction  of  the  enemy's 
main  army,  for  he  could  fall  back  upon  other  po 
sitions,  and  fight  us  again  and  again,  should  the 
condition  of  his  troops  permit.  If  he  is  in  no  con 
dition  to  fight  us  again  out  of  the  range  of  the  in- 
trenchments  at  Richmond,  we  would  find  it  a 
very  difficult  and  tedious  matter  to  follow  him  up 
there,  for  he  would  destroy  his  railroad  bridges 
and  otherwise  impede  our  progress  through  a  re 
gion  where  the  roads  are  as  bad  as  they  well  can 
be,  and  we  would  probably  find  ourselves  forced  at 
last  to  change  the  whole  theatre  of  war,  or  to  seek 
a  shorter  land  route  to  Richmond,  with  a  smaller 
available  force,  and  at  an  expenditure  of  much 
more  time,  than  were  we  to  adopt  the  short  line 


534 


REBELLION  RECORD,  1862-63. 


at  once.  We  would  also  have  forced  the  enemy 
to  concentrate  his  forces  and  perfect  his  defensive 
measures  at  the  very  points  where  it  is  desirable 
to  strike  him  when  least  prepared. 

II.  The  second  base  of  operations  available  for 
the  army  of  the  Potomac  is  that  of  the  lower 
Chesapeake  Bay,  which  affords  the  shortest  pos 
sible  land  route  to  Richmond,  and  strikes  direct 
ly  at  the  heart  of  the  enemy's  power  in  the  East. 

The  roads  in  that  region  are  passable  at  all 
reasons  of  the  year. 

The  country  now  alluded  to  is  much  more 
favorable  for  offensive  operations  than  that  in 
front  of  Washington,  (which  is  very  unfavora 
ble,)  much  more  level,  more  cleared  land,  the 
woods  less  dense,  the  soil  more  sandy,  and  the 
spring  some  two  or  three  weeks  earlier.  A 
movement  in  force  on  that  line  obliges  the  ene 
my  to  abandon  his  intrenched  position  at  Ma- 
nassas,  in  order  to  hasten  to  cover  Richmond  and 
Norfolk.  He  must  do  this  ;  for  should  he  permit 
us  to  occupy  Richmond,  his  destruction  can  be 
averted  only  by  entirely  defeating  us  in  a  battle, 
in  which  he  must  be  the  assailant.  This  move 
ment,  if  successful,  gives  us  the  capital,  the 
communications,  the  supplies  of  the  rebels  ;  Nor 
folk  would  fall ;  all  the  waters  of  the  Chesapeake 
would  be  ours  ;  all  Virginia  would  be  in  our 
power,  and  the  enemy  forced  to  abandon  Tennes 
see  and  North-Carolina.  The  alternative  pre 
sented  to  the  enemy  would  be,  to  beat  us  in  a 
position  selected  by  ourselves,  disperse,  or  pass 
beneath  the  Caudine  forks. 

Should  we  be  beaten  in  a  battle,  we  have  a 
perfectly  secure  retreat  down  the  Peninsula  upon 
Fort  Monroe,  with  our  flanks  perfectly  covered 
by  the  fleet. 

During  the  whole  movement  our  left  flank  is 
covered  by  the  water.  Our  right  is  secure,  for 
the  reason  that  the  enemy  is  too  distant  to  reach 
us  in  time  ;  he  can  only  oppose  us  in  front ;  we 
bring  our  fleet  into  full  play. 

After  a  successful  battle  our  position  would 
be  —  Burnside  forming  our  left  —  Norfolk  held 
securely — our  centre  connecting  Burnside  with 
Buell,  both  by  Raleigh  and  Lynchburgh  —  Buell 
in  Eastern  Tennessee  and  North-Alabama — Hal- 
leek  at  Nashville  and  Memphis. 

The  next  movement  would  be  to  connect  with 
Sherman  on  the  left,  by  reducing  Wilmington 
and  Charleston  ;  to  advance  our  centre  into 
South-Carolina  and  Georgia  ;  •  to  push  Buell 
either  toward  Montgomery,  or  to  unite  with  the 
main  army  in  Georgia  ;  to  throw  Halleck  south 
ward  to  meet  the  naval  expedition  from  New- 
Orleans. 

We  should  then  be  in  a  condition  to  reduce  at 
our  leiijure  all  the  Southern  seaports  ;  to  occupy 
all  the  avenues  of  communication ;  to  use  the 
great  outlet  of  the  Mississippi ;  to  reestablish 
our  government  and  arms  in  Arkansas,  Louisi 
ana,  and  Texas  ;  to  force  the  slaves  to  labor  for 
our  subsistence,  instead  of  that  of  the  rebels ;  to 
bid  defiance  to  all  foreign  interference.  Such  is 
the  object  I  have  ever  had  in  view  —  this  is  the 
general  plan  which  I  hope  to  accomplish. 


For  many  long  months  I  have  labored  to  prepare 
the  army  of  the  Potomac  to  play  its  part  in  the 
programme  ;  from  the  day  when  I  was  placed  in 
command  of  all  our  armies,  I  have  exerted  my 
self  to  place  all  the  other  armies  in  such  a  condi 
tion  that  they,  too,  could  perform  their  allotted 
duties. 

Should  it  be  determined  to  operate  from  the 
Lower  Chesapeake,  the  point  of  landing  which 
promises  the  most  brilliant  result  is  Urbana,  on 
the  Lower  Rappahannock.  This  point  is  easily 
reached  by  vessels  of  heavy  draught ;  it  is  nei 
ther  occupied  nor  observed  by  the  enemy  —  it  is 
but  one  march  from  West-Point,  the  key  of  that 
region,  and  thence  but  two  marches  to  Rich 
mond.  A  rapid  movement  from  Urbana  would 
probably  cut  off  Magruder  in  the  Peninsula,  and 
enable  us  to  occupy  Richmond,  before  it  could 
be  strongly  reenforced.  Should  we  fail  in  that, 
we  could,  with  the  cooperation  of  the  navy,  cross 
the  James  and  throw  ourselves  in  rear  of  Rich 
mond,  thus  forcing  the  enemy  to  come  out  and 
attack  us,  for  his  position  would  be  untenable, 
with  us  on  the  southern  bank  of  the  river. 

Should  circumstances  render  it  not  advisable 
to  land  at  Urbana,  we  can  use  Mobjack  Bay  ;  or, 
the  worst  coming  to  the  worst,  we  can  take  Fort 
Monroe  as  a  base,  and  operate  with  complete  se 
curity,  although  with  less  celerity  and  brilliancy 
of  results — up  the  Peninsula. 

To  reach  whatever  point  may  be  selected  as  a 
base,  a  large  amount  of  cheap  water  transporta 
tion  must  be  collected,  consisting  mainly  of  canal- 
boats,  barges,  wood-boats,  schooners,  etc.,  towed 
by  small  steamers,  all  of  a  very  different  charac 
ter  from  those  required  for  all  previous  expedi 
tions.  This  can  certainly  be  accomplished  with 
in  thirty  days  from  the  time  the  order  is  given. 
I  propose,  as  the  best  possible  plan  that  can,  in 
my  judgment,  be  adopted,  to  select  Urbana  as  a 
landing  place  for  the  first  detachments ;  to  trans 
port  by  water  four  divisions  of  infantry  with 
their  batteries,  the  regular  infantry,  a  few  wag 
ons,  one  bridge  train,  and  a  few  squadrons  of 
cavalry,  making  the  vicinity  of  Hooker's  position 
the  place  of  embarkation  for  as  many  as  possible  ; 
to  move  the  regular  cavalry  and  reserve  artillery, 
the  remaining  bridge  trains  and  wagons,  to  a 
point  somewhere  near  Cape  Lookout,  then  ferry 
them  over  the  river  by  means  of  North  River 
ferry-boats,  march  them  over  to  the  Rappahan 
nock,  (covering  the  movement  by  an  infantry 
force  near  Heathsville,)  and  to  cross  the  Rappa 
hannock  in  a  similar  way.  The  expense  and 
difficulty  of  the  movement  will  then  be  very 
much  diminished,  (a  saving  of  transportation  of 
about  ten  thousand  horses,)  and  the  result  none 
the  less  certain. 

The  concentration  of  the  cavalry,  etc.,  on  the 
lower  counties  of  Maryland  can  be  effected  with 
out  exciting  suspicion,  and  the  movement  made 
without  delay  from  that  cause. 

This  movement,  if  adopted,  will  not  at  all 
expose  the  city  of  Washington  to  danger. 

The  total  force  to  be  thrown  upon  the  new  line 
would  be,  according  to  circumstances,  from  one 


DOCUMENTS. 


535 


hundred  and  ten  thousand  to  one  hundred  and 
forty  thousand.  I  hope  to  use  the  latter  number 
by  bringing  fresh  troops  into  Washington,  and 
still  leaving  it  quite  safe.  I  fully  realize  that  in 
all  projects  offered,  time  will  probably  be  the 
most  valuable  consideration.  It  is  my  decided 
opinion  that,  in  that  point  of  view,  the  second 
plan  should  be  adopted.  It  is  possible,  nay, 
highly  probable,  that  the  weather  and  state  of 
the  roads  may  be  such  as  to  delay  the  direct 
movement  from  Washington,  with  its  unsatisfac 
tory  results  and  great  risks,  far  beyond  the  time 
required  to  complete  the  second  plan.  In  the 
first  case  we  can  fix  no  definite  time  for  an  ad 
vance.  The  roads  have  gone  from  bad  to  worse. 
Nothing  like  their  present  condition  was  ever 
known  here  before  ;  they  are  impassable  at  pre 
sent.  We  are  entirely  at  the  mercy  of  the  weath 
er.  It  is  by  no  means  certain  that  we  can  beat 
them  at  Manassas.  On  the  other  line  I  regard 
success  as  certain  by  all  the  chances  of  war. 
We  demoralize  the  enemy  by  forcing  him  to 
abandon  his  prepared  position  for  one  which  we 
have  chosen,  in  which  all  is  in  our  favor,  and 
where  success  must  produce  immense  results. 

My  judgment,  as  a  General,  is  clearly  in  favor 
of  this  project.  Nothing  is  certain  in  war,  but 
all  the  chances  are  in  favor  of  this  movement. 
So  much  am  I  in  favor  of  the  southern  line  of 
operations,  that  I  would  prefer  the  move  from 
Fortress  Monroe  as  a  base  —  as  a  certain  though 
less  brilliant  movement  than  that  from  Urbana, 
to  an  attack  upon  Manassas. 

I  know  His  Excellency  the  President,  you,  and 
I,  all  agree  in  our  wishes ;  and  that  these  wishes 
are,  to  bring  this  war  to  a  close  as  promptly  as 
the  means  in  our  possession  will  permit.  I  be 
lieve  that  the  mass  of  the  people  have  entire 
confidence  in  us — I  am  sure  of  it.  Let  us,  then, 
look  only  to  the  great  result  to  be  accomplished, 
and  disregard  every  thing  else. 

I  am,  very  respectfully,  your  obedient  servant, 

GEO.    B.    McCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

This  letter  must  have  produced  some  effect 
upon  the  mind  of  the  President,  since  the  execu 
tion  of  his  order  was  not  required,  although  it 
was  not  revoked  as  formally  as  it  had  been  is 
sued.  Many  verbal  conferences  ensued,  in  which, 
among  other  things,  it  was  determined  to  collect 
as  many  canal-boats  as  possible,  with  the  view 
to  employ  them  largely  in  the  transportation  of 
the  army  to  the  Lower  Chesapeake.  The  idea 
was  at  one  time  entertained  by  the  President  to 
use  them  in  forming  a  bridge  across  the  Potomac 
near  Liverpool  Point,  in  order  to  throw  the  army 
over  that  point ;  but  this  was  subsequently  aban 
doned.  It  was  also  found  b^  experience  that  it 
would  require  much  time  to  prepare  the  canal- 
boats  for  use  in  transportation,  to  the  extent  that 
had  been  anticipated. 

Finally,  on  the  twenty-seventh  of  February, 
1862,  the  Secretary  of  War,  by  the  authority  of 
the  President  instructed  Mr.  John  Tucker,  As 


sistant  Secretary  of  War,  to  procure  at  once  the 
necessary  steamers  and  sailing  craft  to  transport 
the  army  of  the  Potomac  to  its  new  field  of  oper 
ations. 

The  following  extract  from  the  report  of  Mr. 
Tucker,  dated  April  fifth,  will  show  the  nature 
and  progress  of  this  well-executed  service : 

"  I  was  called  to  Washington  by  telegraph,  on 
seventeenth  January  last,  by  Assistant  Secre 
tary  of  War  Thomas  A.  Scott.  I  was  informed 
that  Major-General  McClellan  wished  to  see  me. 
From  him  I  learned  that  he  desired  to  know  if 
transportation  on  smooth  water  could  be  obtained 
to  move  at  one  time,  for  a  short  distance,  about 
fifty  thousand  troops,  ten  thousand  horses,  one 
thousand  wagons,  thirteen  batteries,  and  the 
usual  equipment  of  such  an  army.  He  frankly 
stated  to  me  that  he  had  always  supposed  such  a 
movement  entirely  feasible,  until  two  experienced 
quartermasters  had  recently  reported  it  imprac 
ticable,  in  their  judgment.  A  few  days  after 
ward,  I  reported  to  General  McClellan  that  I 
was  entirely  confident  the  transports  could  be 
commanded,  and  stated  the  mode  by  which  his 
object  could  be  accomplished.  A  week  or  two 
afterward  I  had  the  honor  of  an  interview  with 
the  President  and  General  McClellan,  when  the 
subject  was  further  discussed,  and  especially  as 
to  the  time  required. 

"I  expressed  the  opinion  that,  as  the  move 
ment  of  the  horses  and  wagons  would  have  to 
be  made  chiefly  by  schooners  and  barges,  that  as 
each  schooner  would  require  to  be  properly  fitted 
for  the  protection  of  the  horses,  and  furnished  with 
a  supply  of  water  and  forage,  and  each  transport 
for  the  troops  provided  with  water,  I  did  not 
deem  it  prudent  to  assume  that  such  an  expedi 
tion  could  start  within  thirty  days  from  the  time 
the  order  was  given. 

"  The  President  and  General  McClellan  both 
urgently  stated  the  vast  importance  of  an  earlier 
movement.  I  replied  that  if  favorable  winds 
prevailed,  and  there  was  great  despatch  in  load 
ing,  the  time  might  be  materially  diminished. 

"  On  the  fourteenth  February  you  (Secretary 
of  War)  advertised  for  transports  of  various  de 
scriptions,  inviting  bids  on  the  twenty-seventh 
February.  I  was  informed  that  the  proposed 
movement  by  water  was  decided  upon.  That 
evening  the  Quartermaster-General  was  informed 
of  the  decision.  Directions  were  given  to  secure 
the  transportation — any  assistance  was  tendered. 
He  promptly  detailed  to  this  duty  two  most  effi 
cient  assistants  in  his  department.  Colonel 
Rufus  Ingalls  was  stationed  at  Annapolis,  where 
it  was  then  proposed  to  embark  the  troops,  and 
Captain  Henry  C.  Hodges  was  directed  to  meet 
me  in  Philadelphia,  to  attend  to  chartering  the 
vessels.  With  these  arrangements  I  left  Wash 
ington  on  the  twenty-eighth  February. 

"  I  beg  to  hand  herewith  a  statement,  prepared 
by  Captain  Hodges,  of  the  vessels  chartered, 
which  exhibits  the  prices  paid,  and  parties  from 
whom  they  were  taken  : 


536 


REBELLION  RECORD,  1862-63. 


113  steamers,  at  an  average  price  per  day, .  $215  10 

188  schooners,  "  "         .     24  45 

88  barges,        "  .     1427 

"  In  thirty-seven  days  from  the  time  I  received 
the  order  in  Washington  (and  most  of  it  was  ac 
complished  in  thirty  days)  these  vessels  trans 
ported  from  Perryville,  Alexandria,  and  Wash 
ington  to  Fort  Monroe  (the  place  of  departure 
having  been  changed,  which  caused  delay)  one 
hundred  and  twenty-one  thousand  five  hundred 
men,  fourteen  thousand  five  hundred  and  ninety- 
two  animals,  one  thousand  one  hundred  and  fifty 
wagons,  forty-four  batteries,  seventy-four  ambu 
lances,  besides  pontoon-bridges,  telegraph  mate 
rials,  and  the  enormous  quantity  of  equipage, 
etc.,  required  for  an  army  of  such  magnitude. 
The  only  loss  of  which  I  have  heard  is  eight 
mules  and  nine  barges,  which  latter  went  ashore 
in  a  gale  within  a  few  miles  of  Fort  Monroe — 
the  cargoes  being  saved.  With  this  trifling  ex 
ception,  riot  the  slightest  accident  has  occurred, 
to  my  knowledge. 

u  I  respectfully  but  confidently  submit  that, 
for  the  economy  and  celerity  of  movement,  this 
expedition  is  without  a  parallel  on  record. 

"  JOHN  TUCKER, 

"Assistant  Secretary  of  War." 

In  the  mean  time  the  destruction  of  the  bat 
teries  on  the  Lower  Potomac,  by  crossing  our 
troops  opposite  them,  was  considered,  and  pre 
parations  were  even  made  for  throwing  Hooker's 
division  across  the  river,  to  carry  them  by  as 
sault.  Finally,  however,  after  an  adverse  report 
from  Brigadier-General  J.  G.  Barnard,  Chief  En 
gineer,  given  below,  who  made  a  reconnoissance 
of  the  positions,  and  in  view  of  the  fact  that  it 
was  still  out  of  the  power  of  the  Navy  Depart 
ment  to  furnish  suitable  vessels  to  cooperate 
with  land  troops,  this  plan  was  abandoned  as 
impracticable.  A  close  examination  of  the  ene 
my's  works  and  their  approaches,  made  after 
they  were  evacuated,  showed  that  the  decision 
was  a  wise  one.  The  only  means,  therefore,  of 
accomplishing  the  capture  of  these  works,  so 
much  desired  by  the  President,  was  by  a  move 
ment  by  land  from  the  left  of  our  lines,  on  the 
right  bank  of  the  Potomac — a  movement  obvi 
ously  unwise. 

The  attention  of  the  Navy  Department  as  early 
as  August  twelfth,  1861,  had  been  called  to  the 
necessity  of  maintaining  a  strong  force  of  efficient 
war  vessels  on  the  Potomac. 

HEADQUARTERS  DIVTSION  OF  THE  POTOMAC,  1 
WASHINGTON,  August- 12,  1861.      f 

SIR  :  I  have  eo-day  received  additional  informa 
tion  which  convinces  me  that  it  is  more  than 
probable  that  the  enemy  will,  within  a  very 
short  time,  attempt  to  throw  a  respectable  force 
from  the  mouth  of  Acquia  Creek  into  Maryland. 
This  attempt  will  probably  be  preceded  by  the 
erection  of  batteries  at  Matthias  and  White  House 
Points.  Such  a  movement  on  the  part  of  the 
enemy,  in  connection  with  others  probably  de- 
•igned,  would  place  Washington  in  great  jeopardy. 


I  most  earnestly  urge  that  the  strongest  possible 
naval  force  be  at  once  concentrated  near  the 
mouth  of  Acquia  Creek,  and  that  the  most  vigil 
ant  watch  be  maintained  day  and  night,  so  as  to 
render  such  passage  of  the  river  absolutely  im 
possible. 

I  recommend  that  the  Minnesota  and  any 
other  vessels  available  from  Hampton  Roads  be 
at  once  ordered  up  there,  and  that  a  great  quan 
tity  of  coal  be  sent  to  that  vicinity,  sufficient  for 
several  weeks'  supply.  At  least  one  strong  war 
vessel  should  be  kept  at  Alexandria,  and  I  again 
urge  the  concentration  of  a  strong  naval  force  on 
the  Potomac  without  delay. 

If  the  Naval  Department  will  render  it  abso 
lutely  impossible  for  the  enemy  to  cross  the  river 
below  Washington,  the  security  of  the  capital 
will  be  greatly  increased. 

I  cannot  too  earnestly  urge  an  immediate  com 
pliance  with  these  requests. 

I  am,  sir,  very  respectfully,  your  obedient 
servant.  GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  GIDEON  WELLES, 

Secretary  of  the  United  States  Navy. 

It  was  on  the  twenty-seventh  of  September, 
1861,  that  General  Barnard,  Chief  Engineer,  in 
company  with  Captain  Wyman  of  the  Potomac 
flotilla,  had  been  instructed  to  make  a  reconnois 
sance  of  the  enemy's  batteries  as  far  as  Matthias 
Point.  In  his  report  of  his  observations  he  says  : 

"Batteries  at  High  Point  and  Cockpit  Point, 
and  thence  down  to  Chopawampsic,  cannot  be 
prevented.  We  may,  indeed,  prevent  their  con 
struction  on  certain  points,  but  along  here  some 
where  the  enemy  can  establish,  in  spite  of  us,  as 
many  batteries  as  he  chooses.  What  is  the  rem 
edy  ?  Favorable  circumstances,  not  to  be  anti 
cipated  nor  made  the  basis  of  any  calculations, 
might  justify  and  render  successful  the  attack  of 
a  particular  battery.  To  suppose  that  we  can 
capture  all,  and  by  mere  attacks  of  this  kind 
prevent  the  navigation  being  molested,  is  very 
much  the  same  as  to  suppose  that  the  hostile 
army  in  our  own  front  can  prevent  us  building 
and  maintaining  field-works  to  protect  Arlington 
and  Alexandria  by  capturing  them,  one  and  all, 
as  fast  as  they  are  built." 

In  another  communication  upon  the  subject  of 
crossing  troops  for  the  purpose  of  destroying  the 
batteries  on  the  Virginia  side  of  the  Potomac, 
General  Barnard  says: 

"  The  operation  involves  the  forcing  of  a  very 
strong  line  of  defence  of  the  enemy,  and  all  that 
we  would  have  to  do  if  we  were  really  opening  a 
campaign  against  them  there. 

"  It  is  true  we  hope  to  force  this  line  by  turn 
ing  it,  by  landing  on  Freestone  Point. .  With 
reason  to  believe  that  this  may  be  successful,  it 
cannot  be  denied  that  it  involves  a  risk  of  failure. 
Should  we,  then,  considering  all  the  consequences 
which  may  be  involved,  enter  into  the  operation, 
merely  to  capture  the  Potomac  batteries  ?  I  think 
not.  Will  not  the  Ericsson,  assisted  by  one  other 
gunboat  capable  of  keeping  alongside  these  bat 
teries,  so  far  control  their  tire  as  to  keep  the  nay- 


DOCUMEXTS. 


537 


igation  sufficiently  free  as  long  as  we  require  it? 
Captain  Wyman  says  yes." 

It  was  the  opinion  of  competent  naval  officers, 
and  I  concur  with  them,  that  had  an  adequate 
force  of  strong  and  well-armed  vessels  been  act 
ing  on  the  Potomac  from  the  beginning  of  August, 
it  would  have  been  next  to  impossible  for  the 
rebels  to  have  constructed  or  maintained  bat 
teries  upon  the  banks  of  the  river.  The  enemy 
never  occupied  Matthias  Point,  nor  any  other 
point  on  the  river,  which  was  out  of  supporting 
distance  from  the  main  army. 

When  the  enemy  commenced  the  construction 
of  these  batteries,  the  army  of  the  Potomac  was 
not  in  a  condition  to  prevent  it.  Their  destruc 
tion  by  our  army  would  have  afforded  but  a  tem 
porary  relief  unless  we  had  been  strong  enough 
to  hold  the  entire  line  of  the  Potomac.  This 
could  be  done  either  by  driving  the  enemy  from 
Manassas  and  Acquia  Creek,  by  main  force,  or  by 
manoeuvring  to  compel  them  to  vacate  their  po 
sitions.  The  latter  course  was  finally  pursued, 
and  with  success. 

About  the  twentieth  of  February,  1862,  addi 
tional  measures  were  taken  to  secure  the  reopen 
ing  of  the  Baltimore  and  Ohio  Railroad.  The 
preliminary  operations  of  General  Lander  for  this 
object  are  elsewhere  described. 

I  had  often  observed  to  the  President  and  to 
members  of  the  Cabinet  that  the  reconstruction  of 
this  railway  could  not  be  undertaken  until  we 
were  in  a  condition  to  fight  a  battle  to  secure  it. 
I  regarded  the  possession  of  Winchester  and 
Strasburgh  as  necessary  to  cover  the  railway  in 
the  rear,  and  it  was  not  till  the  month  of  Februa 
ry  that  I  felt  prepared  to  accomplish  this  very 
desirable  but  not  vital  purpose. 

The  whole  of  Banks's  division  and  two  brigades 
of  Sedgwick's  division  were  thrown  across  the 
river  at  Harper's  Ferry,  leaving  one  brigade  of 
Sedgwick's  division  to  observe  and  guard  the 
Potomac  from  Great  Falls  to  the  mouth  of  the 
Monocacy.  A  sufficient  number  of  troops  of  all 
arms  were  held  in  readiness  in  the  vicinity  ol 
Washington,  either  to  march  via  Leesburgh  or  to 
move  by  rail  to  Harper's  Ferry,  should  this  be 
come  necessary  in  carrying  out  the  objects  in 
view. 

The  subjoined  notes  from  a  communication 
subsequently  addressed  to  the  War  Department 
will  sufficiently  explain  the  conduct  of  these  op 
erations. 

NOTES. 

"When  I  started  for  Harper's  Ferry,  I  plainly 
stated  to  the  President  and  Secretary  of  War  that 
the  chief  object  of  the  operation  would  be  to  open 
the  Baltimore  and  Ohio  Railroad  by  crossing  the 
river  in  force  at  Harper's  Ferry  ;  that  I  had  col 
lected  the  material  for  making  a  permanent  bridg< 
by  iiKMuas  of  «iu*l-boi.ts ;  that  from  the  nature  o 
the  river,  it  was  doubtful  whether  such  a  bridg< 
could  be  constructed ;  that  if  it  could  not,  I  woulc 
at  least  occupy  the  ground  in  front  of  Harper's 
Ferry,  in  order  to  cover  the  rebuilding  of  the 
railroad  bridge  ;  and  finally, .when  the  communi 


nations  were  perfectly  secure,  move  on  Winches- 
er. 

'  When  I  arrived  at  the  place  I  found  the  bat 
eau  bridge  nearly  completed  ;  the  holding-ground 
>roved  better  than  had  been   anticipated;    the 
weather  was  favorable,  there  being  no  wind.     I 
at  once  crossed  over  the  two  brigades  which  had 
rrived,  and  took  steps  to  hurry  up  the  other 
wo,  belonging  respectively  to  Banks's  and  Sedg 
wick's  divisions.     The  difficulty  of  crossing  sup- 
)lies  had  not  then  become  apparent.     That  night 
!  telegraphed  for  a  regiment  of  regular  cavalry 
md  four  batteries  of  heavy  artillery  to  come  up 
;he    next    day,     (Thursday,)    besides    directing 
Jeyes's  division  of  infantry  to  be  moved  up  on 
Friday. 

u  Next  morning  the  attempt  was  made  to  pass 
he  canal-boats  through  the  lift-lock,  in  order  to 
commence  at  once  the  construction  of  a  permanent 
Bridge.  It  was  then  found  for  the  first  time  that 
;he  lock  was  too  small  to  permit  the  passage  of 
;he  boats,  it  having  been  built  for  a  class  of 

ts  running  on  the  Shenandoah  Canal,  and 
too  narrow  by  some  four  or  six  inches  for  the 
canal-boats.  The  lift-locks,  above  and  below,  are 
all  large  enough  for  the  ordinary  boats.  I  had 
seen  them  at  Edwards' s  Ferry  thus  used.  It  had 
always  been  represented  to  the  engineers  by  the 
military  railroad  employes,  and  others,  that  the 
lock  was  large  enough,  and,  the  difference  being 
too  small  to  be  detected  by  the  eye,  no  one  had 
thought  of  measuring  it,  or  suspecting  any  diffi 
culty.  I  thus  suddenly  found  myself  unable  to 
build  the  permanent  bridge.  A  violent  gale  had 
arisen,  which  threatened  the  safety  of  our  only 
means  of  communication ;  the  narrow  approach 
to  the  bridge  was  so  crowded  and  clogged  with 
wagons  that  it  was  very  clear  that,  under  exist 
ing  circumstances,  nothing  more  could  be  dona 
than  to  cross  over  the  baggage  and  supplies  of 
the  two  brigades.  Of  the  others,  instead  of  being 
able  to  cross  both  during  the  morning,  the  last 
arrived  only  in  time  to  go  over  just  before  dark. 
It  was  evident  that  the  troops  under  orders 
would  only  be  in  the  way,  should  they  arrive, 
and  that  it  would  not  be  possible  to  subsist  them 
for  a  rapid  march  on  Winchester.  It  was  there 
fore  deemed  necessary  to  countermand  the  order, 
content  ourselves  with  covering  the  reopening  of 
the  railroad  for  the  present,  and  in  the  mean  time 
use  every  exertion  to  establish,  as  promptly  as 
possible,  depots  of  forage  and  subsistence  on  the 
Virginia  side,  to  supply  the  troops,  and  enable 
them  to  move  on  Winchester  independently  of 
the  bridge.  The  next  day,  (Friday,)  I  sent  a 
strong  reconnoissance  to  Charlestowu,  and,  undei 
its  protection,  went  there  myself.  I  then  deter 
mined  to  hold  that  place,  and  to  move  the  troops 
composing  Lander's  and  Williams's  commands 
at  once  on  Martinsburgh  and  Bunker  Hill,  thus 
effectually  covering  the  reconstruction  of  the  rail 
road. 

"  Having  done  this,  and  taken  all  the  steps  in 
my  power  to  insure  the  rapid  transmission  of  sup 
plies  over  the  river,  I  returned  to  this  city,  well 
satisfied  with  what  had  been  accomplished. 


538 


REBELLION  RECORD,  1862-63. 


While  up  the  river  I  learned  that  the  Presiden 
was  dissatisfied  with  the  state  of  affairs  ;  but  on 
my  return  here,  understood  from  the  Secretary 
of  War  that  upon  learning  the  whole  state  of  the 
case  the  President  was  fully  satisfied.  I  content 
ed  myself,  therefore,  with  giving  to  the  Secretary 
a  brief  statement,  as  I  have  written  here." 

The  design  aimed  at  was  entirely  compassed 
and  before  the  first  of  April,  the  date  of  my  de 
parture  for  the  Peninsula,  the  railroad  was  in 
running  order.  Asa  demonstration  upon  the  lefi 
flank  of  the  enemy,  this  movement  no  doubt  as 
sisted  in  determining  the  evacuation  of  his  lines 
on  the  eighth  and  ninth  of  March. 

On  my  return  from  Harper's  Ferry,  on  the 
twenty-eighth  of  February,  the  preparations  ne 
cessary  to  cany  out  the  wishes  of  the  President 
and  Secretary  of  War  in  regard  to  destroying 
the  batteries  on  the  Lower  Potomac  were  at  once 
undertaken.  Mature  reflection  convinced  me 
that  this  operation  would  require  the  movement 
of  the  entire  army,  for  I  felt  sure  that  the  enemy 
would  resist  it  with  his  whole  strength.  I  under 
took  it  with  great  reluctance,  both  on  account  of 
the  extremely  unfavorable  condition  of  the  roads 
and  my  firm  conviction  that  the  proposed  move 
ment  to  the  Lower  Chesapeake  would  necessarily, 
as  it  subsequently  did,  force  the  enemy  to  aban 
don  all  his  positions  in  front  of  Washington. 
Besides,  it  did  not  forward  my  plan  of  campaign 
to  precipitate  this  evacuation  by  any  direct  attack, 
nor  to  subject  the  army  to  any  needless  loss  of 
life  and  material  by  a  battle  near  Washington, 
which  could  produce  no  decisive  results.  The 
preparations  for  a  movement  toward  the  Occo- 
quan,  to  carry  the  batteries,  were,  however,  ad 
vanced  as  rapidly  as  the  season  permitted,  and  I 
had  invited  the  commanders  of  divisions  to  meet 
at  headquarters  on  the  eighth  of  March,  for  the 
purpose  of  giving  them  their  instructions,  and  re 
ceiving  their  advice  and  opinion  in  regard  to  their 
commands,  when  an  interview  with  the  President 
indicated  to  me  the  possibility  of  a  change  in  my 
orders. 

His  Excellency  sent  for  me  at  a  very  early  hour 
on  the  morning  of  the  eighth,  and  renewed  his 
expressions  of  dissatisfaction  with  the  affair  of 
Harper's  Ferry,  and  with  my  plans  for  the  new 
movement  down  the  Chesapeake.  Another  re 
cital  of  the  same  facts  which  had  before  given 
satisfaction  to  His  Excellency  again  produced,  as 
I  supposed,  the  same  result. 

The  views  which  I  expressed  to  the  President 
were  reenforced  by  the  result  of  a  meeting  of  my 
general  officers  at  headquarters.  At  that  meet 
ing  my  plans  were  laid  before  the  division  com 
manders,  and  were  approved  by  a  majority  of 
those  present.  Nevertheless,  on  the  same  day 
two  important  orders  were  issued  by  the  Presi 
dent,  without  consultation  with  me.  The  first 
of  these  was  the  General  War  Order  No.  2,  direct 
ing  the  formation  of  army  corps,  and  assigning 
their  commanders. 

I  had  always  been  in  favor  of  the  principle  of 
an  organization  into  army  corps,  but  preferred 
deferring  its  practical  execution  until  some  little  I 


experience  in  campaign  and  on  the  field  of  battla 
should  show  what  general  officers  were  most 
competent  to  exercise  these  high  commands,  fof 
it  must  be  remembered  that  we  then  had  no  offi 
cers  whose  experience  in  war  on  a  large  scale  was 
sufficient  to  prove  that  they  possessed  the  neces 
sary  qualifications.  An  incompetent  commander 
of  an  army  corps  might  cause  irreparable  damage, 
while  it  is  not  probable  that  an  incompetent  di 
vision  commander  could  cause  any  very  serious 
mischief.  These  views  had  frequently  been  ex 
pressed  by  me  to  the  President  and  members  of 
the  Cabinet ;  it  was  therefore  with  as  much  regret 
as  surprise  that  I  learned  the  existence  of  this 
order. 

The  first  order  has  been  given  above ;  the  sec 
ond  order  was  as  follows : 

[President's  General  War  Order  No  3.] 

EXECUTIVE  MANSION,  \ 
WASHINGTON,  March  8,  1362.      j 

Ordered,  That  no  change  of  the  base  of  opera 
tions  of  the  army  of  the  Potomac  shall  be  made 
without  leaving  in  and  about  Washington  such  a 
force  as,  in  the  opinion  of  the  General-in-Chief 
and  the  commanders  of  army  corps,  shall  leave 
said  city  entirely  secure. 

That  no  more  than  two  army  corps  (about  fifty 
thousand  troops)  of  said  army  of  the  Potomac 
shall  be  moved  en  route  for  a  new  base  of  opera 
tions  until  the  navigation  of  the  Potomac,  from 
Washington  to  the  Chesapeake  Bay,  shall  be 
freed  from  the  enemy's  batteries,  and  other  ob 
structions,  or  until  the  President  shall  hereafter 
give  express  permission. 

That  any  movement  as  aforesaid,  en  route  for 
a  new  base  of  operations,  which  may  be  ordered 
by  the  General-in-Chief,  and  which  may  be  in 
tended  to  move  upon  the  Chesapeake  Bay,  shall 
begin  to  move  upon  the  bay  as  early  as  the  eigh 
teenth  March  instant,  and  the  General-in-Chief 
shall  be  responsible  that  it  moves  as  early  as 
that  day. 

Ordered,  That  the  army  and  navy  coooperate 
n  an  immediate  effort  to  capture  the  enemy's 
batteries  upon  the  Potomac  between  Washington 
and  the  Chesapeake  Bay. 

ABRAHAM  LINCOLN. 

L.  THOMAS, 

Adj  utant-General. 

After  what  has  been  said  already  in  regard  to 

;he  effect  of  a  movement  to  the  Lower  Chesapeake 

t  is  unnecessary  for  me  to  comment  upon  this 

document,  further  than  to  say  that  the  time  of 

>eginning  the  movement  depended  upon  the  state 

f  readiness  of  the  transports,  the  entire  control 

)f  which  had  been  placed  by  the  Secretary  of 

War  in  the  hands  of  one  of  the  Assistant  Secre- 

aries,  and  not  under  the  Quartermaster  General ; 

o  that  even  if  the  movement  were  not  impeded 

>y  the  condition  imposed,  in  regard  to  the  bat- 

,eries  on  the  Potomac,  it  could  not  have  been  in 

my  power  to  begin  it  before  the  eighteenth  of 

March,  unless  the   Assistant  Secretary  of  War 

ad  completed  his  arrangements  by  that  time. 

Meanwhile  important  events  were  occurring 


DOCUMENTS. 


539 


which  materially  modified  the  designs  for  the  sub 
sequent  campaign.  The  appearance  of  the  Merri- 
mac  off  Old  Point  Comfort,  and  the  encounter 
with  the  United  States  squadron  on  the  eighth 
of  March,  threatened  serious  derangement  of  the 
plan  for  the  Peninsula  movement.  But  the  en 
gagement  between  the  Monitor  and  Merrimac 
on  the  ninth  of  March,  demonstrated  so  satisfac 
torily  the  power  of  the  former,  and  the  other 
naval  preparations  were  so  extensive  and  formi 
dable,  that  the  security  of  Fort  Monroe,  as  a  base 
of  operations,  was  placed  beyond  a  doubt ;  and 
although  the  James  River  was  closed  to  us,  the 
York  River,  with  its  tributaries,  was  still  open  as 
a  line  of  water  communication  with  the  fortress. 
The  general  plan,  therefore,  remained  undisturb 
ed,  although  less  promising  in  its  details  than 
when  the  James  River  was  in  our  control. 

On  Sunday,  the  ninth  of  March,  information 
from  various  sources  made  it  apparent  that  the 
enemy  was  evacuating  his  positions  at  Centreville 
and  Manassas  as  well  as  on  the  Upper  and  Lower 
Potomac.  The  President  and  Secretary  of  War 
were  present  when  the  most  positive  information 
reached  me,  and  I  expressed  to  them  my  inten 
tion  to  cross  the  river  immediately,  and  there 
gain  the  most  authentic  information,  prior  to  de 
termining  what  course  to  pursue. 

The  retirement  of  the  enemy  toward  Richmond 
had  been  expected  as  the  natural  consequence  of 
the  movement  to  the  Peninsula,  but  the  adoption 
of  this  course  immediately  on  ascertaining  that 
such  a  movement  was  intended,  while  it  relieved 
me  from  the  results  of  the  undue  anxiety  of  my 
superiors,  and  attested  the  character  of  the  de 
sign,  was  unfortunate  in  that  the  then  almost 
impassable  roads  between  our  position  and  theirs 
deprived  us  of  the  opportunity  for  inflicting  dam 
age  usually  afforded  by  the  withdrawal  of  a  large 
army  in  the  face  of  a  powerful  adversary. 

The  retirement  of  the  enemy  and  the  occupa 
tion  of  the  abandoned  positions  which  necessarily 
followed  presented  an  opportunity  for  the  troops 
to  gain  some  experience  on  the  march  and  bi 
vouac  preparatory  to  the  campaign,  and  to  get  rid 
of  the  superfluous  baggage  and  other  "  impedi 
ments"  which  accumulate  so  easily  around  an 
army  encamped  for  a  long  time  in  one  locality. 

A  march  to  Manassas  and  back  would  produce 
no  delay  in  embarking  for  the  Lower  Chesa 
peake,  as  the  transports  could  not  be  ready  for 
some  time,  and  it  afforded  a  good  intermediate 
step  between  the  quiet  and  comparative  comfort 
of  the  camps  around  Washington,  and  the  rig 
ors  of  active  operations,  besides  accomplishing 
the  important  object  of  determining  the  positions 
and  perhaps  the  future  designs  of  the  enemy, 
with  the  possibility  of  being  able  to  harass  their 
rear. 

I  therefore  issued  orders  during  the  night  of 
the  ninth  of  March  for  a  general  movement  of 
the  army  the  next  morning  toward  Centreville 
and  Manassas,  sending  in  advance  two  regiments 
of  cavalry  under  Colonel  Averill  with  orders  to 
reach  Manassas  if  possible,  ascertain  the  exact 
condition  of  affairs,  and  do  whatever  he  could 


to  retard  and  annoy  the  enemy  if  really  in  re 
treat  ;  at  the  same  time  I  telegraphed  to  the  Sec 
retary  of  War  that  it  would  be  necessary  to  de 
fer  the  organization  of  the  army  corps  until  the 
completion  of  the  projected  advance  upon  Ma 
nassas,  as  the  divisions  could  not  be  brought 
together  in  time.  The  Secretary  replied,  re 
quiring  immediate  compliance  with  the  Presi 
dent's  order,  but  on  my  again  representing  that 
this  would  compel  the  abandonment  or  postpone 
ment  of  the  movement  to  Manassas,  he  finally 
consented  to  its  postponement. 

At  noon  on  the  tenth  of  March  the  cavalry 
advance  reached  the  enemy's  lines  at  Centreville, 
passing  through  his  recently  occupied  camps  and 
works,  and  finding  still  burning  heaps  of  mili 
tary  stores  and  much  valuable  property. 

Immediately  after  being  assigned  to  the  com 
mand  of  the  troops  around  Washington,  I  or 
ganized  a  secret  service  force,  under  Mr.  E.  J. 
Allen,  a  very  experienced  and  efficient  person. 
This  force,  up  to  the  time  I  was  relieved  from 
command,  was  continually  occupied  in  procuring 
from  all  possible  sources  information  regarding 
the  strength,  positions,  and  movements  of  the 
enemy. 

All  spies,  "contrabands,"  deserters,  refugees, 
and  many  prisoners  of  war,  coming  into  our  lines 
from  the  front,  were  carefully  examined,  first  by 
the  outpost  and  division  commanders,  and  then 
by  my  chief  of  staff  and  the  Provost-Marshal 
General.  Their  statements,  taken  in  writing,  and 
in  many  cases  under  oath,  from  day  to  day,  for 
a  long  period  previous  to  the  evacuation  of  Ma 
nassas,  comprised  a  mass  of  evidence  which,  by 
careful  digests  and  collations,  enabled  me  to  es 
timate  with  considerable  accuracy  the  strength 
of  the  enemy  before  us.  Summaries  showing 
the  character  and  results  of  the  labors  of  the 
secret  service  force  accompany  this  report  and 
I  refer  to  them  for  the  facts  they  contain,  and  as 
a  measure  of  the  ignorance  which  led  some  jour 
nals  at  that  time  and  persons  in  high  office  un 
wittingly  to  trifle  with  the  reputation  of  an  army, 
and  to  delude  the  country  with  quaker  gun  sto 
ries  of  the  defences  and  gross  understatements 
of  the  numbers  of  the  enemy. 

The  following  orders  were  issued  for  the  ex 
amination  of  persons  coming  from  the  direction 
of  the  enemy: 

[Circular.] 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
WASHINGTON,  December  16,  1861.        ) 

The  Major-General  Commanding  directs  that 
hereafter  all  deserters,  prisoners,  spies,  "  contra 
bands,"  and  all  other  persons  whatever  coming 
or  brought  within  our  lines  from  Virginia,  shall 
be  taken  immediately  to  the  quarters  of  the  com 
mander  of  the  division  within  whose  lines  they 
may  come  or  be  brought,  without  previous  ex 
amination  by  any  one,  except  so  far  as  may  be 
necessary  for  the  officer  commanding  the  ad 
vance-guard  to  elicit  information  regarding  his 
particular  post ;  that  the  division  commander  ex 
amine  all  such  persons  himself,  or  delegate  such 
duty  to  a  proper  officer  of  his  staff,  and  allow  no 


540 


REBELLION  RECORD,  1862-63. 


other  persons  to  hold  any  communication  with 
them ;  that  he  then  immediately  send  them,  with 
a  sufficient  guard,  to  the  provost-marshal  in  this 
city  for  further  examination  and  safe  keeping, 
and  that  stringent  orders  be  given  to  all  guards 
having  such  persons  in  charge  not  to  hold  any 
communication  with  them  whatever;  and  fur 
ther,  that  the  information  elicited  from  such  per 
sons  shall  be  immediately  communicated  to  the 
Major-General  Commanding,  or  to  the  chief  of 
staff,  and  to  no  other  person  whatever. 

The  Major-General  Commanding  farther  directs 
that  a  sufficient  guard  be  placed  around  every 
telegraph  station  pertaining  to  this  army,  and 
that  such  guards  be  instructed  not  to  allow  any 
person,  except  the  regular  telegraph  corps,  gen 
eral  officers,  and  such  staff-officers  as  may  be 
authorized  by  their  chief,  to  enter  or  loiter  around 
said  stations  within  hearing  of  the  sound  of  the 
telegraph  instruments. 

By  command  of  Major-General  MCCLELLAN. 
S.  WILLIAMS, 

Assistant  Adjutant-General. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
WASHINGTON,  February  26,  1862.         ) 

GENERAL  ORDER  No.  27. 

All  deserters  from  the  enemy,  prisoners,  and 
other  persons  coming  within  our  lines,  will  be 
taken  at  once  to  the  provost-marshal  of  the  near 
est  division,  who  will  examine  them  in  presence 
of  the  division  commander  or  an  officer  of  his 
staff  designated  for  the  purpose.  This  examina 
tion  will  only  refer  to  such  information  as  may 
affect  the  division  and  those  near  it,  especially 
those  remote  from  general  headquarters. 

As  soon  as  this  examination  is  completed — 
and  it  must  be  made  as  rapidly  as  possible — the 
person  will  be  sent,  under  proper  guard,  to  the 
Provost-Marshal  General,  with  a  statement  of 
his  replies  to  the  questions  asked.  Upon  receiv 
ing  him,  the  Provost-Marshal  General  will  at  once 
send  him,  with  his  statement,  to  the  chief  of  staff 
of  the  army  of  the  Potomac,  who  will  cause  the 
necessary  examination  to  be  made.  The  Pro 
vost-Marshal  General  will  have  the  custody  of  all 
such  persons.  Division  commanders  will  at  once 
communicate  to  other  division  commanders  all 
information  thus  obtained  which  affects  them. 

By  command  of  Major-General  MCCLELLAN. 
S.  WILLIAMS, 

Assistant  Adjutant-General. 

In  addition  to  the  foregoing  orders,  the  divi 
sion  commanders  were  instructed,  whenever  they 
desired  to  send  out  scouts  toward  the  enemy,  to 
make  known  the  object  at  headquarters,  in  order 
that  I  might  determine  whether  we  had  the  in 
formation  it  was  proposed  to  obtain,  and  that  I 
might  give  the  necessary  orders  to  other  com 
manders,  so  that  the  scouts  should  not  be  mo 
lested  by  the  guards. 

It  will  be  seen  from  the  report  of  the  chief  of 
the  secret  service  corps,  dated  March  eighth, 
that  the  forces  of  the  rebel  army  of  the  Potomac, 
at  that  date,  were  as  follows : 


At  Manassas,  Centreville,  Bull  Run,  Upper 
Occoquan,  and  vicinity,  eighty  thousand  men  ;  at 
Brooks' s  Station,  Dumfries,  Lower  Occoquan,  and 
vicinity,  eighteen  thousand  men  ;  at  Leesburgh 
and  vicinit}7,  four  thousand  five  hundred  men  ; 
in  the  Shenandoah  Valle}7,  thirteen  thousand  men. 
(3ne  hundred  and  fifteen  thousand  five  hundred 
men. 

About  three  hundred  field  guns  and  from 
twenty-six  to  thirty  siege-guns  were  with  the 
rebel  army  in  front  of  Washington.  The  report 
made  on  the  seventeenth  of  March,  after  the 
evacuation  of  Manassas  and  Centreville,  corrobo 
rates  the  statements  contained  in  the  report  of 
the  eighth,  and  is  fortified  by  the  affidavits  of 
several  railroad  engineers,  constructors,  baggage- 
masters,  etc.,  whose  opportunities  for  forming 
correct  estimates  were  unusually  good.  These 
affidavits  will  be  found  in  the  accompanying  re 
ports  of  the  chief  of  the  secret  service  corps. 

A  reconnoissance  of  the  works  at  Centrevilla 
made  by  Lieutenant  McAlister,  United  States 
engineers,  on  March  fourteenth,  1862,  and  a  sur 
vey  of  those  at  Manassas,  made  by  a  party  of  the 
United  States  coast  survey,  in  April,  1862,  con 
firmed  also  iny  conclusions  as  to  the  strength  of 
the  enemy's  defences.  Those  at  Centreville  con 
sisted  of  two  lines,  one  facing  east  and  the  other 
north.  The  former  consisted  of  seven  works, 
namely,  one  bastion  fort,  two  redoubts,  two 
lunettes,  and  two  batteries  ;  all  containing  em 
brasures  for  forty  guns,  and  connected  by  in 
fantry  parapets  and  double  caponieres.  It  ex 
tended  along  the  crest  of  the  ridge  a  mile  and 
three  quarters  from  its  junction  with  the  north 
ern  front  to  ground  thickly  wooded  and  impass 
able  to  an  attacking  column. 

The  northern  front  extended  about  one  and 
one  fourth  mile  to  Great  Rocky  Run,  and  thence 
three  fourths  of  a  mile  further  to  thickly  wooded, 
impassable  ground  in  the  valley  of  Cub  Run.  It 
consisted  of  six  lunettes  and  batteries  with  em 
brasures  for  thirty-one  guns,  connected  by  an 
infantry  parapet  in  the  form  of  a  cremaillere  line 
with  redans.  At  the  town  of  Centreville,  on  a 
high  hill  commanding  the  rear  of  all  the  works 
within  range,  was  a  large  hexagonal  redoubt 
with  ten  embrasures. 

Manassas  Station  was  defended  in  all  direc 
tions  by  a  system  of  detached  works,  with  plat 
forms  for  heavy  guns  arranged  for  marine  car 
riages,  and  often  connected  by  infantry  parapets. 
This  system  was  rendered  complete  by  a  very 
large  work,  with  sixteen  embrasures,  which  com 
manded  the  highest  of  the  other  works  by  about 
fifty  feet. 

Sketches  of  the  reconnoissances  above  referred 
to  will  be  found  among  the  maps  appended  to 
this  report. 

From  this  it  will  be  seen  that  the  positions  se 
lected  by  the  enemy  at  Centreville  and  Manas 
sas  were  naturally  very  strong,  with  impassable 
streams  and  broken  ground,  affording  ample  pro 
tection  for  their  rlanks,  and  that  strong  lines  of 
intrenchments  swept  all  the  available  approaches. 

Although  the  history  of  every  former  war  haa 


DOCUMENTS. 


541 


con  •\:;isively  shown  the  great  advantages  which 
are  possessed  by  an  array  acting  on  the  defensive 
and  occupying  strong  positions,  defended  by 
heavy  earthworks  ;  yet,  at  the  commencement 
of  this  war,  but  few  civilians  in  our  country, 
and,  indeed,  not  all  military  men  of  rank,  had  a 
just  appreciation  of  the  fact. 

New  levies  that  have  never  been  in  battle  can 
not  be  expected  to  advance  without  cover  under 
the  murderous  fire  from  such  defences,  and  carry 
them  by  assault.  This  is  work  in  which  veteran 
troops  frequently  falter  and  are  repulsed  with 
loss.  That  an  assault  of  the  enemy's  position  in 
front  of  Washington,  with  the  new  troops  com 
posing  the  army  of  the  Potomac,  during  the  win 
ter  of  1861-'62,  would  have  resulted  in  defeat 
and  demoralization,  was  too  probable. 

The  same  army,  though  inured  to  war  in  many 
battles,  hard  fought  and  bravely  won,  has  twice, 
under  other  generals,  suffered  such  disasters  as 
it  was  no  excess  of  prudence  then  to  avoid.  My 
letter  to  the  Secretary  of  War,  dated  February 
third,  1862,  and  given  above,  expressed  the  opin 
ion  that  the  movement  to  the  Peninsula  would  com 
pel  the  enemy  to  retire  from  his  position  at  Ma- 
nassas  and  free  Washington  from  danger.  When 
the  enemy  first  learned  of  that  plan,  they  did 
thus  evacuate  Manassas.  During  the  Peninsula 
campaign,  as  at  no  former  period,  Northern  Vir 
ginia  was  completely  in  our  possession,  and  the 
vicinity  of  Washington  free  from  the  presence  of 
the  enemy.  The  ground  so  gained  was  not  lost, 
nor  Washington  again  put  in  danger,  until  the 
enemy  learned  of  the  orders  for  the  evacuation 
of  the  Peninsula,  sent  to  me  at  Harrison's  Bar, 
and  were  again  left  free  to  advance  northward 
and  menace  the  national  capital.  Perhaps  no 
one  now  doubts  that  the  best  defence  of  Wash 
ington  is  a  Peninsula  attack  on  Richmond. 

My  order  for  the  organization  of  the  army 
corps  was  issued  on  the  thirteenth  of  March  ;  it 
has  been  given  above. 

While  at  Fairfax  Court-House  on  March 
twelfth,  I  was  informed  through  the  telegraph, 
by  a  member  of  my  staff,  that  the  following 
document  had  appeared  in  the  National  Intelli 
gencer  of  that  morning : 

[President's  War  Order  No.  3.] 

EXECUTIVB  MANSION,         ) 
WASHINGTON,  March  11, 1862.  ) 

Major- General  Me  C  lei  Ian  having  personally 
taken  the  field  at  the  head  of  the  army  of  the 
Potomac,  until  otherwise  ordered,  he  is  relieved 
from  the  command  of  the  other  military  depart 
ments,  he  retaining  command  of  the  department 
of  the  Potomac. 

Ordered,  further,  That  the  departments  now 
under  the  respective  commands  of  Generals  Hal- 
leek  and  Hunter,  together  with  so  much  of  that 
under  General  Buell  as  lies  west  of  a  north  and 
south  line  indefinitely  drawn  through  Knoxville, 
Tennessee,  be  consolidated  and  designated  the 
department  of  the  Mississippi ;  and  that,  until 
otherwise  ordered,  Major-General  Halleck  have 
command  of  said  department. 
S.  D.  35. 


Ordered  also,  That  the  country  west  of  the 

department  of  the  Potomac  and  east  of  the  do 

|  partment  of  the  Mississippi  be  a  military  depart 

j  ment,  to  be  called  the  Mountain  department,  and 

!  that  the  same  be  commanded  by  Major-General 

Fremont. 

That  all  the  commanders  of  departments,  after 
the  receipt  of  this  order  by  them,  respectively 
report  severally  and  directly  to  the  Secretary  of 
War,  and  that  prompt,  full,  and  frequent  reports 
will  be  expected  of  all  and  each  of  them. 

ABRAHAM  LINCOLN. 

Though  unaware  of  the  President's  intention 
to  remove  me  from  the  position  of  General-in- 
Chief,  I  cheerfully  acceded  to  the  disposition  he 
saw  fit  to  make  of  my  services,  and  so  informed 
him  in  a  note  on  the  twelfth  of  March,  in  which 
occur  these  words  : 

"  I  believe  I  said  to  you  some  weeks  since,  in 
connection  with  some  western  matters,  that  no 
feeling  of  self-interest  or  ambition  should  ever 
prevent  me  from  devoting  myself  to  the  service. 
I  am  glad  to  have  the  opportunity  to  prove  it, 
and  you  will  find  that,  under  present  circum 
stance,  I  shall  work  just  as  cheerfully  as  before, 
and  that  no  consideration  of  self  will  in  any 
manner  interfere  with  the  discharge  of  my  pub 
lic  duties.  Again  thanking  you  for  the  official 
and  personal  kindness  you  have  so  often  evinced 
toward  me,  I  am,"  etc.,  etc. 

On  the  fourteenth  March  a  reconnoissance  of 
a  large  body  of  cavalry  with  some  infantry,  under 
command  of  General  Stoneman,  was  sent  along 
the  Orange  and  Alexandria  Railroad  to  deter 
mine  the  position  of  the  enemy,  and,  if  possible, 
force  his  rear  across  the  Rappahannock,  but  the 
roads  were  in  such  condition  that,  finding  it  im 
possible  to  subsist  his  men,  General  Stoneman 
was  forced  to  return  after  reaching  Cedar  Run. 

The  following  despatch  from  him  recites  the 
result  of  this  expedition : 

HEADQUARTERS,  UNION  MILLS,  ) 
March  16,  1S62.      f 

We  arrived  here  last  evening  about  dark.  We 
got  corn  for  horses  ;  no  provisions  for  men.  Bull 
Run  too  high  to  cross.  Had  we  staid  an  hour 
longer  we  should  not  have  got  here  to-day,  owing 
to  the  high  water  in  the  streams.  Felt  the  ene 
my  cautiously,  and  found  him  in  force  at  Warren- 
ton  Junction.  Saw  two  regiments  of  cavalry  and 
three  bodies  of  infantry  on  the  other  side  of  Ce 
dar  Run.  Had  we  crossed,  should  not  have  been 
able  to  get  back  for  high  water.  Had  three  men 
of  Fifth  cavalry  hit  driving  in  enemy's  pick 
ets;  one  slightly  wounded  in  the  head.  Enemy 
acted  confidently,  and  followed  us  some  way 
back  on  the  road,  but  did  not  molest  us  in  any 
way.  Enemy's  force  consisted  of  Stuart's  and 
E well's  cavalry,  a  battery  of  artillery,  and  some 
infantry.  Railroad  bridges  all  burned  down  up 
to  Warrenton  Junction  ;  still  entire  beyond,  but 
all  in  readiness  to  burn  at  a  moment's  warning, 
having  dry  wood  piled  upon  them.  Heard  cars 
running  during  night  before  last ;  probably  bring 
ing  up  troops  from  Rappahannock.  Heard  of  tw« 


542 


REBELLION  RECORD,  1862-6S. 


regiments  of  infantry  at  Warrenton  engaged  in 
impressing  the  militia  and  securing  forage.  Heard 
of  a  large  force  of  infantry  this  side  of  Rappahan- 
nock  River,  having  come  up  to  Warrenton  Junc 
tion  from  Acquia  Creek  day  before  yesterday. 
Bridges  all  destroyed  this  side  of  Broad  Run. 
The  aids  who  take  this  will  give  you  further  par 
ticulars. 

Very  respectfully,  etc., 

GEORGE  STONEMAN, 

Brigadier-General  Commanding. 

Colonel  COLBUBN. 

The  main  body  of  the  army  was,  on  the  fif 
teenth  of  March,  moved  back  to  the  vicinity  of 
Alexandria,  to  be  embarked,  leaving  a  part  of 
General  Sumner's  corps  at  Manassas  until  other 
troops  could  be  sent  to  relieve  it.  Before  it  was 
withdrawn  a  strong  reconnoissance,  under  Gen 
eral  Howard,  was  sent  toward  the  Rappahannock, 
the  result  of  which  appears  in  the  following  des 
patch  : 

WARRENTON  JUNCTION,  March  29, 1862. 

Express  just  received  from  General  Howard. 
He  drove  the  enemy  across  the  Rappahannock 
bridge,  and  is  now  in  camp  on  this  bank  of  and 
near  the  Rappahannock  River. 

The  enemy  blew  up  the  bridge  in  his  retreat. 
There  was  skirmishing  during  the  march,  and  a 
few  shots  exchanged  by  the  artillery,  without 
any  loss  on  our  part.  Their  loss,  if  any,  is  not 
known.  General  Howard  will  return  to  this  camp 
to-morrow  morning. 

E.  V.  SUMNER, 

Brigadier-General. 

General  S.  WILLIAMS. 

The  line  of  the  Rappahannock  and  the  Manassas 
Gap  Railroad  was  thus  left  reasonably  secure  from 
menace  by  any  considerable  body  of  the  enemy. 

On  the  thirteenth  of  March  a  souncil  of  war  was 
assembled  at  Fairfax  Court-House,  to  discuss  the 
military  status.  The  President's  Order  Number 
Three,  of  March  eighth,  was  considered.  The 
following  is  a  memorandum  of  the  proceedings  of 
the  council : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,         ) 
FAIRFAX  COURT-HOUSE,  March  13,  1862.  J 

A  council  of  the  generals  commanding  army 
corps,  at  the  headquarters  of  the  army  of  the  Po 
tomac,  were  of  the  opinion — 

I.  That  the  enemy  having  retreated  from  Ma 
nassas  to  Gordonsville,  behind  the  Rappahannock 
and  Rapidan,  it  is  the  opinion  of  the  generals  com 
manding  army  corps  that  the  operations  to  be  car 
ried  on  will  be  best  undertaken  from  Old  Point 
Comfort,  between  the  York  and  James  Rivers : 
Provided, 

1st.  That  the  enemy's  vessel,  Merrimac,  can  be 
neutralized. 

2d.  That  the  means  of  transportation,  sufficient 
for  an  immediate  transfer  of  the  force  to  its  new 
base,  can  be  ready  at  Washington  and  Alexandria 
to  move  down  the  Potomac ;  and, 

3d.  That  a  naval  auxiliary  force  can  be  had  to 
silence,  or  aid  in  silencing,  the  enemy's  batteries 
rvn  the  York  River. 


4th.  That  the  force  to  be  left  to  cover  Washington 
shall  be  such  as  to  give  an  entire  feeling  of  secur 
ity  for  its  safety  from  menace.  (Unanimous.) 

II.  If  the  foregoing  cannot  be,  the  army  should 
then  be  moved  against  the  enemy,  behind  the 
Rappahannock,  at  the  earliest  possible  moment, 
and  the  means  for  reconstructing  bridges,  repair 
ing  railroads,  and  stocking  them  with  materials 
sufficient  for  supplying  the  army,  should  at 
once  be  collected,  for  both  the  Orange  and  Alex 
andria  and  Acquia  and  Richmond  Railroads. 
(Unanimous.) 

N.  B.— That  with  the  forts  on  the  right  bank  of 
the  Potomac  fully  garrisoned,  and  those  on  tbf 
left  bank  occupied,  a  covering  force  in  front  of  the 
Virginia  line  of  twenty-five  thousand  men  would 
suffice.  (Keyes,  Heintzelman,  and  McDowell.) 
A  total  of  forty  thousand  men  for  the  defence  of 
the  city  would  suffice.  (Surnner.) 

This  was  assented  to  by  myself,  and  immedi 
ately  communicated  to  the  War  Department.  The 
following  reply  was  received  the  same  day : 

WAR  DEPARTMENT,  March  18, 1862. 
The  President  having  considered  the  plan  of 
operations  agreed  upon  by  yourself  and  the  com 
manders  of  army  corps,  makes  no  objection  to  the 
same,  but  gives  the  following  directions  as  to  its 
execution : 

1.  Leave  such  force  at  Manassas  Junction  as 
shall  make  it  entirely  certain  that  the  enemy  shall 
not  repossess  himself  of  that  position  and  line  of 
communication. 

2.  Leave  Washington  entirely  secure. 

3.  Move  the  remainder  of  the  force  down  the 
Potomac,  choosing  a  new  base  at  Fortress  Mon 
roe,  or  anywhere  between  here  and  there,  or,  at 
all  events,  move  such  remainder  of  the  ariny  at 
once  in  pursuit  of  the  enemy  by  some  route. 

EDWIN  M.  STANTOX, 

Secretary  of  War. 

Major-General  GEORGE  B.  MCCLELI.AN. 

My  preparations  were  at  once  begun  in  accord 
ance  with  these  directions,  and  on  the  sixteenth 
of  March  the  following  instructions  were  sent  to 
Generals  Banks  and  Wadsworth : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  J 
March  16,  13(52.      f 

SIR  :  You  will  post  your  command  in  the  vicin 
ity  of  Manassas,  intrench  yourself  strongly,  and 
throw  cavalry  pickets  well  out  to  the  front. 

Your  first  care  will  be  the  rebuilding  of  the 
railway  from  Washington  to  Manassas,  and  to 
Strasburgh,  in  order  to  open  your  communica 
tions  with  the  valley  of  the  Shenandoah.  Ag 
soon  as  the  Manassas  Gap  Railway  is  in  running 
order,  intrench  a  brigade  of  infantry,  say  four  re 
giments,  with  two  batteries,  at  or  near  the  point 
where  the  railway  crosses  the  Shenandoah.  Some 
thing  like  two  regiments  of  cavalry  should  be  left 
in  that  vicinity  to  occupy  Winchester  and  thor 
oughly  scour  the  country  south  of  the  rail  way  and 
up  the  Shenandoah  Valley,  as  well  as  through 
Chester  Gap,  which  might  perhaps  be  advanta 
geously  occupied  by  a  detachment  of  infantry,  well 


DOCUMENTS. 


543 


intrenched.  Block-houses  should  be  built  at  all 
the  railway  bridges.  Occupy  by  grand  guards 
Warrenton  Junction  and  Warrenton  itself,  and 
also  some  little  more  advanced  point  on  the  Orange 
and  Alexandria  Railroad,  as  soon  as  the  railway 
bridge  is  repaired. 

Great  activity  should  be  observed  by  the  cav 
alry.  Besides  the  two  regiments  at  Manassas, 
another  regiment  of  cavalry  will  be  at  your  dis 
posal,  to  scout  toward  the  Occoquan,  and  proba 
bly  a  fourth  toward  Leesburgh. 

To  recapitulate,  the  most  important  points 
which  should  engage  your  attention  are  as  fol 
lows  : 

1.  A  strong  force,  well  intrenched,  in  the  vi 
cinity  of   Manassas,   perhaps   even   Centreville, 
and  another  force,  (a  brigade,)  also  well  intrench 
ed,  near  Strasburgh. 

2.  Block-houses  at  the  railway  bridges. 

3.  Constant  employment  of  the  cavalry  well  to 
the  front. 

4.  Grand  guards  at  Warrenton  Junction  and 
in  advance,  as  far  as  the  Rappahannock,  if  pos 
sible. 

5.  Gi  eat  care  to  be  exercised  to  obtain  full  and 
early  information  as  to  the  enemy. 

6.  The  general  object  is  to  cover  the  line  of 
the  Potomac  and  Washington. 

The  above  is  communicated  by  command  of 
Major-General  McClellan. 

S.  WILLIAMS, 

Assistant  Adjutant-General. 

Major-General  N.  P.  BANKS, 

Commanding  Fifth  Corps,  Army  of  the  Potomac. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC.  ) 
March  16,  1862.  f 

SIR  :  The  command  to  which  you  have  been 
assigned,  by  instructions  of  the  President,  as 
Military  Governor  of  the  District  of  Columbia, 
embraces  the  geographical  limits  of  the  District, 
and  will  also  include  the  city  of  Alexandria,  the 
defensive  works  south  of  the  Potomac,  from  the 
Occoquan  to  Difficult  Creek,  and  the  post  of 
Fort  AVashington. 

I  inclose  a  list  of  the  troops  and  of  the  de 
fences  embraced  in  these  limits. 

General  Banks  will  command  at  Manassas 
Junction,  with  the  divisions  of  Williams  and 
Shields,  composing  the  Fifth  corps,  but  you 
should,  nevertheless,  exercise  vigilance  in  your 
front,  carefully  guard  the  approaches  in  that 
quarter,  and  maintain  the  duties  of  advanced- 
guards.  You  will  use  the  same  precautions  on 
either  flank. 

All  troops  not  actually  needed  for  the  police 
of  AVashington  and  Georgetown,  for  the  garri 
sons  north  of  the  Potomac,  and  for  other  indi 
cated  special  duties,  should  be  moved  to  the 
south  side  of  the  river. 

In  the  centre  of  your  front  you  should  post  the 
main  body  of  your  troops,  and  proper  propor 
tions  at  suitable  distances  toward  your  right  and 
left  flanks.  Careful  patrols  will  be  made,  in  or 
der  thoroughly  to  scour  the  country  in  front, 
from  right  to  left. 

H  is  specially  enjoined  upon  you  to  maintain  I 


the  forts  and  their  armaments  in  the  best  possi 
ble  order,  to  look  carefully  to  the  instruction  and 
discipline  of  their  garrisons,  as  well  as  all  other 
troops  under  your  command,  and,  by  frequent 
and  rigid  inspections,  to  insure  the  attainment 
of  these  ends. 

The  care  of  the  railways,  canals,  depots, 
bridges,  and  ferries  within  the  above-named  lim 
its,  will  devolve  upon  you,  and  you  are  to  insure 
their  security  and  provide  for  their  protection  by 
every  means  in  your  power.  You  will  also  pro 
tect  the  depots  of  the  public  stores  and  the 
transit  of  stores  to  troops  in  active  service. 

By  means  of  patrols  you  will  thoroughly  scour 
the  neighboring  country,  south  of  the  Eastern 
Branch,  and  also  on  your  right,  and  you  will  use 
every  possible  precaution  to  intercept  mails, 
goods,  and  persons  passing  unauthorized  to  the 
enemy's  lines. 

The  necessity  of  maintaining  good  order  with 
in  your  limits,  and  especially  in  the  capital  of 
the  nation,  cannot  be  too  strongly  enforced. 

You  will  forward  and  facilitate  the  movement 
of  all  troops  destined  for  the  active  part  of  the 
army  of  the  Potomac,  and  especially  the  transit 
of  detachments  to  their  proper  regiments  and 
corps. 

The  charge  of  the  new  troops  arriving  in 
Washington,  and  of  all  troops  temporarily  there, 
will  devolve  upon  you.  You  will  form  them  into 
provisional  brigades,  promote  their  instruction 
and  discipline,  and  facilitate  their  equipment. 
Report  all  arrivals  of  troops,  their  strength,  com 
position,  and  equipment,  by  every  opportunity. 

Besides  the  regular  reports  and  returns,  which 
you  will  be  required  to  render  to  the  Adjutant- 
General  of  the  army,  you  will  make  to  these 
headquarters  a  consolidated  report  of  your  com 
mand,  every  Sunday  morning,  and  monthly  re 
turns  on  the  first  day  of  each  month. 

The  foregoing  instructions  are  communicated 
by  command  of  Major-General  McClellan. 

S.  AArILLIAMS, 
Assistant  Adjutant-General. 

Brigadier-General  J.  S.  AVADSWOKTH, 

Military  Governor  of  the  District  of  Columbia. 

The  Secretary  of  War  had  expressed  a  desire 
that  I  should  communicate  to  the  AVar  Depart 
ment  my  designs  with  regard  to  the  employment 
of  the  army  of  the  Potomac  in  an  official  form. 
I  submitted,  on  the  nineteenth  of  March,  the  fol 
lowing  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,         ) 
THEOLOGICAL  SEMINARY,  VA.,  March  19,  1862.  ( 

SIR  :  I  have  the  honor  to  submit  the  following 
notes  on  the  proposed  operations  of  the  active 
portion  of  the  army  of  the  Potomac. 

The  proposed  plan  of  campaign  is  to  assume 
Fort  Monroe  as  the  first  base  of  operations,  tak 
ing  the  line  of  Yorktown  and  AArest-Point  upon 
Richmond  as  the  line  of  operations,  Richmond 
being  the  objective  point.  It  is  assumed  that 
the  fall  of  Richmond  involves  that  of  Norfolk 
and  the  whole  of  A7irginia ;  also,  that  we  shall 
fight  a  decisive  battle  between  AVest-Point  and 
Richmond,  to  give  which  battle  the  rebels  wilt 


544 


REBELLION  RECORD,  1862-63. 


concentrate  all  their  available  forces,  understand 
ing,  as  they  will,  that  it  involves  the  fate  of  their 
cause.  It  therefore  follows — 

1st.  That  we  should  collect  all  our  available 
forces  and  operate  upon  adjacent  lines,  maintain 
ing  perfect  communication  between  our  columns. 

2d.  That  no  time  should  be  lost  in  reaching 
the  field  of  battle. 

The  advantages  of  the  peninsula  between  York 
and  James  rivers  are  too  obvious  to  need  ex 
planation  ;  it  is  also  clear  that  West-Point  should 
as  soon  as  possible  be  reached,  and  used  as  our 
main  depot,  that  we  may  have  the  shortest  line 
of  land  transportation  for  our  supplies,  and  the 
use  of  the  York  River. 

There  are  two  methods  of  reaching  this  point — 

1st.  By  moving  directly  from  Fort  Monroe  as 
a  base,  and  trusting  to  the  roads  for  our  sup 
plies,  at  the  same  time  landing  a  strong  corps  as 
near  Yorktown  as  possible,  in  order  to  turn  the 
rebel  lines  of  defence  south  of  Yorktown  ;  then 
to  reduce  Yorktown  and  Gloucester  by  a  siege, 
in  all  probability  involving  a  delay  of  weeks  per 
haps. 

2d.  To  make  a  combined  naval  and  land  at 
tack  upon  Yorktown,  the  first  object  of  the  cam 
paign.  This  leads  to  the  most  rapid  and  decisive 
results.  To  accomplish  this,  the  navy  should  at 
once  concentrate  upon  the  York  River  all  their 
available  and  most  powerful  batteries :  its  re 
duction  should  not  in  that  case  require  many 
hours.  A  strong  corps  would  be  pushed  up  the 
York,  under  cover  of  the  navy,  directly  upon 
West-Point,  immediately  upon  the  fall  of  York- 
town,  and  we  could  at  once  establish  our  new 
base  of  operations  at  a  distance  of  some  twenty- 
five  miles  from  Richmond,  with  every  facility  for 
developing  and  bringing  into  play  the  whole  of 
our  available  force  on  either  or  both  banks  of 
the  James. 

It  is  impossible  to  urge  too  strongly  the  ab 
solute  necessity  of  the  full  cooperation  of  the 
navy  as  a  part  of  this  programme.  Without  it 
the  operations  may  be  prolonged  for  many  weeks, 
and  we  may  be  forced  to  carry  in  front  several 
strong  positions  which  by  their  aid  could  be  turn 
ed  without  serious  loss  of  either  time  or  men. 

It  is  also  of  first  importance  to  bear  in  mind 
the  fact  already  alluded  to,  that  the  capture  of 
Richmond  necessarily  involves  the  prompt  fall  of 
Norfolk,  \vhile  an  operation  against  Norfolk,  if 
successful,  as  the  beginning  of  the  campaign, 
facilitates  the  reduction  of  Richmond  merely  by 
the  demoralization  of  the  rebel  troops  involved, 
and  that  after  the  fall  of  Norfolk  we  should  be 
obliged  to  undertake  the  capture  of  Richmond  by 
the  same  means  which  would  have  accomplished 
it  in  the  beginning,  having  meanwhile  afforded 
the  rebels  ample  time  to  perfect  their  defensive 
arrangements,  for  they  would  well  know,  from 
the  moment  the  army  of  the  Potomac  changed  its 
base  to  Fort  Monroe,  that  Richmond  must  be  its 
ultimate  object. 

It  may  be  summed  up  in  a  few  words,  that, 
for  the  prompt  success  of  this  campaign,  it  is  ab 
solutely  necessary  that  the  navy  should  at  once 


throw  its  whole  available  force,  its  most  powerful 
vessels,  against  Yorktown.  There  is  the  most 
important  point — there  the  knot  to  be  cut.  An 
immediate  decision  upon  the  subject-matter  of 
this  communication  is  highly  desirable,  and  seems 
called  for  by  the  exigencies  of  the  occasion. 

I  am,  sir,  very  respectfully,  your  obedient  ser 
vant,  GEOHGE  B.  McCLELLAN, 

Major-GeneraL 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

In  the  mean  time  the  troops  destined  to  form 
the  active  army  were  collected  in  camps  conve 
nient  to  the  points  of  embarkation,  and  every 
preparation  made  to  embark  them  as  rapidly  as 
possible  when  the  transports  were  ready. 

A  few  days  before  sailing  for  Fort  Monroe, 
while  still  encamped  near  Alexandria,  I  met  the 
President,  by  appointment,  on  a  steamer.  He 
there  informed  me  that  he  had  been  strongly 
pressed  to  take  General  Blenkcr's  division  from 
my  command  and  give  it  to  General  Fremont. 
His  Excellency  was  good  enough  to  suggest  seve 
ral  reasons  for  not  taking  Blenker's  division  from, 
me.  I  assented  to  the  force  of  his  suggestions, 
and  was  extremely  gratified  by  his  decision  to 
allow  the  division  to  remain  with  the  army  of  the 
Potomac.  It  was  therefore  with  surprise  that  I 
received,  on  the  thirty-first,  the  following  note  : 

EXECUTIVE  MANSION,  ) 

WASHINGTON,  March  31, 1862.      j 

MY  DEAR  SIR  :  This  morning  I  felt  constrained 
to  order  Blenker's  division  to  Fremont,  and  I 
write  this  to  assure  you  that  I  did  so  with  great 
pain,  understanding  that  you  would  wish  it  other 
wise.  If  you  could  know  the  full  pressure  of  the 
case,  I  am  confident  that  you  would  justify  it, 
even  beyond  a  mere  acknowledgment  that  the 
Commander-in-Chief  may  order  what  he  pleases. 
Yours,  very  truly, 

A.  LINCOLN. 

Major-General  MCCLELLAN. 

To  this  I  replied,  in  substance,  that  I  regreted 
the  order,  and  could  ill  afford  to  lose  ten  thou 
sand  troops  which  had  been  counted  upon  in 
forming  my  plan  of  campaign,  but  as  there  was 
no  remedy,  I  would  yield,  and  do  the  best  I  could 
without  them.  In  a  conversation  with  the  Pres 
ident  a  few  hours  afterward  I  repeated  verbally 
the  same  thing,  and  expressed  my  regret  that 
Blenker's  division  had  been  given  to  General 
Fremont  from  any  pressure  other  than  the  re 
quirements  of  the  national  exigency.  I  \vas  par 
tially  relieved,  however,  by  the  President's  posi 
tive  and  emphatic  assurance  that  I  might  be 
confident  that  no  more  troops  beyond  these  ten 
thousand  should  in  any  event  be  taken  from  me, 
or  in  any  way  detached  from  my  command. 

At  the  time  of  the  evacuation  of  Manassas  by 
the  enemy,  Jackson  was  at  Winchester,  our  forces 
occupying  Charlestown,  and  Shields's  reaching 
Bunker  Hill  on  the  eleventh.  On  the  morning  of 
the  twelfth,  a  brigade  of  General  Banks' s  troops, 
under  General  Hamilton,  entered  Winchester,  the 
enemy  having  left  at  five  o'clock  the  evenirg  be 


DOCUMENTS. 


545 


fore,  his  rear-guard  of  cavalry  leaving  an  hour 
before  our  advance  entered  the  place.  The  ene 
my  having  made  his  preparations  for  evacuation 
some  days  before,  it  was  not  possible  to  intercept 
his  retreat.  On  the  thirteenth  the  mass  of  Banks's 
corps  was  concentrated  in  the  immediate  vicinity 
of  Winchester,  the  enemy  being  in  the  rear  of 
Strasburgh. 

On  the  nineteenth  General  Shields  occupied 
Strasburgh,  driving  the  enemy  twenty  miles  south 
to  Mount  Jackson. 

On  the  twentieth  the  first  division  of  Banks's 
corps  commenced  its  movement  toward  Manassas, 
in  compliance  with  my  letter  of  instructions  of 
the  sixteenth. 

Jackson  probably  received  information  of  this 
movement,  and  supposed  that  no  force  of  any 
consequence  was  left  in  the  vicinity  of  Winches 
ter,  and  upon  the  falling  back  of  Shields  to  that 
place,  for  the  purpose  of  enticing  Jackson  in  pur 
suit,  the  latter  promptly  followed,  whereupon 
ensued  a  skirmish  on  the  twenty-second,  in  which 
General  Shields  was  wounded,  and  an  affair  at 
Winchester  on  the  twenty-third  resulting  in  the 
defeat  of  Jackson,  who  was  pursued  as  rapidly 
as  the  exhaustion  of  our  troops  and  the  difficulty 
of  obtaining  supplies  permitted.  It  is  presumed 
that  the  full  reports  of  the  battle  of  Winchester 
were  forwarded  direct  to  the  War  Department 
by  General  Banks. 

It  being  now  clear  that  the  enemy  had  no  in 
tention  of  returning  by  the  Manassas  route,  the 
following  letter  of  April  first  was  written  to  Gen 
eral  Banks : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
ON  BOARD  THE  COMMODORE,  April  1,  1862.      ) 

GENERAL  :  The  change  in  affairs  in  the  valley 
of  the  Shenandoah  has  rendered  necessary  a  cor 
responding  departure,  temporarily  at  least,  from 
the  plan  we  some  days  since  agreed  upon. 

In  my  arrangements  I  assume  that  you  have 
with  you  a  force  amply  sufficient  to  drive  Jack 
son  before  you,  provided  he  is  not  reenforced 
largely.  I  also  assume  that  you  may  find  it  im 
possible  to  detach  any  thing  toward  Manassas 
for  some  days,  probably  not  until  the  operations 
of  the  main  army  have  drawn  all  the  rebel  force 
toward  Richmond. 

You  are  aware  that  General  Sumner  has  for 
some  days  been  at  Manassas  Junction  with  two 
divisions  of  infantry,  six  batteries,  and  two  regi 
ments  of  cavalry,  and  that  a  reconnoissance  to 
the  Rappahannock  forced  the  enemy  to  destroy 
the  railway  bridge  at  Rappahannock  Station,  on 
the  Orange  and  Alexandria  Railroad.  Since  that 
time  our  cavalry  have  found  nothing  on  this 
side  the  Rappahannock  in  that  direction,  and  it 
seems  clear  that  we  have  no  reason  to  fear  any 
return  of  the  rebels  in  that  quarter.  Their  move 
ments  near  Fredericksburgh  also  indicate  a  final 
abandonment  of  that  neighborhood.  I  doubt 
whether  Johnston  will  now  reenforce  Jackson 
with  a  view  of  offensive  operations.  The  time 
is  probably  passed  when  he  could  have  gained 
any  thing  by  doing  so.  I  have  ordered  in  one  of 
Sumner' s  divisions  (that  of  Richardson,  late  Sum 


ner' s)  to  Alexandria  for  embarkation.  Blenker's 
has  been  detached  from  the  army  of  the  Potomac 
'  and  ordered  to  report  to  General  Fremont. 

Abercrombie  is  probably  at  Warrenton  Junc- 
j  tion  to-day.  Geary  is  at  White  Plains. 

Two  regiments  of  cavalry  have  been  ordered 
out,  and  are  now  on  the  way  to  relieve  the  two 
regiments  of  Sumner. 

Four  thousand  infantry  and  one  battery  leave 
I  Washington  at  once  for  Manassas.     Some  three 
|  thousand  more  will  move  in  one  or  two  days,  and 
soon  after  some  three  thousand  additional. 

I  will  order  Blenker  to  march  on  Strasburgh 
and  to  report  to  you  for  temporary  duty,  so. that 
should  you  find  a  large  force  in  your  front  you 
can  avail  yourself  of  his  aid  as  soon  as  possible. 
Please  direct  him  to  Winchester,  thence  to  report 
to  the  Adjutant-General  or  the  army  for  orders  ; 
but  keep  him  until  you  are  sure  what  you  have 
in  front. 

In  regard  to  your  own  movements,  the  most 
important  thing  at  present  is  to  throw  Jackson 
|  well  back,  and  then  to  assume  such  a  position  as 
to  enable  you  to  prevent  his  return.     As  soon  as 
I  the  railway  communications  are  reestablished  it 
j  will  be  probably  important  and  advisable  to  move 
j  on  Staunton,  but  this  would  require  secure  com 
munications,    and   a   force   of  from    twenty-five 
thousand  to  thirty  thousand  for  active  operations. 
It  should  also  be  nearly  coincident  with  my  own 
move  on  Richmond,  at  all  events  not  so  long  be 
fore  it  as  to  enable  the  rebels  to  concentrate  on 
you,  and  then  return  on  me.     I  fear  that  you 
cannot  be  ready  in  time,  although  it  may  come  in 
very  well  with  a  force  less  than  that  I  have  men 
tioned,    after  the   main   battle   near   Richmond. 
When  General  Sumner  leaves  Warrenton  Junc 
tion,  General  Abercrombie  will  be  placed  in  im 
mediate  command  of  Manassas  and  Warrenton 
Junction,  under  your  general  orders.     Please  in 
form  me  frequently  by  telegraph  and  otherwise 
as  to  the  state  of  things  in  your  front. 
I  am  very  truly  yours, 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 
Major-General  N.  P.  BANKS, 

Commanding  Fifth  Corps. 

P.  S. — From  what  I  have  just  learned,  it  would 
seem  that  the  regiments  of  cavalry  intended  for 
Warrenton  Junction  have  gone  to  Harper's  Ferry. 
Of  the  four  additional  regiments  placed  under 
your  orders,  two  should  as  promptly  as  possible 
move  by  the  shortest  route  on  Warrenton  Junc 
tion. 

I  am  sir,  very  respectfully,  your  obedient  ser 
vant,  GEORGE  B.McCLELLAN, 

Major-General  Commanding. 

This  letter  needs  no  further  explanation  than 
to  say  that  it  was  my  intention,  had  the  opera- 
tions  in  that  quarter  remained  under  my  charge, 
either  to  have  resumed  the  defensive  position 
marked  out  in  the  letter  of  March  sixteenth,  or 
to  have  advanced  General  Banks  upon  Staunton 
as  might  in  the  progress  of  events  seem  advisable, 

It  is  to  be  remembered  that  when  I  wrote  th« 


546 


REBELLION  RECORD,  1862-63. 


preceding  and  following  letters  of  April  first  I 
had  no  expectation  of  being  relieved  from  the 
charge  of  the  operations  in  the  Shenandoah  Val 
ley,  the  President's  War  Order  No.  3  giving  no  in 
timation  of  such  an  intention,  and  that  so  far  as 
reference  was  made  to  final  operations  after  driv 
ing  Jackson  back  and  taking  such  a  position  as 
to  prevent  his  return,  no  positive  orders  were 
given  in  the  letter,  the  matter  being  left  for  future 
consideration,  when  the  proper  time  arrived  for  a 
decision. 

From  the  following  letter  to  the  Adjutant-Gen 
eral,  dated  April  first,  1862,  it  will  be  seen  that 
I  left  for  the  defence  of  the  national  capital  and 
its  approaches,  when  I  sailed  for  the  Peninsula, 
seventy-three  thousand  four  hundred  and  fifty-six 
men,  with  one  hundred  and  nine  pieces  of  light 
artillery,  including  the  thirty-two  pieces  in  Wash 
ington  alluded  to,  but  not  enumerated  in  my  let 
ter  to  the  Adjutant-General.  It  will  also  be  seen 
that  I  recommended  other  available  troops  in  New- 
York  (more  than  four  thousand)  to  be  at  once 
ordered  forward  to  reenforce  them. 

HBADQITARTERS  ARMY  OF  THB  POTOMAC,  I 
STEAMER  COMMODORE,  April  1,  1862.      f 

GENERAL  :  I  have  to  request  that  you  will  lay 
the  following  communication  before  the  Hon.  Sec- 
retar}'-  of  War. 

The  approximate  numbers  and  positions  of  the 
troops  left  near  and  in  rear  of  the  Potomac  are  as 
follows  : 

General  Dix  has,  after  guarding  the  railroads 
jnder  his  charge,  sufficient  to  give  him  five  thou 
sand  for  the  defence  of  Baltimore,  and  one  thou 
sand  nine  hundred  and  eighty-eight  available  for 
the  Eastern  shore,  Annapolis,  etc.  Fort  Delaware 
is  very  well  garrisoned  by  about  four  hundred 
men. 

The  garrisons  of  the  forts  around  Washington 
amount  to  ten  thousand  six  hundred  men  ;  other 
disposable  troops  now  with  General  Wadsworth 
about  eleven  thousand  four  hundred  men. 

The  troops  employed  in  guarding  the  various 
railways  in  Maryland  amount  to  some  three 
thousand  three  hundred  and  fifty-nine  men. 
These  it  is  designed  to  relieve,  being  old  regi 
ments,  by  dismounted  cavalry,  and  to  send  for 
ward  to  Manassas. 

General  Abercrombie  occupies  Warrenton  with 
a  force,  which,  including  Colonel  Geary,  at  White 
Plains,  and  the  cavalry  to  be  at  his  disposal,  will 
amount  to  some  seven  thousand  seven  hundred 
and  eighty  men,  with  twelve  pieces  of  artillery. 

I  have  the  honor  to  request  that  all  the  troops 
organized  for  service  in  Penns}Tlvania  and  New- 
York,  and  in  any  of  the  Eastern  States,  may  be 
ordered  to  Washington.  I  learn  from  Governor 
Ctirtin  that  there  are  some  three  thousand  five 
hundred  men  now  ready  in  Pennsylvania.  This 
force  I  should  be  glad  to  have  sent  to  Manassas. 
Four  thousand  men  from  General  Wadsworth  I 
desire  to  be  ordered  to  Manassas.  These  troops, 
with  the  railroad  guards  above  alluded  to,  will 
make  up  a  force  under  the  command  of  General 


Abercrombie  of  something  like  eighteen  thousand 
six  hundred  and  thirty-nine  men. 

It  is  my  design  to  push  General  Blenker's  di 
vision  from  Warrenton  upon  Strasburgh.  He 
should  remain  at  Strasburgh  long  enough  to  allow 
matters  to  assume  a  definite  form  in  that  region 
before  proceeding  to  his  ultimate  destination. 

The  troops  in  the  valley  of  the  Shenandoah  will 
thus,  including  Blenker's  division,  ten  thousand 
and  twenty-eight  strong,  with  twenty-four  pieces 
of  artillery  ;  Banks's  Fifth  corps,  which  embraces 
the  command  of  General  Shields,  nineteen  thou 
sand  six  hundred  and  eighty-seven  strong,  with 
forty-one  guns,  some  three  thousand  six  hundred 
and  fifty-two  disposable  cavalry,  and  the  railroad 
guards,  about  two  thousand  one  hundred  men, 
amount  to  about  thirty -five  thousand  four  hun 
dred  and  sixty-seven  men. 

It  is  designed  to  relieve  General  Hooker  by 
one  regiment,  say  eight  hundred  and  fifty  men, 
being,  with  some  five  hundred  cavalry,  one  thou 
sand  three  hundred  and  fifty  men  on  the  Lower 
Potomac. 
To  recapitulate  :  At  Warrenton  there 

is  to  be, 7780  men 

At  Manassas,  say, 10,859    " 

In  the  valley  of  the  Shenandoah, 35,467    " 

On  the  Lower  Potomac, 1,350    " 


In  all, 55,456   " 

There  would  thus  be  left  for  the  garrisons  and 
the  front  of  Washington,  under  General  Wads- 
worth,  some  eighteen  thousand,  inclusive  of  tho 
batteries  under  instruction.  The  troops  organ 
izing  or  ready  for  service  in  New-York,  I  learn, 
will  probably  number  more  than  four  thousand. 
These  should  be  assembled  at  Washington,  sub 
ject  to  disposition  where  their  services  may  be 
most  required, 

I  am,  very  respectfully,  your  obedient  servant, 
GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Brig. -General  L.  THOMAS, 

Adjutant-General  United  States  Army. 

The  following  letter  from  General  Barry  shows 
that  thirty-two  (32)  field-guns,  with  men,  horses, 
and  equipments,  were  also  left  in  Washington 
City  when  the  army  sailed.  These  were  the  bat 
teries  under  instruction  referred  to  above : 

HEADQUARTERS  INSPECTOR  OP  ARTILLERY,  ) 
WASHINGTON,  December  16,  1862.        f 

GENERAL  :  It  having  been  stated  in  various 
public  prints,  and  in  a  speech  of  Senator  Chand 
ler,  of  Michigan,  in  his  place  in  the  United  States 
Senate,  quoting  what  he  stated  to  be  a  portion 
of  the  testimony  of  Brigadier-General  Wads- 
worth,  Military  Governor  of  Washington,  before 
the  joint  Senate  and  House  committee  on  the 
conduct  of  the  war,  that  Major-General  McClellan 
had  left  an  insufficient  force  for  the  defence  of 
Washington,  and  not  a  gun  on  wheels. 

I  have  to  contradict  this  charge  as  follows  : 
From  official  reports  made  at  the  time  to  me, 
(the  Chief  of  Artillery  of  the  army  of  the  Poto« 


DOCUMENTS. 


547 


mac,)  and  now  in  my  possession,  by  the  com- !  the  perfect  security  of  Washington  against  any 
manding  officer  of  the  light  artillery  troops  left  force  the  enemy  could  bring  against  it,  for  tho 
in  camp  in  the  city  of  Washington  by  your  or-  following  reasons: 

ders,  it  appears  that  the  following  named  field  The  light  troops  I  had  thrown  forward  under 
batteries  were  left :  General  Stoneman  in  pursuit  of  the  rebel  army, 

Battery  C,  First  New-York  artillery,  Captain  i  after  the  evacuation  of  Manassas  and  Centreville, 
Barnes,  two  guns ;  battery  K,  First  New-York  j  had  driven  their  rear-guard  across  Cedar  Run, 
artillery,  Captain  Crounse,  six  guns ;  battery  L,  j  and  subsequent  expeditions  from  Sumner's  corpi 
Second  New-York  artillery,  Captain  Robinson, 
Ninth  New-York  independent  battery, 


six  guns ; 

Captain  Monzordi,  six  guns ;  Sixteenth  New-York 
independent  battery,  Captain  Locke ;  battery  A, 
Second  battalion  New- York  artillery,  Captain 
Hogan,  six  guns ;  battery  B,  Second  battalion 
New-York  artillery,  Captain  McMahon,  six  guns ; 
total  of  batteries,  thirty-two  guns. 

With  the  exception  of  a  few  horses  which 
could  have  been  procured  from  the  quartermas 
ter's  department  in  a  few  hours,  the  batteries 
were  all  fit  for  immediate  service,  excepting  the 
Sixteenth  New-York  battery,  which  having  been 
previously  ordered,  on  General  Wads  worth's  ap 
plication,  to  report  to  him  for  special  service,  was 
unequipped  with  either  guns  or  horses. 

I  am,  General,  very  respectfully, 
Your  obedient  servant, 

W.  F.  BARRY, 

Brig. -Gen.  Inspector  of  Artillery  United  States  Army. 

Major-General  MCCLELLAN, 

United  States  Army. 

It  is  true  that  Blenker's  division,  which  is  in 
cluded  in  the  force  enumerated  by  me,  was  un 
der  orders  to  reenforce  General  Fremont,  but  the 
following  despatch  from  the  Secretary  of  War, 
dated  March  thirty-first,  1862,  will  show  that  I 
was  authorized  to  detain  him  at  Strasburgh  until 
matters  assumed  a  definite  form  in  that  region, 
before  proceeding  to  his  ultimate  destination ;  in 
other  words,  until  Jackson  was  disposed  of.  And 
had  he  been  detained  there,  instead  of  moving 
on  to  Harper's  Ferry  and  Franklin,  under  other 
orders,  it  is  probable  that  General  Banks  would 
have  defeated  Jackson,  instead  of  being  himself 
obliged  subsequently  to  retreat  to  Williamsport. 

WAR  DEPARTMENT,  ) 

WASHINGTON,  D.  C.,  March  81,  1862.  f 

The  order  in  respect  to  Blenker  is  not  designed 
to  hinder  or  delay  the  movement  of  Richardson, 
or  any  other  force.  He  can  remain  wherever  you 
desire  him  as  long  as  required  for  your  move 
ments,  and  in  any  position  you  desire.  The  or 
der  is  simply  to  place  him  in  position  for  reen- 
forcing  Fremont,  as  soon  as  your  dispositions  will 
permit,  and  he  may  go  to  Harper's  Ferry  by  such 
route  and  at  such  time  as  you  shall  direct.  State 
vour  own  wishes  as  to  the  movement,  when  and 
how  it  shall  be  made. 

EDWIN  M.  ST ANTON, 

Secretary  of  War. 

Major-General  MCCLELLAN. 

Without  including  General  Blenker's  division, 
there  were  left  sixty-seven  thousand  four  hun 
dred  and  twenty-eight  men  and  eighty-five  pieces 
of  light  artillery,  which,  under  existing  circum 
stances,  I  deemed  more  than  adequate  to  insure 


had  forced  them  beyond  the  Rappahannock. 
They  had  destroyed  all  the  railroad  bridges  be 
hind  them,  thereby  indicating  that  they  did  not 
intend  to  return  over  that  route.  Indeed,  if  they 
had  attempted  such  a  movement,  their  progress 
must  have  been  slow  and  difficult,  as  it  would 
have  involved  the  reconstruction  of  the  bridges  ; 
and  if  my  orders  for  keeping  numerous  cavalry 
patrols  well  out  to  the  front,  to  give  timely  no 
tice  of  any  approach  of  the  enemy,  had  been 
strictly  enforced,  (and  I  left  seven  regiments  of 
cavalry  for  this  express  purpose,)  they  could  not 
by  any  possibility  have  reached  Washington  be 
fore  there  would  have  been  ample  time  to  con 
centrate  the  entire  forces  left  for  its  defence,  as 
well  as  those  at  Baltimore,  at  any  necessary 
point. 

It  was  clear  to  my  mind,  as  I  reiterated  to  the 
authorities,  that  the  movement  of  the  army  of 
the  Potomac  would  have  the  effect  to  draw  off 
the  hostile  army  from  Manassas  to  the  defence 
of  their  capital,  and  thus  free  Washington  from 
menace.  This  opinion  was  confirmed  the  mo 
ment  the  movement  commenced,  or  rather  as 
soon  as  the  enemy  became  aware  of  our  inten 
tions  ;  for  with  the  exception  of  Jackson's  force 
of  some  fifteen  thousand,  which  his  instructions 
show  to  have  been  intended  to  operate  in  such 
a  way  as  to  prevent  McDowell's  corps  from  being 
sent  to  reenforce  me,  no  rebel  force  of  any  mag 
nitude  made  its  appearance  in  front  of  Washing 
ton  during  the  progress  of  our  operations  on  the 
Peninsula ;  nor  until  the  order  was  given  for  my 
return  from  Harrison's  Landing  was  Washing 
ton  again  threatened. 

Surrounded,  as  Washington  was,  with  numer 
ous  and  strong  fortifications,  well  garrisoned,  it 
was  manifest  that  the  enemy  could  not  afford  to 
detach  from  his  main  army  a  force  sufficient  to 
assail  them. 

It  is  proper  to  remark,  that  just  previous  to 
my  departure  for  Fort  Monroe,  I  sent  my  Chief 
of  Staff  to  General  Hitchcock,  who  at  that  time 
held  staff  relations  with  His  Excellency  the  Pres 
ident  and  the  Secretary  of  War,  to  submit  to  him 
a  list  of  the  troops  I  proposed  to  leave  for  the 
defence  of  Washington,  and  the  positions  in 
which  I  designed  posting  them.  General  Hitch 
cock,  after  glancing  his  eye  over  the  list,  ob 
served  that  he  was  not  the  judge  of  what  was 
required  for  defending  the  capital ;  that  General 
McClellan's  position  was  such  as  to  enable  him 
to  understand  the  subject  much  better  than  ho 
did,  and  he  presumed  that  if  the  force  designated 
was,  in  his  judgment,  sufficient,  nothing  more 
would  be  required.  He  was  then  told  by  the 
Chief  of  Staff'  that  I  would  be  glad  to  have  his 
opinion,  as  an  old  and  experienced  officer;  t« 


518 


REBELLION   RECORD,  1862-63. 


this  he  replied,  that  as  I  had  h:ul  the  entire  con 
trol  of  the  defences  for  a  long  time,  I  was  the 
best  judge  of  what  was  needed,  and  he  declined 
to  give  any  oth,€"  expression  of  opinion  at  that 
time. 

On  the  second  of  April,  the  day  following  my 
departure  for  Fort  Monroe,  Generals  Hitchcock 
and  Thomas  were  directed  by  the  Secretary  of 
War  to  examine  and  report  whether  the  Presi 
dent's  instructions  to  me,  of  March  eighth  and 
thirteenth  had  been  complied  with  ;  on  the  same 
day  their  report  was  submitted,  and  their  deci 
sion  was — 

That  the  requirement  of  the  President,  that 
this  city  (Washington)  shall  be  left  entirely  se 
cure,  has  not  been  fully  complied  with. 

The  President,  in  his  letter  to  me  on  the  ninth 
of  April,  says :  "  And  now  allow  me  to  ask,  do 
you  really  think  I  should  permit  the  line  from 
Richmond,  via  Manassas  Junction,  to  this  city, 
to  be  entirely  open,  except  what  resistance  could 
be  presented  by  less  than  twenty  thousand  un 
organized  troop's." 

In  the  report  of  Generals  Hitchcock  and  Tho 
mas,  alluded  to,  it  is  acknowledged  that  there 
was  no  danger  of  an  attack  from  the  direction  of 
Manassas,  in  these  words :  "  In  regard  to  occu 
pying  Manassas  Junction,  as  the  enemy  have  de 
stroyed  the  railroads  leading  to  it,  it  may  be  fair  to 
assume  that  they  have  no  intention  of  returning 
for  the  reoccupation  of  their  late  position,  and 
therefore  no  large  force  would  be  necessary  to 
hold  that  position." 

That,  as  remarked  before,  was  precisely  the 
view  I  took  of  it,  and  this  was  enforced  by  the 
subsequent  movements  of  the  enemy. 

In  another  paragraph  of  the  report  it  is  stated 
that  fifty-five  thousand  men  was  the  number  con 
sidered  adequate  for  the  defence  of  the  capital. 
That  General  McClellan,  in  h'is  enumeration  of 
the  forces  left,  had  included  Banks' s  army  corps, 
operating  in  the  Shenandoah  Valley,  but  whether 
this  corps  should  be  regarded  as  available  for  the 
protection  of  Washington,  they  decline  to  express 
an  opinion. 

At  the  time  this  report  was  made,  the  only  en 
emy  on  any  approach  to  Washington  was  Jack 
son's  force,  in  front  of  Banks  in  the  Shenandoah 
Valley,  with  the  Manassas  Gap  Railroad  leading 
from  this  valley  to  Washington ;  and  it  will  be 
admitted,  I  presume,  that  Banks,  occupying  the 
Shenandoah  Valley,  was  in  the  best  position  to 
defend  not  only  that  approach  to  Washington, 
but  the  roads  to  Harper's  Ferry  and  above. 

The  number  of  troops  left  by  me  for  the  defence 
of  Washington,  as  given  in  my  letter  to  the  Ad 
jutant-General,  were  taken  from  the  latest  official 
returns  of  that  date,  and  these,  of  course,  consti 
tuted  the  most  trustworthy  and  authentic  source 
from  which  such  information  could  be  obtained. 

Another  statement  made  by  General  Hitchcock 
before  the  "  Committee  on  the  Conduct  of  the 
War,"  in  reference  to  this  same  order,  should  be 
noticed.  He  was  asked  the  following  question  : 
"  Do  you  understand  now  that  the  movement 
made  by  General  McClellan  to  Fort  Monroe,  and 


up  the  York  River,  was  in  compliance  with  the 
recommendation  of  the  council  of  generals  com 
manding  corps,  and  held  at  Fairfax  Court-Honse 
on  the  thirteenth  of  March  last,  or  in  violation 
of  it?" 

To  which  he  replied  as  follows :  "  I  have  con 
sidered,  and  do  now  consider,  that  it  was  in  vio 
lation  of  the  recommendation  of  that  council  in 
two  important  particulars ;  one  particular  being 
that  portion  of  this  report  which  represents  the 
council  as  agreeing  to  the  expedition  by  way  of 
the  Peninsula,  provided  the  rebel  steamer  Merri- 
mac  could  first  be  neutralized.  That  important 
provision  General  McClellan  disregarded." 


The  second  particular  alluded  to  by  General 
Hitchcock  was  in  reference  to  the  troops  left  for 
the  defence  of  Washington,  which  has  been  dis 
posed  of  above. 

In  regard  to  the  steamer  Merrimac,  I  have  also 
stated  that,  so  far  as  our  operations  on  York  River 
were  concerned,  the  power  of  this  vessel  was  neu 
tralized.  I  now  proceed  to  give  some  of  the  evi 
dence  which  influenced  me  in  coming  to  that 
conclusion. 

Previous  to  our  departure  for  the  Peninsula, 
Mr.  Watson,  Assistant  Secretary  of  War,  was  sent 
by  the  President  to  Fort  Monroe  to  consult  with 
Flag-Officer  Goldsborough  upon  this  subject.  The 
result  of  that  consultation  is  contained  in  the  fol 
lowing  extract  from  the  evidence  of  Admiral  Golds- 
borough  before  the  "  Committee  on  the  Conduct 
of  the  War,"  namely:  "I  told  Mr.  Watson,  As 
sistant  Secretary  of  War,  that  the  President  might 
make  his  mind  perfectly  easy  about  the  Merrimac 
going  up  York  River ;  that  she  could  never  get 
there,  for  I  had  ample  means  to  prevent  that." 

Captain  G.  V.  Fox,  Assistant  Secretary  of  the 
Navy,  testifies  before  the  committee  as  follows : 

"  General  McClellan  expected  the  navy  to  neu 
tralize  the  Merrimac,  and  I  promised  that  it  should 
be  done." 

General  Keyes,  commanding  Fourth  army  corps, 
testifies  as  follows  before  the  committee : 

"  During  the  time  that  the  subject  of  the  change 
of  base  was  discussed,  I  had  refused  to  consent  to 
the  Peninsula  line  of  operations  until  I  had  sent 
word  to  the  Navy  Department  and  asked  two 
questions :  First,  whether  the  Merrimac  was  cer 
tainly  neutralized,  or  not  ?  Second,  whether  the 
navy  was  in  a  condition  to  cooperate  efficiently 
with  the  army  to  break  through  between  York- 
town  and  Gloucester  Point  ?  To  both  of  these, 
answers  were  returned  in  the  affirmative  ;  that  is, 
the  Merrimac  was  neutralized,  and  the  navy  was 
in  a  condition  to  cooperate  efficiently  to  break 
through  between  Yorktown  and  Gloucester 
Point." 

Before  starting  for  the  Peninsula,  I  instructed 
Lieutenant-Colonel  B.  S.  Alexander,  of  the  United 
States  corps  of  engineers,  to  visit  Manassas  Junc 
tion  and  its  vicinity  for  the  purpose  of  determin 
ing  upon  the  defensive  works  necessary  to  enable 
us  to  hold  that  place  with  a  small  force.  The  ac 
companying  letters  from  Colonel  Alexander  will 


DOCUMENTS. 


549 


show  what  steps  were  taken  by  him  to  carry  into 
effect  this  important  order. 

I  regret  to  say  that  those  who  succeeded  me  in 
command  of  the  region  in  front  of  Washington, 
whatever  were  the  fears  for  its  safety,  did  not 
deem  it  necessary  to  carry  out  my  plans  and  in 
structions  to  them.  Had  Manassas  been  placed  in 
condition  for  a  strong  defence,  and  its  communi 
cations  secured  as  recommended  by  Colonel  Al 
exander,  the  result  of  General  Pope's  campaign 
would  probably  have  been  different. 

WASHINGTON,  D.  C.,  April  2, 1862. 
SIR  :  You  will  proceed  to  Manassas  at  as  early 
a  moment  as  practicable  and  mark  on  the  ground 
the  works  for  the  defence  of  that  place,  on  the  posi 
tions  which  I  indicated  to  you  yesterday.  You 
will  find  two  carpenters,  experienced  in  this  kind 
of  work,  ready  to  accompany  you,  by  calling  on 
Mr.  Dougherty,  the  master  carpenter  of  the  Trea 
sury  extension. 

The  general  idea  of  the  defence  of  this  position 
is,  to  occupy  the  fringe  of  elevation  which  lies 
about  half-way  between  Manassas  depot  and  the 
junction  of  the  railroad,  with  a  series  of  works 
open  to  the  rear,  so  that  they  may  be  commanded 
by  the  work  hereafter  to  be  described. 

There  will  be  at  least  four  of  these  works,  three 
of  them  being  on  the  left  of  the  railroad  leading 
from  Alexandria,  at  the  positions  occupied  by 
the  enemy's  works.  The  other  on  the  right  of 
this  road,  on  the  position  we  examined  yesterday. 
The  works  of  the  enemy  to  the  north  of  this  lat 
ter  position,  numbered  One  and  Two,  on  Lieuten 
ant  Comstock's  sketch,  may  also  form  a  part  of 
the  front  line  of  our  defence ;  but  the  sides  of 
those  works  looking  toward  Manassas  Station 
should  be  levelled,  so  that  the  interior  of  the 
works  may  be  seen  from  the  latter  position. 

Embrasures  should  be  arranged  in  all  these 
works  for  field-artillery.  The  approaches  should 
be  such  that  a  battery  can  drive  into  the  works. 
The  number  of  embrasures  in  each  battery  will 
depend  upon  its  size  and  the  ground  to  be  com 
manded.  It  is  supposed  there  will  be  from  four 
to  eight  embrasures  in  each  battery. 

The  other  works  of  the  enemy  looking  toward 
the  east  and  south  may  be  strengthened  so  as  to 
afford  sufficient  defence  in  these  directions.  The 
work  Number  Three  in  Lieutenant  Comstock's 
sketch  may  be  also  strengthened  and  arranged 
for  field-artillery,  when  time  will  permit.  This 
work  is  in  a  good  position  to  cover  a  retreat, 
which  would  be  made  down  the  valley  in  which 
the  railroad  runs  toward  Bull  Run. 

At  Manassas  Station  there  should  be  a  fort  con 
structed.  The  railroad  will  pass  through  this 
fort,  and  the  depot,  if  there  should  be  one  built, 
should  be  placed  in  its  rear.  This  latter  work 
should  be  regarded  as  the  key  to  the  position.  It 
should  be  as  large  as  the  nature  of  the  ground 
will  permit. 

By  going  down  the  slopes,  which  are  not  steep, 
it  may  be  made  large  enough  to  accommodate 
two  thousand  or  three  thousand  men.  The  top 
of  the  position  need  not  be  cut  away ;  it  will  be 


better  to  throw  up  the  earth  into  a  large  traverse, 
which  may  also  be  a  bomb-proof.  Its  profile 
should  be  strong,  and  its  ditches  should  be  flank 
ed.  It  should  receive  a  heavy  armament  of  twen 
ty-four  or  thirty-two-pounders,  with  some  rifled 
(Parrott)  twenty  or  thirty-pounders.  Its  guns 
should  command  all  the  exterior  works,  so  that 
these  works  could  be  of  no  use  to  the  enemy, 
should  he  take  them.  In  accommodating  the 
fort  to  the  ground  this  consideration  should  not 
be  lost  sight  of. 

After  tracing  these  works  on  the  ground,  you 
will  make  a  sketch  embracing  the  whole  of  them, 
showing  their  relative  positions  and  size.  This 
sketch  should  embrace  the  junction  of  the  rail 
roads  and  the  ground  for  some  distance  around 
the  main  work.  It  need  not  be  made  with  ex 
treme  accuracy.  The  distances  may  be  paced, 
or  measured,  with  a  tape-line.  The  bearings  may 
be  taken  by  compass. 

Having  located  the  works  and  prepared  your 
sketch,  you  will  report  to  Captain  Frederick  E. 
Prime,  of  the  corps  of  engineers,  who  will  fur 
nish  you  the  means  of  construction. 

It  is  important  that  these  works  should  be 
built  with  the  least  possible  delay.  You  will, 
therefore,  expedite  matters  as  fast  as  possible. 

Very  respectfully,  your  obedient  servant, 

B.  S.  ALEXANDER, 

Lieutenant-Colonel,  Aid-de-Camp. 

Captain  FRED.  R.  MUNTIIER,  Present. 

WASHINGTON,  April  6, 1862. 

SIR  :  I  inclose  you  herewith  a  copy  of  the  in 
structions  which  I  gave  to  Captain  Munther,  ia 
reference  to  the  defences  of  Manassas. 

As  there  has  been  a  new  department  created, 
(that  of  the  Rappahannock,)  it  is  possible  that 
you  and  I,  as  well  as  General  McClellan,  are  re 
lieved  from  the  further  consideration  of  this  sub 
ject  at  the  present  time. 

I  will,  however,  state  for  your  information, 
should  the  subject  ever  come  before  you  again, 
that  in  my  opinion  the  communication  with  Ma 
nassas  by  land  should  be  secured. 

To  effect  this  in  the  best  manner,  so  far  as  my 
observations  extended,  I  think  the  bridge  over 
Bull  Run,  near  Union  Mills,  and  just  above  the  rail 
road  bridge,  should  be  rebuilt  or  thoroughly  re 
paired,  and  that  a  small  work,  or  two  or  three 
open  batteries,  should  be  erected  on  the  adjacent 
heights  to  protect  it  as  r/ell  as  the  railroad  bridge. 

The  communication  by  land  would  then  be 
hrough  or  near  Centreville,  over  the  road  used 
by  the  enemy. 

I  write  this  for  fear  something  should  detain 
me  here ;  but  I  hope  to  leave  here  to  join  you 
to-morrow.  My  health  is  much  improved. 

Very  respectfully,  your  obedient  servant, 

B.  S.  ALEXANDER, 

Lieutenant-Colonel,  Aid-de-Camp, 

Brigadier-General  J.  G.  BARNARD, 

Chief  Engineer,  Army  of  the  Potomac. 

I  may  be  permitted  also  to  mention  that  the 
plans  (also  unexecuted  by  my  successor)  indi 
cted   in  my  letter  of  instructions   to  General 


550 


REBELLION  RECORD,  1862-63. 


Banks,  dated  March  sixteenth,  1802,  for  intrench 
ing  Chester  Gap  and  the  point  where  the  Manas- 
sas  Railroad  crosses  the  Shenandoah,  were  for  the 
purpose  of  preventing  even  the  attempt  of  such 
a  raid  as  that  of  Jackson  in  the  month  of  May 
following. 

MILITARY    INCIDENTS    OF   THE    FIRST    PERIOD. 

Before  taking  up  the  history  of  the  embarka 
tion  and  Peninsula  campaign,  I  should  remark 
that  during  the  fall  and  winter  of  1861-62,  while 
the  army  of  the  Potomac  was  in  position  in  front 
of  Washington,  reconnoissances  were  made  from 
time  to  time,  and  skirmishes  frequently  occurred, 
which  were  of  great  importance  in  the  education 
of  the  troops,  accustoming  them  to  the  presence 
of  the  enemy,  and  giving  them  confidence  under 
fire.  There  were  many  instances  of  individual 
gallantry  displayed  in  these  affairs ;  the  reports 
of  them  will  be  found  among  the  documents 
which  accompany  this  report. 

One  of  the  most  brilliant  of  these  affairs  was 
that  which  took  place  at  Drainsville,  on  Decem 
ber  twentieth,  1861,  when  the  Third  brigade  of 
McCall's  division,  under  Brigadier-General  E.  0. 
C.  Ord,  with  Easton's  battery,  routed  and  pur 
sued  four  regiments  of  infantry,  one  of  cavalry, 
and  a  battery  of  six  pieces. 

The  operations  of  Brigadier-General  F.  W. 
Lander  on  the  Upper  Potomac,  during  the  months 
of  January  and  February,  1862,  frustrated  the 
attempts  of  General  Jackson  against  the  Balti 
more  and  Ohio  Railroad,  Cumberland,  etc.,  and 
obliged  him  to  fall  back  to  Winchester.  His 
constitution  was  impaired  by  the  hardships  he 
had  experienced,  and  on  the  second  March  the 
fearless  General  Lander  expired,  a  victim  to  the 
excessive  fatigue  of  the  campaign. 

SECOND    PERIOD. 

CHAPTER  I. 

THE  council  composed  of  the  four  corps  com 
manders,  organized  by  the  President  of  the  United 
States,  at  its  meeting  on  the  thirteenth  of  March, 
adopted  Fort  Monroe  as  the  base  of  operations 
for  the  movement  of  the  army  of  the  Potomac 
upon  Richmond.  For  the  prompt  and  successful 
execution  of  the  projected  operation,  it  was  re 
garded  by  all  as  necessary  that  the  whole  of  the 
four  corps  should  be  employed,  with  at  least  the 
addition  of  ten  thousand  men  drawn  from  the 
forces  in  the  vicinity  of  Fortress  Monroe,  that  po 
sition  and  its  dependencies  being  regarded  as  am 
ply  protected  by  the  naval  force  in  its  neighbor 
hood,  and  the  advance  of  the  main  army  up  the 
Peninsula,  so  that  it  could  be  safely  left  with  a 
small  garrison. 

In  addition  to  the  land  forces,  the  cooperation 
of  the  navy  was  desired  in  the  projected  attack 
upon  the  batteries  at  Yorktown  and  Gloucester, 
as  well  as  in  controlling  the  York  and  James  Riv 
ers  for  the  protection  of  our  flanks,  and  the  use 
of  the  transports  bringing  supplies  to  the  army. 
With  these  expectations,  and  for  reasons  stated 
elsewhere  in  this  report,  my  original  plan  of 


moving  by  Urbana  and  West-Point  was  aban 
doned,  and  the  line  with  Fort  Monroe  as  a  base 
adopted.  In  the  arrangements  for  the  transport 
ation  of  the  army  to  the  Peninsula  by  water,  the 
vessels  were  originally  ordered  to  rendezvous 
mainly  at  Annapolis;  but  upon  the  evacuation 
of  Manassas  and  the  batteries  of  the  Lower  Poto 
mac  by  the  enemy,  it  became  more  convenient  to 
embark  the  troops  and  material  at  Alexandria, 
and  orders  to  that  effect  were  at  once  given. 

In  making  the  preliminary  arrangements  for 
the  movement,  it  was  determined  that  the  First 
corps,  General  McDowell's,  should  move  as  a  unit 
first,  and  effect  a  landing  either  at  the  Sand-box, 
some  four  miles  south  of  Yorktown,  in  order  to 
turn  all  the  enemy's  defences  at  Ship  Point,  How 
ard's  Bridge,  Big  Bethel,  etc.,  or  else,  should  ex 
isting  circumstances  render  it  preferable,  land  on 
the  Gloucester  side  of  the  York  River,  and  move 
on  West-Point. 

The  transports,  however,  arrived  slowly  and 
few  at  a  time.  In  order,  therefore,  to  expedite 
matters,  I  decided  to  embark  the  army  by  divi 
sions,  as  transports  arrived,  keeping  army  corps 
together  as  much  as  much  as  possible,  and  to 
collect  the  troops  at  Fort  Monroe.  In  determin 
ing  the  order  of  embarkation,  convenience  and  ex 
pedition  were  especially  consulted,  except  that  the 
First  corps  was  to  be  embarked  last,  as  I  intend 
ed  to  move  it  in  mass  to  its  point  of  disembarka 
tion,  and  to  land  it  on  either  bank  of  the  York, 
as  might  then  be  determined. 

On  the  seventeenth  of  March  Hamilton's  divi 
sion,  of  the  Third  corps,  embarked  at  Alexandria 
and  proceeded  to  Fort  Monroe,  with  the  following 
orders  : 

WASHINGTON,  D.  C.,  March  17, 1862. 

You  will,  on  your  arrival  at  Fort  Monroe,  re 
port  to  General  Wool  and  request  him  to  assign 
you  ground  for  encamping  your  division.  You 
will  remain  at  Fort  Monroe  until  further  orders 
from  General  McClellan.  Should  General  Wool 
require  the  services  of  your  division  in  repelling 
an  attack,  you  will  obey  his  orders  and  use  every 
effort  to  carry  out  his  views. 

R.  B.  MARCY, 

General  C.  S.  HAMILTON,  Chief  of  staff. 

Commanding  Division. 

On  the  twenty-second  of  March,  as  soon  as 
transportation  was  ready,  General  Fitz-John 
Porter's  division,  of  the  same  corps,  embarked. 
General  Heintzelman  was  ordered  to  accompany 
it,  under  the  following  instructions : 

HEADQUARTERS  ARMY  or  THE  POTOMAC,  ) 
SEMINARY,  March  22,  1862.          ) 

GENERAL  :  Upon  the  disembarkation  of  Por 
ter's  division  at  Fort  Monroe,  I  have  to  request 
that  you  will  move  your  two  divisions,  Porter's 
and  Hamilton's,  some  three  or  four  miles  out 
from  the  Fort  to  find  good  camping  places,  where 
wood  and  water  can  be  readily  obtained,  and 
where  your  positions  will  be  good  in  a  defensive 
point  of  view.  You  may  find  it  advisable  to 
place  one  division  on  or  near  the  road  leading  to 
Yorktown  from  Newport  News — the  other  upon 


DOCUMENTS. 


551 


that  leading  to  Yorktown  direct  from  Fort  Mon 
roe.  If  you  find  that  the  nature  of  the  country 
will  permit  easy  communication  and  mutual  sup 
port  between  the  two  divisions,  it  will  be  best  to 
place  one  on  each  road.  It  will  be  best  to  re 
main  pretty  near  the  Fort  for  the  present,  in  or 
der  to  give  the  impression  that  our  object  is  to 
attack  Norfolk  rather  than  Yorktown.  You  will 
do  well,  however,  to  push  strong  reconnoissances 
well  to  the  front  to  ascertain  the  position  of  the 
enemy  and  his  pickets.  I  will,  as  soon  as  possi 
ble,  reenforce  you  by  the  Third  division  of  your 
corps,  and  it  is  probable  that  a  part  or  the  whole 
of  the  Fourth  corps  will  also  move  from  Fort 
Monroe.  This  will  probably  be  determined  be 
fore  your  disembarkation  is  completed,  and  you 
will  be  informed  accordingly. 

My  desire  would  be  to  make  no  important 
move  in  advance  until  we  are  fully  prepared  to 
follow  it  up  and  give  the  enemy  no  time  to  re 
cover. 

The  Quartermaster  of  your  corps  will  receive 
detailed  instructions  in  regard  to  land  transport 
ation  from  General  Van  Vliet. 

It  will  be  advisable  to  mobilize  your  corps  with 
the  least  possible  delay,  and  have  it  prepared  for 
an  advance.  I  have  directed  extra  clothing,  am 
munition,  etc.,  to  be  sent  to  Fort  Monroe,  so 
that  all  deficiencies  may  be  supplied  without 
delay. 

Please  report  to  me  frequently  and  fully  the 
condition  of  things  on  the  new  field  of  oper 
ations,  and  whatever  intelligence  you  gain  as  to 
the  enemy. 

Engage  guides  in  sufficient  numbers  at  once, 
and  endeavor  to  send  out  spies. 
I  am  very  truly,  yours, 

GEO.  B.   McCLELLAN, 
Major-General  Commanding. 

Brigadier-General  S.  P.  HEINTZELMAN, 

Commanding  Third  Corps. 

The  remaining  divisions  embarked  as  rapidly 
as  transports  could  be  supplied. 

On  the  first  of  April  I  embarked  with  the 
headquarters  on  the  steamer  Commodore,  and 
reached  Fort  Monroe  on  the  afternoon  of  the 
second. 

In  consequence  of  the  delay  in  the  arrival  of 
the  horse  transports  at  Alexandria,  but  a  small 
portion  of  the  cavalry  had  arrived,  and  the  artil 
lery  reserve  had  not  yet  completed  its  disem 
barkation. 

I  found  there  the  Third  Pennsylvania  cavalry 
and  the  Fifth  regular  cavalry  ;  the  Second  regu 
lar  cavalry  and  a  portion  of  the  First  had  ar 
rived,  but  not  disembarked.  So  few  wagons  had 
arrived  that  it  was  not  possible  to  move  Casey's 
division  at  all  for  several  days,  while  the  other 
divisions  were  obliged  to  move  with  scant  sup 
plies. 

As  to  the  force  and  position  of  the  enemy  the 
.^formation  then  in  our  possession  was  \ctgue 
and  untrustworthy.  Much  of  it  was  obtained 
Iro'n  the  staff-officers  of  General  Wool,  and  was 
simply  to  the  effect  that  Yorktown  was  surround 
ed  by  a  continuous  line  of  earth-works,  with 


strong  water-batteries  on  the  York  River,  and 
garrisoned  by  not  less  than  fifteen  thousand 
troops,  under  command  of  General  J.  B.  Magru- 
der.  Maps,  which  had  been  prepared  by  the 
topographical  engineers  under  General  Wool's 
command,  were  furnished  me,  in  which  the  War 
wick  River  was  represented  as  flowing  parallel 
to,  but  not  crossing,  the  road  from  Newport 
News  to  Williamsburgh,  making  the  so-called 
Mulberry  Island  a  real  island ;  and  we  had  no 
information  as  to  the  true  course  of  the  Warwick 
across  the  Peninsula,  nor  of  the  formidable  line 
of  works  which  it  covered. 

Information  which  I  had  collected  during  the 
winter  placed  General  Magruder's  command  at 
from  fifteen  thousand  to  twenty  thousand  men, 
independently  of  General  Huger's  force  at  Nor 
folk,  estimated  at  about  fifteen  thousand. 

It  was  also  known  that  there  were  strong  de 
fensive  works  at  or  near  Williamsburgh. 

Knowing  that  General  Huger  could  easily 
spare  some  troops  to  reeenforce  Yorktown,  that 
he  had  indeed  done  so,  and  that  Johnston's  army 
of  Manassas  could  be  brought  rapidly  by  the 
James  and  York  Rivers  to  the  same  point,  I  pro 
posed  to  invest  that  town  without  delay. 

The  accompanying  map  of  Colonel  Cram,  U.  S. 
Topographical  Engineers,  attached  to  General 
Wool's  staff,  given  to  me  as  the  result  of  several 
months'  labor,  indicated  the  feasibility  of  the  de 
sign.  It  was  also  an  object  of  primary  import 
ance  to  reach  the  vicinity  of  Yorktown  before  the  v 
enemy  was  reenforced  sufficiently  to  enable  him 
to  hold  in  force  his  works  at  Big  Bethel,  How 
ard's  Bridge,  Ship  Point,  etc.,  on  the  direct  road 
to  Yorktown  and  Young's  Mills,  on  the  road 
from  Newport  News.  This  was  the  more  ur 
gent,  as  it  was  now  evident  that  some  days  must 
elapse  before  the  First  corps  could  arrive. 

Every  thing  possible  was  done  to  hasten  the 
disembarkation  of  the  cavalry,  artillery,  and 
wagons  in  the  harbor ;  and  on  the  third  the  or 
ders  of  march  were  given  for  the  following  day. 

There  were  at  Fort  Monroe  and  in  its  vicinity 
on  the  third,  ready  to  move,  two  divisions  of  the 
Third  corps,  two  divisions  of  the  Fourth  corps, 
and  one  division  of  the  Second  corps,  and  Sykes's 
brigade  of  regular  infantry,  together  with  Hunt's 
artillery  reserve,  and  the  regiments  of  cavalry  be 
fore  named,  in  all  about  fifty-eight  thousand  meu 
and  one  hundred  guns,  besides  the  division  of 
artillery. 

Richardson's  and  Hooker's  divisions  of  the 
Second  and  Third  corps  had  not  arrived,  and 
Casey's  division  of  the  Fourth  corps  was  unable 
to  move  for  want  of  wagons. 

Before  I  left  Washington  an  order  had  been 
issued  by  the  War  Department  placing  Fort 
Monroe  and  its  dependencies  under  my  control, 
and  authorizing  me  to  draw  from  the  troops  un 
der  General  Wool  a  division  of  about  ten  thou 
sand  men,  which  was  to  be  assigned  to  the  First 
corps. 

During  the  night  of  the  third  I  received  a 
telegram  from  the  Adjutant-General  of  the  army, 
stating  that,  by  the  President's  order,  I  was  da 


552 


REBELLION  RECORD,  1862-63. 


prived  of  all  control  over  General  Wool  and  the 
troops  under  his  command,  and  forbidden  to  de 
tach  any  of  his  troops  without  his  sanction. 

This  order  left  me  without  any  base  of  opera 
tions  under  my  own  control,  and  to  this  day  I 
aui  ignorant  of  the  causes  which  led  to  it. 

On  my  arrival  at  Fort  Monroe  the  James  River 
v^as  declared  by  the  naval  authorities  closed  to 
the  operations  of  their  vessels  by  the  combined 
influence  of  the  enemy's  batteries  on  its  banks 
and  the  confederate  steamers  Merrimac,  York- 
town,  Jamestown,  and  Teazer.  Flag-Officer  j 
Goldsborough,  then  in  command  of  the  United  | 
States  squadron  in  Hampton  Roads,  regarded  it  j 
(and  no  doubt  justly)  as  his  highest  and  most 
imperative  duty  to  watch  and  neutralize  the  Mer 
rimac  ;  and  as  he  designed  using  his  most  pow 
erful  vessels  in  a  contest  with  her,  he  did  not 
feel  able  to  detach  to  the  assistance  of  the  army 
a  suitable  force  to  attack  the  water-batteries  at 
Yorktown  and  Gloucester.  All  this  was  contra 
ry  to  what  had  been  previously  stated  to  me,  and 
materially  affected  my  plans. 

At  no  time  during  the  operations  against  York- 
town  was  the  navy  prepared  to  lend  us  any  ma 
terial  assistance  in  its  reduction  until  after  our 
land-batteries  had  partially  silenced  the  works. 

I  had  hoped,  lot  me  say,  by  rapid  movements, 
to  drive  before  me  or  capture  the  enemy  on  the 
Peninsula,  open  the  James  River,  and  press  on 
to  Richmond  before  he  should  be  materially  re- 
enforced  from  other  portions  of  the  territory. 
As  the  narrative  proceeds,  the  causes  will  be  de 
veloped  wThich  frustrated  these  apparently  well- 
grounded  expectations. 

I  determined  then  to  move  the  two  divisions 
of  the  Fourth  corps  by  the  Newport  News  and 
Williamsburgh  road,  to  take  up  a  position  be 
tween  Yorktown  and  Williamsburgh,  while  the 
two  divisions  of  the  Third  corps  moved  direct 
from  Fort  Monroe  upon  Yorktown  ;  the  reserves 
moving  so  as  to  support  either  corps  as  might 
prove  necessary.  I  designed,  should  the  works 
at  Yorktown  and  Williamsburgh  offer  a  serious 
resistance,  to  land  the  First  corps,  reenforced  if 
necessary,  on  the  left  bank  of  the  York  or  on  the 
Severn,  to  move  it  on  Gloucester  and  West-Point, 
in  order  to  take  in  reverse  whatever  force  the 
enemy  might  have  on  the  Peninsula,  and  compel 
him  to  abandon  his  positions. 

In  the  commencement  of  the  movement  from 
Fort  Monroe,  serious  difficulties  were  encoun 
tered  from  the  want  of  precise  topographical  in 
formation  as  to  the  country  in  advance,  Correct 
local  maps  were  not  to  be  found,  and  the  coun 
try,  though  known  in  its  general  feature,  we 
found  to  be  inaccurately  described  in  essential 
particulars  in  the  only  maps  and  geographical 
memoirs  or  papers  to  which  access  could  be  had. 
Erroneous  courses  to  streams  and  roads  were 
frequently  given,  and  no  dependence  could  be 
placed  on  the  information  thus  derived.  This 
difficulty  has  been  found  to  exist  with  respect  to 
most  portions  of  the  State  of  Virginia,  through 
which  my  military  operations  have  extended. 
Reconnoissances,  frequently  under  fire,  proved 


the  only  trustworthy  sources  of  information. 
Negroes,  however  truthful  their  reports,  pos 
sessed  or  were  able  to  communicate  very  little 
accurate  and  no  comprehensive  topographical  in 
formation. 

On  the  third  the  following  orders  were  given 
for  the  movement  of  the  fourth  : 

"  Porter's  and  Hamilton's  divisions  and  AVer- 
ill's  cavalry  of  the  Third  corps,  and  Sedgwick's 
division  of  the  Second  corps,  under  Brigadier- 
General  Heintzelman,  commanding  Third  corps, 
wrill  move  to-morrow  in  the  following  order: 
Porter's  division  with  Averill's  cavalry  at  six 
A.M.,  over  the  Newmarket  and  New-Bridges  to 
Big  Bethel  and  Howard's  Bridge.  This  division 
will  send  forward  to  the  batteries  where  the  Ship 
Point  roads  intersects  the  main  Yorktown  road  a 
sufficient  force  to  hold  that  point,  and  cut  off  the 
garrison  of  the  Ship  Point  batteries.  The  whole 
division  may  be  used  for  this  purpose  if  necessa 
ry,  and  if  possible  the  batteries  should  be  occu 
pied  by  our  troops  to-morrow.  The  portion  of 
the  division  not  necessary  for  this  purpose  will 
encamp  at  Howard's  Bridge. 

"  Hamilton's  division  will  march  at  seven  AM. 
by  the  New-Bridge  road  to  Big  Bethel,  and  will 
encamp  on  Howard's  Creek. 

"Sedgwick's  division  will  march  at  eight  A.M. 
by  the  Newmarket  Bridge,  taking  the  direct  road 
to  Big  Bethel,  and  will  also  encamp  at  Howard's 
Bridge. 

44  Brigadier-General  Keyes,  commanding  Fourth 
corps,  will  move  with  Smith's  and  Couch's  divi 
sion  at  six  A.M.,  (Smith's  division  in  advance,) 
by  the  James  River  road.  The  Fifth  regular 
cavalry,  temporarily  assigned  to  this  corps,  will 
move  with  Smith's  division,  which  will  encamp 
at  Young's  Mills,  throwing  forward  at  least  one 
brigade  to  the  road  from  Big  Bethel  to  Warwick. 
Couch's  division  will  encamp  at  Fisher's  Creek. 

uThe  reserve  cavalry,  artillery,  and  infantry 
will  move  at  half-past  eight  A.M.,  by  the  New 
market  Bridge,  to  Big  Bethel,  where  it  will  en 
camp.  On  the  march  it  will  keep  in  rear  of 
Sedgwick's  division." 

The  following  is  an  extract  from  the  order  is 
sued  on  the  fourth  for  the  march  of  the  fifth : 

"The  following  movements  of  the  army  wil. 
be  carried  out  to-morrow,  (fifth  :) 

"General  Keyes  will  move  forward  Smith's 
division  at  six  A.M.,  ma  Warwick  Court-House 
and  the  road  leading  near  the  old  ship-yard,  to 
the  '  Half-way  House '  on  the  Yorktown  and  Wil 
liamsburgh  road. 

"General  Couch's  division  will  march  at  six 
A.M.,  to  close  up  on  General  Smith's  division  at 
the  'Half-way  House.' 

"  General  Reyes's  command  will  occupy  and 
hold  the  narrow  dividing  ridge  near  the  'Half 
way  House,'  so  as  to  prevent  the  escape  of  the 
garrison  at  Yorktown  by  land,  and  prevent  ree'n- 
forcements  being  thrown  in. 

"  General  Heintzelman  will  move  fot-vrard  Gen 
eral  Porter's  two  rear  brigades  at  six  A.M.,  upon 
the  advanced-guard,  when  the  entire  division  will 
advance  to  a  point  about  two  and  three  quarter 


DOCUMENTS. 


553 


miles  from  Yorktown,  where  the  road  turns  ab 
ruptly  to  the  north,  and  where  a  road  comes  in 
from  Warwick  Court-House. 

"  General  Hamilton's  division  will  move  at  six 
A.M.,  and  follow  General  Porter's  division,  camp 
ing  as  near  it  as  possible. 

"General  Sedgwick's  division  will  march  at 
five  A.M.  as  far  as  the  Warwick  road,  which 
enters  the  main  Yorktown  road  near  Doctor 
Powers' s  house,  and  will  await  further  orders. 

"The  reserve  will  march  at  six  A.M.  upon  the 
main  Yorktown  road,  halting  for  further  orders 
at  Doctor  Powers's  house  ;  the  infantry  leading, 
the  artillery  following  next,  and  the  cavalry  in 
rear. 

"  General  Sedgwick's  division  will,  for  the  pre 
sent,  act  with  the  reserve,  and  he  will  receive 
orders  from  headquarters." 

In  giving  these  orders  of  march  for  the  fourth 
and  fifth,  it  was  expected  that  there  would  be 
no  serious  opposition  at  Big  Bethel,  and  that  the 
advance  of  the  Third  corps  beyond  that  point 
would  force  the  enemy  to  evacuate  the  works  at 
Young's  Mills,  while  our  possession  of  the  latter 
would  make  it  necessary  for  him  to  abandon 
those  at  Howard's  Bridge,  and  the  advance 
thence  on  Yorktown  would  place  Ship  Point  in 
our  possession,  together  with  its  garrison,  unless 
they  abandoned  it  promptly.  The  result  an 
swered  the  expectation. 

During  the  afternoon  of  the  fourth,  General 
Keyes  obtained  information  of  the  presence  of 
some  five  thousand  to  eight  thousand  of  the  ene 
my  in  a  strong  position  at  Lee's  Mills.  The  na 
ture  of  that  position  in  relation  to  the  Warwick 
not  being  at  that  time  understood,  I  instructed 
General  Keyes  to  attack  and  carry  this  position 
upon  coming  in  front  of  it. 

Early  in  the  afternoon  of  the  fifth  the  advance 
of  each  column  was  brought  to  a  halt,  that  of 
Heintzelman  (Porter's  division)  in  front  of  York- 
town,  after  overcoming  some  resistance  at  Big 
Bethel  and  Howard's  Bridge ;  that  of  Keyes 
(Smith's  division)  unexpectedly  before  the  ene 
my's  works  at  Lee's  Mills,  where  the  road  from 
Newport  News  to  Williarnsburgh  crosses  War 
wick  River. 

The  progress  of  each  column  had  been  retard 
ed  by  heavy  rains  on  that  day,  which  had  made 
the  roads  almost  impassable  to  the  infantry  of 
Keyes's  column,  and  impassable  to  all  but  a 
small  portion  of  the  artillery,  while  the  ammuni 
tion,  provisions,  and  forage  could  not  be  brought 
up  at  all. 

When  General  Keyes  approached  Lee's  Mills 
his  left  flank  was  exposed  to  a  sharp  artillery 
fire  from  the  further  bank  of  the  Warwick,  and 
upon  reaching  the  vicinity  of  the  mill  he  found 
it  altogether  stronger  than  was  expected,  unap 
proachable  by  reason  of  the  Warwick  River,  and 
incapable  of  being  carried  by  assault 

The  troops  composing  the  advance  of  each 
column  were,  during  the  afternoon,  under  a 
warm  artillery  fire,  the  sharp-shooters  even  of 
the  right  column  being  engaged  when  covering 
reconnoissances. 


It  was  at  this  stage  and  moment  of  the  cam 
paign  that  the  following  telegram  was  sent  to 
me : 

ADJUTANT-GENERAL'S  OFFICE.  ) 
April  4,  1S62.      ) 

By  direction  of  the  President,  General  McDow 
ell's  army  corps  has  been  detached  from  the  force 
under  your  immediate  command,  and  the  Gen 
eral  is  ordered  to  report  to  the  Secretary  of  War. 
Letter  by  mail.  L.  THOMAS, 

Adjutant-General. 

General  MCCLELLAN. 

The  President  having  promised  in  an  inter 
view  following  his  order  of  March  thirty-first, 
withdrawing  Blenker's  division  of  ten  thousand 
men  from  my  command,  that  nothing  of  the  sort 
should  be  repeated — that  I  might  rest  assured 
that  the  campaign  should  proceed,  with  no  fur 
ther  deductions  from  the  force  upon  which  its 
operations  had  been  planned  —  I  may  confess 
to  having  been  shocked  at  this  order,  which, 
with  that  of  the  thirty -first  ultimo  and  that  of 
the  third,  removed  nearly  sixty  thousand  men 
from  my  command,  and  reduced  my.  *orce  by 
more  than  one  third  after  its  task  had  been  as 
signed  ;  its  operations  planned  ;  its  fighting  be 
gun.  To  me  the  blow  was  most  discouraging. 
It  frustrated  all  my  plans  for  impending  opera 
tions.  It  fell  when  I  was  too  deeply  committed 
to  withdraw.  It  left  me  incapable  of  continuing 
operations  which  had  been  begun.  It  compelled 
the  adoption  of  another,  a  different  and  a  less  effect 
ive  plan  of  campaign.  It  made  rapid  and  bril 
liant  operations  impossible.  It  was  a  fatal  error. 

It  was  now,  of  course,  out  of  my  power  to  turn 
Yorktown  by  West-Point.  I  had,  therefore,  no 
choice  left  but  to  attack  it  directly  in  front,  as  I 
best  could  with  the  force  at  my  command. 

Reconnoissances  made  under  fire  on  that  and 
the  following  day  determined  that  the  sources  of 
the  Warwick  River  were  near  Yorktown,  com 
manded  by  its  guns,  while  that  stream,  for  some 
distance  from  its  mouth  on  the  James  River,  was 
controlled  by  the  confederate  gunboats  ;  that  the 
fords  had  been  destroyed  by  dams,  the  approach 
es  to  which  were  generally  through  dense  forests 
and  deep  swamps,  and  defended  by  extensive 
and  formidable  works ;  that  timber  felled  for 
defensive  purposes,  and  the  flooding  of  the  roads, 
caused  by  the  dams,  had  made  these  works  ap 
parently  inaccessible  and  impossible  to  turn; 
that  Yorktown  was  strongly  fortified,  armed  and 
garrisoned,  and  connected  with  the  defences  of 
the  Warwick  by  forts  and  intrenchments,  the 
ground  in  front  of  which  was  swept  by  the  guns 
of  Yorktown.  It  was  also  ascertained  that  the 
garrisons  had  been,  and  were  daily  being  reon 
forced  by  troops  from  Norfolk  and  the  army 
under  General  J.  E.  Johnston.  Heavy  rains 
made  the  roads  to  Fort  Monroe  impassable,  and 
delayed  the  arrival  of  troops,  ammunition,  and 
supplies,  while  storms  prevented  for  several  days 
the  sailing  of  transports  from  Hampton  Roads, 
and  the  establishment  of  depots  on  the  creeks  of 
York  River,  near  the  army. 

The  ground  bordering  the  Warwick  River  id 


554 


REBELLION  RECORD,  1862-63. 


covered  by  very  dense  and  extensive  forests,  the 
clearings  being  small  and  few.  This,  with  the 
comparative  flatness  of  the  country,  and  the 
alertness  of  the  enemy,  everywhere  in  force, 
rendered  thorough  reconnoissances  slow,  danger 
ous,  and  difficult,  yet  it  was  impossible  otherwise 
to  determine  whether  an  assault  was  anywhere 
practicable,  or  whether  the  more  tedious  but 
sure  operations  of  a  siege  must  be  resorted  to. 
I  made,  on  the  sixth  and  seventh,  close  per 
sonal  reconnoissances  of  the  right  and  left  of  the 
enemy's  positions,  which,  with  information  ac 
quired  already,  convinced  me  that  it  was  best  to 
prepare  for  an  assault  by  the  preliminary  em 
ployment  of  heavy  guns,  and  some  siege  opera 
tions.  Instant  assault  would  have  been  simple 
folly.  On  the  seventh  I  telegraphed  to  the  Presi 
dent  as  follows : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  } 
April  7,  1862.      f 

Your  telegram  of  yesterday  is  received.  In 
reply,  I  have  the  honor  to  state  that  my  entire 
force  for  duty  amounts  to  only  about  (85,000) 
eighty-five  thousand  men.  General  Wool's  com 
mand,  as  you  will  observe  from  the  accompany 
ing  order,  has  been  taken  out  of  my  control,  al 
though  he  has  most  cheerfully  cooperated  with 
me.  The  only  use  that  can  be  made  of  his  com 
mand  is  to  protect  my  communications  in  rear 
of  this  point.  At  this  time  only  fifty-three 
thousand  men  have  joined  me,  but  they  are 
coming  up  as  rapidly  as  my  means  of  transpor 
tation  will  permit. 

Please  refer  to  my  despatch  to  the  Secretary 
of  War  to-night,  for  the  details  of  our  present 
situation,  GEO.  B.  MCCLELLAN, 

Major-General. 

To  the  PRESIDENT,  Washington,  D.  C. 
On  the  same  day  I  sent  the  following  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 

IN  FBONT  OF  YORKTOWN,  V 

April  7,  1862—7  P.M.      ) 

Your  telegram  of  yesterday  arrived  here  while 
I  was  absent,  examining  the  enemy's  right,  which 
I  did  pretty  closely. 

The  whole  line  of  the  Warwick,  which  really 
heads  within  a  mile  of  Yorktown,  is  strongly  de 
fended  by  detached  redoubts  and  other  fortifica 
tions,  armed  with  heavy  and  light  guns.  The 
approaches,  except  at  Yorktown,  are  covered  by 
the  Warwick,  over  which  there  is  but  one,  or,  at 
most,  two  passages,  both  of  which  are  covered 
by  strong  batteries.  It  will  be  necessary  to  re 
sort  to  the  use  of  heavy  guns,  and  some  siege 
operations,  before  we  assault.  All  the  prisoners 
state  that  General  J.  E.  Johnston  arrived  at 
Yorktown  yesterday  with  strong  reinforcements. 
It  seems  clear  that  I  shall  have  the  whole  force 
of  the  enemy  on  my  hands — probably  not  less 
than  (100,000)  one  hundred  thousand  men,  and 
probably  more.  In  consequence  of  the  loss  of 
Blenker's  division  and  the  First  corps,  my  force  is 
possibly  less  than  that  of  the  enemy,  while  they 
have  all  the  advantage  of  position. 

I  am  under  great  obligations  to  you  for  the 


offer  that  the  whole  force  and  material  of  the 
Government  will  be  as  fully  and  as  speedily  un 
der  my  command  as  heretofore,  or  as  if  the  new 
departments  had  not  been  created. 

Since  my  arrangements  were  made  for  this 
campaign,  at  least  (50,000)  fifty  thousand  men 
have  been  taken  from  my  command.  Since  my 
despatch  of  the  fifth  instant,  five  divisions  have 
been  in  close  observation  of  the  enemy,  and  fre 
quently  exchanging  shots.  When  my  present 
command  all  joins,  I  shall  have  about  (85,000) 
eighty-five  thousand  men  for  duty,  from  which  a 
large  force  must  be  taken  for  guards,  scouts,  etc. 
With  this  army  I  could  assault  the  enemy's  works, 
and  perhaps  carry  them  ;  but  were  I  in  possession 
of  their  intrenchments,  and  assailed  by  double  my 
numbers,  I  should  have  no  fears  as  to  the  result. 

Under  the  circumstances  that  have  been  de 
veloped  since  we  arrived  here,  I  feel  fully  impress 
ed  with  the  conviction  that  here  is  to  be  fought 
the  great  battle  that  is  to  decide  the  existing  con 
test.  I  shall,  of  course,  commence  the  attack  as 
soon  as  I  can  get  up  my  siege  train,  and  shall  do 
all  in  my  power  to  carry  the  enemy's  works,  but 
to  do  this  with  a  reasonable  degree  of  certainty 
requires,  in  my  judgment,  that  I  should,  if  pos 
sible,  have  at  least  the  whole  of  the  First  corps  to 
land  upon  the  Severn  River  and  attack  Gloucester 
in  the  rear. 

My  present  strength  will  not  admit  of  a  detach 
ment  sufficient  for  this  purpose,  without  material 
ly  impairing  the  efficiency  of  this  column.  Flag- 
Officer  Goldsborough  thinks  the  works  too  strong 
for  his  available  vessels,  unless  I  can  turn  Glou 
cester.  I  send,  by  mail,  copies  of  his  letter  and 
one  of  the  commander  of  the  gunboats  here. 

GEO.  B.  McCLELLAX, 

Major-General. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

I  had  provided  a  small  siege  train  and  moderate 
supplies  of  intrenching  tools  for  such  a  contin 
gency  as  the  present.  Immediate  steps  were 
taken  to  secure  the  necessary  additions.  While 
the  engineer  officers  were  engaged  in  ascertaining 
the  character  and  strength  of  all  the  defences, 
and  the  configuration  of  the  ground  in  front  of 
Yorktown,  in  order  to  determine  the  point  of  at 
tack  and  to  develop  the  approaches,  the  troops 
were  occupied  in  opening  roads  to  the  depots  es 
tablished  at  the  nearest  available  points,  on 
branches  of  York  River.  Troops  were  brought  to 
the  front  as  rapidly  as  possible,  and  on  the  tenth 
of  April  the  army  was  posted  as  follows : 

Heintzelman's  corps,  composed  of  Porter's, 
Hooker's,  and  Hamilton's  divisions,  in  front  of 
Yorktown,  extending  in  the  order  named,  from 
the  mouth  of  Worraley's  Creek  to  the  Warwick 
road,  opposite  Winn's  Mills.  Sumner's  corps — 
Sedgwick's  division  only  having  arrived — on  the 
left  of  Hamilton,  extending  down  to  Warwick 
and  opposite  to  Winn's  Mills  works.  Reyes's 
corps,  (Smith's,  Couch's,  and  Casey's  divisions,) 
on  the  left  of  Sedgwick,  facing  the  works  at  tho 
one-gun  battery,  Lee's  Mills,  etc.,  on  the  wes 
bank  of  the  Warwick.  Sumner,  after  tho  sixth 


DOCUMENTS. 


555 


of  April,  commanded  the  left  wing,  composed  of 
his  own  and  Keyes's  corps. 

Throughout  the  preparations  for,  and  during 
the  siege  of  Yorktown,  I  kept  the  corps  under 
General  Keyes,  and  afterward  the  left  wing,  un 
der  General  Sumner,  engaged  in  ascertaining  the 
character  of  the  obstacles  presented  by  the  War 
wick,  and  the  enemy  intrenched  upon  the  right 
bank,  with  the  intention,  if  possible,  of  overcom 
ing  them  and  breaking  that  line  of  defence,  so  as 
to  gain  possession  of  the  road  to  Williamsburgh, 
and  cut  off  Yorktown  from  its  supports  and  sup 
plies.  The  forces  under  General  Heintzelman 
were  engaged  in  similar  efforts  upon  the  works 
between  Winn's  Mills  and  Yorktown.  General 
Keyes's  report  of  the  sixteenth  of  April,  inclosing 
reports  of  brigade  commanders  engaged  in  recon- 
noissances  up  to  that  day,  said :  "  That  no  part  of 
his  (the  enemy's  line  opposite  his  own)  line,  so 
far  as  discovered,  can  be  taken  by  assault  with 
out  an  enormous  waste  of  life." 

Reconnoissances  on  the  right  flank  demonstrat 
ed  the  fact  that  the  Warwick  was  not  passable  in 
that  direction,  except  over  a  narrow  dam,  the 
approaches  to  which  were  swept  by  several  bat 
teries,  and  intrenchments  which  could  be  filled 
quickly  with  supports  sheltered  by  the  timber 
immediately  in  rear. 

General  Barnard,  Chief  Engineer  of  the  army 
of  the  Potomac,  whose  position  entitled  his  opin 
ions  to  the  highest  consideration,  expressed  the 
judgment  that  those  formidable  works  could  not, 
with  any  reasonable  degree  of  certainty,  be  carried 
by  assault.  General  Keyes,  commanding  Fourth 
army  corps,  after  the  examination  of  the  enemy's 
defences  on  the  left,  before  alluded  to,  addressed 
the  following  letter  to  the  Hon.  Ira  Harris,  United 
States  Senate,  and  gave  me  a  copy.  Although 
not  strictly  official,  it  describes  the  situation  at 
that  time  in  some  respects  so  well,  that  I  have 
taken  the  liberty  of  introducing  it  here  : 

HEADQUARTERS  FOURTH  ARMY  CORPS,  ) 
WARWICK  COURT-HOUSE,  VA.,  April  7,  1862.      f 

MY  DEAR  SENATOR  :  The  plan  of  campaign  on 
this  line  was  made  with  the  distinct  understand 
ing  that  four  army  corps  should  be  employed, 
and  that  the  navy  should  cooperate  in  the  taking 
of  Yorktown,  and  also  (as  I  understood  it)  sup 
port  us  on  our  left  by  moving  gunboats  up  James 
River. 

To-day  I  have  learned  that  the  First  corps, 
which  by  the  President's  order  was  to  embrace 
four  divisions,  and  one  division  (Blenker's)  of  the 
Second  corps,  have  been  withdrawn  altogether 
from  this  line  of  operations,  and  from  the  army 
of  the  Potomac.  At  the  same  time,  as  I  am  in 
formed,  the  navy  has  not  the  means  to  attack 
Yorktown,  and  is  afraid  to  send  gunboats  up 
James  River,  for  fear  of  the  Merrimac. 

The  above  plan  of  campaign  was  adopted  unan 
imously  by  Major-General  McDowell  and  Bri 
gadier-Generals  Sumner,  Heintzelman,  and  Keyes, 
and  was  concurred  in  by  Major-General  McClel- 
lan,  who  first  proposed  Urbana  as  our  base. 

This  army  being  reduced  by  forty-five  thousand 


troops,  some  of  them  among  the  best  in  the  ser 
vice,  and  without  the  support  of  the  navy,  the 
plan  to  which  we  are  reduced  bears  scaicely  any 
resemblance  to  the  one  I  voted  for. 

I  command  the  James  River  column,  and  I  left 
my  camp  near  Newport  News  the  morning  of  the 
fourth  instant.  I  only  succeeded  in  getting  my 
artillery  ashore  the  afternoon  of  the  day  before, 
and  one  of  my  divisions  had  not  all  arrived  in 
camp  the  day  I  left,  and  for  the  want  of  trans 
portation  has  not  yet  joined  me.  So  you  will 
observe  that  not  a  day  was  lost  in  the  advance, 
and  in  fact  we  marched  so  quickly  and  so  rapid 
ly,  that  many  of  our  animals  were  twenty-four 
and  forty-eight  hours  without  a  ration  of  forage. 
But  notwithstanding  the  rapidity  of  our  advance, 
we  were  stopped  by  a  line  of  defence  nine  or  ten 
miles  long,  strongly  fortified  by  breastworks, 
erected  nearly  the  whole  distance  behind  a  stream, 
or  succession  of  ponds,  nowhere  fordable,  one 
terminus  being  Yorktown,  and  the  other  ending 
in  the  James  River,  which  is  commanded  by  the 
enemy's  gunboats.  Yorktown  is  fortified  all 
around  with  bastioned  works,  and  on  the  water 
side  it  and  Gloucester  are  so  strong  that  the  navy 
are  afraid  to  attack  either. 

The  approaches  on  one  side  are  generally  though 
low,  swampy,  or  thickly  wooded  ground, over  roads 
which  we  are  obliged  to  repair  or  to  make  before 
we  can  get  forward  our  carriages.  The  enemy 
is  in  great  force,  and  is  constantly  receiving  re- 
enforcements  from  the  two  rivers.  The  line  in 
front  of  us  is  therefore  one  of  the  strongest  ever 
opposed  to  an  invading  force  in  any  country. 

You  will,  then,  ask  why  I  advocated  such  a 
line  for  our  operations?  My  reasons  are  few, 
but  I  think  good. 

With  proper  assistance  from  the  navy  we  could 
take  Yorktown,  and  then  with  gunboats  on  both 
rivers  we  could  beat  any  force  opposed  to  us  on 
Warwick  River,  because  the  shot  and  shell  from 
the  gunboats  would  nearly  overlap  across  the 
Peninsula ;  so  that  if  the  enemy  should  retreat — . 
and  retreat  he  must — he  would  have  a  long  way 
to  go  without  rail  or  steam  transportation,  and 
every  soul  of  his  army  must  fall  into  our  hands 
or  be  destroyed. 

Another  reason  for  my  supporting  the  new 
base  and  plan  was,  that  this  line,  it  was  expected, 
would  furnish  water  transportation  nearly  to 
Richmond. 

Now,  supposing  we  succeed  in  breaking 
through  the  line  in  front  of  us,  what  can  we  do 
itext  ?  The  roads  are  very  bad,  and  if  the  enemy 
retains  command  of  James  River,  and  we  do  not 
first  reduce  Yorktown,  it  would  be  impossible 
for  us  to  subsist  this  army  three  marches  beyond 
where  it  is  now.  As  the  roads  are  at  present,  it 
is  with  the  utmost  difficulty  that  we  can  subsist 
t  in  the  position  it  now  occupies. 

You  will  see,  therefore,  by  what  I  have  said, 
that  the  force  originally  intended  for  the  capture 
of  Richmond  should  be  all  sent  forward.  If  I 
thought  the  four  army  corps  necessary  when  I 
supposed  the  navy  would  cooperate,  and  when  I 
judged  of  the  obstacles  to  be  encountered  by 


556 


REBELLION  RECORD,  18C2-63. 


what  I  learned  from  maps  and  the  opinions  of 
officers  long  stationed  at  Fort  Monroe,  and  from 
all  other  sources,  how  much  more  should  I  think 
the  full  complement  of  troops  requisite  now  that 
the  navy  cannot  cooperate,  and  now  that  the 
strength  of  the  enemy's  lines  and  the  number  of 
his  guns  and  men  prove  to  be  almost  immeasur 
ably  greater  than  I  had  been  led  to  expect.  The 
line  in  front  of  us,  in  the  opinion  of  all  the  mili 
tary  men  here,  who  are  at  all  competent  to  judge, 
is  one  of  the  strongest  in  the  world,  and  the  force 
of  the  enemy  capable  of  being  increased  beyond 
the  numbers  we  now  have  to  oppose  to  him. 
Independently  of  the  strength  of  the  lines  in 
front  of  us,  and  of  the  force  of  the  enemy  be 
hind  them,  we  cannot  advance  until  we  get  com 
mand  of  either  York  River  or  James  River.  The 
efficient  cooperation  of  the  navy  is,  therefore, 
absolutely  essential,  and  so  I  considered  it  when 
I  voted  to  change  our  base  from  the  Potomac  to 
Fort  Monroe. 

An  iron-clad  boat  must  attack  Yorktown  ;  and 
if  several  strong  gunboats  could  be  sent  up 
James  River  also,  our  success  will  be  certain  and 
complete,  and  the  rebellion  will  soon  be  put 
down. 

On  the  other  hand,  we  must  butt  against  the 
enemy's  works  with  heavy  artillery,  and  a  great 
waste  of  time,  life,  and  material. 

If  we  break  through  and  advance,  both  our 
flanks  will  be  assailed  from  two  great  water 
courses  in  the  hands  of  the  enemy ;  our  supplies 
would  give  out,  and  the  enemy,  equal  if  not  supe 
rior  in  numbers,  would,  with  the  other  advan 
tages,  beat  and  destroy  this  army. 

The  greatest  master  of  the  art  of  war  has  said, 
"  that  if  you  would  invade  a  country  successfully 
you  must  have  one  line  of  operations,  and  one 
army,  under  one  general."  But  what  is  our  con 
dition  ?  The  State  of  Virginia  is  made  to  con 
stitute  the  command,  in  part  or  wholly,  of  some 
six  generals,  namely:  Fremont,  Banks,  McDow 
ell,  Wool,  Burnside,  and  McClellan,  besides  the 
scrap  over  the  Chesapeake,  in  the  care  of  Dix. 

The  great  battle  of  the  war  is  to  come  off  here. 
If  we  win  it,  the  rebellion  will  be  crushed — if  we 
lose  it,  the  consequences  will  be  more  horrible 
than  I  care  to  tell.  The  plan  of  campaign  I  voted 
for,  if  carried  out  with  the  means  proposed,  will 
certainly  succeed.  If  any  part  of  the  means 
proposed  are  withheld  or  diverted,  I  deem  it  due 
to  myself  to  say  that  our  success  will  be  uncer 
tain. 

It  is  no  doubt  agreeable  to  the  commander  of 
the  First  corps  to  have  a  separate  department, 
and  as  this  letter  advocates  his  return  to  General 
McClellan's  command,  it  is  proper  to  state  that  I 
am  not  at  all  influenced  by  personal  regard  or 
dislike  to  any  of  my  seniors  in  rank.  If  I  were 
to  credit  all  the  opinions  which  have  been  poured 
into  my  ears,  I  must  believe  that,  in  regard  to  my 
present  fine  command,  I  owe  much  to  General 
McDowell  and  nothing  to  General  McClellan. 
But  I  have  disregarded  all  such  officiousness, 
and  I  have  from  last  July  to  the  present  day  sup 
ported  General  McClellan,  and  obeyed  all  his  or 


ders  with  as  hearty  a  good-will  as  though  he  had 
been  my  brother  or  the  friend  to  whom  I  owed 
most.  I  shall  continue  to  do  so  to  the  last,  and 
so  long  as  he  is  my  commander.  And  T  am  not 
desirous  to  displace  him,  and  would  not  if  I  could. 
He  left  "Washington  with  the  understanding  that 
he  was  to  execute  a  definite  plan  of  campaign 
with  certain  prescribed  moans.  The  plan  was 
good  and  the  menns  sufficient,  and  without  mod 
ification  the  enterprise  was  certain  of  success. 
But  with  the  reduction  of  force  and  means,  the 
plan  is  entirely  changed,  and  is  now  a  bad  plan, 
with  means  insufficient  for  certain  success. 

Do  not  look  upon  this  communication  as  the 
offspring  of  despondency.  I  never  despond  ; 
and  when  you  see  me  working  the  hardest,  you 
may  be  sure  that  fortune  is  frowning  upon  me. 
I  am  working  now  to  my  utmost. 

Please  show  this  letter  to  the  President,  and  I 
should  like  also  that  Mr.  Stanton  should  know 
its  contents.  Do  me  the  honor  to  write  to  me  as 
soon  as  you  can,  and  believe  me,  with  perfect 
respect,  Your  most  obedient  servant, 

E.  D.  KEYES, 

Brigadier-General,  Commanding  Fourth  Army  Corps. 

Hon.  IRA  HARRIS, 
U.  S.  Senate. 

On  the  seventh  of  April,  and  before  the  arri 
val  of  the  divisions  of  Generals  Hooker,  Rich 
ardson,  and  Casey,  I  received  the  following  des 
patches  from  the  President  and  Secretary  of  War  : 

WASHIWIW,  April  6,  1862—8  P.M. 
Yours  of  eleven  A.M.  to-day  received.  Secre 
tary  of  War  informs  me  that  the  forwarding  of 
transportation,  ammunition,  and  Woodbury's  bri 
gade,  under  your  orders,  is  not,  and  will  not  be, 
interfered  with.  You  now  have  over  one  hun 
dred  thousand  troops  with  you,  independent  of 
General  Wool's  command.  I  think  you  better 
break  the  enemy's  line  from  Yorktown  to  War 
wick  River  at  once.  This  will  probably  use  time 
as  advantageously  as  you  can. 

ABRAHAM  LINCOLN. 

President. 

Genera,  G.  B.  MCCLELLAN. 


,  April  6,  18G2—  2  P.M. 

The  President  directs  me  to  say  that  your  des 
patch  to  him  has  been  received.  General  Sum 
mer's  corps  is  on  the  road  to  join  you,  and  will 
go  forward  as  fast  as  possible.  Franklin's  divi 
sion  is  now  on  the  advance  toward  Manassas. 
There  is  no  means  of  transportation  here  to  send 
it  forward  in  time  to  be  of  service  in  your  present 
operations.  Telegraph  frequently,  and  all  in  the 
power  of  the  Government  shall  be  done  to  sus 
tain  you  as  occasion  may  require. 

E.  M.  STANTOV, 

General  G.  B.  MCCLELLAN.  Secretary  of  w*r. 

By  the  ninth  of  April  I  had  acquired  a  pretty 
good  knowledge  of  the  position  and  strength  of 
the  enemy's  works,  and  the  obstacles  to  be  over 
come.  On  that  day  I  received  the  following  let 
ter  from  the  President  : 


DOCUMENTS. 


557 


WASHINGTON,  April  9, 1862. 

MY  DEAR  SIR  :  Your  despatches,  complaining 
that  you  are  not  properly  sustained,  while  they 
do  not  offend,  me,  do  pain  me  very  much. 

Blenker  B  division  was  withdrawn  from  you 
before  you  .eft  here,  and  you  know  the  pressure 
under  which  I  did  it,  and,  as  I  thought,  acqui 
esced  in  it — certainly  not  without  reluctance. 

After  you  left,  I  ascertained  that  less  than 
twenty  thousand  unorganized  men,  without  a 
single  field  battery,  were  all  you  designed  to  be 
loft  for  the  defence  of  Washington  and  Manassas 
Junction,  and  part  of  this  even  was  to  go  to  Gen 
eral  Hooker's  old  position.  General  Banks's 
corps,  once  designed  for  Manassas  Junction,  was 
diverted  and  tied  up  on  the  line  of  Winchester 
and  Strasburgh,  and  could  not  leave  it  without 
again  exposing  the  Upper  Potomac  and  the  Bal 
timore  and  Ohio  Railroad.  This  presented,  or 
would  present,  when  McDowell  and  Sumner 
should  be  gone,  a  great  temptation  to  the  enemy 
to  turn  back  from  the  Rappahannock  and  sack 
Washington.  My  implicit  order  that  Washington 
should,  by  the  judgment  of  all  the  commanders 
of  army  corps,  be  left  entirely  secure,  had  been 
neglected.  It  was  precisely  this  that  drove  me 
to  detain  McDowell. 

I  do  not  forget  that  I  was  satisfied  with  your 
arrangement  to  leave  Banks  at  Manassas  Junc 
tion  :  but  when  that  arrangement  was  broken  up, 
and  nothing  was  substituted  for  it,  of  course  I 
was  constrained  to  substitute  something  for  it 
myself.  And  allow  me  to  ask,  do  you  really 
think  I  should  permit  the  line  from  Richmond, 
via  Manassas  Junction,  to  this  city,  to  be  entirely 
open,  except  what  resistance  could  be  presented 
by  less  than  twenty  thousand  unorganized  troops  ? 
This  is  a  question  which  the  country  will  not  al 
low  me  to  evade. 

There  is  a  curious  mystery  about  the  number 
of  troops  now  with  you.  When  I  telegraphed 
you  on  the  sixth,  saying  you  had  over  a  hundred 
thousand  with  you,  I  had  just  obtained  from  the 
Secretary  of  War  a  statement  taken,  as  he  said, 
from  your  own  returns,  making  one  hundred  and 
eight  thousand  then  with  you  and  en  route  to 
you.  You  now  say  you  will  have  but  eighty- 
five  thousand  when  all  en  route  to  you  shall  have 
reached  you.  How  can  the  discrepancy  of  twen- 
iy-three  thousand  be  accounted  for  ? 

As  to  General  Wool's  command,  I  understand 
it  is  doing  for  you  precisely  what  a  like  number 
of  your  own  would  have  to  do  if  that  command 
was  away. 

I  suppose  the  whole  force  which  has  gone  for 
ward  for  you  is  with  you  by  this  time.  And  if 
so,  I  think  it  is  the  precise  time  for  you  to  strike 
a  blow.  By  delay,  the  enemy  will  relatively  gain 
upon  you — that  is,  he  will  gain  faster  by  fortifi 
cations  and  reinforcements  than  you  can  by  re- 
enforcements  alone.  And  once  more  let  me  tell 
you,  it  is  indispensable  to  you  that  you  strike  a 
blow.  I  am  powerless  to  help  this,  You  will 
do  me  the  justice  to  remember  I  always  insisted 
that  going  down  the  bay  in  search  of  a  field,  in 
stead  of  lighting  at  or  near  Manassas,  was  only 

SUP.  Doc.  36. 


shifting,  and  not  surmounting,  a  difficulty ;  that 
we  would  find  the  same  enemy,  and  the  same  or 
equal  intrenchments,  at  either  place.  The  coun 
try  will  not  fail  to  note,  is  now  noting,  that  the 
present  hesitation  to  move  upon  an  intrenched 
enemy  is  but  the  story  of  Manassas  repeated. 

I  beg  to  assure  you  that  I  have  never  written 
you  or  spoken  to  you  in  greater  kindness  of  feel 
ing  than  now,  nor  with  a  fuller  purpose  to  sus 
tain  you,  so  far  as,  in  my  most  anxious  judgment, 
I  consistently  can.  But  you  must  act. 

Yours,  very  truly, 

A.  LINCOLN. 

Major-General  MCCLELLAN. 

With  great  deference  to  the  opinions  and  wish 
es  of  His  Excellency,  the  President,  I  most  re 
spectfully  beg  leave  to  refer  to  the  facts  which  I 
have  presented  and  those  contained  in  the  ac 
companying  letter  of  General  Keyes,  with  the 
reports  of  General  Barnard  and  other  officers,  as 
furnishing  a  reply  to  the  above  letter.  His  Ex 
cellency  could  not  judge  of  the  formidable  char 
acter  of  the  works  before  us  as  well  as  if  he  had 
been  on  the  ground  ;  and  whatever  might  have 
been  his  desire  for  prompt  action,  (certainly  no 
greater  than  mine,)  I  feel  confident  if  he  could 
have  made  a  personal  inspection  of  the  enemy's 
defences,  he  would  have  forbidden  me  risking  the 
safety  of  the  army  and  the  possible  successes  of 
the  campaign  on  a  sanguinary  assault  of  an  ad 
vantageous  and  formidable  position,  which,  even 
if  successful,  could  not  have  been  followed  up 
to  any  other  or  better  result  than  would  have 
been  reached  by  the  regular  operations  of  a  siege. 
Still  less  could  I  forego  the  conclusions  of  my 
most  instructed  judgment  for  the  mere  sake  of 
avoiding  the  personal  consequences  intimated  in 
the  President's  despatch 

The  following  extracts  from  the  report  of  the 
Chief  Engineer  (Brigadier-General  J.  G.  Barnard) 
embody  the  result  of  our  reconnoissances,  and 
give,  with  some  degree  of  detail,  the  character 
and  strength  of  the  defences  of  Yorktown  and 
the  Warwick,  and  some  of  the  obstacles  which 
the  army  contended  against  and  overcame. 

EXTRACTS    FROM    GENERAL    BARNARD'S    REPORT. 

The  accompanying  drawing  (Map  No.  2)  gives 
with  accuracy  the  outline  and  armament  of  the      > 
fortifications  of  Yorktown  proper,  with  the  de 
tached  works  immediately  connected  with  it. 

The  three  bastioned  fronts,  looking  toward  our 
approaches,  appear  to  have  been  earliest  built, 
and  have  about  fifteen  feet  thickness  of  parapet 
and  eight  feet  to  ten  feet  depth  of  ditch,  the  width 
varying  much,  but  never  being  less  at  top  of  scarp 
than  fifteen  feet — I  think  generally  much  more. 

The  works  extending  around  the  town,  from 
the  western  salient  of  fronts  just  mentioned,  ap 
pear  to  have  been  finished  during  the  past  win 
ter  and  spring.  They  have  formidable  profiles, 
eighteen  feet  thickness  of  parapet,  and  generally 
ten  feet  depth  of  ditch. 

The  water-batteries  had  generally  eighteen  feet 
parapet,  the  guns  in  barbette. 


558 


REBELLION  RECORD,  1862-63. 


They  were  (as  well  as  all  the  works  mention 
ed^  carefully  constructed  with  well-made  sod  re 
vetments. 

There  were  numerous  traverses  between  the 
guns,  tnd  ample  magazines;  how  sufficient  in 
bomb-proof  qualities  I  am  unable  to  say. 

The  two  first  guns  of  the  work  on  the  heights 
bear  upon  the  water  as  well  as  the  land,  and  were 
of  heavy  calibre. 

The  list  herewith  gives  all  the  guns  in  position, 
or  for  which  there  were  emplacements.  The  va 
cant  emplacements  were  all  occupied  before  the 
evacuation  by  siege-guns,  rifled  four  and  a  half- 
inch  twenty-four  pounders,  and  eighteen-pound- 
ers. 

In  Fort  Magruder  (the  first  exterior  work)  there 
were  found  one  eight-inch  columbiad,  one  forty- 
two  pounder,  and  one  eight-inch  siege  howitzer ; 
the  two  former  in  barbette.  The  sketch  will  show 
the  emplacements  for  guns  on  field  and  siege- 
carriages  ;  making,  I  think,  with  the  foregoing, 
twenty-two.  Two  of  these  were  placed  behind 
traverses,  with  embrasures  covered  by  blindages. 

The  two  external  redoubts,  with  the  connecting 
parapets,  formed  a  reentrant  with  the  fronts  of 
attack,  and  all  the  guns  bore  on  our  approaches. 

It  will  be  seen,  therefore,  that  our  approaches 
were  swept  by  the  fire  of  at  least  forty-nine  guns, 
nearly  all  of  which  were  heavy,  and  many  of  them 
the  most  formidable  guns  known.  Besides  that, 
two  thirds  of  the  guns  of  the  water-batteries  and 
all  the  guns  of  Gloucester  bore  on  our  right  bat 
teries,  though  under  disadvantageous  circum 
stances. 

The  ravine  behind  which  the  left  of  the  York- 
town  fronts  of  attack  was  placed  was  not  very 
difficult,  as  the  heads  formed  depressions  in  front 
of  their  left,  imperfectly  seen  by  their  fire,  and 
from  which  access  could  be  had  to  the  ditches  ; 
but  we  could  not  be  sure  of  the  fact  before  the 
evacuation.  The  enemy  held,  by  means  of  a  slight 
breastwork  and  rifle-trenches,  a  position  in  ad 
vance  of  the  heads  of  these  ravines  as  far  forward 
as  the  burnt  house. 

The  ravines  which  head  between  the  Yorktown 
fortifications  and  the  exterior  works  are  deep  and 
intricate.  They  were  tolerably  well  seen,  how 
ever,  by  the  works  which  run  westwardly  from 
the  Yorktown  works,  and  which  were  too  numer 
ous  and  complicated  to  be  traced  on  paper. 

Fort  Magruder,  the  first  lunette  on  our  left,  ap 
pears  to  have  been  built  at  an  early  period. 

The  external  connection  between  this  work  was 
first  a  rifle-trench,  probably  afterward  enlarged 
into  a  parapet,  with  external  ditch  and  an  em 
placement  for  four  guns  in  or  near  the  small  re 
dan  in  the  centre. 

Behind  this  they  had  constructed  numerous 
epaulements,  with  connecting  boyaus  not  fully  ar 
ranged  for  infantry  fires,  and  mainly  intended 
probably  to  protect  thuir  camps  and  reserves 
against  the  destructive  effects  of  our  artillery. 

From  the  "red  redoubt"  these  trenches  and 
epaulements  ran  to  the  woods  and  rivulet  which 
forms  one  head  of  the  Warwick,  and  continue  al 
most  without  break  to  connect  with  the  works  at 


Wynn's  Mill.  This  stream,  just  mentioned,  what- 
ever  be  its  name,  (the  term  u  Warwick,"  accord 
ing  to  some,  applying  only  to  the  tidal  channel 
from  the  James  River  up  as  high  as  Lee's  Mill,) 
was  inundated  by  a  number  of  dams  from  near 
where  its  head  is  crossed  by  the  epaulements  men 
tioned  down  to  Lee's  Mill. 

Below  Lee's  Mill  the  Warwick  follows  a  tortu 
ous  course  through  salt  marshes  of  two  hundred 
yards  or  three  hundred  yards  in  width,  from 
which  the  land  rises  up  boldly  to  a  height  of 
thirty  or  forty  feet. 

The  first  group  of  works  is  at  Wynn's  Mill, 
where  there  is  a  dam  and  bridge.  The  next  is 
to  guard  another  dam  between  Wynn's  anr>  Lee's 
Mills ;  (this  is  the  point  attacked  by  General 
Smith  on  the  sixteenth  ultimo,  and  where  Lieu 
tenant  Merrill  was  wounded ;  the  object  of  the 
attack  was  merely  to  prevent  the  further  construc 
tion  of  works  and  feel  the  strength  of  the  posi 
tion.)  A  work,  of  what  strength  is  not  known, 
was  at  the  sharp  angle  of  the  stream  just  above 
Lee's  Mill,  and  a  formidable  group  of  works  was  at 
Lee's  Mill,  where  there  was  also  a  dam  and  bridge. 

From  Lee's  Mill  a  line  of  works  extends  across 
Mulberry  Island,  or  is  supposed  to  do  so. 

At  Southal's  Landing  is  another  formidable 
group  of  works,  and  from  here,  too,  they  extend 
apparently  across  to  the  James  River. 

These  groups  of  field-works  were  connected  by 
rifle-trenches  or  parapets  for  nearly  the  whole 
distance. 

They  are  far  more  extensive  than  may  be  sup 
posed  from  the  mention  of  them  I  make,  and  every 
kind  of  obstruction  which  the  country  affords, 
such  as  abatis,  marsh,  inundation,  etc.,  was  skil 
fully  used.  The  line  is  certainly  one  of  the  most 
extensive  known  to  modern  times. 

The  country  on  both  sides  of  the  Warwick,  from 
near  Yorktown  down,  is  a  dense  forest  with  few 
clearings.  It  was  swampy,  and  the  roads  impas 
sable  during  the  heavy  rains  we  have  constantly 
had,  except  where  our  own  labors  had  corduroy 
ed  them. 

If  we  could  have  broken  the  enemy's  line  across 
the  isthmus  we  would  have  invested  Yorktown, 
and  it  must,  with  its  garrison,  have  soon  fallen 
into  our  hands.  It  was  not  deemed  practicable, 
considering  the  strength  of  that  line  and  the  diffi 
culty  of  handling  our  forces,  (owing  to  the  im 
practicable  character  of  the  country,)  to  do  so. 

If  we  could  take  Yorktown,  or  drive  the  enemy 
out  of  that  place,  the  enemy's  line  was  no  longer 
tenable.  This  we  could  do  by  siege  operations. 
It  was  deemed  too  hazardous  to  attempt  the  re 
duction  of  the  place  by  assault. 

The  plan  of  the  approaches  and  their  defences 
as  determined  upon  and  finally  executed  is  oxhi- 
bited  on  the  accompanying  map,  (No.  — //  It 
was,  in  words,  to  open  the  first  parallel  as  near 
as  possible  to  the  works  of  the  enemy,  and  under 
its  protection  to  establish  almost  simultaneously 
batteries  abng  the  whole  front,  extending  from 
York  River  on  the  right  to  the  Warwick  on  tho 
left,  a  chord  of  about  one  mile  in  length.  The  prin- 


DOCUMENTS. 


559 


cip*'  approaches  were  directed  against  the  east 
end  of  the  main  work,  which  was  most  heavily 
armed  and  bore  both  on  the  water  and  land,  and  lay 
between  Wormley's  Creek  and  York  River.  There 
also  were  placed  the  most  of  the  batteries  design 
ed  to  act  against  the  land  front  to  enfilade  the 
water-batteries,  and  to  act  upon  Gloucester. 

I  designed  at  the  earliest  moment  to  open  si 
multaneously  with  several  batteries,  and  as  soon 
as  the  enemy's  guns,  which  swept  the  neck  of 
land  between  Wormley's  Creek  and  the  Warwick, 
were  crippled  and  their  fire  kept  down,  to  push 
the  trenches  as  far  forward  as  necessary  and  to 
assault  Yorktown  and  the  adjacent  works. 

The  approaches  to  the  batteries,  the  necessary 
bridges,  and  the  roads  to  the  depots,  had  been 
vigorously  pushed  to  completion  by  the  troops 
under  Generals  Heintzelman  and  Sumner,  and 
were  available  for  infantry,  and  in  some  instances 
for  artillery,  on  the  seventeenth  of  April,  when 
the  batteries  and  their  connections  were  com 
menced,  and  labor  upon  them  kept  up  night  and 
day  until  finished.  Some  of  the  batteries  on  easy 
ground  and  concealed  from  the  view  of  the  enemy 
were  early  completed  and  armed,  and  held  ready 
for  any  emergency,  but  not  permitted  to  open,  as 
the  return  fire  of  the  enemy  would  interfere  too 
much  with  the  labor  on  other  and  more  import 
ant  works.  The  completion  of  the  more  exposed 
and  heaviest  batteries  was  delayed  by  storms, 
preventing  the  landing  of  guns  and  ammunition. 
It  having  been  discovered  that  the  enemy  were 
receiving  artillery  stores  at  the  wharf  in  York- 
town,  on  May  first,  battery  No.  One  was  opened 
with  effect  upon  the  wharf  and  town. 

On  the  twenty-second  of  April  General  Frank 
lin,  with  his  division  from  General  McDowell's 
corps,  had  arrived  and  reported  to  me.  The  gar 
rison  of  Gloucester  Point  had  been  reenforced 
and  the  works  strengthened ;  but  as  this  division 
was  too  small  to  detach  to  the  Severn,  and  no 
more  troops  could  be  spared,  I  determined  to  act 
on  Gloucester  by  disembarking  it  on  the  north 
bank  of  the  York  River,  under  the  protection  of 
the  gunboats.  The  troops  were  mainly  kept  on 
board  ship  while  the  necessary  preparations  were 
made  for  landing  them,  and  supporting  them  in 
case  of  necessity.  For  a  full  account  of  this  labor 
I  refer  to  the  report  of  Lieutenant-Colonel  B.  S. 
Alexander,  of  the  engineer  corps,  detailed  for  this 
expedition. 

While  the  siege  works  were  being  rapidly  com 
pleted,  the  roads  on  the  left  wing  necessary  for 
communication  and  advance  were  opened  and  cor 
duroyed  over  the  marshes,  batteries  were  erected 
to  silence  the  enemy's  guns,  and  drive  him  from 
his  works  at  Wynn's  and  Lee's  Mills,  preparatory 
to  the  general  attack.  Active  reconnoissances 
were  continually  going  on,  and  attempts  in  force 
made  to  drive  the  enemy  from  the  banks. 

The  result  of  various  reconnoissances  made 
under  the  immediate  direction  of  General  W.  F. 
Smith,  commanding  Second  division  Fourth  corps, 
led  to  the  belief  that  the  weakest  point  of  that 
part  of  the  enemy's  lines,  was  opposite  a  field 
where  it  was  ascertained  that  there  was  a  dam 


covered  by  a  battery  known  to  contain  at  least 
one  gun. 

It  was  determined  to  push  a  strong  reconnois- 
sance  on  this  point  to  silence  the  enemy's  fire, 
and  ascertain  the  actual  strength  of  the  position. 
Being  prepared  to  sustain  the  reconnoitring  par 
ty  by  a  real  attack,  if  found  expedient,  General 
W.  F.  Smith  was  directed  to  undertake  the  op 
eration  on  the  sixteenth  of  April.  He  silenced 
the  fire  of  the  enemy's  guns,  discovered  the  ex 
istence  of  other  works  previously  concealed  and 
unknown,  and  sent  a  strong  party  across  the 
stream,  which  was  finally  forced  to  retire  with 
some  loss.  Smith  intrenched  himself  in  a  position 
immediately  overlooking  the  dam  and  the  enemy's 
works,  so  as  to  keep  them  under  control,  and 
prevent  the  enemy  from  using  the  dam  as  a 
means  of  crossing  the  Warwick  to  annoy  us. 

Many  times  toward  the  end  of  the  month  the 
enemy  attempted  to  drive  in  our  pickets,  and  take 
our  rifle-pits  near  Yorktown,  but  always  without 
success. 

As  the  siege  progressed,  it  was  with  great  dif 
ficulty  that  the  rifle-pits  on  the  right  could  be 
excavated  and  held,  so  little  covering  could  be 
made  against  the  hot  fire  of  the  enemy's  artillery 
and  infantry.  Their  guns  continued  firing  up  to 
a  late  hour  of  the  night  of  the  third  of  May. 

Our  batteries  would  have  been  ready  to  open 
on  the  morning  of  the  sixth  May  at  latest ;  but 
on  the  morning  of  the  fourth  it  was  discovered 
that  the  enemy  had  already  been  compelled  to 
evacuate  his  position  during  the  night,  leaving 
behind  him  all  his  heavy  guns,  uninjured,  and  a 
large  amount  of  ammunition  and  supplies.  For 
the  details  of  the  labor  of  the  siege  I  refer  to  the 
accompanying  reports  and  journals  of  Brigadier- 
General  J.  G.  Barnard,  Chief  Engineer,  charged 
with  the  selections,  laying  out,  and  completion 
of  the  approaches  and  batteries ;  of  Brigadier- 
eneral  Wm.  F.  Barry,  Chief  of  Artillery,  charged 
with  arming  and  supplying  with  ammunition  all 
;he  siege  and  field-batteries  ;  and  of  Brigadier- 
General  Fitz-John  Porter,  director  of  the  siege, 
to  whom  were  assigned  the  guarding  of  the 
trenches,  the  assembling  and  distribution  of  the 
working  parties,  etc.  etc. 

Early  in  the  morning  of  the  fourth,  on  the  ene 
my's  abandoning  his  lines  at  Yorktown,  I  ordered 
all  the  available  cavalry  force,  with  four  batteries 
of  horse  artillery,  under  Brigadier-General  Stone- 
man,  Chief  of  Cavalry,  in  immediate  pursuit  by 
the  Yorktown  and  William sburgh  road,  with  or 
ders  to  harass  the  enemy's  rear,  and  try  to  cut 
off  such  of  his  forces  as  had  taken  the  Lee's  Mill 
and  Williamsburgh  road. 

General  Heintzelman  was  directed  to  send 
Hooker's  division  forward  on  the  Yorktown  and 
Williamsburgh  road  to  support  General  Stone- 
man  ;  and  Smith  was  ordered  to  proceed  with  his 
division  upon  the  Lee's  Mill  and  Williamsburgh 
road  for  the  same  purpose.  Afterward,  the  divi 
sions  of  Generals  Kearny,  Couch,  and  Casey,  were 
put  en  route  — the  first  on  the  Yorktown  road, 
and  the  others  on  the  Lee's  Mill  road.  These 
roads  unite  about  a  quarter  of  a  mile  south  of 


560 


REBELLION  RECORD,  1862-63. 


Fort  Magruder,  and  are  connected  by  cross-roads 
at  several  points  between  Yorktown  and  Wil- 
liamsburgh.  After  these  directions  had  been  given. 
General  Sumner  (the  officer  second  in  rank  in  the 
army  of  the  Potomac)  was  ordered  to  proceed  to 
the  front  and  take  immediate  charge  of  opera 
tions  until  rny  arrival. 

General  Stoneman  moved  forward  promptly 
with  his  command,  consisting  of  four  batteries  of 
horse  artillery  under  Lieutenant-Colonel  Hays, 
the  First  and  Sixth  United  States  cavalry,  the 
Third  Pennsylvania  and  Eighth  Illinois,  and  Bar 
ker's  squadron,  meeting  with  but  little  opposition 
until  he  arrived  in  front  of  the  enemy's  works 
about  two  miles  east  of  Williamsburgh. 

At  a  point  about  eight  miles  from  Yorktown, 
in  accordance  with  my  instructions,  he  detached 
General  Emory  with  Benson's  battery,  the  Third 
Pennsylvania  cavalry,  (Colonel  Averill,)  and  Bar 
ker's  squadron,  to  gain  the  Lee's  Mill  road,  and 
endeavor,  with  the  assistance  of  General  Smith, 
to  cut  off  the  portion  of  the  enemy's  rear -guard 
which  had  taken  that  route.  General  Emory  had 
some  sharp  skirmishes  with  a  regiment  of  cavalry 
and  a  battery  under  General  Stuart,  and  drove 
them  in  the  direction  of  Lee's  Mill. 

General  Smith  having  met  with  obstructions 
in  his  front,  had  transferred  his  column,  by  a 
cross-road,  to  the  Yorktown  and  Williamsburgh 
road,  so  that  General  Emory,  finding  no  force  to 
cooperate  with  him,  was  unable  to  cut'  off  the 
rear-guard,  and  they  succeeded  in  escaping  by  a 
circuitous  route  along  the  bank  of  the  James 
River. 

The  position  in  which  General  Stoneman  en 
countered  the  enemy  is  about  four  miles  in  extent, 
the  right  resting  on  College  Creek,  and  the  left 
on  Queen's  Creek ;  nearly  three  fourths  of  its 
front  being  covered  by  tributaries  of  these  two 
creeks,  upon  which  there  are  ponds. 

The  ground  between  the  heads  of  the  boundary 
streams  is  a  cultivated  plain,  across  which  a  line 
of  detached  works  had  been  constructed,  consist 
ing  of  Fort  Magruder,  a  large  work  in  the  centre 
with  a  bastion  front,  and  twelve  other  redoubts 
and  epaulements  .  field-guns. 

The  parapet  of  Fort  Magruder  is  about  six  feet 
high  and  nine  feet  thick  ;  the  ditch  nine  feet  wide 
and  nine  feet  deep,  filled  with  water.  The  length 
of  the  interior  crest  is  about  six  hundred  yards. 
The  redoubts  have  strong  profiles,  but  are  of 
small  dimensions,  having  faces  of  about  forty 
yards.  The  woods  in  front  of  the  position  were 
felled,  and  the  open  ground  in  front  of  the  works 
was  dotted  with  numerous  rifle-pits. 

The  roads  leading  from  the  lower  part  of  the 
Peninsula  to  Williamsburgh,  one  along  the  York 
River,  (trie  Yorktown  road,)  and  the  other  along 
the  James,  (the  Lee's  Mill  road,)  unite  between 
the  heads  of  the  tributary  streams  a  short  dis 
tance  in  front  of  Fort  Magruder,  by  which  they 
are  commanded,  and  debouch  from  the  woods 
just  before  uniting.  A  branch  from  the  James 
River  road  leaves  it  about  one  and  three  fourths 
**f  a  mile  below  Fort  Magruder  and  unites  with 
the  road  frorr  Allen's  Landing  to  Williamsburgh, 


which  crosses  the  tributary  of  ColTegrc-  Orepk  over 
a  dam  at  the  outlet  of  the  pond,  ana  passes  just 
in  rear  of  the  line  of  works,  being  commanded 
by  the  three  redoubts  on  the  right  of  trie  line,  at 
about  the  same  distance  from  Fort  Miigiuder.  A 
branch  leaves  the  York  River  road  and  crosses 
the  tributary  of  Queen's  Creek  on  a  dam,  and 
passing  over  the  position  and  through  the  works 
in  its  rear,  finally  enters  Williamsburgh  ;  this 
road  is  commanded  by  redoubts  on  the  left  of  the 
line  of  the  works. 

General  Stoneman  debouched  from  the  wood^ 
with  his  advance-guard,  (consisting  of  a  part  of 
the  First  United  States  cavalry  and  one  section 
of  Gibson's  battery,  under  the  command  of  Gen 
eral  Cooke,)  and  the  enemy  immediately  opened 
on  him  with  several  field-pieces  from  Fort  Ma 
gruder,  having  the  correct  range,  and  doing  some 
execution.  Gibson's  battery  was  brought  into 
position  as  rapidly  as  the  deep  mud  would  per 
mit,  and  returned  the  fire ;  while  the  Sixth 
United  States  cavalry  was  sent  to  feel  the  ene 
my's  left.  This  regiment  passed  one  redoubt, 
which  it  found  unoccupied,  and  appeared  in  the 
rear  of  a  second,  when  a  strong  cavalry  force, 
with  infantry  and  artillery,  came  down  upon  it, 
whereupon  the  regiment  was  withdrawn.  The 
rear  squadron,  under  command  of  Captain  Saun- 
ders,  repelled  a  charge  of  the  enemy's  cavalry  in 
the  most  gallant  manner.  In  the  mean  time  the 
enemy  was  being  reenforced  by  infantry,  and  the 
artillery  fire  becoming  very  hot.  General  Stone 
man,  having  no  infantry  to  carry  the  works,  or 
dered  the  withdrawal  of  the  battery.  This  was 
accomplished  with  the  exception  of  one  piece, 
which  could  not  be  extricated  from  the  mud. 
The  enemy  attempted  to  prevent  the  movement, 
but  their  charges  were  met  by  the  First  United 
States  cavalry,  under  command  of  Lieutenant- 
Colonel  Grier,  and  they  were  driven  back,  losing 
several  officers  and  one  stand  of  colors.  General 
Stoneman  then  took  a  defensive  position  a  short 
distance  in  the  rear  of  the  first,  to  await  the  arri 
val  of  the  infantry. 

The  advance  of  General  Smith's  column  reach 
ed  Skiff's  Creek  about  half-past  eleven  o'clock, 
and  found  the  bridge  over  that  stream  in  flames 
and  the  road  impassable.  A  practicable  route  to 
the  Yorktown  road  having  been  discovered,  the 
division,  by  order  of  General  Sumner,  moved  on 
by  that  road,  and  reached  General  Stoneman's 
position  about  half-past  five  o'clock.  General 
Sumner,  arriving  with  it,  assumed  command. 

Generals  Heintzelman  and  Keyes  also  arrived. 
During  the  afternoon  of  the  fourth,  near  the 
Half-way  House,  the  head  of  General  Hooker's 
column  encountered  Smith's  division  filing  into 
the  road,  and  was  obliged  to  halt  between  three 
and  four  hours  until  it  had  passed.  General 
Hooker  then  followed  on,  and  at  Cheesecake 
Church  turned  off,  by  General  Heintzelman's  di 
rection,  taking  a  cross-road,  and  moved  out  on 
the  Lee's  Mill  road,  thus  changing  places  with 
General  Smith.  Marching  part  of  the  night,  he 
came  in  sight  of  Fort  Magruder  early  in  the 
morning  of  the  fifth. 


DOCUMENTS. 


561 


General  Smith's  division  having  been  deployed, 
General  Simmer  ordered  an  attack  on  the  works 
in  his  front;  but  the  lines  having  been  thrown 
into  confusion  while  moving  through  the  dense 
forest,  and  darkness  coming  on,  the  attempt  for 
that  night  was  abandoned.  The  troops  bivou 
acked  in  the  woods,  and  a  heavy  rain  began, 
which  continued  until  the  morning  of  the  sixth, 
making  the  roads,  already  in  very  bad  condition, 
almost  impassable. 

During  the  morning  of  the  fifth  General  Sum- 
ner  reconnoitred  the  position  in  his  front,  and  at 
eleven  o'clock  ordered  Hancock's  brigade,  of 
Smith's  division,  to  take  possession  of  a  work  on 
the  enemy's  left,  which  had  been  found  to  be  un 
occupied.  The  remainder  of  Smith's  division  oc 
cupied  the  woods  in  front  without  being  actually 
engaged. 

The  divisions  of  Couch  and  Casey  had  received 
orders  during  the  night  to  march  at  daylight ; 
but  on  account  of  the  terrible  condition  of  the 
roads,  and  other  impediments,  were  not  able  to 
reach  the  field  until  after  one  o'clock  P.M.,  at 
which  time  the  first  brigade  of  Couch's  division 
arrived,  and  was  posted  in  the  centre,  on  Hooker's 
right.  The  other  two  brigades  came  up  during 
the  afternoon,  followed  by  Casey's  division. 

In  the  mean  time,  General  Hooker,  having  re 
connoitred  the  enemy's  position,  began  the  attack 
at  half  past  seven  A.M.,  and  for  a  while  silenced 
the  gin  s  of  Fort  Magruder  and  cleared  the  ground 
in  his  front ;  but  the  enemy  being  continually 
reenforced,  until  their  strength  greatly  exceeded 
his,  made  attack  after  attack,  endeavoring  to  turn 
his  left. 

For  several  hours  his  division  struggled  gal 
lantly  against  the  superior  numbers  of  the  ene 
my.  Five  guns  of  Webber's  battery  were  lost, 
and  between  three  and  four  o'clock  his  ammuni 
tion  began  to  give  out.  The  loss  had  been  heavy, 
and  the  exhaustion  of  the  troops  was  very  great. 
At  this  time  the  division  of  General  Kearny 
came  up,  who,  at  nine  A.M.,  had  received  orders 
to  reen  force  Hooker,  and  who  had  succeeded,  by 
the  greatest  exertions,  in  passing  Casey's  troops, 
and  pushing  on  to  the  front  through  the  deep 
mud.  General  Kearny  at  once  gallantly  at 
tacked,  and  thereby  prevented  the  loss  of  an 
other  battery,  and  drove  the  enemy  back  at  every 
point,  enabling  General  Hooker  to  extricate  him 
self  from  his  position,  and  withdraw  his  wearied 
troops.  Peck's  brigade,  of  Couch's  division,  as 
has  been  mentioned  before,  was,  immediately  on 
its  arrival,  ordered  by  General  Sumner  to  deploy 
on  Hooker's  right.  This  was  promptly  done, 
and  the  attacks  of  the  enemy  at  that  point  were 
repulsed.  General  Peck  held  his  position  until 
latu  in  the  afternoon,  when  he  was  relieved  by 
the  other  two  brigades  of  Couch's  division,  and 
they  were  in  quiet  possession  of  the  ground  when 
night  closed  the  contest.  The  vigorous  action 
of  these  troops  relieved  General  Hooker  consider 
ably.  General  Emory  had  been  left  with  his 
command,  on  the  night  of  the  fourth,  to  guard 
the  branch  of  the  Lee's  Mill  road  which  leads  to 
Allen's  farm  j  and  on  the  morning  of  the  fifth  it 


was  ascertained  that  by  this  route  the  enemy's 
right  could  be  turned.  A  request  for  infantry 
for  this  purpose  was  made  to  General  Heintzel- 
man,  who,  late  in  the  afternoon,  sent  four  regi 
ments  and  two  batteries  of  Kearny' s  division — . 
the  first  disposable  troops  he  had — and  directed 
General  Emory  to  make  the  attack.  With  these 
reenforcernents  his  force  amounted  to  about  three 
thousand  men  and  three  batteries.  General  Em 
ory,  on  account  of  >rant  of  knowledge  of  the 
ground,  and  the  lateness  of  the  hour,  did  not 
succeed  in  this  movement.  It  involved  some 
risks,  but,  if  successful,  might  have  produced 
important  results. 

At  eleven  A.M.,  as  before  mentioned,  General 
Smith  received  orders  from  General  Sumner  to 
send  one  brigade  across  a  dam  on  our  right,  to 
occupy  a  redoubt  on  the  left  of  the  enemy's  line. 
Hancock's  brigade  was  selected  for  this  purpose. 
He  crossed  the  dam,  took  possession  of  the  first 
redoubt,  and  afterward,  finding  the  second  one 
vacated,  he  occupied  that  also,  and  sent  for  re- 
enforcements  to  enable  him  to  advance  further 
and  take  the  next  redoubt,  which  commanded 
the  plain  between  his  position  and  Fort  Magru 
der,  and  would  have  enabled  him  to  take  in  ic- 
verse  and  cut  the  communication  of  the  troops 
engaged  with  Generals  Hooker  and  Kearny. 

The  enemy  soon  began  to  show  himself  in 
strength  before  him,  and  as  his  rear  and  right 
flank  were  somewhat  exposed,  he  repeated  his 
request  for  reinforcements.  General  Smith  was 
twice  ordered  to  join  him  with  the  rest  of  his 
division,  but  each  -time  the  order  was  counter 
manded  at  the  moment  of  execution,  General 
Sumner  not  being  willing  to  weaken  the  centre. 
At  length,  in  reply  to  General  Hancock's  repeat 
ed  messages  for  more  troops,  General  Sumner 
sent  him  an  order  to  fall  back  to  his  first  posi 
tion,  the  execution  of  which  General  Hancock 
deferred  as  long  as  possible,  being  unwilling  to 
give  up  the  advantage  already  gained,  and  fear 
ing  to  expose  his  command  by  such  a  movement. 

During  the  progress  of  these  events  I  had  re 
mained  at  Yorktowri  to  complete  the  prepara 
tions  for  the  departure  of  General  Franklin's  and 
other  troops  to  West-Point  by  water,  and  to  make 
the  necessary  arrangements  with  the  naval  com 
mander  for  his  cooperation. 

By  pushing  General  Franklin,  well  supported 
by  water,  to  the  right  bank  of  the  Pamunkey, 
opposite  West-Point,  it  was  hoped  to  force  the 
enemy  to  abandon  whatever  works  he  might  have 
on  the  Peninsula  below  that  point,  or  be  cut  off. 
It  was  of  paramount  importance  that  the  arrange 
ments  to  this  end  should  be  promptly  made  at 
an  early  hour  of  the  morning.  I  had  sent  two 
of  my  aids  (Lieutenant-Colonel  Sweitzer  and  Ma 
jor  Hammerstein)  to  observe  the  operations  in 
front,  with  instructions  to  report  to  me  every 
thing  of  importance  that  might  occur.  I  re 
ceived  no  information  from  them  leading  me  tt» 
suppose  that  there  was  any  thing  occurring  of 
more  importance  than  a  simple  affair  of  a  rear 
guard,  until  about  one  o'clock  P.M.,  when  a  des 
patch  arrived  from  one  of  them  that  every  thing 


582 


REBELLION  RECORD,  1862-63. 


was  not  progressing  favorably.  This  was  con 
firmed  a  few  minutes  later  by  the  reports  of  Gov 
ernor  Sprague  and  Major  Hammcrstein,  who 
came  directly  from  the  scene  of  action. 

Completing  the  necessary  arrangements,  I  re 
turned  to  my  camp  without  delay,  rode  rapidly 
to  the  front,  a  distance  of  some  fourteen  miles, 
through  roads  much  obstructed  by  troops  and 
wagons,  and  reached  the  field  between  four  and 
five  P.M.,  in  time  to  make  a  rapid  survey  of  the 
ground.  I  soon  learned  that  there  was  no  direct 
communication  between  our  centre  and  the  left 
under  General  Heintzelman ;  the  centre  was  chiefly 
in  the  nearer  edge  of  the  woods,  situated  between 
us  and  the  enemy.  As  heavy  firing  was  heard  in 
the  direction  of  General  Hancock's  command,  I 
immediately  ordered  General  Smith  to  proceed 
with  his  two  remaining  brigades  to  support  that 
part  of  the  line.  General  Naglee,  with  his  brigade, 
received  similar  orders.  I  then  directed  our  cen 
tre  to  advance  to  the  further  edge  of  the  woods 
mentioned  above,  which  was  done,  and  I  attempt 
ed  to  open  direct  communication  with  General 
Heintzelman,  but  was  prevented  by  the  marshy 
state  of  the  ground  in  the  direction  in  which  the 
attempt  was  made. 

Before  Generals  Smith  and  Naglee  could  reach 
the  field  of  General  Hancock's  operations,  al 
though  they  moved  with  great  rapidity,  he  had 
been  confronted  by  a  superior  force.  Feigning  to 
retreat  slowly,  he  awaited  their  onset,  and  then 
turned  upon  them,  and  after  some  terrific  volleys 
of  musketry,  he  charged  them  with  the  bayonet, 
routing  and  dispersing  their  whole  force,  killing, 
wounding,  and  capturing  from  five  hundred  to 
six  hundred  men,  he  himself  losing  only  thirty- 
one  men. 

This  was  one  of  the  most  brilliant  engagements 
of  the  war,  and  General  Hancock  merits  the  high 
est  praise  for  the  soldierly  qualities  displayed,  and 
his  perfect  appreciation  of  the  vital  importance  of 
his  position. 

Night  put  an  end  to  the  operations  here,  and 
all  the  troops  who  had  been  engaged  in  this  con 
test  slept  on  the  muddy  field,  without  shelter,  and 
many  without  food. 

Notwithstanding  the  report  I  received  from 
General  Heintzelman,  during  the  night,  that  Gen 
eral  Hooker's  division  had  suffered  so  much  that 
it  could  not  be  relied  on  next  day,  and  that  Kear- 
ny's  could  not  do  more  than  hold  its  own  without 
reinforcements — being  satisfied  that  the  result  of 
Hancock's  engagement  was  to  give  us  possession 
of  the  decisive  point  of  the  battle-field  during  the 
night,  I  countermanded  the  order  for  the  advance 
of  the  divisions  of  Sedgwick  and  Richardson,  and 
directed  them  to  return  to  Yorktown,  to  proceed 
to  West-Point  by  water. 

Our  loss  during  the  day,  the  greater  part  of 
which  was  sustained  by  Hooker's  division,  was  as 
follows : 

Killed,  four  hundred  and  fifty-six ;  wounded, 
one  thousand  four  hundred;  missing,  three  hun 
dred  and  seventy-two  ;  total,  two  thousand  two 
hundred  and  twenty-eight 


On  the  next  morning  we  found  the  enemy's  po 
sition  abandoned,  and  occupied  Fort  Magruder 
and  the  town  of  Williamsburgh,  which  was  filled 
with  the  enemy's  wounded,  to  whose  assistance 
eighteen  of  their  surgeons  were  sent  by  General 
J.  E.  Johnston,  the  officer  in  command.  Several 
guns  and  caissons,  which  the  enemy  could  not 
carry  off  on  account  of  the  mud,  were  secured. 
Colonel  Averill  was  sent  forward  at  once  with  a 
strong  cavalry  force  to  endeavor  to  overtake  the 
enemy's  rear-guard.  He  found  several  guns  aban 
doned,  and  picked  up  a  large  number  of  strag 
glers,  but  the  condition  of  the  roads  and  the  state 
of  the  supplies  forced  him  to  return,  after  advanc 
ing  a  few  miles. 

It  is  my  opinion  that  the  enemy  opposed  us 
here  with  only  a  portion  of  his  army.  When  our 
cavalry  first  appeared  there  was  nothing  but  the 
enemy's  rear-guard  in  WTilliamsburgh.  Other 
troops  were  brought  back  during  the  night  and 
the  next  day  to  hold  the  works  as  long  as  pos 
sible,  in  order  to  gain  time  for  the  trains,  etc.,  al 
ready  well  on  the  way  to  Richmond,  to  make  their 
escape.  Our  troops  were  greatly  exhausted  by 
the  laborious  march  through  the  mud  from  their 
positions  in  front  of  Yorktown,  and  by  the  pro 
tracted  battle  through  which  they  had  just  passed. 
Many  of  them  were  out  of  rations  and  ammuni 
tion,  and  one  division,  in  its  anxiety  to  make  a 
prompt  movement,  had  marched  with  empty 
haversacks.  The  supply  trains  had  been  forced 
out  of  the  roads  on  the  fourth  and  fifth  to  allow 
the  troops  and  artillery  to  pass  to  the  front,  and 
the  roads  were  now  in  such  a  state,  after  thirty- 
six  hours'  continuous  rain,  that  it  was  almost  im 
possible  to  pass  even  empty  wagons  over  them. 
General  Hooker's  division  had  suffered  so  severely 
that  it  was  in  no  condition  to  follow  the  enemy, 
even  if  the  roads  had  been  good.  Under  these 
circumstances,  an  immediate  pursuit  was  impos 
sible. 

Steps  were  at  once  taken  to  care  for  and  remove 
the  wrounded,  and  to  bring  up  provisions,  ammu 
nition,  and  forage. 

The  condition  of  the  roads,  as  has  been  said, 
rendered  it  next  to  impossible  to  accomplish  this 
by  land  from  Yorktown.  A  temporary  depot  was 
therefore  promptly  established  on  Queen's  Creek, 
and  supplies  drawn,  and  the  wounded  shipped 
from  that  place. 

The  divisions  of  Franklin,  Sedgwick,  Porter, 
and  Richardson  were  sent  fiom  Yorktown  by 
water  to  the  right  bank  of  the  Pamunkey,  in  the 
vicinity  of  West-Point.  The  remaining  divisions, 
the  trains,  and  the  reserve  artillery  moved  subse 
quently  by  land. 

Early  on  the  morning  of  the  seventh,  General 
Franklin  had  completed  the  disembarkation  of  his 
division,  and  had  placed  it  in  a  good  position  to 
cover  the  landing-place,  both  his  flanks  and  a 
large  portion  of  his  front  being  protected  by  water. 

Dana's  brigade  of  Sedgwick's  division  arrived 
during  the  morning. 

At  about  nine  A.M.  a  large  force  of  the  enemy 
appeared,  consisting  of  Whiting's  division  and 


DOCUMENTS. 


563 


•ther  troops,  and  between  ten  and  eleven  they  at 
tacked  a  part  of  the  line  held  by  Newton's  bri 
gade. 

The  action  continued  until  three  P.M.,  when  the 
enemy  retired,  all  his  attacks  having  been  re 
pulsed.  This  affair,  the  most  important  in  which 
the  division  had  yet  been  engaged,  was  highly 
creditable  to  General  Franklin  and  his  command. 
For  the  details  I  refer  to  his  report  which  is  here 
with  submitted.  Our  loss  was  forty-nine  killed, 
one  hundred  and  four  wounded,  and  forty-one 
missing.  Total,  one  hundred  and  ninety-four, 
which  includes  a  large  proportion  of  officers. 

Cavalry  reconnoissances  were  sent  out  from 
Williamsburgh  on  the  sixth  and  seventh,  and  on 
the  eighth  General  Stonernan  moved  with  an  ad 
vance-guard  of  cavalry,  artillery,  and  infantry  to 
open  communication  with  General  Franklin. 

As  soon  as  our  supplies  had  been  received  and 
the  condition  of  the  roads  had  become  a  little  bet 
ter,  though  still  very  bad,  the  advance  of  the  re 
maining  troops  was  begun,  Smith's  division  mov 
ing  on  the  eighth.  On  the  tenth,  headquarters 
were  at  Roper's  Church,  nineteen  miles  from  Wil 
liamsburgh,  all  the  divisions  which  had  moved  by 
land,  except  Hooker's,  being  in  the  vicinity  of  that 
place. 

We  were  now  in  direct  communication  with 
the  portion  of  the  army  which  had  gone  by  water, 
and  we  began  to  draw  supplies  from  them. 

On  account  of  the  small  number  and  narrow 
ness  of  the  roads  in  this  neighborhood,  move 
ments  were  difficult  and  slow. 

On  the  fifteenth,  headquarters  and  the  divi 
sions  of  Franklin,  Porter,  Sykes,  and  Smith 
reached  Cumberland,  which  was  made  a  tempo 
rary  depot.  Couch  and  Casey  were  then  near 
New-Kent  Court-House,  Hooker  and  Kearny  near 
Roper's  Church,  and  Richardson  and  Sedgwick 
near  Eltham. 

On  the  fourteenth  and  fifteenth  much  rain  fell. 

On  the  fifteenth  and  sixteenth,  the  divisions 
of  Franklin,  Smith,  and  Porter  were  with  great 
difficulty  moved  to  White  House,  five  miles  in 
advance.  So  bad  was  the  road  that  the  train  of 
one  of  these  divisions  required  thirty-six  hours 
to  pass  over  this  short  distance.  General  Stone- 
man  had  occupied  this  place  some  days  before, 
after  several  successful  skirmishes,  in  which  our 
cavalry  proved  superior  to  that  of  the  enemy. 
The  reports  of  these  affairs  are  appended. 

About  this  time,  with  the  consent  of  the 
President,  two  additional  corps  were  organized, 
namely,  the  Fifth  Provisional  corps,  consisting 
of  the  divisions  of  Porter  and  Sykes,  and  the  re 
serve  artillery,  under  the  command  of  General 
F.  J.  Porter,  and  the  Sixth  Provisional  corps, 
consisting  of  the  divisions  of  Franklin  and  Smith, 
under  the  command  of  General  W.  B.  Franklin. 

Headquarters  reached  White  House  on  the 
sixteenth,  and  a  permanent  depot  was  at  once 
organized  there. 

On  the  nineteenth,  headquarters  and  the  corps 
of  Porter  and  Franklin  moved  to  Tunstall's  Sta 
tion,  fire  miles  from  White  House. 

On  the  twentieth  more  rain  fell. 


On  the  twenty-first,  the  position  of  the  troop« 
was  as  follows :  Stoneman's  advance-guard,  on" 
mile  from  New-Bridge ;  Franklin's  corps  three* 
miles  from  New-Bridge,  with  Porter's  corps  at 
supporting  distance  in  its  rear  ;  Sumner's  corps, 
on  the  railroad  about  three  miles  from  the  Chick 
ahominy,  connecting  the  right  with  the  left: 
Keyes's  corps  on  New-Kent  road  near  Bottom's 
Bridge,  with  Heintzelman's  corps  at  support 
ing  distance  in  the  rear. 

The  ford  at  Bottom's  Bridge  was  in  our  pos 
session,  and  the  rebuilding  of  the  bridge,  which 
had  been  destroyed  by  the  enemy,  was  com 
menced. 

On  the  twenty-second,  headquarters  moved  to 
Coal  Harbor. 

On  the  twenty-sixth,  the  railroad  was  in  oper 
ation  as  far  as  the  Chickahominy,  and  the  rail 
road  bridge  across  that  stream  nearly  completed. 

CHAPTER     II. 

When,  on  the  twentieth  of  May,  our  advanced 
light  troops  reached  the  banks  of  the  Chicka 
hominy  River,  at  Bottom's  Bridge,  they  found 
that  this  as  well  as  the  railroad  bridge,  about  a 
mile  above,  had  been  destroyed  by  the  enemy. 

The  Chickahominy  in  this  vicinity  is  about 
forty  feet  wide,  fringed  with  a  dense  growth  of 
heavy  forest  trees,  and  bordered  by  low  marshy 
bottom-lands,  varying  from  half  a  mile  to  a  mile 
in  width. 

Our  operations  embraced  that  part  of  the  river 
between  Bottom's  and  Meadow  Bridges,  Trhich 
covered  the  principal  approaches  to  Richmond 
from  the  east. 

Within  these  limits  the  firm  ground  lying 
above  high-water  mark  seldom  approaches  near 
the  river  on  either  bank,  and  no  locality  was 
found  within  this  section  where  the  high  ground 
came  near  the  stream  on  both  sides.  It  was 
subject  to  frequent,  sudden,  and  great  variations 
in  the  volume  of  water,  and  a  rise  of  a  few  feet 
overflowed  the  bottom-lands  on  both  sides. 

At  low-water  it  could  be  forded  at  almost  any 
point ;  but  during  high-water  it  was  above  a 
fording  stage,  and  could  then  be  crossed  only  at 
a  few  points  where  bridges  had  been  construct 
ed.  These  bridges  had  all  been  destroyed  by 
the  enemy  on  our  approach,  and  it  was  necessary 
not  only  to  reconstruct  these,  but  to  build  sev 
eral  others. 

The  west  bank  of  the  river  opposite  the  New 
and  Mechanicsville  Bridges  was  bordered  by  ele 
vated  bluffs,  which  afforded  the  enemy  command 
ing  positions  to  fortify,  establish  his  batteries, 
enfilading  the  approaches  upon  the  two  principal 
roads  to  Richmond  on  our  right,  and  resist  the 
reconstruction  of  the  important  bridges.  This 
obliged  us  to  select  other  less  exposed  points  for 
our  crossings. 

As  the  enemy  was  not  in  great  force  opposite 
Bottom's  Bridge  on  the  arrival  of  our  left  at  that 
point,  and  as  it  was  important  to  secure  a  lo  1^- 
ment  upon  the  right  bank  before  he  should  hav3 
time  to  concentrate  his  forces  and  contest  tha 
passage,  I  forthwith  ordered  Casey's  division  to 


504 


REBELLION  RECORD,  1862-G&. 


ford  the  river  and  occupy  the  opposite  heights. 
This  was  promptly  done  on  the  twentieth,  and 
reconnoissances  were  at  once  pushed  out  in  ad 
vance. 

These  troops  were  directed  to  throw  up  de 
fences  in  an  advantageous  position  to  secure  our 
left  flank.  General  Heintzelman's  corps  was 
thrown  forward  in  support,  and  Bottom's  Bridge 
immediately  rebuilt. 

In  the  mean  time  our  centre  and  right  were 
advanced  to  the  river  above,  and  on  the  twenty- 
fourth  we  carried  the  village  of  Mechanicsville, 
driving  the  enemy  out  with  our  artillery,  and 
forcing  them  across  the  bridge,  which  they  de 
stroyed.  General  Naglee  on  the  same  day  dis 
lodged  a  force  of  the  enemy  from  the  vicinity  of 
the  "Seven  Pines,"  on  the  Bottom's  Bridge  road, 
and  our  advance  on  the  left  secured  a  strong  po 
sition  near  that  place. 

All  the  information  obtained  from  deserters, 
negroes,  and  spies,  indicated  that  the  enemy  oc 
cupied  in  force  all  the  approaches  to  Richmond 
from  the  east,  and  that  he  intended  to  dispute 
every  step  of  our  advance  beyond  the  Chicka- 
hominy,  and  the  passage  of  the  stream  opposite 
our  right.  That  their  army  was  superior  to  ours 
in  numbers,  did  not  admit  of  a  doubt.  Strong 
defences  had  been  constructed  around  Richmond. 

Impressed  by  these  facts  with  the  necessity  of 
strengthening  the  army  for  the  struggle,  I  did 
not  fail  to  urge  repeatedly  upon  my  superiors  the 
importance  of  reenforcing  the  army  of  the  Poto 
mac  with  every  disposable  man.,  in  order  to  in 
sure  the  success  of  our  attack  uj.on  the  rebel 
capital. 

On  the  tenth  of  May  I  telegraphed  as  follows  : 

CAMP  AT  EWELL'S  FARM, 
THRKK  MILKS  BEYOND  WILLIAMSBDRGH 
May  10,  1862—5  A.M 

From  the  information  reaching  me  from  every 
source,  I  regard  it  as  certain  that  the  enemy  will 
meet  us  with  all  his  force  on  or  near  the  Chicka- 
hominy.  They  can  concentrate  many  more  men 
than  I  have,  and  are  collecting  troops  from  all  quar 
ters,  especially  well-disciplined  troops  from  the 
South.  Casualties,  sickness,  garrisons,  and  guards 
have  much  reduced  our  numbers  and  will  con 
tinue  to  do  so.  <  I  shall  fight  the  rebel  army  with 
whatever  force  I  may  have,  but  duty  requires  me 
to  urge  that  every  effort  be  made  to  reenforce  me 
without  delay  with  all  the  disposable  troops  in 
Eastern  Virginia,  and  that  we  concentrate  all 
our  forces,  as  far  as  possible,  to  fight  the  great 
battle  now  impending,  and  to  make  it  decisive. 

It  is  possible  that  the  enemy  may  abandon 
Richmond  without  a  serious  struggle  ;  but  I  do 
not  believe  he  will,  and  it  would  be  unwise  to 
count  upon  any  thing  but  a  stubborn  and  des 
perate  defence — a  life-and-death  contest.  I  see 
no  other  hope  for  him  than  to  fight  this  battle, 
and  we  .must  win  it.  I  shall  fight  them  what 
ever  their  force  may  be,  but  I  ask  for  every  man 
that  the  department  can  send  me.  No  troops 
nhould  now  be  left  unemployed.  Those  who  en 
tertain  the  opinion  that  the  rebels  will  abandon 
Richmond  without  a  struggle,  are,  in  my  judg- 


CJRGH,  > 
^.M.        } 


ment,  badly  advised,  and  do  not  comprehend 
their  situation,  which  is  one  requiring  desperate 
measures. 

I  beg  that  the  President  and  Secretary  will 
maturely  weigh  what  I  say,  and  leave  nothing 
undone  to  comply  with  my  request.  If  I  am 
not  reenforced,  it  is  probable  that  I  will  be 
obliged  to  fight  nearly  double  my  numbers 
strongly  intrenched.  I  do  not  think  it  will  be 
at  all  possible  for  me  to  bring  more  than  (70,000) 
seventy  thousand  men  upon  the  field  of  battle. 
GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  EDWIN  M.  STANTON, 

Secretary  of  War. 

On  the  fourteenth  of  May  I  sent  the  following 
telegram  to  the  President : 

CAMP  AT  CUMBERLAND,  May  14, 1862. 

I  have  more  than  twice  telegraphed  to  the  Sec 
retary  of  War,  stating  that,  in  my  opinion,  the 
enemy  were  concentrating  all  their  available  force 
to  fight  this  army  in  front  of  Richmond,  and  that 
such  ought  to  be  their  policy.  I  have  received 
no  reply  whatever  to  any  of  these  telegraphs.  I 
beg  leave  to  repeat  their  substance  to  your  Ex 
cellency,  and  to  ask  that  kind  consideration 
which  you  have  ever  accorded  to  my  representa 
tions  and  views.  All  my  information  from  every 
source  accessible  to  me  establishes  the  fixed  pur 
pose  of  the  rebels  to  defend  Richmond  against 
this  army  by  offering  us  battle  with  all  the  troops 
they  can  collect  from  east,  west,  and  south,  and 
my  opinion  is  confirmed  by  that  of  all  my  com 
manders  whom  I  have  been  able  to  consult. 

Casualties,  sickness,  garrisons,  and  guards  have 
much  weakened  my  force,  and  will  continue  to 
do  so.  I  cannot  bring  into  actual  battle  against 
the  enemy  more  than  eighty  thousand  men  at  the 
utmost,  and  with  them  I  must  attack  in  position, 
probably  intrenched,  a  much  larger  force,  per 
haps  double  my  numbers.  It  is  possible  that 
Richmond  may  be  abandoned  without  a  serious 
struggle;  but  the  enemy  are  actually  in  great 
strength  between  here  and  there,  and  it  would  be 
unwise,  and  even  insane,  for  me  to  calculate  upon 
any  thing  but  a  stubborn  and  desperate  resist 
ance.  If  they  should  abandon  Richmond,  it  may 
well  be  that  it  is  done  with  the  purpose  of  mak 
ing  the  stand  at  some  place  in  Virginia  south  or 
west  of  there,  and  we  should  be  in  condition  to 
press  them  without  delay.  The  confederate  lead 
ers  must  employ  their  utmost  efforts  against  this 
army  in  Virginia,  and  they  will  be  supported  by 
the  whole  body  of  their  military  officers,  among 
whom  there  may  be  said  to  be  no  Union  feeling, 
as  there  is  also  very  little  among  the  higher  class 
of  citizens  in  the  seceding  States. 

I  have  found  no  fighting  men  left  in  this  Pe 
ninsula.  All  are  in  the  ranks  of  the  opposing 
foe. 

Even  if  more  troops  than  I  now  have  should 
prove  unnecessary  for  purposes  of  military  occu 
pation,  our  greatest  display  of  imposing  force  in 
the  capital  of  the  rebel  government  will  have  the 
best  moral  effect.  I  most  respectfully  and  ear- 


DOCUMENTS. 


565 


nestly  urge  upon  your  Excellency  that  the  op 
portunity  has  come  for  striking  a  fatal  blow  at 
the  enemies  of  the  Constitution,  and  I  beg  that 
you  will  cause  this  army  to  be  reenforced  with 
out  delay  by  all  the  disposable  troops  of  the  Gov 
ernment.  I  ask  for  every  man  that  the  War  De 
partment  can  send  me.  Any  commander  of  the 
reenforcements  whom  your  Excellency  may  de 
signate  will  be  acceptable  to  me,  whatever  expres 
sion  I  may  have  heretofore  addressed  to  you  on 
that  subject. 

I  will  fight  the  enemy  whatever  their  force 
may  be,  with  whatever  force  I  may  have ;  and  I 
firmly  believe  that  we  shall  beat  them,  but  our 
triumph  should  be  made  decisive  and  complete. 
The  soldiers  of  this  army  love  their  government, 
and  will  fight  well  in  its  support.  You  may  rely 
upon  them.  They  have  confidence  in  me  as  their 
General,  and  in  you  as  their  President.  Strong 
reenforcements  will  at  least  save  the  lives  of 
many  of  them.  The  greater  our  force  the  more 
perfect  will  be  our  combinations,  and  the  less  our 
loss. 

For  obvious  reasons  I  beg  you  to  give  imme 
diate  consideration  to  this  communication,  and 
to  inform  me  fully  at  the  earliest  moment  of  your 
final  determination. 

GEORGE  B.  MCCLELLAN, 

Major-General. 

His  Excellency  ABRAHAM  LINCOLN, 

President  of  the  United  States. 

To  which,  on  the  eighteenth  of  May,  I  received 
this  reply : 

WASHINGTON,  May  18 — 2  P.M. 

GENERAL:  Your  despatch  to  the  President, 
asking  reenforcements,  has  been  received  and 
carefully  considered. 

The  President  is  not  willing  to  uncover  the 
capital  entirely ;  and  it  is  believed  that  even  if 
this  were  prudent,  it  would  require  more  time  to 
effect  a  junction  between  your  army  and  that  of 
the  Rappahannock  by  the  way  of  the  Potomac 
and  York  River,  than  by  a  land  inarch.  In  or 
der,  therefore,  to  increase  the  strength  of  the  at 
tack  upon  Richmond  at  the  earliest  moment, 
General  McDowell  has  been  ordered  to  march 
upon  that  city  by  the  shortest  route.  He  is  or 
dered,  keeping  himself  always  in  position  to  save 
the  capital  from  all  possible  attack,  so  to  operate 
as  to  put  his  left  wing  in  communication  with 
your  right  wing,  and  you  are  instructed  to  co 
operate  so  as  to  establish  this  communication  as 
soon  as  possible  by  extending  your  right  wing  to 
the  north  of  Richmond. 

It  is  believed  that  this  communication  can  be 
safely  established  either  north  or  south  of  the 
Pamunkey  River. 

In  any  event,  you  will  be  able  to  prevent  the 
main  body  of  the  enemy's  forces  from  leaving 
Richmond,  and  falling  in  overwhelming  force 
upon  General  McDowell.  He  will  move  with  be 
tween  thirty-five  (35,000)  and  forty  thousand 
(40,000)  men. 

A  copy  of  the  instructions  to  General  McDow 
ell  are  with  this.  The  specific  task  assigned  to 


his  command  has  been  to  provide  against  any 
danger  to  the  capital  of  the  nation. 

At  your  earnest  call  for  reenforcements,  he  is 
sent  forward  to  cooperate  in  the  reduction  of 
Richmond,  but  charged,  in  attempting  this,  not 
to  uncover  the  city  of  Washington,  and  you  will 
give  no  order,  either  before  or  after  your  junc 
tion,  which  can  put  him  out  of  position  to  cover 
this  city.  You  and  he  will  communicate  with 
each  other  by  telegraph  or  otherwise,  as  fre 
quently  as  may  be  necessary  for  sufficient  coop 
eration.  When  General  McDowell  is  in  position 
on  your  right,  his  supplies  must  be  drawn  from 
West-Point,  and  you  will  instruct  your  staff-offi 
cers  to  be  prepared  to  supply  him  by  that  route. 

The  President  desires  that  General  McDowell 
retain  the  command  of  the  department  of  the 
Rappahannock,  and  of  the  forces  with  which  he 
moves  forward. 

By  order  of  the  President. 

EDWIN  M.  STANTON, 

Secretary  of  War. 

Major-General  GEORGE  B.  MCCLELLAN, 

Commanding  Army  of  the  Potomac,  before  Richmond. 

It  will  be  observed  that  this  order  rendered  it 
impossible  for  me  to  use  the  James  River  as  a 
line  of  operations,  and  forced  me  to  establish  our 
depots  on  the  Pamunkey,  and  to  approach  Rich 
mond  from  the  north. 

I  had  advised,  and  preferred,  that  reenforce 
ments  should  be  sent  by  water,  for  the  reasons 
that  their  arrival  would  be  more  safe  and  cer 
tain,  and  that  I  would  be  left  free  to  rest  the 
army  on  the  James  River  whenever  the  navigation 
of  that  stream  should  be  opened. 

The  land  movement  obliged  me  to  expose  my 
right  in  order  to  secure  the  junction  ;  and  as  the 
order  for  General  McDowell's  march  was  soon 
countermanded,  I  incurred  great  risk,  of  which 
the  enemy  finally  took  advantage,  and  frustrated 
the  plan  of  campaign.  Had  General  McDowell 
joined  me  by  water,  I  could  have  approached 
Richmond  by  the  James,  and  thus  avoided  the 
delays  and  losses  incurred  in  bridging  the  Chick- 
ahominy,  and  would  have  had  the  army  massed 
in  one  body  instead  of  being  necessarily  divided 
by  that  stream. 

The  following  is  a  copy  of  the  instructions  to 
General  McDowell : 

WAR  DEPARTMENT,  ) 

WASHINGTON,  May  17,  1862.  j 

GENERAL  :  Upon  being  joined  by  General 
Shields's  division,  you  will  move  upon  Richmond 
by  the  general  route  of  the  Richmond  and  Fred- 
ericksburgh  Railroad,  cooperating  with  the  forces 
under  General  McClellan,  now  threatening  Rich 
mond  from  the  line  of  the  Pamunkey  and  York 
rivers. 

While  seeking  to  establish  as  soon  as  possible 
a  communication  between  your  left  wing  and  the 
right  wing  of  General  McClellan,  you  will  hold 
yourself  always  in  such  position  as  to  cover  the 
capital  of  the  nation  against  a  sudden  dash  of 
any  large  body  of  the  rebel  forces. 

General  McClellan  will  be  furnished  with  a 
copy  of  these  instructions,  and  will  be  directed 


866 


REBELLION  RECORD,  1862-68. 


to  hold  himself  in  readiness  to  establish  com 
munication  with  your  left  wing,  and  to  prevent 
the  main  body  of  the  enemy's  army  from  leaving 
Richmond,  and  throwing  itself  upon  your  col 
umn,  before  a  junction  of  the  two  armies  is 
effected. 

*  copy  of  his  instructions  in  regard  to  the 
employment  of  your  force  is  annexed. 

By  order  of  the  President. 

EDWIN  M.  STANTOX, 

Secretary  of  War. 

General  McDowBLL, 

Commanding  Department  of  Rappahannock. 

Having  some  doubts,  from  the  wording  of  the 
foregoing  orders,  as  to  the  extent  of  my  authori 
ty  over  the  troops  of  General  McDowell,  and  as 
to  the  time  when  I  might  anticipate  his  arrival, 
on  the  twenty-first  of  May  I  sent  this  despatch  : 


HEADQUARTERS  ARMY  OF  THE  POTOMAC 
CAMP  NEAR  TUNSTALL'S  STATION,  VA. 
May  21,  1862—11  P.M. 


•1 


Your  despatch  of  yesterday,  respecting  our 
situation  and  the  batteries  of  Fort  Darling,  was 
received  while  I  was  absent  with  the  advance, 
where  I  have  been  all  this  day.  I  have  com 
municated  personally  with  Captain  Golclsborough, 
and  by  letter  with  Captain  Smith.  The  vessels 
can  do  nothing  without  cooperation  on  land, 
which  I  will  not  be  in  condition  to  afford  for  sev 
eral  days.  Circumstances  must  determine  the 
propriety  of  a  land  attack. 

It  rained  again  last  night,  and  rain  on  this  soil 
soon  makes  the  roads  incredibly  bad  for  army 
transportation.  I  personally  crossed  the  Chick  - 
ahominy  to-day  at  Bottom's  Bridge  ford,  and 
went  a  mile  beyond,  the  enemy  being  about  half 
a  mile  in  front.  I  have  three  regiments  on  the 
other  bank  guarding  the  rebuilding  of  the  bridge. 
Reyes's  corps  is  on  the  New-Kent  road,  near 
Bottom's  Bridge.  Heintzelman  is  on  the  same 
road,  within  supporting  distance.  Sumner  is  on 
the  railroad,  connecting  right  with  left.  Stone- 
man,  with  advanced-guard,  is  within  one  mile  of 
New-Bridge.  Franklin  with  two  divisions,  is 
about  two  miles  this  side  of  Stoneman.  Porter's 
division,  with  the  reserves  of  infantry  and  artil 
lery,  is  within  supporting  distance.  Headquar 
ters  will  probably  be  at  Coal  Harbor  to-morrow, 
one  mile  this  side  of  Franklin.  All  the  bridges 
over  the  Chickahominy  are  destroyed.  The  ene 
my  are  in  force  on  every  road  leading  to  Rich 
mond,  within  a  mile  or  two  west  of  the  stream. 

Their  main  body  is  on  the  road  from  New- 
Bridge,  encamped  along  it  for  four  or  five  miles, 
spreading  over  the  open  ground  on  both  sides. 
Johnston's  headquarters  are  about  two  miles  be 
yond  the  bridge. 

All  accounts  report  their  numbers  as  greatly 
exceeding  our  own.  The  position  of  the  rebel 
forces,  the  declaration  of  the  confederate  author 
ities,  the  resolutions  of  the  Virginia  Legislature, 
the  action  of  the  city  government,  the  conduct 
of  the  citizens,  and  all  other  sources  of  informa 
tion  accessible  to  me,  give  positive  assurance  that 
our  approach  to  Richmond  involves  a  desperate 
battle  between  the  opposing  armies. 


All  our  divisions  are  moving  toward  the  foe. 
I  shall  advance  steadily  and  carefully,  and  attack 
them  according  to  my  best  judgment,  and  in 
such  manner  as  to  employ  my  greatest  force. 

I  regret  the  state  of  things  as  to  General  Mc 
Dowell's  command.  We  must  beat  the  enemy 
in  front  of  Richmond.  One  division  added  to 
this  army  for  that  effort  would  do  more  to  pro 
tect  Washington  than  his  whole  force  can  possi 
bly  do  anywhere  else  in  the  field.  The  rebels 
are  concentrating  from  all  points  for  the  two  bat 
tles  at  Richmond  and  Corinth.  I  would  still, 
most  respectfully,  suggest  the  policy  of  our  con 
centrating  here  by  movements  on  water.  I  have 
heard  nothing  as  to  the  probabilities  of  the  con 
templated  junction  of  McDowell's  force  with 
mine.  I  have  no  idea  when  he  can  start,  what 
are  his  means  of  transportation,  or  when  he  may 
be  expected  to  reach  this  vicinity.  I  fear  thercs 
is  little  hope  that  he  can  join  me  overland  in 
time  for  the  coming  battle.  Delays  on  my  part 
will  be  dangerous.  I  fear  sickness  and  demoral 
ization.  This  region  is  unhealthy  for  Northern 
men,  and  unless  kept  moving,  I  fear  that  our 
soldiers  may  become  discouraged.  At  present 
our  numbers  are  weakening  from  disease,  but 
our  men  remain  in  good  heart. 

I  regret  also  the  configuration  of  the  depart 
ment  of  the  Rappahannock.  It  includes  a  por 
tion  even  of  the  city  of  Richmond.  I  think  that 
my  own  department  should  embrace  the  entire 
field  of  military  operations  designed  for  the  cap 
ture  and  occupation  of  that  city. 

Again,  I  agree  with  your  Excellency  that  one 
bad  general  is  better  than  two  good  ones. 

I  am  not  sure  that  I  fully  comprehend  your 
orders  of  the  seventeenth  instant,  addressed  to 
myself  and  General  McDowell.  If  a  junction  is 
effected  before  we  occupy  Richmond,  it  must 
necessarily  be  east  of  the  railroad  to  Fredericks- 
burgh  and  within  my  department.  This  fact, 
my  superior  rank,  and  the  express  language  of 
the  sixty-second  article  of  war,  will  place  his 
command  under  my  orders,  unless  it  is  other 
wise  specially  directed  by  your  Excellency  ;  and 
I  consider  that  he  will  be  under  my  command, 
except  that  I  am  not  to  detach  any  portion  of 
his  forces,  or  give  any  orders  which  can  put  him 
out  of  position  to  cover  Washington.  If  I  err  in 
my  construction,  I  desire  to  be  at  once  set  right. 
Frankness  compels  me  to  say,  anxious  as  I  am 
for  an  increase  of  force,  that  the  march  of  Mc 
Dowell's  column  upon  Richmond  by  the  shortest 
route  will,  in  my  opinion,  uncover  Washington, 
as  to  any  interposition  by  it,  as  completely  as  its 
movement  by  water.  The  enemy  cannot  advance' 
by  Fredericksburgh  on  Washington. 

Should  they  attempt  a  movement,  which  to 
me  seems  utterly  improbable,  their  route  would 
be  by  Gordonsville  and  Manassas.  I  desire  that 
the  extent  of  my  authority  over  McDowell  may 
be  clearly  defined,  lest  misunderstandings  and 
conflicting  views  may  produce  some  of  those  in 
jurious  results  which  a  divided  command  has  so 
often  caused.  I  would  respectfully  suggest  that 
this  danger  can  only  be  surely  guarded  against 


DOCUMEXTS. 


567 


by  explicitly  placing  General  McDowell  under 
my  orders  in  the  ordinary  way,  and  holding  me 
strictly  responsible  for  the  closest  observance  of 
your  instructions.  I  hope,  Mr.  President,  that 
it  is  not  necessary  for  me  to  assure  you  that 
your  instructions  would  be  observed  in  the  ut 
most  good  faith,  and  that  I  have  no  personal  feel 
ings  which  could  influence  me  to  disregard  them 
in  ar.y  particular. 

I  believe  that  there  is  a  great  struggle  before 
this  army,  but  I  am  neither  dismayed  nor  dis 
couraged.  I  wish  to  strengthen  its  force  as  much 
as  I  can,  but  in  any  event  I  shall  fight  it  with  all 
the  skill,  caution,  and  determination  that  I  pos 
sess,  and  I  trust  that  the  result  may  either  obtain 
for  me  the  permanent  confidence  of  my  Govern 
ment,  or  that  it  may  close  my  career. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

His  Excellency  ABRAHAM  LINCOLN, 

President  of  the  United  States, 

On  the  twenty-fourth  I  received  the  following 
reply : 

May  24,  1862.— (From  Washington,  24th.) 

I  left  General  McDowell's  camp  at  dark  last 
evening.  Shields's  command  is  there,  but  it  is 
so  worn  that  he  cannot  move  before  Monday 
morning,  the  twenty-sixth,  (26th.)  "We  have  so 
thinned  our  line  to  get  troops  for  other  places  that 
it  was  broken  yesterday  at  Front  Royal,  with  a 
probable  loss  to  us  of  one  (1)  regiment  infantry, 
two  (2)  companies  cavalry,  putting  General  Banks 
in  some  peril. 

The  enemy's  forces,  und«r  General  Anderson, 
now  opposing  General  McDowell's  advance,  have, 
as  their  line  of  supply  and  retreat,  the  road  to 
Richmond. 

If,  in  conjunction  with  McDowell's  movement 
against  Anderson,  you  could  send  a  force  from 
your  right  to  cut  off  the  enemy's  supplies  from 
Richmond,  preserve  the  railroad  bridge  across  the 
two  (2)  forks  of  the  Pamunkey  and  intercept  the 
enemy's  retreat,  you  will  prevent  the  army  now 
opposed  to  you  from  receiving  an  accession  of 
numbers  of  nearly  fifteen  thousand  (15,000)  men  ; 
and  if  you  succeed  in  saving  the  bridges,  you 
will  secure  a  line  of  railroad  for  supplies  in  addi 
tion  to  the  one  you  now  have.  Can  you  not  do 
this  almost  as  well  as  not,  while  you  are  build 
ing  the  Chickahominy  bridges  ?  McDowell  and 
Shields  both  say  they  can,  and  positively  will, 
move  Monday  morning.  I  wish  you  to  move  cau 
tiously  and  safely. 

You  will  have  command  of  McDowell,  after  he 
joins  you,  precisely  as  you  indicated  in  your  long 
despatch  to  us  of  the  twenty-first,  (21st.) 

A.  LINCOLN, 

President. 

Major-General  G.  B.  MCCLELLAN. 

This  information  that  McDowell's  corps  would 
march  for  Fredericksburgh  on  the  following  Mon 
day,  (the  twenty-sixth,)  and  that  he  would  be  un 
der  my  command,  as  indicated  in  my  telegram  of 
the  twenty-first,  was  cheering  news,  and  I  now  felt 
confident  that  we  would  on  his  arrival  be  suffi 


ciently  strong  to  overpower  the  large  army  con 
fronting  us. 

At  a  later  hour  on  the  same  day  I  received  tha 
following : 

May  24, 1862.— (Prom  Washington,  4  P.M.) 

In  consequence  of  General  Banks's  critical  po 
sition,  I  have  been  compelled  to  suspend  General 
McDowell's  movements  to  join  you.  The  enemy 
are  making  a  desperate  push  upon  Harper's  Fer 
ry,  and  we  are  trying  to  throw  General  Fremont's 
force,  and  part  of  General  McDowell's,  in  their 
rear.  A.  LINCOLN, 

President. 

Major-General  G.  B.  MCCLELLAN. 

From  which  it  will  be  seen  that  I  could  not 
expect  General  McDowell  to  join  me  in  time  to 
participate  in  immediate  operations  in  front  of 
Richmond,  and  on  the  same  evening  I  replied  to 
the  President  that  I  would  make  my  calculations 
accordingly. 

It  then  only  remained  for  me  to  make  the  best 
use  of  the  forces  at  my  disposal,  and  to  avail  my 
self  of  all  artificial  auxiliaries  to  compensate  as 
much  as  possible  for  the  inadequacy  of  men.  I 
concurred  fully  with  the  President  in  the  injunc 
tion  contained  in  his  telegram  of  the  twenty- 
fourth,  that  it  was  necessary  with  my  limited 
force  to  move  "cautiously  and  safely."  In  view 
of  the  peculiar  character  of  the  Chickahominy, 
and  the  liability  of  its  bottom-land  to  sudden  in 
undation,  it  became  necessary  to  construct  be 
tween  Bottom's  Bridge  and  Mechanicsville  eleven 
(11)  new  bridges,  all  long  and  difficult,  with  ex 
tensive  log- way  approaches. 

The  entire  army  could  probably  have  been 
thrown  across  the  Chickahominy  immediately 
after  our  arrival,  but  this  would  have  left  no  force 
on  the  left  bank  to  guard  our  communications  or 
to  protect  our  right  and  rear.  If  the  communi 
cation  with  our  supply  depot  had  been  cut  by  the 
enemy,  with  our  army  concentrated  upon  the 
right  bank  of  the  Chickahominy,  and  the  stage  of 
water  as  it  was  for  many  days  after  our  arrival, 
the  bridges  carried  away,  and  our  means  of  trans 
portation  not  furnishing  a  single  day's  supplies 
in  advance,  the  troops  must  have  gone  without 
rations,  and  the  animals  without  forage,  and  the 
army  would  have  been  paralyzed. 

It  is  true  I  might  have  abandoned  my  commu 
nications  and  pushed  forward  toward  Richmond, 
trusting  to  the  speedy  defeat  of  the  enemy  and 
the  consequent  fall  of  the  city  for  a  renewal  of 
supplies  ;  but  the  approaches  were  fortified,  and 
the  town  itself  was  surrounded  with  a  strong  line 
line  of  intrenchments,  requiring  a  greater  length 
of  time  to  reduce  than  our  troops  could  have  dis 
pensed  with  rations. 

Under  these  circumstances,  I  decided  to  retain 
a  portion  of  the  army  on  the  left  bank  of  the  river 
until  our  bridges  were  completed. 

It  will  be  remembered  that  the  order  for  the 
cooperation  of  General  McDowell  was  simply  sus 
pended,  not  revoked,  and  therefore  I  was  not  at 
iiberty  to  abandon  the  northern  approach. 

A  very  dashing  and  successful  reconnoissance 


563 


REBELLION  RECORD,  1862-63. 


was  made  near  New-Bridge,  on  the  twenty-fourth 
of  May,  by  Lieutenant  Bowen,  topographical  en 
gineers,  escorted  by  the  Fourth  Michigan  volun 
teers  and  a  squadron  of  the  United  States  caval 
ry,  commanded,  respectively,  by  Colonel  Wood- 
bury  and  Captain  Gordon. 

Our  troops  encountered  a  Louisiana  regiment, 
and  with  little  loss  drove  it  back  upon  its  brigade, 
killing  a  large  number  and  capturing  several  pris 
oners.  Great  credit  is  due  to  the  staff-officers, 
as  well  as  to  Colonel  Woodbury,  Captain  Gordon, 
and  their  commands,  for  their  conduct  on  this 
occasion. 

The  work  upon  the  bridges  was  commenced  at 
once,  and  pushed  forward  with  great  vigor;  but 
the  rains,  which  from  day  to  day  continued  to 
fall,  flooded  the  valley,  and  raised  the  water  to  a 
greater  height  than  had  been  known  for  twenty 
years. 

This  demolished  a  great  amount  of  our  labor, 
and  our  first  bridges,  with  their  approaches, 
which  were  not  made  with  reference  to  such  ex 
treme  high  water,  were  carried  off  or  rendered 
impassable.  We  were  obliged,  with  immense  la 
bor,  to  construct  others,  much  longer,  more  ele 
vated,  and  stable  ;  our  men  worked  in  the  water, 
exposed  to  the  enemy's  fire  from  the  opposite 
bank. 

On  the  twenty-fifth  of  May  I  received  the  fol 
lowing  telegram. 

WASHINGTON,  May  25,  1862. 

Your  despatch  received.  General  Banks  was 
at  Strasburgh  with  about  six  thousand  (6000) 
men,  Shields  having  been  taken  from  him  to  swell 
a  column  for  McDowell  to  aid  you  at  Richmond, 
and  the  rest  of  his  force  scattered  at  various 
places.  On  the  twenty-third  (23d)  a  rebel  force 
of  seven  (7)  to  ten  thousand  (10,000)  fell  upon 
one  regiment  and  two  companies  guarding  the 
bridge  at  Port  Royal,  destroying  it  entirely ; 
crossed  the  Shenandoah,  and  on  the  twenty- 
fourth,  (24th,)  yesterday,  pushed  on  to  get  north 
of  Banks  on  the  road  to  Winchester.  General 
Banks  ran  a  race  with  them,  beating  them  into 
Winchester  yesterday  evening.  This  morning  a 
battle  ensued  between  the  two  forces,  in  which 
General  Banks  was  beaten  back  into  full  retreat 
toward  Martinsburgh,  and  probably  is  broken  up 
into  a  total  rout  Geary,  on  the  Manassas  Gap 
Railroad,  just  now  reports  that  Jackson  is  now 
near  Front  Royal  with  ten  thousand  (10,000) 
troops,  following  up  and  supporting,  as  I  under 
stand,  the  force  now  pursuing  Banks.  Also,  that 
another  force  of  ten  thousand  is  near  Orleans, 
following  on  in  the  same  direction.  Stripped 
bare,  as  we  are  here,  I  will  do  all  we  can  to  pre 
vent  them  crossing  the  Potomac  at  Harper's  Fer 
ry  or  above.  McDowell  has  about  twenty  thou 
sand  of  his  forces  moving  back  to  the  vicinity  of 
Port  Royal ;  and  Fremont,  who  was  at  Franklin, 
is  moving  to  Ils>rrisonburgh ;  both  these  move 
ments  intended  .o  get  in  the  enemy's  rear. 

One  more  of  McDowell's  brigades  is  ordered 
through  here  to  Harper's  Ferry ;  the  rest  of  his 
forces  remain  for  the  present  at  Fredericksburgh. 
We  are  sending  such  regiments  and  dribs  from 


here  and  Baltimore  as  we  can  spare  to  Harper's 
Ferry,  supplying  their  places  in  some  sort,  call 
ing  in  militia  from  the  adjacent  States.  We  also 
have  eighteen  cannon  on  the  road  to  Harper's 
Ferry,  of  which  arm  there  is  not  a  single  one  at 
that  point.  This  is  now  our  situation. 

If  McDowell's  force  was  now  beyond  our  reach, 
we  should  be  entirely  helpless.  Apprehensions 
of  something  like  this,  and  no  unwillingness  to 
sustain  you,  has  always  been  my  reason  for  with 
holding  McDowell's  forces  from  you. 

Please  understand  this,  and  do  the  best  you 
can  with  the  forces  you  have. 

A.  LINCOLN, 

Major-General  MCCLELLAN.  President. 

On  the  twenty-fifth  the  following  was  also  re 
ceived  : 

WASHINGTON,  May  25, 1S62— 2  P.M. 

The  enemy  is  moving  north  in  sufficient  force 
to  drive  General  Banks  before  him  ;  precisely  in 
what  force  we  cannot  tell.  He  is  also  threatening 
Leesburgh,  and  Geary  on  the  Manassas  Gap  Rail 
road,  from  both  north  and  south ;  in  precisely 
what  force  we  cannot  tell.  I  think  the  movement 
is  a  general  and  concerted  one,  such  as  would  not 
be  if  he  was  acting  upon  the  purpose  of  a  very 
desperate  defence  of  Richmond.  I  think  the  time 
is  near  when  you  must  either  attack  Richmond 
or  give  up  the  job,  and  come  to  the  defence  of 
Washington.  Let  me  hear  from  you  instantly. 

A.  LINCOLN, 

Major-General  MCCLELLAN.  President, 

To  which  I  replied  as  follows: 

COAL  HARBOR,  May  25,  1862. 

Telegram  received.  Independently  of  it,  the 
time  is  very  near  when  I  shall  attack  Richmond. 
The  object  of  the  movement  is  probably  to  pre 
vent  reinforcements  being  sent  to  me.  All  the 
information  obtained  from  balloons,  deserters, 
prisoners,  and  contrabands,  agrees  in  the  state 
ment  that  the  mass  of  the  rebel  troops  are  still 
in  the  immediate  vicinity  of  Richmond,  ready  to 
defend  it.  I  have  no  knowledge  of  Banks' s  po 
sition  and  force,  nor  what  there  is  at  Manassas ; 
therefore  cannot  form  a  definite  opinion  as  to  the 
force  against  him. 

I  have  two  corps  across  Chickahominy,  within 
six  miles  of  Richmond ;  the  others  on  this  side 
at  other  crossings  within  same  distance,  and  ready 
to  cross  when  bridges  are  completed. 

G.  B.  MCCLELLAN, 

Major-General  Commanding. 

His  Excellency,  A.  LINCOLN, 

President. 

On  the  twenty-sixth  I  received  the  following : 

WASHIKOTON,  May  26, 1862—12.40  A.M. 
We  have  General  Banks's  official  report.  He 
las  saved  his  army  and  baggage,  and  has  made  a 
safe  retreat  to  the  river,  and  is  probably  safe  at 
Wiiliamsport.  He  reports  the  attacking  force  at 
fifteen  thousand,  (15,000.) 

A.  LINCOLN, 
Major-General  MCCLELLAN.  President. 


DOCUMENTS. 


569 


On  the  twenty-sixth  I  received  the  following  : 

WASHINGTON,  May  26, 1862. 

Can  you  not  cut  the  Acquia  Creek  Railroad  ? 
Also,  what  impression  have  you  as  to  intrenched 
works  for  you  to  contend  with  in  front  of  Rich 
mond  ?  Can  you  get  near  enough  to  throw  shells 
into  the  city  ?  A.  LINCOLN, 

Major-General  G.  B.  MCCLELLAN.  President, 

On  the  same  day  I  sent  the  following  : 

COAL  HARBOR,  May  26, 1862. 

Have  cut  the  Virginia  Central  Road  in  three 
places  between  Hanover  Court-House  and  the 
Chickahominy.  Will  try  to  cut  the  other.  I  do 
not  think  Richmond  intrenchments  formidable ; 
but  am  not  certain.  Hope  very  soon  to  be  with 
in  shelling  distance.  Have  railroad  in  operation 
from  White  House  to  Chickahominy.  Hope  to 
hav-e  Chickahominy  bridge  repaired  to-night. 
Nothing  of  interest  to-day. 

G.  B.  McCLELLAN, 
Major-General  Commanding. 

His  Excellency,  A.  LINCOLN, 

President. 

The  interruption  of  the  railroad,  here  referred 
to,  was  effected  by  the  command  of  Brigadier- 
General  Stoneman,  and  was  intended  to  prevent 
the  enemy  from  drawing  supplies  by  that  route, 
or  from  sending  reinforcements  to  Anderson  or 
Jackson. 

At  ten  A.M.  I  sent  also  the  following  despatch: 

Telegrams  of  last  night  received.  I  am  glad 
to  know  affairs  are  not  so  bad  as  might  have 
been.  I  would  earnestly  call  your  attention  to 
my  instructions  to  General  Banks  of  March  six 
teenth,  to  General  Wads  worth  of  the  same  date, 
and  to  my  letter  of  April  first,  to  the  Adjutant- 
General.  I  cannot  but  think  that  a  prompt  re 
turn  to  the  principles  there  laid  down  would  re 
lieve  all  probability  of  danger.  I  will  forward 
copies  by  mail.  I  beg  to  urge  the  importance 
of  Manassas  and  Front  Royal  in  contradistinction 
to  Fredericksburgh.  G.  B.  MCCLELLAN, 

Major-General. 

His  Excellency,  A.  LINCOLN, 

President. 

Later  on  the  twenty-sixth  I  sent  the  following : 

CAMP  NEAR  NEW-BRIDGR,      ) 
May  26,  1862—750  P.M.  f 

Have  arranged  to  carry  out  your  last  orders. 
We  are  quietly  closing  in  upon  the  enemy,  pre- 

rratory  to  the  last  struggle.  Situated  as  I  am, 
feel  forced  to  take  every  possible  precaution 
against  disaster,  and  to  secure  my  flanks  against 
the  probably  superior  force  in  front  of  me.  My 
arrangements  for  to  morrow  are  very  important, 
and  if  successful,  will  leave  me  free  to  strike  on 
the  return  of  the  force  detached. 

G.  B.  McCLELLAN, 

Major-General. 

His  Excellency,  A.  LINCOLN, 

President. 

On  the  same  day  I  received  intelligence  that 
a  very  considerable  force  of  the  enemy  was  in 


the  vicinity  of  Hanover  Court-House,  to  the  right 
and  rear  of  our  army,  thus  threatening  our  com 
munications,  and  in  a  position  either  to  reenforce 
Jackson,  or  to  impede  McDowell's  junction, 
should  he  finally  move  to  unite  with  us.  On  the 
same  day  I  also  received  information  from  Gen 
eral  McDowell,  through  the  Secretary  of  War, 
that  the  enemy  had  fallen  back  from  Fredericks- 
burgh  toward  Richmond,  and  that  General  Mc 
Dowell's  advance  was  eight  miles  south  of  the 
Rappahannock.  It  was  thus  imperative  to  dis 
lodge  or  defeat  this  force,  independently  even  of 
the  wishes  of  the  President,  as  expressed  in  his 
telegram  of  the  twenty-sixth.  I  intrusted  this 
task  to  Brigadier-General  Fitz-John  Porter,  com 
manding  the  Fifth  corps,  with  orders  to  move  at 
daybreak  on  the  twenty-seventh. 

Through  a  heavy  rain  and  over  bad  roads,  that 
officer  moved  his  command  as  follows : 

Brigadier-General  W.  H.  Emory  led  the  ad 
vance,  with  the  Fifth  and  Sixth  regiments  United 
States  cavalry  and  Benson's  horse  battery  of  the 
Second  United  States  artillery,  taking  the  road 
from  New-Bridge  via  Mechanicsville,  to  Hanover 
Court-House. 

General  Morell's  division,  composed  of  the 
brigades  of  Martindale,  Butterfield,  and  McQuade, 
with  Berdan's  regiment  of  sharp-shooters,  and 
three  batteries,  under  Captain  Charles  Griffin, 
Fifth  United  States  artillery,  followed  on  the 
same  road. 

Colonel  G.  K.  Warren,  commanding  a  provi 
sional  brigade,  composed  of  the  Fifth  and  Thir 
teenth  New-York,  the  First  Connecticut  artillery, 
acting  as  infantry,  the  Sixth  Pennsylvania  cav 
alry,  and  Weeden's  Rhode  Island  battery,  moved 
from  his  station  at  Old  Church  by  a  road  run 
ning  to  Hanover  Court-House,  parallel  to  the 
Pamunkey. 

After  a  fatiguing  march  of  fourteen  miles 
through  the  mud  and  rain,  General  Emory,  at 
noon,  reached  a  point  about  two  miles  from  Han 
over  Court-House  where  the  road  forks  to  Ash 
land,  and  found  a  portion  of  the  enemy  formed 
in  line  across  the  Hanover  Court-House  road. 

General  Emory  had,  before  this,  been  joined 
by  the  Twenty-fifth  New- York  (of  Martinsdale's 
brigade)  and  Berdan's  sharp-shooters;  these 
regiments  were  deployed  with  a  section  of  Ben 
son's  battery,  and  advanced  slowly  toward  the 
enemy  until  reenforced  by  General  Butterfield 
with  four  regiments  of  his  brigade,  when  the 
enemy  was  charged  and  quickly  routed,  one  of 
his  guns  being  captured  by  the  Seventeenth 
New- York,  under  Colonel  Lansing,  after  having 
been  disabled  by  the  fire  of  Benson's  battery. 
The  firing  here  lasted  about  an  hour.  The  cav 
alry  and  Benson's  battery  were  immediately  or 
dered  in  pursuit,  followed  by  Morell's  infantry 
and  artillery,  with  the  exception  of  Martindale's 
brigade.  Warren's  brigade  having  been  delayed 
by  repairing  bridges,  etc.,  now  arrived,  too  late 
to  participate  in  this  affair ;  a  portion  of  this 
command  was  sent  to  the  Pamunkey  to  destroy 
bridges,  and  captured  quite  a  number  of  prison- 
ers:  the  remainder  followed  Morell's  division 


670 


REBELLION  RECORD,  1862-63. 


In  the  mean  time  General  Martindale,  with  the 
few  remaining  regiments  of  his  brigade  and  a 
section  of  artillery,  advanced  on  the  Ashland 
road,  and  found  a  force  of  the  enemy's  infantry, 
cavalry,  and  artillery,  in  position  near  Beake's 
Station,  on  the  Virginia  Central  Railroad ;  he 
soon  forced  them  to  retire  toward  Ashland. 

The  Twenty-fifth  New-York  having  been  or 
dered  to  rejoin  him,  General  Martindale  was  di 
rected  to  form  his  brigade  and  move  up  the  rail 
road  to  rejoin  the  rest  of  the  command  at  Hano 
ver  Court-House. 

He  sent  one  regiment  up  the  railroad,  but  re 
mained  with  the  Second  Maine,  afterward  joined 
by  the  Twenty-fifth  New-York,  to  guard  the  rear 
of  the  main  column. 

The  enemy  soon  returned  to  attack  General 
Martindale,  who  at  once  formed  the  Second  Maine, 
Twenty-fifth  New-York,  and  a  portion  of  the 
Forty-fourth  New-York,  with  one  section  of  Mar 
tin's  battery,  on  the  New-Bridge  road,  facing  his 
own  position  of  the  morning,  and  then  held  his 
ground  for  an  hour  against  large  odds  until  re- 
enforced. 

General  Porter  was  at  Hanover  Court-House, 
near  the  head  of  his  column,  when  he  learned 
that  the  rear  had  been  attacked  by  a  large  force. 
He  at  once  faced  the  whole  column  about,  re 
called  the  cavalry  sent  in  pursuit  toward  Ash 
land,  moved  the  Thirteenth  and  Fourteenth  New- 
York  and  Griffin's  battery  direct  to  Martindale's 
assistance,  pushed  the  Ninth  Massachusetts  and 
Sixty-second  Pennsylvania,  of  McQuade's  bri 
gade,  through  the  woods  on  the  right,  (our  origi 
nal  left,)  and  attacked  the  flank  of  the  enemy, 
while  Butterfield,  with  the  Eighty-third  Pennsyl 
vania  and  Sixteenth  Michigan,  hastened  toward 
the  scene  of  action  by  the  railroad,  and  through 
the  woods,  further  to  the  right,  and  completed 
the  rout  of  the  enemy.  During  the  remainder 
of  this  and  the  following  day  our  cavalry  was 
active  in  the  pursuit,  taking  a  number  of  pris 
oners. 

Captain  Harrison,  of  the  Fifth  United  States 
cavalry,  with  a  single  company,  brought  in  as 
prisoners  two  entire  companies  of  infantry  with 
their  arms  and  ammunition.  A  part  of  Rush's 
Lancers  also  captured  an  entire  company  with 
their  arras. 

The  immediate  results  of  these  affairs  were, 
some  two  hundred  of  the  enemy's  dead  buried 
by  our  troops,  seven  hundred  and  thirty  prison 
ers  sent  to  the  rear,  one  twelve-pound  howitzer, 
one  caisson,  a  large  number  of  small  arms,  and 
two  railroad  trains,  captured. 

Our  loss  amounted  to  fifty-three  killed,  three 
hundred  and  forty-four  wounded  and  missing. 

The  force  encountered  and  defeated  was  Gen 
eral  Branch's  division,  of  North-Carolina  and 
Georgia  troops,  supposed  to  have  been  some  nine 
thousand  strong.  Their  camp  at  Hanover  Court- 
House  was  taken  and  destroyed. 

Having  reason  to  believe  that  General  Ander 
son,  with  a  strong  force,  was  still  at  Ashland,  I 
ordered  General  Sykes's  division  of  regulars  to 
move  on  the  twenty-eighth  from  New-Bridge  to 


ward  Hanover  Court-House,  to  be  in  position  to 
support  General  Porter.  They  reached  a  point 
within  three  miles  of  Hanover  Court-House,  and 
remained  there  until  the  evening  of  the  twenty- 
ninth,  when  they  returned  to  their  original  camp. 

On  the  twenty-eighth  General  Stoneman's  com 
mand  of  cavalry,  horse  artillery,  and  two  regi 
ments  of  infantry,  were  also  placed  under  Gen 
eral  Porter's  orders. 

On  the  same  day  I  visited  Hanover  Court- 
House,  whence  I  sent  the  following  despatch : 

HAKOVKR  COURT-IIOOSB,  May  28—2  P.M. 

Porter's  action  of  yesterday  was  truly  a  glo 
rious  victory ;  too  much  credit  cannot  be  given 
to  his  magnificent  division  and  its  accomplished 
leader.  The  rout  of  the  rebels  was  complete ; 
not  a  defeat,  but  a  complete  rout.  Prisoners  are 
constantly  coming  in ;  two  companies  have  this 
moment  arrived  with  excellent  arms. 

There  is  no  doubt  that  the  enemy  are  concen 
trating  every  thing  on  Richmond.  I  will  do  my 
best  to  cut  off  Jackson,  but  am  doubtful  whether 
I  can. 

It  is  the  policy  and  duty  of  the  Government 
to  send  me  by  water  all  the  well-drilled  troops 
available.  I  am  confident  that  Washington  is 
in  no  danger.  Engines  and  cars  in  large  num 
bers  have  been  sent  up  to  bring  down  Jackson's 
command. 

I  may  not  be  able  to  cut  them  off,  but  will  try ; 
we  have  cut  all  but  the  Fredericksburgh  and 
Richmond  Railroad.  The  real  issue  is  in  the 
battle  about  to  be  fought  in  front  of  Richmond. 
All  our  available  troops  should  be  collected  here, 
not  raw  regiments,  but  the  well-drilled  troops. 
It  cannot  be  ignored  that  a  desperate  battle  is 
before  us ;  if  any  regiments  of  good  troops  re 
main  unemployed,  it  will  be  an  irreparable  fault 
committed.  G.  B.  MCCLELLAN, 

Major-General. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

Having  ascertained  the  state  of  affairs,  in 
structions  were  given  for  the  operations  of  the 
following  day. 

On  the  twenty-eighth  a  party  under  Major 
Williams,  Sixth  United  States  cavalry,  destroy 
ed  the  common  road  bridges  over  the  Pamunkey, 
and  Virginia  Central  Railroad  bridge  over  the 
South-Anna. 

On  the  twenty-ninth  he  destroyed  the  Freder 
icksburgh  and  Richmond  railroad  bridge  over  the 
South-Anna,  and  the  turnpike  bridge  over  the 
same  stream. 

On  the  same  day,  and  mainly  to  cover  the 
movement  of  Major  Williams,  General  Emory 
moved  a  column  of  cavalry  toward  Ashland, 
from  Hanover  Court-House.  The  advance  of 
this  column  under  Captain  Chambliss,  Fifth  Uni 
ted  States  cavalry,  entered  Ashland,  driving  out 
a  party  of  the  enemy,  destroyed  the  railroad 
bridge  over  Stony  Creek,  broke  up  the  railroad 
and  telegraph. 

Another  column  of  all  arms,  under  Colonel 
Warren,  was  sent  on  the  same  day  by  the  direct 


DOCUMENTS. 


571 


road  to  Ashland,  and  entered  it  shortly  after 
General  Emory's  column  had  retired,  capturing 
a  small  party  there. 

General  Stoneman  on  the  same  day  moved  on 
Ashland  by  Leach's  Station,  covering  well  the 
movements  of  the  other  columns. 

The  objects  of  the  expedition  having  been  ac 
complished,  and  it  being  certain  that  the  First 
corps  would  not  join  us  at  once,  General  Porter 
withdrew  his  command  to  their  camps  with  the 
main  army  on  the  evening  of  the  twenty-ninth. 

On  the  night  of  the  twenty-seventh  and  twen 
ty-eighth  I  sent  the  following  despatch  to  the 
Secretary  of  War : 

HEADQUARTERS  ARMT  OF  THE  POTOMAC,  ) 

CAMP  NEAR  NEW-BRIDGE,  May  28,  1862—12.30  A.M.  ) 

Porter  has  gained  two  complete  victories  over 
superior  forces,  yet  I  feel  obliged  to  move  in  the 
morning  with  reinforcements  to  secure  the  com 
plete  destruction  of  the  rebels  in  that  quarter. 
In  doing  so,  I  run  some  risk  here,  but  I  cannot 
help  it.  The  enemy  are  even  in  greater  force 
than  I  had  supposed.  I  will  do  all  that  quick 
movements  can  accomplish,  but  you  must  send 
me  all  the  troops  you  can,  and  leave  to  me  full 
latitude  as  to  choice  of  commanders.  It  is  ab 
solutely  necessary  to  destroy  the  rebels  near 
Hanover  Court-House  before  I  can  advance. 

G.  B.   McCLELLAN, 

Major-General. 

Hon  E.  M.  STANTON, 

Secretary  of  War. 

In  reply  to  which,  I  received  the  following 
from  the  President : 

WASHINGTON,  May  28,  1862. 

I  arn  very  glad  of  General  F.  J.  Porter's  vic 
tory  ;  still,  if  it  was  a  total  rout  of  the  enemy,  I 
am  puzzled  to  know  why  the  Richmond  and 
Fredericksburgh  Railroad  was  not  seized  again,  as 
you  say  you  have  all  the  railroads  but  the  Rich 
mond  and  Fredericksburgh.  I  am  puzzled  to  see 
how,  lacking  that,  you  can  have  any,  except  the 
scrap  from  Richmond  to  West-Point.  The  scrap 
of  the  Virginia  Central,  from  Richmond  to  Han 
over  Junction,  without  more,  is  simply  nothing. 
That  the  whole  of  the  enemy  is  concentrating  on 
Richmond,  I  think,  cannot  be  certainly  known  to 
you  or  me.  Saxton,  at  Harper's  Ferry,  informs 
us  that  large  forces,  supposed  to  be  Jackson's 
and  E  well's,  forced  his  advance  from  Charlestown 
to  day.  General  King  telegraphs  us  from  Fred 
ericksburgh  that  contrabands  give  certain  infor 
mation  that  fifteen  thousand  left  Hanover  Junc 
tion  Monday  morning  to  reenforce  Jackson.  I 
am  painfully  impressed  with  the  importance  of 
the  struggle  before  you,  and  shall  aid  you  all  I 
can  consistently  with  my  view  of  due  regard  to 
all  points.  A.  LINCOLN. 

Major-General  McCLELLAN. 

At  six  P.M.  of  the  twenty -ninth  I  sent  the  Sec 
retary  of  War  the  following  despatch  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  | 
May  29,  1862—6  P.M.  f 

General  Porter  has  gained  information  that 
General  Anderson  left  his  position  in  vicinity  of 


Fredericksburgh  at  four  A.M.  Sunday,  with  the 
following  troops  :  First  South-Carolina,  Colonel 
Hamilton  ;  one  battalion  South-Carolina  rifles  ; 
Thirty-fourth  and  Thirty-eighth  North-Carolina  ; 
Forty-fifth  Georgia ;  Twelfth,  Thirteenth  and 
Fourteenth  South-Carolina;  Third  Louisiana; 
two  batteries  of  four  guns  each,  namely,  Letch- 
er's  Virginia  and  Mclntosh's  South-Carolina  bat 
teries.  General  Anderson  and  his  command  pass 
ed  Ashland  yesterday  evening  en  route  for  Rich 
mond,  leaving  men  behind  to  destroy  bridges 
over  the  telegraph  road  which  they  travelled. 
This  information  is  reliable.  It  is  also  positively 
certain  that  Branch's  command  was  from  Gor- 
donsville,  bound  for  Richmond,  whither  they 
have  now  gone. 

It  may  be  regarded  as  positive,  I  think,  that 
there  is  no  rebel  force  between  Fredericksburgh 
and  Junction.  G.  B.  MCCLELLAN, 

Major-GeneraL 

Hon  E.  M.  STANTON, 

Secretary  of  War. 

The  following  was  also  sent  on  the  same  day : 

HEADQUARTERS  ARMT  OF  THE  POTOMAC,  } 
May  29,  1862.  f 

A  detachment  from  General  F.  J.  Porter's 
command,  under  Major  Williams,  Sixth  cavalry, 
destroyed  the  South-Anna  railroad  bridge  at  about 
nine  A.M.  to  day  ;  a  large  quantity  of  confederate 
pnblic  property  was  also  destroyed  at  Ashland 
this  morning.  R.  B.  MARCY, 

Chief  of  Sta£ 

Hon  E.  M.  STANTON, 

Secretary  of  War. 

In  reply  to  which  the  following  was  received : 

WASHINGTON,  May  29, 1862. 

Your  despatch  as  to  the  South-Anna  and  Ash 
land  being  seized  by  our  forces  this  morning  is 
received.  Understanding  these  points  to  be  on 
the  Richmond  and  Fredericksburgh  Railroad,  I 
heartily  congratulate  the  country,  and  thank 
General  McClellan  and  his  army  for  their  seiz 
ure.  A.  LINCOLN. 

General  R.  B.  MARCY. 

On  the  thirtieth  I  sent  the  following  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  f 
May  80,  1862.  f 

From  the  tone  of  your  despatches,  and  the 
President's,  I  do  not  think  that  you  at  all  appre 
ciate  the  value  and  magnitude  of  Porter's  victory. 
It  has  entirely  relieved  my  right  flank,  which 
was  seriously  threatened ;  routed  and  demoral 
ized  a  considerable  portion  of  the  rebel  forces ; 
taken  over  seven  hundred  and  fifty  prisoners  ; 
killed  and  wounded  large  numbers ;  one  gun, 
many  small  arms,  and  much  baggage  taken.  It 
was  one  of  the  handsomest  things  in  the  war, 
both  in  itself  and  in  its  results.  Porter  has  re 
turned,  and  my  army  is  again  well  in  hand. 
Another  day  will  make  the  probable  field  of  bat 
tle  passable  for  artillery.  It  is  quite  certain  that 
there  is  nothing  in  front  of  McDowell  at  Freder 
icksburgh.  I  regard  the  burning  of  South- Anna 


572 


REBELLION  RECORD,  1862-63. 


bridges  as  the  least  important  result  of  Porter's 
movement.  G.  B.  MCCLELLAN, 

Major-General. 

Hon  E.  M.  STANTON, 

Secretary  of  War. 

The  results  of  this  brilliant  operation  of  Gen 
eral  Porter  were  the  dispersal  of  General  Branch's 
division,  and  the  clearing  of  our  right  flank  and 
rear.  It  was  rendered  impossible  for  the  enemy 
to  communicate  by  rail  with  Frcdericksburgh,  or 
with  Jackson  via  Gordonsville,  except  by  the 
very  circuitous  route  of  Lynchburgh,  and  the 
road  was  left  entirely  open  for  the  advance  of 
McDowell  had  he  been  permitted  to  join  the 
army  of  the  Potomac.  His  withdrawal  toward 
Front  Royal  was,  in  my  judgment,  a  serious  and 
fatal  error ;  he  could  do  no  good  in  that  direc 
tion,  while,  had  he  been  permitted  to  carry  out 
the  orders  of  May  seventeenth,  the  united  forces 
would  have  driven  the  enemy  within  the  im 
mediate  intrenchments  of  Richmond  before  Jack 
son  could  have  returned  to  its  succor,  and  prob 
ably  would  have  gained  possession  promptly  of 
that  place.  I  respectfully  refer  to  the  reports  of 
General  Porter  and  his  subordinate  commanders 
for  the  names  of  the  officers  who  deserve  especial 
mention  for  the  parts  they  took  in  these  affairs, 
but  I  cannot  omit  here  my  testimony  to  the 
energy  and  ability  here  displayed  by  General 
Porter  on  this  occasion,  since  to  him  is  mainly 
due  the  successes  there  gained. 

On  the  twentieth  of  May,  a  reconnoissance  was 
ordered  on  the  south  side  of  the  Chickahominy 
toward  James  River.  This  was  accomplished 
by  Brigadier-General  H.  M.  Naglee,  who  crossed 
his  brigade  near  Bottom's  Bridge,  and  pushed 
forward  to  within  two  miles  of  James  River  with 
out  serious  resistance,  or  finding  the  enemy  in 
force.  The  rest  of  the  Fourth  corps,  commanded 
by  General  E.  D.  Keyes,  crossed  the  Chicka 
hominy  on  the  twenty-third  of  May. 

On  the  twenty-fourth,  twenty-fifth,  and  twen 
ty-sixth,  a  very  gallant  reconnoissance  was  push 
ed  by  General  Naglee,  with  his  brigade,  beyond 
the  Seven  Pines,  and  on  the  twenty-fifth  the 
Fourth  corps  was  ordered  to  take  up  and  fortify 
a  position  in  the  vicinity  of  the  Seven  Pines. 
The  order  was  at  once  obeyed  ;  a  strong  line  of 
rifle-pits  opened,  and  an  abatis  constructed  a 
little  in  the  rear  of  the  point  where  the  Nine-Mile 
road  comes  into  the  Williamsburgh  road. 

On  the  same  day  General  Heintzelman  was 
ordered  to  cross  with  his  corps,  (the  Third,)  and 
take  a  position  two  miles  in  advance  of  Bottom's 
Bridge,  watching  the  crossing  of  White  Oak 
Swamp,  and  covering  the  left  and  the  rear  of  the 
left  wing  of  the  army.  Being  the  senior  officer 
on  that  side  of  the  river,  he  was  placed  in  com 
mand  of  both  corps,  and  ordered  to  hold  the 
Seven  Pines  at  all  hazards,  but  not  to  withdraw 
the  troops  from  the  crossings  of  White  Oak 
Swamp  unless  in  an  emergency. 

On  the  twenty-eighth,  General  Keyes  was  or 
dered  to  advance  Casey's  division  to  Fair  Oaks, 
on  the  Williamsburgh  road,  some  three  quarters 
of  a  mile  in  front  of  the  Seven  Pines,  leaving 


General  Couch's  division  at  the  line  of  rifle-pits. 
A  new  line  of  rifle-pits  and  a  small  redoubt  for 
six  field-guns  were  commenced,  and  much  of  the 
timber  in  front  of  this  line  was  felled  on  the  two 
days  following.  The  picket-line  was  establish 
ed,  reaching  from  the  Chickahominy  to  White 
Oak  Swamp. 

On  the  thirtieth,  General  Heintzelman,  repre- 
resenting  that  the  advance  had  met  with  sharp 
opposition  in  taking  up  their  position,  and  that 
he  considered  the  point  a  critical  one,  requested 
and  obtained  authority  to  make  such  dispositions 
of  his  troops  as  he  saw  fit  to  meet  the  emergency. 
He  immediately  advanced  two  brigades  of  Kear- 
ny's  division  about  the  fourth  of  a  mile  in  front 
of  Savage's  Station,  thus  placing  them  within 
supporting  distance  of  Casey's  division,  which 
held  the  advance  of  the  Fourth  corps. 

On  the  thirtieth,  the  troops  on  the  south  side 
of  the  Chickahominy  were  in  position  as  follows : 
Casey's  division  on  the  right  of  the  Williams 
burgh  road,  at  right  angles  to  it,  the  centre  at 
Fair  Oaks  ;  Couch's  division  at  the  Seven  Pines  ; 
Kearny's  division  on  the  railroad,  from  near 
Savage's  Station  toward  the  bridge ;  Hooker's 
division  on  the  borders  of  White  Oak  Swamp. 
Constant  skirmishing  had  been  kept  up  between 
our  pickets  and  those  of  the  enemy  ;  while  these 
lines  were  being  taken  up  and  strengthened, 
large  bodies  of  confederate  troops  were  seen  im 
mediately  to  the  front  and  right  of  Casey's  po 
sition. 

During  the  day  and  night  of  the  thirtieth  of 
May  a  very  violent  storm  occurred,  the  rain  fall 
ing  in  torrents  rendered  work  on  the  rifle- pits 
and  bridges  impracticable ;  made  the  roads  almost 
impassable,  and  threatened  the  destruction  of  the 
bridges  over  the  Chickahominy. 

The  enemy  perceiving  the  unfavorable  position 
in  which  we  were  placed,  and  the  possibility  of 
destroying  that  part  of  our  army  which  was  ap 
parently  cut  off  from  the  main  body  by  the  rap 
idly  rising  stream,  threw  an  overwhelming  force 
(grand  divisions  of  Generals  D.  H.  Hill,  Huger, 
Longstreet,  and  G.  W.  Smith)  upon  the  position 
occupied  by  Casey's  division. 

It  appears  from  the  official  reports  of  General 
Keyes  and  his  subordinate  commanders  that  at 
ten  o'clock  A.M.  on  the  thirty-first  of  May  an  aid- 
de-camp  of  General  J.  E.  Johnston  was  cap 
tured  by  General  Naglee's  pickets.  But  little 
information  as  to  the  movements  of  the  enemy 
was  obtained  from  him,  but  his  presence  so  near 
our  lines  excited  suspicion  and  caused  increased 
vigilance,  and  the  troops  were  ordered  by  Gen^ 
eral  Keyes  to  be  under  arms  at  eleven  o'clock. 
Between  eleven  and  twelve  o'clock  it  was  report 
ed  to  General  Casey  that  the  enemy  were  ap 
proaching  in  considerable  force  on  the  Williams 
burgh  road.  At  this  time  Casey's  division  was 
disposed  as  follows :  Naglee's  brigade  extend 
ing  from  the  Williamsburgh  road  to  the  Gar- 
nett  Field,  having  one  regiment  across  the  rail 
road  ;  General  Wessel's  brigade  in  the  rifle-pits, 
and  General  Palmer's  in  the  rear  of  General 
Wessel's ;  one  battery  of  artillery  in  advance  with 


i 


MAJOR  NOAH  H.  FERRY. 


MICHIGAN    CAV. 


DOCUMENTS. 


573 


General  Naglee ;  one  battery  in  rear  of  rifle-pits 
to  the  right  of  the  redoubt ;  one  battery  in  rear 
of  the  redoubt,  and  another  battery  unharnessed 
in  the  redoubt.  General  Couch's  division,  hold 
ing  the  second  line,  had  General  Abercrombie's 
brigade  on  the  right,  along  the  Nine-Mile  road, 
with  two  regiments  and  one  battery  across  the 
railroad  near  Fair  Oaks  Station  ;  General  Peck's 
brigade  on  the  right,  and  General  Devens's  in  the 
centre. 

On  the  approach  of  the  enemy,  General  Casey 
sent  forward  one  of  General  Palmer's  regiments 
to  support  the  picket-line,  but  this  regiment  gave 
way  without  making  much,  if  any,  resistance. 
Heavy  firing  at  once  commenced,  and  the  pickets 
were  driven  in.  General  Keyes  ordered  General 
Couch  to  move  General  Peck's  brigade  to  occupy 
the  ground  on  the  left  of  the  Williamsburgh  road, 
which  had  not  before  been  occupied  by  our  forces, 
and  thus  to  support  General  Casey's  left,  where  the 
first  attack  was  the  most  severe.  The  enemy  now 
came  on  in  heavy  force,  attacking  General  Casey 
simultaneously  in  front  and  on  both  flanks.  Gen 
eral  Keyes  sent  to  General  Heintzelman  for  ree'n- 
forcements,  but  the  messenger  was  delayed,  so 
that  orders  were  not  sent  to  Generals  Kearny 
and  Hooker  until  nearly  three  o'clock,  and  it 
was  nearly  five  P.M.  when  Generals  Jameson  and 
Berry's  brigades  of  General  Kearny's  division 
arrived  on  the  field.  General  Birney  was  or 
dered  up  the  railroad,  but  by  General  Kearny's 
order  halted  his  brigade  before  arriving  at  the 
scene  of  action.  Orders  were  also  despatched 
for  General  Hooker  to  move  up  from  White  Oak 
Swamp,  and  he  arrived  after  dark  at  Savage's 
Station. 

As  soon  as  the  firing  was  heard  at  headquar 
ters,  orders  were  sent  to  General  Sumner  to  get 
his  command  under  arms  and  be  ready  to  move 
at  a  moment's  warning.  His  corps,  consisting  of 
Generals  Richardson's  and  Sedgwick's  divisions, 
was  encamped  on  the  north  side  of  the  Chicka- 
hominy,  some  six  miles  above  Bottom's  Bridge ; 
each  division  had  thrown  a  bridge  over  the  stream 
opposite  to  its  own  position. 

At  one  o'clock  General  Sumner  moved  the  two 
divisions  to  their  respective  bridges,  with  instruc 
tions  to  halt  and  await  further  orders.  At  two 
o'clock  orders  were  sent  from  headquarters  to 
cross  these  divisions  without  delay,  and  push 
them  rapidly  to  General  Heintzelman's  support. 
This  order  was  received  and  communicated  at 
half-past  two,  and  the  passage  was  immediately 
commenced.  In  the  mean  time  General  Naglee's 
brigade,  with  the  batteries  of  General  Casey's  di 
vision,  which  General  Naglee  directed,  struggled 
gallantly  to  maintain  the  redoubt  and  rifle-pits 
against  tha  overwhelming  masses  of  the  enemy. 
They  were  reenforced  by  a  regiment  from  Gen 
eral  Peck's  brigade.  The  artillery  under  com 
mand  of  Colonel  G.  D.  Bailey,  First  New-York 
artillery,  and  afterward  of  General  Naglee,  did 
good  execution  on  the  advancing  column.  The 
left  of  this  position  was,  however,  soon  turned, 
and  a  sharp  cross-fire  opened  upon  the  gunners 
and  men  in  the  rifle-pits.  Colonel  Bailey,  Major 
S.  D.  87. 


Van  Valkenberg,  and  Adjutant  Ramsey,  of  the 
same  regiment,  were  killed ;  some  of  the  guns  in 
the  redoubt  were  taken,  and  the  whole  line  was 
driven  back  upon  the  position  occupied  by  Gen 
eral  Couch.  The  brigades  of  Generals  Wessel 
and  Palmer,  with  the  reinforcements  which  had 
been  sent  them  from  General  Couch,  had  also 
been  driven  from  the  field  with  heavy  loss,  and 
the  whole  position  occupied  by  General  Casey's 
division  was  taken  by  the  enemy. 

Previous  to  this  time  General  Keyes  ordered. 
General  Couch  to  advance  two  regiments  to  re 
lieve  the  pressure  up'on  General  Casey's  right 
flank.  In  making  this  movement,  General  Couch 
discovered  large  masses  of  the  enemy  pushing  to 
ward  our  right,  and  crossing  the  railroad,  as  well 
as  a  heavy  column  which  had  been  held  in  re 
serve,  and  which  was  now  making  its  way  toward 
Fair  Oaks  Station.  General  Couch  at  once  en 
gaged  this  column  with  two  regiments;  but, 
though  reenforced  by  two  additional  regiments, 
he  was  overpowered,  and  the  enemy  pushed  be 
tween  him  and  the  main  body  of  his  division. 
With  these  four  regiments  and  one  battery  Gen 
eral  Couch  fell  back  about  half  a  mile  toward  the 
Grapevine  bridge,  where,  hearing  that  General 
Sumner  had  crossed,  he  formed  line  of  battle  fac 
ing  Fair  Oaks  Station,  and  prepared  to  hold  the 
position. 

Generals  Berry  and  Jameson's  brigades  had  by 
this  time  arrived  in  front  of  the  Seven  Pines. 
General  Berry  was  ordered  to  take  possession  of 
the  woods  on  the  left,  and  push  forward  so  as  to 
have  a  flank  fire  on  the  enemy's  lines.  This 
movement  was  executed  brilliantly,  General  Ber 
ry  pushing  his  regiments  forward  through  the 
woods  until  their  rifles  commanded  the  left  of  the 
camp  and  works  occupied  by  General  Casey's  di 
vision  in  the  morning.  Their  fire  on  the  pursu 
ing  columns  of  the  enemy  was  very  destructive, 
and  assisted  materially  in  checking  the  pursuit 
in  that  part  of  the  field.  He  held  his  position  in 
these  woods  against  several  attacks  of  superior 
numbers,  and  after  dark,  being  cut  off  by  the  en 
emy  from  the  main  body,  he  fell  back  toward 
White  Oak  Swamp,  and  by  a  circuit  brought  his 
men  into  our  lines  in  good  order. 

General  Jameson,  with  two  regiments,  (the 
other  two  of  his  brigade  having  been  detached — 
one  to  General  Peck  and  one  to  General  Birney,) 
moved  rapidly  to  the  front  on  the  left  of  the  Wil 
liamsburgh  road,  and  succeeded  for  a  time  in 
keeping  the  abatis  clear  of  the  enemy.  But  large 
numbers  of  the  enemy  pressing  past  the  right  of 
his  line,  he  too  was  forced  to  retreat  through  the 
woods  toward  White  Oak  Swamp,  and  in  that 
way  gained  camp  under  cover  of  night. 

Brigadier-General  Devens,  who  had  held  the 
centre  of  General  Couch's  division,  had  made  re 
peated  and  gallant  efforts  to  regain  portions  of  the 
ground  lost  in  front,  but  each  time  was  driven 
back,  and  finally  withdrew  behind  the  rifle-pits 
near  Seven  Pines. 

Meantime  General  Sumner  had  arrived  with  tha 
advance  of  his  corps,  General  Sedgwick.'s  division, 
at  the  point  held  by  General  Couch  with  four  re 


574 


REBELLION  RECORD,  1862-65. 


giments  and  one  battery.  The  roads  leading  from 
the  bridge  were  so  miry  that  it  was  only  by  the 
greatest  exertion  General  Sedgwick  had  been  able 
to  get  one  of  his  batteries  to  the  front. 

The  leading  regiment  (First  Minnesota,  Colonel 
Sully)  was  immediately  deployed  to  the  right  of 
Couch,  to  protect  the  flank,  and  the  rest  of  the 
division  formed  in  line  of  battle,  Kirby's  battery 
near  the  centre,  in  an  angle  of  the  woods.  One 
of  General  Couch's  regiments  was  sent  to  open 
communication  with  General  Heintzelman.  No 
sooner  were  these  dispositions  made  than  the  en 
emy  came  in  strong  force  and  opened  a  heavy  fire 
along  the  line.  He  made  several  charges,  but 
was  each  time  repulsed  with  great  loss  by  the 
steady  fire  of  the  infantry  and  the  splendid  prac 
tice  of  the  battery.  After  sustaining  the  enemy's 
fire  for  a  considerable  time.  General  Simmer  or 
dered  five  regiments  (the  Thirty-fourth  New- York, 
Colonel  Senter;  Eighty-second  New- York,  Lieu 
tenant-Colonel  Hudson ;  Fifteenth  Massachusetts, 
Lieutenant-Colonel  Kimball ;  Twentieth  Massa 
chusetts,  Colonel  Lee;  Seventh  Michigan,  Major 
Richardson — the  three  former  of  General  Gor 
man's  brigade,  the  two  latter  of  General  Dana's 
brigade)  to  advance  and  charge  with  the  bayonet. 
This  charge  was  executed  in  the  most  brilliant 
manner.  Our  troops,  springing  over  two  fences 
which  were  between  them  and  the  enemy,  rushed 
upon  his  lines,  and  drove  him  in  confusion  from 
that  part  of  the  field.  Darkness  now  ended  the 
battle  for  that  day. 

During  the  night  dispositions  were  made  for  its 
early  renewal.  General  Couch's  division,  and  so 
much  of  General  Casey's  as  could  be  collected  to 
gether,  with  General  Kearny's,  occupied  the  rifle- 
pits  near  Seven  Pines.  General  Peck,  in  falling 
back  on  the  left,  had  succeeded  late  in  the  after 
noon  in  raltying  a  considerable  number  of  strag 
glers,  and  was  taking  them  once  more  into  the 
action,  when  he  was  ordered  back  to  the  intrench 
ed  camp  by  General  Kearny.  General  Hooker 
brought  up  his  division  about  dark,  having  been 
delayed  by  the  heaviness  of  the  roads  and  the 
throng  of  fugitives  from  the  field,  through  whom 
the  colonel  of  the  leading  regiment  (Starr)  reports 
he  "  was  obliged  to  force  his  way  with  the  bay 
onet."  The  division  biouvacked  for  the  night  in 
rear  of  the  right  of  the  rifle-pits,  on  the  other  side 
of  the  railroad.  General  Richardson's  division 
also  came  upon  the  field  about  sunset.  He  had 
attempted  the  passage  of  the  Chickahominy  by 
the  bridge  opposite  his  own  camp,  but  it  was  so 
far  destroyed  that  he  was  forced  to  move  Gener 
als  Howard  and  Meagher's  brigades  with  all  his 
artillery,  around  by  General  Sedgwick's  bridge, 
while  General  French's  brigade,  with  the  utmost 
difficulty,  crossed  by  the  other.  General  Sedg 
wick's  division,  with  the  regiments  under  General 
Couch,  held  about  the  same  position  as  when  the 
fight  ceased,  and  General  Richardson  on  his  ar 
rival  was  ordered  to  place  his  division  on  the  left 
to  connect  with  General  Kearny  ;  General 
French's  brigade  was  posted  along  the  railroad,  ! 
\nd  Generals  Howard  and  Meagher's  brigades  in  j 
second  and  third  lines.  All  his  artillery  had  been  ; 


left  behind,  it  being  impossible  to  move  it  forward 
through  the  deep  mud  as  rapidly  as  the  infantry 
pushed  toward  the  field,  but  during  the  night  the 
three  batteries  of  the  division  were  brought  to  the 
front. 

About  five  o'clock  on  the  morning  of  the  first 
of  June,  skirmishers  and  some  cavalry  of  the  en 
emy  were  discovered  in  front  of  General  Richard 
son's  division.  Captain  Pettit's  battery,  (B,  First 
New- York,)  having  come  upon  the  ground,  threw 
a  few  shells  among  them,  when  thev  dispersed. 
There  was  a  wide  interval  between  General  Rich 
ardson  and  General  Kearny.  To  close  this,  Gen 
eral  Richardson's  line  was  extended  to  the  left 
and  his  first  line  moved  over  the  railroad.  Scarce 
ly  had  they  gained  the  position,  when  the  enemy 
appearing  in  large  force  from  the  woods  in  front, 
opened  a  heavy  fire  of  musketry  at  short-range 
along  the  whole  line.  He  approached  very  rap 
idly  with  columns  of  attack  formed  on  two  roads 
which  crossed  the  railroad.  These  columns  were 
supported  by  infantry  in  line  of  battle  on  each 
side,  cutting  General  French's  line.  He  threw 
out  no  skirmishers,  but  appeared  determined  to 
carry  all  before  him  by  one  crushing  blow.  For 
nearly  an  hour  the  first  line  of  General  Richard 
son's  division  stood  and  returned  the  fire,  the 
lines  of  the  enemy  being  reenforced  and  relieved 
time  after  time,  till  finally  General  Howard  was 
ordered  with  his  brigade  to  go  to  General  French's 
assistance.  He  led  his  men  gallantly  to  the  front, 
and  in  a  few  minutes  the  fire  of  the  enemy  ceased 
and  his  whole  line  fell  back  on  that  part  of  the 
field.  On  the  opening  of  the  firing  in  the  morn 
ing,  General  Hooker  pushed  forward  on  the  rail 
road  with  two  regiments,  (Fifth  and  Sixth  New- 
Jersey,)  followed  by  General  Sickles's  brigade. 
It  was  found  impossible  to  move  the  artillery  of 
this  division  from  its  position  on  account  of  the 
mud.  On  coming  near  the  woods,  which  were 
held  by  the  enemy  in  force,  General  Hooker  found 
General  Birney's  brigade,  Colonel  J.  Hobart  Ward 
in  command,  in  line  of  battle.  He  sent  back  to 
hasten  General  Sickles's  brigade,  but  ascertained 
that  it  had  been  turned  off  to  the  left  by  General 
Heintzelman  to  meet  a  column  advancing  in  that 
direction.  He  at  once  made  the  attack  with  the 
two  New-Jersey  regiments,  calling  upon  Colonel 
Ward  to  support  him  with  General  Birney's  bri 
gade.  This  was  well  done,  our  troops  advancing 
into  the  woods  under  a  heavy  fire,  and  pushing 
the  enemy  before  them  for  more  than  an  hour  of 
hard  fighting.  A  charge  with  the  bayonet  was 
then  ordered  by  General  Hooker  with  the  Fifth 
and  Sixth  New-Jersey,  Third  Maine,  and  Thirty- 
eighth  and  Fortieth  New-York,  and  the  enemy 
fled  in  confusion,  throwing  down  arms  and  even 
clothing  in  his  flight.  General  Sickles,  having 
been  ordered  to  the  left,  formed  line  of  battle  on 
both  sides  of  the  Williamsburgh  road  and  ad 
vanced  under  a  sharp  fire  from  the  enemy,  deploy 
ed  in  the  woods  in  front  of  him  ;  after  a  brisk  in 
terchange  of  musketry-fire  while  crossing  the  open 
ground,  the  Excelsior  brigade  dashed  into  tho 
timber  with  the  bayonet  and  put  the  enemy  to 
flight. 


DOCUMENT& 


575 


On  the  right  the  enemy  opened  fire  after  half 
an  hour's  cessation,  which  was  promptly  respond 
ed  to  by  General  Richardson's  division.  Again 
the  most  vigorous  efforts  were  made  to  break  our 
line,  and  again  they  were  frustrated  by  the  steady 
courage  of  our  troops.  In  about  an  hour  Gen 
eral  Richardson's  whole  line  advanced,  pouring 
in  their  fire  at  close-range,  which  threw  the  line 
of  the  enemy  back  in  some  confusion.  This  was 
followed  up  by  a  bayonet-charge  led  by  General 
French  in  person,  with  the  Fifty-seventh  and  Six 
ty-sixth  New- York,  supported  by  two  regiments 
sent  by  General  Heintzelman,  the  Seventy-first 
and  Seventy-third  New-York,  which  turned  the 
confusion  of  the  enemy  into  precipitated  flight. 
One  gun  captured  the  previous  day  was  retaken. 

Our  troops  pushed  forward  as  far  as  the  lines 
held  by  them  on  the  thirty-first  before  the  at 
tack.  On  the  battle-field  there  were  found  many 
of  our  own  and  the  confederate  wounded,  arms, 
caissons,  wagons,  subsistence  stores,  and  forage, 
abandoned  by  the  enemy  in  his  rout.  The  state  of 
the  roads  and  impossibility  of  manoeuvring  artil 
lery  prevented  further  pursuit.  On  the  next  morn 
ing  a  reconnoissance  was  sent  forward,  which 
pressed  back  the  pickets  of  the  enemy  to  within 
five  miles  of  Richmond  ;  but  again  the  impossi 
bility  of  forcing  even  a  few  batteries  forward  pre 
cluded  our  holding  permanently  this  position. 
The  lines  held  previous  to  the  battle  were  there 
fore  resumed.  General  J.  E.  Johnston  reports 
loss  of  the  enemy  in  Longstreet's  and  G.  W. 
Smith's  divisions  at  four  thousand  two  hundred 
and  eighty-three;  General  D.  H.  Hill,  who  had 
taken  the  advance  in  the  attack,  estimates  his 
loss  at  two  thousand  five  hundred  ;  which  would 
give  the  enemy's  loss  six  thousand  seven  hundred 
and  eighty-three.  Our  loss  was,  in  General  Sum- 
ner's  corps,  one  thousand  two  hundred  and  twen 
ty-three  ;  General  Heintzelman's  corps,  one  thou 
sand  three  hundred  and  ninety-four ;  General 
Reyes's  corps,  three  thousand  one  hundred  and 
twenty — total,  five  thousand  seven  hundred  and 
thirty-seven. 

Previous  to  the  arrival  of  General  Sumner  upon 
the  field  of  battle,  on  the  thirty-first  of  May,  Gen 
eral  Heintzelman,  the  senior  corps  commander 
present,  was  in  the  immediate  command  of  the 
forces  engaged.  The  first  information  I  received 
that  tVie  battle  was  in  progress  was  a  despatch 
from  him  stating  that  Casey's  division  had  given 
way.  During  the  night  of  the  thirty-first  I  re 
ceived  a  despatch  from  him,  dated  forty-five  min 
utes  past  eight  P.M.  in  which  he  says :  "  I  am 
just  in.  When  I  got  to  the  front  the  most  of 
General  Casey's  division  had  dispersed.  .  .  . 
The  rout  of  General  Casey's  men  had  a  most  dis 
piriting  effect  on  the  troops  as  they  came  up.  I 
saw  no  reason  why  we  should  have  been  driven 
back." 

This  official  statement,  together  with  other  ac 
counts  received  previous  to  my  arrival  upon  the 
battle-field,  to  the  effect  that  Casey's  division  had 
given  way  without  making  proper  resistance, 
caused  me  to  state,  in  a  telegram  to  the  Secretary 
of  War  on  tne  first,  that  this  division  u  gave  way 


unaccountably  and  discreditably."  Subsequent 
investigations,  however,  greatly  modified  the  im 
pressions  first  received,  and  I  accordingly  advised 
the  Secretary  of  War  of  this  in  a  despatch  on  the 
fifth  of  June. 

The  official  reports  of  Generals  Keyes,  Casey, 
and  Naglee*  show  that  a  very  considerable  portion 
of  this  division  fought  well,  and  that  the  brigade 
of  General  Naglee  is  entitled  to  credit  for  its  gal 
lantry.  This  division,  among  the  regiments  of 
which  were  eight  of  comparatively  new  troops, 
was  attacked  by  superior  numbers  ;  yet,  accord 
ing  to  the  reports  alluded  to,  it  stood  the  attack 
ufor  three  hours  before  it  was  reenforced."  A 
portion  of  the  division  was  thrown  into  great  con 
fusion  upon  the  first  onslaught  of  the  enemy ; 
but  the  personal  efforts  of  General  Naglee,  Col 
onel  Bailey,  and  other  officers,  who  boldly  went 
to  the  front  and  encouraged  the  men  by  their 
presence  and  example,  at  this  critical  juncture, 
rallied  a  great  part  of  the  division,  and  thereby 
enabled  it  to  act  a  prominent  part  in  this  severely 
contested  battle.  It  therefore  affords  me  great 
satisfaction  to  withdraw  the  expression  contained 
in  my  first  despatch,  and  I  cordially  give  my  in 
dorsement  to  the  conclusion  of  the  division  com 
mander,  "  that  those  parts  of  his  command  which 
behaved  discreditably  were  exceptional  cases." 

On  the  thirty-first,  when  the  battle  of  Fair 
Oaks  commenced,  we  had  two  of  our  bridges 
nearly  completed  ;  but  the  rising  waters  flooded 
the  log-way  approaches  and  made  them  almost 
impassable,  so  that  it  was  only  by  the  greatest 
efforts  that  General  Sumner  crossed  his  corps  and 
participated  in  that  hard-fought  engagement. 
The  bridges  became  totally  useless  after  this 
corps  had  passed,  and  others  on  a  more  per 
manent  plan  were  commenced. 

On  my  way  to  headquarters,  after  the  battle 
of  Fair  Oaks,  I  attempted  to  cross  the  bridge 
where  General  Sumner  had  taken  over  his  corps 
on  the  day  previous.  At  the  time  General  Sum 
ner  crossed  this  was  the  only  available  bridge 
above  Bottom's  Bridge.  I  found  the  approach 
from  the  right  bank  for  some  four  hundred  yards 
submerged  to  the  depth  of  several  feet,  and  on 
reaching  the  place  where  the  bridge  had  been,  I 
found  a  great  part  of  it  carried  away,  so  that  I 
could  not  get  my  horse  over,  and  was  obliged  to 
send  him  to  Bottom's  Bridge,  six  miles  below,  as 
the  only  practicable  crossing. 

The  approaches  to  New  and  Mechanicsville 
bridges,  were  also  overflowed,  and  both  of  them 
were  enfiladed  by  the  enemy's  batteries  establish 
ed  upon  commanding  heights  on  the  opposite  side. 
These  batteries  were  supported  by  strong  forces 
of  the  enemy,  having  numerous  rifle-pits  in  their 
front,  which  would  have  made  it  necessary,  even 
had  the  approaches  been  in  the  best  possible  con 
dition,  to  have  fought  a  sanguinary  battle,  with 
but  little  prospect  of  success,  before  a  passage 
could  have  been  secured. 

The  only  available  means,  therefore,  of  uniting 
our  forces  at  Fair  Oaks  for  an  advance  on  Rich 
mond  soon  after  the  battle,  was  to  march  tha 

*  See  these  Reports,  pages  72-82  Docs.,  Vol.  V.  REB.  RBC. 


576 


REBELLION  RECORD,  1862-63. 


troops  from  Mechanicsville,  and  other  points,  on 
the  left  hank  of  the  Chickahominy  down  to  Bot 
tom's  Bridge,  and  thence  over  the  Williamsburgh 
road  to  the  position  near  Fair  Oaks,  a  distance 
of  about  twenty-three  (23)  miles.  In  the  con 
dition  of  the  roads  at  that  time  this  march  could 
not  have  been  made  with  artillery  in  less  than 
two  days,  by  which  time  the  enemy  would  have 
been  secure  within  his  intrenchments  around 
Richmond.  In  short,  the  idea  of  uniting  the  two 
wings  of  the  army  in  time  to  make  a  vigorous 
pursuit  of  the  enemy,  with  the  prospect  of  over 
taking  him  before  he  reached  Richmond,  only  five 
miles  distant  from  the  field  of  battle,  is  simply 
absurd,  and  was,  I  presume,  never  for  a  moment 
seriously  entertained  by  any  one  connected  with 
the  army  of  the  Potomac.  An  advance,  involv 
ing  the  separation  of  the  two  wings  by  the  im 
passable  Chickahominy,  would  have  exposed  each 
to  defeat  in  detail.  Therefore  I  held  the  position 
already  gained,  and  completed  our  crossings  as 
rapidly  as  possible. 

In  the  mean  time  the  troops  at  Fair  Oaks  were 
directed  to  strengthen  their  positions  by  a  strong 
line  of  intrenchments,  which  protected  them 
while  the  bridges  were  being  built,  gave  security 
to  the  trains,  liberated  a  larger  fighting  force,  and 
offered  a  safer  retreat  in  the  event  of  disaster. 

On  the  second  of  June  I  sent  the  following  des 
patch  : 

HEADQUARTERS  ARMY  or  THE  POTOMAC,  ) 
NEW-BRIDGE,  June  '2, 1362—10.30  A.M.          f 

Our  left  is  everywhere  advanced  considerably 
beyond  the  positions  it  occupied  before  the  bat 
tle.  I  am  in  strong  hopes  that  the  Chickahominy 
will  fall  sufficiently  to  enable  me  to  cross  the 
right.  We  have  had  a  terrible  time  with  our 
communications — bridges  and  causeways,  built 
with  great  care,  having  been  washed  away  by  the 
sudden  freshets,  leaving  us  almost  cut  off  from 
communication.  All  that  human  labor  can  do  is 
being  done  to  accomplish  our  purpose. 

Please  regard  the  portion  of  this  relating  to 
condition  of  Chickahominy  as  confidential,  as  it 
would  be  serious  if  the  enemy  were  aware  of  it. 
I  do  not  yet  know  our  loss ;  it  has  been  very 
heavy  on  both  sides,  as  the  fighting  was  desperate. 
Our  victory  complete.  I  expect  still  more  fight 
ing  before  we  reach  Richmond. 

G.   B.   McCLELLAN, 

Hon.  E.  M.  SxANTON,  Major-General. 

Secretary  of  War. 

On  the  same  day  I  received  the  following  from 
the  Secretary  of  War  : 

WASHINGTON,  June  2,  1862. 

Tour  telegram  has  been  received,  and  we  are 
greatly  rejoiced  at  yoar  success — not  only  in  it 
self,  but  because  of  the  dauntless  spirit  and  cour 
age  it  displays  in  your  troops.  You  have  re 
ceived,  of  course,  the  order  made  yesterday  in 
respect  to  Fortress  Monroe.  The  object  was  to 
place  at  your  command  the  disposable  force  of 
that  department.  The  indications  are  that  Fre 
mont  or  McDowell  will  fight  Jackson  to-day,  and 
as  soon  as  he  is  disposed  of  another  large  body 
of  t-oops  will  be  at  your  service. 


The  intelligence  from  Halleck  shows  that  the 
rebels  are  fleeing,  and  pursued  in  force,  from 
Corinth.  All  interest  nowr  centres  in  your  oper 
ations,  and  full  confidence  is  entertained  of  your 
brilliant  and  glorious  success. 

EDWIN  M.  ST ANTON, 

Secretary  of  War. 
Major-General  MCCLELLAN. 

On  the  third  I  received  the  following  from  the 
President : 

WASHINGTON,  June  8,  1862. 

With  these  continuous  rains,  I  am  very  anxious 
about  the  Chickahominy — so  close  in  your  rear, 
and  crossing  your  line  of  communication.  Please 
look  to  it.  ABRAHAM  LINCOLN, 

President. 

Major-General  McCLELLAN. 
To  which  I  replied  as  follows  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
NEW-BRIDGE,  June  3,  1862.      f 

Your  despatch  of  five  P.M.,  just  received.  As 
the  Chickahominy  has  been  almost  the  only  ob 
stacle  in  my  way  for  several  days,  your  Excellen 
cy  may  rest  assured  that  it  has  not  been  over 
looked.  Every  effort  has  been  made,  and  will 
continue  to  be,  to  perfect  the  communications 
across  it.  Nothing  of  importance,  except  that  it 
is  again  raining.  G.  B.  McCt,ELLAN, 

Major-General  Commanding. 

A.  LINCOLN, 

President,  Washington. 

My  views  of  the  condition  of  our  army  on  the 
fourth  are  explained  in  the  following  despatch  to 
the  President : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
NEW-BRIDGE,  June  4,  1862.      ) 

Terrible  rain,  storm  during  the  night  and 
morning — not  yet  cleared  off.  Chickahominy 
flooded,  bridges  in  bad  condition.  Are  still  hard 
at  work  at  them.  I  have  taken  every  possible 
step  to  insure  the  security  of  the  corps  on  the 
right  bank,  but  I  cannot  reenforce  them  here 
until  my  bridges  are  all  safe,  as  my  force  is  too 
small  to  insure  iny  right  and  rear,  should  the 
enemy  attack  in  that  direction,  as  they  may  pro 
bably  attempt.  I  have  to  be  very  cautious  now. 
Our  loss  in  the  late  battle  will  probably  exceed 
(5000)  five  thousand.  I  have  not  yet  full  returns. 
On  account  of  the  effect  it  might  have  on  our 
own  men  and  the  enemy,  I  request  that  you  will 
regard  this  information  as  confidential  for  a  few 
days.  I  am  satisfied  that  the  loss  of  the  enemy 
was  very  considerably  greater  ;  they  were  terri 
bly  punished.  I  mention  these  facts  now  merely 
to  show  you  that  the  army  of  the  Potomac  has 
had  serious  work,  and  that  no  child's  play  is  be 
fore  it. 

You  must  make  your  calculations  on  the  sup 
position  that  I  have  been  correct  from  the  be 
ginning  in  asserting  that  the  serious  opposition 
was  to  be  made  here.  G.  B.  MCCLELLAN, 

Major-General  Commanding 

A.  LINCOLN, 

President. 


DOCUMENTS 


577 


And  in  the  following  to  the  Secretary  of  War, 
on  the  same  day  : 

HEADQUARTERS  ARMY  OF  THK  POTOMAC,  } 
NKW-BKIDGE,  June  4,  1862.      f 

Please  inform  me  at  once  what  reinforcements, 
if  any,  I  can  count  upon  having  at  Fortress  Mon 
roe  or  White  House  within  the  next  three  days, 
and  when  each  regiment  may  be  expected  to  ar 
rive.  It  is  of  the  utmost  importance  that  I  should 
know  this  immediately.  The  losses  in  the  battle 
of  the  thirty-first  and  first  will  amount  to  (7000) 
seven  thousand.  Regard  this  as  confidential  for 
the  present. 

If  I  can  have  (5)  five  new  regiments  for  Fort 
Monroe  and  its  dependencies,  I  can  draw  (3) 
three  more  old  regiments  from  there  safely.  I 
can  well  dispose  of  four  more  raw  regiments  on 
my  communications.  I  can  well  dispose  of  from 
(15)  fifteen  to  (20)  twenty  well-drilled  regiments 
among  the  old  brigades  in  bringing  them  up  to 
their  original  effective  strength.  Re'tfnits  are  es 
pecially  necessary  for  the  regular  and  volunteer 
batteries  of  artillery,  as  well  as  for  the  regular  and 
volunteer  regiments  of  infantry.  After  the  losses 
in  our  last  battle,  I  trust  that  I  will  no  longer  be 
regarded  as  an  alarmist.  I  believe  we  have  at 
least  one  more  desperate  battle  to  fight. 

G.   B.   McCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

Also  in  my  despatch  to  the  Secretary  of  War, 
on  the  fifth : 

HEADQUARTERS  ARMY  OF  THK  POTOMAC,  ) 
NKW-BRIDQE,  June  5,  1862.         ) 

Rained  most  of  the  night;  has  now  ceased, 
but  is  not  clear.  The  river  still  very  high  and 
troublesome.  Enemy  opened  with  several  bat 
teries  on  our  bridges  near  here  this  morning; 
our  batteries  seem  to  have  pretty  much  silenced 
them,  though  some  firing  still  kept  up.  The 
rain  forces  us  to  remain  in  statu  quo.  With 
great  difficulty  a  division  of  infantry  has  been 
crossed  this  morning  to  support  the  troops  on 
the  other  side,  should  the  enemy  renew  attack. 
I  felt  obliged  to  do  this,  although  it  leaves  us 
rather  weak  here. 

G.    B.    McCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

On  the  fifth  the  Secretary  telegraphed  me  as 
follows : 

WASHINGTON,  June  5,  1862 — 8.30  P.M. 
I  will  send  you  five  (5)  new  regiments  as  fast 
as  transportation  can  take  them  ;  the  first  to 
start  to-morrow  from  Baltimore.  I  intend  send 
ing  you  a  part  of  McDowell's  force  as  soon  as  it 
can  return  from  its  trip  to  Front  Royal,  probably 
as  many  you  want.  The  order  to  ship  the  new 
regiments  to  Fort  Monroe  has  already  been  given. 
I  suppose  that  they  may  be  sent  directly  to  the 
Fort  Please  advise  me  if  this  be  as  you  desire. 
EDWIN  M.  STANTON, 

Secretary  of  War. 

Major-General  MCCLELLAN.  i 


On  the  seventh  of  June  I  telegraphed  as  fol 
lows: 

HEADQUARTERS  ARMY  OF  TRB  POTOMAC,  I 
June  7,  1862 — 1.40  P.M.  f 

In  reply  to  your  despatch  of  two  P.M.  to-day, 
I  have  the  honor  to  state  that  the  Chickahominy 
River  has  risen  so  as  to  flood  the  entire  bottoms 
to  the  depth  of  three  and  four  feet.  I  am  push 
ing  forward  the  bridges  in  spite  of  this,  and  the 
men  are  working  night  and  day,  up  to  their 
waists  in  water,  to  complete  them. 

The  whole  face  of  the  country  is  a  perfect  bogt 
entirely  impassable  for  artillery,  or  even  cavalry, 
except  directly  in  the  narrow  roads,  which  ren 
ders  any  general  movement,  either  of  this  or  tho 
rebel  army  entirely  out  of  the  question  until  wo 
have  more  favorable  weather. 

I  am  glad  to  learn  that  you  are  pressing  for 
ward  reinforcements  so  vigorously. 

I  shall  be  in  perfect  readiness  to  move  forward 
and  take  Richmond  the  moment  McCall  reaches 
here  and  the  ground  will  admit  the  passage  of 
artillery.  I  have  advanced  my  pickets  about  a 
mile  to-day,  driving  off  the  rebel  pickets,  and 
securing  a  very  advantageous  position. 

The  rebels  have  several  batteries  established, 
commanding  the  debouches  from  two  of  our  bridg 
es,  and  fire  upon  our  working  parties  continually, 
but  as  yet  they  have  killed  but  very  few  of  our 
men.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

As  I  did  not  think  it  probable  that  any  reen- 
forcements  would  be  sent  me  in  time  for  the  ad 
vance  on  Richmond,  I  stated  in  the  foregoing 
despatch  that  I  should  be  ready  to  move  when 
General  McCall's  division  joined  me  ;  but  I  did 
not  intend  to  be  understood  by  this  that  no  more 
reinforcements  were  wanted,  as  will  be  seen  from 
the  following  despatch : 

June  10,  1862—3.30  P.M. 

I  have  again  information  that  Beauregard  has 
arrived,  and  that  some  of  his  troops  are  to  follow 
him.  No  great  reliance — perhaps  none  what 
ever — can  be  attached  to  this  ;  but  it  is  possible, 
and  ought  to  be  their  policy. 

I  am  completely  checked  by  the  weather.  The 
roads  and  fields  are  literally  impassable  for  artil 
lery,  almost  so  for  infantry.  The  Chickahominy 
is  in  a  dreadful  state;  we  have  another  rain 
storm  on  our  hands. 

I  shall  attack  as  soon  as  the  weather  and 
ground  will  permit ;  but  there  will  be  a  delay 
the  extent  of  which  no  one  can  foresee,  for  the 
season  is  altogether  abnormal. 

In  view  of  these  circumstances,  I  present  for 
your  consideration  the  propriety  of  detaching 
largely  from  Halleck's  army  to  strengthen  this  ; 
for  it  would  seem  that  Halleck  has  now  no  large 
organized  force  in  front  of  him,  while  we  have. 
If  this  cannot  be  done,  or  even  in  connection 
with  it,  allow  me  to  suggest  the  movement  of  a 
heavy  column  from  Dal  ton  upon  Atlanta.  If 
but  the  one  can  be  done,  it  would  better  conform 
to  military  principles  to  strengthen  this  army. 


578 


REBELLION  RECORD,  1862-68. 


And  even  although  the  reinforcements  might  not 
arrive  in  season  to  take  part  in  the  attack  upon 
Richmond,  the  moral  effect  would  be  great,  and 
they  would  furnish  valuable  assistance  in  ulterior 
movements. 

I  wish  to  be  distinctly  understood  that,  when 
ever  the  weather  permits,  I  will  attack  with 
whatever  force  I  may  have,  although  a  larger 
force  would  enable  me  to  gain  much  more  decis 
ive  results. 

I  would  be  glad  to  have  McCalTs  infantry  sent 
forward  by  water  at  once,  without  waiting  for 
hi3  artillery  and  cavalry. 

If  General  Prim  returns  via  Washington, 
please  converse  with  him  as  to  the  condition  of 
afiairs  here.  GEO.  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

Our  work  upon  the  bridges  continued  to  be 
pushed  forward  vigorously  until  the  twentieth, 
during  which  time  it  rained  almost  every  day, 
and  the  exposure  of  the  men  caused  much  sick 
ness. 

On  the  eleventh  the  following  was  received 
from  the  Secretary  of  War  : 

WASHINGTON,  June*  11, 1862. 

Your  despatch  of  three  thirty,  (3.30,)  yester 
day,  has  been  received.  I  am  fully  impressed 
with  the  difficulties  mentioned,  and  which  no  art 
»r  skill  can  avoid,  but  only  endure,  and  am  striv 
ing  to  the  uttermost  to  render  you  every  aid  in 
the  power  of  the  Government.  Your  suggestions 
will  be  immediately  communicated  to  General 
Halleck,  with  a  request  that  he  shall  conform  to 
them.  At  last  advice  he  contemplated  sending 
a  column  to  operate  with  Mitchel  against  Chat 
tanooga,  and  thence  upon  East-Tennessee.  Buell 
reports  Kentucky  and  Tennessee  to  be  in  a  criti 
cal  condition,  demanding  immediate  attention. 
Halleck  says  the  main  body  of  Beauregard's 
force  is  with  him  at  Okolona.  McCall's  force 
was  reported  yesterday  as  having  embarked,  and 
on  its  way  to  join  you.  It  is  intended  to  send 
the  residue  of  McDowell's  force  also  to  join  you 
as  speedily  as  possible. 

Fremont  had  a  hard  fight,  day  before  yester 
day,  with  Jackson's  force  at  Union  Church,  eight 
miles  from  Harrisonburgh.  He  claims  the  victo 
ry,  but  was  pretty  badly  handled.  It  is  clear 
that  a  strong  force  is  operating  with  Jackson  for 
the  purpose  of  detaining  the  forces  here  from  you. 
I  am  urging,  as  fast  as  possible,  the  new  levies. 

Be  assured,  General,  that  there  never  has  been 
a  moment  when  my  desire  has  been  otherwise 
than  to  aid  you  with  my  whole  heart,  mind,  and 
strength,  since  the  hour  we  first  met ;  and  what 
ever  others  may  say  for  their  own  purposes,  you 
have  never  had,  and  never  can  have,  any  one 
more  truly  your  friend,  or  more  anxious  to  sup 
port  you,  or  more  joyful  than  I  shall  be  at  the 
success  which  I  have  no  doubt  will  soon  be 
achieved  by  your  arms. 

EDWIN  M.  STANTON, 

Secretary  of  War 

Major -General  G.  B  MCCLELLAN. 
I 


On  the  twelfth  and  thirteenth  General  McCall's 
division  arrived. 

On  the  thirteenth  of  June,  two  squadrons  of 
the  Fifth  United  States  cavalry,  under  the  com 
mand  of  Captain  Royall,  stationed  near  Hanover 
Old  Church,  were  attacked  and  overpowered  by 
a  force  of  the  enemy's  cavalry,  numbering  about 
one  thousand  five  hundred  men,  with  four  guns. 
They  pushed  on  toward  our  depots,  but  at  some 
distance  from  our  main  body,  and,  though  pursued 
very  cleverly,  made  the  circuit  of  the  army,  repass- 
ng  the  Chickahominy  at  Long  Bridge.  The  burn 
ing  of  two  schooners  laden  with  forage,  and  four 
teen  Government  wagons,  the  destruction  of  some 
sutler's  stores,  the  killing  of  several  of  the  guard 
and  teamsters  at  Garlick's  Landing,  some  little 
damage  done  at  Tunstall's  Station,  and  a  little  eclcLt, 
were  the  precise  results  of  this  expedition. 

On  the  fourteenth  I  sent  the  following  to  the 
Secretary  of  War : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,         \ 
CAMP  LINCOLN,  June  14,  1862 — midnight.  ) 

All  quiet  in  every  direction.  The  stampede  of 
last  night  has  passed  away.  Weather  now  very 
favorable.  I  hope  two  days  more  will  make  the 
ground  practicable.  I  shall  advance  as  soon  as 
the  bridges  are  completed  and  the  ground  fit  for 
artillery  to  move.  At  the  same  time  I  would  be 
glad  to  have  whatever  troops  can  be  sent  to  me. 
I  can  use  several  new  regiments  to  advantage. 

It  ought  to  be  distinctly  understood  that  Mc 
Dowell  and  his  troops  are  completely  under  my 
control.  I  received  a  telegram  from  him  request 
ing  that  McCall's  division  might  be  placed  so  as 
to  join  him  immediately  on  his  arrival. 

That  request  does  not  breathe  the  proper  spirit. 
Whatever  troops  come  to  me  must  be  disposed  of 
so  as  to  do  the  most  good.  I  do  not  feel  that,  in 
such  circumstances  as  those  in  which  I  am  now 
placed,  General  McDowell  should  wish  the  gen 
eral  interests  to  be  sacrificed  for  the  purpose  of 
increasing  his  command. 

If  I  cannot  fully  control  all  his  troop,s,  I  want 
none  of  them,  but  would  prefer  to  fight  the  bat 
tle  with  what  I  have,  and  let  others  be  responsi 
ble  for  the  results. 

The  department  lines  should  not  be  allowed  to 
to  interfere  with  me ;  but  General  McD.,  and  all 
other  troops  sent  to  me,  should  be  placed  com 
pletely  at  my  disposal,  to  do  with  them  as  I  think 
best.  In  no  other  way  can  they  be  of  assistance 
to  me.  I  therefore  request  that  I  may  have  en 
tire  and  full  control.  The  stake  at  issue  is  too 
great  to  allow  personal  considerations  to  be  en 
tertained  ;  you  know  that  I  have  none. 

The  indications  are,  from  our  balloon  recon- 
noissances  and  from  all  other  sources,  that  the 
enemy  are  intrenching,  daily  increasing  in  num 
bers,  and  determined  to  fight  desperately. 

G.  B.  MCCLELLAN, 

Major-General  Commanding* 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

On  the  twentieth  the  following  was  communi 
cated  to  the  President : 


DOCUMENTS. 


579 


HEADQUARTERS  ARMY  OF  THE  POTOMAC,         ) 
CAMP  LINCOLN,  June  20,  1862—2  P.M.  f 

Your  Excellency's  despatch  of  (11)  eleven  A.M. 
received,  also  that  of  General  Sigel. 

I  have  no  doubt  that  Jackson  has  been  reen- 
forced  from  here.  There  is  reason  to  believe 
that  General  R.  S.  Ripley  has  recently  joined 
Lee's  army,  with  a  brigade  or  division  from 
Charleston.  Troops  have  arrived  recently  from 
Goldsboro.  There  is  not  the  slightest  reason  to 
suppose  that  the  enemy  intends  evacuating  Rich 
mond  ;  he  is  daily  increasing  his  defences.  I  find 
him  every  where  in  force,  and  every  reconnois- 
sance  costs  many  lives,  yet  I  am  obliged  to  feel 
my  way,  foot  by  foot,  at  whatever  cost,  so  great 
are  the  difficulties  of  the  country;  by  to-morrow 
night  the  defensive  works,  covering  our  position 
on  this  side  of  the  Chickahominy,  should  be  com 
pleted.  I  am  forced  to  this  by  my  inferiority  in 
numbers,  so  that  I  may  bring  the  greatest  possi 
ble  numbers  into  action,  and  secure  the  army 
against  the  consequences  of  unforeseen  disaster. 
I  would  be  glad  to  have  permission  to  lay  before 
your  Excellency,  by  letter  or  telegraph,  my  views 
as  to  the  present  state  of  military  affairs  through 
out  the  whole  country.  In  the  mean  time  I  would 
be  pleased  to  learn  the  disposition,  as  to  numbers 
and  position,  of  the  troops  not  under  my  com 
mand,  in  Virginia  and  elsewhere. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

His  Excellency,  A.  LINCOLN, 

President. 

T»  which  I  received  this  reply  : 

WASHINGTON,  June  21,1862 — 6  P.M. 
Your  despatch  of  yesterday,  two  (2)  P.M.,  was 
received  this  morning.  If  it  would  not  divert 
too  much  of  your  time  and  attention  from  the 
army  under  your  immediate  command,  I  would 
be  glad  to  have  your  views  as  to  the  present  state 
of  military  affairs  throughout  the  whole  country, 
as  you  say  you  would  be  glad  to  give  them.  I 
would  rather  it  should  be  by  letter  than  by  tele 
graph,  because  of  the  better  chance  of  secrecy. 
As  to  the  numbers  and  positions  of  the  troops  not 
under  your  command,  in  Virginia  and  elsewhere, 
even  if  I  could  do  it  with  accuracy,  which  I  can 
not,  I  would  rather  not  transmit  either  by  tele 
graph  or  letter,  because  of  the  chances  of  its  reach 
ing  the  enemy.  I  would  be  very  glad  to  talk  with 
you,  but  you  cannot  leave  your  camp,  and  I  can 
not  well  leave  here.  A.  LINCOLN, 

President. 

Major-General  GEORGE  B.  MCCLELLAN. 
To  which  I  sent  the  following  reply  : 

CAMP  LINCOLN,  June  22 — 1  P.M. 

I  have  the  honor  to  acknowledge  the  receipt 
of  your  telegram  of  eight  P.M.  yesterday.  Un 
der  the  circumstances,  as  stated  in  your  des 
patch,  I  perceive  that  it  will  be  better  at  least  to 
defer,  for  the  present,  the  communication  I  de 
sired  to  make.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

His  Excellency  the  PRESIDENT. 


All  the  information  I  could  obtain,  previous  to 
the  twenty-fourth  of  June,  regarding  the  move 
ments  of  General  Jackson,  led  to  the  belief  that 
he  was  at  Gordonsville,  where  he  was  receiving 
reinforcements  from  Richmond  via  Lynchburgh 
and  Stanton ;  but  what  his  purposes  were  did 
not  appear  until  the  date  specified,  when  a  young 
man,  very  intelligent,  but  of  suspicious  appear 
ance,  was  brought  in  by  our  scouts  from  the  di 
rection  of  Hanover  Court-House.  He  at  first 
stated  that  he  was  an  escaped  prisoner,  from 
Colonel  Kenty's  Maryland  regiment,  captured 
at  Front  Royal,  but  finally  confessed  himself  to 
be  a  deserter  from  Jackson's  command,  which  he 
left  near  Gordonsville  on  the  twenty-first.  Jack 
son's  troops  were  then,  as  he  said,  moving  to 
Frederickshall,  along  the  Virginia  Central  Rail 
road,  for  the  purpose  of  attacking  my  rear  on 
the  twenty-eighth.  I  immediately  despatched 
two  trusty  negroes  to  proceed  along  the  railroad 
and  ascertain  the  truth  of  the  statement.  They 
were  unable,  however,  to  get  beyond  Hanover 
Court-House,  where  they  encountered  the  ene 
my's  pickets,  and  were  forced  to  turn  back  with 
out  obtaining  the  desired  information.  On  that 
day  I  sent  the  following  despatch : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  | 
June  24,  1862—12  P.M.  f 

A  very  peculiar  case  of  desertion  has  just  oc 
curred  from  the  enemy.  The  party  states  that 
he  left  Jackson,  Whiting,  and  Ewell,  (fifteen  bri 
gades,)  at  Gordonsville  on  the  twenty  first ;  that 
they  were  moving  to  Frederickshall,  and  that  it 
was  intended  to  attack  my  rear  on  the  twenty- 
eighth.  I  would  be  glad  to  learn,  at  your  ear 
liest  convenience,  the  most  exact  information 
you  have  as  to  the  position  and  movements  of 
Jackson,  as  well  as  the  sources  from  which  your 
information  is  derived,  that  I  may  the  better 
compare  it  with  what  I  have. 

G.  B.  MCCLELLAN, 

Major-General. 

The  following  is  his  reply : 

WASHINGTON,  June  25, 1862. 

We  have  no  definite  information  as  to  the 
numbers  or  position  of  Jackson's  force.  General 
King  yesterday  reported  a  deserter's  statement 
that  Jackson's  force  was,  nine  days  ago,  forty 
thousand  men.  Some  reports  place  ten  thou 
sand  rebels  under  Jackson,  at  Gordonsville  ;  oth 
ers,  that  his  force  is  at  Port  Republic,  Harrison- 
burgh,  and  Luray.  Fremont  yesterday  reported 
rumors  that  Western  Virginia  was  threatened  ; 
and  General  Kelly,  that  Ewell  was  advancing  to 
New-Creek,  where  Fremont  has  his  depots.  The 
last  telegram  from  Fremont  contradicts  this  ru 
mor.  The  last  telegram  from  Banks  says  the 
enemy's  pickets  are  strong  in  advance  at  Luray ; 
the  people  decline  to  give  any  information  of  his 
whereabouts.  Within  the  last  two  (2)  days  the 
evidence  is  strong  that  for  some  purpose  the  ene 
my  is  circulating  rumors  of  Jackson's  advance 
in  various  directions,  with  a  view  to  conceal  tho 
real  point  of  attack.  Neither  McDowell,  who  is 
at  Manassas,  nor  Banks  and  Fremont,  who  aro 


580 


REBELLION  RECORD,  1862-63. 


at  Middletown,  appear  to  have  any  acccurate 
knowledge  of  the  subject.  A  letter  transmitted 
to  the  department  yesterday,  purported  to  be 
dated  Gordonsville  on  the  fourteenth  (14th)  in 
stant,  stated  that  the  actual  attack  was  designed 
for  Washington  and  Baltimore  as  soon  as  you 
attacked  Richmond,  but  that  the  report  was  to 
be  circulated  that  Jackson  had  gone  to  Richmond, 
in  order  to  mislead.  This  letter  looked  very 
much  like  a  blind,  and  induces  me  to  suspect 
that  Jackson's  real  movement  now  is  toward 
Richmond.  It  came  from  Alexandria,  and  is  cer 
tainly  designed,  like  the  numerous  rumors  put 
afloat,  to  mislead.  I  think,  therefore,  that  while 
the  warning  of  the  deserter  to  you  may  also  be 
a  blind,  that  it  could  not  safely  be  disregarded. 
I  will  transmit  to  you  any  further  information 
on  this  subject  that  may  be  received  here. 

EDWIN  M.  ST ANTON, 

Secretary  of  War. 

Major-General  MCCLELLAN. 

On  the  twenty-fifth,  our  bridges  and  intrench- 
ments  being  at  last  completed,  an  advance  of 
our  picket-line  of  the  left  was  ordered,  prepara 
tory  to  a  general  forward  movement. 

Immediately  in  front  of  the  most  advanced  re 
doubt  on  the  Williamsburgh  road  was  a  large 
open  field ;  beyond  that,  a  swampy  belt  of  tim 
ber,  some  five  hundred  yards  wide,  which  had 
been  disputed  ground  for  man}7  days.  Further 
in  advance  was  an  open  field,  crossed  by  the 
Williamsburgh  road  and  the  railroad,  and  com 
manded  by  a  redoubt  and  rifle-pits  of  the  enemy. 

It  was  decided  to  push  our  lines  to  the  other 
side  of  these  woods,  in  order  to  enable  us  to  as 
certain  the  nature  of  the  ground,  and  to  place 
Generals  Heintzelman  and  Sumner  in  position  to 
support  the  attack  intended  to  be  made  on  the  Old 
Tavern,  on  the  twenty-sixth  or  twenty-seventh, 
by  General  Franklin,  by  assailing  that  position 
in  the  rear. 

Between  eight  and  nine  o'clock,  on  the  morn 
ing  of  the  twenty-fifth,  the  advance  was  begun 
by  General  Heintzelman's  corps.  The  enemy 
were  found  to  be  in  strong  force  all  along  the 
line,  and  contested  the  advance  stubbornly,  but 
by  sunset  our  object  was  accomplished.  The 
troops  engaged  in  this  affair  were  the  whole  of 
Heintzelman's  corps,  Palmer's  brigade  of  Couch's 
division  of  K  eyes' s  corps,  and  a  part  of  Richard 
son's  division  of  Sumner's  corps.  For  the  de 
tails  I  refer  to  the  report  of  General  Heintzel 
man. 

The  casualties  (not  including  those  in  Palm 
er's  brigade,  which  have  not  been  reported)  were 
as  follows :  officers  killed,  one ;  wounded,  four 
teen  ;  missing,  one ;  enlisted  men  killed,  fifty ; 
wounded,  three  hundred  and  eighty-seven  ;  miss 
ing,  sixty-three  ;  total,  five  hundred  and  sixteen. 

The  following  telegrams  were  sent  to  the  Sec 
retary  of  War,  during  the  day,  from  the  field  of 
operations: 

RKDOUBT  No.  3,  June  25, 1862—1.30  P.M. 

We  have  advanced  our  pickets  on  the  left  con 
siderably  under  sharp  resistance.  Our  men  be 


haved  very  handsomely.     Some  firing  still  con. 
tinues.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON. 

REDOOTJT  No.  3,  June  26, 1S62—3.15  P.M. 

The  enemy  are  making  a  desperate  resistance 
to  the  advance  of  our  picket's  lines.  Kearny's 
and  one  half  of  Hooker's  are  where  I  want  them. 

I  have  this  moment  reenforced  Hooker's  right 
with  a  brigade  and  a  couple  of  guns,  and  hope 
in  a  few  minutes  to  finish  the  work  intended  for 
to-day.  Our  men  are  behaving  splendidly.  The 
enemy  are  fighting  well  also.  This  is  not  a  bat 
tle  ;  merely  an  affair  of  Heintzelman's  corps,  sup 
ported  by  Keyes,  and  thus  far  all  goes  well.  We 
hold  every  foot  we  have  gained. 

If  we  succeed  in  what  we  have  undertaken, 
it  will  be  a  very  important  advantage  gained. 
Loss  not  large  thus  far.  The  fighting  up  to  this 
time  has  been  done  by  General  Hooker's  divi 
sion,  which  has  behaved  as  usual — that  is,  most 
splendidly. 

On  our  right,  Porter  has  silenced  the  enemy's 
batteries  in  his  front. 

G.    B.    McCLELLA*, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

RKDOPBT  No.  3,  June  25,  1862 — 5  P.M. 
The  affair  is  over,  and  we  have  gained  our 
point  fully,  and  with  but  little  loss,  notwith 
standing  the  strong  opposition.  Our  men  have 
done  all  that  could  be  desired.  The  affair  was 
partially  decided  by  two  guns  that  Captain  De 
Russy  brought  gallantly  into  action  under  very 
difficult  circumstances.  The  enemy  was  driven 
from  the  camps  in  front  of  this  place,  and  is  now 
quiet.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

Also  on  the  same  day,  the  following  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC-,         I 
CAMP  LINCOLN,  June  25, 1862— 6.15  P.M.  ) 

I  have  just  returned  from  the  field,  and  find 
your  despatch  in  regard  to  Jackson. 

Several  contrabands,  just  in,  give  information 
confirming  the  supposition  that  Jackson's  ad 
vance  is  at  or  near  Hanover  Court-House,  and 
that  Beauregard  arrived,  with  strong  reenforce- 
ments,  in  Richmond,  yesterday. 

I  incline  to  think  that  Jackson  will  attack  my 
right  and  rear.  The  rebel  force  is  stated  at  two 
hundred  thousand,  (200,000,)  including  Jackson 
and  Beauregard.  I  shall  have  to  contend  against 
vastly  superior  odds  if  these  reports  be  true. 
But  this  army  will  do  all  in  the  power  of  men  to 
hold  their  position  and  repulse  any  attack. 

I  regret  my  great  inferiority  in  numbers,  but 
feel  that  I  am  in  no  wray  responsible  for  it,  as  I 
have  not  failed  to  represent  repeatedly  the  ne 
cessity  of  reinforcements,  that  this  was  the  de 
cisive  point,  and  that  all  the  available  means  of 
the  Government  should  be  concentrated  here.  I 
will  do  all  that  a  general  can  do  with  the  splen- 


DOCUMENTS. 


581 


did  army  I  have  the  honor  to  command,  and,  if 
it  is  destroyed  by  overwhelming  numbers,  can  at 
least  die  with  it  and  share  its  fate.  But  if  the 
result  of  the  action  which  will  probably  occur 
to-morrow,  or  within  a  short  time,  is  a  disaster, 
the  responsibility  cannot  be  thrown  on  my  shoul 
ders  ;  it  must  rest  where  it  belongs. 

Since  I  commenced  this  I  have  received  addi 
tional  intelligence,  confirming  the  supposition  in 
regard  to  Jackson's  movements  and  Beauregard's 
arrival.  I  shall  probably  be  attacked  to-morrow, 
and  now  go  to  the  other  side  of  the  Chickahomi- 
ny  to  arrange  for  the  defence  on  that  side.  I 
feel  that  there  is  no  use  in  again  asking  for  re- 
enforcements.  G.  B.  MCCLELLAN, 

Major-General. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

The  report  of  the  chief  of  the  "  secret  service 
corps,"  herewith  forwarded,  and  dated  the  twen 
ty-sixth  of  June,  shows  the  estimated  strength 
of  the  enemy,  at  the  time  of  the  evacuation  of 
Yorktown,  to  have  been  from  one  hundred  thou 
sand  to  one  hundred  and  twenty  thousand.  The 
same  report  puts  his  numbers,  on  the  twenty- 
sixth  of  June,  at  about  one  hundred  and  eighty 
thousand,  and  the  specific  information  obtained 
regarding  their  organization  warrants  the  belief 
that  this  estimate  did  not  exceed  his  actual 
strength.  It  will  be  observed  that  the  evidence 
contained  in  the  report  shows  the  following  or 
ganizations,  namely  :  Two  hundred  regiments  of 
infantry  and  cavalry,  including  the  forces  of  Jack 
son  and  Ewell,  just  arrived  ;  eight  battalions  of 
independent  troops  ;  five  battalions  of  artillery  ; 
twelve  companies  of  infantry  and  independent 
cavalry,  beside  forty-six  companies  of  artillery ; 
amounting,  in  all,  to  from  forty  to  fifty  brigades. 
There  were  undoubtedly  many  others  whose 
designations  we  did  not  learn. 

The  report  also  shows  that  numerous  and 
heavy  earth-works  had  been  completed  for  the 
defence  of  Richmond,  and  that  in  thirty-six  of 
these  were  mounted  some  two  hundred  guns. 

On  the  twenty-sixth,  the  day  upon  which  I 
had  decided  as  the  time  for  our  final  advance, 
the  enemy  attacked  our  right  in  strong  force,  and 
turned  rny  attention  to  the  protection  of  our  com 
munications  and  depots  of  supply. 

The  event  was  a  bitter  confirmation  of  the 
military  judgment  which  had  been  reiterated  to 
my  superiors  from  the  inception  and  through 
the  progress  of  the  Peninsula  campaign. 

I  notified  the  Secretary  of  War  in  the  follow 
ing  despatch : 

HEADQUARTERS  ARMY  or  THE  POTOMAC,  J 
CAMP  LINCOLN,  June  26,  1662—12  M.  J 

1  have  just  heard  that  our  advanced  cavalry 
pickets  on  the  left  bank  of  Chickahominy  are 
being  driven  in.  It  is  probably  Jackson's  ad 
vanced-guard.  If  this  be  true,  you  may  not  hear 
from  me  for  some  days,  as  my  communications 
will  probably  be  cut  off.  The  case  is  perhaps  a 
difficult  one,  but  I  styall  resort  to  desperate  meas 
ures,  and  will  do  my  beet  to  out-manoeuvre,  out 
wit,  and  out-fight  the  enemy.  Do  not  believe 


reports  of  disaster,  and  do  not  be  discouraged  if 
you  learn  that  my  communications  are  cut  off, 
and  even  Yorktown  in  possession  of  the  enemy. 
Hope  for  the  best,  and  I  will  not  deceive  the 
hopes  you  formerly  placed  in  me. 

G.  B.  MCCLELLAN. 

Hon.  E.  M.  STANTON,  Major-Ge^raL 

Secretary  of  War. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,         ) 
CAMP  LINCOLN,  June  26,  1862 — 2.30  P.M.  } 

Your  despatch  and  that  of  the  President  re 
ceived.  Jackson  is  driving  in  my  pickets,  etc., 
on  the  other  side  of  the  Chickahominy.  It  is 
impossible  to  tell  where  reinforcements  ought  to 
go,  as  I  am  yet  unable  to  predict  result  of  ap 
proaching  battle.  It  will  probably  be  better  that 
they  should  go  to  Fort  Monroe,  and  thence  ac 
cording  to  state  of  affairs  when  they  arrive. 

It  is  not  probable  that  I  can  maintain  tele 
graphic  communication  more  than  an  hour  or 
two  longer.  G.  B.  MCCLELLAN, 

Major-General. 

Hon.  E.  M.  STANTON, 

Secretary  of  War. 

On  the  same  day  I  received  the  following  des 
patches  from  the  Secretary  of  War : 

WASHINGTON,  June  25, 1862—11.20  P.M. 

Your  telegram  of  fifteen  minutes  past  six  has 
just  been  received.  The  circumstances  that  have 
hitherto  rendered  it  impossible  for  the  Govern 
ment  to  send  you  any  more  reinforcements  than 
has  been  done,  have  been  so  distinctly  stated  to 
you  by  the  President  that  it  is  needless  for  me  to 
repeat  them. 

Every  effort  has  been  made  by  the  President 
and  myself  to  strengthen  you.  King's  division 
has  reached  Falmouth,  Shields' s  division  and 
Ricketts's  division  are  at  Manassas.  The  Presi 
dent  designs  to  send  a  part  of  that  force  to  aid 
you  as  speedily  as  it  can  be  done. 

E.  M.  STANTON, 

Secretary  of  War. 

Major-General  G.  B.  MCCLELLAN. 

WASHINGTON,  June  26, 1862—6  P.M. 
Arrangements  are  being  made  as  rapidly  as 
possible  to  send  you  five  thousand  (5000)  men 
as  fast  as  they  can  be  brought  from  Manassas  to 
Alexandria  and  embarked,  which  can  be  done 
sooner  than  to  wait  for  transportation  at  Freder- 
icksburgh.  They  will  be  followed  by  more,  if 
needed.  McDowell,  Banks,  and  Fremont's  force 
will  be  consolidated  as  the  army  of  Virginia,  and 
will  operate  promptly  in  your  aid  by  land.  Noth 
ing  will  be  spared  to  sustain  you,  and  I  have  un- 
doubting  faith  in  your  success.  Keep  me  ad 
vised  fully  of  your  condition. 

EDWIN  M.  STANTON, 

Secretary  of  War. 

Major-General  G.  B.  MCCLELLAN. 

But  five  thousand  of  the  reinforcements  spoken 
of  in  these  communications  came  to  the  army  of 
the  Potomac,  and  these  reached  us  at  Harrison's 
Bar,  after  the  seven  days. 

In  anticipation  of  a  speedy  advance  on  Rich« 
mond,  to  provide  for  the  contingency  of  our  com- 


582 


REBELLION  RECORD,  1862-63. 


munications  with  the  depot  at  the  White  House 
being  severed  by  the  enemy,  and  at  the  same 
time  to  be  prepared  for  a  change  of  the  base  of 
our  operations  to  James  River,  if  circumstances 
should  render  it  advisable,  I  had  made  arrange 
ments  more  than  a  week  previous  (on  the  eigh 
teenth)  to  have  transports  with  supplies  of  pro 
visions  and  forage,  under  a  convoy  of  gunboats, 
sent  up  James  River.  They  reached  Harrison's 
Landing  in  time  to  be  available  for  the  army  on 
its  arrival  at  that  point.  Events  soon  proved 
this  change  of  base  to  be,  though  most  hazard 
ous  and  difficult,  the  only  prudent  course. 

In  order  to  relieve  the  troops  of  the  Sixth 
corps,  on  the  nineteenth  of  June  General  Rey- 
nolds's  and  General  Seymour's  brigades,  of  Gen 
eral  McCall's  division,  (Pennsylvania  reserves,) 
were  moved  from  Gaines's  farm  to  a  position  on 
Beaver  Dam  Creek,  General  Meade's  brigade 
being  held  in  reserve  in  front  of  Gaines's  farm. 
One  ( regiment  and  a  battery  were  thrown  for 
ward  to  the  heights  overlooking  Mechanicsville, 
and  a  line  of  pickets  extended  along  the  Chicka- 
hominy  River  between  the  Mechanicsville  and 
Meadow  bridges.  As  has  been  already  stated,  I 
received,  while  engaged  or  the  twenty -fifth  in  di 
recting  the  operations  of  Heintzelman's  corps, 
information  which  strengthened  my  suspicions 
that  Jackson  was  advancing  with  a  large  force 
upon  our  right  and  rear.  On  this  day  General 
Casey,  at  the  White  House,  was  instructed  to 
prepare  for  a  vigorous  resistance,  and  defensive 
works  were  ordered  at  Tunstall's  Station.  Early 
on  the  twenty -fifth  General  Porter  was  instructed 
to  send  out  reconnoitring  parties  toward  Hanover 
Court-House  to  discover  the  position  and  force 
of  the  enemy,  and  to  destroy  the  bridges  on  the 
Tolopatamoy  as  far  as  possible. 

Up  to  the  twenty-sixth  of  June  the  operations 
against  Richmond  had  been  conducted  along  the 
roaJs  leading  to  it  from  the  east  and  north-east. 
The  reasons  (the  President's  anxiety  about  cov 
ering  Washington  from  Fredericksburgh,  Mc 
Dowell's  promised  cooperation,  partial  advance, 
and  immediate  withdrawal)  which  compelled  the 
choice  of  this  line  of  approach,  and  our  continu 
ance  upon  it,  have  been  attended  to  above. 

The  superiority  of  the  James  River  route,  as  a 
line  of  attack  and  supply,  is  too  obvious  to  need 
exposition.  My  own  opinion  on  that  subject  had 
been  early  given,  and  need  not  be  repeated  here. 
The  dissipation  of  all  hope  of  the  cooperation  by 
land  of  General  McDowell's  forces,  deemed  to  be 
occupied  in  the  defence  of  Washington,  their  in 
ability  to  hold  or  defeat  Jackson,  disclosed  an 
opportunity  to  the  enemy,  and  a  new  danger  to 
my  right,  and  to  the  long  line  of  supplies  from 
the  White  House  to.  the  Chickahominy,  and  for 
ced  an  immediate  change  of  base  across  the  Pen 
insula.  To  that  end,  from  the  evening  of  the 
twenty-sixth,  every  energy  of  the  army  was 
bent.  Such  a  change  of  base,  in  the  presence  of 
a  powerful  enemy,  is  one  of  the  most  difficult 
undertakings  in  war.  I  was  confident  of  the 
valor  and  discipline  of  my  brave  army,  and  knew 
hat  it  cou  Id  be  trusted  equally  to  retreat  or  ad 


vance,  and  to  fight  the  series  of  battles  now  in 
evitable,  whether  retreating  from  victories  or 
marching  through  defeats  ;  and,  in  short,  I  had 
no  doubt  whatever  of  its  ability,  even  against 
superior  numbers,  to  fight  its  way  through  to  the 
James  River,  and  get  a  position  whence  a  success 
ful  advance  upon  Richmond  would  be  again  pos 
sible.  Their  superb  conduct  through  the  next 
seven  days  justified  my  faith. 

On  the  same  day  General  Van  Vliet,  Chief 
Quartermaster  of  the  army  of  the  Potomac,  by 
my  orders,  telegraphed  to  Colonel  Ingalls,  Quar 
termaster  at  the  White  House,  as  follows:  "  Run 
the  cars  to  the  last  moment,  and  load  them  with 
provisions  and  ammunition.  Load  every  wagon 
you  have  with  subsistence,  and  send  them  to 
Savage's  Station,  by  way  of  Bottom's  Bridge.  If 
you  are  obliged  to  abandon  White  House,  burn 
every  thing  that  you  cannot  get  off.  You  must 
throw  all  our  supplies  up  the  James  River  as 
soon  as  possible,  and  accompany  them  yourself 
with  all  your  force.  It  will  be  of  vast  import 
ance  to  establish  our  depots  on  James  River 
without  delay  if  we  abandon  White  House.  I 
will  keep  you  advised  of  every  movement  so  long 
as  the  wires  work  ;  after  that  you  must  exercise 
your  own  judgment." 

All  these  commands  were  obeyed.  So  excel 
lent  were  the  dispositions  of  the  different  officers 
in  command  of  the  troops,  depots,  and  gunboats, 
and  so  timely  the  warning  of  the  approach  of  the 
enemy,  that  almost  every  thing  was  saved,  and 
but  a  small  amount  of  stores  destroyed  to  pre 
vent  their  falling  into  the  hands  of  the  enemy. 

General  Stoneman's  communications  with  the 
main  army  being  cut  off,  he  fell  back  upon  the 
White  House,  and  thence  to  Yorktown,  when 
the  White  House  was  evacuated. 

On  the  twenty-sixth,  orders  were  sent  to  all 
the  corps  commanders  on  the  right  bank  of  the 
Chickahominy  to  be  prepared  to  send  as  many 
troops  as  they  could  spare  on  the  following  day 
to  the  left  bank  of  the  river,  as  will  be  seen  by 
the  appended  telegrams.  General  Franklin  re 
ceived  instructions  to  hold  General  Slocum's  di 
vision  in  readiness  by  daybreak  of  the  twenty- 
seventh,  and  if  heavy  firing  should  at  that  time 
be  heard  in  the  direction  of  General  Porter,  to 
move  at  once  to  his  assistance  without  further 
delay. 

At  noon  on  the  twenty-sixth  the  approach  of 
the  enemy,  who  had  crossed  above  Meadow 
bridge,  was  discovered  by  the  advance  pickets  at 
that  point,  and  at  half-past  twelve  P.M.  they  were 
attacked  and  driven  in.  All  the  pickets  were 
now  called  in,  and  the  regiment  and  battery 
at  Mechanicsville  withdrawn. 

Meade's  brigade  was  ordered  up  as  a  reserve  in 
rear  of  the  line,  and  shortly  after  Martindale's 
and  Griffin's  brigades,  of  Morell's  division,  were 
moved  forward  and  deployed  on  the  right  of  Mo- 
Call's  division,  toward  Shady  Grove  church,  tf 
cover  that  flank.  Neither  of  these  three  brigades, 
however,  were  warmly  engaged,  though  two  of 
Griffin's  regiments  relieved"  a  portion  of  Roy- 
nolds's  line  just  at  the  close  of  the  action. 


DOCUMENTS, 


583 


The  position  of  our  troops  was  a  strong  one, 
extending  along  the  left  bank  of  Beaver  Dam 
Creek,  the  left  resting  on  the  Chickahominy,  and 
the  right  in  thick  woods  beyond  the  upper  road 
from  Mechanicsville  to  Coal  Harbor.  The  lower 
or  river  road  crossed  the  Creek  at  Ellison's  Mills. 
Seymour's  brigade  held  the  left  of  the  line  from 
the  Chickahominy  to  beyond  the  mill,  partly  in 
woods  and  partly  in  clear  ground,  and  Rey 
nolds' s  the  right,  principally  in  the  woods  and 
covering  the  upper  road.  The  artillery  occupied 
positions  commanding  the  roads  and  the  open 
ground  across  the  Creek. 

Timber  had  been  felled,  rifle-pits  dug,  and  the 
position  generally  prepared  with  a  care  that  great 
ly  contributed  to  the  success  of  the  day.  The 
passage  of  the  creek  was  difficult  along  the  whole 
front,  and  impracticable  for  artillery,  except  by 
the  two  roads  where  the  main  efforts  of  the  ene 
my  were  directed. 


At  three  P.M.  he  formed  his  line  of  battle,  rap 
idly  advanced  his  skirmishers,  and  soon  attacked 
eur  whole  line,  making  at  the  same  time  a  deter 
mined  attempt  to  force  the  passage  of  the  upper 
road,  which  was  successfully  resisted  by  General 
Reynolds.  After  a  severe  struggle  he  was  forced 
to  retire  with  very  heavy  loss. 

A  rapid  artillery  fire,  with  desultory  skirmish 
ing,  was  maintained  along  the  whole  front,  while 
the  enemy  massed  his  troops  for  another  effort 
at  the  lower  road  about  two  hours  later,  which 
was  likewise  repulsed  by  General  Seymour,  with 
heavy  slaughter.  The  firing  ceased,  and  the  ene 
my  retired  about  nine  P.M.,  the  action  having 
lasted  six  hours,  with  entire  success  to  our  arms. 
But  few,  if  any,  of  Jackson's  troops  were  en 
gaged  on  this  day.  The  portion  of  the  enemy- 
encountered  were  chiefly  from  the  troops  on  the 
right  bank  of  the  river,  who  crossed  near  Mead 
ow  Bridge  and  at  Mechanicsville. 


(  Reynolds's  Brigade,  1 

A.  Pennsylvania  Reserves,  •<  Meade's  Brigade,      VMcCall's  Division. 

(  Seymour's  Brigade,  ) 

B.  Griffin's  Brigade — Morell's  Division. 
Berdan's  Sharp-shooters — Morell's  Division.  * 

C.  Enemy's  Column  of  Attack. 


The  information  in  my  possession  soon  after 
the  close  of  this  action  convinced  me  that  Jack 
son  was  really  approaching  in  large  force.  The 
position  on  Beaver  Dam  Creek,  although  so  suc 
cessfully  defended,  had  its  right  flank  too  much 
in  the  air,  and  was  too  far  from  the  main  army 
to  make  it  available  to  retain  it  longer.  I  there 
fore  determined  to  send  the  heavy  guns  at  Ho- 
gan's  and  Gaines's  houses  over  the  Chickahomi 
ny  during  the  night,  with  as  many  of  the  wagons 
«f  the  Fifth  corps  as  possible,  and  to  withdraw 
the  corps  itself  to  a  position  stretching  around 


the  bridges,  where  its  flanks  would  be  reasona 
bly  secure,  and  it  would  be  within  supporting 
distance  of  the  main  army.  General  Porter  car 
ried  out  my  orders  to  that  effect. 

It  was  not  advisable  at  that  time,  even  had  it 
been  practicable,  to  withdraw  the  Fifth  corps  to 
the  right  bank  of  the  Chickahominy.  Such  a 
movement  would  have  exposed  the  rear  of  the 
army,  placed  as  between  two  fires,  and  enabled 
Jackson's  fresh  troops  to  interrupt  the  movement 
to  James  River,  by  crossing  the  Chickahominy 
in  the  vicinity  of  Jones's  Bridge  before  we  could 


*  Sew  Vol.  V.  REBBLLJOM  RBCORD,  page  23T  Docs. 


584 


REBELLION  RECORD,  1862-63. 


reach  Malvern  Hill  with  our  trains.  I  determined 
then  to  resist  Jackson  with  the  Fifth  corps,  reen- 
forced  by  all  our  disposable  troops  in  the  new 
position  near  the  bridge-heads,  in  order  to  cover 
the  withdrawal  of  the  trains  and  heavy  guns,  and 
to  give  time  for  the  arrangements  to  secure  the 
adoption  of  the  James  River  as  our  line  of  sup 
plies  in  lieu  of  the  Pamunkey. 

The  greater  part  of  the  heavy  guns  and  wagons 
having  been  removed  to  the  right  bank  of  the 
Ohickahominy,  the  delicate  operation  of  withdraw 
ing  the  troops  from  Beaver  Dam  Creek  was  com 
menced  shortly  before  daylight,  and  successfully 
executed. 

Meade's  and  Griffin's  brigades  were  the  first 
to  leave  the  ground  ;  Seymour's  brigade  covered 
the  rear  with  the  horse  batteries  of  Captains 
Robertson  and  Tidball,  but  the  withdrawal  was 
so  skilful  and  gradual,  and  the  repulse  of  the 
preceding  day  so  complete,  that  although  the  en 
emy  followed  the  retreat  closely,  and  some  skir 
mishing  occurred,  he  did  not  appear  in  front  of 
of  the  new  line  in  force  till  about  noon  of  the 
twenty-seventh,  when  we  were  prepared  to  re 
ceive  him. 

About  this  time  General  Porter,  believing  that 
General  Stoneman  would  be  cut  off  from  him, 
sent  him  orders  to  fall  back  on  the  White  House, 
and  afterward  rejoin  the  army  as  best  he  could. 

On  the  morning  of  the  twenty-seventh  of  June, 
during  the  withdrawal  of  his  troops  from  Mechan- 
icsville  to  the  selected  position  already  mentioned, 
General  Porter  telegraphed  as  follows : 

u  T  hope  to  do  without  aid,  though  I  request  that 
Franklin,  or  some  other  command,  be  held  ready 
to  reenforce  me.  The  enemy  are  so  close  that  I 
expect  to  be  hard  pressed  in  front.  I  hope  to 
have  a  portion  in  position  to  cover  the  retreat. 
This  is  a  delicate  movement,  but  relying  on  the 
good  qualities  of  the  commanders  of  divisions  and 
brigades,  I  expect  to  get  back  and  hold  the  new 
line." 

This  shows  how  closely  Porter's  retreat  was 
followed. 

Notwithstanding  all  the  efforts  used  during 
the  entire  night  to  remove  the  heavy  guns  and 
wagons,  some  of  the  siege-guns  were  still  in  po 
sition  at  Gaines's  House  after  sunrise,  and  were 
finally  hauled  off  by  hand.  The  new  position  of 
the  Fifth  corps  was  about  an  arc  of  a  circle,  cov 
ering  the  approaches  to  the  bridges  which  con 
nected  our  right  wing  with  the  troops  on  the  op 
posite  side  of  the  river. 

Morell's  division  held  the  left  of  the  line  in  a 
strip  of  woods  on  the  left  bank  of  the  Gaines's 
Mill  stream,  resting  its  left  flank  on  the  descent 
to  the  Chickahominy,  which  was  swept  by  our 
artillery  on  both  sides  of  the  river,  and  extending 
into  open  ground  on  the  right  toward  New-Coal 
Harbor.  In  this  line  General  Butterfield's  brigade 
held  the  extreme  left,  General  Martindale's  joined 
his  right,  and  General  Griffin,  still  further  to  the 
right,  joined  the  left  of  General  Sykes's  division, 
•which,  partly  in  woods  and  partly  in  open  ground, 
extended  in  the  rear  of  Coal  Harbor. 

Each  brigade  had  in  reserve  two  of  its  own 


regiments.  McCall's  division  having  been  en 
gaged  on  the  day  before,  was  formed  in  a  second 
line  in  the  rear  of  the  first,  Meade's  brigade  on  the 
left  near  the  Chickahominy,  Reynolds' s  brigade 
on  the  right,  covering  the  approaches  from  Coal 
Harbor  and  Despatch  Station  to  Sumner's  Bridge, 
and  Seymour's  in  reserve  to  the  second  line,  still 
further  in  rear.  General  P.  St.  George  Cooke, 
with  five  companies  of  the  Fifth  regular  cavalry, 
two  squadrons  of  the  First  regular,  and  three 
squadrons  of  the  Sixth  Pennsylvania  cavalry, 
(lancers,)  was  posted  behind  a  hill  in  rear  of 
the  position,  and  near  the  Chickahominy,  to  aid 
in  watching  the  left  flank  and  defending  the  slope 
to  the  river. 

The  troops  were  all  in  position  by  noon,  with 
the  artillery  on  the  commanding  ground,  and  in 
the  intervals  between  the  divisions  and  brigades. 
Besides  the  division  batteries,  there  were  Rob 
ertson's  and  Tidball's  horse  batteries,  from  the 
artillery  reserve ;  the  latter  posted  on  the  right 
of  Sykes's  division,  and  the  former  on  the  ex 
treme  left  of  the  line,  in  the  valley  of  the  Chick 
ahominy.  Shortly  after  noon  the  enemy  were 
discovered  approaching  in  force,  and  it  soon  be 
came  evident  that  the  entire  position  was  to  be 
attacked.  His  skirmishers  advanced  rapidly,  and 
soon  the  firing  became  heavy  along  our  whole 
front.  At  two  P.M.,  General  Porter  asked  for  re- 
enforcements.  Slocum's  division  of  the  Sixth 
corps  was  ordered  to  cross  to  the  left  bank  of  the 
river,  by  Alexander's  Bridge,  and  proceed  to  his 
support. 

General  Porter's  first  call  for  reinforcements, 
through  General  Barnard,  did  not  reach  me,  nor 
his  demand  for  more  axes,  through  the  same  offi 
cer. 

By  three  P.M.  the  engagement  had  become  so 
severe,  and  the  enemy  were  so  greatly  superior 
in  numbers,  that  the  entire  second  line  and  re 
serves  had  been  moved  forward  to  sustain  the 
first  line  against  repeated  and  desperate  assaults 
along  our  whole  front. 

At  half-past  three  P.M.  Slocum's  division  reach 
ed  the  field  and  was  immediately  brought  into 
action  at  the  weak  points  of  our  line. 

On  the  left  the  contest  was  for  the  strip  of 
woods,  running  almost  at  right  angles  to  the 
Chickahominy,  in  front  of  Adams's  house,  or  be 
tween  that  and  Gaines's  house.  The  enemy  sev 
eral  times  charged  up  to  this  wood,  but  were  each 
time  driven  back  with  heavy  loss.  The  regulars, 
of  Sykes's  division,  on  the  right,  also  repulsed 
several  strong  attacks. 

But  our  own  loss  under  the  tremendous  fire 
of  such  greatly  superior  numbers  was  very  se 
vere,  and  the  troops,  most  of  whom  had  been 
under  arms  more  than  two  days,  were  rapidly 
becoming  exhausted  by  the  masses  of  fresh  men 
constantly  brought  against  them. 

When  General  Slocum's  division  arrived  on 
the  ground  it  increased  General  Porter's  force  to 
some  thirty-five  thousand,  who  were  probably 
contending  against  about  seventy  thousand  of 
the  enemy.  The  line  was  severely  pressed  in 
several  points,  and  as  its  being  pierced  at  any 


DOCUMENTS. 


585 


one  would  have  been  fatal,  it  was  unavoidable 
for  General  Porter,  who  was  required  to  hold  his 
position  until  night,  to  divide  Slocum's  division, 
and  send  parts  of  it,  even  single  regiments,  to 
the  points  most  threatened. 

About  five  P.M.,  General  Porter  having  report 
ed  his  position  as  critical,  French's  anu  ?,fcsgher's 
brigades,  of  Richardson's  division,  (Third  corps,) 
were  ordered  to  cross  to  his  support.  The  ene 
my  attacked  again  in  great  force  at  six  P.M.,  but 
failed  to  break  our  lines,  though  our  loss  was 
very  heavy. 

About  seven  P.M.  they  threw  fresh  troops 
against  General  Porter  with  still  greater  fury, 
and  finally  gained  the  woods  held  by  our  left. 
This  reverse,  aided  by  the  confusion  that  follow 
ed  an  unsuccessful  charge  by  five  companies  of 
the  Fifth  cavalry,  and  followed  as  it  was  by  more 
determined  assaults  on  the  remainder  of  our 
lines,  now  outflanked,  caused  a  general  retreat 
from  our  position  to  the  hill  in  rear  overlooking 
the  bridge. 

French's  and  Meagher's  brigades  now  appear 
ed,  driving  before  them  the  stragglers  who  were 
thronging  toward  the  bridge. 

These  brigades  advanced  boldly  to  the  front, 
and  by  their  example,  as  well  as  by  the  steadi 
ness  of  their  bearings  reanimated  our  own  troops 
and  warned  the  enemy  that  reinforcements  had 
arrived.  It  was  now  dusk.  The  enemy,  already 
repulsed  several  times  with  terrible  slaughter, 
and  hearing  the  shouts  of  the  fresh  troops,  failed 
to  follow  up  their  advantage.  This  gave  an  op 
portunity  to  rally  our  men  behind  the  brigades 
of  Generals  French  and  Meagher,  and  they  again 
advanced  up  the  hill  ready  to  repulse  another 
attack.  During  the  night  our  thin  and  exhaust 
ed  regiments  were  all  withdrawn  in  safety,  and 
by  the  following  morning,  all  had  reached  the 
other  side  of  the  stream.  The  regular  infantry 
formed  the  rear-guard,  and  about  six  o'clock  on 
the  morning  of  the  twenty-eighth,  crossed  the 
river,  destroying  the  bridge  behind  them. 

Our  loss  in  this  battle  in  killed,  wounded,  and 
missing  was  very  heavy,  especially  in  officers, 
many  of  whom  were  killed,  wounded,  or  taken 
prisoners  while  gallantly  leading  on  their  men  or 
rallying  them  to  renewed  exertions. 

It  is  impossible  to  arrive  at  the  exact  numbers 
lost  in  this  desperate  engagement,  owing  to  the 
series  of  battles  which  followed  each  other  in 
quick  succession,  and  in  which  the  whole  army 
was  engaged.  No  general  returns  were  made 
until  after  we  had  arrived  at  Harrison's  Landing, 
when  the  losses  during  the  whole  seven  days 
were  estimated  together. 

Although  we  were  finally  forced  from  our  first 
line  after  the  enemy  had  been  repeatedly  driven 
back,  yet  the  objects  sought  for  had  been  obtain 
ed.  The  enemy  was  held  at  bay.  Our  siege- 
guns  and  material  were  saved,  and  the  right 
wing  had  now  joined  the  main  body  of  the  army. 

The  number  of  guns  captured  by  the  enemy 
at  this  battle  was  twenty-two,  three  of  which 
were  lost  by  being  run  off  the  bridge  during  the 
final  withdrawal. 


Great  credit  is  due  for  the  efficiency  and  brar- 
ery  with  which  this  important  arm  of  the  service 
(the  artillery)  was  fought,  and  it  was  not  until 
the  last  successful  charge  of  the  enemy  that 
the  cannoneers  were  driven  from  their  pieces  or 
struck  down,  and  the  guns  captured.  Deidrich's, 
Kanahan's,  and  Grimm's  batteries  took  position 
during  the  engagement  in  the  front  of  General 
Smith's  line  on  the  right  bank  of  the  stream, 
and  with  a  battery  of  siege-guns,  served  by  the 
First  Connecticut  artillery,  helped  to  drive  back 
the  enemy  in  front  of  General  Porter. 

So  threatening  were  the  movements  of  the 
enemy  on  both  banks  of  the  Chickahominy,  that 
it  was  impossible  to  decide  until  the  afternoon 
where  the  real  attack  would  be  made.  Large 
forces  of  infantry  were  seen  during  the  day  near 
the  Old  Tavern,  on  Franklin's  right,  and  threat 
ening  demonstrations  were  frequently  made  along 
the  entire  line  on  this  side  of  the  river,  which 
rendered  it  necessary  to  hold  a  considerable  force 
in  position  to  meet  them. 

On  the  twenty-sixth  a  circular  was  sent  to  the 
corps  commanders,  on  the  right  bank  of  the  riv 
er,  asking  them  how  many  of  their  troops  could 
be  spared  to  reenforce  General  Porter,  after  re 
taining  sufficient  to  hold  their  positions  for  twen 
ty-four  hours. 

To  this  the  following  replies  were  received  : 

HEADQUARTERS  THIRD  CORPS,  } 
June  26 — 4  P.M.         J 

I  think  I  can  hold  the  intrenchments  with  four 
brigades  for  twenty-four  hours.  That  would 
leave  two  brigades  disposable  for  service  on  the 
other  side  of  the  river,  but  the  men  are  so  tired 
and  worn  out  that  I  fear  they  would  not  be  in  a 
condition  to  fight  after  making  a  march  of  any 
distance.  ...  S.  P.  HEINTZELMAN, 

Brigadier-General. 

General  R.  B.  MARCY. 

Telegrams  from  General  Heintzelman,  on  the 
twenty-fifth  and  twenty-sixth,  had  indicated  that 
the  enemy  was  in  large  force  in  front  of  Gene 
rals  Hooker  and  Kearny,  and  on  the  Charles 
City  road,  (Longstreet,  Hill,  and  Huger,)  and 
General  Heintzelman  expressed  the  opinion,  on 
the  night  of  the  twenty-fifth,  that  he  could  not 
hold  his  advanced  position  without  reenforce- 
ments. 

General  Keyes  telegraphed : 

u  As  to  how  many  men  will  be  able  to  hold 
this  position  for  twenty-four  hours,  I  must  an- 
swer,  all  I  have,  if  the  enemy  is  as  strong  as 
ever  in  front,  it  having  at  all  times  appeared 
to  me  that  our  forces  on  this  flank  are  small 
enough." 

On  the  morning  of  the  twenty-seventh,  the 
following  despatch  was  sent  to  General  Sumner  : 

HEADQOARTEBS  ARMY  OF  THE  POTOMAC,  ) 
June  27—8.45  A.M.  ) 

General  Smith  just  reports  that  six  or  eight 
regiments  have  moved  down  to  the  woods  in 
front  of  General  Sumner.  R.  B.  MARCY, 

Chief  of  Staff 
General  E.  V.  SUMNER, 

Commanding  Second  Army  Corps. 


586 


REBELLION  RECORD,  18G2-63. 


At  eleven  o'clock  A.M.  General  Sumner  tele 
graphed  as  follows : 

"  The  enemy  threaten  an  attack  on  my  right, 
near  Smith." 

At  half-past  twelve  P.M.  he  telegraphed : 

"  Sharp  shelling  on  both  sides." 

At  forty-five  minutes  past  two  P.M.  : 

u  Sharp  musketry  firing  in  front  of  Burns  ;  we 
are  replying  with  artillery  and  infantry.  The 
man  on  the  lookout  reports  some  troops  drawn 
up  in  line  of  battle  about  opposite  my  right  and 
Smith's  left ;  the  number  cannot  be  made  out." 

In  accordance  with  orders  given  on  the  night 
of  the  twenty-sixth,  General  Slocum's  division 
commenced  crossing  the  river  to  support  Gen 
eral  Porter  soon  after  daybreak  on  the  morning 
of  the  twenty-seventh  ;  but  as  the  firing  in  front 
of  General  Porter  ceased,  the  movement  was  sus 
pended.  At  two  P.M.  General  Porter  called  for 
reenforcements.  I  ordered  them  at  once,  and  at 
twenty -five  minutes  past  three  P.M.  sent  him  the 
following : 

"  Slocum  is  now  crossing  Alexander's  Bridge 
with  his  whole  command ;  enemy  has  commenced 
an  infantry  attack  on  Smith's  left ;  I  have  order 
ed  down  Sumner's  and  Heintzelman's  reserves, 
and  you  can  count  on  the  whole  of  Slocum's. 
Go  on  as  you  have  begun." 

During  the  day  the  following  despatches  were 
received,  which  will  show  the  condition  of  affairs 
on  the  right  bank  of  the  Chickahominy  : 

June  27,  1862. 

General  Smith  thinks  the  enemy  are  massing 
heavy  columns  in  the  clearings  to  the  right  of 
James  Garnett's  house,  and  on  the  other  side  of 
the  river  opposite  it.  Three  regiments  are  re 
ported  to  be  moving  from  Sumner's  to  Smith's 
front.  The  arrangements  are  very  good,  made 
by  Smith.  "W.  B.  FRANKLIN, 

Brigadier-General. 

Colonel  A.  Y.  COLBURN, 

Assistant  Adjutant-General. 

Afterward  he  telegraphed : 

u  The  enemy  has  begun  an  attack  on  Smith's 
left  with  infantry.  I  know  no  details." 

Afterward  the  following : 

u  The  enemy  has  opened  on  Smith  from  a  bat 
tery  of  three  pieces  to  the  right  of  the  White 
House.  Our  shells  are  bursting  well,  and  Smith 
thinks  Sumner  will  soon  have  a  cross-fire  upon 
them  that  will  silence  them." 

Afterward  (at  fifty  minutes  past  five  P.M.)  the 
following  was  sent  to  General  Keyes : 

"  Please  send  one  brigade  of  Couch's  division 
to  these  headquarters,  without  a  moment's  delay. 
A  staff-officer  will  be  here  to  direct  the  brigade 
where  to  go." 

Subsequently  the  following  was  sent  to  Gen 
erals  Sumner  and  Franklin : 

"  Is  there  any  sign  of  the  enemy  being  in  force 
in  your  front  ?  Can  you  spare  any  more  force 
to  be  sent  to  General  Porter  ?  Answer  at  once." 

At  fifteen  minutes  past  five  P.M.  the  following 
was  received  from  General  Franklin  : 


"  I  do  not  think  it  prudent  to  take  any  more 
troops  from  here  at  present." 

General  Sumner  replied  as  follows  : 

"  If  the  General  desires  to  trust  the  defence  of 
my  position  to  my  front  line  alone,  I  can  send 
French  with  three  regiments,  and  Meagher  with 
his  brigade,  to  the  right ;  every  thing  is  so  un 
certain,  that  I  think  it  would  be  hazardous  to 
do  it." 

These  two  brigades  were  sent  to  reenforce 
General  Porter,  as  has  been  observed. 

At  twenty-five  minutes  past  five  P.M.  I  sent 
the  following  to  General  Franklin : 

"  Porter  is  hard  pressed  ;  it  is  not  a  question 
of  prudence,  but  of  possibilities.  Can  you  possi 
bly  maintain  your  position  until  dark  with  two 
brigades  ?  I  have  ordered  eight  regiments  of 
Sumner's  to  support  Porter ;  one  brigade  of 
Couch's  to  this  place. 

"Heintzelman's  reserve  to  go  in  rear  of  Sum 
ner.  If  possible,  send  a  brigade  to  support  Por 
ter.  It  should  follow  the  regiments  ordered  from 
Sumner." 

At  thirty-five  minutes  past  seven  P.M.  the  fol 
lowing  was  sent  to  General  Sumner  : 

"If  it  is  possible,  send  another  brigade  to  re- 
enforce  General  Smith ;  it  is  said  three  heavy 
columns  of  infantry  are  moving  on  him." 

From  the  foregoing  despatches  it  will  be  seen 
that  all  disposable  troops  were  sent  from  the 
right  bank  of  the  river  to  reenforce  General  Por 
ter,  and  that  the  corps  commanders  were  left 
with  smaller  forces  to  hold  their  positions  than 
they  deemed  adequate.  To  have  done  more, 
even  though  Porter's  reverse  had  been  prevent 
ed,  would  have  had  the  still  more  disastrous 
result  of  imperilling  the  whole  movement  across 
the  Peninsula. 

The  operations  of  this  day  proved  the  numeri 
cal  superiority  of  the  enemy,  and  made  it  evident 
that  while  he  had  a  large  army  on  the  left  bank 
of  the  Chickahominy,  which  had  already  turned 
our  right,  and  was  in  position  to  intercept  the 
communications  with  our  depot  at  the  White 
House,  he  was  also  in  large  force  between  our 
army  and  Richmond  ;  I  therefore  effected  a  junc 
tion  of  our  forces. 

This  might  probably  have  been  executed  on 
either  side  of  the  Chickahominy  ;  and  if  the  con 
centration  had  been  effected  on  the  left  bank,  it 
is  possible  we  might,  with  our  entire  force,  have 
defeated  the  enemy  there ;  but  at  that  time  they 
held  the  roads  leading  to  the  White  House,  so 
that  it  would  have  been  impossible  to  have  sent 
forward  supply  trains  in  advance  of  the  army  in 
that  direction,  and  the  guarding  of  those  trains 
would  have  seriously  embarrassed  our  operations 
in  the  battle  ;  we  would  have  been  compelled  to 
fight,  if  concentrated  on  that  bank  of  the  river. 
Moreover,  we  would  at  once  have  been  followed 
by  the  enemy's  forces  upon  the  Richmond  side  of 
the  river  operating  upon  our  rear,  and  if,  in  the 
chances  of  war,  we  had  been  ourselves  defeated 
in  the  effort,  we  would  have  been  forced  to  fall 
back  to  the  White  House,  and  probably  to  Fort 


DOCUMENTS. 


587 


Monroe  ;  and,  as  both  our  flanks  and  rear  would 
then  have  been  entirely  exposed,  our  entire  sup 
ply  train,  if  not  the  greater  part  of  the  army  it 
self,  might  have  been  lost. 

The  movements  of  the  enemy  showed  that 
they  expected  this,  and,  as  they  themselves  ac 
knowledged,  they  were  prepared  to  cut  off  our 
retreat  in  that  direction. 

I  therefore  concentrated  all  our  forces  on  the 
right  bank  of  the  river. 

During  the  night  of  the  twenty-sixth  and  morn 
ing  of  the  twenty-seventh,  all  our  wagons,  heavy 
guns,  etc.,  were  gathered  there. 

It  may  be  asked,  why,  after  the  concentration 
of  our  forces  on  the  right  bank  of  the  Chicka- 
hominy,  with  a  large  part  of  the  enemy  drawn 
away  from  Richmond  upon  the  opposite  side,  I 
did  not,  instead  of  striking  for  James  River, 
fifteen  miles  below  that  place,  at  once  march 
directly  on  Richmond. 

It  will  be  remembered  that  at  this  juncture 
the  enemy  was  on  our  rear,  and  there  was  every 
reason  to  believe  that  he  would  sever  our  com 
munications  with  the  supply  depot  at  the  White 
House. 

We  had  on  hand  but  a  limited  amount  of 
rations,  and  if  we  had  advanced  directly  on 
Richmond,  it  would  have  required  considerable 
time  to  carry  the  strong  works  around  that  place, 
during  which  our  men  would  have  been  desti 
tute  of  food ;  and  even  if  Richmond  had  fallen 
before  our  arms,  the  enemy  could  still  have 
occupied  our  supply  communications  between 
that  place  and  the  gunboats,  and  turned  the 
disaster  into  victory.  If,  on  the  other  hand,  the 
enemy  had  concentrated  all  his  forces  at  Rich 
mond  during  the  progress  of  our  attack,  and  we 
had  been  defeated,  we  must  in  all  probability 
have  lost  our  trains  before  reaching  the  flotilla. 

The  battles  which  continued  day  after  day  in 
the  progress  of  our  flank  movement  to  the  James 
River,  .with  the  exception  of  the  one  at  Gaines's 
Mill,  were  successes  to  our  arms,  and  the  closing 
engagement  at  Maivern  Hill  was  the  most  decisive 
of  all. 

On  the  evening  of  the  twenty-seventh  of  June 
I  assembled  the  corps  commanders  at  my  head 
quarters,  and  informed  them  of  my  plan,  its  rea 
sons,  and  my  choice  of  route  and  method  of  exe 
cution. 

General  Keyes  was  directed  to  move  his  corps, 
with  its  artillery  and  baggage,  across  the  White 
Oak  swamp  bridge,  and  to  seize  strong  positions 
on  the  opposite  side  of  the  swamp,  to  cover  the 
passage  of  the  other  troops  and  trains. 

This  was  executed  on  the  twenty-eighth  by 
noon.  Before  daybreak  on  the  twenty-eighth  I 
went  to  Savage's  Station,  and  remained  there 
during  the  day  and  night,  directing  the  with 
drawal  of  the  trains  and  supples  of  the  army. 

Orders  were  given  to  the  different  commanders 
to  load  their  wagons  with  ammunition  and  pro 
visions,  and  the  necessary  baggage  of  the  officers 
and  men,  and  to  destroy  all  property  which  could 
not  be  transported  with  the  army. 

Orders  were  also  given  to  leave  with  those  of 


the  sick  and  wounded  who  could  not  be  trans 
ported,  a  proper  complement  of  surgeons  and  at 
tendants,  with  a  bountiful  supply  of  rations  and 
medical  stores. 

The  large  herd  of  two  thousand  five  hundred 
beef-cattle  was,  by  the  Chief  Commissary,  Colonel 
Clarke,  transferred  to  the  James  River  without 
loss. 

On  the  morning  of  the  twenty-eighth,  while 
General  Franklin  was  withdrawing  his  command 
from  Golding's  farm,  the  enemy  opened  upon 
General  Smith's  division  from  Garnett's  Hill, 
from  the  valley  above,  and  from  Gaines's  Hill  on 
the  opposite  side  of  the  Chickahominy ;  and 
shortly  afterward  two  Georgia  regiments  attempt 
ed  to  carry  the  works  about  to  be  vacated,  but 
this  attack  was  repulsed  by  the  Twenty-third 
New-York  and  the  Forty-ninth  Pennsylvania 
volunteers  on  picket,  and  a  section  of  Mott's  bat 
tery. 

Porter's  corps  was  moved  across  White  Oak 
swamp  during  the  day  and  night,  and  took  up 
positions  covering  the  roads  leading  from  Rich 
mond  toward  White  Oak  swamp  and  Long  Bridge. 
McCall's  division  was  ordered,  on  the  night  of  the 
twenty-eighth,  to  move  across  the  swamp  and 
take  a  proper  position  to  assist  in  covering  the 
remaining  troops  and  trains. 

During  the  same  night  the  corps  of  Sumner 
and  Heintzelman,  and  the  division  of  Smith, 
were  ordered  to  an  interior  line,  the  left  resting 
on  Keyes's  old  intrenchments,  and  curving  to  the 
right,  so  as  to  cover  Savage's  Station. 

General  Slocum's  division,  of  Franklin's  corps, 
was  ordered  to  Savage's  Station,  in  reserve. 

They  were  ordered  to  hold  this  position  until 
dark  of  the  twenty-ninth,  in  order  to  cover  the 
withdrawal  of  the  trains,  and  then  to  fall  back 
across  the  swamp  and  unite  with  the  remainder 
of  the  army. 

On  the  twenty-eighth  I  sent  the  following  to 
the  Secretary  of  War : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  I 
SAVAGE'S  STATION,  June  28,  1862— 12.20  A.M.     ) 

I  now  know  the  full  history  of  the  day.  On 
this  side  of  the  river  (the  right  bank)  we  repulsed 
several  strong  attacks.  On  the  left  bank  our  men 
did  all  that  men  could  do,  all  that  soldiers  could 
accomplish,  but  they  were  overwhelmed  by  vastly 
superior  numbers,  even  after  I  brought  my  last 
reserves  into  action.  The  loss  on  both  sides  is 
terrible.  I  believe  it  will  prove  to  be  the  most 
desperate  battle  of  the  war.  The  sad  remnants 
of  my  men  behave  as  men.  Those  battalions 
who  fought  most  bravely,  and  suffered  most,  are 
still  in  the  best  order.  My  regulars  were  superb  ; 
and  I  count  upon  what  are  left  to  turn  another 
battle,  in  company  with  their  gallant  comrades 
of  the  volunteers.  Had  I  twenty  thousand 
(20,000)  or  even  ten  thousand  (10,000)  fresh 
troops  to  use  to-morrow,  I  could  take  Richmond ; 
but  I  have  not  a  man  in  reserve,  and  shall  be 
glad  to  cover  my  retreat  and  save  the  material 
and  personnel  of  the  army. 

If  we  have  lost  the  day,  we  have  yet  preserved 
our  honor,  and  no  one  need  blush  for  the  army 


589 


REBELLION  RECORD,  1862-63. 


of  the  Potomac.  I  have  lost  this  battle  because 
my  force  was  too  small. 

I  again  repeat  that  I  am  not  responsible  for 
this,  and  I  say  it  with  the  earnestness  of  a  general 
who  feels  in  his  heart  the  loss  of  every  brave 
man  who  has  been  needlessly  sacrificed  to-day. 
I  still  hope  to  retrieve  our  fortunes ;  but  to  do 
this  the  Government  must  view  the  matter  in  the 
same  earnest  light  that  I  do.  You  must  send 
me  very  large  reinforcements,  and  send  them  at 
once.  I  shall  draw  back  to  this  side  of  the  Chick- 
ahominy,  and  think  I  can  withdraw  all  our  ma 
terial.  Please  understand  that  in  this  battle  we 
have  lost  nothing  but  men,  and  those  the  best 
we  have. 

In  addition  to  what  I  have  already  said,  I  only 
wish  to  say  to  the  President  that  I  think  he  is 
wrong  in  regarding  me  as  ungenerous  when  I 
said  that  my  force  was  too  weak.  I  merely  in 
timated  a  truth  which  to-day  has  been  too  plain 
ly  proved.  If,  at  this  instant,  I  could  dispose  of 
ten  thousand  (10,000)  fresh  men,  I  could  gain 
the  victory  to-morrow. 

I  know  that  a  few  thousand  more  men  would 
have  changed  this  battle  from  a  defeat  to  a  vic 
tory.  As  it  is,  the  Government  must  not  and 
cannot  hold  me  responsible  for  the  result. 

I  feel  too  earnestly  to-night.  I  have  seen  too 
many  dead  and  wounded  comrades  to  feel  other 
wise  than  that  the  Government  has  not  sustained 
this  army.  If  you  do  not  do  so  now,  the  game  is 
lost. 

If  I  save  this  army  now,  I  tell  you  plainly  that 


BATTLE    OF    ALLEN  S    FARM. 

General  Sumner  vacated  his  works  at  Fair  Oaks 
on  June  twenty-ninth,  at  daylight,  and  marched 
his  command  to  Orchard  Station,  halting  at  Al 
len's  Field,  between  Orchard  and  Savage's  Sta 
tion.  The  divisions  of  Richardson  and  Sedgwick 
were  formed  on  the  right  of  the  railroad,  facing 
toward  Richmond,  Richardson  holding  the  right, 
and  Sedgwick  joining  the  right  of  HeintzelmanV, 
corps.  The  first  line  of  Richardson's  division 
was  held  by  General  French,  General  Caldwefc 
supporting  in  the  second.  A  log  building  in 
front  of  Richardson's  division  was  held  by  Colo 
nel  Brooks  with  one  regiment,  (Fifty-third  Penn 
sylvania  volunteers,)  writh  Hazzard's  battery  on 
an  elevated  piece  of  ground,  a  little  in  rear  of 
Colonel  Brooks's  command. 

At  nine  A.M.  the  enemy  commenced  a  furious 
attack  on  the  right  of  General  Sedgwick,  but 
were  repulsed.  The  left  of  General  Richardson 
was  next  attacked,  the  enemy  attempting  in  vain 
to  carry  the  position  of  Colonel  Brooks.  Cap 
tain  Hazzard's  battery,  and  Pettit's  battery, 
which  afterward  replaced  it,  were  served  with 
great  effect,  while  the  Fifty-third  Pennsylvania 
kept  up  a  steady  fire  on  the  advancing  enemy, 
compelling  them  at  last  to  retire  in  disorder.  The 
enemy  renewed  the  attack  three  times,  but  were 
as  often  repulsed. 

BATTLE    OF    SAVAGE'S    STATION. 

General  Slocum  arrived  at  Savage's  Station  at 
an  early  hour  on  the  twenty-ninth,  and  was  or- 


I  owe  no  thanks  to  you,  or  to  any  other  persons  |  dered  to  cross  White  Oak  "swamp'  and  relieve 

General   Keyes's   corps.      As    soon   as    General 


in  Washington. 

You  have  done  your  best  to  sacrifice  this  army. 

G.  B.  McCLELLAN. 

Hon.  E.  M.  STANTON. 

The  headquarters  camp  at  Savage's  Station 
was  broken  up  early  on  the  morning  of  the  twen 
ty-ninth,  and  moved  across  White  Oak  swamp. 
As  the  essential  part  of  this  day's  operation  was 
the  passage  of  the  trains  across  the  swamp,  and 
their  protection  against  attack  from  the  direction 
of  New-Market  and  Richmond,  as  well  as  the 
immediate  and  secure  establishment  of  our  com 
munications  with  the  gunboats,  I  passed  the  day 
in  examining  the  ground,  directing  the  posting 
of  troops,  and  securing  the  uninterrupted  move 
ment  of  the  trains. 

In  the  afternoon  I  instructed  General  Keyes 
to  move  during  the  night  to  James  River,  and 
occupy  a  defensive  position  near  Malvern  Hill, 
to  secure  our  extreme  left  flank. 

General  F.  J.  Porter  was  ordered  to  follow  him, 
and  prolong  the  line  toward  the  right.  The 
trains  were  to  be  pushed  on  toward  James  River 
in  rear  of  these  corps,  and  placed  under  the  pro 
tection  of  the  gunboats  as  they  arrived. 

A  sharp  skirmish  with  the  enemy's  cavalry 
early  this  day  on  the  Quaker  Road  showed  that 
his  efforts  were  about  to  be  directed  toward  im 
peding  our  progress  to  the  river,  and  rendered 
my  presence  in  that  quarter  necessary. 


Keyes  was  thus  relieved,  he  moved  toward  -Tfimes 
River,  which  he  reached  in  safety,  with  all  *.s  ar 
tillery  and  baggage,  early  on  the  morning  of  the 
thirtieth,  and  took  up  a  position  below  Turkey 
Creek  bridge. 

During  the  morning  General  Franklin  heard 
that  the  enemy,  after  having  repaired  the  bridges, 
was  crossing  the  Chickahominy  in  large  force, 
and  advancing  toward  Savage's  Station.  He 
communicated  this  information  to  General  Sum 
ner,  at  Allen's  Farm,  and  moved  Smith's  division 
to  Savage's  Station.  A  little  after  noon  General 
Sumner  united  his  forces  with  those  of  General 
Franklin,  and  assumed  command. 

I  had  ordered  General  Heintzelman,  with  his 
corps,  to  hold  the  Williamsburgh  road  until 
dark,  at  a  point  where  were  several  field-works, 
and  a  skirt  of  timber  between  these  works  and 
the  railroad ;  but  he  fell  back  before  night,  and 
crossed  White  Oak  swamp  at  Brackett's  Ford. 

General  Sumner  in  his  report  of  the  battle  of 
Savage's  Station  says : 

"  When  the  enemy  appeared  on  the  Williams- 
burgh  road  I  could  not  imagine  why  General 
Heintzelman  did  not  attack  him,  and  not  till 
some  time  afterward  did  I  learn,  to  my  utter 
amazement,  that  General  Heintzelman  had  left 
the  field,  and  retreated  with  his  whole  corps 
(about  fifteen  thousand  men)  before  the  action 
commenced.  This  defection  rn'yht  have  been 


DOCUMENTS. 


589 


attended  with  the  most  disastrous  consequences ; 
and  although  we  beat  the  enemy  signally  and 
drove  him  from  the  field,  we  should  certainly 
have  given  him  a  more  crushing  blow  if  Genera) 
Heintzelman  had  been  there  with  his  corps." 

General  Heintzelman  in  his  report  of  the  op 
erations  of  his  corps  says : 

U0n  the  night  of  the  twenty-eighth  of  June  I 
received  orders  to  withdraw  the  troops  of  my 
corps  from  the  advanced  position  they  had  taken 
on  the  twenty -fifth  of  June,  and  to  occupy  the 
intrenched  lines  about  a  mile  in  rear.  A  map 
was  sent  me,  showing  the  positions  General 
Sumner's  and  General  Franklin's  corps  would 
occupy. 

"  About  sunrise  the  next  day  our  troops  slowly 
fell  back  to  the  new  position,  cautiously  followed 
by  the  enemy,  taking  possession  of  our  camps 
as  soon  as  we  left  them. 

"  From  some  misapprehension  General  Sumner 
held  a  more  advanced  position  than  was  indicated 
on  the  map  furnished  me,  thus  leaving  a  space 
of  about  three  fourths  of  a  mile  between  the 
right  of  his  corps  and  General  Smith's  division 
of  General  Franklin's  corps. 

"At  eleven  A.M.  on  the  twenty-ninth  the  enemy 
commenced  an  attack  on  General  Sumner's 
troops,  a  few  shells  falling  within  my  lines. 
Late  in  the  forenoon  reports  reached  me  that  the 
rebels  were  in  possession  of  Dr.  Trent's  house, 
only  a  mile  and  a  half  from  Savage's  Station.  I 
sent  several  cavalry  reconnoissances,  and  finally 
was  satisfied  of  the  fact.  General  Franklin  came 
to  my  headquarters,  when  I  learned  of  the  inter 
val  between  his  left  and  General  Sumner's  right, 
in  which  space  Dr.  Trent's  house  is ;  also  that 
the  rebels  had  repaired  one  of  the  bridges  across 
the  Chickahominy,  and  were  advancing. 

"  I  rode  forward  to  see  General  Sumner,  and 
met  his  troops  falling  back  on  the  Williamsburgh 
road  through  my  lines.  General  Sumner  in 
formed  me  that  he  intended  to  make  a  stand  at 
Savage's  Station,  and  for  me  to  join  him  to  de 
termine  upon  the  position. 

"  This  movement  of  General  Sumner's  uncover 
ing  my  right  flank,  it  became  necessary  for  me 
to  at  once  withdraw  my  troops.  .  .  . 

"  I  rode  back  to  find  General  Sumner.  After 
some  delay,  from  the  mass  of  troops  in  the  field, 
I  found  him,  and  learned  that  the  course  of  ac 
tion  had  been  determined  on ;  so  I  returned  to 
give  the  necessary  orders  for  the  destruction  of 
the  railroad  cars,  ammunition,  and  provisions 
still  remaining  on  the  ground. 

"  The  whole  open  space  near  Savage's  Station 
was  crowded  with  troops — more  than  I  supposed 
could  be  brought  into  action  judiciously.  An 
aid  from  the  Commanding  General  had  in  the 
morning  reported  to  me  to  point  out  a  road  across 
the  White  Oak  swamp,  starting  from  the  left  of 
General  Kearny's  position  and  leading  by  Brack- 
ett's  Ford.  .  .  . 

SUP.  Doc.  38 


"  The  advance  of  the  column  reached  the  Charles 
City  road  at  half-past  six  P.M.,  and  the  rear  at 
ten  P.M.,  without  accident." 

The  orders  given  by  me  to  Generals  Sumner, 
Heintzelman,  and  Franklin,  were  to  hold  the  po 
sitions  assigned  them  until  dark.  As  stated  by 
General  Heintzelman,  General  Sumner  did  not 
occupy  the  designated  position ;  but,  as  he  was 
the  senior  officer  present  on  that  side  of  the 
White  Oak  swamp,  he  may  have  thought  that 
the  movements  of  the  enemy  justified  a  devia 
tion  from  the  letter  of  the  orders.  It  appears 
from  his  report  that  he  assumed  command  of  all 
the  troops  near  Savage's  Station,  and  determined 
to  resist  the  enemy  there;  and  that  he  gave  Gen 
eral  Heintzelman  orders  to  hold  the  same  posi 
tion  as  I  had  assigned  him. 

The  aid  sent  by  me  to  General  Heintzelman 
to  point  out  the  road  across  the  swamp  was  to 
guide  him  in  retiring  after  dark. 

On  reaching  Savage's  Station,  Sumner's  and 
Franklin's  commands  were  drawn  up  in  line  of 
battle  in  the  large  open  field  to  the  left  of  the 
railroad,  the  left  resting  on  the  edge  of  the  woods, 
and  the  right  extending  down  to  the  railroad. 
General  Brooks,  with  his  brigade,  held  the  wood 
to  the  left  of  the  field,  where  he  did  excellent 
service,  receiving  a  wound,  but  retaining  his  com 
mand. 

General  Hancock's  brigade  was  thrown  into  the 
woods  on  the  right  and  front.  At  four  P.M.  the 
enemy  commenced  his  attack  in  large  force  by 
the  Williamsburgh  road.  It  was  gallantly  met 
by  General  Burns' s  brigade,  supported  and  reen- 
forced  by  two  lines  in  reserve,  and  finally  by  the 
New- York  Sixty-ninth,  Hazzard's  and  Pettit's 
batteries  again  doing  good  service.  Osborn's 
and  Bramhall's  batteries  also  took  part  effective 
ly  in  this  action,  which  was  continued  with  great 
obstinacy  until  between  eight  and  nine  P.M., 
when  the  enemy  were  driven  from  the  field. 

Immediately  after  the  battle  the  orders  were 
repeated  for  all  the  troops  to  fall  back  and  cross 
White  Oak  swamp,  which  was  accomplished  dur 
ing  the  night  in  good  order.  By  midnight  all 
the  troops  were  on  the  road  to  White  Oak  swamp 
bridge,  General  French,  with  his  brigade,  acting 
as  rear-guard,  and  at  five  A.M.  on  the  thirtieth 
all  had  crossed  and  the  bridge  was  destroyed. 

On  the  afternoon  of  the  twenty -ninth  I  gave  to 
the  corps  commanders  their  instructions  for  the 
operations  of  the  following  day.  As  stated  be 
fore,  Porter's  corps  was  to  move  forward  to 
James  River,  and,  with  the  corps  of  General 
Keyes,  to  occupy  a  position  at  or  near  Turkey 
Bend,  on  a  line  perpendicular  to  the  river,  thus 
covering  the  Charles  City  road  to  Richmond, 
opening  communication  with  the  gunboats,  and 
covering  the  passage  of  the  supply-trains,  which 
were  pushed  forward  as  rapidly  as  possible  upon 
Haxall's  plantation.  The  remaining  corps  were 
pressed  onward,  and  posted  so  as  to  guard  the 
approaches  from  Richmond,  as  well  as  the  cross 
ings  of  the  White  Oak  swamp,  over  which  the 
army  had  passed.  General  Franklin  was  ordered 
to  hold  the  passage  of  White  Oak  swamp  bridge, 


REBELLION  RECORD,  1862-68. 


and  cover  the  withdrawal  of  the  trains  from  that 
point.  His  command  consisted  of  his  own  corps, 
with  General  Richardson's  division  and  General 
Naglee's  brigade  placed  under  his  orders  for  the 
occasion.  General  Slocum's  division  was  on  the 
right  of  the  Charles  City  road. 

On  the  morning  of  the  thirtieth  I  again  gave 
to  the  corps  commanders  within  reach  instruc 
tions  for  posting  their  troops.  I  found  that,  not 
withstanding  all  the  efforts  of  my  personal  staff 
and  other  officers,  the  roads  were  blocked  by 
wagons,  and  there  was  great  difficulty  in  keep 
ing  the  trains  in  motion. 

The  engineer  officers  whom  I  had  sent  forward 
on  the  twenty-eighth  to  reconnoitre  the  roads  had 
neither  returned  nor  sent  me  any  reports  or 
guides.  Generals  Keyes  and  Porter  had  been 
delayed — one  by  losing  the  road,  and  the  other 
by  repairing  an  old  road — and  had  not  been  able 
to  send  any  information.  We  then  knew  of  but 
one  road  for  the  movement  of  the  troops  and  our 
immense  trains. 

It  was  therefore  necessary  to  post  the  troops 
in  advance  of  this  road  as  well  as  our  limited 
knowledge  of  the  ground  permitted,  so  as  to 
cover  the  movement  of  the  trains  in  the  raar. 

I  then  examined  the  whole  line  from  the  swamp 
to  the  left,  giving  final  instructions  for  the  post- 
irg  of  the  troops  and  the  obstructions  of  the 
roads  toward  Richmond,  and  all  corps  com 
manders  were  directed  to  hold  their  positions 
until  the  trains  had  passed,  after  which  a  more 
concentrated  position  was  to  be  taken  up  near 
Jan  es  River. 

Our  force  was  too  small  to  occupy  and  hold 
the  entire  line  from  the  White  Oak  swamp  to  the 
river,  exposed  as  it  was  to  be  taken  in  reverse  by 
a  movement  across  the  lower  part  of  the  swamp, 
or  across  the  Chickahominy  below  the  swamp. 
Moreover,  the  troops  were  then  greatly  exhaust 
ed  and  required  rest  in  a  more  secure  position. 

I  extended  my  examinations  of  the  country  as 
far  as  Haxall's,  looking  at  all  the  approaches  to 
Malvern,  which  position  I  perceived  to  be  the 
key  to  our  operations  in  this  quarter,  and  was 
thus  enabled  to  expedite  very  considerably  the 
passage  of  the  trains,  and  to  rectify  the  positions 
of  the  troops. 

Every  thing  being  then  quiet,  I  sent  aids  to 
the  different  corps  commanders  to  inform  them 
what  I  had  done  on  the  left,  and  to  bring  me  in 
formation  of  the  condition  of  affairs  on  the  right. 
I  returned  from  Malvern  to  Haxall's,  and  having 
made  arrangements  for  instant  communication 
from  Malvern  by  signals,  went  on  board  of  Cap 
tain  Rodgers's  gunboat,  lying  near,  to  confer 
with  him  in  reference  to  the  condition  of  our 
supply  vessels,  and  the  state  of  things  on  the 
mer.  It  was  his  opinion  that  it  would  be  ne 
cessary  for  the  army  to  fall  back  to  a  position 
below  City  Point,  as  the  channel  there  was  so 
near  the  southern  shore  that  it  would  not  be  pos 
sible  to  bring  up  the  transports,  should  the  ene 
my  occupy  it.  Harrison's  Landing  was,  in  his 
opinion,  the  nearest  suitable  point.  Upon  the  ter 
mination  of  this  interview  I  returned  to  Malvern 


Hill,  and  remained  there  until  shortly  before  day 
light 

BATTLE    OF    "  NELSONS    FARM"    Oil    "OLENDALE." 

On  the  morning  of  the  thirtieth,  General  Sunv 
ner  was  ordered  to  march  with  Sedgwick's  divi 
sion  to  Glendale,  ("Nelson's  Farm.")  General 
McCall's  division  (Pennsylvania  reserves)  was 
halted  during  the  morning  on  the  New-Market 
road,  just  in  advance  of  the  point  where  the  road 
turns  off  to  Quaker  Church.  This  line  was 
formed  perpendicularly  to  the  New-Market  road, 
with  Meade's  brigade  on  the  right,  Seymour's  on 
the  left,  and  Reynolds's  brigade,  commanded  by 
Colonel  S.  G.  Simmons,  of  the  Fifth  Pennsylva 
nia,  in  reserve  ;  Randall's  regular  battery  on  the 
right,  Kern's  and  Cooper's  batteries  opposite  the 
centre,  and  Deidrich's  and  Kanahan's  batteries 
of  the  artillery  reserve  on  the  left  —  all  in  front 
of  the  infantry  line.  The  country  in  General 
McCall's  front  was  an  open  field,  intersected  to 
ward  the  right  by  the  New-Market  road,  and  a 
small  strip  of  timber  parallel  to  it ;  the  open 
front  was  about  eight  hundred  yards,  its  depth 
about  one  thousand  yards. 

On  the  morning  of  the  thirtieth,  General  Heint- 
zelman  ordered  the  bridge  at  Brackett's  Ford  to 
be  destroyed,  and  trees  to  be  felled  across  that 
road  and  the  Charles  City  road.  General  Slo 
cum's  division  was  to  extend  to  the  Charles  City 
road.  General  Kearny's  left  to  connect  with  Gen 
eral  Slocum's  left.  General  McCall's  position 
was  to  the  left  of  the  Long  Bridge  road,  in  con 
nection  with  General  Kearny's  left.  General 
Hooker  was  on  the  left  of  General  McCall.  Be 
tween  twelve  and  one  o'clock  the  enemy  opened 
a  fierce  cannonade  upon  the  divisions  of  Smith 
and  Richardson,  and  Naglee's  brigade,  at  White 
Oak  swamp  bridge.  This  artillery  fire  was  con 
tinued  by  the  enemy  through  the  day,  and  he 
crossed  some  infantry  below  our  position.  Rich 
ardson's  division  suffered  severely.  Captain 
Ayres  directed  our  artillery  with  great  effect. 
Captain  Hazzard's  battery,  after  losing  many 
cannoneers,  and  Captain  Hazzard  being  mortally 
wounded,  was  compelled  to  retire.  It  was  re 
placed  by  Petti t's  battery,  which  partial!}'  si 
lenced  the  enemy's  guns. 

General  Franklin  held  his  position  until  after 
dark,  repeatedly  driving  back  the  enemy  in  their 
attempts  to  cross  the  White  Oak  swamp. 

At  two  o'clock  in  the  day  the  enemy  were  re 
ported  advancing  in  force  by  the  Charles  City 
road,  and  at  half-past  two  o'clock  the  attack  was 
made  down  the  road  on  General  Slocum's  left, 
but  was  checked  by  his  artillery.  After  this  the 
enemy,  in  large  force,  comprising  the  divisions 
of  Longstreet  and  A.  P.  Hill,  attacked  General 
McCall,  whose  division,  after  severe  fighting,  was 
compelled  to  retire. 

General  McCall,  in  his  report  of  the  battle, 
says : 

"About  half-past  two  my  pickets  were  driven 
in  by  a  strong  advance,  after  some  skirmishing, 
without  loss  on  our  part. 


DOCUMENTS. 


591 


"At  three  o'clock  the  enemy  sent  forward  a 
regiment  on  the  left  centre  and  another  on  the 
right  centre  to  feel  for  a  weak  point.  They  were 
under  cover  of  a  shower  of  shells,  and  boldly  ad 
vanced,  but  were  both  driven  back  —  on  the  left 
by  the  Twelfth  regiment,  and  on  the  right  by  the 
Seventh  regiment. 

"  For  nearly  two  hours  the  battle  raged  hotly 
here.  ...  At  last  the  enemy  was  compelled 
to  retire  before  the  well-directed  musketry  fire  of 
the  reserves.  The  German  batteries  were  driven 
to  the  rear,  but  I  rode  up  and  sent  them  back. 
It  was,  however,  of  little  avail,  and  they  were 
soon  after  abandoned  by  the  cannoneers."  .  .  . 

"The  batteries  in  front  of  the  centre  were 
boldly  charged  upon,  but  the  enemy  was  speedi 
ly  forced  back."  .  .  . 

"Soon  after  this  a  most  determined  charge 
was  made  on  Randall's  battery  by  a  full  brigade, 
advancing  in  wedge  shape,  without  order,  but  in 
perfect  recklessness.  Somewhat  similar  charges 
had,  I  have  stated,  been  previously  made  on 
Cooper's  and  Kern's  batteries  by  single  regiments 
without  success,  they  having  recoiled  before  the 
storm  of  canister  hurled  against  them.  A  like 
result  was  anticipated  by  Randall's  battery,  and 
the  Fourth  regiment  was  requested  not  to  fire 
until  the  battery  had  done  with  them. 

"  Its  gallant  commander  did  not  doubt  his  abil 
ity  to  repel  the  attack,  and  his  guns  did,  indeed, 
mow  down  the  advancing  host,  but  still  the  gaps 
were  closed,  and  the  enemy  came  in  upon  a  run 
to  the  very  muzzle  of  his  guns. 

"  It  was  a  perfect  torrent  of  men,  and  they  were 
in  his  battery  before  the  guns  could  be  removed. 
Two  guns  that  were,  indeed,  successfully  limber 
ed,  had  their  horses  killed  and  wounded  and 
were  overturned  on  the  spot,  and  the  enemy, 
dashing  past,  drove  the  greater  part  of  the  Fourth 
regiment  before  them. 

"  The  left  company,  (B,)  nevertheless,  stood  its 
ground,  with  its  Captain,  Fred.  A.  Conrad,  as  did, 
likewise,  certain  men  of  other  companies.  I  had 
ridden  into  the  regiment  and  endeavored  to  check 
them,  but  with  only  partial  success. 

"  There  was  no  running.  But  my  division,  re 
duced  by  the  previous  battles  to  less  than  six 
thousand,  (6000,)  had  to  contend  with  the  divi 
sions  of  Longstreet  and  A.  P.  Hill,  considered  two 
of  the  strongest  and  best  among  many  of  the  con 
federate  army,  numbering  that  day  eighteen  thou 
sand  or  twenty  thousand  men,  and  it  was  reluct 
antly  compelled  to  give  way  before  heavier  force 
accumulated  upon  them." 

General  Heintzelman  states  that  about  five 
o'clock  P.M.  General  McCall's  division  was  attack 
ed  in  large  force,  evidently  the  principal  attack  ; 
that  in  less  than  an  hour  the  division  gave  way, 
and  adds  :  "  General  Hooker  being  on  his  left, 
by  moving  to  his  right,  repulsed  the  rebels  in  the 
handsomest  manner  with  great  slaughter.  Gen 
eral  Sumner,  who  was  with  General  Sedgwick  in 
MoCall's  rear,  also  greatly  aided  with  his  artillery 


and  infantry  in  driving  back  the  enemy.  They 
now  renewed  their  attack  with  vigor  on  General 
Kearny's  left,  and  were  again  repulsed  with  heavy 
loss." 

This  attack  commenced  about  four  P.M.,  and 
was  pushed  by  heavy  masses  with  the  utmost 
determination  and  vigor.  Captain  Thompson's 
battery,  directed  with  great  precision,  firing 
double  charges,  swept  them  back.  The  whole 
open  space,  two  hundred  paces  wide,  was  filled 
with  the  enemy ;  each  repulse  brought  fresh 
troops.  The  third  attack  was  only  repulsed  by 
the  rapid  volleys  and  determined  charge  of  the 
Sixty-third  Pennsylvania,  Colonel  Hays,  and  half 
of  the  Thirty-seventh  New-York  volunteers. 

General  McCall's  troops  soon  began  to  emerge 
from  the  woods  into  the  open  field.  Several  bat 
teries  were  in  position  and  began  to  fire  into  the 
woods  over  the  heads  of  our  men  in  front.  Cap 
tain  De  Russy's  battery  was  placed  on  the  right  of 
General  Sumner's  artillery  with  orders  to  shell 
the  woods.  General  Burns' s  brigade  was  then 
advanced  to  meet  the  enemy,  and  soon  drove  him 
back ;  other  troops  began  to  return  from  the 
White  Oak  swamp.  Late  in  the  day,  at  the  call 
of  General  Kearny,  General  Taylor's  first  New- 
Jersey  brigade,  Slocum's  division,  was  sent  to 
occupy  a  portion  of  General  McCall's  deserted 
position,  a  battery  accompanying  the  brigade. 
They  soon  drove  back  the  enemy,  who  shortly 
after  gave  up  the  attack,  contenting  themselves 
with  keeping  up  a  desultory  firing  till  late  at 
night.  Between  twelve  and  one  o'clock  at  night 
General  Heintzelman  commenced  to  withdraw  his 
corps,  and  soon  after  daylight  both  of  his  divi 
sions,  with  General  Slocum's  division  and  a  por 
tion  of  General  Sumner's  command,  reached  Mal- 
vern  Hill. 

On  the  morning  of  the  thirtieth,  General  Sum 
ner,  in  obedience  to  orders,  had  moved  promptly 
to  Glendale,  and  upon  a  call  from  General  Frank 
lin  for  reinforcements,  sent  him  two  brigades, 
which  returned  in  time  to  participate  and  render 
good  service  in  the  battle  near  Glendale.  Gen 
eral  Sumner  says  of  this  battle : 

"The  battle  of  Glendale  was  the  most  severe 
action  since  the  battle  of  Fair  Oaks.  About  three 
o'clock  P.M.  the  action  commenced,  and  after  a 
furious  contest,  lasting  till  after  dark,  the  enemy 
was  routed  at  all  points  and  driven  from  the 
field." 

The  rear  of  the  supply  trains  and  the  reserve 
artillery  of  the  army  reached  Malvern  Hill  about 
four  P.M.  At  about  this  time  the  enemy  began 
to  appear  in  General  Porter's  front,  and  at  five 
o'clock  advanced  in  large  force  against  his  left 
flank,  posting  artillery  under  cover  of  a  skirt  of 
timber,  with  a  view  to  engage  our  force  on  Malvern 
Hill,  while  with  his  infantry  and  some  artillery  he 
attacked  Colonel  Warren's  brigade.  A  concen 
trated  fire  of  about  thirty  guns  was  brought  to 
bear  on  the  enemy,  which,  with  the  infantry  fire 
of  Colonel  Warren's  command,  compelled  him  to 
retreat,  leaving  two  guns  in  the  hands  of  Colonel 


592 


REBELLION  RECORD,  1862-63. 


Warren.  The  gunboats  rendered  most  efficient 
aid  at  this  time,  and  helped  to  drive  back  the 
enemy. 

It  was  very  late  at  night  before  my  aids  return 
ed  to  give  me  the  results  of  the  day's  fighting 
along  the  whole  line,  and  the  true  position  of  af 
fairs.  While  waiting  to  hear  from  General  Frank 
lin,  before  sending  orders  to  Generals  Sumner 
and  Heintzelman,  I  received  a  message  from  the 
latter  that  General  Franklin  was  falling  back  ; 
whereupon  I  sent  Colonel  Colburn  of  my  staff, 
with  orders  to  verify  this,  and  if  it  were  true,  to 
order  in  Generals  Sumner  and  Heintzelman  at 
once.  He  had  not  gone  far  when  he  met  two 
officers  sent  from  General  Franklin's  headquar 
ters  with  the  information  that  he  was  falling  back. 
Orders  were  then  sent  to  Generals  Sumner  and 
Heintzelman  to  fall  back  also,  and  definite  in 
structions  were  given  as  to  the  movement  which 
was  to  commence  on  the  right.  The  orders  met 
v,hese  troops  already  en  route  to  Malvern.  In 
structions  were  also  sent  to  General  Franklin  as 
to  the  route  he  was  to  follow. 

General  Barnard  then  received  full  instructions 
for  posting  the  troops  as  they  arrived. 

I  then  returned  to  Haxall's,  and  again  left  for 
Malvern  soon  after  daybreak.  Accompanied  by 
several  general  officers,  I  once  more  made  the 
entire  circuit  of  the  position,  and  then  returned 
to  Haxall's,  whence  I  went  with  Captain  Rodgers 
to  select  the  final  location  for  the  army  arid  its 
depots.  I  returned  to  Malvern  before  the  serious 
fighting  commenced,  and  after  riding  along  the 
lines,  and  seeing  most  cause  to  feel  anxious  about 
the  right,  remained  in  that  vicinity. 

BATTLE    OF    MALVERN    HILL. 

The  position  selected  for  resisting  the  further 
advance  of  the  enemy  on  the  first  of  July  was 
with  the  left  and  centre  of  our  lines  resting  on 
Malvern  Hill,  while  the  right  curved  backward 
through  a  wooded  country  toward  a  point  below 
Haxall's  on  James  River.  Malvern  Hill  is  an 
elevated  plateau  about  a  mile  and  a  half  by  three 
fourths  of  a  mile  in  area,  well  cleared  of  timber, 
and  with  several  converging  roads  running  over 
it.  In  front  are  numerous  defensible  ravines, 
and  the  ground  slopes  gradually  toward  the  north 
and  east  to  the  woodland,  giving  clear  ranges  for 
artillery  in  those  directions.  Toward  the  north 
west  the  plateau  falls  off  more  abruptly  into  a 
ravine  which  extends  to  James  River.  From  the 
position  of  the  enemy  his  most  obvious  line  of 
attack  would  come  from  the  direction  of  Rich 
mond  and  White  Oak  swamp,  and  would  almost 
of  necessity  strike  us  upon  our  left  wing.  Here, 
therefore,  the  lines  were  strengthened  by  massing 
the  troops  and  collecting  the  principal  part  of  the 
artillery.  Porter's  corps  held  the  left  of  the  line, 
(Sykes's  division  on  the  left,  Morell's  on  the 
right,)  with  the  artillery  of  his  two  divisions  ad 
vantageously  posted,  and  the  artillery  of  the  re 
serve  so  disposed  on  the  high  ground  that  a  con 
centrated  fire  of  some  sixty  guns  could  be  brought 
to  bear  on  any  point  in  his  front  or  left.  Colonel 
Tyler  also  had,  with  great  exertion,  succeeded  in 


getting  ten  of  his  siege-guns  in  position  on  the 
highest  point  of  the  hill. 

Couch's  division  was  placed  on  the  right  of 
Porter ;  next  came  Kearny  and  Hooker ;  next 
Sedgwick  and  Richardson ;  next  Smith  and  Slo- 
cum  ;  then  the  remainder  of  Reyes's  corps,  ex 
tending  by  a  backward  curve  nearly  to  the  river. 
The  Pennsylvania  reserve  corps  was  held  in  re 
serve,  and  stationed  behind  Porter's  and  Couch's 
position.  One  brigade  of  Porter's  was  thrown 
to  the  left  on  the  low  ground  to  protect  that 
flank  from  any  movement  direct  from  the  Rich 
mond  road.  The  line  was  very  strong  along  the 
whole  front  of  the  open  plateau,  but  from  thence 
to  the  extreme  right  the  troops  were  more  de 
ployed.  This  formation  was  imperative,  as  an 
attack  would  probably  be  made  upon  our  left. 
The  right  was  rendered  as  secure  as  possible  by 
slashing  the  timber  and  by  barricading  the  roads. 
Commodore  Rodgers,  commanding  "the  flotilla 
on  James  River,  placed  his  gunboats  so  as  to 
protect  our  flank,  and  to  command  the  approach 
es  from  Richmond. 

Between  nine  and  ten  A.M.  the  enemy  com 
menced  feeling  along  our  whole  left  wing,  with 
his  artillery  and  skirmishers,  as  far  to  the  right 
as  Hooker's  division. 

About  two  o'clock  a  column  of  the  enemy  was 
observed  moving  toward  our  right,  within  the 
skirt  of  woods  in  front  of  Heintzelman' s  corps, 
but  beyond  the  range  of  our  artillery.  Arrange 
ments  were  at  once  made  to  meet  the  anticipated 
attack  in  that  quarter,  but,  though  the  column 
was  long,  occupying  more  than  two  hours  in 
passing,  it  disappeared,  and  was  not  again  heard 
of.  The  presumption  is,  that  it  retired  by  the 
rear,  and  participated  in  the  attack  afterward 
made  on  our  left. 

About  three  P.M.  a  heavy  fire  of  artillery  open 
ed  on  Kearny's  left  and  Couch's  division,  speed 
ily  followed  up  by  a  brisk  attack  of  infantry  on 
Couch's  front.  The  artillery  was  replied  to  with 
good  effect  by  our  own,  and  the  infantry  of 
Couch's  division  remained  lying  on  the  ground 
until  the  advancing  column  was  within  short 
musket-range,  when  they  sprang  to  their  feet 
and  poured  in  a  deadly  volley  which  entirely 
broke  the  attacking  force  and  drove  them  in  dis 
order  back  over  their  own  ground.  This  advan 
tage  was  followed  up  until  we  had  advanced  the 
right  of  our  line  some  seven  or  eight  hundred 
yards,  and  rested  upon  a  thick  clump  of  trees, 
giving  us  a  stronger  position  and  a  better  fire. 

Shortly  after  four  o'clock  the  firing  ceased 
along  the  whole  front,  but  no  disposition  was 
evinced  on  the  part  of  the  enemy  to  withdraw 
from  the  field.  Caldwell's  brigade,  having  been 
detached  from  Richardson's  division,  was  station 
ed  upon  Couch's  right  by  General  Porter,  to 
whom  he  had  been  ordered  to  report.  The  wl  ,le 
line  was  surveyed  by  the  General,  and  every 
thing  held  in  readiness  to  meet  the  coming  at 
tack.  At  s»x  o'clock  the  enemy  suddenly  opened 
upon  Couch  and  Porter  with  the  whole  strength 
of  his  artillery,  and  at  once  began  pushing  for- 
ward  his  columns  of  attack  to  carry  the  hill.  BrU 


DOCUMENTS. 


593 


gade  after  brigade,  formed  under  cover  of  the 
woods,  started  at  a  run  to  cross  the  open  space 
and  charge  our  batteries,  but  the  heavy  fire  of 
our  guns,  with  the  cool  and  steady  volleys  of  our 
infantry,  in  every  case  sent  them  reeling  back  to 
shelter,  and  covered  the  ground  with  their  dead 
and  wounded.  In  several  instances  our  infantry 
withheld  their  fire  until  the  attacking  column, 
which  rushed  through  the  storm  of  canister  and 
shell  from  our  artillery,  had  reached  within  a  few 
yards  of  our  lines.  They  then  poured  in  a  single 
volley  and  dashed  forward  with  the  bayonet, 
capturing  prisoners  and  colors,  and  driving  the 
routed  columns  in  confusion  from  the  field. 

About  seven  o'clock,  as  fresh  troops  were  ac 
cumulating  in  front  of  Porter  and  Couch,  Meagher 
and  Sickles  were  sent  with  their  brigades,  as 
soon  as  it  was  considered  prudent  to  withdraw 
any  portion  of  Sumner's  and  Heintzelman's 
troops,  to  reenforce  that  part  of  the  line  and  hold 
the  position.  These  brigades  relieved  such  regi 
ments  of  Porter's  corps  and  Couch's  division  as 
had  expended  their  ammunition,  and  batteries 
from  the  reserve  wrere  pushed  forward  to  replace 
those  whose  boxes  were  empty.  Until  dark  the 
enemy  persisted  in  his  efforts  to  take  the  position 
so  tenaciously  defended  ;  but,  despite  his  vastly 
superior  numbers,  his  repeated  and  desperate 
attacks  were  repulsed  with  fearful  loss,  and  dark 
ness  ended  the  battle  of  Malvern  Hill,  though  it 
was  not  until  after  nine  o'clock  that  the  artillery 
ceased  its  fire. 

During  the  whole  battle  Commodore  Rodgers 
added  greatly  to  the  discomfiture  of  the  enemy, 
by  throwing  shell  among  his  reserves  and  ad 
vancing  columns. 

As  the  army  in  its  movement  from  the  Chicka- 
hominy  to  Harrison's  Landing  was  continually 
occupied  in  marching  by  night  and  fighting  by 
day,  its  commanders  found  no  time  or  opportu 
nity  for  collecting  data  which  would  enable  them 
to  give  exact  returns  of  casualties  in  each  en 
gagement.  The  aggregate  of  our  entire  losses 
from  the  twenty-sixth  of  June  to  the  first  of 
July,  inclusive,  was  ascertained,  after  arriving  at 
Harrison's  Landing,  to  be  as  follows  : 

List  of  the  killed,  wounded,  and  missing  in  the 
army  of  the  Potomac  from  the  twenty -sixth  of 
June  to  the  first  of  July,  1862,  inclusive. 


Corps. 

Killed. 

Wounded. 

Missing. 

Ag'gate. 

1st.  McCall's  division,* 
2d.  Sumner's,  
8d.  Heintze'nnan's,  
4th.  Reyes's,  

253 
187 
189 
69 
620 
245 

1240 
1076 
1051 
507 
2460 
1313 
2 
60 

1581 
848 
833 
201 
1198 
1179 
21 
97 

8,074 
2,111 
,  2,073 

4,278 
2,737 
23 
176 

6th.  Porter's,  

6th.  Franklin's,  

Engineers,  

Cavalry,  

19 

Total,  

1582 

7709 

5958 

15,249 

Although  the  result  of  the  battle  of  Malvern 
was  a   complete  victory,   it   was,   nevertheless, 

*  Pennsylvania  reserves. 

necessary  to  fall  back  still  further,  in  order  to 
reach  a  point  where  our  supplies  could  be  brought 
to  us  with  certainty.  As  before  stated,  in  the 
opinion  of  Captain  Rodgers,  commanding  the  gun 
boat  flotilla,  this  could  only  be  done  below  City 
Point ;  concurring  in  his  opinion,  I  selected 
Harrison's  Bar  as  the  new  position  of  the  army. 
The  exhaustion  of  our  supplies  of  food,  forage, 
and  ammunition,  made  it  imperative  to  reach  the- 
transports  immediately. 

The  greater  portion  of  the  transportation  of  the 
army  having  been  started  for  Harrison's  Land 
ing  during  the  night  of  the  thirtieth  of  June  and 
first  of  July,  the  order  for  the  movement  of  the 
troops  was  at  once  issued  upon  the  final  repulse 
of  the  enemy  at  Malvern  Hill.  The  order  pre 
scribed  a  movement  by  the  left  and  rear,  Gen 
eral  Reyes's  corps  to  cover  the  manoeuvre.  It 
was  not  carried  out  in  detail  as  regards  the  divi 
sions  on  the  left,  the  roads  being  somewhat  block 
ed  by  the  rear  of  our  trains.  Porter  and  Couch 
were  not  able  to  move  out  as  early  as  had  been 
anticipated,  and  Porter  found  it  necessary  to 
place  a  rear-guard  between  his  command  and  the 
enemy.  Colonel  Averill,  of  the  Third  Pennsyl 
vania  cavalry  was  intrusted  with  this  delicate 
duty.  He  had  under  his  command  his  own  regi 
ment  and  Lieutenant-Colonel  Buchanan's  brigade 
of  regular  infantry  and  one  battery.  By  a  judi 
cious  use  of  the  resources  at  his  command  he  de 
ceived  the  enemy  so  as  to  cover  the  withdrawal 
of  the  left  wing  without  being  attacked,  remain 
ing  himself  on  the  previous  day's  battle-field 
until  about  seven  o'clock  of  the  second  of  July. 
Meantime  General  Keyes,  having  received  his 
orders,  commenced  vigorous  preparations  for 
covering  the  movement  of  the  entire  army  and 
protecting  the  trains.  It  being  evident  that  the 
immense  number  of  wagons  and  artillery  carria 
ges  pertaining  to  the  army  could  not  move  with 
celerity  along  a  single  road,  General  Keyes  took 
advantage  of  every  accident  of  the  ground  to 
open  new  avenues  and  to  facilitate  the  movement. 
He  made  preparations  for  obstructing  the  roads, 
after  the  army  had  passed,  so  as  to  prevent  any 
rapid  pursuit,  destroying  effectually  Turkey 
Bridge,  on  the  main  road,  and  rendering  other 
roads  and  approaches  temporarily  impassable  by 
felling  trees  across  them.  He  kept  the  trains 
well  closed  up,  and  directed  the  inarch  so  that 
the  troops  could  move  on  each  side  of  the  roads, 
not  obstructing  the  passage,  but  being  in  good 
position  to  repel  an  attack  from  any  quarter. 
His  dispositions  were  so  successful  that,  to  use 
his  own  words :  "  I  do  not  think  more  vehicles  or 
more  public  property  were  abandoned  on  the 
march  from  Turkey  Bridge  than  would  have 
been  left,  in  the.  same  state  of  the  roads,  if  the 
army  had  been  moving  toward  the  enemy  in 
stead  of  away  from  him.  And  when  it  is  under 
stood  that  the  carriages  and  teams  belonging  to 
this  army,  stretched  out  in  one  line,  would  extend 
not  far  from  forty  miles,  the  energy  and  caution 
necessary  for  their  safe  withdrawal  from  the  pres 
ence  of  an  enemy,  vastly  superior  in  numbers, 
will  be  appreciated."  The  last  of  the  wagona 


594 


REBELLION  RECORD,  1862-63. 


did  not  reach  the  site  selected  at  Harrison's  Bar 
until  after  dark  on  the  third  of  July,  and  the 
rear-guard  did  not  move  into  their  camp  until 
every  thing  was  secure.  The  enemy  followed 
up  with  a  small  force,  and  on  the  third  threw  a 
few  shells  at  the  rear-guard,  but  were  quickly 
dispersed  by  our  batteries  and  the  fire  of  the 
gunboats. 

Great  credit  must  be  awarded  to  General  Keyes 
for  the  skill  and  energy  which  characterized  his 
performance  of  the  important  and  delicate  duties 
intrusted  to  his  charge. 

High  praise  is  also  due  to  the  officers  and  men 
of  the  First  Connecticut  artillery,  Colonel  Tyler, 
for  the  manner  in  which  they  withdrew  all  the 
heavy  guns  during  the  seven  days,  and  from  Mal- 
vern  Hill.  Owing  to  the  crowded  state  of  the 
roads  the  teams  could  not  be  brought  within  a 
couple  of  miles  of  the  position,  but  these  energetic 
soldiers  removed  the  guns  by  hand  for  that  dis 
tance,  leaving  nothing  behind. 

THIRD    PERIOD. 

ON  the  first  of  July  I  received  the  following 
from  the  President : 

WASHINGTON,  July  1, 1862— &.80  P.M. 

It  is  impossible  to  reenforce  you  for  your  pres 
ent  emergency.  If  we  had  a  million  of  men  we 
could  not  get  them  to  you  in  time.  We  have  not 
the  men  to  send.  If  you  are  not  strong  enough 
to  face  the  enemy,  you  must  find  a  place  of  secu 
rity,  and  wait,  rest,  and  repair.  Maintain  your 
ground  if  you  can,  but  save  the  army  at  all  events, 
even  if  you  fall  back  to  Fort  Monroe.  We  still 
have  strength  enough  in  the  country  and  will 
bring  it  out.  A.  LINCOLN. 

Major-General  G.  B.  MCCLELLAN. 

In  a  despatch  from  the  President  to  me,  on  the 
second  of  July,  he  says : 

"  If  you  think  you  are  not  strong  enough  to 
take  Richmond  just  now,  I  do  not  ask  you  to. 
Try  just  now  to  save  the  army,  material  and  per 
sonnel,  and  I  will  strengthen  it  for  the  offensive 
again  as  fast  as  I  can.  The  Governors  of  eighteen 
States  offer  me  a  levy  of  three  hundred  thousand, 
which  I  accept." 

On  the  third  of  July  the  following  kind  des 
patch  was  received  from  the  President : 

[Extract] 

WASHINGTON,  July  8, 1862—3  P.M. 
Yours  of  half-past-five  yesterday  is  just  receiv 
ed.  I  am  satisfied  that  yourself,  officers,  and 
men,  have  done  the  best  you  could.  All  accounts 
say  better  fighting  was  never  done.  Ten  thou 
sand  thanks  for  it. 

A.  LINCOLN. 
Major-General  G.  B.  MCCLELLAN. 

On  the  fourth  I  sent  the  following  to  the  Pres 
ident  : 

HEADQUARTERS  ARMT  OF  THK  POTOMAC,  \ 
HARRISON'S  BAR,  JAMBS  RIVER.  July  4,  1862.      f 

I  have  the  honor  to  acknowledge  the  receipt  of 
your  despatch  of  the  second  instant. 


I  shall  make  a  stand  at  this  place,  and  endeavor 
to  give  my  men  the  repose  they  so  much  require. 

After  sending  my  communication  on  Tuesday, 
the  enemy  attacked  the  left  of  our  lines,  and  a 
fierce  battle  ensued,  lasting  until  night ;  they 
were  repulsed  with  great  slaughter.  Had  their 
attack  succeeded,  the  consequences  would  have 
been  disastrous  in  the  extreme.  This  closed  the 
hard  fighting  which  had  continued  from  the  after 
noon  of  the  twenty-sixth  ultimo,  in  a  daily  series 
of  engagements  wholly  unparalleled  on  this  con 
tinent  for  determination  and  slaughter  on  both 
sides. 

The  mutual  loss  in  killed  and  wounded  is  enor 
mous.  That  of  the  enemy  certainly  greatest. 
On  Tuesday  morning,  the  first,  our  army  com 
menced  its  movement  from  Haxall's  to  this  point, 
our  line  of  defence  there  being  too  extended  to 
be  maintained  by  our  weakened  forces.  Our 
train  was  immense,  and  about  four  P.M.  on  the 
second  a  heavy  storm  of  rain  began,  which  con 
tinued  during  the  entire  day  and  until  the  fore 
noon  of  yesterday. 

The  roads  became  horrible.  Troops,  artillery, 
and  wagons  moved  on  steadily,  and  our  whole 
army,  men  and  material,  was  finally  brought  safe 
into  this  camp. 

The  last  of  the  wagons  reached  here  at  noon 
yesterday.  The  exhaustion  was  very  great,  but 
the  army  preserved  its  morale,  and  would  hart 
repelled  any  attack  which  the  enemy  was  in  con 
dition  to  make. 

We  now  occupy  a  line  of  heights,  about  two 
miles  from  the  James,  a  plain  extending  from 
there  to  the  river ;  our  front  is  about  three  miles 
long  ;  these  heights  command  our  whole  position, 
and  must  be  maintained.  The  gunboats  can  ren 
der  valuable  support  upon  both  flanks.  If  the 
enemy  attack  us  in  front  we  must  hold  our  ground 
as  we  best  may,  and  at  whatever  cost. 

Our  positions  can  be  carried  only  by  over 
whelming  numbers.  The  spirit  of  the  army  is 
excellent ;  stragglers  are  finding  their  regiments, 
and  the  soldiers  exhibit  the  best  results  of  dis 
cipline.  Our  position  is  by  no  means  impregna 
ble,  especially  as  a  morass  extends  on  this  side 
of  the  high  ground  from  our  centre  to  the  James 
on  our  right.  The  enemy  may  attack  in  vast 
numbers,  and  if  so,  our  front  will  be  the  scene  of 
a  desperate  battle,  which,  if  lost,  will  be  deci 
sive.  Our  army  is  fearfully  weakened  by  killed, 
wounded,  and  prisoners. 

I  cannot  now  approximate  to  any  statement  of 
our  losses,  but  we  were  not  beaten  in  any  conflict. 

The  enemy  were  unable,  by  their  utmost  efforts, 
to  drive  us  from  any  field.  Never  did  such  a 
change  of  base,  involving  a  retrograde  movement, 
and  under  incessant  attacks  from  a  most  deter 
mined  and  vastly  more  numerous  foe,  partake  so 
little  of  disorder.  We  have  lost  no  guns  except 
twenty-five  on  the  field  of  battle,  twenty-one  of 
which  were  lost  by  the  giving  way  of  McCall'a 
division,  under  the  onset  of  superior  numbers. 

Our  communications  by  the  James  River  ar« 
not  secure.  There  are  points  where  the  enemy 
can  establish  themselves  with  cannon  or  musket> 


DOCUMENTS. 


50* 


ry  and  command  the  river,  and  where  it  is  not 
certain  that  our  gunboats  can  drive  them  out. 
In  case  of  this,  or  in  case  our  front  is  broken,  I 
will  still  make  every  effort  to  preserve,  at  least, 
the  personnel  of  the  army,  and  the  events  of  the 
last  few  days  leave  no  question,  that  the  troops 
will  do  all  that  their  country  can  ask.  Send 
such  reinforcements  as  you  can ;  I  will  do  what 
I  can.  We  are  shipping  our  wounded  and  sick 
and  landing  supplies.  The  Navy  Department 
should  cooperate  with  us  to  the  extent  of  its  re 
sources.  Captain  Rodgers  is  doing  all  in  his  power 
in  the  kindest  and  most  efficient  manner. 

When  all  the  circumstances  of  the  case  are 
known,  it  will  be  acknowledged  by  all  competent 
'udges  that  the  movement  just  completed  by  this 
army  is  unparalleled  in  the  annals  of  war.  Un 
der  the  most  difficult  circumstances  we  have  pre 
served  our  trains,  our  guns,  our  material,  and, 
above  all,  our  honor.  G.  B.  MCCLELLAN, 

Major- General. 

The  PRESIDENT. 

To  which  I  received  the  following  reply : 

WASHINGTON,  July  5, 1862—9  A.M. 

A  thousand  thanks  for  the  relief  your  two  des 
patches,  of  twelve  and  one  P.M.  yesterday,  gave 
me.  Be  assured  the  heroism  and  skill  of  your 
self  and  officers  and  men  is,  and  forever  will  be, 
appreciated. 

If  you  can  hold  your  present  position  we  shall 
hive  the  enemy  yet.  A.  LINCOLN. 

Major-General  G.  B.  MCCLELLAN, 

Commanding  Army  of  the  Potomac. 

The  following  letters  were  received  from  His 
Excellency  the  President : 

WAR  DEPARTMENT,  | 

WASHINGTON  CITY,  D.  C.,  July  4, 1862.  f 

I  understand  your  position  as  stated  in  your 
letter,  and  by  General  Marcy.  To  reenforce  you 
so  as  to  enable  you  to  resume  the  offensive  with 
in  a  month,  or  even  six  weeks,  is  impossible. 
In  addition  to  that  arrived  and  now  arriving  from 
the  Potomac,  (about  ten  thousand  men,  I  sup 
pose,)  and  about  ten  thousand,  I  hope,  you  will 
have  from  Burnside  very  soon,  and  about  five  thou 
sand  from  Hunter  a  little  later,  I  do  not  see  how 
I  can  send  you  another  man  within  a  month. 
Under  these  circumstances,  the  defensive,  for  the 
present,  must  be  your  only  care.  Save  the  army, 
first,  where  you  are,  if  you  can,  and,  secondly, 
by  removal,  if  you  must.  You,  on  the  ground, 
must  be  the  judge  as  to  which  you  will  attempt, 
an  d  of  the  means  for  effecting  it.  I  but  give  it 
as  my  opinion,  that  with  the  aid  of  the  gunboats 
ind  the  reinforcements  mentioned  above,  you 
can  hold  your  present  position  ;  provided,  and 
BO  long  as  you  can  keep  the  James  River  open 
below  you.  If  you  are  not  tolerably  confident 
you  can  keep  the  James  River  open,  you  had 
better  remove  as  soon  as  possible.  I  do  not  re 
member  that  you  have  expressed  any  apprehen 
sion  as  to  the  danger  of  having  your  communi 


cation  cut  on  the  river  below  you,  yet  I  do  no' 
suppose  it  can  have  escaped  your  attention. 

Yours,  very  truly,  A.  LINCOLN. 

Major-General  MCCLELLAN. 

P.  S.— If  at  any  time  you  feel  able  to  take  the 
offensive,  you  are  not  restrained  from  doing  so. 

A.  L. 

The  following  telegram  was  sent  on  the  ser- 
enth: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  } 
BERKELEY,  July  7,  1862—8.30  A.M.        f 

As  boat  is  starting,  I  have  only  time  to  ac 
knowledge  receipt  of  despatch  by  General  Marcy. 
Enemy  have  not  attacked.  My  position  is  very 
strong,  and  daily  becoming  more  so.  If  not  at 
tacked  to-day,  I  shall  laugh  at  them.  I  have 
been  anxious  about  my  communications.  Had 
long  consultation  about  it  with  Flag-Officer  Golds- 
borough  last  night ;  he  is  confident  he  can  keep 
river  open.  He  should  have  all  gunboats  possi 
ble.  Will  see  him  again  this  morning.  My  men 
in  splendid  spirits  and  anxious  to  try  it  again. 

Alarm  yourself  as  little  as  possible  about  me, 
and  don't  lose  confidence  in  this  army. 

G.  B.  MCCLELLAN, 

A.  LINCOLN,  Major-General. 

President. 

While  General-in-Chief,  and  directing  the  op 
erations  of  all  our  armies  in  the  field,  I  had  be 
come  deeply  impressed  with  the  importance  of 
adopting  and  carrying  out  certain  views  regard 
ing  the  conduct  of  the  war,  which,  in  my  judg 
ment,  were  essential  to  its  objects  and  its  suc 
cess. 

During  an  active  campaign  of  three  months  in 
the  enemy's  country,  these  were  so  fully  con-* 
firmed  that  I  conceived  it  a  duty,  in  the  critical 
position  we  then  occupied,  not  to  withhold  a 
candid  expression  of  the  more  important  of  these 
views  from  the  Commander-in-Chief,  whom  the 
Constitution  places  at  the  head  of  the  armies  and 
navies,  as  well  as  of  the  government  of  the  na 
tion. 

The  following  is  a  copy  of  my  letter  to  Mr 
Lincoln : 

HEADQUARTERS  ARMY  OK  THE  POTOMAC,  I 

CAMP  NEAR  HARRISON'S  LANDING,  VA.,  July  7,  1862.  ) 

MR.  PRESIDENT:  You  have  been  fully  informed 
that  the  rebel  army  is  in  the  front,  with  the  pur 
pose  of  overwhelming  us  by  attacking  our  posi 
tions  or  reducing  us  by  blocking  our  river  com 
munications.  I  cannot  but  regard  our  condition 
as  critical,  and  I  earnestly  desire,  in  view  of  pos 
sible  contingencies,  to  lay  before  your  Excellen 
cy,  for  your  private  consideration,  my  general 
views  concerning  the  existing  state  of  the  rebel 
lion,  although  they  do  not  strictly  relate  to  the 
situation  of  this  army,  or  strictly  come  within 
the  scope  of  my  official  duties.  These  views 
amount  to  convictions,  and  are  deeply  impressed 
upon  my  mind  and  heart.  Our  cause  must  never 
be  abandoned;  it  is  the  cause  of  free  institutions 
and  self-government.  The  Constitution  and  the 
Union  must  be  preserved,  whatever  may  be  th« 


596 


REBELLION"   RECORD,  1862-68. 


cost  in  time,  treasure,  and  blood.  Tf  secession 
is  successful,  other  dissolutions  are  clearly  to  be 
seen  in  the  future.  Let  neither  military  disas 
ter,  political  faction,  nor  foreign  war  shake  your 
settled  purpose  to  enforce  the  equal  operation  of 
the  laws  of  the  United  States  upon  the  people 
of  every  State. 

The  time  has  come  when  the  Government  must 
determine  upon  a  civil  and  military  policy,  cov 
ering  the  whole  ground  of  our  national  trouble. 

The  responsibility  of  determining,  declaring, 
and  supporting  such  civil  and  military  policy, 
and  of  directing  the  whole  course  of  national 
affairs  in  regard  to  the  rebellion,  must  now  be 
assumed  and  exercised  by  you,  or  our  cause  will 
be  lost.  The  Constitution  gives  you  power,  even 
for  the  present  terrible  exigency. 

This  rebellion  has  assumed  the  character  of  a 
war ;  as  such  it  should  be  regarded,  and  it  should 
be  conducted  upon  the  highest  principles  known 
to  Christian  civilization.  It  should  not  be  a  war 
looking  to  the  subjugation  of  the  people  of  any 
State,  in  any  event.  It  should  not  be  at  all  a 
war  upon  population,  but  against  armed  forces 
and  political  organizations.  Neither  confiscation 
of  property,  political  executions  of  persons,  ter 
ritorial  organization  of  States,  or  forcible  aboli 
tion  of  slavery  should  be  contemplated  for  a  mo 
ment. 

In  prosecuting  the  war,  all  private  property 
and  unarmed  persons  should  be  strictly  pro 
tected,  subject  only  to  the  necessity  of  military 
operations  ;  all  private  property  taken  for  mili 
tary  use  should  be  paid  or  receipted  for  ;  pillage 
and  waste  should  be  treated  as  high  crimes  ;  all 
unnecessary  trespass  sternly  prohibited,  and  of 
fensive  demeanor  by  the  military  toward  citizens 
promptly  rebuked.  Military  arrests  should  not 
be  tolerated,  except  in  places  where  active  hos 
tilities  exist ;  and  oaths,  not  required  by  enact 
ments,  constitutionally  made,  should  be  neither 
demanded  nor  received. 

Military  government  should  be  confined  to  the 
preservation  of  public  order  and  the  protection 
of  political  right.  Military  power  should  not  be 
allowed  to  interfere  with  the  relations  of  servi 
tude,  either  by  supporting  or  impairing  the 
authority  of  the  master,  except  for  repressing 
disorder,  as  in  other  cases.  Slaves,  contraband, 
under  the  act  of  Congress,  seeking  military  pro 
tection,  should  receive  it.  The  right  of  the  Gov 
ernment  to  appropriate  permanently  to  its  own 
service  claims  to  slave  labor,  should  be  asserted, 
and  the  right  of  the  owner  to  compensation  there 
for  should  be  recognized.  This  principle  might 
be  extended,  upon  grounds  of  military  necessity 
and  security,  to  all  the  slaves  of  a  particular  State, 
thus  working  manumission  in  such  State  ;  and  in 
Missouri,  perhaps  in  Western  Virginia  also,  and 
possibly  even  in  Maryland,  the  expediency  of 
such  a  measure  is  only  a  question  of  time.  A 
system  of  policy  thus  constitutional,  and  per 
vaded  by  the  influences  of  Christianity  and  free 
dom,  would  receive  the  support  of  almost  all 
truly  loyal  men,  would  deeply  impress  the  rebel 
masses  and  all  foreign  nations,  and  it  might  be 


humbly  hoped  that  it  would  commend  itself  to 
the  favor  of  the  Almighty. 

Unless  the  principles  governing  the  future  con- 
duct  of  our  struggle  shall  be  made  known  and 
approved,  the  effort  to  obtain  requisite  force* 
will  be  almost  hopeless.  A  declaration  of  radi 
cal  views,  especially  upon  slavery,  will  rapidly 
disintegrate  our  present  armies.  The  policy  of 
the  Government  must  be  supported  by  concen 
trations  of  military  power.  The  national  forces 
should  not  be  dispersed  in  expeditions,  posts  of 
occupation,  and  numerous  armies,  but  should  be 
mainly  collected  into  masses,  and  brought  to 
bear  upon  the  armies  of  the  confederate  States. 
Those  armies  thoroughly  defeated,  the  political 
structure  which  they  support  would  soon  cease 
to  exist. 

In  carrying  out  any  system  of  policy  which 
you  may  form,  you  will  require  a  commander-in- 
chief  of  the  army,  one  who  possesses  your  confi 
dence,  understands  your  views,  and  who  is  com 
petent  to  execute  your  orders,  by  directing  the 
military  forces  of  the  nation  to  the  accomplish 
ment  of  the  objects  by  you  proposed.  I  do  not 
ask  that  place  for  myself.  I  am  willing  to  serve 
you  in  such  position  as  you  may  assign  me,  and 
I  will  do  so  as  faithfully  as  ever  subordinate  serv 
ed  superior. 

I  may  be  on  the  brink  of  eternity ;  and  as  I 
hope  forgiveness  from  my  Maker,  I  have  written 
this  letter  with  sincerity  toward  you  and  from 
love  for  my  country. 

Very  respectfully,  your  obedient  servant, 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding 

His  Excellency,  A.  LINCOLN, 

President. 

I  telegraphed  to  the  President  on  the  eleventh 
as  follows : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  j 
BERKELEY,  July  11,  1862—3  P.M.      f 

We  are  very  strong  here  now,  so  far  as  defen 
sive  is  concerned.  Hope  you  will  soon  make  us 
strong  enough  to  advance  and  try  it  again.  All 
in  fine  spirits.  GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

A.  LINCOLN, 

President. 

These  telegrams  were  sent  on  the  twelfth,  sev 
enteenth,  and  eighteenth,  to  His  Excellency  the 
President : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
BERKELEY,  July  12,  1862—7.15  A.M.      f 

Hill  and  Longstreet  crossed  into  New-Kent 
County,  via  Long  Bridge.  I  am  still  ignorant 
what  road  they  afterward  took,  but  will  know 
shortly. 

Nothing  else  of  interest  since  last  despatch. 
Rain  ceased,  and  every  thing  quiet.  Men  rest 
ing  well,  but  beginning  to  be  impatient  for  an 
other  fight. 

I  am  more  and  more  convinced  that  this  army 
ought  not  to  be  withdrawn  from  here,  but  prompt 
ly  reenforced  and  thrown  again  upon  Richmond. 
If  we  have  a  little  more  than  half  a  chance,  we 
can  take  it. 


DOCUMENTS. 


597 


I  dread  the  effects  of  any  retreat  upon  the 
morale  of  the  men. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

A.  LINCOLN, 

President. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  } 
BERKELEY,  July  17,  1862—8  A.M.      ) 

I  have  consulted  fully  with  General  Burnside, 
and  would  commend  to  your  favorable  consider 
ation  the  General's  plan  for  bringing  (7)  seven 
additional  regiments  from  North-Carolina,  by 
leaving  Newbern  to  the  care  of  the  gunboats. 
It  appears  manifestly  to  be  our  policy  to  concen 
trate  here  every  thing  we  can  possibly  spare  from 
less  important  points,  to  make  sure  of  crushing 
the  enemy  at  Richmond,  which  seems  clearly  to 
be  the  most  important  point  in  rebeldom.  Noth 
ing  should  be  left  to  chance  here.  I  would 
recommend  that  General  Burnside,  with  all  his 
troops,  be  ordered  to  this  army,  to  enable  it  to 
assume  the  offensive  as  soon  as  possible. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

A.  LINCOLN, 

President. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
BERKELEY,  July  18, 1862—8  A.M.      f 

No  change  worth  reporting  in  the  state  of 
affairs.  Some  (20,000)  twenty  thousand  to  (25,- 
000)  twenty-five  thousand  of  the  enemy  at  Peters- 
burgh,  and  others  thence  to  Richmond. 

Those  at  Petersburgh  say  they  are  part  of 
Beauregard's  army.  New  troops  arriving  ma 
Petersburgh.  Am  anxious  to  have  determina 
tion  of  Government  that  no  time  may  be  lost  in 
preparing  for  it.  Hours  are  very  precious  now, 
and  perfect  unity  of  action  necessary. 

GEORGE  B.  MCCLELLAN, 

.     -r  Major-General  Commanding. 

A.  LINCOLN, 

President. 

The  following  was  telegraphed  to  General  Hal- 
leek  on  the  twenty -eighth : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
BERKELEY,  July  28,  1862—8  A.M.      f 

Nothing  especially  new  except  corroboration 
of  reports  that  reinforcements  reaching  Rich 
mond  from  South.  It  is  not  confirmed  that  any 
of  Bragg' s  troops  are  yet  here.  My  opinion  is 
more  and  more  firm  that  here  is  the  defence  of 
Washington,  and  that  I  should  be  at  once  ree'n- 
forced  by  all  available  troops  to  enable  me  to  ad 
vance.  Retreat  would  be  disastrous  to  the  army 
and  the  cause.  I  am  confident  of  that. 

GEORGE  B.  MCCLELLAN, 

Major-General. 
Major-General  H.  W.  HALLECK, 

Commanding  U.  S.  Army,  Washington,  B.C. 

On  the  thirtieth,  I  sent  the  following  to  the 
General-in-Chief: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,      ) 
BERKELEY,  July  80,  1S62— 7  A.M.  f 

I  hope  that  it  may  soon  be  decided  what  is  to 
be  done  by  this  army  and  that  the  decision  may 


be  to  reenforce  it  at  once.     We  are  losing  much 

valuable  time,  and  that  at  a  moment  when  energy 

and  decision  are  sadly  needed. 

GEORGE  B. 

Major-Generau. 

Major-General  H.  W.  HALLECK, 

Commanding  U.  S.  Army,  Washington,  D.  C. 

About  half  an  hour  after  midnight,  on  the  morn 
ing  of  August  first,  the  enemy  brought  some  light 
batteries  to  Coggin's  Point  and  the  Coles  House, 
on  the  right  bank  of  James  River,  directly  oppo 
site  Harrison's  Landing,  and  opened  a  heavy 
fire  upon  our  shipping  and  encampments.  It  was 
continued  rapidly  for  about  thirty  minutes,  when 
they  were  driven  back  by  the  fire  of  our  guns ; 
this  affair  was  reported  in  the  following  despatch : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,      J 
BERKELEY,  August  2, 1862 — 8  A.M.  f 

Firing  of  night  before  last  killed  some  ten  (10) 
men  and  wounded  about  (15)  fifteen. 

No  harm  of  the  slightest  consequence  done  to 
the  shipping,  although  several  were  struck.  Sent 
party  across  river  yesterday  to  the  Coles  House, 
destroyed  it,  and  cut  down  the  timber ;  will  com 
plete  work  to-day,  and  also  send  party  to  Cog- 
gin's  Point,  which  I  will  probably  occupy.  I  will 
attend  to  your  telegraph  about  pressing  at  once  ; 
will  send  Hooker  out.  Give  me  Burnside,  and  I 
will  stir  these  people  up.  I  need  more  cavalry ; 
have  only  (3700)  three  thousand  seven  hundred 
for  duty  in  cavalry  division. 

Adjutant-General's  office  forgot  to  send  Sykes's 
commission  as  Major-General,  with  those  of  other 
division  commanders  •  do  me  the  favor  to  hurry 
it  on.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Washington,  D.  0. 

To  prevent  another  demonstration  of  this  char 
acter,  and  to  insure  a  debouche  on  the  south  bank 
of  the  James,  it  became  necessary  to  occupy  Cog- 
gin's  Point,  which  was  done  on  the  third,  and  the 
enemy,  as  will  be  seen  from  the  following  des 
patch,  driven  back  toward  Petersburgh : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
BEBKELEY,  August  3,  1862—10  P.M.  f 

Coggin's  Point  was  occupied  to-day,  and  tim 
ber  felled  so  as  to  make  it  quite  defensible.  I 
went  over  the  ground  myself,  and  found  that  Du- 
ane  had,  as  usual,  selected  an  admirable  position, 
which  can  be  intrenched  with  a  small  amount  of 
labor,  so  as  to  make  it  a  formidable  tete  de  pont, 
covering  the  landing  of  a  large  force. 

I  shall  begin  intrenching  it  by  the  labor  of  con 
trabands  to-morrow.  The  position  covers  the 
Coles  House,  which  is  directly  in  front  of  West- 
over.  We  have  now  a  safe  debouche  on  the  south 
bank,  and  are  secure  against  midnight  cannonad 
ing.  A  few  thousand  more  men  would  place  uit 
in  condition  at  least  to  annoy  and  disconcei  t  thu 
enemy  very  much. 

I  sent  Colonel  Averill  this  morning  with  threo 
hundred  (300)  cavalry  to  examine  the  country 
on  the  south  side  of  the  James,  and  try  to  catch 
some  cavalry  at  Sycamore  Church,  which  is  on  the 


533 


REBELLION  RECORD,  1862-63. 


main  road  from  Petersburgh  to  Suffolk,  and  some 
five  (5)  miles  from  Coles  House.  He  found  a  cav 
alry  force  of  five  hundred  and  fifty  (550)  men,  at 
tacked  them  at  once,  drove  in  their  advance-guards 
io  their  camp,  where  we  had  a  sharp  skirmish, 
and  drove  them  off  in  disorder. 

He  burned  their  entire  camp,  with  their  com 
missary  and  quartermaster's  stores,  and  then  re 
turned  and  recrossed  the  river.  He  took  but  (2) 
two  prisoners,  had  one  man  wounded  by  a  ball, 
and  one  by  a  sabre-cut. 

Captain  Mclntosh  made  a  handsome  charge. 
The  troops  engaged  were  of  the  (5th)  Fifth  regu 
lars,  and  the  (3d)  Third  Pennsylvania  cavalry. 

Colonel  Averill  conducted  this  affair,  as  he  does 
every  thing  he  undertakes,  to  my  entire  satisfac 
tion.  G.  B.  McCLELLAN, 

Major-General  Commanding. 

Major-General  IT.  W.  HALLECK, 

Commanding  United  States  Army,  Washington,  D.  C. 

On  the  first  of  August  I  received  the  following 
despatches : 

WASHINGTON,  July  30,  1862—8  P.M. 
A  despatch  just  received  from  General  Pope 
says  that  deserters  report  that  the  enemy  is  mov 
ing  south  of  James  River,  and  that  the  force  in 
Richmond  is  very  small.  I  suggest  he  be  pressed 
in  that  direction,  so  as  to  ascertain  the  facts  of  the 
case.  H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 

WASHINGTON,  July  30, 1S62 — 8  P.M. 
In  order  to  enable  you  to  move  in  any  direc 
tion,  it  is  necessary  to  relieve  you  of  your  sick. 
The  Surgeon-General  has,  therefore,  been  direct 
ed  to  make  arrangements  for  them  at  other  places, 
and  the  Quartermaster-General  to  provide  trans 
portation.  I  hope  you  will  send  them  away  as 
quickly  as  possible,  and  advise  me  of  their  re 
moval.  H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 

It  is  clear  that  the  General-in-Chief  attached 
some  weight  to  the  report  received  from  General 
Pope,  and  I  was  justified  in  supposing  that  the 
order  in  regard  to  the  removing  the  sick  contem 
plated  an  offensive  movement  rather  than  a  re 
treat,  as  I  had  no  other  data  than  the  telegrams 
just  given,  from  which  to  form  an  opinion  as  to 
the  intentions  of  the  Government. 

The  following  telegram  strengthened  me  in  that 
belief: 

WASHINGTON,  July  81,  1862 — 10  A.M. 

General  Pope  again  telegraphs  that  the  enemy 
is  reported  to  be  evacuating  Richmond,  and  fall 
ing  back  on  Danville  and  Lynchburgh. 

H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 

In  occupying  Coggin's  Point,  as  already  de 
scribed,  I  was  influenced  by  the  necessity  of  pos 
sessing  a  secure  debouche  on  the  south  of  the 
James,  in  order  to  enable  me  to  move  on  the 


communications  of  Richmond  in  that  direction, 
as  well  as  to  prevent  a  repetition  of  midnight  can 
nonades. 

To  carry  out  General  Halleck's  first  order,  of 
July  thirtieth,  it  was  necessary  first  to  gain  pos 
session  of  Malvern  Hill,  which  was  occupied  by 
the  enemy,  apparently  in  some  little  force,  and 
controlled  the  direct  approach  to  Richmond.  Its 
temporary  occupation,  at  least,  was  equally  ne 
cessary  in  the  event  of  a  movement  upon  Peters- 
burgh,  or  even  the  abandonment  of  the  Peninsu 
la.  General  Hooker,  with  his  own  division,  and 
Pleasanton's  cavalry,  was  therefore  directed  to 
gain  possession  of  Malvern  Hill  on  the  night  of 
the  second  of  August. 

He  failed  to  do  so,  as  the  following  despatch 
recites  : 

HEADQUARTERS  ARMY  OF  THK  POTOMAC,         ) 
BEBKELBY,  August  3,  1862—10.20  A.M.  J 

The  movement  undertaken  up  the  river  last 
night  failed  »n  account  of  the  incompetency  of 
guides. 

The  proper  steps  have  been  taken  to-day  to  rem 
edy  this  evil,  and  I  hope  to  be  ready  to-morrow 
night  to  carry  out  your  suggestions  as  to  press 
ing,  at  least  to  accomplish  the  first  indispensable 
step.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  HALLECK, 

Commanding  United  States  Army. 

On  the  fourth  General  Hooker  was  reenforced 
by  General  Sedgwick's  division,  and  having  ob 
tained  a  knowledge  of  the  roads,  he  succeeded  in 
turning  Malvern  Hill,  and  driving  the  enemy  back 
toward  Richmond. 

The  following  is  my  report  of  this  affair  at  the 
time : 

MALVERN  HILL,  August  5, 1862 — 1  P.M. 

General  Hooker,  at  half-past  five  this  morning, 
attacked  a  very  considerable  force  of  infantry  and 
artillery  stationed  at  this  place,  and  carried  it 
handsomely,  driving  the  enemy  toward  Newmar 
ket,  which  is  four  miles  distant,  and  where  it  is 
said  they  have  a  large  force.  We  have  captured 
one  hundred  prisoners,  killed  and  wounded  sev 
eral,  with  a  loss  on  our  part  of  only  three  killed 
and  eleven  wounded ;  among  the  latter,  two  offi 
cers. 

I  shall  probably  remain  here  to-night,  ready  to 
act  as  circumstances  may  require,  after  the  re 
turn  of  my  cavalry  reconnoissances. 

The  mass  of  the  enemy  escaped  under  the  cov 
er  of  a  dense  fog ;  but  our  cavalry  are  still  in  pur 
suit,  and  I  trust  may  succeed  in  capturing  many 
more. 

This  is  a  very  advantageous  position  to  cover 
an  advance  on  Richmond,  and  only  fourteen  and 
three  quarter  miles  distant ;  and  I  feel  confident 
that  with  reinforcements  I  would  march  this  ar 
my  there  in  five  days. 

I  this  instant  learn  that  several  brigades  of  the 
enemy  are  four  miles  from  here  on  the  Quaker 
road,  and  I  have  taken  steps  to  prepare  to  meet 
them. 

General  Hooker's  dispositions  were  admirable, 


DOCUMENTS. 


599 


and  his  officers  and  men  displayed  their  usual 
gallantry.  GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

MALVERN  HILL,  August  5, 1862 — 8  P.M. 

Since  my  last  despatch  Colonel  Averill  has  re 
turned  from  a  reconnoissance,  in  the  direction  of 
Savage's  Station,  toward  Richmond.  He  encoun 
tered  the  Eighteenth  Virginia  cavalry  near  White 
Oak  swamp  bridge,  charged  and  drove  them  some 
distance  toward  Richmond,  capturing  twenty-eight 
men  and  horses,  killing  and  wounding  several. 

Our  troops  have  advanced  twelve  (12)  miles  in 
one  direction,  and  seventeen  (17)  in  another,  to 
ward  Richmond  to-day. 

We  have  secured  a  strong  position  at  Coggin's 
Point,  opposite  our  quartermaster's  depot,  which 
will  effectually  prevent  the  rebels  from  using  ar 
tillery  hereafter  against  our  camps. 

I  learn  this  evening  that  there  is  a  force  of 
twenty  thousand  men  about  six  miles  back  from 
this  point,  on  the  south  bank  of  the  river.  What 
their  object  is,  I  do  not  know,  but  will  keep  a 
sharp  lookout  on  their  movements. 

I  am  sending  off  sick  as  rapidly  as  our  trans 
ports  will  take  them.  I  am  also  doing  every  thing 
in  my  power  to  carry  out  your  orders,  to  push 
reconnoissances  toward  the  rebel  capital,  and 
hope  soon  to  find  out  whether  the  reports  regard 
ing  the  abandonment  of  that  place  are  true. 

GEORGE  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

To  the  despatch  of  one  P.M.,  August  fifth,  the 
following  answer  was  received  : 

WASHINGTON,  August  6, 1862—8  A.M. 

I  have  no  reinforcements  to  send  you. 

H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 
And  soon  after  the  following : 

WASHINGTON,  August  6, 1862. 

You  will  immediately  send  a  regiment  of  cav 
alry  and  several  batteries  of  artillery  to  Burn- 
side's  command  at  Acquia  Creek.  It  is  reported 
that  Jackson  is  moving  north  with  a  very  large 
force.  H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 

On  the  fourth  I  had  received  General  Halleck's 
order  of  the  third,  (which  appears  below,)  direct 
ing  me  to  withdraw  the  army  to  Acquia,  and  on 
the  same  day  sent  an  earnest  protest  against  it. 
A  few  hours  before  this,  General  Hooker  had  in 
formed  me  that  his  cavalry  pickets  reported  large 
bodies  of  the  enemy  advancing  and  driving  them 
in,  and  that  he  would  probably  be  attacked  at 
daybreak. 

Under  these  circumstances  I  had  determined 
to  support  him ;  but  as  I  could  not  get  the  whole 


army  in  position  until  the  next  afternoon,  I  con 
cluded,  upon  the  receipt  of  the  above  telegram 
from  the  General-in-Chief,  to  withdraw  General 
Hooker,  that  there  might  be  the  least  possible  de 
lay  in  conforming  to  General  Halleck's  orders.  I 
therefore  sent  to  General  Hooker  the  following 
letter : 

HEADQUARTERS  ARMY  or  THE  POTOMAC,  ) 
BERKELEY,  August  6,  1862—10  P.M.     ) 

MY  DEAR  GENERAL  :  I  find  it  will  not  be  pos 
sible  to  get  the  whole  army  into  position  before 
some  time  to-morrow  afternoon,  which  will  be 
too  late  to  support  you,  and  hold  the  entire  posi 
tion,  should  the  enemy  attack  in  large  force  at 
daybreak,  which  there  is  strong  reason  to  sup 
pose  he  intends  doing/ 

Should  we  fight  a  general  battle  at  Malvern,  it 
will  be  necessary  to  abandon  the  whole  of  our 
works  here,  and  run  the  risk  of  getting  back 
here. 

Under  advices  I  have  received  from  Washing 
ton,  I  think  it  necessary  for  you  to  abandon  the 
position  to-night,  getting  every  thing  away  before 
daylight. 

Please  leave  cavalry  pickets  at  Malvern,  with 
orders  to  destroy  the  Turkey  Creek  bridge  who* 
they  are  forced  back. 

The  roads  leading  into  Haxall's  from  the  right 
should  be  strongly  watched,  and  Haxall's  at 
least  held  by  a  strong  cavalry  force  and  some  light 
batteries  as  long  as  possible. 

I  leave  the  manner  of  the  withdrawal  entirely  to 
your  discretion. 

Please  signal  to  the  fleet  when  the  withdrawal 
is  about  completed. 

Report  frequently  to  these  headquarters. 

General  Sumner  was  ordered  up  to  support 
you,  but  will  halt  where  this  passes  him,  and 
will  inform  you  where  he  is. 

GEORGE  B.  MCCLELLAN, 

Major-General. 
General  J.  HOOKER, 

Commanding  at  Malvern  Hill. 

And  the  following  reply  was  sent  to  General 
Halleck : 

HEADQUARTERS  ARMY  OF*  THE  POTOMAC,  )     ; 
BERKELEY,  August  6,  1862—11.80  P.M.  f 

Despatch  of  to-day  received.  I  have  not  quite 
(4000)  four  thousand  cavalry  for  duty  in  cavalry 
division,  so  that  I  cannot  possibly  spare  any 
more. 

I  really  need  many  more  than  I  now  have  to 
carry  out  your  instructions. 

The  enemy  are  moving  a  large  force  on  Malvern 
Hill.  In  view  of  your  despatches,  and  the  fact 
that  I  cannot  place  the  whole  army  in  position 
before  daybreak,  I  have  ordered  Hooker  to  with 
draw  during  the  night  if  it  is  possible;  if  he 
cannot  do  so,  I  must  support  him. 

Until  this  matter  is  developed  I  cannot  send 
any  batteries ;  I  hope  I  can  do  so  to-morrow  if 
transportation  is  on  hand. 

I  will  obey  the  order  as  soon  as  circumstances 
permit.  My  artillery  is  none  too  numerous  now. 
I  have  only  been  able  to  send  off  some  (1200) 


600 


KEBELLION  RECORD,  1862-63. 


one  thousand  two  hundred  sick.     No  transporta 
tion.     There  shall  be  no  delay  that  I  can  avoid. 
GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  TV".  HALLECK, 

Commanding  U.  S.  Army. 

Five  batteries,  with  their  horses  and  equip 
ments  complete,  were  embarked  on  the  seventh 
and  eighth,  simultaneously  with  General  Hook 
er's  operations  upon  Malvern. 

I  despatched  a  cavalry  force  under  Colonel 
Averill  toward  Savage's  Station,  to  ascertain  if 
the  enemy  were  making  any  movements  toward 
our  right  flank. 

He  found  a  rebel  cavalry  regiment  near  the 
White  Oak  swamp  bridge,  and  completely  routed 
it,  pursuing  well  toward  Savage's  Station. 

These  important  preliminary  operations  assist 
ed  my  preparations  for  the  removal  of  the  army 
to  Acquia  Creek ;  and  the  sending  off  our  sick 
and  supplies  was  pushed  both  lay  and  night  as 
rapidly  as  the  means  of  transportation  permitted. 

On  the  subject  of  the  withdrawal  of  the  army 
from  Harrison's  Landing,  the  following  corre 
spondence  passed  between  the  General-in-Chief 
and  myself,  while  the  reconnoissances  toward 
Richmond  were  in  progress. 

On  the  second  of  August  I  received  the  fol 
lowing  : 

WASHINGTON,  August  2, 1862—3.45  P.M. 
You  have  not  answered  my  telegram  of  July 
thirtieth,  eight  P.M.,  about  the  removal  of  your 
sick.  Remove  them  as  rapidly  as  possible,  and 
telegraph  me  when  they  will  be  out  of  your  way. 
The  President  wishes  an  answer  as  early  as  pos 
sible.  H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 
To  which  this  reply  was  sent : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  J 
BERKELEY,  August  3 — 11  P.M.  f 

Your  telegram  of  (2)  second  is  received.  The 
answer  (to  despatch  of  July  thirtieth)  was  sent 
this  morning. 

We  have  about  (12,500)  twelve  thousand  five 
hundred  sick,  of  whom  perhaps  (4000)  four  thou 
sand  might  make  easy  marches.  We  have  here 
the  means  to  transport  (1200)  one  thousand  two 
hundred,  and  will  embark  to-morrow  that  num 
ber  of  the  worst  cases,  with  all  the  means  at  the 
disposal  of  the  Medical  Director  ;  the  remainder 
could  be  shipped  in  from  (7)  seven  to  (10)  ten 
days. 

It  is  impossible  for  me  to  decide  what  cases  to 
send  off,  unless  I  know  what  is  to  be  done  with 
this  army. 

Were  the  disastrous  measures  of  a  retreat 
adopted,  all  the  sick  who  cannot  march  and  fight 
should  be  despatched  by  water. 

Should  the  army  advance,  many  of  the  sick 
could  b«  of  service  at  the  depots.  If  it  is  to  re 
main  he?«  any  length  of  time,  the  question  as 
sumes  still  a  different  phase. 

Until  I  am  informed  what  is  to  be  done,  I  can 
not  act  understandingly  or  for  the  good  of  the 


service.  If  I  am  kept  longer  in  ignorance  of 
what  is  to  be  effected,  I  cannot  be  expected  to 
accomplish  the  object  in  view. 

In  the  mean  time  I  will  do  all  in  my  power  t« 
carry  out  what  I  conceive  to  be  your  wishes. 

GEO.   B.    McCLELLAIi, 
Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  Army,  Washington,  D.  C. 

The  moment  I  received  the  instructions  for  re 
moving  the  sick,  I  at  once  gave  the  necessary  di 
rections  for  carrying  them  out. 

With  the  small  amount  of  transportation  at 
hand,  the  removal  of  the  severe  cases  alone 
would  necessarily  take  several  days,  and,  in  the 
mean  time,  I  desired  information  to  determine 
what  I  should  do  with  the  others. 

The  order  required  me  to  send  them  away  as 
quickly  as  possible,  and  to  notify  the  General-in- 
Chief  when  they  were  removed. 

Previous  to  the  receipt  of  the  despatch  of  the 
second  of  August,  not  having  been  advised  of 
what  the  army  under  my  command  was  expected 
to  do,  or  which  way  it  was  to  move,  if  it  moved 
at  all,  I  sent  the  following  despatch  : 

HEADQUARTERS  ARMY  OF  THK  POTOMAC,  ) 
BERKELEY,  August  3,  1862.  ) 

I  hear  of  sea-steamers  at  Fort  Monroe;  are 
they  for  removing  my  sick  ?  If  so,  to  what  ex 
tent  am  I  required  to  go  in  sending  them  off? 
There  are  not  many  who  need  go. 

As  I  am  not  in  any  way  informed  of  the  in 
tentions  of  the  Government  in  regard  to  this 
army,  I  am  unable  to  judge  what  proportion  of 
the  sick  should  leave  here,  and  must  ask  for  spe 
cific  orders.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army,  Washington. 

If  the  army  was  to  retreat  to  Fort  Monroe,  it 
was  important  that  it  should  be  unencumbered 
with  any  sick,  wounded,  or  other  men  who 
might  at  all  interfere  with  its  mobilit}r ;  but  if 
the  object  was  to  operate  directly  on  Richmond, 
from  the  position  we  then  occupied,  there  were 
many  cases  of  slight  sickness  which  would 
speedily  be  cured,  and  the  patients  returned  to 
duty. 

As  the  service  of  every  man  would  be  import 
ant  in  the  event  of  a  forward  offensive  move 
ment,  I  considered  it  to  be  of  the  utmost  conse 
quence  that  I  should  know  what  was  to  be  done. 
It  was  to  ascertain  this  that  I  sent  the  despatch 
of  eleven  P.M.  on  the  third,  before  receiving  the 
following  telegram : 

WASHINGTON,  August  3, 1862 — 7.45  P.M. 

I  have  waited  most  anxiously  to  learn  the  re 
sult  of  your  forced  reconnoissance  toward  Rich 
mond,  and  also  whether  all  your  sick  have  been 
sent  away,  and  I  can  get  no  answer  to  my  tele 
gram. 

It  is  determined  to  withdraw  your  army  from 
the  Peninsula  to  Acquia  Creek.  You  will  take 
immediate  measures  to  effect  this,  covering  the 
movement  the  best  you  can. 


DOCUMENTS. 


601 


Its  real  object  and  withdrawal  should  be  con 
cealed  even  from  your  own  officers. 

Your  material  and  transportation  should  be 
removed  first.  You  will  assume  control  of  all 
the  means  of  transportation  within  your  reach, 
and  apply  to  the  naval  forces  for  all  the  assist 
ance  they  can  render  you.  You  will  consult 
freely  with  the  commander  of  these  forces.  The 
entire  execution  of  the  movement  is  left  to  your 
discretion  and  judgment. 

You  will  leave  such  forces  as  you  may  deem 
proper  at  Fort  Monroe,  Norfolk,  and  other  places, 
which  we  must  occupy. 

H.  W.  HALLECK, 

Major-General  Commanding  United  States  Army. 

Major-General  GEO.  B.  MCC/LELLAN. 

I  proceeded  to  obey  this  order  with  all  possible 
rapidity,  firmly  impressed,  however,  with  the 
conviction  that  the  withdrawal  of  the  army  of 
the  Potomac  from  Harrison's  Landing,  where  its 
communications  had  by  the  cooperation  of  the 
gunboats  been  rendered  perfectly  secure,  would, 
at  that  time,  have  the  most  disastrous  effect  upon 
our  cause. 

I  did  not,  as  the  commander  of  that  army,  al 
low  the  occasion  to  pass  without  distinctly  set 
ting  forth  my  views  upon  the  subject  to  the  au 
thorities  in  the  following  telegram : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
BERKELEY,  August  4,  1862—12  M.        f 

Your  telegram  of  last  evening  is  received.  I 
must  confess  that  it  has  caused  me  the  greatest 
pain  I  ever  experienced,  for  I  am  convinced  that 
the  order  to  withdraw  this  army  to  Acquia  Creek 
will  prove  disastrous  to  our  cause.  I  fear  it  will 
be  a  fatal  blow.  Several  days  are  necessary  to 
complete  the  preparations  for  so  important  a 
movement  as  this,  and  while  they  are  in  prog 
ress,  I  beg  that  careful  consideration  may  be 
given  to  my  statements. 

This  army  is  now  in  excellent  discipline  and 
condition.  We  hold  a  debouche  on  both  banks 
of  the  James  River,  so  that  we  are  free  to  act  in 
any  direction  ;  and  with  the  assistance  of  the 
gunboats,  I  consider  our  communications  as  now 
secure. 

We  are  twenty -five  (25)  miles  from  Richmond, 
and  are  not  likely  to  meet  the  enemy  in  force 
sufficient  to  fight  a  battle  until  we  have  marched 
fifteen  (15)  to  eighteen  (18)  miles,  which  brings 
us  practically  within  ten  (10)  miles  of  Richmond. 
Our  longest  line  of  land  transportation  would  be 
from  this  point  twenty-five  (25)  miles,  but  with 
the  aid  of  the  gunboats  we  can  supply  the  army 
by  water  during  its  advance,  certainly  to  within 
twelve  (12)  miles  of  Richmond. 

At  Acquia  Creek  we  would  be  seventy-five  (75) 
miles  from  Richmond,  with  land  transportation 
all  the  way. 

From  here  to  Fort  Monroe  is  a  march  of  about 
seventy  (70)  miles,  for  I  regard  it  as  impractica 
ble  to  withdraw  this  army  and  its  material,  ex 
cept  by  land. 

The  result  of  the  movement  would  thus  be  a 
march  of  one  hundred  and  forty-five  (145)  miles 


to  reach  a  point  now  only  twenty-five  (25)  miles 
distant,  and  to  deprive  ourselves  entirely  of  the 
powerful  aid  of  the  gunboats  and  water  trans 
portation. 

Add  to  this  the  certain  demoralization  of  this 
army  which  would  ensue,  the  terribly  depressing 
effect  upon  the  people  of  the  North,  and  the 
strong  probability  that  it  would  influence  foreign 
powers  to  recognize  our  adversaries ;  and  these 
appear  to  me  sufficient  reasons  to  make  it  my 
imperative  duty  to  urge  in  the  strongest  terms 
afforded  by  our  language  that  this  order  may  be 
rescinded,  and  that  far  from  recalling  this  army, 
it  may  be  promptly  reenforced  to  enable  it  to 
resume  the  offensive. 

It  may  be  said  that  there  are  no  reenforce- 
ments  available.  I  point  to  Burnside's  force  ;  to 
that  of  Pope,  not  necessary  to  maintain  a  strict 
defensive  in  front  of  Washington  and  Harper's 
Ferry ;  to  those  portions  of  the  army  of  the  West 
not  required  for  a  strict  defensive  there.  Here, 
directly  in  front  of  this  army,  is  the  heart  of  the 
rebellion  ;  it  is  here  that  all  our  resources  should 
be  collected  to  strike  the  blow  which  will  deter 
mine  the  fate  of  the  nation. 

All  points  of  secondary  importance  elsewhere 
should  be  abandoned,  and  every  available  man 
brought  here ;  a  decided  victory  here,  and  the 
military  strength  of  the  rebellion  is  crushed.  It 
matters  not  what  partial  reverses  we  may  meet 
with  elsewhere ;  here  is  the  true  defence  of 
Washington;  it  is  here,  on  the  banks  of  the 
James,  that  the  fate  of  the  Union  should  be  de 
cided. 

Clear  in  my  convictions  of  right,  strong  in  the 
consciousness  that  I  have  ever  been,  and  still 
am,  actuated  solely  by  the  love  of  my  country, 
"  nowing  that  no  ambitious  or  selfish  motives 
lave  influenced  me  from  the  commencement  of 
:his  war,  I  do  now,  what  I  never  did  in  my  life 
Before,  I  entreat  that  this  order  may  be  rescinded. 

If  my  counsel  does  not  prevail,  I  will  with  a 
sad  heart  obey  your  orders  to  the  utmost  of  my 
jower,  directing  to  the  movement,  which  I 
clearly  foresee  will  be  one  of  the  utmost  delicacy 
and  difficulty,  whatever  skill  I  may  possess. 
Whatever  the  result  may  be  —  and  may  God 
grant  that  I  am  mistaken  in  my  forebodings — I 
shall  at  least  have  the  internal  satisfaction  that 
[  have  written  and  spoken  frankly,  and  have 
sought  to  do  the  best  in  my  power  to  avert  dis 
aster  from  my  country.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

Soon  after  sending  this  telegram,  I  received  th« 
'ollowing,  in  reply  to  mine  of  eleven  P.M.  of  th« 
,hird. 

WASHINGTON,  August  4, 1862—12.45  P.M. 

My  telegram  to  you  of  yesterday  will  satisfy 
you  in  regard  to  future  operations  ;  it  was  ex 
acted  that  you  would  have  sent  off  your  sick, 
as  directed,  without  waiting  to  know  what  were 
or  would  be  the  intentions  of  the  Government  re 
specting  future  movements. 

The   President  expects  that  the  instructions 


602 


REBELLION  RECORD,  1862-63. 


which  were  sent  you  yesterday,  with  his  approv 
al,  will  be  carried  out  with  all  possible  despatch 
and  caution.  The  Quartermaster-General  is 
sending  to  Fort  Monroe  all  the  transportation  he 
can  collect  H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 
To  which  the  following  is  my  reply : 

HEADQUARTERS  ARMT  or  THB  POTOMAC,  I 
BKRKKLKT,  August  5,  1862 — 7  A.M.      J 

Your  telegram  of  yesterday  received,  and  is 
being  carried  out  as  promptly  as  possible.  With 
the  means  at  my  command,  no  human  power 
could  have  moved  the  sick  in  the  time  you  say 
you  expected  them  to  be  moved. 

GEO.  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

My  efforts  for  bringing  about  a  change  of  poli 
cy  were  unsuccessful,  as  will  be  seen  from  the 
following  telegram  and  letter  received  by  me  in 
reply  to  mine  of  twelve  M.  of  the  fourth  : 

WASHINGTON,  August  5, 1862—12  M. 

You  cannot  regret  the  order  of  the  withdrawal 
more  than  I  did  the  necessity  of  giving  it.  It 
will  not  be  rescinded,  and  you  will  be  expected 
to  execute  it  with  all  possible  promptness.  It  is 
believed  that  it  can  be  done  now  without  serious 
danger.  This  may  not  be  so  if  there  should  be 
any  delay.  I  will  write  you  my  views  more 
fully  by  mail.  H.  W.  HALLECK, 

Major-General  Commanding  United  States  Army. 

Major-General  G.  B.  MCCLELLAN, 
The  letter  was  as  follows  : 

HEADQUARTERS  OF  THE  ARMT,      | 
WASHINGTON,  August  6,  1862.  j 

GENERAL  :  Your  telegram  of  yesterday  was  re 
ceived  this  morning,  and  I  immediately  tele 
graphed  a  brief  reply,  promising  to  write  you 
more  fully  by  mail. 

You,  General,  certainly  could  not  have  been 
more  pained  at  receiving  my  order  than  I  was  at 
the  necessity  of  issuing  it.  I  was  advised  by 
high  officers,  in  whose  judgment  I  had  great  con 
fidence,  to  make  the  order  immediately  on  my 
arrival  here,  but  I  determined  not  to  do  so  until 
I  could  learn  your  wishes  from  a  personal  inter 
view.  And  even  after  that  interview  I  tried 
every  m«ans  in  my  power  to  avoid  withdrawing 
your  army,  and  delayed  my  decision  as  long  as  I 
dared  to  delay  it. 

I  assure  you,  General,  it  was  not  a  hasty  and 
inconsiderate  act,  but  one  that  caused  me  more 
anxious  thoughts  than  any  other  of  my  life. 
But  after  full  and  mature  consideration  of  all  the 
pros  and  cons,  I  was  reluctantly  forced  to  the 
conclusion  that  the  order  must  be  issued — there 
was  to  my  mind  no  alternative. 

Allow  me  to  allude  to  a  few  of  the  facts  in  the 
case. 

You  and  your  officers  at  our  interview  esti 
mated  the  enemy's  forces  in  and  around  Rich 


mond  at  two  hundred  thousand  men.  Since 
then,  you  and  others  report  that  they  have  re 
ceived  and  are  receiving  large  reinforcements 
from  the  South.  General  Pope's  army,  covering 
Washington,  is  only  about  forty  thousand.  Your 
effective  force  is  only  about  ninety  thousand. 
You  are  thirty  miles  from  Richmond,  and  Gene 
ral  Pope  eighty  or  ninety,  with  the  enemy  di 
rectly  between  you  ready  to.  fall  with  his  supe 
rior  numbers  upon  one  or  the  other  as  he  may 
elect ;  neither  can  reenforce  the  other  in  case  of 
such  an  attack. 

If  General  Pope's  army  be  diminished  to  re- 
enforce  you,  Washington,  Maryland,  and  Penn 
sylvania  would  be  left  uncovered  and  exposed. 
If  your  force  be  reduced  to  strengthen  Pope,  you 
would  be  too  weak  to  even  hold  the  position  you 
now  occupy,  should  the  enemy  turn  round  and 
attack  you  in  full  force.  In  other  words,  the  old 
army  of  the  Potomac  is  split  into  two  parts,  with 
the  entire  force  of  the  enemy  directly  between 
them.  They  cannot  be  united  by  land  without 
exposing  both  to  destruction,  and  yet  they  must 
be  united.  To  send  Pope's  forces  by  water  to 
the  Peninsula  is,  under  present  circumstances,  a 
military  impossibility.  The  only  alternative  is 
to  send  the  forces  on  the  Peninsula  to  some  point 
by  water,  say  Fredericksburgh,  where  the  two 
armies  can  be  united. 

Let  me  now  allude  to  some  of  the  objections 
which  you  have  urged :  you  say  that  the  with 
drawal  from  the  present  position  will  cause  the 
certain  demoralization  of  the  army  4  which  is  now 
in  excellent  discipline  and  condition.' 

I  cannot  understand  why  a  simple  change  of 
position  to  a  new  and  by  no  means  distant  base 
will  demoralize  an  army  in  excellent  discipline, 
unless  the  officers  themselves  assist  in  that  de 
moralization,  which  I  am  satisfied  they  will  not. 

Your  change  of  front  from  your  extreme  right 
at  Hanover  Court-House  to  your  present  condi 
tion  was  over  thirty  miles,  but  I  have  not  heard 
that  it  demoralized  your  troops,  notwithstanding 
the  severe  losses  they  sustained  in  effecting  it. 

A  new  base  on  the  Rappahannock  at  Frede 
ricksburgh  brings  you  within  about  sixty  miles 
of  Richmond,  and  secures  a  reenforcement  of 
forty  or  fifty  thousand  fresh  and  disciplined 
troops. 

The  change  with  such  advantages  will,  I  thinly 
if  properly  represented  to  your  army,  encourage 
rather  than  demoralize  your  troops.  Moreover, 
you  yourself  suggested  that  a  junction  might  be 
effected  at  Yorktown,  but  that  a  flank  march 
across  the  isthmus  would  be  more  hazardous 
than  to  retire  to  Fort  Monroe. 

You  will  remember  that  Yorktown  is  two  or 
three  miles  further  than  Fredericksburgh  is.  Be 
sides,  the  latter  is  between  Richmond  and  Wash 
ington,  and  covers  Washington  from  any  attack 
of  the  enemy. 

The  political  effect  of  the  withdrawal  may  at 
first  be  unfavorable ;  but  I  think  the  public  are 
beginning  to  understand  its  necessity,  and  that 
they  will  have  much  more  confidence  in  a  united 
army  than  in  its  separated  fragments. 


DOCUMENTS. 


003 


But  you  will  reply,  why  not  reenforce  me  here 
BO  that  I  can  strike  Richmond  from  my  presen 
position  ?     To  do  this,  you  said,  at  our  interview 
that    you   required   thirty   thousand   additiona 
troops.     I  told  you  that  it  was  impossible  to  give 
you  so  many.     You  finally  thought  you  would 
have  'some  chance'  of  success  with  twenty  thou 
sand.      But  you  afterward  telegraphed  me  tha 
you  would  require  thirty-five  thousand,  as  th< 
enemy  was  being  largely  reenforced. 

If  your  estimate  of  the  enemy's  strength  was 
correct,  your  requisition  was  perfectly  reasonable 
but  it  was  utterly  impossible  to  fill  it  until  new 
troops  could  be  enlisted  and  organized,   which 
would  require  several  weeks. 

To  keep  your  army  in  its  present  position  unti 
it  could  be  so  reenforced  would  almost  destroy  i 
in  that  climate. 

The  months  of  August  and  September  are  al 
most  fatal  to  whites  who  live  on  that  part  o 
James  River ;  and  even  after  you  received  the  re- 
enforcements  asked  for,  you  admitted  that  you 
must  reduce  Fort  Darling  and  the  river-batteries 
before  you  could  advance  on  Richmond. 

It  is  by  no  means  certain  that  the  reduction  ol 
these  fortifications  would  not  require  considera 
ble  time — perhaps  as  much  as  those  at  Yorktown. 
This  delay  might  not  only  be  fatal  to  the  health 
of  your  army,  but  in  the  mean  time  General 
Pope's  forces  would  be  exposed  to  the  heavy 
blows  of  the  enemy  without  the  slightest  hope 
of  assistance  from  you. 

In  regard  to  the  demoralizing  effect  of  a  with 
drawal  from  the  Peninsula  to  the  Rappahannock, 
I  must  remark  that  a  large  number  of  your  high 
est  officers,  indeed  a  majority  of  those  whose 
opinions  have  been  reported  to  me,  are  decidedly 
in  favor  of  the  movement.  Even  several  of  those 
who  originally  advocated  the  line  of  the  Peninsula 
now  advise  its  abandonment. 

I  have  not  inquired,  and  do  not  wish  to  know, 
by  whose  advice  or  for  what  reasons  the  army  of 
the  Potomac  was  separated  into  two  parts  with 
the  enemy  between  them.  I  must  take  things  as 
I  find  them. 

I  find  the  forces  divided,  and  I  wish  to  unite 
them.  Only  one  feasible  plan  has  been  presented 
for  doing  this.  If  you,  or  any  one  else,  had  pre 
sented  a  better  plan,  I  certainly  should  have 
adopted  it.  But  all  of  your  plans  require  reen- 
forcements  which  it  is  impossible  to  give  you. 
It  is  very  easy  to  ask  for  reinforcements,  but  it 
is  not  so  easy  to  give  them  when  you  have  no 
disposable  troops  at  your  command. 

I  have  written  very  plainly  as  I  understand  the 
case,  and  I  hope  you  will  give  me  credit  for  hav 
ing  fully  considered  the  matter,  although  I  may 
hav^  arrived  at  very  different  conclusions  from 
your  own. 

Very  respectfully,  your  obedient  servant, 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  G.  B.  MCCLELLAN, 

Commanding,  etc.,  Berkeley,  Virginia. 

On  the  seventh  I  received  the  following  tele 
gram  : 


WASHIHGTOW,  August  7, 1862—10  A.M. 
You  will  immediately  report  the  number  of  sick 
sent  off  since  you  received  my  order,  the  num 
ber  still  to  be  shipped,  and  the  amount  of  trans 
portation  at  your  disposal — that  is,  the  number 
of  persons  that  can  be  carried  on  all  the  vessels 
which  by  my  order  you  were  authorized  to  con 
trol.  H.  W.  HALLECK, 

Major-GeneraL 

Major-General  G.  B.  MCCLELLAN. 
To  which  I  made«this  reply : 

HEADQUARTERS  ARMY  or  THE  POTOMAC,     ) 
August  7,  1862—10.40  P.M.  J 

In  reply  to  your  despatch  often  A.M.  to-day,  I 
report  the  number  of  sick  sent  off  since  I  received 
your  order  as  follows :  Three  thousand  seven 
hundred  and  forty,  including  some  that  are  em 
barked  to-night  and  will  leave  in  the  morning. 
The  number  still  to  be  shipped  is,  as  nearly  as 
can  be  ascertained,  five  thousand  seven  hundred. 
The  embarkation  of  five  batteries  of  artillery, 
with  their  horses,  wagons,  etc.,  required  most  of 
our  available  boats  except  the  ferry-boats.  All 
the  transports  that  can  ascend  to  this  place  have 
been  ordered  up ;  they  will  be  here  to-morrow 
evening.  Colonel  Ingalls  reports  to  me  that  there 
are  no  transports  now  available  for  cavalry,  and 
will  not  be  for  two  or  three  days.  As  soon  as 
they  can  be  obtained  I  shall  send  off  the  First 
New-York  cavalry. 

After  the  transports  with  sick  and  wounded 
have  returned,  including  some  heavy-draught 
steamers  at  Fort  Monroe  that  cannot  come  to  this 
point,  we  can  transport  twenty-five  thousand  men 
at  a  time.  We  have  some  propellers  here,  but 
hey  are  laden  with  commissary  supplies  and  are 
not  available. 

The  transports  now  employed  in  transporting 
sick  and  wounded  will  carry  twelve  thousand 
well  infantry  soldiers.  Those  at  Fort  Monroe, 
and  of  too  heavy  draught  to  come  here,  will  carry 
eight  thousand  or  ten  thousand  infantry.  Several 
f  the  largest  steamers  have  been  used  for  trans- 
>orting  prisoners  of  war,  and  have  only  become 
ivailable  for  the  sick  to-day. 

GEORGE  B.  MCCLELLAN, 

Major-G-enerai. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

The  report  of  my  Chief  Quartermaster  upon  the 
ubject  is  as  follows  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
OFFICE  OF  CHIEF  QUARTERMASTER,  HARRISON'S  LAHDIWO,  V 
August  7,  1862.      ) 

GENERAL  :  I  have  the  honor  to  return  the  pa 
pers  herewith  which  you  sent  me,  with  the  fol- 
owing  remarks  : 

We  are  embarking  five  batteries  of  artillery, 
with  their  horses,  baggage,  etc.,  which  requires 
he  detailing  of  most  of  our  available  boats,  ex 
cept  the  ferry-boats.      The  medical  department 
las  ten  or  twelve  of  our  largest  transport  vessels, 
which,  if  disposable,   could  carry  twelve   thou 
sand  men.    Besides,  there  are  some  heavy-draught 
teamers  at  Fort  Monroe  that  cannot  come  to  this 


604 


REBELLION  RECORD,  1862-68. 


point,  but  which  can  carry  eight  thousand  or  ten 
thousand  infantry. 

I  have  ordered  all  up  here  that  can  ascend  to 
this  depot.  They  will  be  here  to-morrow  even 
ing.  As  it  now  is,  after  the  details  already  made, 
we  cannot  transport  from  this  place  more  than 
five  thousand  infantry. 

There  are  no  transports  now  available  for  cav 
alry.  From  and  after  to-morrow,  if  the  vessels 
arrive,  I  could  transport  ten  thousand  infantry. 
In  two  or  three  days  a  regiment  of  cavalry  can 
be  sent  if  required.  If  you  wait,  and  ship  from 
Yorktown  or  Fort  Monroe  after  the  sick  and 
wounded  transports  are  at  my  disposal,  we  can 
transport  twenty-five  thousand  at  a  time.  The 
number  that  can  be  transported  is  contingent  on 
circumstances  referred  to. 

Most  of  the  propellers  here  are  laden  with 
commissary  or  other  supplies,  and  most  of  the 
tugs  are  necessary  to  tow  off  sail  craft  also  laden 
with  supplies. 

I  am,  very  respectfully,  your  most  obedient 
servant,  RUFUS  INGALLS, 

General   R.  B.  MARCY,  Chief  Quartermaster. 

Chief  of  Staff. 

On  the  ninth  I  received  this  despatch ; 

WASHIXGTOX,  August  9, 1862—12.45  P.M. 

I  am  of  the  opinion  that  the  enemy  is  massing 
his  ibrces  in  front  of  Generals  Pope  and  Burn- 
side,  and  that  he  expects  to  crush  them  and  move 
forward  to  the  Potomac. 

You  TIHI.<I  send  reinforcements  instantly  to 
Acquia  Creek. 

Considering  the  amount  of  transportation  at 

?3ur   disposal,  your   delay   is   not   satisfactory, 
ou  must  move  with  all  possible  celerity. 

H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 
To  which  I  sent  the  following  reply: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
BERKELEY,  August  10,  1862—8  A.M.      J 

Telegram  of  yesterday  received.  The  batteries 
sent  to  Burnside  took  the  last  available  transport 
yesterday  morning.  Enough  have  since  arrived 
to  ship  one  regiment  of  cavalry  to-day.  The  sick 
are  being  embarked  as  rapidly  as  possible.  There 
has  been  no  unnecessary  delay,  as  you  assert — 
not  an  hour's — but  every  thing  has  been  and  is 
being  pushed  as  rapidly  as  possible  to  carry  out 
your  orders.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

The  following  report,  made  on  the  same  da}' 
by  the  officer  men  in  charge  of  the  transports, 
exposes  the  injustice  of  the  remark  in  the  des 
patch  of  the  General-in-Chief,  that,  "  considering 
the  amount  of  transportation  at  your  disposal 
your  delay  is  not  satisfactory." 

ASSISTANT  QUARTERMASTER'S  OFFICE,  ) 

ARMY  OF  THE  POTOMAC,         V 

HARRISON'S  LANDING,  VA.,  August  10,  1862.      ) 

Colonel  Ingalls,  being  himself  ill,  has  requested 
me  to  telegraph  to  you  concerning  the  state  and 


capacity  of  the  transports  now  here.  On  th« 
night  of  the  eighth  I  despatched  eleven  steamers, 
principally  small  ones,  and  six  schooners,  with 
five  batteries  of  heavy  horse  artillery,  none  of 
which  have  yet  returned. 

Requisition  is  made  this  morning  for  transpor 
tation  of  one  thousand  cavalry  to  Acquia  Creek. 
All  the  schooners  that  had  been  chartered  for 
carrying  horses  have  been  long  since  discharged, 
or  changed  into  freight  vessels. 

A  large  proportion  of  the  steamers  now  here 
are  still  loaded  with  stores,  or  are  in  the  floating 
hospital  service  engaged  in  removing  the  sick. 
To  transport  the  one  thousand  cavalry  to-day 
will  take  all  the  available  steamers  now  here  not 
engaged  in  the  service  of  the  harbor.  These  steam 
ers  could  take  a  large  number  of  infantry,  but  are 
not  well  adapted  to  the  carrying  of  horses,  and 
much  space  is  thus  lost.  Several  steamers  are 
expected  here  to-day,  and  we  are  unloading 
schooners  rapidly  ;  most  of  these  are  not  charter 
ed,  but  are  being  taken  for  the  service  required, 
at  same  rates  of  pay  as  other  chartered  schooners. 
If  you  could  cause  a  more  speedy  return  of  the 
steamers  sent  away  from  here,  it  would  facilitate 
matters.  C.  G.  SAWTELLE, 

Captain  and  Assistant  Quartermaster,  Commanding  Depot. 

General  M.  C.  MEIOS, 

Quartermaster  General  United  States  Army,  Washington. 

Our  wharf  facilities  at  Harrison's  Landing  were 
very  limited,  admitting  but  few  vessels  at  one 
time.  These  were  continually  in  use  as  long  as 
there  were  disposable  vessels,  and  the  officers  of 
the  medical  and  quartermaster's  departments, 
with  all  their  available  forces,  were  incessantly 
occupied  day  and  night  in  embarking  and  send 
ing  off  the  sick  men,  troops,  and  material. 

Notwithstanding  the  repeated  representations 
I  made  to  the  General  in-Chief  that  such  were 
the  facts,  on  the  tenth  I  received  the  following  : 

WASHINGTON,  August  10, 1862—12  P.M. 
The  enemy  is  crossing  the  Rapidan   in  large 
force.     They  are  fighting  General  Pope  to-day ; 
there  must  be  no  further  delay  in  your  move 
ments  ;  that  which  has  already  occurred  was  en 
tirely  unexpected,  and  must  be  satisfactorily  ex 
plained.     Let  not  a  moment's  time  be  lost,  and 
telegraph  me  daily  what  progress  you  have  made 
in  executing  the  order  to  transfer  your  troops. 
H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 
To  which  I  sent  this  reply : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC  | 
BERKELEY,  August  10,  1862—11.30  P.M.     '  f 

Your  despatch  of  to-day  is  received.  I  assure 
you  again  that  there  has  not  been  any  unneces 
sary  delay  in  carrying  out  your  orders. 

You  are  probably  laboring  under  some  great 
mistake  as  to  the  amount  of  transportation  avail- 
ble  here. 

I  have  pushed  matters  to  the  utmost  in  getting 
off  our  sick,  and  the  troops  you  ordereu  to  Burn- 
side. 

Colonel  Ingalls  has  more  than  once  informed 


DOCUMENTS. 


605 


the  Quartermaster  General  of  the  condition  of 
our  water  transportation.  From  the  fact  that  you 
directed  me  to  keep  the  order  secret,  I  took  it  for 
granted  that  you  would  take  the  steps  necessary 
to  provide  the  requisite  transportation. 

A  large  number  of  transports  for  all  arms  of 
service,  and  for  wagons,  should  at  once  be  sent 
to  Yorktown  and  Fort  Monroe. 

I  shall  be  ready  to  move  the  whole  army  by 
land  the  moment  the  sick  are  disposed  of.  You 
may  be  sure  that  not  an  hour's  delay  will  occur 
that  can  be  avoided.  I  fear  you  do  not  realize 
the  difficulty  of  the  operation  proposed. 

The  regiment  of  cavalry  for  Burnside  has  been 
in  course  of  embarkation  to-day  and  to-night ;  (10) 
ten  steamers  were  required  for  the  purpose; 
(1258)  one  thousand  two  hundred  and  fifty-eight 
sick  loaded  to-day  and  to-night. 

Our  means  exhausted,  except  one  vessel  re 
turning  to  Fort  Monroe  in  the  morning,  which 
will  take  some  (500)  five  hundred  cases  of  slight 
sickness. 

The  present  moment  is  probably  not  the  proper 
one  for  me  to  refer  to  the  unnecessary,  harsh,  and 
unjust  tone  of  your  telegrams  of  late.  It  will, 
however,  make  no  difference  to  my  official  action. 

G.   B.   McCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK. 

Commanding  United  States  Army. 

On  the  eleventh  this  report  was  made : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  1 
BERKELEY,  August  11,  1862—11.30  P.M.      f 

The  embarkation  of  (850)  eight  hundred  and 
fifty  cavalry,  and  (1)  one  brigade  of  infantry  will 
be  completed  by  (2)  two  o'clock  in  the  morning ; 
(500)  five  hundred  sick  were  embarked  to-day. 
Another  vessel  arrived  to-night,  and  (600)  six 
hundred  more  sick  are  now  being  embarked.  I 
still  have  some  (4000)  four  thousand  sick  to  dis 
pose  of.  You  have  been  greatly  misled  as  to  the 
amount  of  transportation  at  my  disposal. 

Vessels  loaded  to  their  utmost  capacity  with 
stores,  and  others  indispensable  for  service  here, 
have  been  reported  to  you  as  available  for  carry 
ing  sick  and  well.  I  am  sending  off  all  that  can 
be  unloaded  at  Fort  Monroe  to  have  them  return 
here.  I  repeat  that  I  have  lost  no  time  in  carry 
ing  out  your  orders.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

On  the  same  day  I  received  the  following  from 
the  Quartermaster  in  charge  of  the  depot : 

ASSISTANT  QUARTERMASTER'S  OFFICE, 

ARMY  OF  THE  POTOMAC, 
HARRISON'S  LANDING,  August  11 

COLONEL  :  In  reply  to  the  communication  from 
General  Marcy,  which  was  referred  to  me  by  you, 
I  have  to  state  that  there  are  now  in  this  harbor 
no  disposable  transports  not  already  detailed, 
either  for  the  use  of  the  hospital  department, 
for  the  transportation  of  the  First  New- York 
cavalry,  or  for  the  necessary  service  of  the  har 
bor.  I  think  the  steamers  loading  and  to  be 

SUP.  Doc.  39 


FICB,        1 
LC,  }- 

L,  1862.  ) 


loaded  with  cavalry  could  take  in  addition  threa 
thousand  infantry.  These  boats  are,  however, 
directed  to  leave  as  fast  as  they  are  loaded; 
some  have  already  started.  The  embarkation  of 
this  cavalry  regiment  is  going  on  very  slowly, 
and  it  is  not  in  my  power  to  hurry  the  matter, 
although  I  have  had  several  agents  of  the  depart 
ment  and  one  commissioned  officer  at  the  wharf, 
to  render  all  the  assistance  possible.  The  entire 
army  is  this  morning  turning  in,  to  be  stored  on 
vessels,  knapsacks,  officers'  baggage,  and  other 
surplus  property,  and  with  our  limited  wharf 
facilities  it  is  impossible,  unless  the  regular  is 
sues  of  forage,  etc.,  are  suspended,  to  avoid  great 
confusion  and  delay  with  what  is  already  order 
ed  to  be  done.  Of  course,  if  any  infantry  is  or 
dered  to  embark  on  these  cavalry  transports,  the 
confusion  and  difficulties  will  be  increased. 

I  know  of  no  boats  that  may  be  expected  here 
to  day,  except  the  South  America  and  Fanny 
Cadwallader,  a  propeller  which  was  ordered  to 
be  sent  back  from  Fort  Monroe. 

The  transports  with  the  artillery  left  for  Acquia 
Creek  on  the  night  of  the  eighth  and  the  morn 
ing  of  the  ninth.  They  were  ordered  to  return 
immediately. 

I  am,  very  respectfully,  your  obedient  servant, 
C.  G.  SAWTELLE, 

Captain  and  A.  Q.  M.,  Commanding  Depot. 

Lieutenant-Colonel  RUFUS  INGALLS, 

A.  I).  C.  and  Chief  Quartermaster,  Army  of  the  Potomac 

On  the  twelfth  I  received  the  following : 

WASHINGTON,  August  12,  1862 — 12  M. 

The  Quartermaster-General  informs  me  that 
nearly  every  available  steam  vessel  in  the  coun 
try  is  now  under  your  control.  To  send  more 
from  Philadelphia,  Baltimore,  and  New- York, 
would  interfere  with  the  transportation  of  army 
supplies  and  break  up  the  channels  of  travel  bj 
which  we  are  to  bring  forward  the  new  troops. 
Burnside  moved  nearly  thirteen  thousand  (13,000) 
troops  to  Acquia  Creek  in  less  than  two  (2)  days, 
and  his  transports  were  immediately  sent  back  to 
you.  All  vessels  in  the  James  River  and  the 
Chesapeake  Bay  were  placed  at  your  disposal, 
and  it  was  supposed  that  (8)  eight  or  (10)  ten 
thousand  of  your  men  could  be  transported  daily. 

In  addition  to  steamers,  there  is  a  large  fleet 
of  sailing  vessels  which  could  be  used  as  trans 
ports. 

The  bulk  of  your  material  on  shore  it  was 
thought  could  be  sent  to  Fort  Monroe,  covered 
by  that  part  of  the  army  which  could  not  get 
water  transportation.  Such  were  the  views  of 
the  Government  here ;  perhaps  we  were  misin 
formed  as  to  the  facts.  If  so,  the  delay  could  be 
explained.  Nothing  in  my  telegram  was  inten 
tionally  harsh  or  unjust,  but  the  delay  was  so 
unexpected  that  an  explanation  was  required. 
There  has  been,  and  is,  the  most  urgent  neces 
sity  for  despatch,  and  not  a  single  moment  must 
be  lost  in  getting  additional  troops  in  front  of 
Washington.  H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 


•06 


REBELLION  RECORD,  1862-63. 


I  telegraphed  the  following  reply  : 

HEADQUARTERS  ARMT  or  THB  POTOMAC,  J 
BERKELEY,  August  12,  1862—11  P.M.  j 

Your  despatch  of  noon  to  day  received.  It  is 
positively  the  fact  that  no  more  men  could  have 
been  embarked  hence  than  have  gone,  and  that 
no  unnecessary  delay  has  occurred.  Before  your 
orders  were  received,  Colonel  Ingalls  directed  all 
avai'able  vessels  to  come  from  Monroe.  Officers 
have  been  sent  to  take  personal  direction.  Have 
heard  nothing  here  of  Burnside's  fleet. 

There  are  some  vessels  at  Monroe,  such  as 
Atlantic  and  Baltic,  which  draw  too  much  to 
come  here.  Hospital  accommodations  exhausted 
this  side  New-York.  Propose  filling  Atlantic 
and  Baltic  with  serious  cases,  for  New- York,  and 
to  encamp  slight  cases  for  the  present  at  Monroe. 
In  this  way  can  probably  get  off  the  (3400) 
three  thousand  four  hundred  sick,  still  on  hand, 
by  day  after  to-morrow  night. 

I  am  sure  that  you  have  been  misinformed  as 
to  the  availability  of  vessels  on  hand.  We  can 
not  use  heavily  loaded  supply  vessels  for  troops 
or  animals  ;  and  such  constitute  the  mass  of 
those  here,  which  have  been  represented  to  you 
as  capable  of  transporting  this  army. 

I  fear  you  will  find  very  great  delay  in  embark 
ing  troops  and  material  at  Yorktown  and  Mon 
roe,  both  from  want  of  vessels  and  of  facilities  of 
embarkation ;  at  least  two  additional  wharves 
should  at  once  be  built  at  each  place.  I  ordered 
two  at  the  latter  some  (2)  two  weeks  ago,  but  you 
countermanded  the  order. 

I  learn  that  wharf  accommodations  at  Acquia 
are  altogether  inadequate  fo/  landing  troops  and 
supplies  to  any  large  extent  Not  an  hour  should 
be  lost  in  remedying  this. 

Great  delay  will  ensue  there  from  shallow 
water.  You  will  find  a  vast  deficiency  in  horse 
transports.  We  had  nearly  two  hundred  when 
we  came  here ;  I  learn  of  only  (20)  twenty  provid 
ed  now;  they  carry  about  (50)  fifty  horses 
each.  More  hospital  accommodations  should  be 
provided.  We  are  much  impeded  here  because 
our  wharves  are  used  night  and  day  to  land  cur 
rent  supplies.  At  Monroe  a  similar  difficulty 
Vfi\\  occur. 

With  all  the  facilities  at  Alexandria  and  Wash 
ington,  (6)  six  weeks  about  were  occupied  in  em 
barking  this  army  and  its  material. 

Burnside's  troops  are  not  a  fair  criterion  for 
rate  of  embarkation.  All  his  means  were  in 
hand,  his  outfit  specially  prepared  for  the  pur 
pose,  and  his  men  habituated  to  the  movement. 

There  shall  be  no  unnecessary  delay,  but  I 
cannot  manufacture  vessels.  I  state  these  diffi 
culties  from  experience,  and  because  it  appears 
to  me  that  we  have  been  lately  working  at  cross 
purposes,  because  you  have  not  been  properly 
informed  by  those  around  you,  who  ought  to 
know  the  inherent  difficulties  of  such  an  under 
taking.  It  is  not  possible  for  any  one  to  place 
this  army  where  you  wish  it,  ready  to  move,  in 
less  than  a  month. 

If  Washington  is  in  danger  now,  this  army- 
can  scarcely  arrive  in  time  to  save  it ;  it  is  in 


much  better  position  to  do  so  from  here  than  from 
Acquia. 

Our  material  can  only  be  saved  by  using  the 
whole  army  to  cover  it,  if  we  are  pressed.  If 
sensibly  weakened  by  detachments,  the  result 
might  be  the  loss  of  much  material  and  many 
men.  I  will  be  at  the  telegraph  office  to-morrow 
morning.  G.  B.  MCCLELLAN, 

Major-Gener»L 

Major-Gen.  H.  W.  HALLECK,  Washington,  D.  C. 

To  the  reasons  given  in  the  foregoing  despatch, 
to  show  why  General  Burnside's  movement  from. 
Fort  Monroe  was  not  a  fair  criterion  for  our  op 
erations,  the  following  may  be  added  : 

He  was  not  encumbered  by  either  sick  or 
wounded  men. 

He  had  no  cavalry,  artillery,  wagons,  or  teams. 
His  force  consisted  of  infantry  alone,  with  a  few 
ambulances  and  officers'  horses, 

His  baggage  was  already  on  the  transports, 
where  it  had  remained  since  his  arrival  from 
North-Carolina,  and  his  men  had  only  to  resume 
their  places  on  board. 

The  cavalry  and  artillery  mentioned  in  my  des 
patches  of  the  seventh,  tenth,  and  eleventh,  were 
sent  to  supply  his  total  deficiency  in  those  arms. 

I  may  also  repeat  that  the  vessels  used  by 
General  Burnside  had  not  returned  from  Acquia 
Cieek  when  the  army  left  Harrison's  Bar. 

It  will  be  seen  by  the  concluding  paragraph  of 
the  foregoing  despatch  that  in  order  to  have  a 
more  direct,  speedy,  and  full  explanation  of  tht 
condition  of  affairs  in  the  army  than  I  could  by 
sending  a  single  despatch  by  steamer  to  the  near 
est  telegraph  office  at  Jamestown  Island,  somo 
seventy  miles  distant,  and  waiting  ten  hours  for 
a  reply,  I  proposed  to  go  in  person  to  the  office. 
This  I  did. 

On  my  arrival  at  Jamestown  Island  there  was 
an  interruption  in  the  electric  current,  which  ren 
dered  it  necessary  for  me  to  continue  on  to  Fort 
Monroe,  and  across  the  Chesapeake  Bay  to  Cher 
ry  Stone  Inlet,  on  the  "eastern  shore,"  where  I 
arrived  late  in  the  evening,  and  immediately  sent 
the  annexed  despatches : 

CHKRKT  STONB,  August  13,  1862—11.80  P.M. 

Please  come  to  office;  wish  to  talk  to  ym. 
What  news  from  Pope  ? 

G.   B.  McCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK,  Washington. 

CHERRY  STONK  INLET,  August  14,  1862—12.30  A.X 
Started  to  Jamestown  Island  to  talk  with  you ; 
found  cable  broken,  and  came  here.  Please  read 
my  long  telegram.  (See  above  despatch  of  Au 
gust  twelfth,  eleven  P.M.)  All  quiet  at  camp. 
Enemy  burned  wharves  at  City  Point  yesterday. 
No  rebel  pickets  within  eight  (8)  miles  of  Coggin'» 
Point  yesterday. 

Richmond  prisoners  state  that  large  force  with 
guns  left  Richmond  northward  on  Sunday. 

G.  B.   McCLELLAN, 

Major-GeneraU 

Major-General  H.  W.  HALLECK,  Washington, 
To  which  the  following  reply  was  received : 


DOCUMENTS. 


607 


WASHING-TOM,  August  14, 1862—1.40  A.M. 
I  have  read  your  despatch.  There  is  no  change 
of  plans.  You  will  send  up  your  troops  as  rap 
idly  as  possible.  There  is  no  difficulty  in  land 
ing  them.  According  to  your  own  accounts,  there 
is  now  no  difficulty  in  withdrawing  your  forces. 
Do  so  with  all  possible  rapidity. 

H.  W.  HALLECK, 

Major-General. 

Major-General  G.  B.  MCCLELLAN. 

Before  I  had  time  to  decipher  and  reply  to  this 
despatch,  the  telegraph  operator  in  Washington 
informed  me  that  General  Halleck  had  gone  out 
of  the  office  immediately  after  writing  this  des 
patch,  without  leaving  any  intimation  of  the  fact 
for  me,  or  waiting  for  any  further  information  as 
to  the  object  of  my  journey  across  the  bay.  As 
there  was  no  possibility  of  other  communication 
with  him  at  that  time,  I  sent  the  following  des 
patch,  and  returned  to  Harrison's  Landing : 

CHERRY  STONB  INLKT,  August  14,  1862—1.40  A.M. 

Your  orders  will  be  obeyed.  I  return  at  once. 
I  had  hoped  to  have  had  a  longer  and  fuller  con 
versation  with  you,  after  travelling  so  far  for  the 
purpose.  G.  B.  MCCLELLAN, 

Major-General. 

Major-Gen.  H.  W.  HALLECK,  Washington,  D.  C. 

On  the  fourteenth  and  fifteenth,  and  before  we 
had  been  able  to  embark  all  our  sick  men,  two 
army  corps  were  put  in  motion  toward  Fort  Mon 
roe.  This  was  reported  in  the  annexed  despatch : 

HEADQUARTERS  ARMT  or  THK  POTOMAC,      | 
BERKELEY,  August  14,  1862—11  P.M.  j 

Movement  has  commenced  by  land  and  water. 
All  sick  will  be  away  to-morrow  night.  Every 
thing  being  done  to  carry  out  your  orders.  I 
don't  like  Jackson's  movements  ;  he  will  sudden 
ly  appear  when  least  expected.  Will  telegraph 
fully  and  understandingly  in  the  morning. 

G.  B.  McCLELLAN. 

Major-General. 

Major-Gen.  H.  W.  HALLECK,  Washington,  D.C. 

The  phrase  "movement  has  commenced,"  it 
need  not  be  remarked,  referred  obviously  to  the 
movement  of  the  main  arrny,  after  completing  the 
necessary  preliminary  movements  of  the  sick, 
etc.  etc. 

The  perversion  of  the  term,  to  which  the  Gen 
eral-in-Chief  saw  fit  to  give  currency  in  a  letter 
to  the  Secretary  of  War,  should  have  been  here 
rendered  impossible  b}'  the  despatches  which 
precede  this  of  the  fourteenth,  which  show  that 
the  movement  really  begun  immediately  after  the 
receipt  of  the  order  of  August  fourth. 

The  progress  made  in  the  movement  on  the  fif 
teenth  was  reported  in  the  following  despatches  : 

HEADQUARTERS  ABJIY  or  THK  POTOMAC,  < 
August  15,  1862—12  M.  J 

Colonel  Ingalls  this  moment  reports  that  after 
embarking  the  remaining  brigade  of  McCall's  di 
vision,  with  the  sick,  who  are  constantly  accu 
mulating,  the  transports  now  disposable  will  be 
all  consumed. 

Two  of  my  army  corps  marched  last  night  and 


this  morning  en  route  for  Yorktown — one  via 
Jones's  Bridge,  and  the  other  via  Barrett's  Ferry, 
where  we  have  a  pontoon-bridge.  The  other 
corps  will  be  pushed  forward  as  fast  as  the  roads 
are  clear ;  and  I  hope  before  to-morrow  morning 
to  have  the  entire  army  in  motion. 

A  report  has  just  been  received  from  my  pick 
ets  that  the  enemy  in  force  is  advancing  on  us 
from  the  Chickahominy,  but  I  do  not  credit  it ; 
shall  know  soon.  Should  any  more  transports 
arrive  here  before  my  deparkire,  and  the  enemy 
do  not  show  such  a  force  in  our  front  as  to  re 
quire  all  the  troops  I  have  remaining  to  insure 
the  safety  of  the  land  movement,  with  its  immense 
train,  I  shall  send  every  man  by  water  that  the 
transports  will  carry.  G.  B.  MCCLELLAN, 

Major-GeneraL 

Major-General  H.  W.  HALLECK, 

Commanding  U.  S.  A. 

HEADQUARTERS  ARMY  or  THK  POTOMAC,      J 
BERKELEY,  August  15, 1862—1.30  P.M.  ) 

The  advance  corps  and  trains  are  fairly  started. 
I  learn  nothing  more  in  relation  to  reported  ad 
vance  of  rebels  via  Jones's  Bridge.  Shall  push 
the  movement  as  rapidly  as  possible. 

G.  B.  McCLELLAN, 

Major-General. 

Major-Gen.  H.  W.  HALLECK,  Washington,  D.C. 

HEADQUARTERS  ARMY  OP  THK  POTOMAC,      I 
BERKELEY,  August  15,  1862—10  P.M.  f 

Coggin's  Point  is  abandoned.  The  whole  of 
McCall's  division,  with  its  artillery,  is  now  en  route 
for  Burnside.  We  have  not  yet  transportation 
sufficient  for  our  sick.  I  hope  we  will  get  it  to 
morrow. 

Porter  is  across  the  Chickahominy,  near  its 
mouth,  with  his  wagons  and  reserve  artillery. 
Heintzelman  at  Jones's  Bridge  with  a  portion  of 
his  corps.  They  will  all  be  up  by  morning. 

Averill's  cavalry  on  the  other  side.  All  quiet 
thus  far.  I  cannot  get  the  last  of  the  wagons  as 
far  as  Charles  City  Court-House  before  some  time 
to-morrow  afternoon. 

I  am  hurrying  matters  with  the  utmost  rapid 
ity  possible.    Wagons  will  move  all  night. 
G.  B.  MCCLELLAN, 

Major-GeneraL 

Major-Gen.  H.  W.  HALLECK,  Washington,  D.  C. 

After  the  commencement  of  the  movement,  it 
was  continued  with  the  utmost  rapidity,  until  all 
the  troops  and  material  were  en  route  both  by 
land  and  water,  on  the  morning  of  the  sixteenth. 

Late  in  the  afternoon  of  that  day,  when  the  last 
man  had  disappeared  from  the  deserted  camps,  I 
followed  with  my  personal  staff  in  the  track  of 
the  grand  army  of  the  Potomac ;  bidding  farewell 
to  the  scenes  still  covered  with  the  marks  of  its 
presence,  and  to  be  forever  memorable  in  history 
as  the  vicinity  of  its  most  brilliant  exploits. 

Previous  to  the  departure  of  the  troops,  I  had 
directed  Captain  Duane,  of  the  engineer  corps,  to 
proceed  to  Barrett's  Ferry,  near  the  mouth  of  the 
Chickahominy,  and  throw  across  the  river  at  that 
point  a  pontoon-bridge.  This  was  executed  prompt 
ly  and  satisfactorily  under  the  cover  of  gunboats  ; 
arid  an  excellent  bridge  of  about  two  thousand 


608 


REBELLION  RECORD,  1862-63. 


)MAC,  ) 
IOMINY,  V 
A.M.  j 


feet  in  length  was  ready  for  the  first  arrival  of 
troops. 

The  greater  part  of  the  army,  with  its  artillery, 
wagon-trains,  etc.,  crossed  it  rapidly,  and  in  per 
fect  order  and  safety,  so  that  on  the  night  of  the 
seventeenth  every  thing  was  across  the  Chicka- 
hominy,  except  the  rear-guard,  which  crossed 
early  on  the  morning  of  the  eighteenth,  when  the 
pontoon-bridge  was  immediately  removed. 

General  Porter's  corps,  which  was  the  first  to 
march  from  Harrison's  Landing,  had  been  pushed 
forward  rapidly,  and  on  the  sixteenth  reached 
Wil'iamsburgh,  where  I  had  directed  him  to 
halt  until  the  entire  army  was  across  the  Chicka- 
hom'ny. 

On  his  arrival  at  Williamsburgh,  however,  he 
received  an  intercepted  letter,  which  led  to  the 
belief  that  General  Pope  would  have  to  contend 
against  a  very  heavy  force  then  in  his  front.  Gen 
eral  Porter,  therefore,  very  properly  took  the  re 
sponsibility  of  continuing  his  march  directly  on 
to  Newport  News,  which  place  he  reached  on  the 
morning  of  the  eighteenth  of  August,  having 
marched  his  corps  sixty  miles  in  the  short  period 
of  three  days  and  one  night,  halting  one  day  at 
the  crossing  of  the  Chickahominy. 

The  embarkation  of  this  corps  commenced  as 
soon  as  transports  were  ready,  and  on  the  twen 
tieth  it  had  all  sailed  for  Acquia  Creek.  I  made 
the  following  report  from  Barrett's  Ferry: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
BARRETT'S  FBKRY,  GHICKAHOM 
August  17, 1862—11 

Every  thing  is  removed  from  our  camp  at  Har 
rison's  Bar.  No  property  nor  men  left  behind. 

The  (5th)  Fifth  corps  is  at  Williamsburgh  with 
all  its  wagons  and  the  reserve  artillery.  The  (3d) 
Third  corps  is  on  the  march  from  Jones's  Bridge 
to  Williamsburgh  via  Diamond  Bridge,  and  has 
probably  passed  the  latter  before  this  hour.  Av- 
erill's  cavalry  watches  every  thing  in  that  direc 
tion. 

The  mass  of  the  wagons  have  passed  the  pon 
toon-bridge  here,  and  are  parked  on  the  other 
side.  Peck's  wagons  are  now  crossing  ;  his  divi 
sion  will  soon  be  over.  Headquarters  wagons 
follow  Peck's.  I  hope  to  have  every  thing  over 
to-night,  and  the  bridge  removed  by  daylight. 
May  be  delayed  beyond  that  time.  Came  here 
to  see  Burnside,  otherwise  should  have  remained 
with  the  rear-guard.  Thus  far  all  is  quiet,  and 
not  a  shot  that  I  know  of  since  we  began  the 
march. 

I  shall  not  feel  entirely  secure  until  I  have  the 
whole  army  beyond  the  Chickahominy.  I  will 
then  begin  to  forward  troops  by  water  as  fast  as 
transportation  permits. 

G.  B.    McCLELLAN, 

Major-General  Commanding. 

Ma;or-General  H.  W.  HALLECK, 

Commanding  United  States  Army,  Washington,  D.  C. 

On  the  eighteenth  and  nineteenth,  our  march 
was  continued  to  Williamsburgh  and  Yorktown, 
and  on  the  twentieth  the  remainder  of  the  army 
was  ready  to  embark  at  Yorktown,  Fortress  Mon 
roe,  and  Newport  News. 


The  movement  of  the  main  body  of  the  army 
on  this  march  was  covered  by  General  Pleasan- 
ton  with  his  cavalry  and  horse  artillery.  That 
officer  remained  at  Haxall's  until  the  army  had 
passed  Charles  City  Court-House,  when  he  gra 
dually  fell  back,  picking  up  the  stragglers  as  he 
proceeded,  and  crossed  the  bridge  over  the  Chick 
ahominy,  after  the  main  body  had  marched  to 
ward  Williamsburgh.  His  troops  were  the  last 
to  cross  the  bridge,  and  he  deserves  great  credit 
for  the  manner  in  which  he  performed  this  duty. 

General  Averill  did  a  similar  service,  in  the 
same  satisfactory  way,  in  covering  the  march  of 
the  Third  corps. 

As  the  campaign  on  the  Peninsula  terminated 
here,  I  canrio't  close  this  part  of  my  report  with 
out  giving  an  expression  of  my  sincere  thanks 
and  gratitude  to  the  officers  and  men  whom  I 
had  the  honor  to  command. 

From  the  commencement  to  the  termination 
of  this  most  arduous  campaign,  the  army  of  the 
Potomac  always  evinced  the  most  perfect  subor 
dination,  zeal,  and  alacrity  in  the  performance 
of  all  the  duties  required  of  it. 

The  amount  of  severe  labor  accomplished  by 
this  army  in  the  construction  of  intrenchments, 
roads,  bridges,  etc.,  was  enormous ;  yet  all  the 
work  was  performed  with  the  most  gratifying 
cheerfulness  and  devotion  to  the  interests  of  the 
service. 

During  the  campaign  ten  severely  contested 
and  sanguinary  battles  had  been  fought,  besides 
numerous  smaller  engagements,  in  which  the 
troops  exhibited  the  most  determined  enthusi 
asm  and  bravery.  They  submitted  to  exposure, 
sickness,  and  even  death,  without  a  murmur. 
Indeed,  they  had  become  veterans  in  their  coun 
try's  cause,  and  richly  deserved  the  warm  com 
mendation  of  the  Government. 

It  was  in  view  of  these  facts  that  this  seemed 
to  me  an  appropriate  occasion  for  the  General-in- 
Chief  to  give,  in  general  orders,  some  apprecia 
tive  expression  of  the  services  of  the  army  while 
upon  the  Peninsula.  Accordingly,  on  the  eigh 
teenth  I  sent  him  the  following  despatch : 

HBADQCARTERS  ARMY  OK  THE  POTOMAC,  I 
August  18,  1862—11  P.M.  f 

Please  say  a  kind  word  to  my  army  that  I  can 
repeat  to  them  in  general  orders  in  regard  to 
their  conduct  at  Yorktown,  Williamsburgh,  West- 
Point,  Hanover  Court-IIouse,  and  on  the  Chicka 
hominy,  as  well  as  in  regard  to  the  (7)  seven 
days  and  the  recent  retreat. 

No  one  has  ever  said  any  thing  to  cheer  them 
but  myself.  Say  nothing  about  me.  Merely 
give  my  men  and  officers  credit  for  what  they 
have  done.  It  will  do  you  much  good,  and  will 
strengthen  you  much  with  them  if  you  issue  a 
handsome  order  to  them  in  regard  to  what  they 
have  accomplished.  They  deserve  it. 

G.   B.   McCLELLAN, 

Major-General. 
Major-General  HALLECK,  Washington,  D.  C. 

As  no  reply  was  received  to  this  communica 
tion,  and  no  order  was  issued  by  the  General-in- 


DOCUMENTS. 


609 


Chief,  I  conclude  that  suggestion  did  not  meet 
with  his  approbation. 

All  the  personnel  and  material  of  the  army  had 
been  transferred  from  Harrison's  Landing  to  the 
different  points  of  embarkation  in  the  very  brief 
period  of  five  days  without  the  slightest  loss  or 
damage.  Porter's  troops  sailed  from  Newport 
News  on  the  nineteenth  and  twentieth.  Heint- 
zelman's  corps  sailed  from  Yorktown  on  the  twen 
ty -iirst.  On  that  day  I  received  the  following 
telegram  from  the  General-in-Chief: 

WASHINGTON,  August  21, 1862 — 6  P.M. 

Leave  such  garrisons  in  Fortress  Monroe, 
Yorktown,  etc.,  as  you  may  deem  proper.  They 
will  be  replaced  by  new  troops  as  rapidly  as  pos 
sible. 

The  forces  of  Burnside  and  Pope  are  hard 
pushed,  and  require  aid  as  rapidly  as  you  can 
send  it.  Come  yourself  as  soon  as  yon  can. 

By  all  means  see  that  the  troops  sent  have 
plenty  of  ammunition.  "We  have  no  time  here 
to  supply  them.  Moreover,  they  may  have  to 
fight  as  soon  as  they  land. 

H.  W.  HALLECK, 

Major-General  Commanding  United  States  Army. 

General  MCCLELLAN. 

To  which  the  following  are  replies  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,       ) 
FORTRESS  MONROK,  August  21,  1862—7.30  P.M.  J 

Your  despatch  of  (6)  six  P.M.  received.  I  have 
not  lost  an  hour  in  sending  troops,  nor  will  I. 
Franklin  is  here,  and  I  will  try  to  get  some  of 
his  troops  on  board  to-night.  I  had  already  or 
dered  all  the  ammunition  forward. 

I  will  put  headquarters  on  board  ship  early 
to-morrow  morning,  so  that  I  can  leave  at  a  mo 
ment's  notice.  I  hope  that  I  can  get  off  to-mor 
row.  Shall  I  go  in  person  to  Acquia,  or  de  you 
wish  to  see  me  first  at  Washington?  If  you 
wish  it  I  can  probably  ship  quite  an  amount  of 
ammunition  for  other  troops  than  this  army. 
G.  B.  MCCLELLAN. 

Major-General. 

Major-General  HALLECK,  Washington,  D.  C. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  | 
FORT  MONROE,  August  21, 1862—10.25  P.M.  f 

I  have  ample  supplies  of  ammunition  for  in 
fantry  and  artillery,  and  will  have  it  up  in  time. 
I  can  supply  any  deficiency  that  may  exist  in 
General  Pope's  army.  Quite  a  number  of  rifled 
field-guns  are  on  hand  here. 

The  forage  is  the  only  question  for  you  to  at 
tend  to ;  please  have  that  ready  for  me  at  Acquia. 
I  want  many  more  schooners  for  cavalry  horses ; 
they  should  have  water  on  hand  when  they  come 
here. 

If  you  have  leisure,  and  there  is  no  objection, 
please  communicate  to  me  fully  the  state  of 
affairs,  and  your  plans.  I  will  then  be  enabled 
to  arrange  details  understandingly. 

G.  B.  McCLELLAN, 

Maj  or-General. 
Major-Gen eral  HALLECK,  Washington. 

Immediately  on  reaching  Fort  Monroo,  I  gave 
directions  for  strengthening  the  defences  of  York- 


town,  to  resist  any  attack  from  the  direction  of 
Richmond,  and  left  General  Keyes,  with  his 
corps,  to  perform  the  work,  and  temporarily  gar 
rison  the  place. 

I  telegraphed  as  follows  on  the  twenty-second : 

HEADQUARTERS  ARMY  OF  TTIE  POTOMAC,  | 
FOTR  MONROE,  August  22,  1862—2.15  P.M.  j 

Despatch  of  to-day  received.  Franklin's  corps 
is  embarking  as  rapidly  as  possible.  Surnner's 
corps  is  at  Newport  News,  ready  to  embark  as 
fast  as  transportation  arrives.  Keyes  is  still  at 
Yorktown,  putting  it  in  a  proper  state  of  defence. 
I  think  that  all  of  Franklin's  corps  will  get  off 
to-day,  and  hope  to  commence  with  Sumner  to 
morrow.  I  shall  then  push  off  the  cavalry  and 
wagons.  G.  B.  MCCLELLAN, 

Major-GeneraL 

Major-.Gen.  H.  W.  HALLECK,  Washington,  D.  0. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
FORT  MONROE,  August  22, 1862—3.40  P.M.  J 

Two  (2)  good  ordnance  sergeants  are  needed 
immediately  at  Yorktown  and  Gloucester.  The 
new  defences  are  arranged  and  commenced. 

I  recommend  that  (5000)  five  thousand  new 
troops  be  sent  immediately  to  garrison  York  and 
Gloucester.  They  should  be  commanded  by  an 
experienced  general  officer,  who  can  discipline 
and  instruct  them.  About  (900)  nine  hundred 
should  be  artillery.  I  recommend  that  a  new- 
regiment,  whose  colonel  is  an  artillery  officer,  or 
graduate,  be  designated  as  heavy  artillery,  and 
sent  there.  A  similar  regiment  is  absolutely 
necessary  here.  G.  B.  MCCLELLAN, 

Major-GeneraL 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

On  the  twenty -third  Franklin's  corps  sailed.  I 
reported  this  in  the  following  despatch  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  j 
FORT  MONROE,  August  23,  1862—1.30  P.M.      ) 

Franklin's  corps  has  started.  I  shall  start  for 
Acquia  in  about  half  an  hour.  No  transports  yet 
for  Sumner's  corps.  G.  B.  MCCLELLAN, 

Maj  or-General. 

Maj  or-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

On  that  evening  I  sailed  with  my  staff  for 
Acquia  Creek,  where  I  arrived  at  daylight  on  the 
following  morning,  reporting  as  follows: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
ACQUIA  CREEK,  August  24, 1S62.         j 

I  have  reached  here,  and  respectfully  report  fo' 
orders.  G.  B.  MCCLELLAN, 

Major-GeneraL 

Major-General  HALLECK, 

Commanding  United  States  Army. 

I  also  telegraphed  as  follows  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
ACQUIA  CREEK,  August  24,  1862—2  P.M.          f 

Your  telegram  received.  Morell's  scouts  re 
port  Rappahannock  Station  burned  and  abandon 
ed  by  Pope,  without  any  notice  to  Morell  or 
Sykes.  This  was  telegraphed  you  some  hours 
ago.  Reynolds,  Reno,  and  Stevens  are  suppos- 


610 


REBELLION   RECORD,  J862-G3. 


ed  to  be  with  Pope,  as  nothing  can  be  heard  of 
them  to-day.  Morell  and  Sykes  are  near  Morris- 
ville  Post-Office,  watching  the  lower  fords  of  Rap 
pahannock,  with  no  troops  between  there  and 
Rappahannock  Station,  which  is  reported  aban 
doned  by  Pope. 

Please  inform  me  immediately  exactly  where 
Pope  is,  and  what  doing ;  until  I  know  that,  I 
cannot  regulate  Porter's  movements ;  he  is  much 
exposed  now,  and  decided  measures  should  be 
taken  at  once.  Until  I  know  what  my  command 
and  position  are  to  be,  and  whether  you  still  in 
tend  to  place  me  in  the  command  indicated  in 
your  first  letter  to  me,  and  orally  through  Gene 
ral  Burnside,  at  the  Chickahominy,  1  cannot  de 
cide  where  I  can  be  of  most  use.  If  your  deter 
mination  is  unchanged,  I  ought  to  go  to  Alexan 
dria  at  once.  Please  define  my  position  and 
duties.  G.  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLCCK, 

Commanding  United  States  Army. 

To  which  I  received  the  following  reply : 

WASHINGTON,  August  24, 1862. 

You  ask  me  for  information  which  I  cannot 
give.  I  do  not  know  either  where  General  Pope 
is,  or  where  the  enemy  in  force  is.  These  are 
matters  which  I  have  all  day  been  most  anxious 
to  ascertain.  H.  W.  HALLECK, 

General-in-Chief. 

Major-General  MCCLELLAN. 

On  the  twenty-sixth  I  received  the  following : 

WASHINGTON,  August  26, 1862—11  A.M. 
There  is  reason  to  believe  that  the  enemy  is 
moving  a  large  force  into  the  Shenandoah  Valley. 
Reconnoissances  will  soon  determine.  General 
Heintzel man's  corps  was  ordered  to  report  to 
General  Pope,  and  Kearny's  will  probably  be 
sent  to-day  against  the  enemy's  flank.  Don't 
draw  any  troops  down  the  Rappahannock  at  pre 
sent  ;  we  shall  probably  want  them  all  in  the  di 
rection  of  the  Shenandoah.  Perhaps  you  had 
better  leave  General  Burnside  in  charge  at  Acquia 
Creek,  and  come  to  Alexandria,  as  very  great  ir 
regularities  are  reported  there.  General  Frank 
lin's  corps  will  march  as  soon  as  it  receives  trans 
portations.  H.  W.  HALLECK, 

Commander-in-CLief. 

Major-General  G.  B.  MCCLELLAN. 

On  receipt  of  this  I  immediately  sailed  for 
Alexandria,  and  reported  as  follows  : 

ALEXANDRIA,  August  27, 1862 — 8  A.M. 
I  arrived  here  last  night,  and  have  taken  meas 
ures  to  ascertain  the  state  of  affairs  here,  and  that 
proper  remedies  may  be  applied.  Just  received 
a  rumor  that  railway  bridge  over  Bull  Run  was 
burned  last  night.  G.  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

ALEXANDRIA,  August  27,  1S62— 9.40  A.M. 

The  town  is  quiet,  although  quite  full  of  sol 
diers,  who  are  said  to  be  chiefly  convalescents. 


The  affairs  of  the  quartermaster's  department 
are  reported  as  going  on  well. 

It  is  said  that  the  Bull's  Run  bridge  will  be  re 
paired  by  to-morrow.  The  disembarkation  of 
Stunner's  corps  commenced  at  Acquia  yesterday 
afternoon.  I  found  that  he  could  reach  Rappa 
hannock  Station  earlier  that  way  than  from  here. 
G.  B.  MCCLELLAN, 

Major-General 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

On  the  same  day  I  received  the  following : 

WASHINGTON,  August  27,  1862. 

Telegrams  from  General  Porter  to  General  Burn- 
side,  just  received,  say  that  Banks  is  at  Fayctte- 
ville ;  McDowell,  Sigel,  and  Ricketts  near  War- 
renton  ;  Reno  on  his  right.  Porter  is  marching 
on  Warrenton  Junction,  to  reenforce  Pope.  Noth 
ing  said  of  Heintzelman.  Porter  reports  a  gen 
eral  battle  imminent.  Franklin's  corps  should 
move  out  by  forced  marches,  carrying  three  or 
four  days'  provisions,  and  to  be  supplied,  as  far 
as  possible,  by  railroad.  Perhaps  you  may  pre 
fer  some  other  road  than  to  Centreville.  Colonel 
Haupt  has  just  telegraphed  about  sending  out 
troops.  Please  see  him,  and  give  him  your  di 
rections.  There  has  been  some  serious  neglect  to 
guard  the  railroad,  which  should  be  immediately 
remedied.  H.  W.  HALLECK, 

General-in-Chief. 

Major-General  MCCLELLAN. 
I  replied  as  follows : 

ALEXANDRIA,  August  27, 1862—10  A.M. 

Telegram  this  moment  received.  I  have  sent 
orders  to  Franklin  to  prepare  to  march  with  his 
corps  at  once,  and  to  repair  here  in  person  to  in 
form  me  as  to  his  means  of  transportation. 

Kearny  was  yesterday  at  Rappahannock  Sta 
tion ;  Porter  at  Bealton,  Kellip,  Barnetts,  etc. 
Surnner  will  commence  reaching  Falmouth  to 
day.  Williams's  Massachusetts  cavalry  will  be 
mostly  at  Falmouth  to-day. 

I  loaned  Burnside  my  personal  escort  (one 
squadron  Fourth  regulars)  to  scout  down  Rappa 
hannock. 

I  have  sent  for  Couch's  division  to  come  at 
once.  As  fast  as  I  gain  any  information  I  will  for 
ward  it,  although  you  may  already  have  it. 

G.  B.  MCCLELLAN, 

Major-General. 

Major-Gen.  H.  W.  HALLECK,  Washington,  D.  C. 

I  also  received  the  following  telegrams  : 

WASHINGTON,  August  27, 1862. 

Direct  General  Casey  to  furnish  you  about  five 
thousand  of  the  new  troops  under  his  command. 

Take  entire  direction  of  the  sending  out  of  the 
troops  from  Alexandria. 

Determine  questions  of  priority  in  transporta 
tion,  and  the  places  they  shall  occupy.  Pope's 
headquarters  are  near  Warrenton  Junction,  but 
I  cannot  ascertain  the  present  position  of  his 
troops.  H.  W.  HALLECK, 

General-in-Chlet 

Major-General  MCCLELLAN. 


DOCUMENTS. 


611 


WASKWOTOX,  August  27,  1862. 

I  can  get  no  satisfactory  information  from  the 
front,  either  of  the  enemy  or  of  our  troops. 
There  seems  to  have  been  great  neglect  and  care 
lessness  about  Manassas.  Franklin's  corps  should 
march  in  that  direction  as  soon  as  possible.  A 
competent  officer  should  be  sent  out  to  take  di 
rection  of  affairs  in  that  vicinity. 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  MCCLELLAN. 

Upon  the  receipt  of  these  I  immediately  sent 
the  following  telegram  to  Generals  Heintzelman 

and  Porter : 

ALEXANDRIA,  August  27, 1862—10.80  A.M. 

Where  are  you,  and  what  is  state  of  affairs  — 
what  troops  in  your  front,  right,  and  left  ?  Sum- 
ner  is  now  landing  at  Acquia.  Where  is  Pope's 
left,  and  what  of  enemy  ?  Enemy  burned  Bull 
Run  bridge  last  night  with  cavalry  force. 

G.  B.    MCCLELLAN, 

Major-General. 

Major-General  HEINTZELMAN,  Warrenton. 

Major-General  PORTER,  Bealton. 

P.  S. — If  these  General  Officers  are  not  at  the 

places  named,  nearest  operator  will  please  have 

message  forwarded. 

I  also  telegraphed  to  the  General-in-Chief  as 
follows : 

ALEXANDRIA,  August  27, 1862 — 10.50  A.M. 
I  have  sent  all  the  information  I  possess  to 
Burnside,  instructing  him  to  look  out  well  for 
his  right  flank,  between  the  Rappahannock  and 
Potomac,  and  to  send  no  trains  to  Porter  without 
an  escort.  I  fear  the  cavalry  who  dashed  at  Bull 
Run  last  night  may  trouble  Burnside  a  little.  I 
have  sent  to  communicate  with  Porter  and  Heint 
zelman,  via  Falmouth,  and  hope  to  give  you  some 
definite  information  in  a  few  hours.  I  shall  land 
the  next  cavalry  I  get  hold  of  here,  and  send  it 
out  to  keep  open  the  communication  between 
Pope  and  Porter,  also  to  watch  vicinity  of  Ma 
nassas.  Please  send  me  a  number  of  copies  of 
the  best  maps  of  present  field  of  operations.  1 
can  use  fifty  (50)  to  advantage. 

G.  B.  MCCLELLAN, 

Major-General. 

Major-General  HALLECK, 

Commanding  United  States  Army. 

ALEXANDRIA,  August  27, 1862 — 12.50  A.M. 

In  view  of  Burnside1  s  despatch,  just  received, 
would  it  not  be  advisable  to  throw  the  mass  of 
Sumner's  corps  here,  to  move  out  with  Franklin 
to  Centreville  or  vicinity  ?  If  a  decisive  battle 
is  fought  at  Warrenton,  a  disaster  would  leave 
any  troops  on  Lower  Rappahannock  in  a  danger 
ous  position. 

They  would  do  better  service  in  front  of 
Washington.  G.  B.  MCCLELLAN, 

Major-General. 

Major-General  HALLECK,  Washington,  D.  C. 

ALEXANDRIA,  August  27,  1862—12.5  P.M. 

My  aid  has  just  returned  from  General  Frank 
lin's  camp;  reports  that  Generals  Franklin, 
Smith,  and  Slocum  are  all  in  Washington.  He 


gave  the  order  to  the  next  in  rank  to  place  the 
corps  in  readiness  to  move  at  once.  I  learn  that 
heavy  firing  has  been  heard  this  morning  at 
Centreville,  and  have  sent  to  ascertain  the  truth. 
I  can  find  no  cavalry  to  send  out  on  the  roads. 
Are  the  works  garrisoned  and  ready  for  defence  ? 
G.  B.  McCl.ELLAH, 

Major-GeneraL 

Major-General  HALLECK,  Washington. 

ALKXANDRIA,  August  27, 1862—12.20  P.M. 

What  bridges  exist  over  Bull  Run  ?  Have 
steps  been  taken  to  construct  bridges  for  the  ad 
vance  of  troops  to  reenforce  Pope,  or  to  enable 
him  to  retreat  if  in  trouble  ? 

There  should  be  two  gunboats  at  Acquia  Creek 
at  once.  Shall  I  push  the  rest  of  Sumner's  corps 
here,  or  is  Pope  so  strong  as  to  be  reasonably 
certain  of  success  ?  I  have  sent  to  inspect  the 
works  near  here  and  their  garrisons. 

As  soon  as  I  can  find  General  Casey,  or  some 
other  commanding  officer.  I  will  see  to  the  rail 
way,  etc.  It  would  be  well  to  have  them  report 
to  me,  as  I  do  not  know  where  they  are.  I  am 
trying  to  find  them,  and  will  lose  no  time  in  car 
rying  out  your  orders.  Would  like  to  see  Burn- 
side.  G.  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK,  Washington. 
ALEXANDRIA,  August  27,  1862—1.15  P.M. 

Franklin's  artillery  have  no  horses,  except  for 
(4)  four  guns  without  caissons.  I  can  pick  up 
no  cavalry.  In  view  of  these  facts,  will  it  not  be 
well  to  push  Sumner's  corps  here  by  water  as 
rapidly  as  possible,  to  make  immediate  arrange 
ments  for  placing  the  works  in  front  of  Wash 
ington  in  an  efficient  condition  of  defence  ?  I 
have  no  means  of  knowing  the  enemy's  force  be- 
tween  Pope  and  ourselves. 

Can  Franklin,  without  his  artillery  or  cavalry, 
effect  any  useful  purpose  in  front  ? 

Should  not  Burnside  take  steps  at  once  to 
evacuate  Falmouth  and  Acquia,  at  the  same  time 
covering  the  retreat  of  any  of  Pope's  troops  who 
may  fall  back  in  that  direction  ? 

I  do  not  see  that  we  have  force  enough  in  hand 
to  form  a  connection  with  Pope,  whose  exact 
position  we  do  not  know.  Are  we  safe  in  the 
direction  of  the  valley  ? 

G.    B.    MCCLELLAN, 

Major-Genera? 

Major-General  HALLECK,  Washington. 

ALEXANDRIA,  August  27,  1862 — 1.35  P.M. 

I  learn  that  Ta}rlor's  brigade,  sent  this  morn 
ing  to  Bull  Run  Bridge,  is  either  cut  to  pieces  or 
captured. 

That  the  force  against  them  had  many  guns, 
and  about  (5000)  five  thousand  infantry,  re 
ceiving  reinforcements  every  minute  ;  also,  that 
Gainesville  is  in  possession  of  the  enemy.  Please 
send  some  cavalry  out  toward  Drainsville,  tin 
hain  Bridge,  to  watch  Lewinsville  and  Urains- 
ville,  and  go  as  far  as  they  can.  If  you  will  give 
me  even  one  squadron  of  good  cavalry  here,  I 
will  ascertain  the  state  of  the  case.  I  think  out 
policy  now  is  to  make  these  works  perfectly  saf^ 


612 


REBELLION   RECORD,  1862-63. 


and  mobilize  a  couple  of  corps  as  soon  as  possi 
ble,  but  not  to  advance  them  until  they  can  have 
their  artillery  and  cavalry.  I  have  sent  for  Col 
onel  Tyler  to  place  his  artillerymen  in  the  works. 
Is  Fort  Marcy  securely  held  ? 

G.    B.    McCLELLAN, 

General  HALLECK.  Major-General. 

ALEXANDRIA,  August  27, 1862—2.30  P.M. 

Sumner  has  been  ordered  to  send  here  all  of 
his  corps  that  are  within  reach.  Orders  have 
been  sent  to  Couch  to  come  here  from  Yorktown 
with  the  least  possible  delay.  But  one  squadron 
of  my  cavalry  has  arrived ;  that  will  be  disem 
barked  at  once  and  sent  to  the  front. 

If  there  is  any  cavalry  in  Washington,  it  should 
be  ordered  to  report  to  me  at  once. 

I  still  think  that  we  should  first  provide  for  the 
immediate  defence  of  Washington  on  both  sides 
of  the  Potomac. 

I  am  not  responsible  for  the  past,  and  cannot 
be  for  the  future,  unless  I  receive  authority  to 
dispose  of  the  available  troops  according  to  my 
judgment.  Please  inform  me  at  once  what  my 
position  is.  I  do  not  wish  to  act  in  the  dark. 

G.    B.    McCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

ALEXANDRIA,  August  27, 1862—6  P.M. 

I  have  just  received  the  copy  of  a  despatch 
from  General  Pope  to  you,  dated  ten  A.M.  this 
morning,  in  which  he  says  :  '  All  forces  now  sent 
forward  should  be  sent  to  my  right  at  Gaines 
ville.' 

I  now  have  at  my  disposal  here  about  (10,000) 
ten  thousand  men  of  Franklin's  corps,  about 
f2800)  two  thousand  eight  hundred  of  General 
Tyler's  brigade,  and  Colonel  Tyler's  First  Con 
necticut  artillery,  which  I  recommend  should  be 
held  in  hand  for  defence  of  Washington. 

If  you  wish  me  to  order  any  part  of  this  force 
t(r  the  front,  it  is  in  readiness  to  march  at  a  mo 
ment's  notice  to  any  point  you  may  indicate. 

In  view  of  the  existing  state  of  things  in  our 
front,  I  have  deemed  it  best  to  order  General 
Casey  to  hold  his  men  for  Yorktown  in  readiness 
to  n  ove,  but  not  to  send  them  off  until  further 
ordeis.  G.  B.  MCCLELLAN, 

Major-General. 

Ma.  or-GencT";!  H.  W.  HALLECK, 

Commanding  United  States  Army. 

On  the.  *  ^er.ty-eighth  I  telegraphed  as  follows : 

HEADQUARTERS  CAMP  NEAR  ALEXANDRIA,  ) 
August  28,  1862 — 4.10  P.M.      f 

General  Franklin  is  with  me  here.  I  will 
know  in  a  few  minutes  the  condition  of  artillery 
and  cavalry. 

We  are  not  yet  in  condition  to  move  ;  may  be 
by  to-morrow  morning. 

Pope  must  cut  through  to-day,  or  adopt  the 
j*  an  I  suggested.  I  have  ordered  troops  to  gar 
rison  the  '.vorks  at  Upton's  Hill.  They  must  be 
beld  at  any  cost.  As  soon  as  I  can  see  the  way 
to  spare  them,  I  will  send  a  corps  of  good  troops 


there.     It  is  the  key  to  Washington,  which  can 
not  be  seriously  menaced  as  long  as  it  is  held. 

G.    B.    McCLELLAN, 

Major-GeneraL 

Major-General  HALLECK,  Washington,  D.  C. 

I  received  the  following  from  the  General-in- 
Chief: 

WASHINGTON,  August  23, 1862. 

I  think  you  had  better  place  Sumner's  corps 
as  it  arrives  near  the  guns,  and  particularly  at 
the  Chain  Bridge. 

The  principal  thing  to  be  feared  now  is  a  cav 
alry  raid  into  this  city,  especially  in  the  night 
time. 

Use  Cox's  and  Tyler's  brigade,  and  the  new 
troops  for  the  same  object,  if  you  need  them. 

Porter  writes  to  Burnside  from  Bristow,  half- 
past  nine  A.M.  yesterday,  that  Pope's  forces  were 
then  moving  on  Manassas,  and  that  Burnside 
would  soon  hear  of  them  by  way  of  Alexandria. 

General  Collum  has  gone  to  Harper's  Ferry, 
and  I  have  only  a  single  regular  officer  for  duty 
in  the  office. 

Please  send  some  of  your  officers  to-day  to  see 
that  every  precaution  is  taken  at  the  forts  against 
a  raid :  also  at  the  bridge.  Please  answer. 

H.  W.  HALLECK, 

General-in-Chiet 

Major-General  MCCLELLAN. 

On  the  twenty-ninth  the  following  despatch 
was  telegraphed : 

CAMP  NEAR  ALEXANDRIA,         ) 
August  29, 1862—10.30  A.M.  f 

Franklin's  corps  is  in  motion ;  started  about 
(6)  six  A.M.  I  can  give  him  but  two  squadrons 
of  cavalry.  I  propose  moving  General  GOA  to  Up 
ton's  Hill,  to  hold  that  important  point  with  its 
works,  and  to  push  cavalry  scouts  to  Vienna,  via 
Freedom  Hill  and  Hunter's  Lane.  Cox  has  (2) 
twTo  squadrons  of  cavalry.  Please  answer  at 
once  whether  this  meets  your  approval.  I  have 
directed  Woodbury,  with  the  engineer  brigade, 
to  hold  Fort  Lyon.  Sumner  detached,  last  night, 
two  regiments  to  vicinity  of  Forts  Ethan  Allen 
and  Marcy.  Meagher's  brigade  is  still  at  Acquia. 
If  he  moves  in  support  of  Franklin,  it  leaves  us 
without  any  reliable  troops  in  and  near  Washing 
ton.  Yet  Franklin  is  too  weak  alone.  What 
shall  be  done?  No  more  cavalry  arrived  ;  have 
but  (3)  three  squadrons.  Franklin  has  but  (40) 
forty  rounds  of  ammunition,  and  no  wagons  to 
move  more.  I  do  not  think  Franklin  is  in  con 
dition  to  accomplish  much  if  he  meets  with  seri 
ous  resistance.  I  should  not  have  moved  him 
but  for  your  pressing  order  of  last  night.  What 
have  you  from  Vienna  and  Drainsville  ? 

G.   B.   McCLELLAN, 

Major-General. 

Major-General  HALLECK,  Washington,  D.  C. 
To  which  the  following  is  a  reply : 

WASHINGTON,  August  29, 1862—12  M. 

Upton's  Hill  arrangement  all  right.  We  must 
send  wagons  and  ammunition  to  Franklin  as  fast 
as  they  arrive. 

Meagher's  brigade  ordered  up  yesterJny.    Fitz- 


DOCUMENTS. 


613 


Hugh  Lee  was,  it  is  said  on  good  authority,  in 
Alexandria  on  Sunday  last  for  three  hours.  I 
have  nothing  from  Drain  sville. 

H.  W.  HALLECK, 
Major-General  MCCLELLAN.  i  General-in-Chief. 

On  the  same  day  the  following  was  received 
Jfrom  His  Excellency,  the  President : 

WASHINGTON,  August  29, 1862—2.30  P.M. 
"What  news  from  direction  of  Manassas  Junc 
tion  ?     What  generally  ?  A.  LINCOLN. 
Major-General  MCCLELLAN. 

To  which  I  replied  as  follows  : 

CAMP  NEAR  ALEXANDRIA,         ) 
August  29,  1862—2.45  P.M.  f 

The  last  news  I  received  from  the  direction  of 
Manassas  was  from  stragglers,  to  the  effect  that 
the  enemy  were  evacuating  Centreville  and  re 
tiring  toward  Thoroughfare  Gap.  This  by  no 
means  reliable. 

I  am  clear  that  one  of  two  courses  should  be 
adopted :  First,  to  concentrate  all  our  available 
forces  to  open  communications  with  Pope ;  sec 
ond,  to  leave  Pope  to  get  out  of  his  scrape,  and 
at  once  use  all  our  means  to  make  the  capital 
perfectly  safe. 

No  middle  ground  will  now  answer.  Tell  me 
what  you  wish  me  to  do,  and  I  will  do  all  in  my 
power  to  accomplish  it.  I  wish  to  know  what 
my  orders  and  authority  are.  I  ask  for  nothing, 
but  will  obey  whatever  orders  you  give.  I  only 
ask  a  prompt  decision  that  I  may  at  once  give 
the  necessary  orders.  It  will  not  do  to  delay 
longer.  G.  B.  MCCLELLAN, 

A.  LINCOLN,  Major-General. 

President, 

And  copy  to  General  Halleck. 

To  which  the  following  is  a  reply : 

WASHINGTON,  August  29, 1862 — 4.10  P.M. 

Yours  of  to-day  just  received.  I  think  your 
first  alternative,  to  wit,  "to  concentrate  all  our 
available  forces  to  open  communication  with 
Pope"  is  the  right  one,  but  I  wish  not  to  control. 
That  I  now  leave  to  General  Halleck,  aided  by 
your  counsels.  A,  LINCOLN. 

Major-General  MCCLELLAN. 

It  had  been  officially  reported  to  me  from 
Washington  that  the  enemy,  in  strong  force,  was 
moving  through  Vienna  in  the  direction  of  the 
Chain  Bridge,  and  had  a  large  force  in  Vienna. 
This  report,  in  connection  with  the  despatch  of 
the  General-in-Chief  on  the  twenty-eighth,  before 
noted,  induced  me  to  direct  Franklin  to  halt  his 
command  near  Anandale  until  it  could  be  deter 
mined,  by  reconnoissances  to  Vienna  and  toward 
Manassas,  whether  these  reports  were  true.  Gen 
eral  Cox  was  ordered  to  send  his  small  cavalry 
force  from  Upton's  Hill  toward  Vienna  and 
Drainsville  in  one  direction,  and  toward  Fairfax 
Court-House  in  the  other,  and  Franklin  to  push 
his  two  squadrons  as  far  toward  Manassas  as  pos 
sible,  in  order  to  ascertain  the  true  position  of 
the  enemy. 


With  the  enemy  in  force  at  Vienna,  and  toward 
Lewinsville,  it  would  have  been  very  injudicious 
to  have  pushed  Franklin's  small  force  beyond 
Anandale.  It  must  be  remembered  that  at' that 
time  we  were  cut  off  from  direct  communication 
with  General  Pope  ;  that  the  enemy  was,  by  the 
last  accounts,  at  Manassas  in  strong  force,  and 
that  Franklin  had  only  from  ten  thousand  to 
eleven  thousand  men,  with  an  entirely  insuffi 
cient  force  of  cavalry  and  artillery. 

In  order  to  represent  this  condition  of  affairs  in 
its  proper  light  to  the  General-in-Chief,  and  to 
obtain  definite  instructions  from  him,  I  telegraph 
ed  as  follows : 

CAMP  NEAR  ALEXANDRIA,         ) 
August  29,  1862—12  M.  { 

Have  ordered  most  of  the  (12th)  Twelfth  Penn 
sylvania  cavalry  to  report  to  General  Barnard  for 
scouting  duty  toward  Rockville,  Poolsville,  etc. 

If  you  apprehended  a  raid  of  cavalry  on  your 
side  of  river,  I  had  better  send  a  brigade  or  two 
of  Simmer's  10  near  Tenallytown,  where,  with 
two  or  three  old  regiments  in  Forts  Allen  and 
Marcy,  they  can  watch  both  Chain  Bridge  and 
Tenallytown. 

Would  it  meet  your  views  to  post  the  rest  of 
Sumner's  corps  between  Arlington  and  Fort  Cor 
coran,  whence  they  can  either  support  Cox,  Frank 
lin,  or  Chain  Bridge,  and  even  Tenallytown  ? 

Franklin  has  only  between  (10,000)  ten  thou 
sand  and  (11,000)  eleven  thousand  for  duty. 

How  far  do  you  wish  this  force  to  advance  ? 

G.  B.    MCCLELLAN, 

Mnjor-General. 

Major-General  HALLECK,  Washington. 

CAMP  NBAR  ALEXANDRIA,      ) 
August  29,  1862— 1  P.M.  ) 

I  anxiously  await  reply  to  my  last  despatch  in 
regard  to  Sumner.  Wish  to  give  the  order  at 
once. 

Please  authorize  me  to  attach  new  regiments 
permanently  to  my  old  brigades.  I  can  do  much 
good  to  old  and  new  troops  in  that  way.  I  shall 
endeavor  to  hold  a  line  in  advance  of  Forts  Allen 
and  Marcy,  at  least  with  strong  advanced-guards. 
I  wish  to  hold  the  line  through  Prospect  Hill, 
Mackall's,  Minor's,  and  Hall's  Hill.  This  will 
give  us  timely  warning.  Shall  I  do  as  seems  best 
to  me  with  all  the  troops  in  this  vicinity,  includ 
ing  Franklin,  who  I  really  think  ought  not,  under 
present  circumstances,  to  advance  beyond  Anan 
dale  ?  G.  B.  MCCLELLAN, 

Major-General. 

General  HALLECK. 

On  the  same  day  I  received  a  despatch  from  the 
General-in-Chief,  in  which  he  asks  me  why  I  halt 
ed  Franklin  in  Anandale,  to  which  I  replied  as 
follows : 

CAMP  NEAR  ALEXANDRIA,         ) 
August  29,  1862—10.30  A.M.  f 

By  referring  to  my  telegrams  of  half-past  ten 
A.V.,  twelve  M.,  and  one  P.M.,  together  with  your 
reply  of  forty-eight  minutes  past  two  P.M.,  you 
will  see  why  Franklin's  corps  halted  at  Anandale. 
His  small  cavalry  force,  all  I  had  to  give  him,  waa 
ordered  to  push  on  as  far  as  possible  toward  Ma- 
nassas. 


6U 


REBELLION  RECORD,  1862-63. 


It  was  not  safe  for  Franklin  to  move  beyond 
Anandale,  under  the  circumstances,  until  we  knew 
what  was  at  Vienna. 

General  Franklin  remained  here  until  about 
one  P.M.,  endeavoring  to  arrange  for  supplies  for 
his  command.  I  am  responsible  for  both  these 
circumstances,  and  do  not  see  that  either  was  in 
disobedience  to  your  orders. 

Please  give  distinct  orders  in  reference  to  Frank 
lin's  movements  of  to-morrow.  I  have  sent  to 
Colonel  Haupt  to  push  out  construction  and  sup 
ply-trains  as  soon  as  possible. 

'General  Tyler  to  furnish  the  necessary  guards. 

I  have  directed  General  Banks's  supply-trains 
to  start  out  to-night  at  least  as  far  as  Anandale, 
with  an  escort  from  General  Tyler. 

In  regard  to  to-morrow's  movements  I  desire 
definite  instructions,  as  it  is  not  agreeable  to  me 
to  be  accused  of  disobeying  orders,  when  I  have 
simply  exercised  the  discretion  you  committed 
to  me.  G.  B.  MCCLELLAN, 

Major-General. 

Major-General  HALLECK,  Washington,  D.  C. 

On  the  same  evening  I  sent  the  following  des 
patches  : 

CAMP  NEAR  ALEXANDRIA,  ) 

August  29,  1862—10  P.M.  f 

Not  hearing  from  you,  I  have  sent  orders  to 
General  Franklin  to  place  himself  in  communica 
tion  with  General  Pope  as  soon  as  possible,  and 
at  the  same  time  cover  the  transit  of  Pope's  sup 
plies. 

Orders  have  been  given  for  railway  and  wagon- 
trains  to  move  to  Pope  with  least  possible  delay. 

I  am  having  inspections  made  of  all  the  forts 
around  the  city  by  members  of  my  staff,  with  in 
structions  to  give  all  requisite  orders. 

I  inspected  Worth  and  Ward  myself  this  even 
ing  ;  found  them  in  good  order. 

Reports,  so  far  as  heard  from,  are  favorable  as 
to  condition  of  works. 

G.  B.  MCCLELLAN, 

Major-General. 

Major-General  HALI.KCK,  Washington. 

CAMP  NKAk  ALEXANDRIA,  ) 

August  29,  1SG2— 10  P.M.  f 

Your  despatch  received.  Franklin's  corps  has 
been  ordered  to  march  at  six  o'clock  to-morrow 
morning.  Stunner  has  about  fourteen  thousand 
infantry,  without  cavalry  or  artillery,  here.  Cox's 
brigade  of  four  regiments  is  here,  with  two  bat 
teries  of  artillery.  Men  of  two  regiments,  much  fa 
tigued,  came  in  to-day.  Tyler's  brigade  of  three 
new  regiments,  but  little  drilled,  is  also  here;  all 
these  troops  will  be  ordered  to  hold  themselves 
ready  to  march  to-morrow  morning,  and  all  except 
Franklin's  to  await  further  orders. 

If  you  wish  any  of  them  to  move  toward  Ma- 
nassas,  please  inform  me. 

Colonel  Wagner,  Second  New- York  artillery, 
has  just  come  in  from  the  front.  He  reports 
strong  infantry  and  cavalry  force  of  rebels  near 
Fairfax  Court-House.  Reports  rumors  from  vari 
ous  sources  that  Lee  and  Stuart,  with  large  forces, 
are  at  Manassas. 


That  the  enemy,  with  one  hundred  and  twenty 
thousand  men,  intend  advancing  on  the  forts  near 
Arlington  and  Chain  Bridge,  with  a  view  of  attack 
ing  Washington  and  Baltimore. 

General  Barnard  telegraphs  me  to-night  that 
the  length  of  the  line  of  fortifications  on  this  side 
of  the  Potomac  requires  two  thousand  additional 
artillerymen,  and  additional  troops  to  defend  in 
tervals,  according  to  circumstances  ;  at  all  events, 
he  says  an  old  regiment  should  be  added  to  the 
force  at  Chain  Bridge,  and  a  few  regiments  distri 
buted  along  the  lines  to  give  confidence  to  our 
new  troops.  I  agree  with  him  fully,  and  think 
our  fortifications  along  the  upper  part  of  our  line 
on  this  side  the  river  very  unsafe  with  their  pre 
sent  garrisons,  and  the  movements  of  the  enemy 
seem  to  indicate  an  attack  upon  those  works. 
G.  B.  MCCLELLAN, 

Major-GeneraL. 

General  H.  W.  HALLECK, 

General-in-Chief  United  States  Army,  Washington,  D.  C. 

CAMP  NEAR  ALEXANDRIA,  | 

August  30, 1862—11.30  A.M.  f 

Your  telegram  of  nine  A.M.  received.  Ever 
since  General  Franklin  received  notice  that  he 
was  to  march  from  Alexandria,  he  has  been  en 
deavoring  to  get  transportation  from  the  quarter 
master  at  Alexandria,  but  he  has  uniformly  been 
told  that  there  was  none  disposable,  and  his  com 
mand  marched  without  wagons.  After  the  de 
parture  of  his  corps,  he  procured  twenty  wagons 
to  carry  some  extra  ammunition,  by  unloading 
Banks's  supply  train. 

General  Sumner  endeavored,  by  application 
upon  the  Quartermaster's  department,  to  get  wa 
gons  to  carry  his  reserve  ammunition,  but  with 
out  success,  and  was  obliged  to  march  with  what 
he  could  carry  in  his  cartridge-boxes. 

I  have  this  morning  directed  that  all  my  head 
quarter  wagons  that  are  landed  be  at  once  load 
ed  with  ammunition  for  Sumner  and  Franklin  ; 
but  they  will  not  go  far  toward  supplying  the 
deficiency. 

Eighty -five  wagons  were  got  together  by  tho 
quartermasters  last  night,  loaded  with  subsist 
ence,  and  sent  forward  at  one  A.M.  with  an  es 
cort  ma  Anandale.  Every  effort  has  been  made 
to  carry  out  your  orders  promptly.  The  great 
difficulty  seems  to  consist  in  the  fact  that  the 
greater  part  of  the  transportation  on  hand  at 
Alexandria  and  Washington  has  been  needed  for 
current  supplies  of  the  garrisons.  Such  is  the 
state  of  the  case  as  represented  to  me  by  the 
quartermasters,  and  it  appears  to  be  true. 

I  take  it  for  granted  that  this  has  not  been 
properly  explained  to  you. 

G.  B.  MCCLELLAN, 

Major-General  HALLECK,  Major-GeneraL 

General-in-Chiet. 

On  the  morning  of  the  thirtieth  heavy  artil 
lery  firing  was  heard  in  the  direction  of  Fairfax 
Court-House,  which  I  reported  to  the  General-in- 
Chief. 

At  eleven  A.M.  the  following  telegram  waa 
sent: 


DOCUMENTS. 


615 


CAMP  NEAR  ALEXANDRIA, 

August  30,  1862—11  A.M.  f 

Have  ordered  Sumner  to  leave  (1)  one  brigade 
in  vicinity  of  Chain  Bridge,  and  to  move  the 
rest  via  Columbia  pike  on  Anandale  and  Fairfax 
Court-House. 

Is  this  the  route  you  wish  them  to  take  ?    He 
and  Franklin  are  both  instructed  to  join  Pope  ; 
promptly  as  possible. 

Shall  Couch  move  out  also  when  he  arrives  ? 

G.  B.  McCLELLAN, 

Major-General. 

Major- General  HALLECK,  Washington. 
On  the  same  day  I  received  the  following : 

WASHINGTON,  August  30, 1862—1.45  P.M. 
Ammunition,    and    particularly   for  artillery, 
must  be  immediately  sent  forward  to  Centreville 
for  General  Pope.     It  must  be  done  with  all  pos 
sible  despatch.  H.  W.  HALLECK, 

General-in-Chief. 

General  MCCLELLAN. 

To  which  this  reply  was  made : 

CAMP  NEAR  ALEXANDRIA,  J 

August  30,  1862—2.10  P.M.  f 

I  know  nothing  of  the  calibres  of  Pope's  artil 
lery.  All  I  can  do  is  to  direct  my  ordnance  offi 
cer  to  load  up  all  the  wagons  sent  to  him.  I 
have  already  sent-  all  my  headquarters  wagons. 
You  will  have  to  see  that  wagons  are  sent  from 
Washington.  I  can  do  nothing  more  than  give 
the  order  that  every  available  wagon  in  Alexan 
dria  shall  be  loaded  at  once. 

The  order  to  the  brigade  of  Sumner  that  I  di 
rected  to  remain  near  Chain  Bridge  and  Tenally- 
town  should  go  from  your  headquarters  to  save 
time.  I  understand  you  to  intend  it  also  to 
move.  I  have  no  sharp-shooters  except  the  guard 
around  my  camp.  I  have  sent  off  every  man 
but  those,  and  will  now  send  them  with  the  train 
as  you  direct.  I  will  also  send  my  only  remain 
ing  squadron  of  cavalry  with  General  Sumner. 
I  can  do  no  more.  You  now  have  every  man  of 
the  army  of  the  Potomac  who  is  within  my  reach. 
G.  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK. 

At  half-past  ten  P.M.  the  following  telegram 
was  sent : 

CAMP  NEAR  ALEXANDRIA,  ) 

August  30,  1862—10.30  P.M.  f 

I  have  sent  to  the  front  all  my  troops  with  the 
exception  of  Couch's  division,  and  have  given 
the  orders  necessary  to  insure  its  being  disposed 
of  as  you  directed.  I  hourly  expect  the  return 
of  one  of  my  aids,  who  will  give  authentic  news 
from  the  field  of  battle. 

I  cannot  express  to  you  the  pain  and  mortifi 
cation  I  have  experienced  to-day  in  listening  to 
the  distant  sound  of  the  firing  of  my  men.     As 
I  can  be  of  no  further  use  here,  I  respectfully 
ask  that,  if  there  is  a  probability  of  the  conflict 
being  renewed  to-morrow,  I  may  be  permitted  to 
go  to  the  scene  of  battle  with  my  staff,  merely  to  j 
be  with  my  own  men,  if  nothing  more ;  they  will  i 
fight  none  the  worse  for  my  being  with  them.  | 


If  it  is  not  deemed  best  to  intrust  me  with  the 
command  even  of  my  own  army,  I  simply  ask  to 
be  permitted  to  share  their  fate  on  the  field  of 
battle. 

Please  reply  to  this  to-night. 

I  have  been  engaged  for  the  last  few  hours  in 
doing  what  I  can  to  make  arrangements  for  the 
wounded.  I  have  started  out  all  the  ambulances 
now  landed.  As  I  have  sent  my  escort  to  the 
front,  I  would  be  glad  to  take  some  of  Gregg's 
cavalry  with  me,  if  allowed  to  go. 

G.  B.  McCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army,  Washington,  D.  C. 

To  which,  on  the  following  day,  I  received  this 
answer : 

WASHINGTON,  August  81, 1862—9.18  A.M. 

I  have  just  seen  your  telegram  of  five  minutes 
past  eleven  last  night.  The  substance  was  stated 
to  me  when  received,  but  I  did  not  know  that 
you  asked  for  a  reply  immediately.  I  cannot  an 
swer  without  seeing  the  President,  as  General 
Pope  is  in  command,  by  his  orders,  of  the  de 
partment. 

I  think  Couch's  division  should  go  forward  as 
rapidly  as  possible  and  find  the  battle-field. 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  MCCLELLAN. 

On  the  same  day  the  following  was  received : 

WASHINGTON,  August  81, 1862—12.45  P.M. 

The  subsistence  department  are  making  Fair 
fax  Station  their  principal  depot.  It  should  be 
well  guarded.  The  officer  in  charge  should  be 
directed  to  secure  the  depot  by  abatis  against 
cavalry.  As  many  as  possible  of  the  new  regi 
ments  should  be  prepared  to  take  the  field.  Per 
haps  some  more  should  be  sent  to  the  vicinity  of 
ham  Bridge.  H.  W.  HALLECK, 

General-in-Chief. 

Major-General  MCCLELLAN. 

At  half-past  two  P.M.  the  following  despatch 
was  telegraphed : 

CAMP  NEAR  ALEXANDRIA,     ) 
August  31, 1862—2.30  P.M.  f 

Major  Haller  is  at  Fairfax  Station  with  my  pro 
vost  and  headquarters  guard  and  other  troops. 
I  have  requested  (4)  four  more  companies  to  be 
sent  at  once,  and  the  precautions  you  direct  to  be 

;aken. 
Under  the  War  Department  order  of  yesterday 

[  have  no  control  over  any  thing  except  my  staff, 
some  one  hundred  men  in  my  camp  here,  and  the 
~ew  remaining  near  Fort  Monroe.  I  have  no  con- 

;rol  over  the  new  regiments — do  not  know  where 
they  are,  or  any  thing  about  them,  except  those 
near  here.  Their  commanding  officers  and  those 

f  the  works  are  not  under  me. 
Where  I  have  seen  evils  existing  under  my  eye 

'  have  corrected  them.  I  think  it  is  the  business 
of  General  Casey  to  prepare  the  new  regiments 
for  the  field,  and  a  matter  between  him  and  Gen 
eral  Barnard  to  order  others  to  the  vicinity  of 


616 


REBELLION  RECORD,  1863-68. 


Chain  Bridge.  Neither  of  them  is  under  my 
command,  and  by  the  War  Department  order  I 
have  no  right  to  give  them  orders. 

G.  B.  MCCLELLAN, 

Major-General. 

General  HALLECK,  Washington. 

To  which  the  following  is  an  answer : 

WASHINGTON,  August  81, 1862— 10.7  P.M. 

Since  receiving  your  despatch,  relating  to  com 
mand,  I  have  not  been  able  to  answer  any  not 
of  absolute  necessity.  I  have  not  seen  the  order 
as  published,  but  will  write  to  you  in  the  morn 
ing.  You  will  retain  the  command  of  every  thing 
in  this  vicinity  not  temporarily  belonging  to 
Pope's  army  in  the  field. 

I  beg  of  you  to  assist  me  in  this  crisis  with 
your  ability  and  experience.  I  am  entirely  tired 
out.  H.  W.  HALLECK, 

General-in-Chief. 

General  MCCLELLAN. 

The  order  referred  to  in  the  preceding  despatch 
was  as  follows : 

WAR  DEPARTMENT,  August  30, 1862. 

The  following  are  the  commanders  of  the  ar 
mies  operating  in  Virginia ; 

General  Burnside  commands  his  own  corps, 
except  those  that  have  been  temporarily  detached 
and  assigned  to  General  Pope. 

General  McClellan  commands  that  portion  of 
the  army  of  the  Potomac  that  has  not  been  sent 
forward  to  General  Pope's  command. 

General  Pope  commands  the  army  of  Virginia 
and  all  the  forces  temporarily  attached  to  it.  All 
the  forces  are  under  the  command  of  Major-Gen 
eral  Halleck,  General-in-Chief. 

E.  D.  TOWNSEND, 

Assistant  Adjutant-General. 

I  was  informed  by  Colonel  Townsend  that  the 
above  was  published  by  order  of  the  Secretary 
of  War. 

At  half-past  eleven  P.M.  I  telegraphed  the  fol 
lowing  : 

CAMP  NEAR  ALEXANDRIA,         ) 
August  31, 1862—11.30  P.M.  J 

The  squadron  of  Second  regular  cavalry  that 
I  sent  with  General  Sumner  was  captured  to-day 
about  two  P.M.  some  three  miles  from  Fairfax 
Court-House,  beyond  it  on  the  little  River  pike, 
by  Fitz-Hugh  Lee,  with  three  thousand  cavalry 
and  three  light  batteries. 

I  have  conversed  with  the  first  sergeant,  who 
says  that  when  he  last  saw  them  they  were  with 
in  a  mile  of  Fairfax.  Pope  had  no  troops  on  that 
road  ;  this  squadron  getting  there  by  mistake. 
There  is  nothing  of  ours  on  the  right  of  Centre- 
ville  but  Sumner's  corps.  There  was  much  ar 
tillery  firing  during  the  day.  A  rebel  major  told 
the  sergeant  that  the  rebels  had  driven  in  our 
entire  left  to-day.  He  says  the  road  is  filled  with 
wagons  and  stragglers  coming  toward  Alexandria. 

It  is  clear  from  the  sergeant's  account  that  we 
were  badly  beaten  yesterday,  and  that  Pope's 
right  is  entirely  exposed. 

1  recommend  that  no  more  of  Couch's  division 


be  sent  to  the  front,  that  Burnside  be  brought 
here  as  soon  as  practicable,  and  that  every  thing 
available  this  side  of  Fairfax  be  drawn  in  at  once, 
including  the  mass  of  the  troops  on  the  railroad. 
I  apprehend  that  the  enemy  will,  or  have  by  this 
time  occupied  Fairfax  Court-House  and  cut  off 
Pope  entirely,  unless  he  falls  back  to-night  via 
Sangster's  and  Fairfax  Station. 

I  think  these  orders  should  be  sent  at  once.  I 
have  no  confidence  in  the  dispositions  made  as  I 
gather  them.  To  speak  frankly — and  the  occa 
sion  requires  it — there  appears  to  be  a  total  ab 
sence  of  brains,  and  I  fear  the  total  destruction 
of  the  army.  I  have  some  cavalry  here  that  can 
carry  out  any  orders  you  may  have  to  send.  The 
occasion  is  grave,  and  demands  grave  measures. 
The  question  is,  the  salvation  of  the  country.  I 
learn  that  our  loss  }resterday  amounted  to  fifteen 
thousand.  We  cannot  afford  such  losses  without 
an  object. 

It  is  my  deliberate  opinion  that  the  interests 
of  the  nation  demand  that  Pope  should  fall  back 
to-night  if  possible,  and  not  one  moment  is  to  be 
lost. 

I  will  use  all  the  cavalry  I  have  to  watch  our 
right.  Please  answer  at  once.  I  feel  confident 
that  you  can  rely  upon  the  information  I  give  you. 
I  shall  be  up  all  night,  and  ready  to  obey  any 
orders  you  give  me. 

G.  B.  MCCLELLAN, 

Major-General 

General  HALLECK,  Washington. 
To  which  this  reply  was  received  : 

WASHINGTON,  September  1, 1862—1.30  A.M. 

Burnside  was  ordered  up  very  early  yesterday 
morning.  Retain  remainder  of  Couch's  forces, 
and  make  arrangements  to  stop  all  retreating 
troops  in  line  of  works  or  where  you  can  best 
establish  an  entire  line  of  defence.  My  news  from 
Pope  was  up  to  four  P.M.  ;  he  was  then  all  right. 
I  must  wait  for  more  definite  information  before 
I  can  order  a  retreat,  as  the  falling  back  on  the 
line  of  works  must  necessarily  be  directed  in  case 
of  a  serious  disaster.  Give  me  all  additional  news 
that  is  reliable. 

I  shall  be  up  all  night,  and  ready  to  act  as  cir 
cumstances  may  require.  I  am  fully  aware  of 
the  gravity  of  the  crisis,  and  have  been  for  weeks. 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  MCCLELLAN. 

FOURTH    PERIOD. 

ON  the  first  of  September  I  went  into  Wash 
ington,  where  I  had  an  interview  with  the  Gen 
eral-in-Chief,  who  instructed  me,  verbally,  to  take 
command  of  its  defences,  expressly  limiting  my 
jurisdiction  to  the  works  and  their  garrisons, 
and  prohibiting  me  from  exercising  any  control 
over  the  troops  actively  engaged  in  front  under 
General  Pope.  During  this  interview  I  suggest 
ed  to  the  General-in-Chief  the  necessity  of  his 
going  in  person,  or  sending  one  of  his  personal 
staff,  to  the  army  under  General  Pope,  for  the 
purpose  of  ascertaining  the  exact  condition  of  af 


DOCUMENTS. 


617 


fairs  ;  he  sent  Colonel  Kelton,  his  Assistant  Ad 
jutant-General. 

During  the  afternoon  of  the  same  day  I  receiv 
ed  a  message  from  the  General-in-Chief,  to  the 
effect  that  he  desired  me  to  go  at  once  to  his  house 
to  see  the  President. 

The  President  informed  me  that  he  had  reason 
to  believe  that  the  army  of  the  Potomac  was  not 
cheerfully  cooperating  with  and  supporting  Gen 
eral  Pope;  that  he  had  "always  been  a  friend 
of  mine ;"  and  now  asked  me,  as  a  special  favor, 
to  use  my  influence  in  correcting  this  state  of 
things.  I  replied,  substantially,  that  I  was  con 
fident  that  he  was  misinformed ;  that  I  was  sure, 
whatever  estimate  the  army  of  the  Potomac  might 
entertain  of  General  Pope,  that  they  would  obey 
his  orders,  support  him  to  the  fullest  extent,  and 
do  their  whole  duty.  The  President,  who  was 
much  moved,  asked  me  to  telegraph  to  "  Fitz- 
John  Porter,  or  some  other  of  my  friends,"  and 
try  to  do  away  with  any  feeling  that  might  exist ; 
adding,  that  I  could  rectify  the  evil,  and  that  no 
one  else  could. 

I  thereupon  told  him  that  I  would  cheerfully 
telegraph  to  General  Porter,  or  do  any  thing  else 
in  my  power  to  gratify  his  wishes  and  relieve 
his  anxiety ;  upon  which  he  thanked  me  very 
warmly,  assured  me  that  he  could  never  forget 
my  action  in  the  matter,  etc.,  and  left. 

I  then  wrote  the  following  telegram  to  General 
Porter,  which  was  sent  to  him  by  the  General- 
in-Chief: 

WASHINGTON,  September  1, 1862. 

I  ask  of  you,  for  my  sake,  that  of  the  country, 
and  the  old  army  of  the  Potomac,  that  you  and 
all  my  friends  will  lend  the  fullest  and  most  cor 
dial  cooperation  to  General  Pope,  in  all  the  oper 
ations  now  going  on.  The  destinies  of  our 
country,  the  honor  of  our  arms,  are  at  stake,  and 
all  depends  now  upon  the  cheerful  cooperation 
of  all  in  the  field.  This  week  is  the  crisis  of  our 
fate.  Say  the  same  thing  to  my  friends  in  the 
army  of  the  Potomac,  and  that  the  last  request  I 
have  to  make  of  them  is,  that,  for  their  country's 
sake,  they  will  extend  to  General  Pope  the  same 
support  they  ever  have  to  me. 

I  am  in  charge  of  the  defences  of  Washington, 
and  am  doing  all  I  can  to  render  your  retreat 
safe,  should  that  become  necessary. 

GEO.  B.  McCLELLAN. 

Major-General  PORTER. 

To  which  he  sent  the  following  reply : 

FAIRFAX  COURT-HOUSE,  10  A.M.,  I 
September  2,  1862.      ) 

You  may  rest  assured  that  all  your  friends,  as 
well  as  every  lover  of  his  country,  will  ever  give, 
as  they  have  given,  to  General  Pope  their  cordial 
cooperation  and  constant  support  in  the  execution 
of  all  orders  and  plans.  Our  killed,  wounded, 
and  enfeebled  troops  attest  our  devoted  duty. 

F.  J.  PORTER. 

General  GEORGE  B.  MCCLELLAN, 

Major-General  Commanding,  Washington. 
Neither  at  the  time  I  wrote  the  telegram,  nor 
at  any  other  time,  did  I  think  for  one  moment 


that  General  Porter  had  been,  or  would  be,  in 
any  manner  derelict  in  the  performance  of  his 
duty  to  the  nation  and  its  cause.  Such  an  im 
pression  never  entered  my  mind.  The  despatch 
in  question  was  written  purely  at  the  request  of 
the  President. 

On  the  morning  of  the  second  the  President 
and  General  Halleck  came  to  my  house,  when 
the  President  informed  me  that  Colonel  Kelton 
had  returned  from  the  front ;  that  our  affairs  were 
in  a  bad  condition ;  that  the  army  was  in  full  re 
treat  upon  the  defences  of  Washington  ;  the  roads 
filled  with  stragglers,  etc.  He  instructed  me  to 
take  steps  at  once  to  stop  and  collect  the  strag 
glers  ;  to  place  the  works  in  a  proper  state  of  de 
fence,  and  to  go  out  to  meet  and  take  command 
of  the  army,  when  it  approached  the  vicinity  of 
of  the  works,  then  to  place  the  troops  in  the  best 
position — committing  every  thing  to  my  hands. 

I  immediately  took  steps  to  carry  out  these 
orders,  and  sent  an  aid  to  General  Pope  with  the 
following  letter : 

HEADQUARTERS,  WASHINGTON,  ) 
September  2,  1S62.      ) 

GENERAL  :  General  Halleck  instructed  me  to 
report  to  you  the  order  he  sent  this  morning  to 
withdraw  your  army  to  Washington,  without  un 
necessary  delay.  He  feared  that  his  messenger 
might  miss  you,  and  desired  to  take  this  double 
precaution. 

In  order  to  bring  troops  upon  ground  with 
which  they  are  already  familiar,  it  would  be  best 
to  move  Porter's  corps  upon  Upton's  Hill,  that  it 
may  occupy  Hall's  Hill,  etc. ;  McDowell's,  to  Up 
ton's  Hill ;  Franklin's,  to  the  works  in  front  of 
Alexandria ;  Heintzelman's,  to  the  same  vicinity ; 
Couch,  to  Fort  Corcoran,  or,  if  practicable,  to  the 
Chain  Bridge ;  Sumner,  either  to  Fort  Albany  or 
to  Alexandria,  as  may  be  most  convenient. 

In  haste,  General,  very  truly  yours, 

GEO.  B.  McCLELLAN, 

Major-General  United  States  Army. 

Major-General  JOHN  POPE, 

Commanding  Army  of  Viginia. 

In  the  afternoon  I  crossed  the  Potomac  and 
rode  to  the  front,  and  at  Upton's  Hill  met  the 
advance  of  McDowell's  corps,  and  with  it  Gene 
rals  Pope  and  McDowell.  After  getting  what  in 
formation  I  could  from  them,  I  sent  the  few  aids 
at  my  disposal  to  the  left  to  give  instructions  to 
the  troops  approaching  in  the  direction  of  Alex 
andria  ;  and  hearing  artillery  firing  in  the  direction 
of  the  Vienna  and  Langley  road,  by  which  tho 
corps  of  Sumner,  Porter,  and  Sigel  were  return 
ing,  and  learning  from  General  Pope  that  Sum 
ner  was  probably  engaged,  I  went,  with  a  single 
aid  and  three  orderlies,  by  the  shortest  line  to 
meet  that  column.  I  reached  the  column  after 
dark,  and  proceeded  as  far  as  Lewinsville,  where 
I  became  satisfied  that  the  rear  corps  (Simmer's) 
would  be  able  to  reach  its  intended  position  with- 
out  any  serious  molestation. 

I  therefore  indicated  to  Generals  Porter  and 
Sigel  the  positions  they  were  to  occupy,  sent  in 
structions  to  General  Sumner,  and  at  a  late  hour 
of  the  night  returned  to  Washington. 


618 


REBELLION  RECORD,  1862-63. 


Next  day  I  rode  to  the  front  of  Alexandria, 
and  was  engaged  in  rectifying  the  positions  of  the 
troops,  and  giving  orders  necessary  to  secure  the 
issuing  of  the  necessary  supplies,  etc. 

I  felt  sure  on  this  day  that  we  could  repulse 
any  attack  made  by  the  enemy  on  the  south  side 
of  the  Potomac. 

On  the  third  the  enemy  had  disappeared  from 
the  front  of  Washington,  and  the  information 
which  I  received  induced  me  to  believe  that  he 
intended  to  cross  the  Upper  Potomac  into  Mary 
land.  This  materially  changed  the  aspect  of  af 
fairs,  and  enlarged  the  sphere  of  operations  ;  for, 
in  case  of  a  crossing  in  force,  an  active  campaign 
would  be  necessary  to  cover  Baltimore,  prevent 
the  invasion  of  Pennsylvania,  and  clear  Maryland. 

I  therefore,  on  the  third,  ordered  the  Second 
and  Twelfth  corps  to  Tenallytown,  and  the  Ninth 
corps  to  a  point  on  the  Seventh  street  road  near 
Washington,  and  sent  such  cavalry  as  was  avail 
able  to  the  fords  near  Poolesville,  to  watch  and 
impede  the  enemy  in  any  attempt  to  cross  in  that 
vicinity. 

On  September  fifth,  the  Second  and  Twelfth 
corps  were  moved  to  Rockville,  and  Couch's  divi 
sion  (the  only  one  of  the  Fourth  corps  that  had 
been  brought  from  the  Peninsula)  to  Offut's 
Cross-Roads. 

On  the  sixth,  the  First  and  Ninth  corps  were 
ordered  to  Leesburgh ;  the  Sixth  corps,  and 
Sykes's  division  of  the  Fifth  corps,  to  Tenally 
town. 

On  the  seventh,  the  Sixth  corps  was  advanced 
to  Rockville,  to  which  place  my  headquarters 
were  moved  on  the  same  day. 

All  the  necessary  arrangements  for  the  defence 
of  the  city,  under  the  new  condition  of  things, 
had  been  made,  and  General  Banks  was  left  in 
command,  having  received  his  instructions  from 
me. 

It  will  be  seen  from  what  has  preceded  that  I 
lost  no  time  that  could  be  avoided  in  moving  the 
army  of  the  Potomac  from  the  Peninsula  to  the 
support  of  the  army  of  Virginia ;  that  I  spared 
no  effort  to  hasten  the  embarkation  of  the  troops 
at  Fort  Monroe,  Newport  News,  and  Yorktown, 
remaining  at  Fort  Monroe  myself  until  the  mass 
of  the  army  had  sailed ;  and  that,  after  my  ar 
rival  at  Alexandria,  I  left  nothing  in  my  power 
undone  to  forward  supplies  and  reinforcements 
to  General  Pope.  I  sent,  with  the  troops  that 
moved,  all  the  cavalry  I  could  get  hold  of.  Even 
my  personal  escort  was  sent  out  upon  the  line 
»f  the  railway  as  a  guard,  with  the  provost  and 
camp-guards  at  headquarters,  retaining  less  than 
one  hundred  men,  many  of  whom  were  orderlies, 
invalids,  members  of  bands,  etc.  All  the  head 
quarters  teams  that  arrived  were  sent  out  with 
supplies  and  ammunition,  none  being  retained 
even  to  move  the  headquarters  camp.  The 
squadron  that  habitually  served  as  my  personal 
escort  was  left  at  Falmouth  with  General  Burn- 
side,  as  he  was  deficient  in  cavalry. 

I  left  Washington  on  the  seventh  of  Septem 
ber  At  this  time  it  was  known  that  the  mass 


Of  the  rebel  army  had  passed  up  the  south  sidd 
of  the  Potomac  in  the  direction  of  Leesburgh, 
and  that  a  portion  of  that  army  had  crossed  into 
Maryland  ;  but  whether  it  was  their  intention  to 
cross  their  whole  force  with  a  view  to  turn  Wash 
ington  by  a  flank  movement  down  the  north 
bank  of  the  Potomac,  to  move  on  Baltimore,  or 
to  invade  Pennsylvania,  were  questions  which, 
at  that  time,  we  had  no  means  of  determining. 
This  uncertainty  as  to  the  intentions  of  the  ene 
my  obliged  me,  up  to  the  thirteenth  of  Septem 
ber,  to  march  cautiously  and  to  advance  the  army 
in  such  order  as  continually  to  keep  Washington 
and  Baltimore  covered,  and  at  the  same  time  to 
hold  the  troops  well  in  hand  so  as  to  be  able  to 
concentrate  and  follow  rapidly  if  the  enemy  took 
the  direction  of  Pennsylvania ;  or  to  return  to 
the  defence  of  Washington,  if,  as  was  greatly 
feared  by  the  authorities,  the  enemy  should  be 
merely  making  a  feint  with  a  small  force  to  draw 
off  our  army,  while  with  their  main  forces  they 
stood  ready  to  seize  the  first  favorable  oppor 
tunity  to  attack  the  capital. 

In  the  mean  time  the  process  of  reorganization, 
rendered  necessary  after  the  demoralizing  effects 
of  the  disastrous  campaign  upon  the  other  side  of 
the  Potomac,  was  rapidly  progressing  ;  the  troops 
were  regaining  confidence,  and  their  former  sol 
dierly  appearance  and  discipline  were  fast  return 
ing.  My  cavalry  was  pushed  out  continually  in 
all  directions,  and  all  possible  steps  were  taken 
to  learn  the  positions  and  movements  of  the  en 
emy. 

The  following  table  shows  the  movements  of 
the  army,  from  day  to  day,  up  to  the  fourteenth 
of  September :  (See  page  619.) 

The  right  wing,  consisting  of  the  First  and 
Ninth  corps,  under  the  command  of  Major-Gen 
eral  Burnside,  moved  on  Frederick ;  the  First 
corps  via  Brooksville,  Cooksville,  and  Ridgeville, 
and  the  Ninth  corps  via  Damascus  and  New- 
Market. 

The  Second  and  Twelfth  corps,  forming  the 
centre,  under  the  command  of  General  Sumner, 
moved  on  Frederick  ;  the  former  via  Clarksburgh 
and  Urbana,  the  Twelfth  corps  on  a  lateral  road 
between  Urbana  and  New-Market,  thus  main 
taining  the  communication  with  the  right  wing, 
and  covering  the  direct  road  from  Frederick  to 
Washington.  The  Sixth  corps,  under  the  com 
mand  of  General  Franklin,  moved  to  Buckeys- 
town  via  Darnestown,  Dawsonville,  and  Barnes- 
ville,  covering  the  road  from  the  mouth  of  the 
Monocacy  to  Rockville,  and  being  in  a  position 
to  connect  with  and  support  the  centre,  should  it 
have  been  necessary  (as  was  supposed)  to  force 
the  line  of  the  Monocacy. 

Couch's  division  moved  by  the  "  river  road," 
covering  that  approach,  watching  the  fords  of  the 
Potomac,  and  ultimately  following  and  support 
ing  the  Sixth  corps. 

The  following  extracts  from  telegrams,  received 
by  me  after  my  departure  from  Washington,  will 
show  how  little  was  known  there  about  the  ene 
my's  movements,  and  the  fears  which  were  en- 


DOCUMENTS. 


610 


tertained  for  the  safety  of  the  capital.  On  the 
ninth  of  September,  General  Halleck  telegraphed 
me  as  follows : 

"Until  we  can  get  better  advices  about  the 
numbers  of  the  enemy  at  Drainsville,  I  think  we 


must  be  very  cautious  about  stripping,  too  much, 
the  forts  on  the  Virginia  side.  It  may  be  the 
enemy's  object  to  draw  off  the  mass  of  our  forces 
and  then  attempt  to  attack  from  the  Virginia  side 
of  the  Potomac.  Think  of  this." 


September  4. 

September  6. 

September  9. 

September  10. 

BCRNSIDK. 

Ninth  corps,  Reno,  

Seventh  street  road  .  .  . 

Brookville  

8UMNER. 

Upton  Hill  

Leesburgh  

Rockville 

Brookville  

Middleburgh 

Tenallytown  

Rockville  

Middleburgh     . 

FRANKLIN. 

Alex  Seminary  

Tenallytown    

Darnestown 

Barnesville 

Offut's  Cross-  Roada.. 

Mouth  of  Seneca  

Poolesville 

Tenallytown  

Rockville  . 

Rockville 

September  11. 

September  12. 

September  13. 

September  14. 

BURNSIDB. 

New-Market  

Frederick  

Middleburgh 

Ridgeville    New-Mar 

Frederick 

SUMNER. 

Twelfth  corps  Williams  

ket,    camp    on  the 
Monocacy, 

Ijamsville  Cross-Roads 

Frederick  

South-Mountain. 

Clarksburgh  

Urbana  

Frederick 

South-Mountain. 

FRANKLIN. 

Barnesville  

Licken  well  Cross-Road. 

Buckeystown  . 

Burkettsville 

Couch's  division,  

Sykes's  division 

Poolesville  
Middleburgh     

Barnesville  
Urbana  

Sicksville  

Frederick 

Burkettsville. 
Middletown 

Again,  on  the  eleventh  of  September,  General 
Halleck  telegraphed  me  as  follows  : 

"  Why  not  order  forward  Keyes  or  Sigel  ?  I 
think  the  main  force  of  the  enemy  is  in  your 
front ;  more  troops  can  be  spared  from  here." 

This  despatch,  as  published  by  the  Committee 
on  the  Conduct  of  the  War,  and  furnished  by  the 
General-in-Chief,  reads  as  follows : 

"Why  not  order  forward  Porter's  corps  or 
Sigel' s  ?  If  the  main  force  of  the  enemy  is  in 
your  front,  more  troops  can  be  spared  from 
here." 

I  remark  that  the  original  despatch,  as  re 
ceived  by  me  from  the  telegraph  operator,  is  in 
the  words  quoted  above,  "/  think  the  main 
force  of  the  enemy"  etc. 

In  accordance  with  this  suggestion,  I  asked, 
on  the  same  day,  that  all  the  troops  that  could 
be  spared  should  at  once  be  sent  to  reenforce  me, 
but  none  came. 

On  the  twelfth  I  received  the  following  tele 
gram  from  his  Excellency  the  President :  "  Gov 
ernor  Curtin  telegraphs  me:  'I  have  advices  that 
Jackson  is  crossing  the  Potomac  at  Williams- 
port,  and  probably  the  whole  rebel  army  will  be 
drawn  from  Maryland.'  "  The  President  adds : 
"Receiving  nothing  from  Harper's  Ferry  or  Mar 
tin  sburgh  to-day,  and  positive  information  from 


Wheeling  that  the  line  is  cut,  corroborates  the 
idea  that  the  enemy  is  re- crossing  the  Potomac. 
Please  do  not  let  him  get  off  without  being  hurt." 

On  the  thirteenth  General  Halleck  telegraphed 
as  follows  :  "Until  you  know  more  certainly  the 
enemy's  force  south  of  the  Potomac,  you  are 
wrong  in  thus  uncovering  the  capital.  I  am  of 
the  opinion  that  the  enemy  will  send  a  small 
column  toward  Pennsylvania  to  draw  your  forces 
in  that  direction,  then  suddenly  move  on  Wash 
ington  with  the  forces  south  of  the  Potomac  and 
those  he  may  cross  over."  Again,  on  the  four 
teenth,  General  Halleck  telegraphed  me  that 
"  scouts  report  a  large  force  still  on  the  Virginia 
side  of  the  Potomac.  If  so,  I  fear  you  are  ex 
posing  your  left  and  rear." 

Again,  as  late  as  the  sixteenth,  after  we  had 
the  most  positive  evidence  that  Lee's  entire  army 
was  in  front  of  us,  I  received  the  following  : 

WAB  DEPARTMENT,  September  16, 1S62 — 12.8  P.M. 
Yours  of  seven  A.M.  is  this  moment  received. 
As  you  give  me  no  information  in  regard  to  the 
position  of  your  forces,  except  that  at  Sharps- 
burgh,  of  course  I  cannot  advise.  I  think,  how 
ever,  you  will  find  that  the  whole  force  of  the 
enemy  in  your  front  has  crossed  the  river  ;  I  fear 
now  more  than  ever  that  they  will  re-cross  at 


820 


REBELLION   RECORD,  1862-68. 


Harper's  Ferry,  or  below,  and  turn  your  left, 
thus  cutting  you  off  from  Washington.  This 
has  appeared  to  me  to  be  a  part  of  their  plan, 
and  hence  my  anxiety  on  the  subject ;  a  heavy 
rain  might  prevent  it  H.  AY.  HALLECK, 

General-in-Chief. 

Major-General  MCCLKLLAN. 

The  importance  of  moving  with  all  due  cau 
tion,  so  as  not  to  uncover  the  national  capital 
until  the  enemy's  position  and  plans  were  devel 
oped,  was,  I  believe,  fully  appreciated  by  me ; 
and  as  my  troops  extended  from  the  Baltimore 
and  Ohio  Railroad  to  the  Potomac,  with  the  ex 
treme  left  flank  moving  along  that  stream,  and 
with  strong  pickets  left  in  rear  to  watch  and 
guard  all  the  available  fords,  I  did  not  regard  my 
left  or  rear  as  in  any  degree  exposed.  But  it 
appears  from  the  foregoing  telegrams  that  the 
General-in-Chief  was  of  a  different  opinion,  and 
that  my  movements  were,  in  his  judgment,  too 
precipitate,  not  only  for  the  safety  of  Washing 
ton,  but  also  for  the  security  of  my  left  and  rear. 

The  precise  nature  of  these  daily  injunctions 
against  a  precipitate  advance  may  now  be  per 
ceived.  The  General-in-Chief,  in  his  testimony 
before  the  Committee  on  the  Conduct  of  the  War, 
says :  "  In  respect  to  General  McClellan  going 
too  fast  or  too  slow  from  Washington,  there  can 
be  found  no  such  telegram  from  me  to  him.  He 
has  mistaken  the  meaning  of  the  telegrams  I  sent 
him.  I  telegraphed  him  that  he  was  going  too 
far,  not  from  Washington,  but  from  the  Potomac, 
eaving  General  Lee  the  opportunity  to  come 
down  the  Potomac  and  get  between  him  and 
Washington.  I  thought  General  McClellan 
should  keep  more  on  the  Potomac,  and  press 
forward  his  left  rather  than  his  right,  so  as  the 
more  readily  to  relieve  Harper's  Ferry." 

As  I  can  find  no  telegram  from  the  General-in- 
Chief  recommending  me  to  keep  my  left  flank 
nearer  the  Potomac,  I  am  compelled  to  believe 
that  when  he  gave  this  testimony  he  had  forgot 
ten  the  purport  of  the  telegrams  above  quoted, 
and  had  also  ceased  to  remember  the  fact,  well 
known  to  him  at  the  time,  that  my  left,  from 
the  time  I  left  Washington,  always  rested  on 
the  Potomac,  and  my  centre  was  continually  in 
position  to  reenforce  the  left  or  right,  as  occasion 
might  require.  Had  I  advanced  my  left  flank 
along  the  Potomac  more  rapidly  than  the  other 
columns  marched  upon  the  roads  to  the  right,  I 
should  have  thrown  that  flank  out  of  supporting 
distance  of  the  other  troops  and  greatly  exposed 
it.  And  if  I  had  marched  the  entire  army  in  one 
column  along  the  bank  of  the  river  instead  of 
upon  five  different  parallel  roads,  the  column, 
with  its  trains,  would  have  extended  about  fifty 
miles,  and  the  enemy  might  have  defeated  the 
advance  before  the  rear  could  have  reached  the 
scene  of  action.  Moreover,  such  a  movement 
would  have  uncovered  the  communications  with 
Baltimore  and  Washington  on  our  right,  and  ex 
posed  our  right  and  rear.  I  presume  it  will  be 
admitted  by  every  military  man  that  it  was  ne 
cessary  to  move  the  army  in  such  order  that  it 


could  at  any  time  be  concentrated  for  battle ;  and 
I  am  of  opinion  that  this  object  could  not  have 
been  accomplished  in  any  other  way  than  the 
one  employed.  Any  other  disposition  of  our 
forces  would  have  subjected  them  to  defeat  in 
detached  fragments. 

On  the  tenth  of  September  I  received  from  my 
scouts  information  which  rendered  it  quite  proba 
ble  that  General  Lee's  army  was  in  the  vicinity 
of  Frederick,  but  whether  his  intention  was  to 
move  toward  Baltimore  or  Pennsylvania  was  not 
then  known.  On  the  eleventh,  I  ordered  Gene 
ral  Burnside  to  push  a  strong  reconnoissance 
across  the  National  road  and  the  Baltimore  and 
Ohio  Railroad,  toward  New-Market,  and,  if  he 
learned  that  the  enemy  had  moved  toward  Ha- 
gerstown,  to  press  on  rapidly  to  Frederick,  keep 
ing  his  troops  constantly  ready  to  meet  the  ene 
my  in  force.  A  corresponding  movement  of  all 
the  troops  in  the  centre  and  on  the  left  was  or 
dered  in  the  direction  of  Urbana  and  Poolesville. 

On  the  twelfth,  a  portion  of  the  right  wing  en 
tered  Frederick,  after  a  brief  skirmish  at  the  out 
skirts  of  the  city  and  in  the  streets. 

On  the  thirteenth,  the  main  bodies  of  the  right 
wing  and  centre  passed  through  Frederick.  It 
was  soon  ascertained  that  the  main  body  of  the 
enemy's  forces  had  marched  out  of  tha  city  on 
the  two  previous  days,  taking  the  roads  to  Boons- 
boro  and  Harper's  Ferry,  thereby  rendering  it 
necessary  to  force  the  passes  through  the  Catoc- 
tin  and  South-Mountain  ridges,  and  gain  posses 
sion  of  Boonsboro  and  Rohrersville  before  any 
relief  could  be  extended  to  Colonel  Miles  at  Har 
per's  Ferry. 

On  the  thirteenth,  an  order  fell  into  my  hands, 
issued  by  General  Lee,  which  fully  disclosed  his 
plans,  and  I  immediately  gave  orders  for  a  rapid 
and  vigorous  forward  movement. 

The  following  is  a  copy  of  the  order  referred 
to: 

SPECIAL  ORDERS,  No.  119. 

HEADQUARTERS  ARMY  OF  NORTHERN  VIRQIMA,  ) 
September  9,  1862.  ) 

The  army  will  resume  its  march  to-morrow, 
taking  the  Hagerstown  road.  General  Jackson's 
command  will  form  the  advance,  and,  after  pass 
ing  Middletown,  with  such  portion  as  he  may  se 
lect,  take  the  route  toward  Sharpsburgh,  cross 
the  Potomac  at  the  most  convenient  point,  and 
by  Friday  night  take  possession  of  the  Baltimore 
and  Ohio  Railroad,  capture  such  of  the  enemy  as 
may  be  at  Martinsburgh,  and  intercept  such  as 
may  attempt  to  escape  from  Harper's  Ferry. 

General  Longstreet's  command  will  pursue  the 
same  road  as  far  as  Boonsboro,  where  it  will  halt 
with  the  reserve,  supply  and  baggage  trains  of 
the  army. 

General  McLaws,  with  his  own  division  and 
that  of  General  R.  H.  Anderson,  will  follow  Gen 
eral  Longstreet ;  on  reaching  Middletown,  he  will 
take  the  route  to  Harper's  Ferry,  and,  by  Friday- 
morning,  possess  himself  of  the  Maryland  Heights, 
and  endeavor  to  capture  the  enemy  at  Harper's 
Ferry  and  vicinity. 


DOCUMENTS. 


621 


General  Walker,  with  his  division,  after  accom 
plishing  the  object  in  which  he  is  now  engaged, 
will  cross  the  Potomac  at  Cheek's  Ford,  ascend 
its  right  bank  to  Lovettsville,  take  possession  of 
Loudon  Heights,  if  practicable,  by  Friday  morn 
ing  ;  Keys's  Ford  on  his  left,  and  the  road  be 
tween  the  end  of  the  mountain  and  the  Potomac 
on  his  right.  He  will,  as  far  as  practicable,  coop 
erate  with  General  McLaws  and  General  Jackson 
in  intercepting  the  retreat  of  the  enemy. 

General  D.  H.  Hill's  division  will  form  the 
rear-guard  of  the  army,  pursuing  the  road  taken 
by  the  main  body.  The  reserve  artillery,  ord 
nance  and  supply  trains,  etc.,  will  precede  Gene 
ral  Hill. 

General  Stuart  will  detach  a  squadron  of  cav 
alry  to  accompany  the  commands  of  General 
Longstreet,  Jackson,  and  McLaws,  and,  with  the 
main  body  of  the  cavalry,  will  cover  the  route  of 
the  army,  and  bring  up  all  stragglers  that  may 
have  been  left  behind. 

The  commands  of  Generals  Jackson,  McLaws, 
and  Walker,  after  accomplishing  the  objects  for 
which  they  have  been  detached,  will  join  the 
main  body  of  the  army  at  Boonsboro  or  Hagers- 
town. 

Each  regiment  on  the  march  will  habitually 
carry  its  axes  in  the  regimental  ordnance  wagons, 
for  use  of  the  men  at  their  encampments,  to  pro 
cure  wood,  etc, 

By  command  of  General  R.  E.  LEE. 

R.  H.  CHILTON, 

Assistant  Adjutant-General. 

Major-General  D.  H.  Hill, 

Commanding  Division. 

In  the  report  of  a  military  commission,  of  which 
Major- General  D.  Hunter  was  President,  which 
convened  at  Washington  for  the  purpose  of  in 
vestigating  the  conduct  of  certain  officers  in  con 
nection  with  the  surrender  of  Harper's  Ferry,  I 
find  the  following : 

u  The  commission  has  remarked  freely  on  Colo 
nel  Miles,  an  old  officer,  who  has  been  killed  in 
the  service  of  his  country,  and  it  cannot,  from 
any  motives  of  delicacy,  refrain  from  censuring 
those  in  high  command  when  it  thinks  such  cen 
sure  deserved. 

"  The  General-in-Chief  has  testified  that  General 
McClellan,  after  having  received  orders  to  repel 
the  enemy  invading  the  State  of  Maryland,  march 
ed  only  six  miles  per  day,  on  an  average,  when 
pursuing  this  invading  army. 

"The  General-in-Chief  also  testifies  that,  in  his 
opinion,  he  could  and  should  have  relieved  and 
protected  Harper's  Ferry,  and  in- this  opinion  the 
commission  fully  concur." 

I  have  been  greatly  surprised  that  this  com 
mission,  in  its  investigations,  never  called  upon 
me,  nor  upon  any  officer  of  my  staff,  nor,  so  far 
as  I  know,  upon  any  officer  of  the  army  of  the 
Potomac  able  to  give  an  intelligent  statement  of 
the  movements  of  that  army.  But  another  para 
graph  in  the  same  report  makes  testimony  from 
such  sources  quite  superfluous.  It  is  as  follows  : 

"  By  a  reference  to  the  evidence  it  will  be  seen 
that  at  the  very  moment  Colonel  Ford  abandoned 

SUP.  Doc.  40 


Maryland  Heights,  his  little  army  was  in  reality 
relieved  by  Generals  Franklin's  and  Sumner's 
corps  at  Crampton's  Gap,  within  seven  miles  of 
his  position." 

The  corps  of  Generals  Franklin  and  Sumner 
were  a  part  of  the  army  which  I  at  that  time  had 
the  honor  to  command,  and  they  were  acting  un 
der  my  orders  at  Crampton's  Gap  and  elsewhere ; 
and  if,  as  the  commission  states,  Colonel  Ford's 
"little  army  was  in  reality  relieved"  by  those 
officers,  it  was  relieved  by  me. 

I  had,  on  the  morning  of  the  tenth,  sent  the 
following  despatch  in  relation  to  the  command  at 
Harper's  Ferry : 

CAMP  NEAR  ROCKVILLB,        } 

September  10, 1862—9.45  A.M.  f 

Colonel  Miles  is  at  or  near  Harper's  Ferry,  as  I 
understand,  with  nine  thousand  troops.  He  can 
do  nothing  where  he  is,  but  could  be  of  great 
service  if  ordered  to  join  me.  I  suggest  that  he 
be  ordered  to  join  me  by  the  most  practicable 
route.  GEORGE  B.  MCCLELLAN, 

Major-General. 

Major-General  HALLECK,  Washington,  D.  C. 
To  this  I  received  the  following  reply  : 

There  is  no  way  for  Colonel  Miles  to  join  you 
at  present ;  his  only  chance  is  to  defend  his  works 
till  you  can  open  communication  with  him. 

H.  W.  HALLECK, 

GEORGE  B.  MCCLELLAN, 

Major-General. 

It  seems  necessary,  for  a  distinct  understand 
ing  of  this  matter,  to  state  that  I  was  directed  on 
the  twelfth  to  assume  command  of  the  garrison 
of  Harper's  Ferry  as  soon  as  I  should  open  com 
munications  with  that  place,  and  that  when  I  re 
ceived  this  order  all  communication  from  the  di 
rection  in  which  I  was  approaching  was  cut  off. 
Up  to  that  time,  however,  Colonel  Miles  could,  in 
my  opinion,  have  marched  his  command  into 
Pennsylvania,  by  crossing  the  Potomac  at  Wil- 
liamsport  or  above ;  and  this  opinion  was  con 
firmed  by  the  fact  that  Colonel  Davis  marched 
the  cavalry  part  of  Colonel  Miles's  command  from 
Harper's  Ferry  on  the  fourteenth^taking  the  main 
road  to  Hagerstown,  and  he  encountered  no  ene 
my  except  a  small  picket  near  the  mouth  of  the 
Antietam. 

Before  I  left  Washington,  and  when  there  cer 
tainly  could  have  been  no  enemy  to  prevent  the 
withdrawal  of  the  forces  of  Colonel  Miles,  I  re 
commended  to  the  proper  authorities  that  the 
garrison  of  Harper's  Ferry  should  be  withdrawn 
via  Hagerstown,  to  aid  in  covering  the  Cumber 
land  Valley ;  or  that,  taking  up  the  pontoon-bridge 
and  obstructing  the  railroad  bridge,  it  should  fall 
back  to  the  Maryland  Heights,  and  there  hold  out 
to  the  last 

In  this  position  it  ought  to  have  maintained 
itself  for  many  days.  It  was  not  deemed  proper 
to  adopt  either  of  these  suggestions,  and  when 
the  matter  was  left  to  my  discretion  it  was  too 
late  for  me  to  do  any  thing  but  endeavoi  to  re 
lieve  the  garrison.  I  accordingly  directed  artil 
lery  to  be  fired  by  our  advance  at  frequent  inter- 


522 


REBELLION  RECORD,    1862-63. 


yals  as  a  signal  that  relief  was  at  hand.  This 
was  done,  and,  as  I  afterward  learned,  the  reports 
of  the  cannon  were  distinctly  heard  at  Harper's 
Ferry.  It  was  confidently  expected  that  Colonel 
Miles  would  hold  out  until  we  had  carried  the 
mountain  passes,  and  were  in  condition  to  send 
a  detachment  to  his  relief.  The  left  was  there 
fore  ordered  to  move  through  Crampton's  Pass 
in  front  of  Burkettsville,  while  the  centre  and 
right  marched  upon  Turner's  Pass  in  front  of 
Middletown. 

It  may  be  asked  by  those  who  are  not  ac 
quainted  with  the  topography  of  the  country  in 
the  vicinity  of  Harper's  Ferry,  why  Franklin,  in 
stead  of  marching  his  column  over  the  circuitous 
road  from  Jefferson  via  Burkettsville  and  Browns 
ville,  was  not  ordered  to  move  along  the  direct 
turnpike  to  Knoxville,  and  thence  up  the  river 
to  Harper's  Ferry. 

It  was  for  the  reason  that  I  had  received  in 
formation  that  the  enemy  were  anticipating  our 
approach  in  that  direction,  and  had  established 
batteries  on  the  south  side  of  the  Potomac  which 
commanded  all  the  approaches  to  Knoxville ; 
moreover  the  road  from  that  point  winds  directly 
along  the  river  bank  at  the  foot  of  a  precipitous 
mountain,  where  there  was  no  opportunity  of 
forming  in  line  of  battle,  and  where  the  enemy 
could  have  placed  batteries  on  both  sides  of  the 
river  to  enfilade  our  narrow  approaching  col 
umns. 

The  approach  through  Crampton's  Pass,  which 
debouches  into  Pleasant  Valley  in  rear  of  Mary 
land  Heights,  was  the  only  one  which  afforded 
any  reasonable  prospect  of  carrying  that  formi 
dable  position  ;  at  the  same  time,  the  troops  upon 
that  road  were  in  better  relation  to  the  main 
body  of  our  forces. 

On  the  morning  of  the  fourteenth  a  verbal 
message  reached  me  from  Colonel  Miles,  which 
was  the  first  authentic  intelligence  I  had  received 
as  to  the  condition  of  things  at  Harper's  Ferry. 
The  messenger  informed  me  that  on  the  preced 
ing  afternoon  Maryland  Heights  had  been  aban 
doned  by  our  troops  after  repelling  an  attack  of 
the  rebels,  and  that  Colonel  Miles's  entire  force 
was  concentrated  at  Harper's  Ferry,  the  Mary 
land,  Loudon,  and  Bolivar  Heights  having  been 
abandoned  by  him,  and  occupied  by  the  enemy. 
The  messenger  also  stated  that  there  was  no  ap 
parent  reason  for  the  abandonment  of  the  Mary 
land  Heights,  and  that  Colonel  Miles  instructed 
him  to  say  that  he  could  hold  out  with  certainty 
two  days  longer. 

I  directed  him  to  make  his  way  back,  if  pos 
sible,  with  the  information  that  I  was  approach 
ing  rapidly,  and  felt  confident  I  could  relieve  the 


On  the  same  afternoon  I  wrote  the  following 
letter  to  Colonel  Miles,  and  despatched  three 
copies  by  three  different  couriers  on  different 
routes.  I  did  not,  however,  learn  that  any  of 
these  men  succeeded  in  reaching  Harper's  Ferry : 

MIDDLETOWH,  September  14,  1862. 

COLONEL  :  The  army  is  being  rapidly  concen- 


trated  here.  "We  are  now  attacking  the  pass  on 
the  Hagerstown  road  over  the  Blue  Ridge.  A  col 
umn  is  about  attacking  the  Burkettsville  and 
Boonsboro  Pass.  You  may  count  on  our  mak 
ing  every  effort  to  relieve  you.  You  may  rely 
upon  my  speedily  accomplishing  that  object. 
Hold  out  to  the  last  extremity.  If  it  is  possible, 
reoccupy  the  Maryland  Heights  with  your  whole 
force.  If  you  can  do  that,  I  will  certainly  be 
able  to  relieve  you.  As  the  Catoctin  Valley  is 
in  our  possession,  you  can  safely  cross  the  river 
at  Berlin  or  its  vicinity,  so  far  as  opposition  on 
this  side  of  the  river  is  concerned.  Hold  out  to 
the  last.  GEOROE  B.  MCCLELLAN, 

Major-General  Commanding. 

Colonel  D.  S.  MILES. 

On  the  previous  day  I  had  sent  General  Frank 
lin  the  following  instructions : 

HEADQUARTERS  ARMY  or  THE  POTOM 
CAMP  NEAR  FREDERICK, 

September  13,  1S62-- 6.20  P.M. 

GENERAL  :  I  have  now  full  information  as  to 
movements  and  intentions  of  the  enemy.  Jack 
son  has  crossed  the  Upper  Potomac  to  capture 
the  garrison  at  Martinsburgh  and  cut  off  Miles's 
retreat  toward  the  West.  A  division  on  the 
south  side  of  the  Potomac  was  to  carry  Loudon 
Heights  and  cut  off  his  retreat  in  that  direction. 
McLaws  with  his  own  command  and  the  division 
of  R.  H.  Anderson  was  to  move  by  Boonsboro 
and  Rohrersville  to  carry  the  Maryland  Heights. 
The  signal  officers  inform  me  thtat  he  is  now  in 
Pleasant  Valley.  The  firing  shows  that  Miles 
still  holds  out.  Longstreet  was  to  move  to 
Boonsboro,  and  there  halt  with  the  reserve 
corps  ;  D.  H.  Hill  to  form  the  rear-guard ;  Stu 
art's  cavalry  to  bring  up  stragglers,  etc.  We 
have  cleared  out  all  the  cavalry  this  side  of  the 
mountains  and  north  of  us.  The  last  I  heard 
from  Pleasanton  he  occupied  Middletown,  after 
several  sharp  skirmishes.  A  division  of  Burn- 
side's  command  started  several  hours  ago  to  sup 
port  him.  The  whole  of  Burnside's  command, 
including  Hooker's  corps,  march  this  evening 
and  early  to-morrow  morning,  followed  by  the 
corps  of  Sumner  and  Banks,  and  Sykes's  divi 
sion,  upon  Boonsboro  to  carry  that  position. 
Couch  has  been  ordered  to  concentrate  his  divi 
sion  and  join  you  as  rapidly  as  possible.  With 
out  waiting  for  the  whole  of  that  division  to  join, 
you  will  move  at  daybreak  in  the  morning  by 
Jefferson  and  Burkettsville  upon  the  road  to 
Rohrersville.  I  have  reliable  information  that 
the  mountain  pass  by  this  road  is  practicable  for 
artillery  and  wagons.  If  this  pass  is  not  occu 
pied  by  the  enemy  in  force,  seize  it  as  soon  as 
practicable,  and  debouch  upon  Rohrersville  in 
order  to  cut  off  the  retreat  of  or  destroy  Mc- 
Law's  command.  If  you  find  this  pass  held  by 
the  enemy  in  large  force,  make  all  your  disposi 
tions  for  the  attack  and  commence  it  about  half 
an  hour  after  you  hear  severe  firing  at  the  pass 
on  the  Hagerstown  Pike,  where  the  main  body 
will  attack.  Having  gained  the  pass,  your  duty 
will  be  first  to  cut  off,  destroy,  or  capture  Me- 
Laws's  command  and  relieve  Colonel  Miles.  If 


DOCUMENTS. 


623 


you  effect  this,  you  will  order  him  to  join  you  at 
once  with  all  his  disposable  troops,  first  destroy 
ing  the  bridges  over  the  Potomac,  if  not  already 
done,  and,  leaving  a  sufficient  garrison  to  pre 
vent  the  enemy  from  passing  the  ford,  you  will 
then  return  by  Rohrersville  on  the  direct  road 
to  Boonsboro,  if  the  main  column  has  not  suc 
ceeded  in  its  attack.  If  it  has  succeeded,  take 
the  road  to  Rohrersville,  to  Sharpsburgh  and 
Williamsport,  in  order  either  to  cut  off  the  re 
treat  of  Hill  and  Longstreet  toward  the  Potomac, 
or  prevent  the  repassage  of  Jackson.  My  gen 
eral  idea  is  to  cut  the  enemy  in  two  and  beat  him 
in  detail.  I  believe  I  have  sufficiently  explained 
my  intentions.  I  ask  of  you,  at  this  important 
moment,  all  your  intellect  and  the  utmost  activ 
ity  that  a  general  can  exercise. 

GEORGE  B.  MC€LELLAN, 

Major-General  Commanding. 

Major-General  W.  B.  FRANKLIN, 

Commanding  Sixth  Corps. 

Again  on  the  fourteenth,  I  sent  him  the  fol 
lowing  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,      ) 
FREDERICK,  September  14,  1862—2  P.M.  f 

Your  despatch  of  half-past  twelve  just  received. 
Send  back  to  hurry  up  Couch.  Mass  your  troops 
and  carry  Burkettsville  at  any  cost.  We  shall 
have  strong  opposition  at  both  passes.  As  fast 
as  the  troops  come  up  I  will  hold  a  reserve  in 
readiness  to  support  you.  If  you  find  the  enemy 
in  very  great  force  at  any  of  these  passes  let  me 
know  at  once,  and  amuse  them  as  best  you  can 
so  as  to  retain  them  there.  In  that  event  I  will 
probably  throw  the  mass  of  the  army  on  the  pass 
in  front  of  here.  If  I  carry  that,  it  will  clear  the 
way  for  you,  and  you  must  follow  the  enemy  as 
rapidly  as  possible.  GEO.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  FRANKLIN. 

General  Franklin  pushed  his  corps  rapidly  for 
ward  toward  Crampton's  Pass,  and  at  about 
twelve  o'clock  on  the  fourteenth  arrived  at  Bur 
kettsville,  immediately  in  rear  of  which  he  found 
the  enemy's  infantry  posted  in  force  on  both 
sides  of  the  road,  with  artillery  in  strong  posi 
tions  to  defend  the  approaches  to  the  Pass.  Slo- 
cum's  division  was  formed  upon  the  right  of  the 
road  leading  through  the  Gap,  and  Smith's  upon 
the  left.  A  line  formed  of  Bartlett's  andTorbett's 
brigades,  supported  by  Newton,  whose  activity 
was  conspicuous,  advanced  steadily  upon  the 
enemy  at  a  charge  on  the  right.  The  enemy 
were  driven  from  their  position  at  the  base  of  the 
mountain,  where  they  were  protected  by  a  stone 
wall,  steadily  forced  back  up  the  slope  until  they 
reached  the  position  of  their  battery  on  the  road, 
well  up  the  mountain.  There  they  made  a  stand. 
They  were,  however,  driven  back,  retiring  their 
artillery  in  echelon  until,  after  an  action  of  three 
hours,  the  crest  was  gained,  and  the  enemy 
hastily  fled  down  the  mountain  on  the  other  side. 

On  the  left  of  the  road,  Brooks's  and  Irvin's 
brigades,  of  Smith's  division,  formed  for  the  pro 
tection  of  Slocum's  flank,  charged  up  the  moun 
tain  in  the  same  steady  manner,  driving  the 


enemy  before  them  until  the  crest  was  carried 
Four  hundred  prisoners  from  seventeen  different 
organizations,  seven  hundred  stand  of  arms,  one 
piece  of  artillery,  and  three  colors,  were  captured 
by  our  troops  in  this  brilliant  action.  It  was 
conducted  by  General  Franklin  in  all  its  details. 
These  details  are  given  in  a  report  of  General 
Franklin,  herewith  submitted,  and  due  credit 
awarded  to  the  gallant  officers  and  men  engaged. 

The  loss  in  General  Franklin's  corps  was  one 
hundred  and  fifteen  killed,  four  hundred  and  six 
teen  wounded,  and  two  missing.  The  enemy's 
loss  was  about  the  same.  The  enemy's  position 
was  such  that  our  artillery  could  not  be  used 
with  any  effect.  The  close  of  the  action  found 
General  Franklin's  advance  in  Pleasant  Valley  on 
the  night  of  the  fourteenth,  within  three  and  a 
half  miles  of  the  Point  on  Maryland  Heights 
where  he  might,  on  the  same  night  or  on  the 
morning  of  the  fifteenth,  have  formed  a  junc 
tion  with  the  garrison  of  Harper's  Ferry  had  it 
not  been  previously  withdrawn  from  Maryland 
Heights,  and  within  six  miles  of  Harper's  Ferry. 

On  the  night  of  the  fourteenth  the  following 
despatch  was  sent  to  General  Franklin  : 

BOLIVAR,  September  15—1  A.*. 

GENERAL:       

The  Commanding  General  directs  that  you  oc 
cupy,  with  your  command,  the  road  from  Rohrers 
ville  to  Harper's  Ferry,  placing  a  sufficient  force 
at  Rohrersville  to  hold  that  position  in  case  it 
should  be  attacked  by  the  enemy  from  Boons 
boro.  Endeavor  to  open  communication  with 
Colonel  Miles  at  Harper's  Ferry,  attacking  and 
destroying  such  of  the  enemy  as  you  may  find  in 
Pleasant  Valley.  Should  you  succeed  in  open 
ing  communication  with  Colonel  Miles,  direct 
him  to  join  you  with  his  whole  command,  with 
all  the  guns  and  public  property  that  he  can 
carry  with  him.  The  remainder  of  the  guns  will 
be  spiked  or  destroyed ;  the  rest  of  the  public 
property  will  also  be  destroyed.  You  will  then 
proceed  to  Boonsboro,  which  place  the  Com 
manding  General  intends  to  attack  to  morrow, 
and  join  the  main  body  of  the  army  at  that  place  ; 
should  you  find,  however,  that  the  enemy  have 
retreated  from  Boonsboro  toward  Sharpsburgh, 
you  will  endeavor  to  fall  upon  him  and  cut  off 
his  retreat. 

By  command  of  Major-General  McClellan. 
GEORGE  D.  RUGGLES, 

Colonel  and  Aid-de-Camp. 

General  FRANKLIN. 

On  the  fifteenth,  the  following  were  received 
from  General  Franklin  : 

AT  THE   FOOT  OF  MonNT  PLEASANT,  ) 

I>  PLEASANT  VALLEY,  THREE  MILES  FROM  ROHRERSTILLE,  V 
September  15— S.50  A.M.         \ 

GENERAL  :  My  command  started  at  daylight 
this  morning,  and  I  am  waiting  to  have  it  closed 
up   here.      General    Couch   arrived    about    ten 
o'clock  last  night.     I  have  ordered  one  of  his  f* 
brigades  and  one  battery  to  Rohrersville  or  to  / 
the  strongest  point  in  its  vicinity.     The  enemy 
is  drawn  up  in  line  of  battle  about  two  miles  to 


624 


REBELLION   RECORD,  1862-63. 


our  front,  one  brigade  in  sight.  As  soon  as  I  am 
sure  that  Rohrersville  is  occupied  I  shall  move 
forward  to  attack  the  enemy.  This  may  be  two 
hours  from  now.  If  Harper's  Ferry  has  fallen — 
and  the  cessation  of  firing  makes  me  fear  that  it 
has  —  it  is  my  opinion  that  I  should  be  strongly 
reenforced. 

TV.  B.  FRANKLIN, 

Major-General,  Commanding  Corps. 

General  G.  B.  MCCLELLAN. 

September  15 — 11  A.M. 

GENERAL  :  I  have  received  your  despatch  by1 
Captain  O'Keefe.  The  enemy  is  in  large  force 
in  my  front,  in  two  lines  of  battle  stretching 
across  the  valley,  and  a  large  column  of  artillery 
and  infantry  on  the  right  of  the  valley  looking 
toward  Harper's  Ferry.  They  outnumber  me 
two  to  one.  It  will  of  course  not  answer  to  pur 
sue  the  enemy  under  these  circumstances.  I 
shall  communicate  with  Burnside  as  soon  as  pos 
sible.  In  the  mean  time  I  shall  wait  here  until 
I  learn  what  is  the  prospect  of  re  enforcement.  I 
have  not  the  force  to  justify  an  attack  on  the 
force  I  see  in  front.  I  have  had  a  very  close 
view  of  it,  and  its  position  is  very  strong. 

Respectfully,  W.  B.  FRANKLIN, 

Major-General. 

General  G.  B.  MCCLELLAN,  Commanding. 

Colonel  Miles  surrendered  Harper's  Ferry  at 
eight  A.M.  on  the  fifteenth,  as  the  cessation  of  the 
firing  indicated,  and  General  Franklin  was  order 
ed  to  remain  where  he  was  to  watch  the  large 
force  in  front  of  him,  and  protect  our  left  and 
rear  until  the  night  of  the  sixteenth,  when  he 
was  ordered  to  join  the  main  body  of  the  army 
at  Keedysville,  after  sending  Couch's  division  to 
Maryland  Heights.  While  the  events  which 
have  just  been  described  were  taking  place  at 
Crampton's  Gap,  the  troops  of  the  centre  and 
right  wing,  which  had  united  at  Frederick  on  the 
thirteenth,  were  engaged  in  the  contest  for  the 
possession  of  Turner's  Gap. 

On  the  morning  of  the  thirteenth,  General 
Pleasanton  was  ordered  to  send  McRcynolds's 
brigade  and  a  section  of  artillery  in  the  direction 
of  Gettysburg!!,  and  Rush's  regiment  toward  Jef 
ferson  to  communicate  with  Franklin,  to  whom 
the  Sixth  United  States  cavalry  and  a  section  of 
artillery  had  previously  been  sent,  and  to  pro 
ceed  with  the  remainder  of  his  force  in  the  direc 
tion  of  Middletown  in  pursuit  of  the  enemy. 

After  skirmishing  with  the  enemy  all  the 
morning,  and  driving  them  from  several  strong 
positions,  he  reached  Turner's  Gap  of  the  South- 
Mountain  in  the  afternoon,  and  found  the  enemy 
in  force  and  apparently  determined  to  defend  the 
Pass.  He  sent  back  for  infantry  to  General 
Burnside,  who  had  been  directed  to  support 
him,  and  proceeded  to  make  a  reconnoissance  of 
the  position. 

The  South-Mountain  is  at  this  point  about  one 
thousand  feet  in  height,  and  its  general  direction 
is  from  north-east  to  south-west.  The  national 
road  from  Frederick  to  Hagerstown  crosses  it 


nearly  at  right  angles  through  Turner's  Gap,  a 
depression  which  is  some  four  hundred  feet  in 
depth. 

The  mountain  on  the  north  side  of  the  turn 
pike  is  divided  into  two  crests,  or  ridges,  by  a 
narrow  valley,  which,  though  deep  at  the  pass, 
becomes  a  slight  depression  at  about  a  mile  to  the 
north.  There  are  two  country  roads,  one  to  the 
right  of  the  turnpike  and  the  other  to  the  left, 
which  give  access  to  the  crests  overlooking  ihe 
main  road.  The  one  on  the  left,  called  the  "Old 
Sharpsburgh  road,"  is  nearly  parallel  to  and  about 
half  a  mile  distant  from  the  turnpike,  until  it 
reaches  the  crest  of  the  mountain,  when  it  bends 
off  to  the  left.  The  other  road,  called  the  "  Old 
Hagerstown  road,"  passes  up  a  ravine  in  the 
mountains  about  a  mile  from  the  turnpike,  and 
bending  to  the  left  over  and  along  the  first  crest, 
enters  the  turnpike  at  the  Mountain  House,  near 
the  summit  of  the  pass. 

On  the  night  of  the  thirteenth,  the  positions  of 
the  different  corps  were  as  follows  : 

Reno's  corps  at  Middletown,  except  Rodman's 
division  at  Frederick. 

Hooker's  corps  on  the  Monocacy,  two  miles  from 
Frederick. 

S umner's  corps  near  Frederick. 

Banks's  corps  near  Frederick. 

S}Tkes's  division  near  Frederick. 

Franklin's  corps  at  Buckeystown. 

Couch's  division  at  Licksville. 

The  orders  from  headquarters  for  the  march  on 
the  fourteenth  were  as  follows  : 

Thirteenth,  half-past  eleven  P.M. —  Hooker  to 
march  at  daylight  to  Middletown. 

Thirteenth,  half-past  eleven  P.M. — Sykcstomove 
at  six  A.M.  after  Hooker,  on  the  Middletown  and 
Hagerstown  road. 

Fourteenth,  one  A.M. — Artillery  reserve  to  fol 
low  Sykcs  closely. 

Thirteenth,  forty-five  minutes  past  eight  P.M.— 
Turner  to  move  at  seven  A.M. 

Fourteenth,  nine  A.M. — Stunner  ordered  to  take 
the  Shookstown  road  to  Middletown. 

Thirteenth,  forty-five  minutes  past  six  P.M. — 
Couch  ordered  to  move  to  Jefferson  with  his 
whole  division. 

On  the  fourteenth,  General  Pleasanton  contin 
ued  his  reconnoissance.  Gibson's  battery  and  af 
terward  Benjamin's  battery  (of  Reno's  corps)  were 
placed  on  high  ground  to  the  left  of  the  turnpike, 
and  obtained  a  direct  fire  on  the  enemy's  position 
in  the  gap. 

General  Cox's  division,  which  had  beun  order 
ed  up  to  support  General  Pleasanton,  left  its 
bivouac,  near  Middletown,  at  six  A.M.  The  First 
brigade  reached  the  scene  of  action  about  nine 
A.M.,  and  was  sent  up  the  old  Sharpsburgh  road 
by  General  Pleasanton  to  feel  the  enemy  and  as 
certain  if  he  held  the  crest  on  that  side  in  strong 
force.  This  was  soon  found  to  be  the  case ;  and 
General  Cox  having  arrived  with  the  other  bri 
gade,  and  information  having  been  received  from 
General  Reno  that  the  column  would  be  support 
ed  by  the  whole  corps,  the  division  was  ordered 
to  assault  the  position.  Two  twenty -pounder 


DOCUMENTS. 


625 


Parrottsof  Simmons's  battery  and  two  sections  of 
McMullan's  battery  were  left  in  the  rear  in  posi 
tion  near  the  turnpike,  where  they  did  good  ser 
vice  during  the  day  against  the  enemy's  batteries 
in  the  gap.  Colonel  Scammon's  brigade  was  de 
ployed,  and,  well  covered  by  skirmishers,  moved 
np  the  slope  to  the  left  of  the  road  with  the  ob 
ject  of  turning  the  enemy's  right,  if  possible.  It 
succeeded  in  gaining  the  crest  and  establishing 
itself  there,  in  spite  of  the  vigorous  efforts  of  the 
enemy,  who  was  posted  behind  stone  walls  and 
in  the  edges  of  timber,  and  the  fire  of  a  battery 
which  poured  in  canister  and  case-shot  on  the 
regiment  on  the  right  of  the  brigade.  Colonel 
Crooke's  brigade  marched  in  columns  at  support 
ing  distance.  A  section  of  McMullan's  battery, 
under  Lieutenant  Croome,  (killed  while  serving 
one  of  his  guns,)  was  moved  up  with  great  diffi 
culty,  and  opened  with  canister  at  very  short 
range  on  the  enemy's  infantry,  by  whom  (after 
having  done  considerable  execution)  it  was  soon 
silenced  and  forced  to  withdraw. 

One  regiment  of  Crooke's  brigade  was  now  de 
ployed  on  Scammon's  left,  and  the  other  two  in 
his  rear,  and  they  several  times  entered  the  first 
line  and  relieved  the  regiments  in  front  of  them 
when  hard  pressed.  A  section  of  Sumner's  bat 
tery  was  brought  up  and  placed  in  the  open  space 
in  the  woods,  where  it  did  good  service  during 
the  rest  of  the  day. 

The  enemy  several  times  attempted  to  retake 
the  crest,  advancing  with  boldness,  but  were  each 
time  repulsed.  They  then  withdrew  their  battery 
to  a  point  more  to  the  right,  and  formed  columns 
on  both  our  flanks.  It  was  now  about  noon,  and 
a  lull  occurred  in  the  contest  which  lasted  about 
two  hours,  during  which  the  rest  of  the  corps  was 
coming  up.  General  Wilcox's  division  was  the 
first  to  arrive.  When  he  reached  the  base  of  the 
mountain',  General  Cox  advised  him  to  consult 
General  Pleasanton  as  to  a  position.  The  latter 
indicated  that  on  the  right,  afterward  taken  up  by 
General  Hooker.  General  Wilcox  was  in  the  act 
of  moving  to  occupy  this  ground,  when  he  received 
an  order  from  General  Reno  to  move  up  the  old 
Sharpsburgh  road  and  take  a  position  to  its  right, 
overlooking  the  turnpike.  Two  regiments  were 
detached  to  support  General  Cox,  at  his  request. 
One  section  of  Cook's  battery  was  placed  in  po 
sition  near  the  turn  of  the  road,  (on  the  crest,) 
and  opened  fire  on  the  enemy's  batteries  across 
the  gap.  The  division  was  proceeding  to  deploy 
to  the  right  of  the  road,  when  the  enemy  sudden 
ly  opened  (at  one  hundred  and  fifty  yards)  with 
a  battery  which  enfiladed  the  road  at  this  point, 
drove  off  Cook's  cannoneers  with  their  limbers, 
and  caused  a  temporary  panic,  in  which  the  guns 
were  nearly  lost.  But  the  Seventy-ninth  New- 
York  and  Seventeenth  Michigan  promptly  rallied, 
changed  front  under  a  heavy  fire,  and  moved  out 
to  protect  the  guns  with  which  Captain  Cook  had 
remained.  Order  was  soon  restored,  and  the  di 
vision  formed  in  line  on  the  right  of  Cox,  and  was 
kept  concealed  as  much  as  possible  under  the  hill 
side  until  the  whole  line  advanced.  It  was  exposed 
noi  only  to  the  fire  of  the  battery  in  front,  but 


also  to  that  of  the  batteries  on  the  other  side  of 
the  turnpike,  and  lost  heavily. 

Shortly  before  this  time  Generals  Burnside  and 
Reno  arrived  at  the  base  of  the  mountain ;  and 
the  former  directed  the  latter  to  move  up  the  di 
visions  of  Generals  Sturgis  and  Rodman  to  the 
crest  held  by  Cox  and  Wilcox,  and  to  move  upon 
the  enemy's  position  with  his  whole  force  as  soon 
as  he  was  informed  that  General  Hooker  (who 
had  just  been  directed  to  attack  on  the  right)  was 
well  advanced  up  the  mountain. 

General  Reno  then  went  to  the  front  and  as 
sumed  the  direction  of  affairs,  the  positions  hav 
ing  been  explained  to  him  by  General  Pleasanton. 
Shortly  before  this  time  I  arrived  at  the  point  oc 
cupied  by  General  Burnside,  and  my  headquar 
ters  were  located  there  until  the  conclusion  of  the 
action.  General  Sturgis  had  left  his  camp  at  one 
P.M.,  and  reached  the  scene  of  action  about  half- 
past  three  P.M.  Clark's  battery,  of  his  division, 
was  sent  to  assist  Cox's  left,  by  order  of  General 
Reno,  and  two  regiments  (Second  Maryland  and 
Sixth  New-Hampshire)  were  detached  by  General 
Reno  and  sent  forward  a  short  distance  on  the 
left  of  the  turnpike.  His  division  was  formed  in 
rear  of  Wilcox's,  and  Rodman's  division  was  di 
vided  ;  Colonel  Fairchilds's  brigade  being  placed 
on  the  extreme  left,  and  Colonel  Harland's,  under 
General  Rodman's  personal  supervision,  on  the 
right. 

My  order  to  move  the  whole  line  forward  and 
take  or  silence  the  enemy's  batteries  in  front  was 
executed  with  enthusiasm.  The  enemy  made  a 
desperate  resistance,  charging  our  advancing  lines 
with  fierceness,  but  they  were  everywhere  routed 
and  fled. 

Our  chief  loss  was  in  Wilcox's  division.  The 
enemy's  battery  was  found  to  be  across  a  gorge 
and  beyond  the  reach  of  our  infantry ;  but  its  po 
sition  was  made  untenable,  and  it  was  hastily  re 
moved  and  not  again  put  in  position  near  us.  But 
the  batteries  across  the  gap  still  kept  up  a  fire  of 
shot  and  shell. 

General  Wilcox  praises  very  highly  the  conduct 
of  the  Seventeenth  Michigan  in  this  advance — a 
regiment  which  had  been  organized  scarcely  a 
month,  but  which  charged  the  advancing  enemy 
in  flank  in  a  manner  worthy  of  veteran  troops  ; 
and  also  that  of  the  Forty-fifth  Pennsylvania, 
which  bravely  met  them  in  front. 

Cook's  battery  now  reopened  fire.  Sturgis's 
division  was  moved  to  the  front  of  AVilcox's,  oc 
cupying  the  new  ground  gained  on  the  further 
side  of  the  slope,  and  his  artillery  opened  on  the 
batteries  across  the  gap.  The  enemy  made  an 
effort  to  turn  our  left  about  dark,  but  were  re 
pulsed  by  Fairchilds's  brigade  and  Clark's  battery. 
At  about  seven  o'clock  the  enemy  made  an 
other  effort  to  regain  the  lost  ground,  attacking 
along  Sturgis's  front  and  part  of  Cox's.  A  lively 
fire  was  kept  up  until  nearly  nine  o'clock,  several 
charges  being  made  by  the  enemy  and  repulsed 
with  slaughter,  and  we  finally  occupied  the  high 
est  part  of  the  mountain. 

General  Reno  was  killed  just  before  sunset, 
while  making  a  reconnoissance  to  the  front,  and 


626 


REBELLION  RECORD,  1862-63. 


the  command  of  the  corps  devolved  upon  Gen 
eral  Cox.  In  General  Reno  the  nation  lost  one 
of  its  best  general  officers.  He  was  a  skilful 
soldier,  a  brave  and  honest  man. 

There  was  no  firing  after  ten  o'clock,  and  the 
troops  slept  on  their  arms  ready  to  renew  the 
fight  at  daylight ;  but  the  enemy  quietly  retired 
from  our  front  during  the  night,  abandoning  their 
wounded,  and  leaving  their  dead  in  large  numbers 
scattered  over  the  field.  While  these  operations 
were  progressing  on  the  left  of  the  main  column, 
the  right  under  General  Hooker  was  actively  en 
gaged.  His  corps  left  the  Monocacy  early  in  the 
morning,  and  its  advance  reached  the  Catoctin 
Creek  about  one  P.M.  General  Hooker  then  went 
forward  to  examine  the  ground. 

At  about  one  o'clock  General  Meade's  division 
was  ordered  to  make  a  diversion  in  favor  of  Reno. 
The  following  is  the  order  sent : 

September  14 — 1  P.M. 

GENERAL  :  General  Reno  requests  that  a  divi 
sion  of  yours  may  move  up  on  the  right  (north) 
of  the  main  road.  General  McGlellan  desires 
you  to  comply  with  this  request,  holding  your 
whole  corps  in  readiness  to  support  the  move 
ment,  and  taking  charge  of  it  yourself. 

Sumner's  and  Banks's  corps  have  commenced 
arriving.  Let  General  McClellan  be  informed  as 
soon  as  you  commence  your  movement. 

GEORGE  D.  RUGGLES, 

Colonel,  Assistant  Adjutant-General,  and  Aid-de-Camp. 

Major-General  HOOKER. 

Meade's  division  left  Catoctin  Creek  about  two 
o'clock,  and  turned  off  to  the  right  from  the  main 
road  on  the  old  Hagerstown  road  to  Mount  Tabor 
church,  where  General  Hooker  was,  and  deploy 
ed  a  short  distance  in  advance,  its  right  resting 
about  one  and  a  half  mile  from  the  turnpike.  The 
enemy  fired  a  few  shots  from  a  battery  on  the 
mountain  side,  but  did  no  considerable  damage. 
Cooper's  battery  B,  First  Pennsylvania  artillery, 
was  placed  in  position  on  high  ground  at  about 
half-past  three  o'clock,  and  fired  at  the  enemy  on 
the  slope,  but  soon  ceased  by  order  of  General 
Hooker,  and  the  position  of  our  lines  prevented 
any  further  use  of  artillery  by  us  on  this  part  of 
the  field.  The  First  Massachusetts  cavalry  was 
sent  up  the  valley  to  the  right  to  observe  the 
movements,  if  any,  of  the  enemy  in  that  direc 
tion,  and  one  regiment  of  Meade's  division  was 
posted  to  watch  the  road  coming  in  the  same  direc 
tion.  The  other  divisions  were  deployed  as  they 
came  up,  General  Hatch's  on  the  left,  and  Gen 
eral  Ricketts's,  which  arrived  at  five  P.M.,  in  the 
rear.  General  Gibbon's  brigade  was  detached 
from  Hatch's  division  by  General  Burnside,  for 
the  purpose  of  making  a  demonstration  on  the 
enemy's  centre,  up  the  main  road,  as  soon  as  the 
movements  on  the  right  and  left  had  sufficiently 
progressed.  The  First  Pennsylvania  Rifles  of 
General  Seymour's  brigade  were  sent  forward  as 
skirmishers  to  feel  the  enemy,  and  it  was  found 
that  he  was  in  force.  Meade  was  then  directed 
,o  advance  his  division  to  the  right  of  the  road, 
80  a*  to  outflank  them  if  possible,  and  then  to 


move  forward  and  attack,  while  Hatch  was  di 
rected  to  take  with  his  division  the  crest  on  the 
left  of  the  old  Hagerstown  road,  Ricketts's  divi 
sion  being  held  in  reserve.  Seymour's  brigade 
was  sent  up  to  the  top  of  the  slope,  on  the  right 
of  the  ravine,  through  which  the  road  runs ;  and 
then  moved  along  the  summit  parallel  to  the 
road,  while  Colonel  Gallagher's  and  Colonel 
Magilton's  brigades  moved  in  the  same  direction 
along  the  slope  and  in  the  ravine. 

The  ground  was  of  the  most  difficult  character 
for  the  movement  of  troops,  the  hillside  being 
very  steep  and  rocky,  and  obstructed  by  stone 
walls  and  timber.  The  enemy  was  very  soon 
encountered,  and  in  a  short  time  the  action  be 
came  general  along  the  whole  front  of  the  divi 
sion.  The  line  advanced  steadily  up  the  mount 
ain  side,  where  the  enemy  was  posted  behind 
trees  and  rocks,  from  which  he  was  gradually 
dislodged.  During  this  advance  Colonel  Gal 
lagher,  commanding  Third  brigade,  was  severely 
wounded  ;  and  the  command  devolved  upon  Lieu 
tenant-Colonel  Robert  Anderson. 

General  Meade  having  reason  to  believe  that 
the  enemy  were  attempting  to  outflank  him  on 
his  right,  applied  to  General  Hooker  for  reen- 
forcements.  General  Duryea's  brigade  of  Rick 
etts's  division  was  ordered  up,  but  it  did  not 
arrive  until  the  close  of  the  action.  It  was  ad 
vanced  on  Se^nour's  left,  but  only  one  regiment 
could  open  fire  before  the  enemy  retired  and 
darkness  intervened. 

General  Meade  speaks  highly  of  General  Sey 
mour's  skill  in  handling  his  brigade  on  the  ex 
treme  right,  securing  by  his  manoeuvres  the  great 
object  of  the  movement,  the  outflanking  of  the 
enemy. 

While  General  Meade  was  gallantly  driving 
the  enemy  on  the  right,  General  Hatch's  division 
was  engaged  in  a  severe  contest  for  the  posses 
sion  of  the  crest  on  the  left  of  the  ravine ;  it 
moved  up  the  mountain  in  the  following  order  : 
two  regiments  of  General  Patrick's  brigade  de 
ployed  as  skirmishers,  with  the  other  two  regi 
ments  of  the  same  brigade  supporting  them. 
Colonel  Phelps's  brigade  in  line  of  battalions  in 
mass  at  deploying  distance,  General  Doubleday's 
brigade  in  the  same  order  bringing  up  the  rear. 
The  Twenty-first  New-York  having  gone  straight 
up  the  slope  instead  of  around  to  the  right,  as 
directed,  the  Second  United  States  sharp-shooters 
was  sent  out  in  its  place.  Phelps's  and  Double- 
day's  brigades  were  deployed  in  turn  as  they 
reached  the  woods,  which  began  about  half  up 
the  mountain.  General  Patrick  with  his  skir 
mishers  soon  drew  the  fire  of  the  enemy,  and 
found  him  strongly  posted  behind  a  fence  which 
bounded  the  cleared  space  on  the  top  of  tha 
ridge,  having  on  his  front  the  woods  through 
which  our  line  was  advancing,  and  in  his  rear 
a  corn-field  full  of  rocky  ledges,  which  afforded 
good  cover  to  fall  back  to  if  dislodged. 

Phelps's  brigade  gallantly  advanced,  under  a 
hot  fire,  to  close  quarters,  and  after  ten  or  fifteen 
minutes  of  heavy  firing  on  both  sides  (in  which 
General  Hatch  was  wounded  while  urging  on  his 


DOCUMENTS. 


627 


men)  the  fence  was  carried  by  a  charge,  and  our 
line  advanced  a  few  yards  beyond  it,  somewhat 
•sheltered  by  the  slope  of  the  hill. 

Doublcday's  brigade,  now  under  the  command 
of  Lieutenant-Colonel  Hoffman,  (Colonel  Wain- 
wright  having  been  wounded,)  relieved  Phelps, 
and  continued  firing  for  an  hour  and  a  half;  the 
enemy  behind  ledges  of  rooks,  some  thirty  or  forty 
paces  in  our  front,  making  a  stubborn  resistance, 
and  attempting  to  charge  on  the  least  cessation 
of  our  fire.  About  dusk  Colonel  Christian's  bri 
gade  of  Ricketts's  division  came  up  and  relieved 
Doubleday's  brigade,  which  fell  back  into  line 
behind  Phelps's.  Christian's  brigade  continued 
the  action  for  thirty  or  forty  minutes,  when  the 
enemy  retired,  after  having  made  an  attempt  to 
flank  us  on  the  left,  which  was  repulsed  by  the 
Seventy-fifth  New- York  and  Seventh  Indiana. 

The  remaining  brigade  of  Ricketts's  division 
(General  HartsufF's)  was  moved  up  in  the  centre, 
and  connected  Meade's  left  with  Doubleday's 
right.  We  now  had  possession  of  the  summit 
of  the  first  ridge  which  commanded  the  turnpike 
on  both  sides  of  the  mountain,  and  the  troops 
were  ordered  to  hold  their  positions  until  further 
orders,  and  slept  on  their  arms.  Late  in  the 
afternoon  General  Gibbon,  with  his  brigade  and 
one  section  of  Gibbon's  battery,  (B,  Fourth  ar 
tillery,)  was  ordered  to  move  up  the  main  road 
on  the  enemy's  centre.  He  advanced  a  regiment 
on  each  side  of  the  road,  preceded  by  skirmishers, 
and  followed  by  the  other  two  regiments  in 
double  column  ;  the  artillery  moving  on  the  road 
until  within  range  of  the  enemy's  guns,  which 
were  firing  on  the  column  from  the  gorge. 

The  brigade  advanced  steadily,  driving  the 
enemy  from  his  positions  in  the  woods  and  be 
hind  stone  walls,  until  they  reached  a  point  well 
up  toward  the  top  of  the  pass,  when  the  enemy, 
having  been  reenforced  by  three  regiments, 
opened  a  heavy  fire  on  the  front  and  on  both 
flanks.  The  fight  continued  until  nine  o'clock, 
the  enemy  being  entirely  repulsed  ;  and  the  bri 
gade,  after  having  suffered  severely,  and  having 
expended  all  its  ammunition,  including  even  the 
cartridges  of  the  dead  and  wounded,  continued 
to  hold  the  ground  it  had  so  gallantly  won  until 
twelve  o'clock,  when  it  was  relieved  by  General 
Gorman's  brigade  of  Sedgwick's  division,  Sum- 
ner  s  corps,  (except  the  Sixth  Wisconsin,  which 
remained  on  the  field  all  night.)  General  Gib 
bon,  in  this  delicate  movement,  handled  his  bri 
gade  with  as  much  precision  and  coolness  as  if 
upon  parade,  and  the  bravery  of  his  troops  could 
not  be  excelled. 

The  Second  corps  (Sumner's)  and  the  Twelfth 
corps  (AVilliams's)  reached  their  final  positions 
shortly  after  dark.  General  Richardson's  divi 
sion  was  placed  near  Mount  Tabor  church,  in  a 
position  to  support  our  right,  if  necessary ;  the 
Twelfth  corps  and  Sedgwick's  division  bivouack 
ed  around  Bolivar,  in  a  position  to  support  our 
centre  and  left. 

General  Sykes's  division  of  regulars  and  the 
artilery  reserve  halted  for  the  night  at  Middle- 
town.  Thus,  on  the  night  of  the  fourteenth  the 


whole  army  was  massed  in  the  vicinity  of  the 
field  of  battle,  in  readiness  to  renew  the  action 
the  next  day,  or  to  move  in  pursuit  of  the  ene 
my.  At  daylight  our  skirmishers  were  advanc 
ed,  and  it  was  found  that  he  had  retreated  dur 
ing  the  night,  leaving  his  dead  on  the  field,  and 
his  wounded  un cared  for. 

About  one  thousand  five  hundred  prisoners 
were  taken  by  us  during  the  battle,  and  the  loss 
to  the  enemy  in  killed  was  much  greater  than  our 
own,  and,  probably,  also  in  wounded.  It  is  be 
lieved  that  the  force  opposed  to  us  on  Turner's 
Gap  consisted  of  D.  H<  Hill's  corps,  (fifteen  thou 
sand,)  and  a  part,  if  not  the  whole,  of  Long- 
street's,  and  perhaps  a  portion  of  Jackson's,  pro 
bably  some  thirty  thousand  in  all. 

We  went  into  action  with  about  thirty  thou 
sand  men,  and  our  losses  amounted  to  one  thou 
sand  five  hundred  and  sixty-eight  aggregate, 
(three  hundred  and  twelve  killed,  one  thousand 
two  hundred  and  thirty-four  wounded,  and  twen 
ty-two  missing.) 

On  the  next  day  I  had  the  honor  to  receive  the 
following  very  kind  despatch  from  His  Excellency 
the  President : 

WAR  DEPARTMKNT,  WASHIXOTON,      ) 
September,  15, 1862—2.45  P.M.  f 

Your  despatch  of  to-day  received.  God  bless 
you,  and  all  with  you;  destroy  the  rebel  army  if 
possible.  A.  LINCOLN. 

Major-General  MCCLELLAN. 

"  ANTIETAM." 

On  the  night  of  the  battle  of  South-Mountain, 
orders  were  given  to  the  corps  commanders  to 
press  forward  the  pickets  at  early  dawn.  ThU 
advance  revealed  the  fact  that  the  enemy  had  left 
his  positions,  and  an  immediate  pursuit  was  or 
dered :  the  cavalry,  under  General  Pleasanton, 
and  the  three  corps  under  Generals  Sumner, 
Hooker,  and  Mansfield,  (the  latter  of  whom  had 
arrined  that  morning  and  assumed  command  of 
the  Twelfth,  Williams's  corps,)  by  the  national 
turnpike  and  Boonsboro  ;  the  corps  of  Generals 
Burnoide  and  Porter  (the  latter  command  at  that 
time  consisting  of  but  one  weak  division,  Sykes's) 
by  the  old  Sharpsburgh  road,  and  General  Frank 
lin  to  move  into  Pleasant  Valley,  occupy  Rohrers- 
ville  by  a  detachment,  and  endeavor  to  relievo 
Harper's  Ferry. 

Generals  Burnside  and  Porter,  upon  reaching 
the  road  from  Boonsboro  to  Rohrersville  to  ree'n- 
force  Franklin,  or  to  move  on  Sharpsburgh,  ac 
cording  to  circumstances. 

Franklin  moved  toward  Brownsville  and  found 
there  a  force  of  the  enemy,  much  superior  in 
numbers  to  his  own,  drawn  up  in  a  strong  posi 
tion  to  receive  him.  At  this  time  the  cessation 
of  firing  at  Harper's  Ferry  indicated  the  sur 
render  of  that  place. 

The  cavalry  overtook  the  enemy's  cavalry  in 
Boonsboro,  made  a  daring  charge,  killing  and 
wounding  a  number,  and  capturing  two  hundred 
and  fifty  prisoners  and  two  guns. 

General  Richardson's  division  of  the  Second 
corps  pressing  the  rear-guard  of  the  enerry 


628 


REBELLION  RECORD,  1862-63. 


vigor,  passed  Boonsboro  and  Keedysville,  and 
came  upon  the  main  body  of  the  enemy,  occupy 
ing  in  large  force  a  strong  position  a  few  miles  be 
yond  the  latter  place. 

It  had  been  hoped  to  engage  the  enemy  during 
the  fifteenth.  Accordingly,  instructions  were 
giran  that  if  the  enemy  were  overtaken  on  the 
march  they  should  be  attacked  at  once ;  if  found 
in  heavy  force  and  in  position,  the  corps  in  ad 
vance  should  be  placed  in  position  for  attack,  and 
await  my  arrival.  On  reaching  the  advanced  posi 
tion  of  our  troops,  I  found  but  two  divisions, 
Richardson's  and  Sykes's,  in  position  ;  the  other 
troops  were  halted  in  the  road  ;  the  head  of  the 
column  some  distance  in  rear  of  Richardson. 

The  enemy  occupied  a  strong  position  on  the 
heights,  on  the  west  side  of  Antietam  Creek,  dis 
playing  a  large  force  of  infantry  and  cavalry,  with 
numerous  batteries  of  artillery,  which  opened  on 
our  columns  as  they  appeared  in  sight  on  the 
Keedysville  road  and  Sharpsburgh  turn  pike,  which 
fire  was  returned  by  Captain  Tidball's  light  bat 
tery,  Second  United  States  artillery,  and  Pettit's 
battery,  First  New-York  artillery. 

The  division  of  General  Richardson,  following 
close  on  the  heels  of  the  retreating  foe,  halted  and 
deployed  near  Antietam  River,  on  the  right  of  the 
Sharpsburgh  road.  General  Sykes,  leading  on  the 
division  of  regulars  on  the  old  Sharpsburgh  road, 
came  up  and  deployed  to  the  left  of  General  Rich 
ardson,  on  the  left  of  the  road. 

Antietam  Creek,  in  this  vicinity,  is  crossed  by 
four  stone  bridges — the  upper  one  on  the  Keedys 
ville  and  Williamsport  road  ;  the  second  on  the 
Keedysville  and  Sharpsburgh  turnpike,  some  two 
and  a  half  miles  below ;  the  third  about  a  mile  be 
low  the  second,  on  the  Rohrersville  and  Sharps 
burgh  road ;  and  the  fourth  near  the  mouth  of  An 
tietam  Creek,  on  the  road  leading  from  Harper's 
Ferry  to  Sharpsburgh,  some  three  miles  below  the 
third.  The  stream  is  sluggish,  with  few  and  diffi 
cult  fords.  After  a  rapid  examination  of  the  posi 
tion,  I  found  that  it  was  too  late  to  attack  that 
day,  and  at  once  directed  the  placing  of  the  bat 
teries  in  position  in  the  centre,  and  indicated  the 
bivouacs  for  the  different  corps,  massing  them 
near  and  on  both  sides  of  the  Sharpsburgh  turn 
pike.  The  corps  were  not  all  in  their  positions 
until  the  next  morning  after  sunrise. 

On  the  morning  of  the  sixteenth,  it  was  dis 
covered  that  the  enemy  had  changed  the  position 
of  his  batteries.  The  masses  of  his  troops,  how 
ever,  were  still  concealed  behind  the  opposite 
heights.  Their  left  and  centre  were  upon  and  in 
front  of  the  Sharpsburgh  and  Hagerstown  turn 
pike,  hidden  by  woods  and  irregularities  of  the 
ground ;  their  extreme  left  resting  upon  a  wooded 
ominence  near  the  cross-roads  to  the  north  of  J. 
Miller's  farm ;  their  left  resting  upon  the  Poto 
mac.  Their  line  extended  south,  the  right  rest 
ing  upon  the  hills  to  the  south  of  Sharpsburgh, 
near  Shaveley's  farm. 

The  bridge  over  the  Antietam,  described  as  No. 
3,  near  this  point,  was  strongly  covered  by 
riflemen  protected  by  rifle-pits,  stone  fences,  etc., 
and  enfiladed  by  artillery.  The  ground  in  front 


of  this  line  consisted  of  undulating  hills,  their 
crests  in  turn  commanded  by  others  in  their  rear. 
On  all  favorable  points  the  enemy's  artillery  was 
posted  and  their  reserves  hidden  from  view  by  the 
hills,  on  which  their  line  of  battle  was  formed, 
could  manoeuvre  unobserved  by  our  army,  and 
from  the  shortness  of  their  line  could  rapidly  re- 
enforce  any  point  threatened  by  our  attack.  Their 
position,  stretching  across  the  angle  formed  by 
the  Potomac  and  Antietam,  their  flanks  and  rear 
protected  by  these  streams,  was  one  of  the  strong 
est  to  be  found  in  this  region  of  country,  which 
is  well  adapted  to  defensive  warfare. 

On  the  right,  near  Keedysville,  on  both  sides 
of  the  Sharpsburgh  turnpike,  were  Sumner's  and 
Hooker's  corps.  In  advance,  on  the  right  of  the 
turnpike  and  near  the  Antietam  River,  General 
Richardson's  division  of  General  Sumner's  corps 
was  posted.  General  Sykes's  division  of  General 
Porter's  corps  was  on  the  left  of  the  turnpike 
and  in  line  with  General  Richardson,  protecting 
the  bridge  No.  2,  over  the  Antietam.  The  left 
of  the  line,  opposite  to  and  some  distance  from 
bridge  No.  3,  was  occupied  by  General  Burn- 
side's  corps. 

Before  giving  General  Hooker  his  orders  to 
make  the  movement  which  will  presently  be  de 
scribed,  I  rode  to  the  left  of  the  line  to  satisfy 
myself  that  the  troops  were  properly  posted  there 
to  secure  our  left  flank  from  any  attack  made 
along  the  left  bank  of  the  Antietam,  as  well  as 
to  enable  us  to  carry  bridge  No.  3. 

I  found  it  necessary  to  make  considerable 
changes  in  the  position  of  General  Burnside's 
corps,  and  directed  him  to  advance  to  a  strong 
position  in  the  immediate  vicinity  of  the  bridge, 
and  to  reconnoitre  the  approaches  to  the  bridge 
carefully.  In  front  of  Generals  Sumner's  and 
Hooker's  corps,  near  Keedsyville,  and  on  the 
ridge  of  the  first  line  of  hills  overlooking  the 
Antietam,  and  between  the  turnpike  and  Fry's 
house  on  the  right  of  the  road,  were  placed  Cap 
tain  Taft's,  Langner's,  Von  Kleizer's,  and  Lieu 
tenant  Weaver's  batteries  of  twenty-pounder 
Parrott  guns.  On  the  crest  of  the  hill  in  the 
rear  and  right  of  bridge  No.  3,  Captain  Weed's 
three-inch  and  Lieutenant  Benjamin's  twenty- 
pounder  batteries.  General  Franklin's  corps  and 
General  Couch's  division  held  a  position  in  Pleas 
ant  Valley  in  front  of  Brownsville,  with  a  strong 
force  of  the  enemy  in  their  front.  General  Mo- 
rell's  division  of  Porter's  corps  was  en  route  from 
Boonsboro,  and  General  Humphrey's  division 
of  new  troops  en  route  from  Frederick,  Mary 
land.  About  daylight  on  the  sixteenth  the  ene 
my  opened  a  heavy  fire  of  artillery  on  our  guns 
in  position,  which  was  promptly  returned  ;  their 
fire  was  silenced  for  the  time,  but  was  frequently 
renewed  during  the  day.  In  the  heavy  fire  of 
the  morning,  Major  Arndt,  commanding  First 
battalion  First  New- York  artillery,  was  mortally 
wounded  while  directing  the  operations  of  his 
batteries. 

It  was  afternoon  before  I  could  move  the  troops 
to  their  positions  for  attack,  being  compelled  to 
spend  the  morning  in  reconnoitring  the  new  po- 


DOCUMENTS. 


629 


sition  taken  up  by  the  enemy,  examining  the 
ground,  finding  fords,  clearing  the  approaches,  and 
hurrying  up  the  ammunition  and  supply  trains, 
which  had  been  delayed  by  the  rapid  march  of 
the  troops  over  the  few  practicable  approaches 
from  Frederick.  These  had  been  crowded  by 
the  masses  of  infantry,  cavalry,  -\nd  artillery 
pressing  on  with  the  hope  of  overtaking  the  ene 
my  before  he  could  form  to  resist  an  attack. 
Many  of  the  troops  were  out  of  rations  on  the 
previous  day,  and  a  good  deal  of  their  ammuni 
tion  had  been  expended  in  the  severe  action  of 
the  fourteenth. 

My  plan  for  the  impending  general  engagement 
was  to  attack  the  enemy's  left  with  the  corps  of 
Hooker  and  Mansfield,  supported  by  Simmer's, 
and  if  necessary  by  Franklin's  ;  and,  as  soon  as 
matters  looked  favorably  there,  to  move  the  corps 
of  Burnside  against  the  enemy's  extreme  right, 
upon  the  ridge  running  to  the  south  and  rear  of 
Sharpsburgh,  and  having  carried  their  position, 
to  press  along  the  crest  toward  our  right ;  and 
whenever  either  of  these  flank  movements  should 
be  successful,  to  advance  our  centre  with  all  the 
forces  then  disposable. 

About  two  P.M.  General  Hooker,  with  his  corps, 
consisting  of  General  Ricketts's,  Meade's,  and 
Doubleday's  divisions,  was  ordered  to  cross  the 
Antietam  at  a  ford,  and  at  bridge  No.  1,  a  short 
distance  above,  to  attack  and,  if  possible,  turn 
the  enemy's  left.  General  Sumner  was  ordered 
to  cross  the  corps  of  General  Mansfield  (the 
Twelfth)  during  the  night,  and  hold  his  own  (the 
Second)  corps  ready  to  cross  early  the  next  morn 
ing.  On  reaching  the  vicinity  of  the  enemy's 
left  a  sharp  contest  commenced  with  the  Penn 
sylvania  reserves,  the  advance  of  General  Hook 
er's  corps,  near  the  house  of  D.  Miller.  The 
enemy  were  driven  from' the  strip  of  woods  where 
he  was  first  met.  The  firing  lasted  until  after 
dark,  when  General  Hooker's  corps  rested  on 
their  arms  on  ground  won  from  the  enemy. 

During  the  night  General  Mansfield's  corps, 
consisting  of  Generals  Williams's  and  Green's 
divisions,  crossed  the  Antictam  at  the  same  ford 
and  bridge  that  General  Hooker's  troops  had 
passed,  and  bivouacked  on  the  farm  of  J.  Poffen- 
berger,  about  a  mile  in  rear  of  General  Hooker's 
position.  At  daylight  on  the  seventeenth,  the 
action  was  commenced  by  the  skirmishers  of  the 
Pennsylvania  reserves.  The  whole  of  General 
Hooker's  corps  was  soon  engaged,  and  drove  the 
enemy  from  the  open  field  in  front  of  the  first 
line  of  woods  into  a  second  line  of  woods  beyond, 
which  runs  to  the  eastward  of  and  nearly  par 
allel  to  the  Sharpsburgh  and  Hagerstown  turn 
pike. 

This  contest  was  obstinate,  and  as  the  troops 
Advanced  the  opposition  became  more  determined 
and  the  number  of  the  enemy  greater.  General 
Hooker  then  ordered  up  the  corps  of  General, 
Mansfield,  which  moved  promptly  toward  the 
scene  of  action. 

The  First  division,  General  Williams's,  was  de 
ployed  to  the  right  on  approaching  the  enemy ; 
General  Crawford's  brigade  on  the  right,  its  right 


resting  on  the  Hagerstown  turnpike  ;  on  his  left 
General  Gordon's  brigade.  The  Second  division, 
General  Green's,  joining  the  left  of  Gordon's,  ex 
tended  as  far  as  the  burned  buildings  to  the  north 
and  east  of  the  white  church  on  the  turnpike. 
During  the  deployment,  that  gallant  veteran  Gen 
eral  Mansfield  fell  mortally  wounded,  while  ex 
amining  the  ground  in  front  of  his  troops.  Gen 
eral  Hartsuff,  of  Hooker's  corps,  was  severely 
wounded,  while  bravely  pressing  forward  bis 
troops,  and  was  taken  from  the  field. 

The  command  of  the  Twelfth  corps  fell  upon 
General  Williams.  Five  regiments  of  First  divi 
sion  of  this  corps  were  new  troops.  One  brigade 
of  the  Second  division  was  sent  to  support  Gen 
eral  Doubleday. 

The  One  Hundred  and  Twenty-fourth  Penn- 
s}Tlvania  volunteers  were  pushed  across  the  turn 
pike  into  the  woods  beyond  J.  Miller's  house, 
with  orders  to  hold  the  position  as  long  as  possi 
ble. 

The  line  of  battle  of  this  corps  was  formed, 
and  it  became  engaged  about  seven  A.M.,  the  at 
tack  being  opened  by  Knapp's,  (Pennsylvania,) 
Cothran's,  (New-York,)  and  Hampton's  (Pitts 
burgh)  batteries.  To  meet  this  attack  the  ene 
my  had  pushed  a  strong  column  of  troops  into 
the  open  fields  in  front  of  the  turnpike,  while  ho 
occupied  the  woods  on  the  west  of  the  turnpike 
in  strong  force.  The  woods  (as  was  found  by- 
subsequent  observation)  were  traversed  by  out 
cropping  ledges  of  rock.  Several  hundred  yards 
to  the  right  and  rear  was  a  hill  which  command 
ed  the  debouche  of  the  woods,  and  in  the  fields 
between  was  a  long  line  of  stone  fences,  contin 
ued  by  breastworks  of  rails,  which  covered  the 
enemy's  infantry  from  our  musketry.  The  same 
woods  formed  a  screen  behind  which  his  movo- 
ments  were  concealed,  and  his  batteries  on  the 
hill  and  the  rifle-works  covered  from,  the  fire  of 
our  artillery  in  front. 

For  about  two  hours  the  battle  raged  with  va 
ried  success,  the  enemy  endeavoring  to  drive  our 
troops  into  the  second  line  of  wood,  and  ours  in 
turn  to  get  possession  of  the  line  in  front. 

Our  troops  ultimately  succeeded  in  forcing  the 
enemy  back  into  the  woods  near  the  turnpike, 
General  Green  with  his  two  brigades  crossing 
into  the  woods  to  the  left  of  the  Dunker  Church. 
During  this  conflict  General  Crawford,  command 
ing  First  division  after  General  Williams  took 
command  of  the  corps,  was  wounded  and  left  the 
field. 

General  Green  being  much  exposed  and  apply 
ing  for  reinforcements,  the  Thirteenth  New -Jer 
sey,  Twenty-seventh  Indiana,  and  the  Third  Ma 
ryland  were  sent  to  his  support,  with  a  section 
of  Knapp's  battery. 

At  about  nine  o'clock  A.M.  General  Sedgwick's 
division  of  General  Sumner's  corps  arrived.  Cross 
ing  the  ford  previously  mentioned,  this  division 
marched  in  three  columns  to  the  support  of  the 
attack  on  the  enemy's  left.  On  nearing  the  s<:ene 
of  action  the  columns  were  halted,  faced  to  the 
front,  and  established  by  General  Sumner  in 
three  parallel  lines  by  brigade,  facing  toward  tha 


630 


REBELLION  RECORD,  1S62-63. 


south  and  west;  General  Gorman's  brigade  in 
front,  General  Dana's  second,  and  General  How 
ard's  third,  with  a  distance  between  the  lines  of 
some  seventy  paces.  The  division  was  then  put 
in  motion  and  moved  upon  the  field  of  battle,  un 
der  fire  from  the  enemy's  concealed  batteries  on 
the  hill  beyond  the  roads.  Passing  diagonally 
to  the  front  across  the  open  space  and  to  the 
front  of  the  First  division  of  General  Williams' s 
corps,  this  latter  division  withdrew. 

Entering  the  woods  on  the  west  of  the  turnpike, 
and  driving  the  enemy  before  them,  the  first  line 
was  met  by  a  heavy  fire  of  musketry  and  shell 
from  the  enemy's  breastworks  and  the  batteries 
on  the  hill  commanding  the  exit  from  the  woods ; 
meantime  a  heavy  column  of  the  enemy  had  suc 
ceeded  in  crowding  back  the  troops  of  General 
Green's  division,  and  appeared  in  rear  of  the  left 
of  Sedgwick's  division.  By  command  of  General 
Sumner,  General  Howard  faced  the  third  line  to 
the  rear  preparatory  to  a  change  of  front  to  meet 
the  column  advancing  on  the  left ;  but  this  line 
now  suffering  from,  a  destructive  fire  both  in 
front  and  on  its  left,  which  it  was  unable  to  re 
turn,  gave  way  toward  the  right  and  rear  in  con 
siderable  confusion,  and  was  soon  followed  by 
the  first  and  second  lines. 

General  Gorman's  brigade,  and  one  regiment 
of  General  Dana's,  soon  rallied  and  checked  the 
advance  of  the  enemy  on  the  right.  The  second 
and  third  lines  now  formed  on  the  left  of  General 
Gorman's  brigade,  and  poured  a  destructive  fire 
u^on  the  enemy. 

During  General  Sumner's  attack,  he  ordered 
General  Williams  to  support  him.  Brigadier- 
General  Gordon,  with  a  portion  of  his  brigade, 
moved  forward,  but  when  he  reached  the  woods, 
the  left  of  General  Sedgwick's  division  had  given 
way  ;  and  finding  himself,  as  the  smoke  cleared 
up,  opposed  to  the  enemy  in  force  with  his  small 
command,  he  withdrew  to  the  rear  of  the  batter 
ies  at  the  second  line  of  woods.  As  General  Gor 
don's  troops  unmasked  our  batteries  on  the  left, 
they  opened  with  canister;  the  batteries  of  Cap 
tain  Cothran,  First  New-York,  and  I,  First  artil 
lery,  commanded  by  Lieutenant  Woodruff,  doing 
good  service.  Unable  to  withstand  this  deadly 
lire  in  front  and  the  musketry  fire  from  the  right, 
the  enemy  again  sought  shelter  in  the  woods  and 
rocks  beyond  the  turnpike. 

During  this  assault  Generals  Sedgwick  and 
Dana  were  seriously  wounded  and  taken  from 
the  field.  General  Sedgwick,  though  twice  wound 
ed,  and  faint  from  loss  of  blood,  retained  com 
mand  of  his  division  for  more  than  an  hour  after 
liis  first  wound,  animating  his  command  by  his 
presence. 

About  the  time  of  General  Sedgwick's  advance, 
General  Hooker,  while  urging  on  his  command, 
was  severely  wounded  in  the  foot  and  taken  from 
the  field,  and  General  Meade  was  placed  in  com 
mand  of  his  corps.  General  Howard  assumed 
command  after  General  Sedgwick  retired. 

The  renulse  of  the  enemy  offered  opportunity 
to  rearrange  the  lines  and  reorganize  the  com 
mands  on  the  right,  now  more  or  less  in  confusion. 


The  batteries  of  the  Pennsylvania  reserve,  on  high 
ground,  near  I.  Poffenburger's  house,  opened  fire, 
and  checked  several  attempts  of  the  enemy  to  es 
tablish  batteries  in  front  of  our  right,  to  turn  that 
flank  and  enfilade  the  lines. 

While  the  conflict  was  so  obstinately  raging 
on  the  right,  General  French  was  pushing  his  di 
vision  against  the  enemy  still  further  to  the  left. 
This  division  crossed  the  Antietam  at  the  same 
ford  as  General  Sedgwick,  and  immediately  in  his 
rear.  Passing  over  the  stream  in  three  columns, 
the  division  marched  about  a  mile  from  the  ford, 
then  facing  to  the  left,  moved  in  three  lines  to 
ward  the  enemy;  General  Max  Weber's  brigade 
in  front ;  Colonel  Dwight  Morris's  brigade  of  raw 
troops,  undrilled,  and  moving  for  the  first  time 
under  fire,  in  the  second,  and  General  Kiniball's 
brigade  in  the  third.  The  division  was  first  as 
sailed  by  a  fire  of  artillery,  but  steadily  advanced, 
driving  in  the  enemy's  skirmishers,  and  encoun 
tered  the  infantry  in  some  force  at  the  group  of 
houses  on  Roulette's  Farm.  General  Weber's 
brigade  gallantly  advanced  with  an  unwavering 
front  and  drove  the  enemy  from  their  position 
about  the  houses. 

While  General  Weber  was  hotly  engaged  with 
the  first  line  of  the  enemy,  General  French  re 
ceived  orders  from  General  Surnner,  his  corps 
commander,  to  push  on  with  renewed  vigor  to 
make  a  diversion  in  favor  of  the  attack  on  the 
right.  Leaving  the  new  troops,  who  had  been 
thrown  into  some  confusion  from  their  march 
through  corn-fields,  over  fences,  etc.,  to  form  as 
a  reserve,  he  ordered  the  brigade  of  General 
Kimball  to  the  front,  passing  to  the  left  of  Gene 
ral  Weber.  The  enemy  was  pressed  back  to 
near  the  crest  of  the  hill,  where  he  was  encoun 
tered  in  greater  strength  posted  in  a  sunken  road 
forming  a  natural  ritfe^pit  running  in  a  north 
westerly  direction.  In  a  corn-field  in  rear  of  this 
road  were  also  strong  bodies  of  the  enemy.  As 
the  line  reached  the  crest  of  the  hill  a  galling  fire 
was  opened  on  it  from  the  sunken  road  and  corn 
field.  Here  a  terrific  fire  of  musketry  burst  from 
both  lines,  and  the  battle  raged  along  the  whole 
line  with  great  slaughter. 

The  enemy  attempted  to  turn  the  left  of  the 
line,  but  were  met  by  the  Seventh  Virginia  and 
One  Hundred  and  Thirty-second  Pennsylvania 
volunteers  and  repulsed.  Foiled  in  this,  the  en 
emy  made  a  determined  assault  on  the  front,  but 
were  met  by  a  charge  from  our  lines,  which  drove 
them  back  with  severe  loss,  leaving  in  our  hands 
some  three  hundred  prisoners  and  several  stand 
of  colors.  The  enemy  having  been  repulsed  by 
the  terrible  execution  of  the  batteries  and  the 
musketry  fire  on  the  extreme  right,  now  attempt 
ed  to  assist  the  attack  on  General  French's  divi 
sion  by  assailing  him  on  his  right  and  endeavor 
ing  to  turn  his  flank,  but  this  attack  was  met  and 
checked  by  the  Fourteenth  Indiana  and  Eighth 
Ohio  volunteers,  and  by  canister  from  Captair< 
Tompkins's  battery,  First  Rhode  Island  artillery 
Having  been  under  an  almost  continuous  fire  fo 
nearly  four  hours,  and  the  ammunition  nearly  ex 
pended,  this  division  now  took  position 


DOCUMENTS. 


631 


ately  below  the  crest  of  the  heights  on  which 
they  had  so  gallantly  fought,  the  enemy  making 
no  attempt  to  regnin  their  lost  ground. 

On  the  left  of  General  French,  General  Rich 
ardson's  division  was  hotly  engaged.  Having 
crossed  the  Antietam  about  half-past  nine  A.M. 
at  the  ford  crossed  by  the  other  divisions  of  Sum- 
ner's  corps,  it  moved  on  a  line  nearly  parallel  to 
the  Antietam,  and  formed  in  a  ravine  behind  the 
high  grounds  overlooking  Roulette's  house ;  the 
Second  (Irish)  brigade,  commanded  by  General 
Meagher,  on  the  right ;  the  Third  brigade,  com 
manded  by  General  Caldwell,  on  his  left,  and  the 
brigade  commanded  by  Colonel  Brooks,  Fifty- 
third  Pennsylvania  volunteers,  in  support.  As 
the  division  moved  forward  to  take  its  position 
on  the  field,  the  enemy  directed  a  fire  of  artillery 
against  it,  but  owing  to  the  irregularities  of  the 
ground  did  but  little  damage. 

Meagher' s  brigade  advancing  steadily,  soon  be 
came  engaged  with  the  enemy  posted  to  the  left 
and  in  front  of  Roulette's  house.  It  continued 
to  advance  under  a  heavy  fire  nearly  to  the  crest 
of  the  hill  overlooking  Piper's  house,  the  enemy 
being  posted  in  a  continuation  of  the  sunken  road 
and  corn-field  before  referred  to.  Here  the  brave 
Irish  brigade  opened  upon  the  enemy  a  terrific 
musketry  fire. 

All  of  General  Sumner's  corps  was  now  en- 

faged  ;  General  Sedgwick  on  the  right,  General 
rench  in  the  centre,  and  General  Richardson  on 
the  left.  The  Irish  brigade  sustained  its  well- 
earned  reputation.  After  suffering  terribly  in 
officers  and  men,  and  strewing  the  ground  with 
their  enemies  as  they  drove  them  back,  their  am 
munition  nearly  expended,  and  their  Command 
er,  General  Meagher,  disabled  by  the  fall  of  his 
horse  shot  under  him,  this  brigade  was  ordered 
to  give  place  to  General  Caldwell's  brigacK 
which  advanced  to  a  short  distance  in  its  rear. 
The  lines  were  passed  by  the  Irish  brigade 
breaking  by  company  to  the  rear,  and  General 
Caldwell's  by  company  to  the  front  as  steadily 
as  on  drill.  Colonel  Brooks's  brigade  now  be 
came  the  second  line. 

The  ground  over  which  Generals  Richardson's 
and  French's  divisions  were  fighting  was  very 
irregular,  intersected  by  numerous  ravines,  hills 
covered  with  growing  corn,  inclosed  by  stone 
walls,  behind  which  the  enemy  could  advance 
unobserved  upon  any  exposed  point  of  our  lines. 
Taking  advantage  of  this,  the  enemy  attempt 
ed  to  gain  the  right  of  Richardson's  position  in 
a  corn-field  near  Roulette's  house,  where  the  di 
vision  had  become  separated  from  that  of  Gene 
ral  French's.  A  change  of  front  by  the  Fifty- 
second  New- York  and  Second  Delaware  volun 
teers,  of  Colonel  Brooks's  brigade,  under  Colonel 
Frank,  and  the  attack  made  by  the  Fifty-third 
Pennsylvania  volunteers,  sent  further  to  the 
right  by  Colonel  Brooks  to  close  this  gap  in  the 
line,  and  the  movement  of  the  One  Hundred  and 
Thirty-second  Pennsylvania  and  Seventh  Vir 
ginia  volunteers  of  General  French's  division  bo- 
fore  referred  to,  drove  the  enemy  from  the  corn 
field  and  restored  the  line. 


The  brigade  of  General  Caldwell,  with  deter 
mined  gallantry,  pushed  the  enemy  back  oppo 
site  the  left  and  centre  of  this  division,  but  shel 
tered  in  the  sunken  road,  they  still  held  our 
forces  on  the  right  of  Caldwell  in  check.  Colonel 
Barlow,  commanding  the  Sixty-first  and  Sixty- 
fourth  New-York  regiments  of  Caldwell's  bri 
gade,  seeing  a  favorable  opportunity,  advanced 
the  regiments  on  the  left,  taking  the  line  in  the 
sunken  road  in  flank,  and  compelled  them  to 
surrender,  capturing  over  three  hundred  pris 
oners  and  three  stands  of  colors. 

The  whole  of  the  brigade,  with  the  Fifty-sev 
enth  and  Sixty-sixth  New- York  regiments  of 
Colonel  Brooks's  brigade,  who  had  moved  these 
regiments  into  the  first  line,  now  advanced  with 
gallantry,  driving  the  enemy  before  them  in  con 
fusion  into  the  corn-field  beyond  the  sunken 
road.  The  left  of  the  division  was  now  well  ad 
vanced,  when  the  enemy,  concealed  by  an  inter 
vening  ridge,  endeavored  to  turn  its  left  and  rear. 

Colonel  Cross,  Fifth  New-Hampshire,  by  a 
change  of  front  to  the  left  and  rear,  brought  his 
regiment  facing  the  advancing  line.  Here  a  spir 
ited  contest  arose  to  gain  a  commanding  height, 
the  two  opposing  forces  moving  parallel  to  each 
other,  giving  and  receiving  fire.  The  Fifth  gain 
ing  the  advantage,  faced  to  the  right-  and  deliver 
ed  its  volley.  The  enemy  staggered,  but  rallied 
and  advanced  desperately  at  a  charge.  Being 
reenforced  by  the  Eighty-first  Pennsylvania, 
these  regiments  met  the  advance  by  a  counter 
charge.  The  enemy  fled,  leaving  many  killed, 
wounded,  and  prisoners,  and  the  colors  of  tha 
Fourth  North-Carolina,  in  our  hands. 

Another  column  of  the  enemy,  advancing  un 
der  shelter  of  a  stonewall  and  corn-field,  pressed 
down  on  the  right  of  the  division;  but  Colonel 
Barlow  again  advanced  the  Sixty-first  and  Sixty- 
fourth  New-York  against  these  troops,  and  with 
the  attack  of  Kirnball's  brigade  on  the  right, 
drove  them  from  this  position. 

Our  troops  on  the  left  of  this  part  of  the  line 
having  driven  the  enemy  far  back,  they,  with 
reenforced  numbers,  made  a  determined  attack 
directly  in  front.  To  meet  this,  Colonel  Barlow 
brought  his  two  regiments  to  their  position  in 
line,  and  drove  the  enemy  through  the  corn-field 
into  the  orchard  beyond,  under  a  heavy  fire  of 
musketry,  and  a  fire  of  canister  from  two  pieces 
of  artillery  in  the  orchard,  and  a  battery  further 
to  the  right,  throwing  shell  and  case-shot.  This 
advance  gave  us  possession  of  Piper's  house,  the 
strong  point  contended  for  by  the  enemy  at  this 
part  of  the  line,  it  being  a  defensible  building 
several  hundred  yards  in  advance  of  the  sunken 
road.  The  musketry  fire  at  this  point  of  the  line 
now  ceased.  Holding  Piper's  house,  General 
Richardson  withdrew  the  line  a  little  way  to  the 
crest  of  a  hill,  a  more  advantageous  position. 
Up  to  this  time  the  division  was  without  artil 
lery,  and  in  the  new  position  suffered  severely 
from  artillery  fire  which  could  not  be  replied  to. 
A  section  of  Robertson's  horse  battery,  com 
manded  by  Lieutenant  Vincent,  Second  artillery, 
now  arrived  on  the  ground  and  did  excellent  ser- 


632 


REBELLION  RECORD,  1862-68. 


vice.  Subsequently  a  battery  of  brass  guns 
commanded  by  Captain  Graham,  First  artillery 
arrived,  and  was  posted  on  the  crest  of  the  hill 
and  soon  silenced  the  two  guns  in  the  orchard 
A  heavy  fire  soon  ensued  between  the  batter 
further  to  the  right  and  our  own.  Captain  Gra 
ham's  battery  was  bravely  and  skilfully  served 
but  unable  to  reach  the  enemy,  who  had  riflec 
guns  of  greater  range  than  our  smooth-bores,  re 
tired  by  order  of  General  Richardson,  to  save  i 
from  useless  sacrifice  of  men  and  horses.  The 
brave  General  was  himself  mortally  wounded 
while  personally  directing  its  fire. 

General  Hancock  was  placed  in  command  of 
the  division  after  the  fall  of  General  Richardson, 
3enert!  Meagher's  brigade,  now  commanded  b}) 
Colonel  Burke,  of  the  Sixty-third  New- York, 
having  refilled  their  cartridge-boxes,  was  again 
ordered  forward,  and  took  position  in  the  centre 
of  the  line.  The  division  now  occupied  one  line 
in  close  proximity  to  the  enemy,  who  had  taken 
up  a  position  in  the  rear  of  Piper's  house.  Col 
onel  D wight  Morris,  with  the  Fourteenth  Con 
necticut  and  a  detachment  of  the  One  Hundred 
and  Eighth  New-York,  of  General  French's  divi 


sion,  was  sent  by  General  French  to  the  support 
of  General  Richardson's  division.  This  command 
was  now  placed  in  an  interval  in  the  line  between 
General  Caldwell's  and  the  Irish  brigades. 

The  requirements  of  the  extended  line  of  bat 
tle  had  so  engaged  the  artillery  that  the  applica 
tion  of  General  Hancock  for  artillery  for  the  divi 
sion  could  not  be  complied  with  immediately  by 
the  Chief  of  Artillery  or  the  corps  commanders 
in  his  vicinity.  Knowing  the  tried  courage  of 
the  troops,  General  Hancock  felt  confident  that 
he  could  hold  his  position,  although  suffering 
from  the  enemy's  artillery,  but  was  too  weak  to 
attack,  as  the  great  length  of  the  line  he  was 
obliged  to  hold  prevented  him  from  forming  more 
than  one  line  of  battle,  and,  from  his  advancec 
position,  this  line  was  already  partly  enfiladed 
by  the  batteries  of  the  enemy  on  the  right,  which 
were  protected  from  our  batteries  opposite  them 
by  the  woods  at  the  Dunker  Church. 

Seeing  a  body  of  the  enemy  advancing  on  some 
of  our  troops  to  the  left  of  his  position,  General 
Hancock  obtained  Hexamer's  battery  from  Gen 
eral  Franklin's  corps,  which  assisted  materially 
in  frustrating  this  attack.  It  also  assisted  the 
attack  of  the  Seventh  Maine,  of  Franklin's  corps, 
which,  without  other  aid,  made  an  attack  against 
the  enemy's  line,  and  drove  in  skirmishers  who 
were  annoying  our  artillery  and  troops  on  the 
right.  Lieutenant  Woodruff;  with  battery  I, 
Second  artillery,  relieved  Captain  Hexamer,  whose 
ammunition  was  expended.  The  enemy  at  one 
time  seemed  to  be  about  making  an  attack  in 
force  upon  this  part  of  the  line,  and  advanced  a 
long  column  of  infantry  toward  this  division; 
but  on  nearing  the  position,  General  Pleasanton 
opening  on  them  with  sixteen  guns,  they  halted, 
gave  a  desultory  fire,  and  retreated,  closing  the 
operations  on  this  portion  of  the  field.  I  return 
to  the  incidents  occurring  still  further  to  the 
right. 


Between  twelve  and  one  P.M.  General  Frank 
lin's  corps  arrived  on  the  field  of  battle,  having 
left  their  camp  near  Crampton's  Pass  at  six  A.M., 
leaving  General  Couch  with  orders  to  move  with 
his  division  to  occupy  Maryland  Heights.  Gen 
eral  Smith's  division  led  the  column,  followed  by 
General  Slocum's. 

It  was  first  intended  to  keep  this  corps  in  re 
serve  on  the  east  side  of  the  Antietam,  to  oper 
ate  on  either  flank  or  on  the  centre,  as  circum 
stances  might  require  ;  but  on  nearing  Keedys- 
ville,  the  strong  opposition  on  the  right, "developed 
by  the  attacks  of  Hooker  and  Simmer,  rendered 
it  necessary  at  once  to  send  this  corps  to  the  as 
sistance  of  the  right  wing. 

On  nearing  the  field,  hearing  that  one  of  our 
batteries,  (A,)  Fourth  United  States  artillery, 
commanded  by  Lieutenant  Thomas,  who  occupied 
:he  same  position  as  Lieutenant  Woodruff's  bat- 
;ery  in  the  morning,  was  hotly  engaged  without 
supports,  General  Smith  sent  two  regiments  to 
ts  relief  from  General  Hancock's  brigade.  On 
nspccting  the  ground,  General  Smith  ordered 
he  other  regiments  of  Hancock's  brigade,  with 
Frank's  and  Cowen's  batteries,  First  New-York 


irtillery,  to  the  threatened  position.     Lieutenant 
Thomas  and  Captain  Cothran,  commanding  bat- 
eries,  bravely  held  their  positions  against  the  ad- 
•ancing  enemy,  handling  their  batteries  with  skill. 
Finding  the  enemy  still  advancing,  the  Third 
>rigade,  of  Smith's  division,  commanded  by  Col- 
nel  Irwin,  Forty-ninth  Pennsylvania  volunteers, 
fas  ordered  up,  and  passed  through  Lieutenant 
'homas's  battery,  charged  upon  the  enemy,  and 
rove   back   the   advance   until   abreast   of  the 
Junker   Church.     As  the  right  of  the  brigade 
ame  opposite  the  woods  it  received  a  destructive 
re,  which  checked  the  advance  and  threw  the 
brigade   somewhat  into   confusion.      It  formed 
again  behind  a  rise  of  ground  in  the  open  space 
in  advance  of  the  batteries. 

General  French  having  reported  to  General 
Franklin  that  his  ammunition  was  nearly  expend 
ed,  that  officer  ordered  General  Brooks,  with  his 
brigade,  to  reenforce  him.  General  Brooks  form 
ed  his  brigade  on  the  right  of  General  French, 
where  they  remained  during  the  remainder  of 
the  day  and  night,  frequently  under  the  tire  of 
the  enemy's  artillery. 

It  was  soon  after  the  brigade  of  Colonel  Irwin 
had  fallen  back  behind  the  rise  of  ground  that 
the  Seventh  Maine,  by  order  of  Colonel  Irwin, 
made  the  gallant  attack  already  referred  to. 

The  advance  of  General  Franklin's  corps  was 
opportune.  The  attack  of  the  enemy  on  this 
position,  but  for  the  timely  arrival  of  his  corps, 
must  have  been  disastrous,  had  it  succeeded  in 
oiercing  the  line  between  Generals  Sedgwick  and 
French's  divisions. 

General  Franklin  ordered  two  brigades  of  G<  n- 
ral  Slocum's  division,  General  Newton's  and 
/olonel  Torbert's,  to  form  in  column  to  assault 
he  woods  that  had  been  so  hotly  contested  before 
>y  Generals  Sumner  and  Hooker.  General  Bart- 
ett's  brigade  was  ordered  to  form  as  a  reserve. 
It  this  time  General  Sumner,  having  command 


DOCUMENTS. 


633 


on  the  right,  directed  further  offensive  operations 
to  be  postponed,  as  the  repulse  of  this,  the  only 
remaining  corps  available  for  attack,  would  peril 
the  safety  of  the  whole  army. 

General  Porter's  corps,  consisting  of  General 
Sykes's  division  of  regulars  and  volunteers  and 
General  Morell's  division  of  volunteers,  occupied 
a  position  on  the  east  side  of  Antietam  Creek, 
upon  the  main  turnpike  leading  to  Sharpsburgh, 
and  directly  opposite  the  centre  of  the  enemy's 
line.  This  corps  filled  the  interval  between  the 
right  wing  and  General  Burnside's  command,  and 
guarded  the  main  approach  from  the  enemy's 
position  to  our  trains  of  supply.  It  was  necessary 
to  watch  this  part  of  our  line  with  the  utmost 
vigilance,  lest  the  enemy  should  take  advantage 
of  the  first  exhibition  of  weakness  here  to  push 
upon  us  a  vigorous  assault,  for  the  purpose  of 
piercing  our  centre  and  turning  our  rear,  as  well 
as  to  capture  or  destroy  our  supply  trains.  Once 
having  penetrated  this  line,  the  enemy's  passage 
to  our  rear  could  have  met  with  but  feeble  re 
sistance,  as  there  were  no  reserves  to  reenforce 
or  close  up  the  gap. 

Toward  the  middle  of  the  afternoon,  proceed 
ing  to  the  right,  I  found  that  Sumner' 3,  Hooker's, 
and  Mansfield's  corps  had  met  with  serious  loss 
es.  Several  general  officers  had  been  carried 
from  the  field  severely  wounded,  and  the  aspect 
of  affairs  was  any  thing  but  promising.  At  the 
risk  of  greatly  exposing  our  centre,  I  ordered  two 
brigades  from  Porter's  corps,  the  only  available 
troops,  to  reenforce  the  right.  Six  battalions  of 
Sykes's  regulars  had  been  thrown  forward  across 
the  Antietam  bridge  on  the  main  road  to  attack 
and  drive  back  the  enemy's  sharp-shooters,  who 
were  annoying  Pleasanton's  horse  batteries  in 
advance  of  the  bridge  ;  Warren's  brigade  of  Por 
ter's  corps,  was  detached  to  hold  a  position  on 
Burnside's  right  and  rear;  so  that  Porter  was 
left  at  one  time  with  only  a  portion  of  Sykes's 
division  and  one  small  brigade  of  Morell's  division 
(but  little  over  three  thousand  men)  to  hold  his 
important  position. 

General  Sumner  expressed  the  most  decided 
opinion  against  another  attempt  during  that  day 
to  assault  the  enemy's  position  in  front,  as  por 
tions  of  our  troops  were  so  much  scattered  and 
demoralized.  In  view  of  these  circumstances, 
after  making  changes  in  the  position  of  some  of 
the  troops,  I  directed  the  different  commanders 
to  hold  their  positions,  and  being  satisfied  that 
this  could  be  done  without  the  assistance  of  the 
two  brigades  from  the  centre,  I  countermanded 
the  order,  which  was  in  course  of  execution. 

General  Slocum's  division  replaced  a  portion  of 
General  Sumner' s  troops,  and  positions  were  se 
lected  for  batteries  in  front  of  the  woods.  The 
enemy  opened  several  heavy  fires  of  artillery  on 
the  position  of  our  troops  after  this,  but  our  bat 
teries  soon  silenced  them. 

On  the  morning  of  the  seventeenth,  General 
Pleasanton,  with  his  cavalry  division  and  the 
horse  batteries,  under  Captains  Robertson,  Tid- 
ball,  and  Lieutenant  Haines,  of  the  Second  ar 


tillery,  and  Captain  Gibson,  Third  artillery,  was 
ordered  to  advance  on  the  turnpike  toward  Sharps- 
burgh,  across  bridge  Number  2,  and  support 
the  left  of  General  Sumner's  line.  The  bridge 
being  covered  by  a  fire  of  artillery  and  sharp 
shooters,  cavalry  skirmishers  were  thrown  out, 
and  Captain  Tidball's  battery  advanced  by  piece 
and  drove  off  the  sharp-shooters  with  canister  suf 
ficiently  to  establish  the  batteries  above  men 
tioned,  which  opened  on  the  enemy  with  effect. 
The  firing  was  kept  up  for  about  two  hours,  when, 
the  enemy's  fire  slackening,  the  batteries  were 
relieved  by  Randall's  and  Van  Reed's  batteries, 
United  States  artillery.  About  three  o'clock 
Tidball,  Robertson,  and  Haines  returned  to  their 
positions  on  the  west  of  Antietam,  Captain  Gib 
son  having  been  placed  in  position  on  the  east 
side  to  guard  the  approaches  to  the  bridge.  These 
batteries  did  good  service,  concentrating  their 
fire  on  the  column  of  the  enemy  about  to  attack 
General  Hancock's  position,  and  compelling  it  to 
find  shelter  behind  the  hills  in  rear. 

General  Sykes's  division  had  been  in  position 
since  the  fifteenth,  exposed  to  the  enemy's  artille 
ry  and  sharp-shooters.  General  Morell  had  come 
up  on  the  sixteenth,  and  relieved  General  Rich 
ardson  on  the  right  of  General  Sykes.  Contin 
ually,  under  the  vigilant  watch  of  the  enemy, 
this  corps  guarded  a  vital  point. 

The  position  of  the  batteries  under  General 
Pleasanton  being  one  of  great  exposure,  the  bat 
talion  of  the  Second  and  Tenth  United  States  in 
fantry,  under  Captain  Pollard,  Second  infantry, 
was  sent  to  his  support.  Subsequently  four  bat 
talions  of  regular  infantry,  under  Captain  Dryer, 
Fourth  infantry,  were  sent  across  to  assist  in 
driving  off  the  sharp-shooters  of  the  enemy. 

The  battalion  of  the  Second  and  Tenth  infantry, 
advancing  far  beyond  the  batteries,  compelled  the 
cannoneers  of  a  battery  of  the  enemy  to  abandon 
their  guns.  Few  in  numbers,  and  unsupported, 
they  were  unable  to  bring  them  off.  The  heavy 
loss  of  this  small  body  of  men  attests  their  gal 
lantry. 

The  troops  of  General  Burnside  held  the  left 
of  the  line  opposite  bridge  Number  3.  The  at 
tack  on  the  right  was  to  have  been  supported 
by  an  attack  on  the  left.  Preparatory  to  this  at 
tack,  on  the  evening  of  the  sixteenth,  General 
Burnside's  corps  was  moved  forward  and  to  the 
left,  and  took  up  a  position  nearer  the  bridge. 

I  visited  General  Burnside's  position  on  the 
sixteenth,  and  after  pointing  out  to  him  the  pro 
per  dispositions  to  be  made  of  his  troops  during 
the  day  and  night,  informed  him  that  he  would 
probably  be  required  to  attack  the  enemy's  right 
on  the  following  morning,  and  directed  him  to 
make  careful  reconnoissances. 

General  Burnside's  corps,  consisting  of  the  di 
visions  of  Generals  Cox,  Wilcox,  Rodman,  and 
Sturgis,  was  posted  as  follows :  Colonel  Brooks's 
brigade,  Cox's  division,  on  the  right,  General 
Sturgis's  division  immediately  in  rear.  On  the 
left  was  General  Rodman's  division,  with  General 
Scammon's  brigade,  Cox's  division,  in  support 


034 


REBELLION  RECORD,  1862-63. 


General  Wilcox's  division  was  held  in  reserve. 

The  corps  bivouacked  in  position  on  the  night 
of  the  sixteenth. 

Early  on  the  morning  of  the  seventeenth,  I  or 
dered  General  Burnside  to  form  his  troops,  and 
hold  them  in  readiness  to  assault  the  bridge  in 
his  front,  and  to  await  further  orders. 

At  eight  o'clock  an  order  was  sent  to  him  by 
Lieutenant  Wilson,  topographical  engineers,  to 
carry  the  bridge,  then  to  gain  possession  of  the 
heights  beyond,  and  to  advance  along  their  crest 
upon  Sharpsburgh  and  its  rear. 

After  some  time  had  elapsed,  not  hearing  from 
him,  I  despatched  an  aid  to  ascertain  what  had 
been  done.  The  aid  returned  with  the  informa 
tion  that  but  little  progress  had  been  made.  I 
then  sent  him  back  with  an  order  to  General 
Burnside  to  assault  the  bridge  at  once,  and  carry 
it  at  all  hazards.  The  aid  returned  to  me  a  sec 
ond  time  with  the  report  that  the  bridge  was  still 
in  the  possession  of  the  enemy.  Whereupon  I 
directed  Colonel  Sackett,  Inspector-General,  to 
deliver  to  General  Burnside  my  positive  order  to 

Eush  forward  his  troops  without  a  moment's  de- 
ly,  and,  if  necessary,  to  carry  the  bridge  at  the 
point  of  the   bayonet;    and   I   ordered   Colonel 
Sackett  to  remain  with  General  Burnside  and  see 
that  the  order  was  executed  promptly. 

After  these  three  hours'  delay,  the  bridge  was 
carried  at  one  o'clock  by  a  brilliant  charge  of  the 
Fifty-first  New- York  and  Fifty- first  Pennsylvania 
volunteers.  Other  troops  were  then  thrown  over, 
and  the  opposite  bank  occupied,  the  enemy  re 
treating  to  the  heights  beyond. 

A  halt  was  then  made  by  General  Burnside's 
advance  until  three  P.M.,  upon  hearing  which,  I 
directed  one  of  my  aids,  Colonel  Key,  to  inform 
General  Burnside  that  I  desired  him  to  push  for 
ward  his  troops  with  the  utmost  vigor,  and  carry 
the  enemy's  position  on  the  heights;  that  the 
movement  was  vital  to  our  success  ;  that  this 
was  a  time  when  we  must  not  stop  for  loss  of  life, 
if  a  great  object  could  thereby  be  accomplished. 
That  if,  in  his  judgment,  his  attack  would  fail,  to 
inform  me  so  at  once,  that  his  troops  might  be 
withdrawn  and  used  elsewhere  on  the  field.  He 
replied  that  he  would  soon  advance,  and  would 
go  up  the  hill  as  far  as  a  battery  of  the  enemy 
on  the  left  would  permit.  Upon  this  report,  I 
again  immediately  sent  Colonel  Key  to  General 
Burnside  with  orders  to  advance  at  once,  if  pos 
sible  to  flank  the  battery,  or  storm  it  and  carry 
the  heights  ;  repeating  that  if  he  considered  the 
movement  impracticable,  to  inform  me  so,  that 
his  troops  might  be  recalled.  The  advance  was 
then  gallantly  resumed,  the  enemy  driven  from 
the  guns,  the  heights  handsomely  carried,  and  a 
portion  of  the  troops  even  reached  the  outskirts 
of  Sharpsburgh.  By  this  time  it  was  nearly  dark, 
and  strong  reinforcements  just  then  reaching  the 
enemy  from  Harper's  Ferry,  attacked  General 
Burnside's  troops  on  their  left  flank,  and  forced 
them  to  retire  to  a  lower  line  of  hills  nearer  the 
bridge. 

If  this  important  movement  had  been  consum 
mated  two  hours  earlier,  a  position  would  have 


been  secured  upon  the  heights,  from  which  our 
batteries  might  have  enfiladed  the  greater  part  of 
the  enemy's  line,  and  turned  their  right  and  rear; 
our  victory  might  thus  have  been  much  more 
decisive. 

The  following  is  the  substance  of  General  Burn- 
side's  operations  as  given  in  his  report : 

Colonel  Crook's  brigade  was  ordered  to  storm 
the  bridge.  This  bridge,  No.  3,  is  a  stone  struc 
ture  of  three  arches  with  stone  parapets.  The 
banks  of  the  stream  on  the  opposite  side  are  pre 
cipitous,  and  command  the  eastern  approaches  to 
the  bridge.  On  the  hill-side,  immediately  by  the 
bridge,  was  a  stone  fence  running  parallel  to  the 
stream  ;  the  turns  of  the  roadway,  as  it  wound 
up  the  hill,  were  covered  by  rifle-pits  and  breast 
works  of  rails,  etc.  These  works,  and  the  woods 
that  covered  the  slopes,  were  filled  with  the  ene 
my's  riflemen,  and  batteries  were  in  position  to 
enfilade  the  bridge  and  its  approaches. 

General  Rodman  was  ordered  to  cross  the  ford 
below  the  bridge.  From  Colonel  Crook's  position 
it  was  found  impossible  to  carry  the  bridge. 

General  Sturgis  was  ordered  to  make  a  detail 
from  his  division  for  that  purpose.  He  sent  for 
ward  the  Second  Maryland  and  the  Sixth  New- 
Hampshire.  These  regiments  made  several  suc 
cessive  attacks  in  the  most  gallant  style,  but  were 
driven  back. 

The  artillery  on  the  left  were  ordered  to  con 
centrate  their  fire  on  the  woods  above  the  bridge. 
Colonel  Crook  brought  a  section  of  Captain  Sim- 
mons's  battery  to  a  position  to  command  the 
bridge,  The  Fifty-first  New- York  and  Fifty-first 
Pennsylvania  were  then  ordered  to  assault  the 
bridge.  Taking  advantage  of  a  small  spur  of  the 
hills  which  ran  parallel  to  the  river,  they  moved 
toward  the  bridge.  From  the  crest  of  this  spur 
they  rushed  with  bayonets  fixed  and  cleared  the 
bridge. 

The  division  followed  the  storming  party,  also 
the  brigade  of  Colonel  Crook's  as  a  support.  The 
enemy  withdrew  to  still  higher  ground,  some  five 
or  six  hundred  yards  beyond,  and  opened  a  fire 
of  artillery  on  the  troops  in  the  new  position  on 
the  crest  of  the  hill  above  the  bridge. 

General  Rodman's  division  succeeded  in  cross 
ing  the  ford  after  a  sharp  fire  of  musketry  and 
artillery,  and  joined  on  the  left  of  Sturgis,  Scam- 
mon's  brigade  crossing  as  support.  General  Wil- 
cox's  division  was  ordered  across  to  take  position 
on  General  Sturgis's  right. 

These  dispositions  being  completed  about  three 
o'clock,  the  command  moved  forward,  except 
Sturgis's  division,  left  in  reserve.  Clark's  and 
Durell's  batteries  accompanied  Rodman's  divi 
sion  ;  Cook's  battery  with  Wilcox's  division,  and 

section  of  Simmons' s  battery  with  Colonel 
Crook's  brigade.  A  section  of  Simmons's  battery 
and  Mullenburgh's  and  McMullan's  batteries  were 
in  position.  The  order  for  the  advance  was  obey-' 
ed  by  the  troops  with  alacrity.  General  Wilcox's 
division,  with  Crook  in  support,  moved  up  on 
both  sides  of  the  turnpike  leading  from  the  bridge 
to  Sharpsburgh,  General  Rodman's  division,  sup 
ported  by  Scammon's  brigade,  on  the  left  of  Gen- 


DOCUMENTS. 


635 


eral  Wilcox.  The  enemy  retreated  before  the 
advance  of  the  troops.  The  Ninth  New- York,  of 
General  Rodman's  division,  captured  one  of  the 
enemy's  batteries  and  held  it  for  some  time.  As 
the  command  was  driving  the  enemy  to  the  main 
heights  on  the  left  of  the  town,  the  light  division 
of  General  A.  P.  Hill  arrived  upon  the  field  of  bat 
tle  from  Harper's  Ferry,  and  with  a  heavy  artillery 
fire  made  a  strong  attack  on  the  extreme  left. 
To  meet  this  attack  the  left  division  diverged  from 
the  line  of  march  intended,  and  opened  a  gap  be 
tween  it  and  the  right.  To  fill  up  this  it  was 
necessary  to  order  the  troops  from  the  second 
line.  During  these  movements  General  Rodman 
was  mortally  wounded.  Colonel  Harland's  bri 
gade,  of  General  Rodman's  division,  was  driven 
back.  Colonel  Scammon's  brigade,  by  a  change 
of  front  to  rear  on  his  right  flank,  saved  the  left 
from  being  driven  completely  in.  The  fresh 
troops  of  the  enemy  pouring  in,  and  the  accumu 
lation  of  artillery  against  this  command,  destroy 
ed  all  hope  of  its  being  able  to  accomplish  any 
thing  more. 

It  was  now  nearly  dark.  General  Sturgis  was 
ordered  forward  to  support  the  left.  Notwith 
standing  the  hard  work  in  the  early  part  of  the 
day,  his  division  moved  forward  with  spirit, 
"With  its  assistance  the  enemy  were  checked  and 
held  at  bay. 

The  command  was  ordered  to  fall  back  by  Gen 
eral  Cox,  who  commanded  on  the  field  the  troops 
engaged  in  this  affair  beyond  the  Antietam.  The 
artillery  had  been  well  served  during  the  day. 
Night  closed  the  long  and  desperately  contested 
battle  of  the  seventeenth.  Nearly  two  hundred 
thousand  men  and  five  hundred  pieces  of  artillery 
were  for  fourteen  hours  engaged  in  this  memora 
ble  battle.  We  had  attacked  the  enemy  in  a  po 
sition  selected  by  the  experienced  engineer  then 
in  person  directing  their  operations.  We  had 
driven  them  from  their  line  on  one  flank,  and  se 
cured  a  footing  within  it  on  the  other.  The  army 
of  the  Potomac,  notwithstanding  the  moral  effect 
incident  to  previous  reverses,  had  achieved  a  vic 
tory  over  an  adversary  invested  with  the  prestige 
of  recent  success.  Our  soldiers  slept  that  night 
conquerors  on  a  field  won  by  their  valor  and  cov 
ered  with  the  dead  and  wounded  of  the  enemy. 

The  night,  however,  brought  with  it  grave  re 
sponsibilities.  Whether  to  renew  the  attack  on 
the  eighteenth,  or  to  defer  it,  even  with  the  risk 
of  the'enemy's  retirement,  was  the  question  be 
fore  me. 

After  a  night  of  anxious  deliberation  and  a  full 
and  careful  surve}T  of  the  situation  and  condition 
of  our  army,  the  strength  and  position  of  the  en 
emy,  I  concluded  that  the  success  of  an  attack  on 
the  eighteenth  was  not  certain.  I  am  aware  of 
the  fact  that,  under  ordinary  circumstances  a 
general  is  expected  to  risk  a  battle  if  he  has  a  rea 
sonable  prospect  of  success ;  but  at  this  critical 
juncture  I  should  have  had  a  narrow  view  of  the 
condition  of  the  country  had  I  been  willing  to  haz 
ard  another  battle  with  less  than  an  absolute  as 
surance  of  success.  At  that  moment — Virginia 
lost,  Washington  menaced,  Maryland  invaded — 


the  National  cause  could  afford  no  risks  of  defeat 
One  battle  lost,  and  almost  all  would  have  been 
lost.  Lee's  army  might  then  have  marched  as  it 
pleased,  on  Washington,  Baltimore,  Philadelphia, 
or  New-York.  It  could  have  levied  its  supplies 
from  a  fertile  and  undevastatcd  country ;  extort 
ed  tribute  from  wealthy  and  populous  cities ;  and 
nowhere  east  of  the  Alleghanies  was  there  another 
organized  force  able  to  arrest  its  march. 

The  following  are  among  the  considerations 
which  led  me  to  doubt  the  certainty  of  success  in 
attacking  before  the  nineteenth  : 

The  troops  were  greatly  overcome  by  the  fa 
tigue  and  exhaustion  attendant  upon  the  long- 
continued  and  severely  contested  battle  of  the 
seventeenth,  together  with  the  long  day  and  night 
marches  to  which  they  had  been  subjected  during 
the  previous  three  days. 

The  supply-trains  were  in  the  rear,  and  many 
of  the  troops  had  suffered  from  hunger.  They 
required  rest  and  refreshment. 

One  division  of  Sumner's  and  all  of  Hooker's 
corps,  on  the  right,  had,  after  fighting  most  val 
iantly  for  several  hours,  been  overpowered  by 
numbers,  driven  back  in  great  disorder,  and  much 
scattered,  so  that  they  were  for  the  time  some 
what  demoralized. 

In  Hooker's  corps,  according  to  the  return  made 
by  General  Meade,  commanding,  there  were  but 
six  thousand  seven  hundred  and  twenty-nine  men 
present  on  the  eighteenth  ;  whereas,  on  the  morn 
ing  of  the  twenty-second,  there  were  thirteen 
thousand  and  ninety-three  men  present  for  duty 
in  the  same  corps,  showing  that  previous  to  and 
during  the  battle  six  thousand  three  hundred  and 
sixty-four  men  were  separated  from  their  com 
mand. 

General  Meade,  in  an  official  communication 
upon  this  subject,  dated  September  eighteenth, 
1862,  says: 

"  I  inclose  a  field-return  of  the  corps  made  this 
afternoon,  which  I  desire  you  will  lay  before  the 
Commanding  General.  I  am  satisfied  the  great 
reduction  in  the  corps  since  the  recent  engage 
ments  is  not  due  solely  to  the  casualties  of  battle, 
and  that  a  considerable  number  of  men  are  still 
in  the  rear,  some  having  dropped  out  on  the  march, 
and  many  dispersing  and  leaving  yesterday  dur 
ing  the  fight.  I  think  the  efficiency  of  the  corps, 
so  far  as  it  goes,  good.  To  resist  an  attack  in  our 
present  strong  position  I  think  they  may  be  de 
pended  on,  and  I  hope  they  will  perform  duty  in 
case  we  make  an  attack,  though  I  do  not  think 
their  morale  is  as  good  for  an  offensive  as  a  de 
fensive  movement." 

One  division  of  Sumner's  corps  had  also  been 
overpowered,  and  was  a  good  deal  scattered  and 
demoralized.  It  was  not  deemed  by  its  corps 
commander  in  proper  condition  to  attack  the  en 
emy  vigorously  the  next  day. 

Some  of  the  new  troops  on  the  left,  although 
many  of  them  fought  well  during  the  battle,  and 
are  entitled  to  great  credit,  were,  at  the  close  of 
the  action,  driven  back,  and  their  morale  im 
paired. 

On  the  morning  of  the  eighteenth,  General 


€36 


REBELLION   RECORD,  1862-68. 


Burnside  requested  me  to  send  him  another  divi 
sion  to  assist  in  holding  his  position  on  the  other 
side  of  the  Antietam,  and  to  enable  him  to  with 
draw  his  corps  if  he  should  be  attacked  by  a  su 
perior  force.  He  gave  me  the  impression  that  if 
he  were  attacked  again  that  morning  he  would 
not  be  able  to  make  a  very  vigorous  resistance. 
I  visited  his  position  early,  determined  to  send 
General  Morell's  division  to  jiis  aid,  and  directed 
that  it  should  be  placed  on  this  side  of  the  Antie 
tam,  in  order  that  it  might  cover  the  retreat  of  his 
own  corps  from  the  other  side  of  the  Antietam, 
should  that  become  necessary,  at  the  same  time 
it  was  in  position  to  reenforce  our  centre  or  right, 
if  that  were  needed. 

Late  in  the  afternoon  I  found  that,  although  he 
had  not  been  attacked,  General  Burnside  had 
withdrawn  his  own  corps  to  this  side  of  the  An 
tietam,  and  sent  over  Morell's  division  alone  to 
hold  the  opposite  side. 

A  large  number  of  our  heaviest  and  most  effi 
cient  batteries  had  consumed  all  their  ammuni 
tion  on  the  sixteenth  and  seventeenth,  and  it  was 
impossible  to  supply  them  until  late  on  the  fol 
lowing  day. 

Supplies  of  provisions  and  forage  had  to  be 
brought  up  and  issued,  and  infantry  ammunition 
distributed. 

Finally,  reinforcements  to  the  number  of  four 
teen  thousand  men  —  to  say  nothing  of  troops 
expected  from  Pennsylvania  —  had  not  arrived, 
but  were  expected  during  the  day. 

The  eighteenth  was,  therefore,  spent  in  collect 
ing  the  dispersed,  giving  rest  to  the  fatigued,  re 
moving  the  wounded,  burying  the  dead,  and  the 
necessary  preparations  for  a  renewal  of  the  battle. 

Of  the  reinforcements,  Couch's  division,  march 
ing  with  commendable  rapidity,  came  up  into  po 
sition  at  a  late  hour  in  the  morning.  Humphrey's 
division  of  new  troops,  in  their  anxiety  to  parti 
cipate  in  the  battle  which  was  raging,  when  they 
received  the  order  to  march  from  Frederick  at 
about  half-past  three  P.M.,  on  the  seventeenth, 
pressed  forward  during  the  entire  night,  and  the 
mass  of  the  division  reached  the  army  during  the 
following  morning.  Having  marched  more  than 
twenty -three  miles  after  half-past  four  o'clock  on 
the  preceding  afternoon,  they  were,  of  course, 
greatly  exhausted,  and  needed  rest  and  refresh 
ment.  Large  reinforcements  expected  from  Penn 
sylvania  never  arrived.  During  the  eighteenth, 
orders  were  given  for  a  renewal  of  the  attack  at 
daylight  on  the  nineteenth. 

On  the  night  of  the  eighteenth  the  enemy,  af 
ter  passing  troops  in  the  latter  part  of  the  day 
from  the  Virginia  shore  to  their  position  behind 
Sharpsburgh,  as  seen  by  our  officers,  suddenly 
formed  the  design  of  abandoning  their  position, 
and  retreating  across  the  river.  As  their  line  was 
but  a  short  distance  from  the  river,  the  evacua 
tion  presented  but  little  difficulty,  and  was  effect 
ed  before  daylight. 

About  two  thousand  seven  hundred  of  the  en 
emy's  dead  were,  under  the  direction  of  Major 
Davis,  Assistant  Inspector-General,  counted  and 
buried  upon  the  battle-field  of  Antietam,  A  por 


tion  of  their  dead  had  been  previously  buried  by 
the  enemy.  This  is  conclusive  evidence  that  the 
enomy  sustained  much  greater  loss  than  we. 

Thirteen  guns,  thirty-nine  colors,  upward  of 
fifteen  thousand  stand  of  small  arms,  and  more 
than  six  thousand  prisoners,  were  the  trophies 
which  attest  the  success  of  our  army  in  the  bat 
tles  of  South-Mountain,  Crainpton's  Gap,  and  An 
tietam. 

Not  a  single  gun  or  color  was  lost  by  our  army 
during  these  battles.  (See  table,  page  637.) 

An  estimate  of  the  forces  under  the  confeder 
ate  General  Lee,  made  up  by  direction  of  Gene 
ral  Banks,  from  information  obtained  by  the  ex 
amination  of  prisoners,  deserters,  spies,  etc., 
previous  to  the  battle  of  Antietarn,  is  as  follows : 

General  T.  J.  Jackson's  corps, 24,778  men. 

General  James  Longstreet's  corps,  .  .28,342  u 

General  D.  H.  Hill's  Second  division,15,525  " 

General  J.  E.  B.  Stuart,  cavalry, 6,400  " 

General  Ransom's  and  Jenkins's  bri 
gade,  3,000  " 

Forty-six  regiments  not  included  in 

above, 18,400  " 

Artillery,  estimated  at  four  hundred 

guns, 6,000  " 


Total, 97,445    " 

These  estimates  give  the  actual  number  of  men 
present  and  fit  for  duty. 

Our  own  forces  at  the  battle  of  Antietam  were 
as  follows : 

First  corps, 14,856  men. 

Second  corps, 18,813  " 

Fifth  corps,  (one  division  not  arrived,)  12, 9 30  u 

Sixth  corps, 12,300  " 

Ninth  corps, 13,819  " 

Twelfth  corps, 10,126  " 

Cavalry  division, 4,320  " 

Total  in  action, 87,164    " 

When  our  cavalry  advance  reached  the  river 
on  the  morning  of  the  nineteenth,  it  was  discov 
ered  that  nearly  all  the  enemy's  forces  had  cross 
ed  into  Virginia  during  the  night,  their  rear  es 
caping  under  cover  of  eight  batteries,  placed  in 
strong  positions  upon  the  elevated  bluffs  on  the 
opposite  bank.  General  Porter,  commanding  the 
Fifth  corps,  ordered  a  detachment  from  Griffin's 
and  Barnes's  brigades,  under  General  Griffin,  to 
cross  the  river  at  dark,  and  carry  the  enemy's 
batteries.  This  was  gallantly  done  under  the 
fire  of  the  enemy ;  several  guns,  caissons,  etc., 
were  taken,  and  their  supports  driven  back  half 
a  mile. 

The  information  obtained  during  the  progress 
of  this  affair  indicated  that  the  mass  of  the  ene 
my  had  retreated  on  the  Charlestovvn  and  Mar- 
tinsburgh  roads,  toward  Winchester.  To  verify 
this,  and  to  ascertain  how  far  the  enemy  had  re 
tired,  General  Porter  was  authorized  to  detach 
from  his  corps,  on  the  morning  of  the  twentieth, 
a  reconnoitring  party  in  greater  force.  This  de 
tachment  crossed  the  river,  and  advanced  about 


DOCUMENTS. 


637 


a  mile,  when  it  was  attacked  by  a  large  body  of 
the  enemy  lying  in  ambush  in  the  woods,  and 
driven  back  across  the  river  with  considerable 


loss.  This  reconnoissance  showed  that  the  ene 
my  was  still  in  force  on  the  Virginia  bank  of  the 
Potomac,  prepared  to  resist  our  further  advance. 


Tabular  Report  of  Casualties  in  the  Army  of  the  Potomac  in  the  Battle  of  Antietam,  on  the 
IQth  and  17 th  of  September,  1862. 


Corps  and  Divisions. 

General 
officers. 

Other  offi 
cers. 

Enlisted  Men. 

Aggregate. 

I 

•a 
a 

si 

O 

T3 

3 

a 

Wounded. 

•a" 

w 

Wounded. 

i 

q 
M 

Wounded. 

! 

is 

73 

a 
M 

Wounded. 

hi> 

.9 

2 

s 

First  corps,  Major-General  Hooker: 

98 
157 
97 

669 
898 
449 

2016 

95 
187 
23 

862 
1188 
569 

Third  division,  

Total                                         .... 

— 

348 

255 

2619 

Second  corps,  Major-General  Sumner  : 
First  division,  

1 

0 

20 

39 

192 

855 

272 

860 

1577 
1271 

8708 

24 
821 
203 

212 
355 
293 

900 
1579 
1322 

24 
821 
203 

1136 
2255 
1S38 

1 
4 

21 

50 

Total,    

41 

89 

819 

548 

860 

3801 

548 

5209 

Fifth  corps,  Major-General  F.  J.  Porter: 

Second  division,  

2 

18 

7 

92 
13 

1 
1 

13 

8 

94 

13 

1 
1 

108 
22 

1 

Total                           

1 

2 

20 

105 

2 

21 

107 

2 

130 

Btslfl  corps,  Major-General  Franklin  : 

5 
65 

58 
277 

2 

81 

65 
873 

Second  division,  

Total 

70 

335 

33 

438 

Ninth  corps,  Major-General  Burnside  : 
First  division,  

2 

7 
8 
5 

20 
29 

40 

7 

44 
121 
212 
83 

264 
493 
743 
145 

7 
20 
70 
23 

48 
12S 
220 
88 

284 
522 
783 
152 

7 
20 
70 
23 

837 
679 
1078 
213 

Second  division,  

Third  division,  

Fourth  division,  

Total,    

— 



22 

96 

410 

1645 

120 

432 

1741 

120 

2293 

Twelfth  corps,  (General  Banks,)  Brig.-Gen. 
Williams  commanding: 

9 
6 

85 
26 

151 
107 
1 

827 
481 
15 

54 
30 
1 

160 
113 
1 

862 
507 
15 

54 
30 
1 

85 

1076 
650 
17 

Artillery,  

Total 

15 

61 

259 

1323 

85 

274 

1384 

1743 

Major-General  Couch's  division,  

1 

8 

9 
23 

9 

23 

Bri"1  -Gen.  Pleasanton  cavalry  division,.  . 

5 

Grand  total 

— 

4 

79 

249 

1508 

6789 

755 

2010 

9416 

1043 

12,469 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,     J 
CAMP  NEAR  SHARPSBURGH,  September  29, 1862.  f 
Official. 


S.  WILLIAMS, 

Assistant  Adjutant-General. 


It  was  reported  to  me  on  the  nineteenth  that 
General  Stuart  had  made  his  appearance  at  Wil- 
liamsport  with  some  four  thousand  cavalry  and 
six  pieces  of  artillery,  and  that  ten  thousand  in 
fantry  were  marching  on  the  same  point  from 
the  direction  of  Winchester.  I  ordered  General 
Couch  to  march  at  once  with  his  division,  and  a 
part  of  Pleasanton' s  cavalry,  with  Franklin's 
corps,  within  supporting  distance,  for  the  pur 
pose  of  endeavoring  to  capture  this  force.  Gen- 

SUP.  Doc.  41 


eral  Couch  made  a  prompt  and  rapid  march  to 
Williamsport,  and  attacked  the  enemy  vigorous 
ly,  but  they  made  their  escape  across  the  river. 
I  despatched  the  following  telegraphic  report 
to  the  General-in-Chief: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
SHARPSBURGH,  September  19,  1862.      f 

I  have  the  honor  to  report  that  Maryland  is 
entirely  freed  from  the  presence  of  the  enemy, 
who  has  been  driven  across  the  Potomac.  No 


6*8 


REBELLION  RECORD,  1862-63. 


fears  need  now  be  entertained  for  the  safety  of 
Pennsylvania.  I  shall  at  once  occupy  Harper's 
Perry.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

On  the  following  day  I  received  this  telegram  : 

WASHINGTON,  September  20, 1862— 2  P.M. 
We  are  still  left  entirely  in  the  dark  in  regard 
to  your  own  movements  and  those  of  the  enemy. 
This  should  not  be  so.     You  should  keep  me  ad 
vised  of  both,  so  far  as  you  know  them. 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  G.  B.  MCCLELLAN. 
To  which  I  answered  as  follows : : 

hkEADQUARTKRS  ARMY  OF  THE  POTOMAC,        ) 

N«AR  SHAKPSBUROH,  September  20, 1862—8  P.M.  j 

Your  telegram  of  to-day  is  received.  I  tele 
graphed  you  yesterday  all  I  knew,  and  had  noth 
ing  more  to  inform  you  of  until  this  evening. 
Williams' s  corps  (Banks's)  occupied  Maryland 
Heights  at  one  P.M.  to  day.  The  rest  of  the  army 
is  near  here,  except  Couch's  division,  which  is  at 
this  moment  engaged  with  the  enemy  in  front  of 
Williamsport ;  the  enemy  is  retiring  via  Charles- 
town  and  Martinsburgh,  on  Winchester.  He  last 
night  reoccupied  Williamsport  by  a  small  force, 
but  will  be  out  of  it  by  morning.  I  think  he 
has  a  force  of  infantry  near  Shepherdstown. 

I  regret  that  you  find  it  necessary  to  couch 
every  despatch  I  have  the  honor  to  receive  from 
you  in  a  spirit  of  fault-finding,  and  that  you  have 
not  yet  found  leisure  to  say  one  word  in  commenda 
tion  of  the  recent  achievements  of  this  army,  or 
even  to  allude  to  them. 

I  have  abstained  from  giving  the  number  of 
guns,  colors,  small  arms,  prisoners,  etc.,  captur 
ed,  until  I  could  do  so  with  some  accuracy.  I 
hope  by  to-morrow  evening  to  be  able  to  give  at 
least  an  approximate  statement. 

G.  B.  MC,CLELLAN, 

Major-General  Commanding 

Major-General  HALLECK, 

General-in-Chief,  Washington. 

On  the  same  day  I  telegraphed  as  follows  : 

HKADQCABTBRS  ARMY  OF  THE  POTOMAC,  ) 
September  20,  1862.      J 

As  the  rebel  army,  now  on  the  Virginia  side 
of  the  Potomac,  must  in  a  great  measure  be  de 
pendent  for  supplies  of  ammunition  and  provisions 
upon  Richmond,  I  would  respectfully  suggest 
that  General  Banks  be  directed  to  send  out  a 
cavalry  force  to  cut  their  supply  communication 
opposite  Washington.  This  would  seriously  em 
barrass  their  operations,  and  will  aid  this  army 
materially.  G.  B.  MCCLELLAN, 

Major-General  Commanding 

Major-General  H.  W.  HALLECK, 

Commanding  United  States  Army. 

Maryland  Heights  were  occupied  by  Genera 
Wilnams's  corps  on  this  day,  and  on  the  twenty 
second  General  Sumner  took  possession  of  Har 
pex's  Ferry 


It  will  be  remembered  that  at  the  time  T  was 
assigned  to  the  command  of  the  forces  for  the  de- 
ence  of  the  national  capital,  on  the  second  day 
>f  September,  1802,  the  greater  part  of  all  the 
vailable  troops  wer?  suffering  under  the  dis- 
leartening  influences  of  the  serious  defeat  they 
ad  encountered  during  the  brief  and  unfortu- 
late  campaign  of  General  Pope.  Their  numbers 
vere  greatly  reduced  by  casualties,  their  confi 
dence  was  much  shaken,  and  they  had  lost  some- 
hing  of  that  "esprit  du  corps"  which  is  indis- 
>ensable  to  the  efficiency  of  an  army.  More- 
>ver,  they  had  left  behind,  lost,  or  worn  out,  the 
greatest  part  of  their  clothing  and  camp  equip- 
ige,  which  required  renewal  before  they  could 
)e  in  proper  condition  to  take  the  field  again. 

The  intelligence  that  the  enemy  was  crossing 
he  Potomac  into  Maryland  was  received  in  Washi 
ngton  on  the  fourth  of  September,  and  the  army 
of  the  Potomac  was  again  put  in  motion,  under 
my  direction,  on  the  following  day,  so  that  but  a 
ery  brief  interval  of  time  was  allowed  to  reor- 
anize  or  procure  supplies. 

The  sanguinary  battles  of  South-Mountain  and 
Antietam  fought  by  this  army  a  few  days  after 
ward,  with  the  recconnoissances  immediately  fol- 
owing,  resulted  in  a  loss  to  us  of  ten  general 
officers,  many  regimental  and  company  officers, 
and  a  large  number  of  enlisted  men,  amounting 
n  the  aggregate  to  fifteen  thousand  two  hundred 
and  twenty,  (15,220.)  Two  army  corps  had 
been  sadly  cut  up,  scattered,  and  somewhat  de 
moralized  in  the  action  on  the  seventeenth. 

In  General  Sumner's  corps  alone,  forty-one  (41) 
commissioned  officers  and  eight  hundred  and 
nineteen  (819)  enlisted  men  had  been  killed ; 
four  (4)  general  officers,  eighty-nine  (89)  other 
commissioned  officers,  and  three  thousand  seven 
hundred  and  eight  (3708)  enlisted  men  had  been 
wounded,  beside  five  hundred  and  forty-eight 
(548)  missing  ;  making  the  aggregate  loss  in  this 
splendid  veteran  corps,  in  this  one  battle,  five 
thousand  two  hundred  and  nine,  (5209.) 

In  General  Hooker's  corps  the  casualties  of  the 
same  engagement  amounted  to  two  thousand  six 
hundred  and  nineteen,  (2619.) 

The  entire  army  had  been  greatly  exhausted 
by  unavoidable  overwork,  fatiguing  marches, 
hunger,  and  want  of  sleep  and  rest,  previous  to 
the  last  battle. 

When  the  enemy  recrossed  the  Potomac  into 
Virginia  the  means  of  transportation  at  my  dis 
posal  were  inadequate  to  furnish  a  single  day's 
supply  of  subsistence  in  advance. 

Many  of  the  troops  were  new  levies,  some  of 
whom  had  fought  like  veterans,  but  the  morale 
of  others  had  been  a  good  deal  impaired  in  those 
severely  contested  actions,  and  they  required 
time  to  recover  as  well  as  to  acquire  the  neces 
sary  drill  and  discipline. 

Under  these  circumstances  I  did  not  feel  au 
thorized  to  cross  the  river  with  the  main  army 
over  a  very  deep  and  difficult  ford  in  p  irsuit  of 
the  retreating  enemy,  known  to  be  in  strong  force 
on  the  south  bank,  and  thereby  place  that  stream, 
which  was  liable  at  any  time  to  rise  above  a  ford- 


DOCUMENTS. 


639 


,;c,, 

UH.J 


ing  stage,  between  my  army  and  its  base  of  sup 
ply. 

I  telegraphed  on  the  twenty-second  to  the  Gen 
eral-in-Chief  as  follows : 

"As  soon  as  the  exigencies  of  the  service  will 
admit  of  it,  this  army  should  be  reorganized.  It 
is  absolutely  necessary,  to  secure  its  efficiency, 
that  the  old  skeleton  regiments  should  be  filled 
up  at  once,  and  officers  appointed  to  supply  the 
numerous  existing  vacancies.  There  are  instan 
ces  where  captains  are  commanding  regiments, 
and  companies  are  without  a  single  commissioned 
officer." 

On  the  twenty-third  the  following  was  tele 
graphed  to  the  General-in-Chief: 

HEADQUARTERS  ARMY  OF  THE  POTOMAC, 

NEAR  SHEPHERDS-TOWN, 
September  23,  1S62— 9.30  A.M 

From  several  different  sources  I  learn  that 
General  R.  E.  Lee  is  still  opposite  to  my  position 
at  Leestown,  between  Shepherdstown  and  Mar- 
tinsburgh,  and  that  General  Jackson  is  on  the 
Opequan  Creek,  about  three  miles  above  its 
mouth,  both  with  large  forces.  There  are  also 
indications  of  heavy  reenforcernents  moving  to 
ward  them  from  Winchester  and  Charlestown. 
I  have  therefore  ordered  General  Franklin  to 
take  position  with  his  corps  at  the  cross-roads 
about  one  mile  north-east  of  Bakersville,  on  the 
Bakersville  and  Williamsport  Road,  and  General 
Couch  to  establish  his  division  near  Downsville, 
leaving  sufficient  force  at  Williamsport  to  watch 
and  guard  the  ford  at  that  place.  The  fact  of  the 
enemy's  remaining  so  long  in  our  front,  and  the 
indications  of  an  advance  of  reinforcements,  seem 
to  indicate  that  he  will  give  us  another  battle  with 
all  his  available  force. 

As  I  mentioned  to  you  before,  our  army  has 
been  very  much  reduced  by  casualties  in  the  re 
cent  battles,  and  in  my  judgment  all  the  reen 
forcernents  of  old  troops  that  can  possibly  be  dis 
pensed  with  around  Washington  and  other  places 
should  be  instantly  pushed  forward  by  rail  to 
this  army.  A  defeat  at  this  juncture  would  be 
ruinous  to  our  cause.  I  cannot  think  it  possible 
that  the  enemy  will  bring  an}r  forces  to  bear  upon 
Washington  till  after  the  question  is  decided 
here ;  but  if  he  should,  troops  can  soon  be  sent 
back  from  this  army  by  rail  to  reenforce  the  gar 
rison  there. 

The  evidence  T  have  that  reinforcements  are 
coming  to  the  rebel  army  consists  in  the  fact  that 
long  columns  of  dust  extending  from  Winchester 
to  Charlestown  and  from  Charlestown  in  this  di 
rection,  and  also  troops  moving  this  way,  were 
seen  last  evening.  This  is  corroborated  by  citi 
zens.  General  Sumner  with  his  corps  and  Wil- 
liams's  (Banks's)  occupies  Harper's  Ferry  and 
the  surrounding  heights.  I  think  he  will  be  able 
to  hold  his  position  till  reinforcements  arrive. 

G.  B.  McCLELLAN, 

Maj  or-G  eneral. 

Major-General  HALLECK, 

General-in-Chief,  Washington. 

On  the  twenty-seventh  I  made  the  following 
report : 


HEADQUARTERS  ARMY  OF  THB  POTCMAC,  ) 
September  27,  1862— 10  A.M.  J 

All  the  information  in  my  possession  goes  to 
prove  that  the  main  body  of  the  enemy  is  con 
centrated  not  far  from  Mai  iinsburgh,  with  some 
troops  at  Charlestown ;  not  many  in  Winches 
ter.  Their  movements  of  late  have  been  an  ex 
tension  toward  our  right  and  beyond  it.  They 
are  receiving  rcenforcements  in  Winchester,  main 
ly,  I  think,  of  conscripts — perhaps  entirely  so. 

This  army  is  not  now  in  condition  to  under 
take  another  campaign,  nor  to  bring  on  another 
battle,  unless  great  advantages  are  offered  by 
some  mistake  of  the  enemy,  or  pressing  military 
exigencies  render  it  necessary.  We  are  greatly 
deficient  in  officers.  Many  of  the  old  regiments 
are  reduced  to  mere  skeletons.  The  new  regi 
ments  need  instruction.  Not  a  day  should  be 
lost  in  filling  the  old  regiments  —  our  main  de 
pendence — and  in  supplying  vacancies  among  the 
officers  by  promotion. 

My  present  purpose  is  to  hold  the  army  about 
as  it  is  now,  rendering  Harper's  Ferry  secure,  and 
watching  the  river  closely,  intending  to  attack 
the  enemy  should  he  attempt  to  cross  to  this 
side. 

Our  possession  of  Harper's  Ferry  gives  us  the 
great  advantage  of  a  secure  debouche,  but  we 
cannot  avail  ourselves  of  it  until  the  railroad 
bridge  is  finished,  because  we  cannot  otherwise 
supply  a  greater  number  of  troops  than  we  now 
have  on  the  Virginia  side  at  that  point.  When 
the  river  rises  so  that  the  enemy  cannot  cross  in 
force,  I  purpose  concentrating  the  army  some 
where  near  Harper's  Ferry,  arid  then  acting  ac 
cording  to  circumstances,  namely,  moving  on 
Winchester,  if  from  the  position  and  attitude  of 
the  enemy  we  are  likely  to  gain  a  great  advan 
tage  by  doing  so,  or  else  devoting  a  reasonable 
time  to  the  organization  of  the  army  and  instruc 
tion  of  the  new  troops,  preparatory  to  an  advance 
on  whatever  line  may  be  determined.  In  any 
event,  I  regard  it  as  absolutely  necessary  to  send 
new  regiments  at  once  to  the  old  corps,  for  pur 
poses  of  instruction,  and  that  the  old  regiments 
be  filled  at  once.  I  have  no  fears  as  to  an  at 
tack  on  Washington  by  the  line  of  Manassas. 
Holding  Harper's  Ferry  as  I  do,  they  will  not 
run  the  risk  of  an  attack  on  their  flank  and  rear 
while  they  have  the  garrison  of  Washington  in 
their  front. 

I  rather  apprehend  a  renewal  of  the  attempt 
in  Maryland  should  the  river  remain  low  for  a 
great  length  of  time,  and  should  they  receive 
considerable  addition  to  their  force.  I  would  be 
glad  to  have  Peck's  division  as  soon  as  possible. 
I  am  surprised  that  Sigel's  men  should  have  been 
sent  to  Western  Virginia  without  my  knowledge. 
The  last  I  heard  from  you  on  the  subject  was 
that  they  were  at  my  disposition.  In  the  last 
battles  the  enemy  was  undoubtedly  greatly  supe 
rior  to  us  in  number,  and  it  was  only  by  very 
hard  fighting  that  we  gained  the  advantage  we 
did.  As  it  was,  the  result  was  at  one  period 
very  doubtful,  and  we  had  all  we  could  do  to  win 
the  day.  If  the  enemy  receives  considerable  re- 


640 


REBELLION  RECORD,  1862-63. 


enforcements  and  we  none,  it  is  possible  that  I 
may  have  too  much  on  my  hands  in  the  next 
battle.  My  own  view  of  the  proper  policy  to  be 
pursued  is  to  retain  in  Washington  merely  the 
force  necessary  to  garrison  it,  and  to  send  every 
thing  else  available  to  reenforce  this  avmy.  The 
railways  give  us  the  means  of  promptly  rcenforc- 
ing  Washington  should  it  become  necessary.  If 
I  am  reenforced,  as  I  ask,  and  am  allowed  to  take 
my  own  course,  I  will  hold  myself  responsible 
for  the  safety  of  Washington.  Several  persons 
recently  from  Richmond  say  that  there  are  no 
troops  there  except  conscripts,  and  they  few  in 
number.  I  hope  to  give  you  details  as  to  late 
battles  by  this  evening.  I  am  about  starting 
again  for  Harper's  Ferry.  G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  HALLECK, 

General-in-Chief,  Washington. 

The  work  of  reorganizing,  drilling,  and  sup 
plying  the  army  I  began  at  the  earliest  moment. 
The  different  corps  were  stationed  along  the  river 
in  the  best  positions  to  cover  and  guard  the  fords. 
The  great  extent  of  the  river-front  from  near 
Washington  to  Cumberland,  (some  one  hundred 
and  fifty  miles,)  together  with  the  line  of  the  Bal 
timore  and  Ohio  Railroad,  was  to  be  carefully 
watched  and  guarded,  to  prevent,  if  possible,  the 
enemy's  raids.  Reconnoissances  upon  the  Vir 
ginia  side  of  the  river,  for  the  purpose  of  learning 
the  enemy's  positions  and  movements,  were  made 
frequently,  so  that  our  cavalry,  which  from  the 
time  we  left  Washington  had  performed  the  most 
laborious  service,  and  had  from  the  commence 
ment  been  deficient  in  numbers,  was  found  to 
tally  inadequate  to  the  requirements  of  the  army. 

This  overwork  has  broken  down  the  greater 
part  of  the  horses  ;  disease  had  appeared  among 
them,  and  but  a  very  small  portion  of  our  origin 
al  cavalry  force  was  fit  for  service. 

To  such  an  extent  had  this  arm  become  re 
duced,  that  when  General  Stuart  made  his  raid 
into  Pennsylvania  on  the  eleventh  of  October 
with  two  thousand  men,  I  could  only  mount 
eight  hundred  men  to  follow  him. 

Harper's  Ferry  was  occcupied  on  the  twenty- 
second,  and  in  order  to  prevent  a  catastrophe 
similar  to  the  one  which  had  happened  to  Colo 
nel  Miles,  I  immediately  ordered  Maryland,  Boli 
var,  and  Loudon  Heights  to  be  strongly  fortified. 
This  was  done  as  far  as  the  time  and  means  at 
our  disposal  permitted. 

The  main  army  of  the  enemy,  during  this  time, 
remained  in  the  vicinity  of  Martinsburgh  and 
Bunker  Hill,  and  occupied  itself  in  drafting  and 
coercing  every  able-bodied  citizen  into  the  ranks, 
forcibly  taking  their  property,  where  it  was  not 
voluntarily  offered,  burning  bridges,  and  destroy 
ing  railroads. 

On  the  first  day  of  October,  His  Excellency  the 
President  honored  the  army  of  the  Potomac  with 
a  visit  and  remained  several  days,  during  which 
he  went  through  the  different  encampments,  re 
viewed  the  troops,  and  went  over  the  battle 
fields  of  South-Mountain  and  Antietam.  I  had 
the  opportunity  during  this  visit  to  describe  to 


him  the  operations  of  the  army  since  the  time  it 
left  Washington,  and  gave  him  my  reasons  for 
not  following  the  enemy  after  he  crossed  the  Po 
tomac. 

On  the  fifth  of  October,  the  division  of  Gen 
eral  Cox  (about  five  thousand  men)  was  ordered 
from  my  command  to  Western  Virginia. 

On  the  seventh  of  October  I  received  the  fol 
lowing  telegram : 

"WASHINGTON,  D.  C.,  October  6,  1S62. 

I  am  instructed  to  telegraph  you  as  follows: 
The  President  directs  that  you  cross  the  Poto 
mac  and  give  battle  to  the  enem}%  or  drive  him 
south.  Your  army  must  move  now,  while  the 
roads  are  good.  If  you  cross  the  river  between 
the  enemy  and  Washington,  and  cover  the  latter 
by  your  operation,  you  can  be  reenforced  with 
thirty  thousand  men.  If  you  move  up  the  val 
ley  of  the  Shenandoah,  not  more  than  twelve 
or  fifteen  thousand  can  be  sent  you.  The  Presi 
dent  advises  the  interior  line  between  Washing 
ton  and  the  enemy,  but  does  not  order  it.  He 
is  very  desirous  that  your  army  move  as  soon  as 
possible.  You  will  immediately  report  what  line 
you  adopt,  and  when  you  intend  to  cross  the  river ; 
also  to  what  point  the  reinforcements  are  to  be 
sent.  It  is  necessary  that  the  plan  of  your  op 
erations  be  positively  determined  on,  before  or 
ders  are  given  for  building  bridges  and  repairing 
railroads.  I  am  directed  to  add,  that  the  Secre 
tary  of  War  and  the  General-in-Chief  fully  con 
cur  with  the  President  in  these  instructions. 
1  H.  W.  HALLECK, 

Major-General  MCCLELLAN.  Geuerai-in-chiet 

At  this  time  General  Averill,  with  the  greater 
part  of  our  efficient  cavalry,  was  in  the  vicinity 
of  Cumberland,  and  General  Kelly,  the  com 
manding  officer,  had  that  day  reported  that  a 
large  force  of  the  enemy  was  advancing  on  Colo 
nel  Campbell,  at  Saint  John's  River.  This  obliged 
me  to  order  General  Averill  to  proceed  with  his 
force  to  the  support  of  Colonel  Campbell,  which 
delayed  his  return  to  the  army  for  several  days. 

On  the  tenth  of  October,  Stuart  crossed  the 
river  at  McCoy's  Ferry,  with  two  thousand  cav 
alry  and  a  battery  of  horse  artillery,  on  his  raid 
into  Maryland  and  Pennsylvania,  making  it 
necessary  to  use  our  cavalry  against  him.  This 
exhausting  service  completely  broke  down  nearly 
all  of  our  cavalry  horses,  and  rendered  a  remount 
absolutely  indispensable  before  we  could  advance 
on  the  enemy. 

The  following  were  the  dispositions  of  troops 
made  by  me  to  defeat  the  purposes  of  this  raid : 

General  Averill,  then  at  Green  Spring,  on  the 
Upper  Potomac,  was  ordered  to  move  rapidly 
down  upon  the  north  side  of  the  river,  with  all 
his  disposable  cavalry,  using  every  exertion  to 
get  upon  the  trail  of  the  enemy,  and  follow  it  up 
vigorously. 

General  Pleasanton,  with  the  remaining  cav 
alry  force,  was  ordered  to  take  the  road  by  Cave- 
town,  Harmon's  Gap,  and  Mechanicsville,  and 
cut  off  the  retreat  of  the  enemy  should  he  make 
for  any  of  the  fords  below  the  position  of  tiia 


DOCUMENTS. 


641 


main  army.  His  orders  were  to  pursue  them 
with  the  utmost  rapidity,  not  to  spare  his  men 
or  horses,  and  to  destroy  or  capture  them  if  pos 
sible. 

General  Crook,  at  that  time  commanding  Cox's 
division,  at  Hancock,  en  route  for  Western  Vir 
ginia,  was  ordered  to  halt,  place  his  men  in  cars, 
and  remain  in  readiness  to  move  to  any  point 
above  should  the  enemy  return  in  that  direction, 
keeping  his  scouts  well  out  on  all  the  roads  lead 
ing  from  the  direction  of  Chambersburgh  to  the 
Upper  Potomac. 

The  other  commanders  between  Hancock  and 
Harper's  Ferry  were  instructed  to  keep  a  vigilant 
watch  upon  all  the  roads  and  fords,  so  as  to  pre 
vent  the  escape  of  the  rebels  within  these  limits. 

General  Burnside  was  ordered  to  send  two  bri 
gades  to  the  Monocacy  Crossing,  there  to  remain 
in  cars,  with  steam  up,  ready  to  move  to  any 
point  on  the  railroad  to  which  Stuart  might  be 
aiming,  while  Colonel  Rush,  at  Frederick,  was 
directed  to  keep  his  lancers  scouting  on  the  ap 
proaches  from  Chambersburgh,  so  as  to  give 
timely  notice  to  the  commander  of  the  two  bri 
gades  at  the  Monocacy  Crossing. 

General  Stoneman,  whose  headquarters  were 
then  at  Poolesville,  occupying  with  his  division 
the  different  fords  on  the  river  below  the  mouth 
of  the  Monocacy,  was  directed  to  keep  his  cav 
alry  well  out  on  the  approaches  from  the  direc 
tion  of  Frederick,  so  as  to  give  him  time  to  mass 
his  troops  at  any  point  where  the  enemy  might 
attempt  to  cross  the  Potomac  in  his  vicinity. 
He  was  informed  of  General  Pleasanton's  move 
ments. 

After  the  orders  were  given  for  covering  all 
the  fords  upon  the  river,  I  did  not  think  it  possi 
ble  for  Stuart  to  recross,  and  I  believed  that  the 
capture  or  destruction  of  his  entire  force  was 
perfectly  certain  ;  but  owing  to  the  fact  that  my 
orders  were  not  in  all  cases  carried  out  as  I  ex 
pected,  he  effected  his  escape  into  Virginia  with 
out  much  loss. 

The  troops  sent  by  General  Burnside  to  the 
Monocacy,  owing  to  some  neglect  in  not  giving 
the  necessary  orders  to  the  commander,  instead 
of  remaining  at  the  railroad  crossing,  as  I  di 
rected,  marched  four  miles  into  Frederick,  and 
there  remained  until  after  Stuart  had  passed  the 
railroad,  only  six  miles  below,  near  which  point 
it  was  said  he  halted  for  breakfast. 

General  Pleasanton  ascertained,  after  his  ar 
rival  at  Mechanicsville,  that  the  enemy  were  only 
about  an  hour  ahead  of  him,  beating  a  hasty  re 
treat  toward  the  mouth  of  the  Monocacy.  He 
pushed  on  vigorously,  and,  near  its  mouth,  over 
took  them  with  a  part  of  his  force,  having  march 
ed  seventy-eight  miles  in  twenty -four  hours,  and 
having  left  many  of  his  horses  broken  down  upon 
the  road.  He  at  once  attacked  with  his  artillery, 
and  the  firing  continued  for  several  hours,  dur 
ing  which  time  he  states  that  he  received  the 
support  cf  a  small  portion  of  General  Stoneman's 
command,  not  sufficient  to  inflict  any  material 
damage  upon  the  enemy. 

General  Stoneman  reports  that,  in  accordance 


with  his  instructions,  he  gave  all  necessary  or 
ders  for  intercepting  the  return  of  the  rebels,  and 
Colonel  Staples,  commanding  one  of  his  brigades, 
states  that  he  sent  two  regiments  of  infantry  to 
the  mouth  of  the  Monocacy,  and  one  regiment 
to  White's  Ford  ;  that  on  the  morning  of  the 
twelfth,  about  ten  o'clock,  he,  by  General  Stone 
man's  order,  marched  the  remaining  three  regi 
ments  of  his  command  from  Poolesville  toward 
the  mouth  of  the  Monocacy ;  that  before  getting 
into  action  he  was  relieved  by  General  Ward, 
who  states  that  he  reported  to  General  Pleasan 
ton  with  his  command,  while  the  enemy  was 
crossing  the  river,  and  was  informed  by  him 
(General  Pleasanton)  that  he  was  too  late,  and 
nothing  could  be  done  then. 

General  Pleasanton,  in  his  report  of  this  affair, 
says :  "  It  was  at  this  time  that  Colonel  Ward 
reported  to  me  from  General  Stoneman's  division, 
with  a  brigade  of  infantry,  a  regiment  of  cavalry, 
and  a  section  of  artillery.  I  told  him  that  his 
command  could  be  of  no  use,  as  the  enemy  had 
then  crossed  the  river.  These  are  the  only 
troops,  that  I  knew  of,  that  were  in  that  vicinity, 
and  this  was  the  first  intimation  I  received  that 
any  troops  were  endeavoring  to  assist  me  in  cap 
turing  the  rebels.  I  succeeded  in  preventing  the 
enemy  from  crossing  at  the  mouth  of  the  Mono 
cacy,  and  drove  him  to  White's  Ford,  three  miles 
below.  Had  White's  Ford  been  occupied  by  any 
force  of  ours  previous  to  the  time  of  the  occupa 
tion  by  the  enemy,  the  capture  of  Stuart's  \vhole 
force  would  have  been  certain  and  inevitable. 
With  my  small  force,  which  did  not  exceed  one 
fourth  of  the  enemj^s,  it  was  not  practicable  for 
me  to  occupy  that  ford  while  the  enemy  was  in 
front." 

It  would  seem  from  the  report  of  General 
Stoneman,  that  the  disposition  he  made  of  his 
troops,  previous  to  the  arrival  of  Stuart,  was  a  good 
one.  He  stationed  two  regiments  at  the  mouth 
of  the  Monocacy,  and  two  regiments  at  White's 
Ford,  the  latter  in  the  very  place  where  the  cross 
ing  was  made,  and  the  former  only  three  miles 
ofl^  with  a  reserve  of  three  regiments  at  Pooles 
ville,  some  six  miles  distant.  General  Pleasan 
ton's  report  shows  that  from  the  time  the  firing 
commenced  until  the  enemy  were  across  the  river 
was  about  four  and  a  half  hours.  General  Stone 
man  states  that  he  started  the  reserve  from  Pooles 
ville  at  about  nine  o'clock,  but  it  appears,  from 
the  report  of  General  Pleasanton,  that  it  did  not 
reach  him  until  half-past  one. 

At  the  time  I  received  the  order  of  October 
sixth,  to  cross  the  river  and  attack  the  enemy, 
the  army  was  wholly  deficient  in  cavalry,  and  a 
large  part  of  our  troops  were  in  want  of  shoes, 
blankets,  and  other  indispensable  articles  of  cloth 
ing,  notwithstanding  all  the  efforts  that  had  been 
made  since  the  battle  of  Antietam,  and  even  prior 
to  that  date,  to  refit  the  army  with  clothing,  as 
well  as  horses.  I  at  once  consulted  with  Colonel 
Ingalls,  the  Chief  Quartermaster,  who  believed  that 
the  necessary  articles  could  be  supplied  in  about 
three  days.  Orders  were  immediately  issued  to 
the  different  commanders  who  had  not  already 


642 


REBELLION  RECORD,  1862-63. 


sent  in  their  requisitions,  to  do  so  at  once,  and  all 
the  necessary  steps  were  forthwith  taken  by  me 
to  insure  a  prompt  delivery  of  the  supplies.  The 
requisitions  were  forwarded  to  the  proper  depart 
ment  at  Washington,  and  I  expected  that  the  ar 
ticles  would  reach  our  depots  during  the  three 
days  specified ;  but  day  after  day  elapsed,  and 
only  a  small  portion  of  the  clothing  arrived. 
Corps  commanders,  upon  receiving  notice  from 
the  quartermasters  that  they  might  expect  to  re 
ceive  their  supplies  at  certain  dates,  sent  the 
trains  for  them,  which,  after  waiting,  were  com 
pelled  to  return  empty.  Several  instances  oc 
curred  where  these  trains  went  back  and  forth 
from  the  camps  to  the  depots,  as  often  as  four  or 
five  different  times,  without  receiving  their  sup 
plies,  and  I  was  informed  by  one  corps  com 
mander  that  his  wagon  train  had  travelled  over 
one  hundred  and  fifty  miles,  to  and  from  the  de- 

Eots,  before  he  succeeded  in  obtaining  his  cloth- 
!£• 

The  corps  of  General  Franklin  did  not  get  its 
clothing  until  after  it  had  crossed  the  Potomac, 
and  was  moving  into  Virginia,  General  Rey 
nolds' s  corps  was  delayed  a  day  at  Berlin,  to 
complete  its  supplies,  and  General  Porter  only 
completed  his  on  reaching  the  vicinity  of  Har 
per's  Ferry. 

I  made  every  exertion  in  my  power,  and  my 
quartermasters  did  the  same,  to  have  these  sup 
plies  hurried  forward  rapidly  ;  and  I  was  repeat 
edly  told  that  they  had  filled  the  requisitions  at 
Washington,  and  that  the  supplies  had  been  for 
warded.  But  they  did  not  come  to  us,  and  of 
course  were  inaccessible  to  the  a/my.  I  did  not 
fail  to  make  frequent  representation  of  this  con 
dition  of  things  to  the  General-in-Chief,  and  it 
appears  that  he  referred  the  matter  to  the  Quar 
termaster-General,  who  constantly  replied  that 
the  supplies  had  been  promptly  ordered.  Not 
withstanding  this,  they  did  not  reach  our  depots. 

The  following  extracts  are  from  telegrams  upon 
this  subject: 

HEADQUARTERS  ARMY  OF  TOE  POTOMAC,  \ 
October  11,  1662—9  A.M.      J 

"We  have  been  making  every  effort  to  get  sup 
plies  of  clothing  for  this  army,  and  Colonel  In- 
galls  has  received  advices  that  it  has  been  for 
warded  by  railroad ;  but,  owing  to  bad  manage 
ment  on  the  roads,  or  from  some  other  cause,  it 
comes  in  very  slowly,  and  it  will  take  a  much 
longer  time  than  was  anticipated  to  get  articles 
that  are  absolutely  indispensable  to  the  army, 
unless  the  railroad  managers  forward  supplies 
more  rapidly.  GEORGE  B.  MCCLELLAN. 

Major-General. 

Major-General  H.  W.  HALLECK, 

General-in-Chief,  Washington. 

HKADQUARTERS  ARMY  OF  THE  POTOMAC,         ) 
October  11, 1862.  f 

I  am  compelled  again  to  call  your  attention  to 
the  great  deficiency  of  shoes,  and  other  indis 
pensable  articles  of  clothing,  that  still  exist  in 
some  of  the  corps  in  this  army.  Upon  the  as 
surances  of  the  Chief  Quartermaster,  who  based 


his  calculation  upon  information  received  from 
Washington,  that  clothing  would  be  forwarded 
at  certain  times,  corps  commanders  sent  their 
wagons  to  Hagerstown  and  Harper's  Ferry  for  it 
It  did  not  arrive  as  promised,  and  has  not  yet 
arrived.  Unless  some  measures  are  taken  to  in 
sure  the  prompt  forwarding  of  these  supplies, 
there  will  necessarily  be  a  corresponding  delay 
in  getting  the  army  ready  to  move,  as  the  men 
cannot  march  without  shoes.  Every  thing  has 
been  done  that  can  be  done  at  these  headquar 
ters  to  accomplish  the  desired  result. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  H.  W.  HALLECK, 

Coimnander-in-Chief,  Washington. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
October  15,  1802— 7  P.M.      ) 

I  am  using  every  possible  exertion  to  get  this 
army  ready  to  move.  It  was  only  yesterday  that 
a  part  of  our  shoes  and  clothing  arrived  at  II  a- 
gerstown.  It  is  being  issued  to  the  troops  as 
rapidly  as  possible.  GEORGE  B.  MCCLELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

General-in-Chief. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  ) 
October  15,  1S62— 7.30  P.M.      f 

General  Franklin  reports  that  there  is  by  no 
means  as  much  clothing  as  was  called  for  at 
Hagerstown.  I  think,  therefore,  you  had  better 
have  additional  supplies,  especially  of  shoes,  for 
warded  to  Harper's  Ferry  as  soon  as  possible. 

R.  B.  MARCY, 

Chief  of  Staff, 

Colonel  R.  INGALLS, 

Care  of  Colonel  Rucker,  Quartermaster,  Washington. 

HEADQUARTERS  ARMY  OF  TITE  POTOMAC,  I 
October  16,  1862.  f 

General  J.  F.  Reynolds  just  telegraphs  as  fol 
lows  :  u  My  quartermaster  reports  that  there  are 
no  shoes,  tents,  blankets,  or  knapsacks  at  Ha 
gerstown.  He  was  able  to  procure  only  a  com 
plete  supply  of  overcoats  and  pants,  with  a  few 
socks,  drawers,  and  coats.  This  leaves  many  of 
the  men  yet  without  a  shoe.  My  requisitions 
call  for  five  thousand  two  hundred  and  fifty-five 
pairs  of  shoes." 

Please  push  the  shoes  and  stockings  up  to 
Harper's  Ferry  as  fast  as  possible. 

R.  B.  MARCY, 

Chief  of  Staff. 

Colonel  R.  INGALLS, 

Care  of  Colonel  Rucker,  Quartermaster,  Washington. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,          ) 
CAMP  NEAR  KNOXVILLE,  MARYLAND,  October  9,  1862.  j 

You  did  right  in  sending  clothing  to  Harper's 
Ferry.  You  will  not  be  able  to  send  too  much 
or  too  quickly.  We  want  blankets,  shoes,  can 
teens,  etc.,  very  much.  RUFUS  INGALLS, 

Lieutenant-Colonel  and  Aid-de-Camp,  Chief  Quartermaster. 

Colonel  C.  G.  SAWTELLE, 

Depot  Quartermaster,  Washington. 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,         ) 
CAMP  NEAR  KNOXVILLB,  MARYLAND,  October  10,  1S62.  f 

Shipments  to  Hagerstown  must  be  made  direct 
through,  to  avoid  the  contemptible  delays  at  Har- 


DOCUMENTS. 


643 


risburgh.  If  Colonel  Crosman  was  ordered  to 
send  clothing,  I  hope  he  has  sent  it,  for  the  suf 
fering  and  impatience  are  excessive. 

RUFUS  TNGALLS, 

Lieutenant-Colonel  and  Aid-de-Camp,  Chief  Quartermaster. 

Captain  AUGUSTUS  BOYD, 

Quartermaster,  Philadelphia. 

HEADQUARTERS  ARMY  OF  TITK  POTOMAC,         > 
CAMP  NEAR  KNOXVILLE,  (Mober  13,  1862.  j 

Has  tbe  clothing  arrived  yet?  If  not,  do  you 
know  where  it  is  ?  What  clothing  was  taken  by 
the  rebels  at  Chambersburgh  ?  Did  they  cap 
ture  any  property  that  was  en  route  to  you  ? 
Have  we  not  got  clothing  at  Harrisburgh  ?  Send 
an  agent  over  the  road  to  obtain  information,  and 
hurry  up  the  supplies.  Reply  at  once, 

RUFUS  IXGALLS, 

Lieutenant-Colonel  and  Aid-de-Camp,  Chief  Quartermaster. 

Captain  GEORGE  W.  WEEKS, 

Depot  Quartermaster,  Hagerstown. 

SHARPSBURGH,  October  15,  1862. 

I  have  just  returned  from  Hagerstown,  where 
I  have  been  for  the  clothing  for  the  corps. 
There  was  nothing  there  but  overcoats,  trowsers, 
and  a  few  uniform  coats  and  socks.  There  were 
not  any  shoes,  blankets,  shirts,  or  shelter-tents. 
Will  you  please  tell  me  where  and  when  the  bal 
ance  can  be  had  ?  Shall  I  send  to  Harper's  Ferry 
for  them  to-morrow  ?  The  corps  surgeon  has 
just  made  a  requisition  for  forty-five  hospital- 
tents.  There  are  none  at  Hagerstown.  Will  you 
please  to  inform  me  if  I  can  get  them  at  Harper's 
Ferry  ?  FIELDING  LOWKV, 

General  INGALLS.  Captain  and  Quartermaster 

HAGERSTOWN,  October  15,  1S62. 

I  want  at  least  ten  thousand  (10,000)  suits  of 
clothing  in  addition  to  what  I  have  received.  It 
should  be  here  now.  G.  W.  WEEKS, 

General  IXGALLS,  Assistant  Quartermaster. 

Quartermaster. 

HARPER'S  FERRY,  October  22,  1S62. 

We  have  bootees,  twelve  thousand;  great-coats, 
four  thousand;  drawers  and  shirts  are  gone; 
blankets  and  stockings  nearly  so  ;  fifteen  thou 
sand  each  of  these  four  articles  are  wanted. 

ALEX.  BLISS, 

General  TNGALLS,    Captain  and  Assistant  Quartermaster. 
Chief  Quartermaster,  etc. 


MCCLELLA 

October  24,  18(52—  11  A.M.  f 

Please  send  to  Captain  Bliss,  at  Harper's  Fer 
ry,  ten  thousand  blankets,  twelve  thousand  caps, 
five  thousand  overcoats,  ten  thousand  pairs  boot 
ees,  two  thousand  pairs  artillery  and  cavalry  boots, 
fifteen  thousand  pairs  stockings,  fifteen  thousand 
drawers,  and  fifteen  thousand  pants.  The  cloth 
ing  arrives  slowly.  Can  it  not  be  hurried  along 
faster  ?  May  I  ask  you  to  obtain  authority  for 
this  shipment  ?  RUFUS  INGALLS, 

Lieutenant-Colonel  and  Aid-de-Camp,  Chief  Quartermaster. 

Captain  I).  G.  THOMAS, 

Military  Storekeeper,  Washington. 

HAGERSTOWN,  October  30. 

Clothing  has  arrived  this  morning.  None  taken 
by  rebels.  Shall  I  supply  Franklin,  and  retain 


portions  for  Porter  and  Reynolds  until  called  for  f 

G.  W.  WEEKS, 

Captain  and  Assistant  Quartermaster. 

Colonel  TNG  ALLS. 

The  following  statement,  taken  from  a  report 
of  the  Chief  Quartermaster  with  the  army,  will 
show  what  progress  was  made  in  supplying  the 
army  with  clothing  from  the  first  of  September 
to  the  date  of  crossing  the  Potomac  on  the  thirty- 
first  of  October,  and  that  a  greater  part  of  the 
clothing  did  not  reach  our  depots  until  after  the 
fourteenth  of  October :  (See  table,  page  G44-.) 

Colonel  Ingalls,  Chief  Quartermaster,  in  his  re 
port  upon  this  subject,  says: 

"  There  was  great  delay  in  receiving  our  cloth 
ing.  The  orders  were  promptly  given  by  me  and 
approved  by  General  Meigs,  but  the  roads  were 
slow  to  transport,  particularly  the  Cumberland 
Valley  road. 

"  For  instance,  clothing  ordered  to  Hagerstown 
on  the  seventh  October  for  the  corps  of  Frank 
lin,  Porter,  and  Reynolds,  did  not  arrive  until 
about  the  eighteenth,  and  by  that  time,  of  course, 
there  were  increased  wants  and  changes  in  posi 
tion  of  troops.  The  clothing  of  Sumner  arrived 
in  great  quantities  near  the  last  of  October,  al 
most  too  late  for  issue,  as  the  army  was  crossing 
into  Virginia.  We  finally  left  fifty  thousand  suits 
at  Harper's  Ferry,  partly  on  the  cars  just  arrived, 
and  partly  in  store." 

The  causes  of  the  reduction  of  our  cavalry  force 
have  already  been  recited.  The  difficulty  in  get 
ting  new  supplies  from  the  usual  sources  led  me 
to  apply  for  and  obtain  authority  for  the  cavalry 
and  artillery  officers  to  purchase  their  own  horses. 
The  following  are  the  telegrams  and  letters  on  this 
subject: 

HEADQUARTERS  ARMY  or  THK  POTOMAC,  > 
October  12,  18G2— 12.45  P.M.      ) 

It  is  absolutely  necessary  that  some  energetic 
means  be  taken  to  supply  the  cavalry  of  this  army 
with  remount  horses.  The  present  rate  of  supply 
is  (1050)  one  thousand  and  fifty  per  week  for  the 
entire  army  here  and  in  front  of  Washington. 
From  this  number  the  artillery  draw  for  their 
batteries.  GEORGE  B.  McOxjELLAW, 

Major-General  Commanding. 

Major-General  HALLECK, 

General-in-Chiet 

The  General-in-Chief,  in  a  letter  to  me  dated 
Washington,  D.  C.,  October  fourteenth,  1862,  re 
plies  to  this  despatch  in  the  following  language : 

41 1  have  caused  the  matters  complained  of  in 
your  telegrams  of  the  eleventh  and  twelfth  to  bo 
investigated. 

"  In  regard  to  horses,  you  say  that  the  present 
rate  of  supply  is  only  one  hundred  and  fifty  per 
week  for  the  entire  army  here  and  in  front  of 
Washington.  I  find  from  the  records  that  the 
issues  for  the  last  six  weeks  have  been  eight  thou 
sand  seven  hundred  and  fifty-four,  making  an  av 
erage  per  week  of  one  thousand  four  hundred  and 
fifty-nine. 

"One  thousand  and  fifty  (1050)  is  the  number 


644 


REBELLION  RECORD,  1862-63. 


stated  in  the  original  despatch,  now  in  my  pos- 1  see  how  it  is  possible  for  the  telegraphic  operator 
session  ;  and  as  not  only  figures  were  used,  but  I  to  have  made  a  mistake  in  the  transmission  of  the 
the  number  was  written  out  in  full,  I  can  hardly  |  message. 


Statement  of  Clothing  and  Equipage  received  at  the  different  depots  of  the  Army  of  the  Potomac, 
from  September  1,  1862,  to  'October  31,  1862. 


'S 

.2 

. 

g 

Received  at  the  depot— 

e 

1 
V 

I1 

1 

1 

airy  jack 

rf 

1 

1 

00 

£ 

E 

OT 

t«r-tenta. 

c 

5 
1 

1 

1 

3 

1 

S 

eS 

w 

S 

H 

1 

1 

From  September  1  to  October  6,  
From  October  fi  to  October  15 

10,700 
17  000 

4,000 
11  000 

6,200 
22  025 

4,190 

3,000 
500 

6,000 
10,221 

6,200 
18,325 

6,000 
12,989 

4,200 

1,000 

4,200 
6,<>00 

11,100 
3000 

From  October  15  to  October  25,  

40,000 

19,500 

65,200 

1,250 

9,000 

18,876 

5,000 

2,500 

8,600 

9,000 

From  October  25  to  October  31,  

30,000 

80,000 

1,500 

3,008 

2,200 

9,900 

5,000 

20,040 

Total 

97  700 

3i500 

123  425 

4,190 

6250 

28,229 

45301 

33,889 

12,700 

83,840 

23  100 

Statement  of  Clothing  and  Equipage  received,  etc. — Continued. 


•d 

£ 

S 

1 

g 

01 

$ 

Eeceived  at  the  depot— 

S 

& 

i 

1 

,0 

ii 

c 

% 

. 

J2 

. 

of 

-3 

M 

§ 

t 

"S 

g 

•g 

^* 

S 

a 

£ 

& 

i 

a 

1 

J 

§ 

i 

_§ 

- 

§ 
O 

S 

> 

o 

•|3 

5 

0 

§ 

£ 

1 

1 

| 

From  September  1  to  October  6,  . 
From  October  6  to  October  15,  

799 
1  302 

2,030 
2,100 

8,500 
12,000 

1,200 
500 

20 

1,200 

875 

2,200 
7,000 

2,000 

12,060 

2,000 

9,500 

2.000 

7,000 

2,6V-5 

From  October  15  to  October  25,  
From  October  25  to  October  31  . 

1,894 

4,500 

14,770 

1,750 
1  000 

6,5')0 
4334 

3,500 
2,015 

22,500 
7,500 

3!),620 
25,000 

52,900 

2,424 
11,595 

Total,  

8,995 

8,630 

30,270 

4,450 

10,904 

7,590 

9,200 

44,060 

76,120 

61,900 

16,074 

HEADQUARTERS  ARMY  OP  TTTB  POTOMAC,  | 
October  14,  1S62— 7  P.M.     f 


"With  my  small  cavalry  force  it  is  impossible  for 
me  to  watch  the  line  of  the  Potomac  properly,  or 
even  make  the  reconnoissances  that  are  necessary 
for  our  movements.  This  makes  it  necessary  for 
me  to  weaken  my  line  very  much,  by  extending 
the  infantry  to  guard  the  innumerable  fords.  This 
will  continue  until  the  river  rises,  and  it  will  be 
next  to  impossible  to  prevent  the  rebel  cavalry 
raids.  My  cavalry  force,  as  I  urged  this  morn 
ing,  should  be  largely  and  immediately  increased, 
under  any  hypothesis,  whether  to  guard  the  river, 
or  advance  on  the  enemy,  or  both. 

GEORGE  B.  Mcd/ELLAN, 

Major-General. 

Major-General  H.  W.  HALLECK, 

Commander-in-Chief, 

The  following  is  an  extract  from  the  official  re 
port  of  Colonel  Ingalls : 

"  Immediately  after  the  battle  of  Antietam  efforts 
were  made  to  supply  deficiencies  in  clothing  and 
horses.  Large  requisitions  were  prepared  and 
Bent  in.  The  artillery  and  cavalry  required  large 
numbers  to  cover  losses  sustained  in  battle,  on 


the  march,  and  by  diseases.  Both  of  these  arms 
were  deficient  when  they  left  Washington.  A 
most  violent  and  destructive  disease  made  its  ap 
pearance  at  this  time,  which  put  nearly  four  thou 
sand  animals  out  of  service.  Horses  reported 
perfectly  well  one  day  would  be  dead  lame  the 
next,  and  it  was  difficult  to  foresee  where  it  would 
end,  or  what  number  would  cover  the  loss.  They 
were  attacked  in  the  hoof  and  tongue.  No  one 
seemed  able  to  account  for  the  appearance  of  this 
disease.  Animals  kept  at  rest  would  recover  in 
time,  but  could  not  be  worked.  I  made  applica 
tion  to  send  West  and  purchase  horses  at  once, 
but  it  was  refused,  on  the  ground  that  the  out 
standing  contracts  provided  for  enough,  but  they 
were  not  delivered  sufficiently  fast,  nor  in  suffi 
cient  numbers,  until  late  in  October  and  early  in 
November.  I  was  authorized  to  buy  two  thou 
sand  five  hundred  late  in  October,  but  the  deliv 
ery  was  not  completed  until  in  November,  after 
we  had  reached  Warrenton." 

In  a  letter  from  General  Meigs,  written  on  the 
fourteenth  of  October,  and  addressed  to  the  Gen 
eral-in-Chief,  it  is  stated  :  "  There  have  been  is 
sued,  therefore,  to  the  army  of  the  Potomac,  since 
the  battles  in  front  of  Washington,  to  replace 


DOCUMENTS. 


643 


losses,  (0254)   nine  thousand  two  hundred  and 
fifty -four  horses." 

What  number  of  horses  were  sent  to  General 
Pope  before  his  return  to  Washington,  I  have  no 
means  of  determining ;  but  the  following  state 
ment  made  upon  my  order,  by  the  Chief  Quarter 
master  with  the  army,  and  who  had  means  for 
gaining  accurate  information,  force  upon  rny  mind 
the  conclusion  that  the  Quartermaster-General 
was  in  error : 


HEADQUARTERS  ARMY  OF  THE  POTOMAC, 
CHIEF  QUARTERM.' 
Oc 


F  THB  POTOMAC,  ) 
RMASTER'S  OFFICE,  > 
)ctober  31,  1S6&  ) 


Horses  purchased  since  September  sixth, 
1862,  by  Colonel  Ingalls,  Chief  Quarter 
master,  and  issued  to  the  forces  under  the 
immediate  command  of  Major-General 
George  B.  McClellan, 1200 

Issued  and  turned  over  to  the  above  force 
by  Captain  J.  J.  Dana,  Assistant  Quarter 
master,  (in  Washington,) 2261 

Issued  to  forces  at  and  near  Washington 
which  have  since  joined  the  command, . .  352 

Total  purchased  by  Colonel  Ingalls  and  is 
sued  and  turned  over  by  Captain  Dana  to 
the  forces  in  this  immediate  command, . .  .3813 

Issued  by  Captain  J.  J.  Dana,  Assistant 
Quartermaster,  to  the  forces  in  the  vicin 
ity  of  Washington, 3363 

Grand  total  purchased  by  Colonel  R.  In 
galls,  Chief  Quartermaster,  and  issued  and 
turned  over  by  Captain  J.  J.  Dana,  As 
sistant  Quartermaster,  to  the  entire  army 
of  the  Potomac  and  the  forces  around 
Washington, 7176 

About  three  thousand  horses  have  been  turned 
over  to  the  Quartermaster's  department  by  offi 
cers  as  unfit  for  service ;  nearly  one  thousand 
five  hundred  should  now  be  turned  over  also, 
being  worn  out  and  diseased. 

Respectfully  submitted.  FRED.  MYERS, 

Lieutenant-Colonel  and  Quartermaster. 

This  official  statement,  made  up  from  the  re,- 
ports  of  the  quartermasters  who  received  and 
distributed  the  horses,  exhibits  the  true  state  of 
the  case,  and  gives  the  total  number  of  horses 
received  by  the  army  of  the  Potomac,  and  the 
troops  around  Washington,  during  a  period  of 
eight  weeks  as  (7170)  seven  thousand  one  hun 
dred  and  seventy-six,  or  (2078)  two  thousand 
and  seventy-eight  less  than  the  number  stated 
by  the  Quartermaster-General. 

Supposing  that  (1500)  one  thousand  five  hun 
dred  were  issued  to  the  army  under  General 
pope  previous  to  its  return  to  Washington,  as 
General  Meigs  states,  there  would  still  remain 
(578)  five  hundred  and  seventy-eight  horses 
which  he  does  not  account  for. 

The  letter  of  the  General-in-Chief  to  the  Sec 
retary  of  War  on  the  twenty-eighth  of  October, 
and  the  letter  of  General  Meigs  to  the  General- 
in-Chief  on  the  fourteenth  of  October,  convey 
the  impression  that,  upon  my  repeated  applica 


tions  for  cavalry  and  artillery  horses  for  the  army 
of  the  Potomac,  I  had  received  a  much  greater 
number  than  was  really  the  case. 

It  will  be  seen  from  Colonel  Myers's  report 
that,  of  all  the  horses  alluded  to  by  General 
Meigs,  only  (3813)  three  thousand  eight  hundred 
and  thirteen  came  to  the  army  with  which  I  was 
ordered  to  follow  and  attack  the  enemy.  Of 
course  the  remainder  did  not  in  the  slightest  de 
gree  contribute  to  the  efficiency  of  the  cavalry  or 
artillery  of  the  army  with  which  I  was  to  cross 
the  river.  Neither  did  they  in  the  least  facilitate 
any  preparations  for  carrying  out  the  order  to 
advance  upon  the  enemy,  as  the  General-in- 
Chief's  letter  might  seem  to  imply. 

During  the  same  period  that  we  were  receiving 
the  horses  alluded  to,  about  (3000)  three  thou 
sand  of  our  old  stock  were  turned  into  the  Quar 
termaster's  department,  and  one  thousand  five 
hundred  more  reported  as  in  such  condition  that 
they  ought  to  be  turned  in  as  unfit  for  service ; 
thus  leaving  the  active  army  some  seven  hundred 
short  of  the  number  required  to  make  good  ex 
isting  deficiencies,  to  say  nothing  of  providing 
remounts  for  men  whose  horses  had  died  or  been 
killed  during  the  campaign  and  those  previously 
dismounted.  Notwithstanding  all  the  efforts 
made  to  obtain  a  remount,  there  were,  after  de 
ducting  the  force  engaged  in  picketing  the  river, 
but  about  a  thousand  serviceable  cavalry  horses 
on  the  twenty-first  day  of  October. 

In  a  letter  dated  October  fourteenth,  1862,  tho 
General-in-Chief  says : 

"It  is  also  reported  to  me  that  the 'number  of 
animals  with  your  army  in  the  field  is  about 
thirty-one  thousand.  It  is  believed  that  your 
present  proportion  of  cavalry  and  of  animals 
is  much  larger  than  that  of  any  other  of  our 
armies." 

What  number  of  animals  other  armies  had  I 
am  not  prepared  to  say,  but  military  men  in 
European  armies  have  been  of  the  opinion  that 
an  army  to  be  efficient,  while  carrying  on  active 
operations  in  the  field,  should  have  a  cavalry 
force  equal  in  numbers  to  from  one  sixth  to  one 
fourth  of  the  infantry  force.  My  cavalry  did  not 
amount  to  one  twentieth  part  of  the  army,  and 
hence  the  necessity  of  giving  every  one  of  my 
cavalry  soldiers  a  serviceable  horse. 

Cavalry  maybe  said  to  constitute  the  antennas 
of  an  army.  It  scouts  all  the  roads  in  front,  on 
the  flanks  and  in  the  rear  of  the  advancing  col 
umns,  and  constantly  feels  the  enemy.  The 
amount  of  labor  falling  on  this  arm  during  the 
Maryland  campaign  was  excessive. 

To  persons  not  familiar  with  the  movements 
of  troops,  and  the  amount  of  transportation  re 
quired  for  a  large  army  marching  away  from 
water  or  railroad  communications,  the  number 
of  animals  mentioned  by  the  General-in-Chief 
may  have  appeared  unnecessarily  large ;  but  to 
a  military  man,  who  takes  the  trouble  to  enter 
into  an  accurate  and  detailed  computation  of  the 
number  of  pounds  of  subsistence  and  forage  re 
quired  for  such  an  army  as  that  of  the  Potomac, 
it  will  be  seen  that  the  thirty-one  thousand  ani 


646 


REBELLION"   RECORD,  lset-63. 


mals  were  considerably  less  than  was  absolutely 
necessary  to  an  advance. 

As  we  were  required  to  move  through  a  coun 
try  which  could  not  be  depended  upon  for  any 
of  our  supplies,  it  became  necessary  to  transport 
every  thing  in  wagons,  and  to  be  prepared  for  all 
emergencies.  I  did  not  consider  it  safe  to  leave 
the  river  without  subsistence  and  forage  for  ten 
days. 

The  official  returns  of  that  date  show  the  ag 
gregate  strength  of  the  army  for  duty  to  have  been 
about  one  hundred  and  ten  thousand  men  of  all 
arms.  This  did  not  include  teamsters,  citizens, 
employes,  officers'  servants,  etc.,  amounting  to 
some  twelve  thousand,  which  gave  a  total  of  one 
hundred  and  twenty-two  thousand  men. 

The  subsistence  alone  of  this  army  for  ten 
days  required  for  its  transportation  one  thousand 
eight  hundred  and  thirty  wagons  at  two  thou 
sand  pounds  to  the  wagon,  and  ten  thousand 
nine  hundred  and  eighty  animals. 

Our  cavalry  horses  at  that  time  amounted  to 
five  thousand  and  forty-six,  and  our  artillery 
horses  to  six  thousand  eight  hundred  and  thirty- 
six. 

To  transport  full  forage  for  these  twenty-two 
thousand  eight  hundred  and  sixty-two  animals 
for  ten  days  required  seventeen  thousand  eight 
hundred  and  thirty-two  additional  animals  ;  and 
this  forage  would  only  supply  the  entire  num 
ber  (forty  thousand  six  hundred  and  ninety-four) 
of  animals  with  a  small  fraction  over  half  allow 
ance  for  the  tJm3  specified. 

It  will  be  observed  that  this  estimate  does  not 
embrace  the  animals  necessary  to  transport  quar 
termasters'  supplies,  baggage,  camp  equipage, 
ambulances,  reserve  ammunition,  forage  for  offi 
cers'  horses,  etc.,  which  would  greatly  augment 
the  necessary  transportation. 

It  may  very  truly  be  said  that  we  did  make 
the  march  with  the  means  at  our  disposal,  but  it 
will  be  remembered  that  we  met  with  no  serious 
opposition  from  the  enemy;  neither  did  we  en 
counter  delays  from  any  other  cause.  The  roads 
•ere  in  excellent  condition,  and  the  troops 
marched  with  the  most  commendable  order  and 
celerity. 

If  we  had  met 'with  a  determined  resistance 
from  the  enemy,  and  our  progress  had  been  very 
much,  retarded  thereby,  we  would  have  consumed 
our  supplies  before  they  could  have  been  renew 
ed.  A  proper  estimate  of  my  responsibilities  as 
the  Commander  of  that  army  did  not  justify  me 
in  basing  my  preparations  for  the  expedition 
upon  the  supposition  that  I  was  to  have  an  un 
interrupted  march.  On  the  contrary,  it  was  my 
duty  to  be  prepared  for  all  emergencies;  and  not 
the  least  important  of  my  responsibilities  was 
the  duty  of  making  ample  provision  for  supplying 
my  men  and  animals  with  rations  and  forage. 

Knowing  the  solicitude  of  the  President  for  an 
early  movement,  and  sharing  with  him  fully  his 
anxiety  for  prompt  action,  on  the  twenty-first  of 
October  I  telegraphed  to  the  General-in-Chief  as 


HEADQUARTERS  ARMY  OF  THE  POTOMAC,  I 
October  21,  1SG2.  f 

Since  the  receipt  of  the  President's  order  to 
move  on  the  enemy,  I  have  been  making  every 
exertion  to  get  this  army  supplied  with  clothing 
absolutely  necessary  for  marching. 

This,  I  am  happy  to  say,  is  now  nearly  accom 
plished.  I  have  also,  during  the  same  time,  re 
peatedly  urged  upon  you  the  importance  of  sup 
plying  cavalry  and  artillery  horses  to  replace 
those  broken  down  by  hard  service,  and  steps 
have  been  taken  to  insure  a  prompt  delivery. 

Our  cavalry,  even  when  well  supplied  with 
horses,  is  much  inferior  in  numbers  to  that  of 
the  enemy,  but  in  efficiency  has  proved  itself 
superior.  So  forcibly  has  this  been  impressed 
upon  our  old  regiments  by  repeated  successes, 
that  the  men  are  fully  persuaded  that  they  are 
equal  to  twice  their  number  of  rebel  cavalry. 

Exclusive  of  the  cavalry  force  now  engaged  in 
picketing  the  river,  I  have  not  at  present  over 
about  one  thousand  (1000)  horses  for  service. 
Officers  have  been  sent  in  various  directions  to 
purchase  horses,  and  I  expect  them  soon.  With 
out  more  cavalry  horses  our  communications, 
from  the  moment  we  march,  would  be  at  the 
mercy  of  the  large  cavalry  force  of  the  enemy, 
and  it  would  not  be  possible  for  us  to  cover  our 
flanks  properly,  or  to  obtain  the  necessary  infor 
mation  of  the  position  and  movements  of  the  en 
emy,  in  such  a  way  as  to  insure  success.  My 
experience  has  shown  the  necessity  of  a  large 
and  efficient  cavalry  force. 

Under  the  foregoing  circumstances,  I  beg  leave 
to  ask  whether  the  President  desires  me  to  march 
on  the  enemy  at  once,  or  to  await  the  reception 
of  the  new  horses,  every  possible  step  having 
been  taken  to  insure  their  prompt  arrival. 

GEO.    B.    McCLELLAN, 

Major-General  Commanding. 

Major-General  H.  "W.  HALLECK, 

G-eneral-in-Chief,  Washington. 

On  the  same  day  General  Halleck  replied  as 
follows : 

WASHINGTON,  October  21, 1862—3  P.M. 

Your  telegram  of  twelve  M.  has  been  submitted 
to  the  President.  He  directs  me  to  say  that  ho 
has  no  change  to  make  in  his  order  of  the  sixth 
instant. 

If  you  have  not  been,  and  are  not  now,  in  con 
dition  to  obey  it,  37ou  will  be  able  to  show  such 
want  of  ability.  The  President  does  not  expect 
impossibilities  ;  but  he  is  very  anxious  that  all  this 
good  weather  should  not  be  wasted  in  inactivity. 
Telegraph  when  you  will  move,  and  on  wnat 
lines  you  propose  to  march. 

H.  W.  HALLECK, 

General-in-Cliief. 

Major-General  GEO.  B.  MCCLELLAN. 

From  the  tenor  of  this  despatch  I  conceived 
that  it  was  left  for  my  judgment  to  decide  whether 
or  not  it  was  possible  to  move  with  safety  to  the 
army  at  that  time  ;  and  this  responsibility  I  ex 
ercised  with  the  more  confidence  in  view  of  the 
strong  assurances  of  his  trust  in  me,  as  commander 


DOCUMENTS. 


647 


of  that  army,  with  which  the  President  had  seen 
fit  to  honor  me  during  his  last  visit. 

The  cavalry  requirements,  without  which  an 
advance  would  have  been  in  the  highest  degree 
injudicious  and  unsafe,  were  still  wanting. 

The  country  before  us  was  an  enemy's  country, 
where  the  inhabitants  furnished  to  the  enemy 
every  possible  assistance;  providing  food  for  men 
and  forage  for  animals,  giving  all  information 
concerning  our  movements,  and  rendering  every 
aid  in  their  power  to  the  enemy's  cause. 

It  was  manifest  that  we  should  find  it,  as  we 
subsequently  did,  a  hostile  district,  where  we 
could  derive  no  aid  from  the  inhabitants  that 
would  justify  dispensing  with  the  active  cooper 
ation  of  an  efficient  cavalry  force.  Accordingly 
I  fixed  upon  the  first  of  November  as  the  earliest 
date  at  which  the  forward  movement  could  well 
be  commenced. 

The  General-in-Chief,  in  a  letter  to  the  Secre 
tary  of  War,  on  the  twenty-eighth  of  October, 
says :  u  In  my  opinion,  there  has  been  no  such 
want  of  supplies  in  the  army  under  General  Mc- 
Clellan  as  to  prevent  his  compliance  with  the 
orders  to  advance  against  the  enemy." 

Notwithstanding  this  opinion,  expressed  by 
such  high  authority,  I  am  compelled  to  say  again 
that  the  delay  in  the  reception  of  necessary  sup 
plies  up  to  that  date  had  left  the  army  in  a  con 
dition  totally  unfit  to  advance  against  the  ene 
my —  that  an  advance,  under  the  existing  cir 
cumstances,  would,  in  my  judgment,  have  been 
attended  with  the  highest  degree  of  peril,  with 
great  suffering  and  sickness  among  the  men,  and 
with  imminent  danger  of  being  cut  off  from  our 
supplies  by  the  superior  cavalry  force  of  the  en 
emy,  and  with  no  reasonable  prospect  of  gaining 
any  advantage  over  him. 

I  dismiss  this  subject  with  the  remark  that  I 
have  found  it  impossible  to  resist  the  force  of  my 
own  convictions,  that  the  commander  of  an  army 
who,  from  the  time  of  its  organization,  has  for 
eighteen  months  been  in  constant  communica 
tion  with  its  officers  and  men,  the  greater  part 
of  the  time  engaged  in  active  service  in  the  field, 
and  who  has  exercised  this  command  in  many 
battles,  must  certainly  be  considered  competent 
to  determine  whether  his  army  is  in  proper  con 
dition  to  advance  on  the  enemy  or  not ;  and  he 
must  necessarily  possess  greater  facilities  for 
forming  a  correct  judgment  in  regard  to  the 
wants  of  his  men,  and  the  condition  of  his  sup 
plies,  than  the  General-in-Chief  in  his  ofiice  at 
Washington  City.  The  movement  from  Wash 
ington  into  Maryland,  which  culminated  in  the 
battles  of  South-Mountain  and  Antietam,  was  not 
a  part  of  an  offensive  campaign,  with  the  object 
of  the  invasion  of  the  enemy's  territory  and  an 
attack  upon  his  capital,  but  was  defensive  in  its 
purposes,  although  offensive  in  its  character,  and 
would  be  technically  called  a  "  defensive-offensive 
campaign." 

It  was  undertaken  at  a  time  when  our  army 
had  experienced  severe  defeats,  and  its  object 
was  to  preserve  the  national  capital  and  Balti 


more,  to  protect  Pennsylvania  from  invasion,  and 
to  drive  the  enemy  out  of  Maryland.  These  pur 
poses  were  fully  and  finally  accomplished  by  the 
battle  of  Antietam,  which  brought  the  army  of 
the  Potomac  into  what  might  be  termed  an  acci 
dental  position  on  the  Upper  Potomac. 

Having  gained  the  immediate  object  of  the 
campaign,  the  first  thing  to  be  done  was  to  insure 
Maryland  from  a  return  of  the  enemy  ;  the  sec 
ond,  to  prepare  our  own  army,  exhausted  by  a 
series  of  severe  battles,  destitute  to  a  great  ex, 
tent  of  supplies,  and  very  deficient  in  artillery 
and  cavalry  horses,  for  a  definite  offensive  more- 
ment,  and  to  determine  upon  the  line  of  opera 
tions  for  a  further  advance. 

At  the  time  of  the  battle  of  Antietam  the  Po 
tomac  was  very  low,  and  presented  a  compara 
tively  weak  line  of  defence  unless  watched  by 
large  masses  of  troops. 

The  reoccupation  of  Harper's  Ferry,  and  the 
disposition  of  troops  above  that  point,  rendered 
the  line  of  the  Potomac  secure  against  every 
thing  except  cavalry  raids.  No  time  was  lost  in 
placing  the  army  in  proper  condition  for  an  ad 
vance,  and  the  circumstances  which  caused  the 
delay  after  the  battle  of  Antietam  have  been  fully 
enumerated  elsewhere. 

I  never  regarded  Harper's  Ferry  or  its  vicini 
ty  as  a  proper  base  of  operations  for  a  movement 
upon  Richmond.  I  still  considered  the  line  of 
the  Peninsula  as  the  true  approach,  but,  for  ob 
vious  reasons,  did  not  make  any  proposal  to  re 
turn  to  it. 

On  the  sixth  of  October,  as  stated  above,  I  was 
ordered  by  the  President,  through  his  General- 
in-Chief,  to  cross  the  Potomac  and  give  battle 
to  the  enemy,  or  drive  him  south.  Two  lines 
were  presented  for  my  choice : 

First.  Up  the  valley  of  the  Shenandoah,  in 
which  case  I  was  to  have  twelve  thousand  to 
fifteen  thousand  additional  troops. 

Second.  To  cross  between  the  enemy  and  Wash 
ington — that  is,  east  of  the  Blue  Ridge — in  which 
event  I  was  to  be  reenforced  with  thirty  thou 
sand  men. 

At  first,  I  determined  to  adopt  the  line  of  the 
Shenandoah,  for  these  reasons:  The  Harper's  Fer 
ry  and  AVinchester  Railroad  and  the  various  turn 
pikes  converging  upon  Winchester  afforded  su 
perior  facilities  for  supplies.  Our  cavalry  being 
weak,  this  line  of  communication  could  be  more 
easily  protected.  There  was  no  advantage  in  in 
terposing  at  that  time  the  Blue  Ridge  and  the 
Shenandoah  between  the  enemy  and  myself. 

At  the  period  in  question  the  Potomac  was  still 
very  low,  and  I  apprehended  that,  if  I  crossed  the 
river  below  Harper's  Ferry,  the  enemy  would 
promptly  check  the  movement  by  recrossing  into 
Maryland,  at  the  same  time  covering  his  rear  by 
occupying  in  strong  force  the  passes  leading 
through  the  Blue  Ridge  from  the  south-east  into 
the  Shenandoah  Valley. 

I  anticipated,  as  the  result  of  the  first  course, 
that  Lee  would  fight  me  near  Winchester,  if  he 
could  do  so  under  favorable  circum stances ;  or 


648 


REBELLION  RECORD,    1862-63. 


else  that  he  would  abandon  the  Lower  Shenan- 
doah,  and  leave  the  army  of  the  Potomac  free  to 
act  upon  some  other  line  of  operations. 

If  he  abandoned  the  Shenandoah,  he  would 
naturally  fall  back  upon  his  railway  communica 
tions.  I  have  since  been  confirmed  in  the  belief 
that,  if  I  had  crossed  the  Potomac  below  Harper's 
Ferry  in  the  early  part  of  October,  General  Lee 
would  have  recrossed  into  Maryland. 

As  above  explained,  the  army  was  not  in  con 
dition  to  move  until  late  in  October,  and  in  the 
mean  time  circumstances  had  changed. 

The  period  had  arrived  when  a  sudden  and 
great  rise  of  the  Potomac  might  be  looked  for  at 
any  moment ;  the  season  of  bad  roads  and  diffi 
cult  movements  was  approaching,  which  would 
naturally  deter  the  enemy  from  exposing  himself 
very  far  from  his  base,  and  his  movements  all 
appeared  to  indicate  a  falling  back  from  the  river 
toward  his  supplies.  Under  these  circumstances, 
I  felt  at  liberty  to  disregard  the  possibility  of 
the  enemy's  recrossing  the  Potomac,  and  deter 
mined  to  select  the  line  east  of  the  Blue  Ridge, 
feeling  convinced  that  it  would  secure  me  the 
largest  accession  of  force,  and  the  most  cordial 
support  of  the  President,  whose  views,  from  the 
beginning,  were  in  favor  of  that  line. 

The  subject  of  the  defence  of  the  line  of  the 
Upper  Potomac,  after  the  advance  of  the  main 
army,  had  long  occupied  my  attention.  I  desired 
to  place  Harper's  Ferry  and  its  dependencies  in 
a  strong  state  of  defence,  and  frequently  address 
ed  the  General-in-Chief  upon  the  subject  of  the 
erection  of  field-works  and  permanent  bridges 
there,  asking  for  the  funds  necessary  to  accom 
plish  the  purpose.  Although  I  did  my  best  to 
explain,  as  clearly  as  I  was  able,  that  I  did  not 
wish  to  erect  permanent  works  of  masonry,  and 
that  neither  the  works  nor  the  permanent  bridges 
had  any  reference  to  the  advance  of  the  army, 
but  solely  to  the  permanent  occupation  of  Har 
per's  Ferry,  I  could  never  make  the  General-in- 
Chief  understand  my  wishes,  but  was  refused  the 
funds  necessary  to  erect  the  field-works,  on  the 
ground  that  there  was  no  appropriation  for  the 
erection  of  permanent  fortifications  ;  and  was  not 
allowed  to  build  the  permanent  bridge,  on  the 
ground  that  the  main  army  could  not  be  delayed 
in  its  movements  until  its  completion. 

Of  course  I  never  thought  of  delaying  the  ad 
vance  of  the  army  for  that  purpose,  and  so  stated 
repeatedly.  On  the  twenty-fifth  of  October  I  sent 
to  the  General-in-Chief  the  following  telegram  : 

HEADQUARTERS  ARMY  OF  TTTK  POTOMAC,  ) 
October  25, 1802— 10.45  P.M.      f 

As  the  moment  is  at  hand  for  the  advance  of 
th^s  army,  a  question  arises  for  the  decision  of 
the  General-in-Chief,  which  although  perhaps 
impliedly  decided  by  the  President  in  his  letter 
of  the  thirteenth,  should  be  clearly  presented  by 
nie,  as  I  do  not  regard  it  as  in  my  province  to  de 
termine  it. 

This  question  is  the  extent  to  which  the  line 
of  the  Potomac  should  be  guarded,  after  the  army 
leaves,  in  order  to  cover  Maryland  and  Pennsyl 


vania  from  invasion  by  large  or  small  parties  of 
the  enemy. 

It  will  always  be  somewhat  difficult  to  guard 
the  immediate  line  of  the  river,  owing  to  its  great 
extent  and  the  numerous  passages  which  exist. 

It  has  long  appeared  to  me  that  the  best  way 
of  covering  this  line  would  be  by  occupying 
Front  Royal,  Strasburgh,  Wardensville,  and 
Moorefield,  or  the  debouches  of  the  several  val 
leys  in  which  they  are  situated. 

These  points,  or  suitable  places  in  their  vicini 
ty,  should  be  strongly  intrenched  and  permanent 
ly  held.  One  great  advantage  of  this  arrange 
ment  would  be  the  covering  the  Baltimore  and 
Ohio  Railroad,  and  an  essential  part  of  the  sys 
tem  would  be  the  construction  of  the  link  of  rail 
way  from  Winchester  to  Strasburgh,  and  the  re 
building  of  the  Manassas  Gap  railway  bridge  over 
the  Shenandoah. 

The  intrenchment  of  Manassas  Junction  would 
complete  the  system  for  the  defence  of  the  ap 
proaches  to  Washington  and  the  Upper  Potomac. 
Many  months  ago  I  recommended  this  arrange 
ment;  in  fact,  gave  orders  for  it  to  be  carried 
into  effect.  I  still  regard  it  as  essential  under  all 
circumstances. 

The  views  of  the  Chief  Engineer  of  this  army, 
in  regard  to  the  defences  and  garrison  of  Harper's 
Ferry  and  its  defences,  are  in  your  possession. 

The  only  troops  under  my  command,  outside 
of  the  organization  of  the  army  of  the  Potomac, 
are  the  Maryland  brigade,  under  General  Kenly  ; 
the  Fifty-fourth  Pennsylvania,  Colonel  Voss ; 
Twelfth  Illinois  cavalry,  and  Colonel  Davis's 
Eighth  New-York  cavalry;  total,  two  thousand 
eight  hundred  and  ninety-four  infantry,  one  bat 
tery,  and  about  nine  hundred  cavalry  men. 

there  are  also  two  of  my  regiments  of  cavalry 
(about  seven  hundred  and  fifty  men)  guarding 
the  Baltimore  and  Ohio  Railroad  between  Han 
cock  and  Cumberland. 

As  I  have  no  department,  and  command  simply 
an  active  army  in  the  field,  my  responsibility  for 
the  safety  of  the  line  of  the  Potomac  and  the 
States  north  of  it  must  terminate  the  moment  I 
advance  so  far  beyond  that  line  as  to  adopt 
another  for  my  base  of  operations.  The  question 
for  the  General-in-Chief  to  decide,  and  which  I 
regard  as  beyond  my  province,  is  this  : 

First.  Shall  the  safety  of  Harper's  Ferry  and 
the  line  of  the  Potomac  be  regarded  as  assured 
by  the  advance  of  the  army  south  of  the  Blue 
Ridge,  and  the  line  left  to  take  care  of  itself  ? 

Second.  If  it  is  deemed  necessary  to  hold  the 
line,  or  that  hereinbefore  indicated  in  advance  of  it, 
how  many  troops  shall  be  placed  there,  at  what 
points,  (and  in  what  numbers  and  of  what  com 
position  at  each,)  and  where  shall  they  be  sup 
plied —  that  is,  from  the  army,  or  from  other 
sources  ? 

Omitting  the  detached  troops  mentioned  above, 
and  the  small  garrisons  of  Boonsboro  and  Fred 
erick,  the  last  returns  show  the  strength  of  this 
army  for  duty  to  be  about  (116,000)  one  hundred 
and  sixteen  thousand  officers  and  men.  This  in 
cludes  the  divisions  of  Stonenian  and  Whipple, 


DOCUMENTS. 


649 


but  does  not  include  Heintzelman,   Sigel,  and 
Bayard. 

If  Harper's  Ferry  and  the  river  above  are  ren 
dered  fully  secure,  it  is  possible  that  the  active 
army,  if  it  supplies  the  garrison,  may  be  reduced 
so  much  as  to  be  inadequate  to  the  purposes  con 
templated.  If  it  is  preserved  intact,  Maryland, 
Pennsylvania,  and  the  Baltimore  and  Ohio  Rail 
road  may  be  unduly  exposed. 

I  leave  the  decision  of  these  grave  questions  to 
the  General-in-Chief.  I  know  nothing  of  the 
number  of  troops  at  Baltimore,  etc. 

An  important  element  in  the  solution  of  this 
problem  is  the  fact  that  a  great  portion  of  Bragg' s 
army  is  probably  now  at  liberty  to  unite  itself 
with  Lee's  command. 

I  commence  crossing  the  river  at  Berlin  in  the 
morning,  and  must  ask  a  prompt  decision  of  the 
questions  proposed  herein. 

GEORGE  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  HALLECK, 

General-in-Chief,  Washington. 

To  which  I  received  the  following  reply  : 

WASHINGTON,  October  26,  1862—1.35  P.M. 

In  addition  to  the  command  which  you  had 
when  I  came  here,  you  also  have  the  greater  part 
of  that  of  Major-General  Pope.  Moreover,  you 
have  been  authorized  to  use  any  troops  within 
your  reach  in  General  Wool's  department,  and 
in  Western  Virginia.  General  Banks's  command 
is  also  under  your  direction,  with  the  single  re 
striction  that  he  is  not  to  remove  troops  from 
Washington  till  he  has  notified  me  of  his  orders. 

Since  you  left  Washington  I  have  advised  and 
suggested  in  relation  to  your  movements,  but  I 
have  given  you  no  orders  ;  I  do  not  give  you  any 
now.  The  Government  has  intrusted  you  with 
defeating  and  driving  back  the  rebel  army  in  your 
front.  I  shall  not  attempt  to  control  you  in  the 
measures  you  may  adopt  for  that  purpose.  You 
are  informed  of  my  views,  but  the  President  has 
left  you  at  liberty  to  adopt  them  or  not,  as  you 
may  deem  best. 

You  will  also  exercise  your  own  discretion  in 
regard  to  what  points  on  the  Potomac  and  the 
Baltimore  and  Ohio  Railroad  are  to  be  occupied 
or  fortified.  I  will  only  add  that  there  is  no  ap 
propriation  for  permanent  intrenchments  on  that 
line.  Moreover,  I  think  it  will  be  time  enough 
to  decide  upon  fortifying  Front  Royal,  Strasburgh, 
Wardensville,  and  Moorefield,  when  the  enemy 
is  driven  south  of  them,  and  they  come  into  our 
possession. 

I  do  not  think  that  we  need  have  any  immedi 
ate  fear  of  Bragg' s  army.  You  are  within  (20) 
twenty  miles  of  Lee's,  while  Bragg  is  distant 
about  (400)  four  hundred  miles. 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  G.  B.  MCCLELLAN. 

On  the  twenty-ninth  I  sent  the  following  : 

HEADQUARTERS  ARMY  OF  THE  POTOMAC,  } 
October  29,  1862—1.15  P.M.      f 

On  the  twenty-fifth  instant  I  sent  you  a  des 


patch  requesting  you  to  decide  what  steps  should 
be  taken  to  guard  the  line  of  the  Potomac  when 
this  army  leaves  here.  To  this  I  received  your 
reply  that  I  had  been  intrusted  by  the  President 
with  defeating  and  driving  away  the  rebel  army  ; 
that  you  had  given  me  no  orders  heretofore — did 
not  give  me  any  then,  etc.  UY^r  *v  ese  circum 
stances  I  have  only  to  make  such  a./angements 
for  guarding  this  extended  line  as  the  means  a*, 
my  disposal  will  permit,  at  the  same  time  keep 
ing  in  view  the  supreme  necessity  of  maintaining 
the  moving  army  in  adequate  force  to  meet  the 
rebel  army  before  us. 

The  dispositions  I  have  ordered  are  as  follows, 
namely  :  Ten  thousand  men  to  be  left  at  Harper's 
Ferry  ;  one  brigade  of  infantry  in  front  of  Sharps- 
burgh  ;  Kenly's  brigade  of  infantry  at  Williams- 
port;  Kelly's  brigade,  including  Colonel  Camp 
bell's  Fifty-fourth  Pennsylvania  infantry,  at  Cum 
berland  ;  and  between  that  point  and  Hancock. 
I  have  also  left  four  small  cavalry  regiments  to 
patrol  and  watch  the  river  and  the  Baltimore  and 
Ohio  Railroad  from  Cumberland  down  to  Harper's 
Ferry. 

I  do  not  regard  this  force  as  sufficient  to  cover 
securely  this  great  extent  of  line,  but  I  do  not 
feel  justified  in  detaching  any  more  troops  from 
my  moving  columns  ;  I  would,  therefore,  recom 
mend  that  some  new  regiments  of  infantry  and 
cavalry  be  sent  to  strengthen  the  forces  left  by 
me. 

There  should  be  a  brigade  of  infantry  and  sec 
tion  of  artillery  in  the  vicinity  of  Cherry  Run, 
another  brigade  at  Hancock,  an  additional  brigade 
at  Williamsport,  one  regiment  at  Hagerstown  and 
one  at  Chambersburgh,  with  a  section  of  artillery 
at  each  place  if  possible.  This  is  on  the  suppo 
sition  that  the  enemy  retain  a  considerable  cavalry 
force  west  of  the  Blue  Ridge ;  if  they  go  east  of 
it,  the  occupation  of  the  points  named  in  my  des 
patch  of  the  twenty-fifth  instant  will  obviate  the 
necessity  of  keeping  many  of  these  troops  on  the 
river. 

There  are  now  several  hundred  of  our  wounded, 
including  General  Richardson,  in  the  vicinity  of 
Sharpsburgh,  that  cannot  possibly  be  moved  at 
present. 

I  repeat,  that  I  do  not  look  upon  the  forces  I 
have  been  able  to  leave  from  this  army  as  suffi 
cient  to  prevent  cavalry  raids  into  Maryland  and 
Pennsylvania,  as  cavalry  is  the  only  description 
of  troops  adequate  to  this  service,  and  I  am,  as 
you  are  aware,  deficient  in  this  arm. 

G.  B.  MCCLELLAN, 

Major-General  Commanding. 

Major-General  HALLECK, 

General-in-Chief,  Washington. 

To  which  I  received  on  the  thirtieth  this  reply  : 

WASHINGTON,  October  80, 1862—11.80  A.M. 
Your  telegram  of  yesterday  was  received  lato 
last  evening.  The  troops  proposed  for  Thorough 
fare  Gap  will  be  sent  to  that  place  whenever  ro» 
are  in  position  for  their  cooperation,  as  previous 
ly  stated,  but  no  new  regiments  can  be  sent  from 
here  to  the  Upper  Potomac.  The  guarding  of 


650 


REBELLION  RECORD,  1862-63. 


that  line  is  left  to  your  own  discretion  with  the 
troops  now  under  your  command. 

H.  W.  HALLECK, 

General-in-Chief. 

Major-General  G.  B.  MCCLELLAN. 

I  accordingly  left  the  Twelfth  corps  at  Harper's 
Ferry,  detaching  one  brigade  to  the  vicinity  of 
Sharpsburgh.  General  Morell  was  placed  in 
command  of  the  line  from  the  mouth  of  the  An 
tietam  to  Cumberland;  General  Slocum  in  com 
mand  of  Harper's  Ferry  and  the  line  east  of  the 
mouth  of  the  Antietam. 

The  orders  given  to  these  officers  were  as  fol 
lows  : 

HEADQUARTERS  ARMY  OF  THB  POTOMAC,  ) 
October  29,  1862—1  P.M.      j 

The  General  Commanding  directs  that  you  send 
one  brigade  of  your  corps  to  march  at  once  to  the 
position  now  occupied  by  General  F.  J.  Porter's 
corps,  in  front  of  Sharpsburgh,  to  watch  and 
guard  the  line  of  the  river,  the  ford  near  the 
mouth  of  the  Antietam  Creek  to  the  mouth  of  the 
Opequan  Creek. 

The  officer  in  command  will  also  take  steps  to 
afford  proper  protection  to  the  sick  and  wounded 
in  the  hospitals  in  the  vicinity  of  Sharpsburgh 
and  Boonsboro.  The  regiment  now  at  Boons- 
boio  will  be  placed  under  his  orders.  General 
Kenly,  at  Williamsport,  will  guard  the  river 
from  the  mouth  of  the  Opequan  alone,  including 
the  ford  at  the  mouth  of  the  Opequan. 

The  Commanding  General  also  directs  that  you 
take  immediate  steps  to  establish  the  remainder 
of  your  corps  as  follows,  namely,  one  brigade 
on  Maryland  Heights,  one  brigade  on  London 
Heights,  with  the  remainder  on  Bolivar  Heights 
and  at  Harpers  Ferry. 

These  dispositions  should  be  made  at  once,  so 
that  General  Couch  can  move  with  his  corps. 
Please  acknowledge  the  receipt  of  this. 

R.  B.  MARCY, 

General  H.  W.  SLOCUM,  Chief  of  Stair. 

Commanding  Army  Corps,  Harper's  Ferry. 

HEADQUARTERS  ARMY  OF  THR  POTOMAC,  \ 
October  31,  1SC2.       f 

GENERAL:  I  am  instructed  by  the  Command 
ing  General  to  say  to  you,  that  he  has  selected 
you  to  perform  the  highly  important  and  respon 
sible  duty  of  taking  charge  of  and  commanding 
She  troops  left  for  the  defence  of  the  line  of  the 
Potomac  River,  from  the  mouth  of  the  Antietam 
$o  Cumberland,  as  well  as  any  other  troops  that 
may  hereafter  be  sent  for  the  protection  of  the 
Maryland  and  Pennsylvania  frontier  within  the 
limits  of  the  lines  herein  specified.  The  force 
which  has  been  left  to  guard  the  line  is  not  deem 
ed  adequate  to  prevent  cavalry  raids,  but  it  is  all 
that  the  Commanding  General  feels  authorized  to 
detach  from  the  army  of  the  Potomac  at  the 
present  time,  and  it  devolves  upon  you  to  make 
tlie  best  use  of  this  force  in  your  power.  You 
will  have  four  cavalry  regiments  under  your  com 
mand,  which  should  be  so  distributed  along  the 
m^er  as  to  \i  atch  all  the  available  fords,  and  give 


timely  notice  to  the  infantry  of  the  approach  of 
any  force  of  rebels. 

You  will  afford  all  the  protection  in  your 
power  to  the  Baltimore  and  Ohio  Railroad. 

You  will  endeavor  to  prevent  any  cavalry  raids 
into  Maryland  and  Pennsylvania. 

You  will  take  steps  to  have  all  the  sick  and 
wounded  of  our  army,  as  well  as  of  the  rebel 
army  within  your  lines,  properly  taken  care  of 
until  they  can  be  sent  to  general  hospitals,  or 
discharged,  or  paroled. 

You  will  make  your  headquarters  at  Hagers- 
town,  and  occasionally  visit  the  different  parts  of 
your  line. 

You  will  please  report  promptly  to  these  head 
quarters  every  thing  of  importance  that  occurs 
within  the  limits  of  your  command. 

The  three  brigades  now  at  Cumberland,  Wil 
liamsport,  and  Sharpsburgh,  including  the  Fifty- 
fourth  Pennsylvania  volunteers,  near  Cumber 
land,  will  be  under  your  command.  They  are 
commanded  by  Generals  Kelly,  Kenly,  and  Gor 
don. 

Very  respectfully,  your  obedient  servant, 

S.  WILLIAMS, 
Assistant  Adjutant-General. 

General  G.  W.  MORELL, 

Commanding  Upper  Potomac. 

On  the  twenty -fifth  of  October,  the  pontoon- 
bridge  at  Berlin  was  constructed,  there  being  al 
ready  one  across  the  Potomac,  and  another  across 
the  Shenandoah,  at  Harper's  Ferry. 

On  the  twenty-sixth,  two  divisions  of  the  Ninth 
corps,  and  Pleasanton's  brigade  of  caralry,  cross 
ed  at  Berlin  and  occupied  Lovettsville. 

The  First,  Sixth,  and  Ninth  corps,  the  cavalry, 
and  the  reserve  artillery,  crossed  at  Berlin  be 
tween  the  twenty-sixth  of  October  and  the  second 
of  November. 

The  Second  and  Fifth  corps  crossed  at  Har 
per's  Ferry  between  the  twenty-ninth  of  October 
and  the  first  of  November.  Heavy  rains  delayed 
the  movement  considerably  in  the  beginning, 
and  the  First,  Fifth  and  Sixth  corps  were  obliged 
to  halt  at  least  one  day  at  the  crossings  to  com 
plete,  as  far  as  possible,  necessary  supplies  that 
could  not  be  procured  at  an  earlier  period. 

The  plan  of  campaign  I  adopted  during  this  ad 
vance  was  to  move  the  army,  well  in  hand,  par 
allel  to  the  Blue  Ridge,  taking  Warrenton  as  the 
point  of  direction  for  the  main  army;  seizing 
each  pass  on  the  Blue  Ridge  by  detachments,  as 
we  approached  it,  and  guarding  them  after  we  had 
passed  as  long  as  they  would  enable  the  enemy 
to  trouble  our  communications  with  the  Poto 
mac.  It  was  expected  that  we  would  unite  with 
the  Eleventh  corps  and  Sickles's  division  near 
Thoroughfare  Gap.  We  depended  upon  Har 
per's  Ferry  and  Berlin  for  supplies  until  the 
Manassas  Gap  Railway  was  reached  ;  when  that 
occurred,  the  passes  in  our  rear  were  to  be  aban 
doned,  and  the  army  massed  ready  for  action  or 
movement  in  any  direction. 

It  was  my  intention  if  upon  reaching  Ashby'g 
or  any  other  pass,  I  found  that  the  enemy  were 
in  force  between  it  and  the  Potomac  in  the  valley 


DOCUMENTS. 


651 


of  the  Shenandoah,  to  move  into  the  valley  anc 
endeavor  to  gain  their  rear. 

I  hardly  hoped  to  accomplish  this,  but  die 
expect  that  by  striking  in  between  Culpeper 
Court-House  and  Little  Washington  I  coulc 
either  separate  their  army  and  beat  them  in  de 
tail,  or  else  force  them  to  concentrate  as  far  back 
as  Gordonsville,  and  thus  place  the  army  of  th( 
Potomac  in  position  either  to  adopt  the  Freder 
icksburgh  line  of  advance  upon  Richmond,  or  to 
be  removed  to  the  Peninsula,  if,  as  I  apprehend 
ed,  it  were  found  impossible  to  supply  it  by  the 
Orange  and  Alexandria  Railroad  beyond  Cul 
peper. 

On  the  twenty-seventh  of  October,  the  remain 
ing  divisions  of  the  Ninth  corps  crossed  at  Ber 
lin,  and  Pleasanton's  cavalry  advanced  to  Pur- 
cellville.  The  concentration  of  the  Sixth  corps, 
dela}'ed  somewhat  by  intelligence  as  to  the  move 
ments  of  the  enemy  near  Hedgesville,  etc.,  was 
commenced  on  this  day,  and  the  First  corps  was 
already  in  motion  for  Berlin. 

On  the  twenty-eighth,  the  First  corps  and  the 
general  headquarters  reached  Berlin. 

On  the  twenty-ninth,  the  reserve  artillery  cross 
ed  and  encamped  near  Lovettsville.  Stoneman' 
division,  temporarily  attached  to  the  Ninth  corps, 
occupied  Leesburgh  ;  Averill's  cavalry  brigade 
moved  toward  Berlin  from  Hagerstown ;  two 
divisions  of  the  Ninth  corps  moved  to  Wheat- 
land,  and  one  to  Waterford.  The  Second  corps 
commenced  the  passage  of  the  Shenandoah  at 
Harper's  Ferry,  and  moved  into  the  valley  east 
of  London  Heights. 

On  the  thirtieth,  the  First  corps  crossed  at 
Berlin  and  encamped  near  Lovettsville,  and  the 
Second  corps  completed  the  passage  of  the  Shen- 
andoah.  The  Fifth  corps  commenced  its  march 
from  Sharpsburgh  to  Harper's  Ferry. 

On  the  thirty-first,  the  Second  corps  moved  to 
the  vicinity  of  Hillsborough  ;  the  Sixth  corps 
reached  Boonsboro  ;  the  Fifth  corps  reached 
Harper's  Ferry,  one  division  crossing  the  Shen 
andoah. 

On  the  first  of  November,  the  First  corps 
moved  to  Purcellville  and  Hamilton  ;  the  Second 
corps  to  Woodgrove ;  the  Fifth  corps  to  Hills- 
borough  ;  the  Sixth  corps  reached  Berlin,  one 
division  crossing.  Pleasanton's  cavalry  occupied 
Philomont,  having  a  sharp  skirmish  there  and  at 
Bloom  field. 

On  November  second,  the  Second  corps  occu 
pied  Snicker's  Gap  ;  the  Fifth  corps,  Snickers- 
rille ;  the  Sixth  corps  crossed  the  Potomac  and 
encamped  near  Wheatland ;  the  Ninth  corps  ad 
vanced  to  Bloomfield,  Union,  and  Philomont. 
Pleasanton  drove  the  enemy  out  of  Union. 
Averill  was  ordered  to  join  Pleasanton.  The 
enemy  offered  no  serious  resistance  to  the  occu 
pation  of  Snicker's  Gap,  but  advanced  to  gain 
possession  of  it  with  a  column  of  some  five  thou 
sand  to  six  thousand  infantry,  who  were  driven 
back  by  a  few  rounds  from  our  rifled  guns. 

On  the  third,  the  First  corps  moved  to  Philo 
mont,  Union,  Bloomfield,  etc.  ;  the  Second  corps 
to  the  vicinity  of  Upperville ;  the  Fifth  corps  re 


mained  at  Snicker's  Gap  ;  the  Sixth  corps  moved 
to  Purcellville ;  the  Ninth  corps  moved  toward 
Upperville.  Pleasanton  drove  the  enemy  out  of 
Upperville  after  a  severe  fight; 

On  the  fourth,  the  Second  corps  took  posses 
sion  of  Ashby's  Gap  ;  the  Sixth  corps  reached 
Union  ;  the  Ninth  corps,  Upperville  ;  the  cav 
alry  occupied  Piedmont. 

On  the  fifth,  the  First  corps  moved  to  Rectoi>- 
town  and  White  Plains  ;  one  division  of  the 
Second  corps  to  the  intersection  of  the  Paris  and 
Piedmont  with  the  Upperville  and  Barber's  road; 
the  Sixth  corps  to  the  Aldie  pike,  east  of  Upper 
ville  ;  the  Ninth  corps  beyond  the  Manassas 
Railroad,  between  Piedmont  and  Salem,  with  a 
brigade  at  Manassas  Gap.  The  cavalry  under 
Averill  had  a  skirmish  at  Manassas  Gap,  and  the 
brigade  of  Pleasanton  gained  a  handsome  victory 
over  superior  numbers  at  Barbee's  Cross-Roads. 
Bayard's  cavalry  had  some  sharp  shirmishing  in 
front  of  Salem. 

On  the  sixth,  the  First  corps  advanced  to  War- 
renton ;  the  Second  corps  to  Rectortown ;  the 
Fifth  corps  commenced  its  movement  from 
Snicker's  Gap  to  White  Plains ;  the  Ninth  corps 
to  Waterloo  and  vicinity  on  the  Rappahannock ; 
the  Eleventh  corps  was  at  New-Baltimore,  Thor 
oughfare  and  Hopewell's  Gaps;  Sickles's  division 
guarding  the  Orange  and  Alexandria  Railroad 
from  Manassas  Junction  toward  Warrenton  Junc 
tion  ;  the  cavalry  near  Flint  Hill ;  Bayard  to  cut 
off  what  there  might  be  in  Warrenton,  and  to 
proceed  to  the  Rappahannock  Station. 

November  seventh,  General  Pleasanton  was 
ordered  to  move  toward  Little  Washington  and 
Sperryville,  and  thence  toward  Culpeper  Court- 
House. 

November  eighth,  the  Second  corps  moved  half 
way  to  Warrenton  ;  the  Fifth  corps  to  New-Bal 
timore. 

November  ninth,  the  Second  and  Fifth  corps 
reached  Warrenton ;  the  Sixth  corps,  New-Balti 
more. 

Late  on  the  night  of  the  seventh,  I  received  an 
order  relieving  me  from  the  command  of  the  army 
of  the  Potomac,  and  directing  me  to  turn  it  over 
to  General  Burnside,  which  I  at  once  did. 

I  had  already  given  the  orders  for  the  move 
ments  of  the  eighth  and  ninth ;  these  orders 
were  carried  into  effect  without  change. 

The  position  in  which  I  left  the  army,  as  the 
result  of  the  orders  I  had  given,  was  as  follows : 

The  First,  Second,  and  Fifth  corps,  reserve  ar- 
;illery,  and  general  headquarters,  at  Warrenton ; 
;he  Ninth  corps  on  the  line  of  the  Rappahan 
nock,  in  the  vicinity  of  Waterloo;  the  Sixth 
corps  at  New-Baltimore ;  the  Eleventh  corps  at 
New-Baltimore,  Gainesville,  and  Thoroughfare 
jap;  Sickles's  division  of  the  Third  corps,  on 
;he  Orange  and  Alexandria  Railroad,  from  Ma- 
lassas  Junction  to  Warrenton  Junction ;  Pleas- 
mton  across  the  Rappahannock  at  AmissvilX 
Fefferson,  etc.,  with  his  pickets  at  Hazel  River, 
acing  Longstreet,  six  miles  from  Culpeper  Court- 
House  ;  Bayard  near  Rappahannock  Station. 

The  army  was  thus  massed  near  W.-MTentou, 


852 


REBELLION  RECORD,  1862-63. 


ready  to  act  in  any  required  direction,  perfectly 
in  hand,  and  in  admirable  condition  and  spirits. 
I  doubt  whether,  during  the  whole  period  thai 
I  had  the  honor  to  command  the  army  of  the  Po 
tomac,  it  was  in  such  excellent  condition  to  fighl 
a  great  battle.  When  I  gave  up  the  command  t 
General  Burnside,  the  best  information  in  our 
possession  indicated  that  Longstreet  was  imme 
diately  in  our  front  near  Culpeper ;  Jackson,  with 
one,  perhaps  both,  of  the  Hills,  near  Chester  and 
Thornton's  Gaps,  with  the  mass  of  their  force 
west  of  the  Blue  Ridge. 

The  reports  from  General  Pleasanton  on  the 
advance  indicated  the  possibility  of  separating 
the  two  wings  of  the  enemy's  forces,  and  either 
beating  Longstreet  separately,  or  forcing  him  to 
fall  back  at  least  upon  Gordonsville,  to  effect  his 
junction  with  the  rest  of  the  army. 

The  following  is  from  the  report  of  General 
Pleasanton  : 

"At  this  time,  and  from  the  seventh  instant, 
my  advance  pickets  were  at  Hazel  River,  within 
six  miles  of  Culpeper,  besides  having  my  flank 
pickets  toward  Chester  and  Thornton's  Gaps  ex 
tended  to  Gaines's  Cross-Roads  and  Newby's 
Cross-Roads,  with  numerous  patrols  in  the  direc 
tion  of  Woodville,  Little  Washington,  and  Sper- 
ryville. 

"  The  information  gained  from  these  partie»,  and 
also  from  deserters,  prisoners,  contrabands,  as 
well  as  citizens,  established  the  fact  of  Long- 
street,  with  his  command,  being  at  Culpeper, 
while  Jackson,  with  D.  H.  Hill,  with  their  re 
spective  commands,  were  in  the  Shenandoah  Val 
ley,  on  the  western  side  of  the  Blue  Ridge,  cov 
ering  Chester  and  Thornton's  Gaps,  and  expect 
ing  us  to  pass  through  and  attack  them. 

"  As  late  as  the  seventeenth  of  November,  a 
contraband  just  from  Strasburgh  came  in  my 
camp  and  reported  that  D.  H.  Hill's  corps  was 
two  miles  beyond  that  place,  on  the  railroad  to 
Mount  Jackson.  Hill  was  tearing  up  the  road 
and  destroying  the  bridges,  under  the  impression 
that  we  intended  to  follow  into  that  valley,  and 
was  en  route  for  Staunton. 

"  Jackson's  corps  was  between  Strasburgh  and 
Winchester.  Ewell  and  A.  P.  Hill  were  with 
Jackson.  Provisions  were  scarce,  and  the  rebels 
were  obliged  to  keep  moving  to  obtain  them." 

Had  I  remained  in  command,  I  should  have 
made  the  attempt  to  divide  the  enemy  as  before 
suggested,  and  could  he  have  been  brought  to  a 
battle  within  reach  of  my  supplies,  I  cannot 
doubt  that  the  result  would  have  been  a  brilliant 
victory  for  our  army. 

On  the  tenth  of  November,  General  Pleasanton 
was  attacked  by  Longstreet,  with  one  division  of 
infantry  and  Stuart's  cavalry,  but  repulsed  the 
attack. 

This  indicates  the  relative  position  of  our  ar 
my  and  that  of  the  enemy  at  the  time  I  was  re 
lieved  from  command. 

It  would  be  impossible  to  participate  in  opera 
tions,  such  as  those  described  in  the  foregoing 
pages,  without  forming  fixed  opinions  upon  sub 
jects  connected  with  the  organization  of  our  ar 


mies,  and  the  general  conduct  of  military  opera 
tions. 

This  report  would  be  incomplete  without  a 
brief  allusion  to  some  general  considerations 
which  have  been  firmly  impressed  upon  me  by 
the  events  which  have  occurred. 

To  my  mind  the  most  glaring  defect  in  our  ar 
mies  is  the  absence  of  system  in  the  appointment 
and  promotion  of  general  and  other  officers,  and 
the  want  of  means  for  the  theoretical  instruction 
of  the  mass  of  officers.  The  expansion  of  the 
army  was  so  great  and  so  rapid  at  the  commence 
ment  of  the  existing  war  that  it  was  perhaps  im 
possible,  in  the  great  scarcity  of  instructed  offi 
cers,  to  have  adopted  any  other  course  than  that 
which  was  pursued ;  but  the  time  has  arrived 
when  measures  may  be  initiated  to  remedy  ex 
isting  defects,  and  provide  against  their  recur 
rence. 

I  think  that  the  army  should  be  regarded  as  a 
permanent  one  ;  that  is  to  say,  its  affairs  should 
be  administered  precisely  as  if  all  who  belonged 
to  it  had  made  it  their  profession  for  life ;  and 
those  rules  for  promotion,  etc.,  which  have  been 
found  necessary  in  the  best  foreign  armies  to  ex 
cite  honorable  emulation,  produce  an  esprit  dit, 
corps  and  procure  efficiency,  should  be  followed 
by  us. 

All  officers  and  soldiers  should  be  made  to 
feel  that  merit — that  is  to  say,  courage,  good  con 
duct,  the  knowledge  and  performance  of  the  du 
ties  of  their  grade,  and  fitness  to  exercise  those 
of  a  superior  grade — will  insure  to  them  ad 
vancement  in  their  profession,  and  can  alone  se 
cure  it  for  them. 

Measures  should  be  adopted  to  secure  the  theo 
retical  instruction  of  staff-officers  at  least,  who 
should,  as  far  as  possible,  be  selected  from  offi 
cers  having  a  military  education,  or  who  have 
seen  actual  service  in  the  field. 

The  number  of  cadets  at  the  Military  Acade 
my  should  be  at  once  increased  to  the  greatest 
xtent  permitted  by  the  capacity  of  the  institu 
tion.  The  regular  army  should  be  increased 
and  maintained  complete  in  numbers  and  effi 
ciency. 

A  well-organized  system  of  recruiting  and  of 
depots  for  instruction  should  be  adopted,  in  or. 
der  to  keep  the  ranks  of  the  regiments  full,  and 
supply  promptly  the  losses  arising  from  battle 
or  disease.  This  is  especially  necessary  for  the 
artillery  and  cavalry  arms  of  the  service,  which, 
from  the  beginning  of  the  war,  have  rendered 
;reat  services,  and  which  have  never  been  fully 
appreciated  by  any  but  their  comrades.  We 
need  also  large  bodies  of  well-instructed  engi 
neer  troops. 

In  the  arrangement  and  conduct  of  campaigns 
the  direction  should  be  left  to  professional  sol 
diers.     A  statesman  may,  perhaps,  be  more  com 
petent  than  a  soldier  to  determine  the  political 
bjects  and  direction  of  a  campaign ;  but  those 
nee  decided  upon,  every  thing  should  be  left  to 
:he  responsible  military  head,  without  interfer 
ence  from  civilians.     In  no  other  manner  is  suc 
cess  probable.    The  meddling  of  individual  mem- 

i 


DOCUMENTS. 


bers  of  committees  of  Congress  with  subjects 
which,  from  lack  of  experience,  they  are  of  course 
incapable  of  comprehending,  and  which  they  are 
too  apt  to  view  through  the  distorted  medium  of 
partisan  or  personal  prejudice,  can  do  no  good, 
and  is  certain  to  produce  incalculable  mischief. 

I  cannot  omit  the  expression  of  my  thanks  to 
the  President  for  the  constant  evidence  given  me 
of  his  sincere  personal  regard,  and  his  desire  to 
sustain  the  military  plans  which  my  judgment 
led  me  to  urge  for  adoption  and  execution.  I 
cannot  attribute  his  failure  to  adopt  some  of  those 
plans,  and  to  give  that  support  to  others  which 
was  necessary  to  their  success,  to  any  want  of 
confidence  in  me ;  and  it  only  remains  for  me  to 
regret  that  other  counsels  came  between  the  con 
stitutional  Commander-in-Chief  and  the  General 
whom  he  had  placed  at  the  head  of  his  armies — 
counsels  which  resulted  in  the  failure  of  great 
campaigns. 

If  the  nation  possesses  no  generals  in  service 
competent  to  direct  its  military  affairs  without  the 
aid  or  supervision  of  politicians,  the  sooner  it 
finds  them  and  places  them  in  position  the  bet 
ter  will  it  be  for  its  fortunes. 

I  may  be  pardoned  for  calling  attention  to  the 
memorandum  submitted  by  me  to  the  President 
on  the  fourth  of  August,  1861 ;  my  letter  to  him 
of  July  seventh,  1862  ;  and  other  similar  commu 
nications  to  him  and  to  the  Secretary  of  War. 
I  have  seen  no  reason  to  change  in  any  material 
regard  the  views  there  expressed. 

After  a  calm,  impartial,  and  patient  considera 
tion  of  the  subject — a  subject  which  demands  the 
closest  thought  on  the  part  of  every  true  lover 
of  his  country — I  am  convinced  that  by  the  prop 
er  employment  of  our  resources  it  is  entirely  pos 
sible  to  bring  this  war  to  a  successful  military 
issue.  I  believe  that  a  necessary  preliminary  to 
the  reestablishment  of  the  Union  is  the  entire 
defeat  or  virtual  destruction  of  the  organized  mil 
itary  power  of  the  confederates ;  and  that  such  a 
result  should  be  accompanied  and  followed  by 
conciliatory  measures ;  and  that  by  pursuing  the 
political  course  I  have  always  advised,  it  is  pos 
sible  to  bring  about  a  permanent  restoration  of 
the  Union  —  a  reunion  by  which  the  rights  of 
both  sections  shall  be  preserved,  and  by  which 
both  parties  shall  preserve  their  self-respect,  while 
they  respect  each  other. 

In  this  report  I  have  confined  myself  to  a  plain 
narrative  of  such  facts  as  are  necessary  for  the 
purposes  of  history. 

Where  it  was  possible,  I  have  preferred  to  give 
these  facts  in  the  language  of  despatches,  written 
at  the  time  of  their  occurrence,  rather  than  to  at 
tempt  a  new  relation. 

The  reports  of  the  subordinate  commanders, 
hereto  annexed,  recite  what  time  and  space  would 
fail  me  to  mention  here ;  those  individual  instan 
ces  of  conspicuous  bravery  and  skill  by  which 
every  battle  was  marked.  To  them  I  must  es 
pecially  refer,  for  without  them  this  narrative 
would  be  incomplete,  and  justice  fail  to  be  done. 
But  I  cannot  omit  to  tender  to  my  corps  com 
manders,  and  to  other  general  officers  under 

SUP.  Doc.  42 


them,  such  ample  recognition  of  their  cordial  co 
operation  and  their  devoted  services  as  those  re 
ports  abundantly  avouch. 

I  have  not  sought  to  defend  the  army  which  I 
had  the  honor  to  command,  nor  myself,  against 
the  hostile  criticisms  once  so  rife. 

It  has  seemed  to  me  that  nothing  more  was 
required  than  such  a  plain  and  truthful  narrative 
to  enable  those  whose  right  it  is  to  form  a  correct 
judgment  on  the  important  matters  involved. 

This  report  is,  in  fact,  the  history  of  the  army 
of  the  Potomac. 

During  the  period  occupied  in  the  organization 
of  that  army,  it  served  as  a  barrier  against  the 
advance  of  a  lately  victorious  enemy,  while  the 
fortifications  of  the  capital  were  in  progress ;  and 
under  the  discipline  which  it  then  received  it  ac 
quired  strength,  education,  and  some  of  that  ex 
perience  which  is  necessary  to  success  in  active 
operations,  and  which  enabled  it  afterward  to 
sustain  itself  under  circumstances  trying  to  the 
most  heroic  men.  Frequent  skirmishes  occurred 
along  the  lines,  conducted  with  great  gallantry, 
which  inured  our  troops  to  the  realities  of  war. 

The  army  grew  into  shape  but  slowly  ;  and  the 
delays  which  attended  on  the  obtaining  of  arms, 
continuing  late  into  the  winter  of  1861-'62,  were 
no  less  trying  to  the  soldiers  than  to  the  people 
of  the  country.  Even  at  the  time  of  the  organi 
zation  of  the  Peninsula  campaign,  some  of  the 
finest  regiments  were  without  rifles ;  nor  were  the 
utmost  exertions  on  the  part  of  the  military  au 
thorities  adequate  to  overcome  the  obstacles  to 
active  service. 

When,  at  length,  the  army  was  in  condition  to 
take  the  field,  the  Peninsula  campaign  was  plan 
ned,  and  entered  upon  with  enthusiasm  by  offi 
cers  and  men.  Had  this  campaign  been  followed 
up  as  it  was  designed,  I  cannot  doubt  that  it 
would  have  resulted  in  a  glorious  triumph  to  our 
arms,  and  the  permanent  restoration  of  the  pow 
er  of  the  Government  in  Virginia  and  North-Car 
olina,  if  not  throughout  the  revolting  States.  It 
was,  however,  otherwise  ordered,  and  instead  of 
reporting  a  victorious  campaign,  it  has  been  my 
duty  to  relate  the  heroism  of  a  reduced  army, 
sent  upon  an  expedition  into  an  enemy's  country, 
there  to  abandon  one  and  originate  another  and 
new  plan  of  campaign,  which  might  and  would 
have  been  successful  if  supported  with  apprecia 
tion  of  its  necessities,  but  which  failed  because 
of  the  repeated  failure  of  promised  support,  at  the 
most  critical,  and,  as  it  proved,  the  most  fatal 
moments.  That  heroism  surpasses  ordinary  de 
scription.  Its  illustration  must  be  left  for  the 
pen  of  the  historian  in  times  of  calm  reflection, 
when  the  nation  shall  be  looking  back  to  the 
past  from  the  midst  of  peaceful  days. 

For  me,  now,  it  is  sufficient  to  say  that  my 
comrades  were  victors  on  every  field  save  one, 
and  there  the  endurance  of  but  little  more  than 

single  corps  accomplished  the  object  of  the 
Bghting,  and,  by  securing  to  the  army  its  transit 
to  the  James,  left  to  the  enemy  a  ruinous  and 
barren  victory. 

The  army  of  the  Potomac  was  first  reduced  by 


654 


REBELLION  RECORD,  1862-63. 


the  withdrawal  from  my  command  of  the  division 
of  General .  Blenker,  which  was  ordered  to  the 
Mountain  department,  under  General  Fremont. 
We  had  scarcely  landed  on  the  Peninsula  when 
it  was  further  reduced  by  a  despatch  revoking 
a  previous  order  giving  me  command  at  Fortress 
Monroe,  and  under  which  I  had  expected  to  take 
ten  thousand  men  from  that  point  to  aid  in  our 
operations.  Then,  when  under  fire  before  the 
defences  of  Yorktown,  we  received  the  news  of 
the  withdrawal  of  General  McDowell's  corps  of 
about  thirty -five  thousand  men.  This  completed 
the  overthrow  of  the  original  plan  of  the  cam 
paign.  About  one  third  of  my  entire  army  (five 
divisions  out  of  fourteen,  one  of  the  nine  remain 
ing  being  but  little  larger  than  a  brigade)  was 
thas  taken  from  me.  Instead  of  a  rapid  advance 
which  I  had  planned,  aided  by  a  flank  movement 
up  the  York  River,  it  was  only  left  to  besiege 
Yorktown.  That  siege  was  successfully  conduct 
ed  by  the  army,  and  when  these  strong  works  at 
length  yielded  to  our  approaches,  the  troops 
rushed  forward  to  the  sanguinary  but  successful 
battle  of  Williamsburgh,  and  thus  opened  an  al 
most  unresisted  advance  to  the  banks  of  the 
Chickahominy.  Richmond  lay  before  them,  sur 
rounded  with  fortifications,  and  guarded  by  an 
army  larger  than  our  own  ;  but  the  prospect  did 
not  shake  the  courage  of  the  brave  men  who 
composed  my  command.  Relying  still  on  the 
support  which  the  vastness  of  our  undertaking 
and  the  grand  results  depending  on  our  success 
seemed  to  insure  us,  we  pressed  forward.  The 
weather  was  stormy  beyond  precedent ;  the  deep 
soil  of  the  Peninsula  was  at  times  one  vast  mo 
rass  ;  the  Chickahominy  rose  to  a  higher  stage 
than  had  been  known  for  years  before.  Pursu 
ing  the  advance,  the  crossings  were  seized,  and 
the  right  wing  extended  to  effect  a  junction  with 
reinforcements  now  promised  and  earnestly  de 
sired,  and  upon  the  arrival  of  which  the  complete 
success  of  the  campaign  seemed  clear.  The  bril-  i 
liant  battle  of  Hanover  Court-House  was  fought,  I 
which  opened  the  way  for  the  First  corps,  with 
the  aid  of  which,  had  it  come,  we  should  then 
have  gone  into  the  enemy's  capital.  It  never 
came.  The  bravest  army  could  not  do  more, 
under  such  overwhelming  disappointment,  than 
the  arm}7  of  the  Potomac  then  did.  Fair  Oaks 
attests  their  courage  and  endurance  when  they 
hurled  back,  again  and  again,  the  vastly  superior 
masses  of  the  enemy.  But  mortal  men  could 
not  accomplish  the  miracle  that  seemed  to  have 
been  expected  of  them.  But  one  course  was 
left — a  flank  march  in  the  face  of  a  powerful  en 
emy  to  another  and  better  base— one  of  the  most 
hazardous  movements  in  war.  The  army  of  the 
Potomac,  holding  its  own  safety  and  almost  the 
safety  of  our  cause,  in  its  hands,  was  equal  to 
the  occasion.  The  seven  days  are  classical  in 
American  history ;  those  days  in  which  the  noble 
soldiers  of  the  Union  and  Constitution  fought  an 
outnumbering  enemy  by  day,  and  retreated  from 
successive  victories  by  night,  through  a  week  of  j 
battle,  closing  the  terrible  series  of  conflicts  with  j 
the  ever-memorable  victory  of  Malvern,  where ' 


they  drove  back,  beaten  and  shattered,  the  en 
tire  eastern  army  of  the  Confederacy,  and  thus 
secured  for  themselves  a  place  of  rest  and  a 
point  for  a  new  advance  upon  the  capital  from 
the  banks  of  the  James.  Richmond  was  still 
within  our  grasp,  had  the  army  of  the  Potomac 
been  reenforced  and  permitted  to  advance.  But 
counsels,  which  I  cannot  but  think  subsequent 
events  proved  unwise,  prevailed  in  Washington, 
and  we  were  ordered  to  abandon  the  campaign. 
Never  did  soldiers  better  deserve  the  thanks  of  a 
nation  than  the  armv  of  the  Potomac  for  the 
deeds  of  the  Peninsula  campaign,  and  although 
that  meed  was  withheld  from  them  by  the  au 
thorities,  I  am  persuaded  they  have  received  the 
applause  of  the  American  people. 

The  army  of  the  Potomac  was  recalled  from 
within  sight  of  Richmond,  and  incorporated  with 
the  army  of  Virginia.  The  disappointments  of 
the  campaign  on  the  Peninsula  had  not  damped 
their  ardor  nor  diminished  their  patriotism.  They 
fought  well,  faithfully,  gallantly,  under  General 
Pope ;  yet  were  compelled  to  fall  back  on  Wash 
ington,  defeated  and  almost  demoralized. 

The  enemy,  no  longer  occupied  in  guarding  his 
own  capital,  poured  his  troops  northward,  entered 
Maryland,  threatened  Pennsylvania,  and  even 
Washington  itself.  Elated  by  his  recent  victor 
ies,  and  assured  that  our  troops  were  disorgan 
ized  and  dispirited,  he  was  confident  that  the 
seat  of  war  was  now  permanently  transferred  to 
the  loyal  States,  and  that  his  own  exhausted  soil 
was  to  be  relieved  from  the  burden  of  supporting 
two  hostile  armies.  But  he  did  not  understand 
the  spirit  which  animated  the  soldiers  of  the 
Union.  I  shall  not,  nor  can  I  living,  forget  that 
when  I  was  ordered  to  the  command  of  the  troops 
for  the  defence  of  the  capital,  the  soldiers,  with 
whom  I  had  shared  so  much  of  the  anxiety,  and 
pain,  and  suffering  of  the  war,  had  not  lost  their 
confidence  in  me  as  their  commander.  They 
sprang  to  my  call  with  all  their  ancient  vigor,  dis 
cipline,  and  courage.  I  led  them  into  Maryland. 
Fifteen  days  after  they  had  fallen  back  defeated 
before  Washington,  they  vanquished  the  enemy 
on  the  rugged  height  of  South-Mountain,  pursued 
him  to  the  hard-fought  field  of  Antietarn,  and 
drove  him,  broken  and  disappointed,  across  the 
Potomac  into  Virginia. 

The  army  had  need  of  rest.  After  the  terrible 
experiences  of  battles  and  marches,  with  scarcely 
an  interval  of  repose,  which  they  had  gone  through 
from  the  time  of  leaving  for  the  Peninsula ;  the 
return  to  Washington ;  the  defeat  in  Virginia ; 
the  victory  at  South-Mountain,  and  again  at  An- 
tietam,  it  was  not  surprising  that  they  were  in  a 
large  degree  destitute  of  the  absolute  necessaries 
to  effective  duty.  Shoes  were  worn  out;  blank 
ets  were  lost ;  clothing  was  in  rags :  in  short,  the 
army  was  unfit  for  active  service,  and  an  interval 
for  rest  and  equipment  was  necessary.  When 
the  slowly  forwarded  supplies  came  to  us  I  led 
the  army  across  the  river,  renovated,  refreshed, 
in  good  order  and  discipline,  and  followed  the  re 
treating  foe  to  a  position  where  I  was  confident 
of  decisive  victory,  when,  in  the  midst  of  the 


DOCUMENTS. 


655 


movement,  while  my  advance-guard  was  actually 
in  contact  with  the  enemy,  I  was  removed  from 
the  command. 

I  am  devoutly  grateful  to  God  that  my  last 
campaign  with  this  brave  army  was  crowned  with 
a  victory  which  saved  the  nation  from  the  great 
est  peril  it  had  then  undergone.  I  have  not  ac 
complished  my  purpose  if,  by  this  report,  the 
army  of  the  Potomac  is  not  placed  high  on  the 
roll  of  the  historic  armies  of  the  world.  Its  deeds 
ennoble  the  nation  to  which  it  belongs.  Always 
ready  for  battle,  always  firm,  steadfast,  and  trust 
worthy,  I  never  called  on  it  in  vain ;  nor  will  the 
nation  ever  have  cause  to  attribute  its  want  of 
success,  under  myself,  or  under  other  command 
ers,  to  any  failure  of  patriotism  or  bravery  in  that 
noble  body  of  American  soldiers. 

No  man  can  justly  charge  upon  any  portion  of 
that  army,  from  the  Commanding  General  to  the 
private,  any  lack  of  devotion  to  the  service  of  the 
United  States  Government,  and  to  the  cause  of 
the  Constitution  and  the  Union.  They  have 
proved  their  fealty  in  much  sorrow,  suffering, 
danger,  and  through  the  very  shadow  of  death. 
Their  comrades  dead  on  all  the  fields  where  we 
fought  have  scarcely  more  claim  to  the  honor  of 
a  nation's  reverence  than  their  survivors  to  the 
justice  of  a  nation's  gratitude. 

I  am,  sir,  very  respectfully,  jour  obedient  serv 
ant,  GEORGE  B.  McCLELLAN, 

Major-General  United  States  Army. 

Brigadier-General  L.  THOMAS, 

Vdjutant-General  United  States  Army. 

WAR  DEPAHTMENT,  1 

ADJUTANT-GENERAL'S  OFFICE.  WASHINGTON,  V 

December  22,  1S68.      ) 

I  certify  that,  the  above  is  a  true  copy  of  the 
original  report  in  file  in  this  office. 

E.  D.  TOWNSEND, 

Assistant  Adjutant-General. 


Doc.  91. 
REMOVAL  OF  GENERAL  McCLELLAN. 

LETTER  FROM  GENERAL  HALLECK  TO  THE  SECRETARY 
OF  WAR. 

THE  following  correspondence  gives  some  of 
the  reasons  which  actuated  the  War  Department 
in  recommending  the  President  to  make  a  change 
in  the  command  of  the  Army  of  the  Potomac: 

HEADQPARTKRS  OF  THE  ARMY,  ) 
WASHINGTON,  October  28,  1862.      f 

Hon.  E.  M.  Stanton,  Secretary  of  War  : 

SIR:  In  reply  to  the  general  interrogatories 
contained  in  your  letter  of  yesterday,  I  have  the 
honor  to  report : 

First.  That  requisitions  for  supplies  to  the 
army  under  General  McClellan  are  made  by  his 
staff-officers  on  the  Chiefs  of  Bureaus  here ;  that 
is,  the  Quartermaster  applies  by  his  Chief  Quar 
termaster  on  Quartermaster-General ;  for  com 
missary  supplies  by  his  Chief  Commissary  on 
Commissary  General,  etc. 

No  such  requisitions  have  been,  to  my  know 
ledge,  made  upon  the  Secretary  of  War,  and  none 


Second.  On  several  occasions,  General  Mc 
Clellan  has  telegraphed  me  that  his  army  was 
deficient  in  certain  supplies.  All  these  telegrams 
were  immediately  referred  to  the  heads  of  bureaus 
with  orders  to  report.  It  was  ascertained  that 
in  every  instance  the  requisitions  have  been  im 
mediately  filled,  except  where  the  Quartermaster- 
General  had  been  obliged  to  send  from  Philadel 
phia  certain  articles  of  clothing,  tents,  etc.,  not 
having  a  full  supply  here. 

There  has  not  been,  so  far  as  I  could  ascertain, 
any  neglect  or  delay,  in  any  department  or  bu 
reau,  in  issuing  all  the  supplies  asked  for  by  Gen 
eral  McClellan,  or  by  the  officers  of  his  staff. 

Delays  have  occasionally  occurred  in  forward 
ing  supplies  by  railroad  on  account  of  the  crowd 
ed  condition  of  the  railroad  depots,  or  of  a  want 
of  a  sufficient  number  of  cars  ;  but,  whenever 
notified  of  this  fact,  agents  have  been  sent  out  to 
remove  the  difficulty  under  the  excellent  super 
intendence  of  General  Haupt.  I  think  those  de 
lays  have  been  less  frequent  and  of  shorter  dura 
tion  than  is  usually  the  case  with  freight  trains. 
An  army  of  the  size  of  that  under  General  Mc 
Clellan  will  frequently  be  for  some  days  without 
the  supplies  it  has  asked  for,  on  account  of  a 
neglect  in  making  timely  requisitions  for  them, 
and  unavoidable  delays  in  forwarding  them  and 
distributing  them  to  the  different  brigades  and 
regiments. 

From  all  the  information  that  I  can  obtain,  I 
am  of  the  opinion  that  the  requisitions  from  that 
army  have  been  filled  more  promptly,  and  that 
the  men,  as  a  general  rule,  have  been  better 
supplied,  than  in  the  case  of  our  armies  operat 
ing  in  the  West.  The  latter  have  operated  at 
much  greater  distances  from  the  sources  of  sup 
plies,  and  have  had  far  less  facilities  for  transport 
ation.  In  fine,  I  believe  that  no  armies  in  the 
world  in  campaigning  have  been  more  promptly 
or  better  supplied  than  ours. 

Third.  Soon  after  the  battle  of  Antietam,  Gen 
eral  McClellan  was  urged  to  give  me  information 
of  his  intended  movements,  in  order  that  if  ho 
moved  between  the  enemy  and  Washington  the 
reinforcements  could  be  sent  from  this  place. 
On  the  first  of  October,  finding  that  he  purposed 
to  operate  from  Harper's  Ferry,  I  urged  him  to 
cross  the  river  at  once  and  give  battle  to  the  en 
emy,  pointing  out  to  him  the  disadvantages  of 
delaying  till  the  autumn  rains  had  swollen  the 
Potomac  and  impaired  the  roads.  On  the  sixth 
of  October  he  was  peremptorily  ordered  to  cross 
the  Potomac  and  give  battle  to  the  enemy,  or 
drive  him  South.  I  said  to  him  :  "  Your  army 
must  move  now,  while  the  roads  are  in  good  con 
dition."  It  will  be  observed  that  three  weeks 
have  elapsed  since  that  order  was  given. 

Fourth.  In  my  opinion  there  has  been  no  such 
want  of  supplies  in  the  army  under  General  Mc 
Clellan  as  to  prevent  his  compliance  with  my  or 
ders  to  advance  upon  the  enemy. 

Had  he  moved  his  army  to  the  south  side  of 
the  Potomac,  he  could  have  received  his  supplies 
almost  as  readily  as  by  remaining  inactive  on  the 
north  side. 


656 


REBELLION  RECORD,  1862-63. 


Fifth.  On  the  seventh  of  October,  in  a  telegram 
in  regard  to  his  intended  movements,  General 
McClellan  stated  that  he  would  require  at  least 
three  days  to  supply  the  first,  fifth,and  sixth  corps ; 
that  they  needed  shoes,  and  other  indispensable 
articles  of  clothing,  as  well  as  shelter-tents.  No 
complaint  was  made  to  me  that  his  army  requisi 
tions  had  not  been  filled,  and  it  was  inferred 
from  his  language  that  he  was  only  waiting  for 
the  distribution  of  his  supplies. 

On  the  eleventh  of  October  he  telegraphed  to 
me  that  a  portion  of  his  supplies  sent  by  railroad 
had  been  delayed.  As  already  stated,  agents 
were  immediately  sent  from  here  to  investigate 
this  complaint,  and  they  reported  that  every  thing 
had  gone  forward  on  the  same  date,  the  eleventh. 

General  McClellan  spoke  of  many  of  his  horses 
being  broken  down  by  fatigue.  On  the  twelfth 
of  October  he  complained  that  the  rate  of  supply 
was  only  one  hundred  and  fifty  horses  per  week 
for  his  entire  army  there  and  in  front  of  Wash 
ington. 

I  immediately  directed  the  Quartermaster-Gen 
eral  to  inquire  into  this  matter,  and  report  why 
a  larger  supply  was  not  furnished  to  General  Mc 
Clellan. 

General  Meigs  reported  to  me,  on  the  four 
teenth  of  October,  that  the  average  issue  of  horses 
to  General  McClellan's  army  in  the  field  and  in 
front  of  Washington,  for  the  previous  six  weeks, 
had  been  one  thousand  four  hundred  and  fifty- 
nine  per  week,  or  eight  thousand  seven  hundred 
and  fifty-four  in  all. 

In  addition,  he  reported  to  me  that  a  large 
number  of  mules  had  been  supplied,  and  that  the 
number  of  these  animals  with  General  McClellan's 
army  on  the  Upper  Potomac  was  over  three  thou 
sand  one  hundred. 

He  also  reported  to  me  that  he  was  then  send 
ing  that  army  all  the  horses  he  could  procure. 

On  the  eighteenth  of  October,  General  Mc 
Clellan  stated,  in  regard  to  General  Meigs' s  re 
port,  that  he  had  filled  every  requisition  for  shoes 
and  clothing  :  "  General  Meigs  may  have  ordered 
these  articles  to  be  forwarded ;  but  they  might 
as  well  remain  in  New- York  or  Philadelphia,  so 
far  as  my  army  is  concerned."  I  immediately 
called  General  Meigs's  attention  to  this  apparent 
neglect  of  his  department. 

On  the  twenty -fifth  of  October,  he  reported  as 
the  result  of  his  investigation  that  four  thousand 
eight  hundred  pairs  of  boots  and  shoes  had  been 
received  by  the  quartermaster  of  McClellan's 
army  at  Harper's  Ferry,  Frederick,  and  Hagers- 
town.  Twenty  thousand  pairs  were  at  Harper's 
Ferry  depot  on  the  twenty-first,  and  that  ten 
thousand  more  were  on  their  way,  and  fifteen 
thousand  more  had  been  ordered. 

Colonel  Ingalls,  aid-de-camp  and  chief  of  staff 
to  General  McClellan,  telegraphed  on  the  twenty- 
fifth  as  follows :  "  The  suffering  for  want  of 
clothing  is  exaggerated,  I  think,  and  certainly 
might  have  been  avoided  by  timely  requisitions 
by  the  regimental  and  brigade  commanders." 
On  the  twenty-fourth  of  October  he  telegraphed 
to  Quartermaster-General  Meigs  that  the  clothing 


was  not  detained  in  the  cars  at  the  dep6ts.  "  Such 
complaints  are  groundless.  The  feet  is  the  cloth 
ing  arrives  and  is  issued,  but  more  is  still  want 
ed.  I  have  ordered  more  than  would  seem  neces 
sary  from  any  data  furnished  me,  and  I  beg  to 
remind  you  that  you  have  always  very  promptly 
met  my  requisitions.  As  far  as  clothing  is  con 
cerned,  our  department  is  not  at  fault.  It  pro 
vides  as  soon  as  due  notice  is  given.  I  can  fore 
see  no  time  when  an  army  of  over  one  hundred 
thousand  men  will  not  call  for  clothing  and  other 
articles." 

In  regard  to  General  McClellan's  means  of 
promptly  communicating  the  wants  of  his  army 
to  me,  or  to  the  proper  bureaus  of  the  War  De 
partment,  I  report,  that,  in  addition  to  the  or 
dinary  mails,  he  has  been  in  hourly  communica 
tion  with  Washington  by  telegraph. 

It  is  due  to  General  Meigs  that  I  should  sub 
mit  herewith  a  copy  of  a  telegram  received  by 
him  from  General  McClellan. 

Very  respectfully,  your  obedient  servant, 
H.  W.  HALLECK, 

General-in-Chief. 

FROM  MCCLELLAN'S  HEADQUARTERS — TO  BRIGADIER- 
GENERAL  MEIGS. 

Your  despatch  of  this  date  is  received.  I  have 
never  intended,  in  any  letter  or  despatch,  to  make 
any  accusation  against  yourself  or  your  Depart 
ment  for  not  furnishing  or  forwarding  clothing  as 
rapidly  as  it  was  possible  for  you  to  do  so.  I 
believe  every  thing  has  been  done  that  could  be 
done  in  this  respect.  The  idea  that  I  have  tried 
to  convey  was  that  certain  portions  of  the  com 
mand  were  without  clothing,  and  that  the  army 
would  not  move  until  it  was  supplied. 

G.  B.  MCCLELLAN, 

Major-General. 


Doc.  92. 
CONTEST  ON  THE    RAPPAHANNOCK.* 

WASHINGTON,  D.  C.,  August  24, 1862. 

I  HAVE  just  returned  from  the  lines  of  our  army 
on  the  Rappahannock,  and  bring  particulars  of 
the  progress  of  affairs  up  to  Saturday  afternoon. 

By  Wednesday  noon  the  retreat  of  our  army  from 
the  Rapidan  to  the  Rappahannock  had  brought  it 
to  the  banks  of  the  latter  river,  and  the  rear-guard, 
composed  in  part  of  General  Hatch's  brigade  of 
cavalry,  were  just  at  Brandy  Station  (the  first 
on  the  railroad  beyond  Rappahannock  Bridge) 
when  the  head  of  the  rebel  pursuing  columns  first 
came  in  sight.  Throughout  the  whole  march  from 
Culpeper  to  this  point,  the  enemy  were  following 
closely  upon  the  heels  of  our  forces,  their  advance- 
guard  being  but  a  short  distance  behind  our  rear, 
and  their  main  body  only  some  six  or  eight  miles 
off.  At  this  insignificant  little  railroad  station, 
then,  the  grand  armies  of  Pope  and  Lee  first  got 
sight  of  each  other,  and  a  conflict  immediately  en. 
sued.  Our  rear-guard,  supposing  that  the  rebel 
force  was  a  mere  skirmishing  party  sent  in  advance^ 

*  See  page  842,  Docs.,  Vol.  V. 


\ 


DOCUMENTS. 


657 


and  wishing  to  check  such  presumptuous  recon 
noitring,  turned  upon  it,  and  the  order  to  charge  was 
given.  Immediately  the  three  cavalry  regiments  of 
Hatch's  brigade — the  "Harris  Light,"  First  Penn 
sylvania,  and  First  New-Jersey — formed  in  line  of 
battle  and  swept  forward  with  tremendous  cheers ; 
but  coming  suddenly  upon  a  broad  and  deep  ditch, 
they  were  compelled  to  draw  rein,  and  at  the  in 
stant  a  large  force  of  rebel  infantry  rose  from  cover 
and  poured  a  heavy  volley  into  the  ranks,  which 
emptied  many  saddles  and  threw  our  squadrons 
into  confusion.  The  line  gave  way  at  the  centre, 
but  the  wings  wavering  and  showing  a  disposi 
tion  to  hold  their  ground,  another  volley  was  pour 
ed  into  them  by  the  enemy,  and  our  whole  force 
then  rapidly  retreated  to  the  Rappahannock  River. 
The  rebel  forces  followed  hotly  after  ;  but  at  the 
moment  when  they  thought  they  had  driven  us 
pell-mell  over  the  river,  and  the  capture  of  the 
railroad  bridge  must  be  an  easy  affair,  the  fire 
of  two  batteries  —  Matthews's  Pennsylvania  and 
Thompson's  Maryland — was  poured  into  their 
faces  with  terrific  effect.  Their  impulsive  advance 
was  checked  in  the  instant,  and  the  exultant  yells 
died  upon  their  lips.  In  haste  they  retired  from 
the  exposed  situation  where  they  stood  to  the 
cover  of  a  thick  wood,  which  skirted  the  level 
plain  at  a  distance  of  a  half-mile  from  the  river. 
Their  pieces  not  having  been  brought  forward, 
they'  could  not  reply  to  our  fire,  so  their  column 
moved  to  the  left,  under  cover  of  the  woods,  with 
the  view  of  flanking  us  by  effecting  a  crossing  at 
one  of  the  fords  between  Rappahannock  Bridge 
and  the  Warrenton  White  Sulphur  Springs. 
Their  design,  having  been  anticipated,  was  baffled 
by  General  Pope,  who  pushed  his  column  a  cor 
responding  distance  along  the  north  bank  of  the 
river,  and  guarded  each  ford  with  three  batteries 
to  command  it  in  front  and  from  cither  side.  The 
two  armies  were  kept  thus  moving  all  Thursday, 
each  of  the  two  able  players  at  this  grand  game 
of  war  seeking  to  checkmate  his  antagonist  with 
out  bringing  on  a  serious  engagement  before  his 
forces  were  fully  massed.  An  attempt  was  made 
down  at  Kelly's  Ford — on  the  left  of  our  line — to 
cross,  and  turn  our  position,  but  this  was  effect 
ually  foiled  by  General  Reno,  who  showed  no 
force  until  he  had  lured  the  enemy  into  the  place 
he  desired,  and  then  suddenly  opened  fire  with 
his  batteries,  and  then  followed  it  up  with  a  cav 
alry  charge,  which  put  the  foe  to  flight,  and  de 
termined  him  to  make  no  more  attempts  that  day 
to  cross  at  Kelly's  Ford. 

Friday  morning  came,  and  with  it  a  sharp  can 
nonade  along  the  whole  line,  from  Kelly's  Ford 
(Reno's  position)  to  Barnett's  Ford,  which  was 
defended  by  Sigel.  The  first  gun  was  fired  at  five 
o'clock  at  our  centre,  and  answered  by  McDowell's 
batteries  ;  but  the  answering  echoes  of  the  Blue 
Ridge  had  hardly  sent  back  the  peals  of  ordnance 
before  Sigel  was  also  attacked,  and  from  that  un 
til  dusk  the  cannonade  was  almost  incessant.  The 
fact  was  that  the  main  body  of  the  enemy  had 
come  up,  and,  in  advance  of  choosing  their  final 
position,  they  were  feeling  us  all  along  the  line. 
At  Barnett's  Ford,  however,  their  attack  was  most 


determined,  as  that  point  was,  of  all  along  the 
river,  the  most  favorable  for  their  designs.  But 
the  gallant  corps  of  Sigel  did  not  come  short  of 
its  duty  one  iota,  for  their  batteries  played  upon 
the  rebel  batteries  all  day  long,  and  even  after 
nightfall,  worn  out  and  fatigued  as  men  and 
horses  were,  they  kept  up  the  fight  until  the  en 
emy  drew  off. 

In  the  morning,  Banks  had  occupied  a  position 
to  the*  left  of  McDowell,  but  when  it  became  ap 
parent  that  the  attack  upon  Sigel  would  be  the 
main  feature  of  the  day,  his  corps  was  moved  up 
to  the  right  to  support  Sigel,  and  Reno's  division 
was  marched  from  Kelly's  Ford  to  a  point  above 
Rappahannock  Railroad  Bridge,  near  General 
Pope's  headquarters.  The  Fifty-first  New-York 
was,  however,  left  to  guard  the  ford,  much  to 
Lieutenant-Colonel  Potter's  disgust,  who  longed 
to  lead  his  men  into  the  thickest  of  the  fight,  as 
usual. 

All  day  Friday  General  Pope's  headquarters 
were  on  a  bold  hill,  whence  a  tolerable  view  could 
be  had  of  the  line  of  battle,  which  stretched  for 
eight  or  ten  miles  along  the  Rappahannock,  and 
hither  came  and  thence  went  mounted  aids  and 
orderlies  in  hot  haste,  with  reports  and  orders, 
verbal  and  written.  The  hill-top  was  shaded  by 
a  group  of  large  oaks,  under  whose  branches  I 
saw  at  one  time  clustered  several  generals  anil 
general  staffs. 

When  the  artillery  attack  on  Sigel  had  lulled  a 
little  the  brave  General  determined  to  feel  the 
rebel  strength  opposite  his  position.  Accordingly 
he  ordered  General  Carl  Schurz  to  reconnoitre 
with  his  division,  and,  if  possible,  to  cross  the 
river.  Schurz's  division  comprises  two  brigades, 
of  which  he  took  only  the  first,  General  Bohlen, 
for  the  reconnoissance.  The  Seventy-fourth 
Pennsylvania  was  sent  over  first,  the  men  wad 
ing  breast-deep  through  the  water,  holding  their 
pieces  and  ammunition  above  their  heads  to  keep 
them  dry.  The  Eighth  Virginia  and  Sixty-first 
Ohio  followed  after,  and  some  time  after  McLean's 
brigade  was  sent  to  support  them  in  their  engage 
ment  with  the  enemy. 

Schurz's  crossing  was  unopposed.  He  kept  on 
up  the  opposite  bank,  and  out  upon  the  level 
ground,  and  went  more  than  a  mile  before  his 
pickets  came  face  to  face  with  the  enemy's.  As 
soon  as  our  fellows  saw  the  u  gray-backs,"  they 
fired,  but  the  rebels,  instead  of  standing  ground, 
or  making  a  show  of  force,  fell  back,  in  no  very 
leisurely  manner  either,  for  half  a  mile.  Sigel 
followed  awhile,  until  it  was  evident  that  they 
wished  to  entrap  him  into  an  ambush,  when  he 
halted  and  took  up  a  fine  position  in  the  edge  of 
some  heavy  timber,  the  approaches  to  which  were 
over  open  fields.  Their  design  foiled,  the  enemy 
had  no  choice  but  to  face  about  and  attack  Schurz 
in  his  own  position,  which  they  did  in  force.  One 
of  the  officers  who  was  wounded  in  this  fight  tells 
me  that  he  counted  twenty-five  pieces  of  ord 
nance  on  their  side  which  were  in  action  at  once, 
supported  by  adequate  forces  of  infantry  and 
cavalry. 

The  fight  on  this  trans-Rappahannock   field 


658 


REBELLION  RECORD,    1862-63 


was  hotly  contested — as  you  may  well  imagine 
from  the  fact   that  it  commenced  at  about  nine 
A.M.,  and  lasted  until  six  o'clock  in  the  evening 
Charges  were  repeatedly  made  by  both  sides,  and 
the  rebels,  seemingly  determined  to  conquer  in 
spite  of  every  obstacle,   even  stripped  to  their  1 
pantaloons  in  many  cases,  as  our  Irishmen  are 
said  to  have  -done  at  Bull  Run.     But  although  j 
the  musketry  was  sharp,  and  the  fighting  mostly  i 
at  short  range,  the  rebels  seemed  to  have  forgot-  i 
ten  their  marksmanship  for  once,  for  up  to  five  | 
o'clock,  when   I  passed  that  way,  Sigel  had  not 
lost  above  fifty  or  sixty  in  killed  and  wounded. 
But  one  brave  man  and  true  patriot  had  gone  to 
his  account — Brigadier-General  Bohlen  of  Phila 
delphia,  commanding  the  First  brigade,  Third  di 
vision,    Sigel's  army  corps,  had  fallen,  while  at 
the  head  of  his  command ;    he  was  waving  his 
sword  and  cheering  on  his  men.     The  news  of 
his  death  will  be  received  with  the  deepest  re 
gret  in  Philadelphia,  where  his  social  qualities 
are  so  well  known.     Besides  him,  a  few  officers, 
very  few  considering  the  number  engaged  and 
the   stubbornness  of  the   fight,   were  killed  or 
wounded,  but  except  those  in  the  list  annexed,  I 
could  not  obtain  their  names  in  the  confusion  of 
the  fight. 

Toward  evening,  Sigel's  object  having  been  ac 
complished,  and  Schurz's  force  not  being  suffi 
cient  to  hold  his  extremely  advanced  position, 
our  troops  were  withdrawn  to  the  north  bank  of 
the  river.  They  were  hotly  pursued  to  the  very 
water's  edge  by  the  enemy,  and  during  the  pas 
sage  through  the  ford  the  rebel  volle}^  were  as 
sharp  as  any  I  ever  heard.  All  of  our'killed  and 
wounded  were  brought  safely  across,  and  a  small 
number  of  prisoners,  (not  five  whole  regiments, 
as  one  report  has  it.)  That  General  Sigel  should 
have  come  safely  through  the  day  himself  is 
truly  remarkable,  for  he  exposed  himself  in  the  i 
most  reckless  manner  wherever  he  thought  it  j 
necessary  to  do  so,  and  in  the  final  grand  fusil- 
ade  he  was  in  the  midst  of  a  real  storm  of  bullets. 

With  night  came  a  cessation  of  hostilities. 
The  enemy  had  been  foiled  in  his  attempt  to 
flank  us,  and  we  had  gained  another  day — worth 
every  thing  to  our  army  and  the  nation. 

On  Saturday  there  was  an  artillery  duel  all 
along  the  opposing  lines.  The  ball  was  opened 
at  our  centre,  and  the  firing  extended  not  only 
up  the  river  toward  Sigel,  but  down  toward  the 
railroad  bridge,  where  we  occupied  two  hills 
across  the  river.  It  had  been  raining  the  even 
ing  before  and  almost  all  night,  and  the  red 
waters  of  the  Rappahannock  had  so  swollen  as  to 
carry  away  the  bridge  above  Barnett's  Ford,  and 
the  debris  lodged  against  the  lower  one  in  such 
masses  that  there  was  great  danger  of  its  being 
carried  away.  Our  advanced  position  had  be 
come  very  insecure,  and  it  was  accordingly  de 
termined  to  abandon  it.  The  movement  was  ex 
ecuted  in  perfect  order.  Matthews's  and  Thomp 
son's  batteries,  supported  by  the  Twelfth  and 
Thirteenth  Massachusetts,  and  Eleventh  Penn 
sylvania,  were  safely  withdrawn  to  this  side  of 
the  river,  while  a  company  of  Pennsylvania  rifle- 


men  and  a  section  of  Matthews's  guns  held  the 
position  until  the  last  man  and  last  gun  was 
safely  brought  over.  New  positions  were  taken 
on  this  side,  from  which  the  old  ones  could  be 
enfiladed,  and  on  the  rebels  appearing  in  strong 
force,  a  terrific  cannonade  was  opened  upon  them 
by  Matthews's,  Hall's,  Thompson's,  and  Leppier's 
batteries  of  Ricketts's  division,  which  caused 
great  loss  to  the  enemy.  Every  attempt  to  plant 
a  battery  on  the  abandoned  eminences  was  re 
pulsed  with  great  slaughter,  and  the  enemy 
were  fairly  driven  back  to  the  woods  when  I  left 
the  ground. 

As  on  Thursday  and  Friday,  so  on  Saturday, 
the  enemy  kept  working  up  toward  Warrenton 
White  Sulphur  Springs,  on  the  south  side  of  the 
Rappahannock,  with  the  view  of  flanking  us, 
and  we  moved  further  and  further  away  from 
the  railroad,  to  baffle  their  design.  As  on  pre 
ceding  days,  so  on  Saturday,  the  grand  artillery 
duel  went  on  from  right  to  left  and  left  to  right ; 
the  cannonade  being  heavier  now  at  McDowell's 
position,  now  at  Sigel's,  now  at  Banks's.  We 
were  guarding,  and  successfully  guarding,  the 
whole  river  bank,  and  all  the  fords  from  Kelly's 
to  Warrenton,  and  the  enemy,  with  an  army  of 
one  hundred  thousand  to  one  hundred  and  fifty 
thousand,  had  been  held  in  check  by  Pope  with 
a  much  inferior  numerical  force.  Their  great 
game  was  to  turn  our  position,  take  us  in  rear, 
whip  us,  and  then  rush  on  with  streaming  flags 
to  Washington.  Ours  the  desperate  task  of 
showing  fight,  and  yet  not  fighting,  of  playing 
with  our  monstrous  antagonist  until  he  lost  his 
golden  time,  and  until  our  reinforcements  from 
Fredericksburgh,  the  Peninsula,  and  the  North 
would  so  strengthen  us  that  we  could  crush  his 
armies  and  capture  his  capital.  If  we  could 
save  ourselves  until  Saturday  night,  we  would 
be  safe.  And  the  greatest  crisis  of  this  war  oc 
curred  between  Thursday  morning  and  Saturday 
night.  It  is  passed,  and  we  are  safe.  Washington 
is  safe,  our  army  is  safe,  the  nation  is  safe.  For 
Pope's  artillery  is  now  guarding  the  line  of  the 
Rappahannock,  and  Fitz-John  Porter,  with  a 
very  heavy  force,  joined  Pope  on  Friday  evening, 
and  a  host  of  regiments  have  joined  and  are  join 
ing  him  now,  by  way  of  Alexandria.  And  now 
look  for  the  grand  movements  of  the  war  within 
thirty  days.  Do  not  forget  that  Burnside  has 
massed  a  large  army  at  Fredericksburgh,  and 
Pope  is  nearly  or  quite  as  strong  as  Lee  and 
Jackson,  and  McOlellan  is  freed  from  the  net 
which — whether  self-woven  or  not — held  him  in 
its  meshes  on  the  Peninsula. 

General  Pope's  position  at  the  railway  bridge 
across  the  Rappahannock — the  position  deemed 
to  be  of  greatest  strength  along  the  river — was 
attacked  in  force  on  Saturday  morning.  The  hill, 
redoubt,  and  block-house,  on  the  southern  bank, 
had  been  held  up  to  that  time  by  a  portion  of 
General  Hartsuffs  brigade,  the  Twelfth  and  Thir 
teenth  Massachusetts,  and  two  batteries  of  artil 
lery.  The  bridge  had  not  been  destroyed — was 
considered  impregnable.  But  with  the  swelling 
stream  came  down  so  much  timber  that  the  bridge 


DOCUMENTS. 


659 


was  endangered.  General  Pope  therefore  deter 
mined  to  \vithdraw  his  forces  on  the  opposite 
bank  and  destroy  the  bridge.  The  movement 
was  accomplished  in  order  and  without  loss,  and 
the  bridge  was  burnt.  But  the  position  which 
was  thus  abandoned  was  valuable,  to  the  enemy 
not  less  than  to  us,  and  when  its  evacuation  was 
discovered,  the  rebels  immediately  advanced  in 
force  to  occupy  it. 

The  whole  staff-train  of  General  Pope  has  been 
captured  at  Catlett's  Station.  This  information 
at  least  is  authentic.  My  account  is  from  a 
Quartermaster's  clerk  who  arrived  here  last  night, 
and  was  with  the  train  when  it  was  attacked. 
His  statement  is  in  substance  as  follows : 

General  Pope  on  Friday  sent  back  his  train, 
which  mustered  fifty-three  wagons,  to  Catlett's, 
a  station  on  the  railway  about  two  miles  this  side 
of  Warrenton  Junction,  and  at  least  twelve  miles 
to  the  rear  of  the  army.  The  tents  were  pitched 
and  the  wagons  in  park.  About  eight  o'clock  Fri 
day  evening,  Mr.  Brown  was  lying  in  his  tent  with 
a  light  burning.  He  was  roused  by  a  volley  of 
musketry  and  the  sound  of  cavalry  charging. 
The  camp  had  a  guard  of  infantry,  its  usual  es 
cort,  whose  muskets  were  in  the  wagons !  and 
was  protected  also  by  four  companies  of  the  Buck- 
tail  Rifles,  under  Lieutenant-Colonel  Kane.  There 
were  no  pickets,  not  even  a  sentry.  The  first  no 
tice  of  the  approach  of  the  rebels  was  the  volley 
of  musketry. 

The  infantry  escort  ran  at  once.  The  Buck- 
tails,  surprised,  but  not  wholly  unarmed  like  the 
others,  scattered  at  the  first  fire,  but  rallied  be 
yond  the  camp.  The  rebel  cavalry  poured  in  un 
opposed,  took  complete  possession  of  the  camp, 
pillaged  and  plundered  its  personal  effects,  car- 
nod  oil'  the  contents  of  all  the  trunks  of  General 
Pope  and  all  his  staff,  and  took  with  them  on 
their  retreat  all  the  horses  of  the  train,  about 
two  hundred,  and  also  those  belonging  to  the 
staff  which  were  not  in  the  field  at  the  time. 
Some  officers  were  in  the  camp,  but  General  Pope 
and  most  of  his  staff  were  in  ft-ont,  twelve  miles 
away. 

Colonel  Clary,  Chief  Quartermaster,  and  Cap 
tain  Goulding,  Assistant  Quartermaster,  were 
both  there  in  charge  of  the  property.  Both  were 
thought  to  have  been  captured,  but  Colonel  Clary 
returned  on  Saturday  morning.  Captain  Gould- 
ing  has  not  since  been  seen  or  heard  of  at  the 
station,  and,  unless  he  went  to  the  front,  is  pro 
bably  captured.  One  account  says  that  he  was 
shot ;  but  there  is  no  confirmation  of  that  report. 
Colonel  Butler,  Aid-de-Camp  to  General  Pope, 
came  out  of  his  tent  with  a  brace  of  revolvers, 
and  did  not  retreat  till  he  had  fired  twelve  shots, 
then  got  off  safely. 

The  Bucktails  were  finally  rallied  by  Colonel 
Kane,  and  drove  back  the  rebel  cavalry,  regain- 
*ng  possession  of  the  plundered  camp.  The  reb 
els  seem  to  have  had  full  time  to  carry  away  its 
spoils.  They  knew  that  it  was  General  Pope's, 
for  they  were  heard  to  ask  repeatedly,  "Where 
is  the  General  ?"  and  they  neglected  every  thing 
else  to  plunder  the  trunks.  They  got  also  the 


papers  and  money  in  all  the  offices,  the  Adjutant- 
General's  and  the  Quartermaster's.  There  were 
seven  thousand  dollars  or  eight  thousand  dollars 
in  Captain  Goulding's  safe — all  lost.  Papers  of 
the  utmost  importance  must  have  been  found 
among  General  Pope's  effects,  and  in  the  Adju 
tant-General's  desks  —  the  muster-rolls  of  the 
army,  for  instance. 

For  these  papers,  for  the  money,  and  for  the 
plunder  of  a  Major-General's  baggage,  the  rebel 
raid  was  doubtless  partly  directed,  but  it  must 
also  have  been  meant  to  destroy  the  railway 
bridge  near  Catlett's,  over  Cedar  Run,  a  stream 
now  so  swollen  that  it  cannot  be  forded.  The 
rally  of  the  Bucktails  drove  them  off  while  they 
were  plundering,  and  the  delay  saved  the  bridge. 
There  were  four  regiments  of  cavalry,  as  was 
learned  from  a  Lieutenant  taken  prisoner.  Sev 
eral  men  in  the  camp  were  killed  and  wounded, 
and  nearly  all  the  teamsters  were  captured.  Pro 
bably  the  whole  might  have  been  saved  and  the 
attack  repulsed  if  there  had-  been  pickets,  or  even 
sentries  about  the  camp.  But  there  has  not  been 
a  guard  mounting  at  headquarters  since  General 
Pope  took  the  field — a  piece  of  carelessness  for 
which  he  has  paid  a  heavy  penalty. 

This  raid  was  by  the  way  of  Warrenton  Springs. 
Four  regiments  of  cavalry  have  succeeded  in  turn 
ing  the  right  flank  of  General  Pope's  army  and 
dashing  in  upon  his  trains  twelve  miles  to  the 
rear,  and  an  equal  distance  within  his  lines  from 
their  extremity.  I  have  no  wish  to  excite  un 
reasonable  alarm,  but  I  think  I  ought  to  say  that 
such  a  movement  is  significant  of  far  more  im 
portant  results  than  the  plunder  of  a  camp.  I 
know  that  General  Pope  considered  his  right  out 
of  danger  on  Thursday.  A  movement  then  made 
by  General  Sigel  is  conclusive  evidence  of  that. 
Subsequent  dispositions  of  his  force  may  have 
anticipated  the  consequences  of  previous  expo 
sure.  At  least,  he  must  have  become  convinced 
that  his  right  flank  cannot  longer  be  left  to  take 
care  of  itself. 

I  repeat  none  of  the  rumors  that  are  flying  all 
over  the  city,  but  there  can  be  no  doubt  that 
fighting  has  been  going  on  for  two  days,  certainly 
severe  at  some  points,  and  over  such  an  extent 
of  ground  as  to  excite  a  fear  that  somewhere  the 
rebels  may  have  had  a  success.  But,  from  all  I 
can  learn,  I  believe  it  to  be  true  that  up  to  last 
night  General  Pope  still  held  the  Rappahannock 
line  unbroken.  I  trust  we  may  hear  no  news 
from  the  Shenandoah.  If  not,  and  if  the  right 
of  General  Pope  has  been  made  secure,  I  see  no 
reason  for  apprehension.  The  rebels  are  making 
desperate  efforts,  but  if  affairs  stand  as  well  as 
on  Thursday — and  in  some  respects  they  must 
be  better — the  position  of  our  forces  ought  to  be 
impregnable. 

All  the  private  papers  and  letters  of  General 
Pope,  copies  of  despatches  and  reports,  memo 
randa  relating  to  the  campaign  and  to  the  army, 
copies  of  telegrams  sent,  all  despatches  received 
from  the  President,  Halleck,  and  the  War  Depart 
ment,  orders  issued  to  Generals  of  corps  and  di 
visions,  all  maps  and  topographical  charts,  con- 


660 


REBELLION  RECORD,  1862-63. 


taining  information  of  the  greatest  value ;  in  i 
word,  the  whole  history  and  plan  of  the  cam 
paign,  the  numbers  and  disposition  of  troops,  al 
are  revealed  to  the  enemy  by  the  above  disaster 
Its  seriousness  can  hardly  be  estimated.  It  if 
taking  the  rebel  general  into  the  confidence  o: 
Halleck,  and  may  render  it  necessary  to  change 
the  whole  campaign. 

A  REBEL  DIARY  AND  ACCOUNT. 

August  20,  1862. — Army  crossed  the  Rapidan, 
the  water  thigh-deep.  Scene  exciting  and  amus 
ing.  Nearly  whole  day  thus  occupied. 

August  21. — The  enemy  in  close  proximity, 
and  we  have  to  move  cautiously.  Longstreet's 
corps  is  in  the  front.  From  a  hill  on  the  other  side 
of  the  Rapidan  we  have  a  magnificent  view  for 
miles.  Three  columns  —  long,  black,  winding 
lines  of  men,  their  muskets  gleaming  in  the  sun 
shine  like  silver  spears — are  in  sight,  moving  in 
the  direction  of  Fredericksburgh  or  down  the  op 
posite  bank  of  the  river.  More  skirmishing  in 
front.  Good  many  stragglers  by  the  wayside, 
but  they  are  generally  broken-down  soldiers,  and 
trudge  slowly  along  in  the  tracks  of  their  com 
rades.  An  attractive  part  of  the  procession  is  the 
baggage-trains,  wending  their  way  in  the  rear  of 
the  army.  Thousands  of  wagons  are  in  sight, 
and,  between  the  stalling  of  trains,  the  shouting 
of  drivers,  and  the  chaotic  confusion  which  eman 
ates  from  the  motley  mass,  no  man  can  complain 
of  the  ennui  of  a  march. 

Nothing  can  be  more  picturesquely  beautiful 
than  the  bivouac  at  night.  Thousands  of  troops 
line  the  woods  on  both  sides  of  the7  road  for  miles. 
Camp-fires  are  glimmering  in  the  trees,  muskets 
are  stacked  along  the  edge  of  the  forest,  and  the 
men  are  disposed  in  every  conceivable  manner. 
Some  are  rolled  up  in  their  blankets,  and  already 
dreaming  away  the  fatigues  of  the  day ;  some  are 
sitting  around  the  camp-fires,  watching  the  roast 
ing  ears  and  discussing  the  "  coming  events  which 
cast  their  shadows  before,"  and  some  are  among 
the  trees,  moving  to  and  fro  in  the  gray  film  of 
smoke  that  has  arisen  from  the  myriad  fires  and 
rests  upon  the  earth.  Between  the  dusty  figures 
of  the  soldiers,  the  various  occupations  in  which 
they  are  engaged,  the  road  filled  with  wagons  and 
guns,  the  appearance  of  the  illuminated  trees  and 
bushes,  forming  against  the  deep  gloom  of  the 
night  a  fantastic  background,  and  all  the  details 
combined  with  the  almost  unnatural  beauty,  the 
spectacle  resembles  one  vast  embroidered  trans 
parency  that  has  been  worked  by  goblin  hands. 
Art,  with  her  most  opulent  tents  and  fixtures, 
arrayed  in  her  richest  trappings,  can  never  hope 
to  equal  those  of  the  curious  and  careless  efforts 
of  nature.  We  live  on  what  we  can  get — now 
and  then  an  ear  of  corn,  fried  green  apples,  or  a 
bit  of  ham  broiled  on  a  stick,  but  quite  as  fre 
quently  do  without  either  from  morning  until 
night.  We  sleep  on  the  ground  without  any  other 
covering  than  a  blanket,  and  consider  ourselves 
fortunate  if  we  are  not  frozen  stiff  before  morn 
ing.  The  nights  are  both  damp  and  cold. 

August  22. — To-day,  another  busy  scene.    The 


army  resumed  its  march  at  daylight,  Long- 
street's  twelve  brigades  moving  toward  the  Poto 
mac  on  the  right,  and  Jackson  on  the  left.  The 
latter  passed  the  Rapidan  Station  on  the  Virginia 
Central  Railroad,  and  is  pressing  on  north-east 
of  Culpeper.  Several  small  skirmishes  have  taken 
place  on  the  front,  and  eighty  or  ninety  pris 
oners  went  by  on  their  way  to  the  rear.  Among 
the  Yankees  captured  by  Jackson  were  two  men, 
who,  as  soon  as  they  fell  into  our  hands,  com 
menced  to  ask  after  their  old  comrades  in  an  ar 
tillery  company.  An  inquiry  being  instituted, 
they  confessed  that  eight  months  ago  they  were 
soldiers  in  our  army,  but  that  being  tired  of  serv 
ice  they  had  deserted,  and  joined  the  ranks  of  the 
enemy.  Without  further  ado  the  General  ordered 
them  to  be  hung  to  a  tree,  which  was  done  in  the 
presence  of  a  large  portion  of  his  army. 

In  Longstreet's  division  there  has  also  been  ac 
tive  work.  The  enemy  several  times  attempted 
to  check  our  advance,  but  were  signally  repulsed. 
Pickett's,  Wilcox's,  and  Pry  or' s  brigades  were 
severally  engaged  at  different  periods  of  the  day, 
and  lost  a  few  men  killed  and  wounded.  At 
Mountain  Run,  a  small  branch  which  joins  the 
Rappahannock,  a  Federal  battery  of  six  pieces 
commenced  this  afternoon  to  throw  shells  by  way 
of  diversion,  but  were  promptly  engaged  by  the 
Donaldson ville  battery,  (Louisiana,)  Captain  Mora, 
and  soon  after  retired.  In  this  affair  General  Ro 
ger  A.  Pry  or  had  a  narrow  escape.  While  sitf.ig 
on  a  fence  by  the  roadside,  a  shell  burst  immedi 
ately  over  his  head,  and  the  fragments  dashed 
into  the  ground  around  him  on  every  side,  but, 
fortunately,  without  doing  injury.  As  he  wears 
a  high  felt  hat,  and  was  plainly  in  sight  of  the  ar 
tillerists,  the  presumption  is  that  he  was  made 
their  mark.  General  Wilcox  likewise  received 
similar  attentions.  He  was  riding  in  advance  of 
the  army,  attended  by  a  single  trooper,  when  the 
latter  discovered  one  of  the  Yankee  pickets  peep 
ing  over  the  top  of  a  boulder.  "Shall  I  briii- 
him  down?"  said  the  soldier;  "No,"  replied  the 
General,  "better  not  waste  your  powder,  the  dis 
tance  is  too  great."  Hardly  were  the  words  out 
of  his  mouth  before — "whiz"— a  Minie  ball  flew 
within  three  inches  of  the  General's  ear,  and 
odged  in  the  bank  behind  him.  Subsequently 
he  was  wounded  in  the  arm. 

Among  the  incidents  of  the  day  which  have 
ept  the  men  in  good  humor,  and  eager  for  a  fight, 
was  a  charge  by  a  regiment  of  cavalry  upon  two 
companies  of  the  Twelfth  Mississippi  regiment. 
Thinking  they  had  the  confederates  surrounded, 
;he  Yankee  colonel  demanded  a  surrender.  "  Sur- 
^ender  be  —  — ,"  was  the  response,  "  Missis- 
ippians  don't  know  how."  In  a  moment  more 
,he  cavalry  were  dashing  forward  at  full  speed. 
Our  men  allowed  them  to  come  within  short  range, 
and  then  opened.  Thirty  or  forty  saddles  were 
emptied  in  less  time  than  you  can  tell  it,  and, 
without  waiting  for  a  repetition  of  the  dose,  the 
'egiment  took  to  its  heels,  and,  amid  the  cheers 
ind  jeers  of  the  boys,  got  out  of  sight  in  the  rno.it 
ndustrious  manner  possible. 

Tc-day  has  been  further  signalized  by  the  hang- 


DOCUMENTS. 


661 


ing  of  a  spy  —  a  man  named  Charles  Mason,  of 
Perrysville,  Pennsylvania.  It  appears  that  as  one 
of  the  couriers  of  General  Long-street  was  carry 
ing  an  order,  he  was  met  by  this  man,  who  in 
quired  :  "  Whose  division  do  you  belong  to  ?" 
"  Longstreet's."  The  courier  then  asked  :  "  Whose 
division  do  you  belong  to  ?"  "Jackson's,"  was  the 
reply.  A  gray  confederate  uniform  favored  this 
idea,  and  a  conversation  ensued.  As  the  two  trav 
elled  together  the  courier  observed  that  there 
was  a  disposition  on  the  part  of  his  companion  to 
drop  behind,  and  finally  he  was  astonished  by  a 
pistol  presented  to  his  breast,  arid  a  demand  for 
the  delivery  of  the  papers  he  carried  in  his  belt. 
Having  no  other  resource,  the  latter  surrendered 
the  documents,  when  the  spy  deliberately  shot 
him  in  the  back  and  ran.  Soon  afterward  the 
courier  was  found  by  some  of  his  friends,  and  nar 
rated  the  particulars  of  the  affair,  describing  the 
man  so  minutely  that,  when  subsequently  arrest 
ed,  he  was  known  beyond  a  peradventure.  He 
had,  for  instance,  two  defective  front  teeth,  was 
a  pale-faced,  determined-looking,  and  quick-spo 
ken  person. 

A  search  was  at  once  instituted,  but  fortunate 
ly  he  fell  into  our  hands  by  his  own  foolishness. 
It  is  stated  (but  I  do  not  vouch  for  this)  that  this 
morning  the  spy  rode  up  to  General  Jones,  who  was 
at  the  head  of  his  column,  and  said:  "  General,  I 
am  the  chief  courier  of  General  Jackson ;  he  de 
sired  me  to  request  you  to  order  your  column  to 
be  reversed  at  once."  The  order  was  of  course 
given,  and  the  pretended  courier  rode  away.  His 
next  exploit  was  to  ride  up  to  the  colonel  of  one 
of  our  regiments  and  give  him  the  same  command 
he  had  given  to  Jones.  The  colonel  was  a  shrewd 
officer,  however,  and  remarked :  "  I  am  not  in  the 
habit  of  receiving  my  orders  from  General  Jack 
son."  "  Well,  sir,  those  were  my  orders  from 
him  to  you."  "  What  cavalry  are  you  from  ?" 
The  courier  hesitated  a  moment,  and  said :  "  From 
the  Hampton  Legion."  u  In  whose  division  and 
brigade  is  that  ?"  asked  the  colonel.  This  con 
fused  him  still  more,  and  he  could  only  reply : 
"  I  don't  know;  I  have  forgotten."  Being  then 
taken  into  custody  and  examined,  several  papers 
were  found  upon  his  person  written  in  short  hand 
and  an  abbreviated  long  hand,  embracing  the  in 
formation  he  had  obtained.  A  pair  of  lieutenant's 
shoulder-straps  were  also  concealed  in  his  pocket. 
These  discoveries  being  made,  the  man  confessed 
that  he  was  a  Yankee,  and  belonged  to  the  Union 
army,  but  in  the  capacity  of  an  independent  scout. 
He  admitted  further  that  he  had  observed  and 
reported  the  movements  of  our  army,  but  denied 
having  killed  the  courier.  He  claimed  that  it  was 
done  by  a  party  of  Texans  with  whom  he  was 
travelling. 

The  various  facts  being  conclusive,  the  court- 
martial  by  which  he  was  tried  had  little  hesita 
tion  in  finding  him  "guilty,"  and  sentencing  him 
to  be  hung.  The  execution  took  place  this  after 
noon,  under  the  direction  of  General  Evans,  in 
the  presence  of  his  brigade  and  a  large  num 
ber  of  soldiers.  The  prisoner  was  mounted 

SUP.  Doc.  43 


on  a  horse,  his  hands  tied  behind  him,  and  he 
was  driven  beneath  a  tree.  The  rope,  which  was 
a  little  larger  than  an  ordinary  bed-cord,  then 
being  adjusted,  he  was  ordered  to  stand  upon  tho 
saddle.  As  he  did  so  a  soldier  gave  a  sharp  cut 
to  the  animal,  and  in  a  second  more  the  spy  was 
jerking  convulsively  from  the  limb  above  him. 
He  met  his  fate  with  great  stoicism,  and  appeared 
perfectly  satisfied  with  what  he  had  accomplished, 
but  to  the  last  denied  all  participation  in  the  act 
of  shooting  Longstreet's  courier.  He  said  he 
had  an  uncle  and  aunt  living  in  Clarke  county, 
Virginia,  and  that  the  latter  had  made  him  the 
confederate  uniform  which  he  wore. 

Friday,  August  22,  1862.— At  Stevensburgh. 
Once  a  fine  old  sober  Virginia  village,  but  now 
deserted,  dilapidated,  and  as  rough  as  if  it  had 
been  evolved  up  from  a  lot  of  second-hand  rub 
bish.      The  ancient    burgh   has   evidently  been 
awakened  from  a  long  coma,  and  while  I  write 
is   alive   with   a   cosmopolitan    humanity.      As 
cending  the  hill  in  the  suburbs  we  have  one  of 
the  handsomest  views  in  the  country.     Around 
the  edge  of  the  horizon  is  the  Blue  Ridge,  hang 
ing  like  a  misty  veil  dropped  from  the  clouds,  the 
huge  tops  illuminated  by  the  sunlight.     Between 
here  and  there  spreads  out  a  broad  plain,  broken 
at  intervals  by  hills  and  patches  of  woods.    Four 
miles  to  the  left  of  our  line  of  travel  is  Culpeper 
Court-House.     Four  miles  ahead  is  Brandy  Sta 
tion,  on  the  Orange  and  Alexandria  Railroad,  and 
already  there  is  filing  away  in  that  direction  a 
train  of  a  thousand  wagons.     In  the  meadows  at 
I  your  feet  are  camps  of  other  wagon  trains,  con- 
1  taining  ordnance,  quartermaster  and  other  storer, 
!  for  the  use  of  the  various  divisions  of  the  army. 
j  Several  brigades  are  also  bivouacked  here,  while 
j  others  are  in  motion,  filing  across  the  country. 
i  Roads   in   superb   condition    for   marching,  and 
j  weather  bracing.    The  head  of  Longstreet's  corps 
is  now  upon  the  banks  of  the  Rappahannock ; 
Jackson  still  to  the  left.     General  R.  H.  Ander 
son's  division  has  just  come  up  from  Richmond, 
and  is  hurrying  forward  to  the  front.     It  is  soon 
after  sunrise,  and  the  camps  are  in  a  state  of  bus 
tle—  mun  cooking  rations,  eating  breakfasts,  and 
preparing  to  resume  their  march. 

Near  here  is  where  a  part  of  Colonel  Ashby's 
old  command  attacked  the  enemy's  rear-guard 
day  before  yesterday,  and  drove  them  back. 
Several  killed  and  wounded  on  both  sides.  Some 
twenty  Yankee  prisoners,  captured  within  the 
last  two  days,  are  confined  in  the  town.  They 
are  generally  a  miserable,  low-lived  set  of  fel 
lows,  but  evidently  glad  they  are  out  of  tribula 
tion.  Not  one  of  them  will  acknowledge  that  ha 
belongs  to  the  army  of  General  Pope.  They 
swear  they  are  General  Burnside's  men.  I  asked 
one  of  them  where  the  army  appeared  to  be 
going.  He  replied :  "  Some  to  Warren  ton  Junc 
tion  and  some  toward  Alexandria,"  Citizens  who 
live  here  report  that  they  moved  off  evidently  in 
great  haste  and  confusion,  and  were  terribly  an 
noyed  by  our  advanced  cavalry.  It  is  probably 
their  intention  to  make  a  stand  on  the  other  side 


662 


REBELLION  RECORD,  1862-63. 


of  the  Rappahannock,  and  endeavor  to  prevent 
our  crossing.  Lee  is  pressing  them  with  great 
pertinacity. 

August  23. — Twenty-eight  miles  from  Manas- 
sas,  four  miles  from  the  Rappahannock.  It  is 
now  half-past  six  o'clock  A.M.,  and  heavy  can 
nonading  has  commenced  upon  the  front.  Jack 
son  is  reported  to  have  sent  word  to  Lee  that  he 
is  in  possession  of  Warrenton  Springs,  fifteen 
miles  to  the  left  of  Longstreet.  Ewell  is  also 
said  to  have  crossed  the  river  above  the  enemy. 
Two  bridges  across  Cedar  Run  and  the  Rapidan 
having  been  burned  by  the  enemy,  we  cannot 
use  the  railroad  until  they  have  been  rebuilt. 
One  of  the  prisoners  states  that  the  iron  and  ma 
terials  for  the  purpose  are  always  near  them,  and 
it  is  understood  that  the  work  of  reconstruction 
is  rapidly  going  forward.  If  this  be  true,  the 
army  can  soon  be  subsisted  more  conveniently 
even  than  at  Manassas.  There  are  no  fortifica 
tions  around  Warrenton,  but  the  position  is  nat 
urally  strong  for  either  friend  or  foe. 


Doc.  93. 
REPORT  OF  BRIG. -GENERAL  GILBERT 

OF  THE    OPERATIONS    ALONG    THE    LOUISVILLE    AND 
NASHVILLE  RAILROAD. 


TERS  TENTH  DIVISION,  ) 
IN  THE  L.  &.  N.  R.  R.,  V 
5,  KT.,  January,  1863.  ) 


HEADQUARTERS  TENTH  DIVISION, 
AND  TROOPS 
LOUISVILLE, 


CAPTAIN  :  The  commanding  officers  of  the  post 
and  stockades  which  were  assailed  by  Morgan's 
force  in  his  recent  attack  on  the  Louisville  and 
Nashville  Railroad  have  been  required  to  render 
a  report  to  these  headquarters  of  their  respective 
commands,  but  as  they  are  now  much  scattered, 
it  will  be  some  days  before  these  reports  can  be 
collected  for  transmission.  In  the  mean  time, 
please  accept  the  following  in  view  of  a  more 
full  report,  which  I  can  make  on  the  receipt  of 
those  of  my  subordinate  commanders. 

Morgan's  forces  showed  themselves  in  full 
strength  at  Cave  City  on  the  twenty-fourth  of 
last  month,  and  such  were  the  accounts  of  his 
forces  that  I  repaired  from  my  headquarters  at 
Lebanon  Junction  to  Munfordville  to  assure  my 
self  that  the  means  provided  for  the  defence  of 
that  position  had  been  properly  applied.  On  my 
arrival,  I  found  Colonel  Hobson,  commanding, 
fully  prepared,  his  troops  well  posted,  and  the 
new  set  of  earthworks  on  the  north  side  of  the 
ravine  in  good  progress.  I  was  much  surprised 
to  find  those  Parrott  guns  shipped  for  this  post 
had  not  yet  arrived.  Leaving  my  Assistant  In 
spector-General,  Captain  Staccy,  to  proceed  with 
the  further  inspection  of  the  troops,  I  repaired 
to  Louisville,  and  there  found  the  missing  artil 
lery,  as  well  as  the  implements  of  the  two  thirty 
Parrott  guns,  carried  down  to  the  train  of  that 
day,  and  placed  in  position.  Early  in  the  morn 
ing  of  the  twenty -sixth  the  above  artillery  and 
artillery  stores  were  despatched  down  the  road, 
but  it  was  too  late.  The  train  was  turned  back 
a  short  distance  from  Nolin,  for  the  enemy  had 


passed  around  Munfordville  and  was  then  can 
nonading  the  stockade  at  Bacon  Creek.  The 
three  guns  above  named  lay  in  the  Nashville  de 
pot  for  three  days,  waiting  for  transportation. 
The  stockade  at  Bacon  Creek  was  reduced  that 
day,  and  the  enemy  passed  on,  not  attacking  the 
Nolin  stockade  for  want  of  time,  probably.  On 
gaining  Elizabethtown,  Morgan  found  the  Ninety- 
first  Illinois  in  his  way.  It  had  been  moved 
from  the  trestles  in  Muldraugh's  Hill.  The  three 
stockades  at  this  place  were  not  finished,  and  this 
regiment  was  obliged  to  betake  itself  to  the 
houses  of  the  place.  The  delay  occasioned  here 
was  considerable.  Had  the  stockades  been  com 
pleted  it  would  have  been  greater. 

In  dismissing  a  high  officer  for  his  neglect  to 
push  forward  the  work  on  these  stockades,  the 
Government  vindicated  the  principles  of  disci 
pline,  but  the  act  did  not  make  cannon-proof 
shelters  for  the  Ninety-first  Illinois  to  fight  from, 
and  that  regiment  was  obliged  to  do  its  best  from 
the  houses  of  the  place.  From  Elizabethtown 
Morgan  passed  over  to  destroy  the  trestles  about 
a  mile  apart.  There  had  been  prepared  earth 
works  with  platforms  for  artillery.  Suitable 
pieces,  however,  it  proved  impossible  to  obtain. 
There  was  partial  shelter  for  the  men,  and  I 
hoped  that  with  their  muskets  they  could  make 
good  their  hold  on  the  place  for  one  day  —  suffi 
cient  to  allow  the  pursuing  force  to  overtake  the 
rebels.  Lieutenant-Colonel  Matson  joined  the 
regiment  during  the  night,  and  took  charge  of 
the  troops  at  both  trestles,  his  lower  one  having 
been  reenforced  by  two  companies  of  the  Seventy- 
eighth  Illinois.  Toward  morning  the  enemy  en- 
!  compassed  the  position,  and,  to  meet  the  emer 
gency,  Lieutenant-Colonel  Matson  called  up  to 
|  the  Sulphur  Fork  trestle  all  of  the  troops.  It 
!  was  three  P.M.  before  the  artillery  opened  on  our 
1  troops,  and  after  somewhat  more  than  an  hour, 
the  surrender  took  place.  It  was  while  returning 
from  carrying  my  orders  to  this  post  that  Lieut 
enant  John  Speed,  my  Aid-de-Camp,  was  inter 
cepted  and  captured.  I  had  some  hope  of  being 
able  to  reenforce  this  position  from  Lebanon,  but 
the  demonstrations  against  the  railroad  leading 
to  that  point  discouraged  it.  After  the  envelop 
ment  of  the  garrison  at  Sulphur  Fork  trestle,  a 
company  of  the  enemy's  cavalry  advanced  along 
the  road  toward  the  Rolling  Fork  stockade,  burn 
ing  Can  Run  bridge.  This  is  as  far  as  the  rebels 
came  along  the  main  stem.  Next  morning,  just 
as  they  were  about  to  open  on  Rolling  Fork 
stockade,  Colonel  Harlan  with  his  brigade  and 
battery  overtook  them,  and  a  battle  ensued,  re 
sulting  in  their  flight.  Morgan's  force  was 
mounted,  and  he  had  with  him  seven  or  eight 
|  pieces  of  artillery,  among  which  were  some  six- 
pounders,  and  possibly  a  twelve-pounder  howit 
zer.  Colonel  Harlan  was  enabled  to  overtake 
him  on  account  of  the  delays  occasioned  by  the 
several  stockades  and  detachments  of  troops  that 
were  planted  in  his  way.  Had  the  resistance 
been  more  prolonged,  he  could  have  been  caught 
by  Colonel  Harlan  in  Muldraugh's  Hill,  and  pro 
bably  compromised  to  the  extent  of  his  heavier 


DOCUMENTS. 


663 


guns.  From  first  to  last  our  casualties  were 
small,  and  the  several  surrenders  appear  to  have 
been  induced  more  by  the  moral  effect  of  the 
enemy's  artillery  than  by  destruction  of  life  or 
the  privations  incident  to  a  long  siege. 

In  the  stockade,  as  an  element  of  defence  for 
the  railroad,  I  still  have  confidence ;  but  I  ask 
for  troops  to  garrison  them  —  well-seasoned  sol 
diers.  Of  the  stockades  attacked  only  two  were 
finished.  Of  these,  one  held  out  five  hours,  and 
required  two  or  more  changes  of  position  before 
the  guns  brought  to  bear  on  it  effected  the  re 
duction.  This  was  the  Bacon  Creek  stockade. 
The  New-Haven  stockade  withstood  the  attack, 
and  the  garrison  still  holds  it. 

Before  closing  this  report  I  must  be  allowed 
to  express  my  regret  that  the  dispositions  to 
meet  this  attack  on  the  road  were  not  suffered 
to  remain  unchanged.  The  two  cavalry  regi 
ments  fitted  out  with  light  guns,  with  a  special 
view  to  this  service,  have  been  called  to  a  distant 
field  of  operations.  The  removal  of  the  Thirty- 
third  brigade,  its  battery  and  cavalry,  first  to 
Glasgow,  and  thence  to  the  Cumberland  River, 
deprived  rne  of  the  means  of  moving  compactly 
and  rapidly  on  Morgan  on  his  approach.  The 
transfer  of  the  Thirty-fourth  brigade  and  its  bat 
tery  from  Lebanon  to  Columbia,  elicited  a  re 
spectful  protest  from  me  at  the  time.  That  bri 
gade  resumed  its  place  in  time  to  protect  Lebanon, 
but  not  in  time  to  support  Rolling  Fork  bridge 
and  the  trestles.  In  future,  should  the  demands 
for  forces  be  supplied  by  drafts  on  the  railroad 
guards,  the  like  result  must  follow.  It  is  for 
my  immediate  superiors  to  decide  where  the 
sacrifice  is  to  be  made. 

Very  respectfully,  your  obedient  servant, 
C.  C.  GILBERT, 

Brig-General  Volunteers,  Commanding  Tenth  Division, 

and  Troops  on  L.  and  N.  R.  R. 

Captain  A.  C.  SEMPLE,  A.  A.  G., 

Headquarters  District,  West-Kentucky,  Louisville,  Ky. 


Doc.  94. 
THE  SEVEN  DAYS'  CONTESTS. 

GENERAL  McCALL'S  OFFICIAL  REPORTS* 

Of  the  part  taken  by  his  Division  in  the  Battles  of  Me- 
chanicsville,  Gained s  Mills,  and  New-Market  Cross- 
Road*,  together  with  Statements  of  Generals  Meade 
and  Porter,  and  Colonels  Stone,  Fisher,  Hays,  War 
ner,  Taggart,  Roberts,  Bollinger,  and  others. 

HEADQUARTERS  MCCALL'S  DIVISION,  ) 

CAMP  NEAR  HARRISON'S  LANDING,  August  16, 1862.  f 

Captain  F.  T.  Locke,  Assistant  Adjutant- Gene 
ral: 

SIR  :  I  have  the  honor  to  submit  herewith  re 
ports  of  the  operations  of  my  division  in  the  bat 
tles  before  Richmond,  on  the  twenty-sixth,  twen 
ty-seventh,  and  thirtieth  June  last,  which  have 
seen  unavoidably  deferred  by  my  capture  at  the 
close  of  the  last  day's  battle  and  subsequent  con 
finement  in  Richmond : 

*  See  Volume  V.  RKBBLLIOM  RECORD. 


BATTLE    OF   MECHANICSVILLE,    JUNE     TWENTY-SIXTH. 

On  the  afternoon  of  the  nineteenth  June  I  re« 
ceived  through  you  the  orders  of  General  Me- 
Clellan  to  move  forward  with  the  " greater  part" 
of  my  division  to  Mechanicsville  and  relieve  Tay 
lor's  brigade,  (of  Franklin's  corps,)  then  the  ex 
treme  right  of  the  army  of  the  Potomac.  In 
accordance  with  this  order  I  advanced  the  First 
and  Third  brigades,  commanded  respectively  by 
Brigadier-Generals  John  F.  Reynolds  and  T.  Sey 
mour,  to  Beaver  Dam  Creek,  this  side  of  Mechan 
icsville,  and  occupied  a  strong  position  on  its  left 
bank,  near  its  junction  with  the  Chickahominy. 
From  this  position  I  ordered  one  regiment  of  in 
fantry  and  a  battery  to  be  thrown  forward  to  the 
heights  in  front  of  the  village  to  relieve  Taylor, 
and  a  strong  line  of  pickets  to  be  established  as 
far  forward  as  Meadow  Bridge.  I  held  in  reserve 
the  Second  brigade  (Meade' s)  in  front  of  Gaines'a 
farm,  ready  to  act  either  in  support  of  the  First 
and  Third  brigades,  or  to  oppose  the  crossing  at 
New-Bridge,  should  it  be  attempted. 

The  position  selected  on  Beaver  Dam  Creek 
was  naturally  a  strong  one,  the  left  resting  on  the 
Chickahominy  and  the  right  extending  to  dense 
woods,  (beyond  the  upper  Mechanicsville  road,) 
which  were  occupied.  The  passage  of  the  creek 
was  difficult  throughout  the  greater  part  of  my 
front,  and  with  the  exception  of  the  roads  crossing 
at  Ellerson's  Mill,  near  my  left,  and  that  near  my 
right,  above  mentioned,  impracticable  for  artil 
lery.  On  the  right  of  the  last-named  road  an 
epaulement  calculated  for  four  pieces  of  field-artil 
lery  was  thrown  up,  and  rifle-pits  for  a  regiment 
each  were  constructed  in  front  of  each  brigade. 
Cooper's  battery,  of  six  ten-pounder  Parrott  guns, 
on  the  right  of  the  upper  road,  (four  of  them  be 
hind  the  epaulement,)  and  Smead's  (regular)  bat 
tery  of  four  twelve-pounder  Napoleon  guns  on  the 
left  of  the  road,  commanded  that  approach.  De 
Hart's  (regular)  battery  of  six  twelve-pounder 
Napoleon  guns  was  stationed  near  the  front  cen 
tre,  commanding  a  more  distant  view  of  the  same 
road,  and  also  the  lower  road  direct  to  the  vil 
lage  by  Ellerson's  Mill.  Easton's  and  Kern's 
batteries  were  with  the  Second  brigade  in  re 
serve.  In  this  position  I  awaited  any  movement 
the  enemy  might  initiate.  Cobb's  Legion,  of  the 
confederate  army,  was  encamped  within  view,  on 
the  opposite  side  of  the  Chickahominy,  and  A.  P. 
Hill's  division  on  his  right,  and  about  a  quarter 
of  a  mile  in  the  rear ;  detachments  from  both  of 
which  held  two  redoubts  and  an  extensive  line 
of  rifle-pits  along  the  crest  of  the  highlands  over 
looking  the  river. 

At  about  noon  of  the  twenty-sixth  the  enemy 
was  discovered  to  be  in  motion,  and  at  half-past 
twelve  my  pickets  at  Meadow  Bridge  were  driven 
in,  whereupon  those  along  the  road  were  ordered 
to  fall  back.  Not  long  afterward,  when  the  head 
of  his  column  appeared  in  front  of  Mechanics 
ville,  the  infantry  and  artillery  there  were  with 
drawn.  In  the  mean  time  Meade's  brigade  had 
been  ordered  forward,  and  directed  to  occupy 
ground  in  rear  of  the  line,  where  they  would  b« 


664 


REBELLION"  RECORD,  1862-63. 


out  of  range  of  musketry  and  at  practicable  dis 
tance  for  the  support  of  any  part  of  the  field. 

My  line  of  battle  was  formed  in  the  following 
order,  from  right  to  left :  On  the  extreme  right 
were  seven  companies  of  the  Second  regiment, 
Lieutenant-Colonel  McCandless  ;  then  six  com 
panies  of  the  First  Rifles,  Major  Stone  ;  the  Fifth 
regiment,  Colonel  Simmons  ;  the  First  regiment, 
Colonel  Roberts  ;  the  Eighth  regiment,  Colonel 
Hays  ;  the  Tenth  regiment,  Colonel  Kirk  ;  the 
Ninth  regiment,  Colonel  Jackson,  and  the  Twelfth 
regiment,  Colonel  Taggart,  which  occupied  the 
extreme  left.  Meade's  brigade,  in  reserve,  con 
sisted  of  the  Third  regiment,  Colonel  Sickel ; 
the  Fourth  regiment,  Colonel  Magilton  ;  and  the 
Seventh  regiment,  Colonel  Harvey.  Easton's 
battery  of  four  twelve-pounder  Napoleon  guns, 
and  Kern's  battery  of  six  twelve-pounder  howit 
zers,  were  also  held  in  reserve.  I  should  here 
mention  that  the  Sixth  regiment,  Lieutenant-Colo 
nel  McKean,  having  been  detached  some  days 
before,  was  at  Tunstall's  railroad  station,  while 
the  Eleventh  regiment,  Colonel  Gallagher,  was  on 
picket  on  the  Chickahominy.  These  two  regi 
ments  were  consequently  thrown  out  of  the  en 
gagement,  except  that  the  Eleventh  was  brought 
forward  on  the  morning  of  the  twenty-seventh, 
and  was  under  fire  (losing  one  man)  for  a  short 
time  before  being  withdrawn.  The  Fourth  regi 
ment  Pennsylvania  cavalry,  Colonel  Childs,  at 
tached  to  the  Pennsylvania  reserves,  was  under 
arms  and  in  readiness  for  any  service  that  might 
be  required  of  it,  but  was  not  called  into  action. 

At  about  three  o'clock  P.M.  the  enemy's  lines 
were  formed  in  my  front,  and  their  skirmishers 
were  rapidly  advanced,  delivering  their  fire  as 
they  came  forward.  They  were  speedily  driven 
back  by  a  discharge  of  artillery  and  a  rattling  re 
ply  of  musketry.  At  this  moment  I  rode  along 
the  front  of  several  regiments^  and  I  remarked  in 
the  cheerful  and  animated  countenances  of  the 
men  the  promise  of  that  brilliant  success  which 
they  so  nobly  achieved  in  the  sequel. 

In  a  short  time  the  enemy,  who  were  com 
manded  by  General  Robert  E.  Lee  in  person, 
boldl}1"  advanced  in  force  under  cover  of  a  heavy 
artillery  fire,  and  attacked  my  position  from  right 
to  left.  It  was  not  long,  however,  before  I  was 
satisfied  that  his  main  attack  was  directed  upon 
my  right,  and  in  consequence  I  ordered  Kern's 
battery  thither,  and  supported  it  by  advancing 
from  the  reserve  the  Third  regiment,  Colonel 
Sickel.  Here  for  a  long  time  the  battle  raged 
with  great  fury.  The  Georgians  now  rushed 
headlong  against  the  Secoryd  regiment,  but  only 
to  be  mowed  down  by  those  gallant  fellows, 
whose  commander  soon  sent  to  the  rear  some 
seven  or  eight  prisoners  taken  in  the  rencontre. 

After  this  the  enemy  retired  for  a  time  from 
the  close  contest  on  the  right,  but  along  the  line 
from  the  right  centre  to  the  extreme  left  kept  up 
a  heavy  general  discharge  of  artillery  and  small 
arms,  which,  with  the  rapid  reply  of  the  reserves, 
was  at  times  multiplied  to  an  unbroken  roar  of 
thunder.  Somewhat  later  in  the  day,  a  heavy 
column  was  launched  down  the  road  to  Eller- 


son's  Mill,  where  another  most  determined  attack 
in  force  was  made.  I  had  already  sent  Easton'a 
battery  to  General  Seymour,  commanding  the 
left  wing,  and  I  now  despatched  the  Seventh  re 
giment,  Colonel  Harvey,  to  the  extreme  left,  ap 
prehending  that  the  enemy  might  attempt  to  turn 
that  flank,  by  crossing  the  creek  below  the  mill. 
Here  again  the  reserves  maintained  their  position, 
and  sustained  their  character  for  steadiness  in 
fine  style,  never  retiring  one  foot  during  a  severe 
struggle  with  some  of  the  very  best  troops  of  the 
enemy,  fighting  under  the  direction  of  their  most 
distinguished  general.  For  hour  after  hour  the 
battle  was  hotly  contested,  and  the  rapid  fire  of 
our  artillery,  dealing  death  to  an  awful  extent, 
was  unintermitted,  while  the  greatly  superior 
force  of  the  enemy  enabled  him  to  precipitate 
column  after  column  of  fresh  troops  upon  my 
nearly  exhausted  lines. 

About  sunset  Griffin's  brigade,  of  Morrell's  di 
vision,  arrived  on  the  ground,  together  with  Ed- 
wards's  battery.  I  requested  the  gallant  Gene 
ral  to  move  his  brigade  to  the  extreme  right,  that 
being  the  weakest  point  of  my  position.  Some 
time  elapsed  before  these  troops  reached  the 
ground  indicated,  and  as  the  evening  was  now- 
far  advanced,  only  a  portion  of  his  force  could  be 
brought  into  action.  A  short  time,  however,  be 
fore  the  close  of  the  engagement,  the  Fourth 
Michigan,  Colonel  Woodbury,  relieved  the  Fifth 
reserves,  whose  ammunition  was  exhausted,  and 
two  companies  of  the  Fourteenth  New- York 
joined  the  First  Rifles  and  the  detachment  of  the 
Berdan  Sharp-shooters.  Ed  wards' s  battery  had 
been  left  by  Griffin  in  reserve,  and  late  in  the 
evening  I  turned  it  over  to  General  Seymour  to 
be  put  in  position  on  the  left.  About  nine  o'clock 
P.M.  this  well-contested  action  terminated  by  the 
withdrawal  of  the  enemy  with  very  heavy  loss. 

My  attention  was  now  directed  to  the  cleaning 
of  the  arms  and  the  issuing  of  ammunition,  to  be 
in  readiness  for  the  resumption  of  the  combat  in 
the  morning.  This  consumed  our  time  till  one 
o'clock  A.M.  of  the  twenty-seventh.  The  troops 
had  but  little  time  for  rest,  as  before  daybreak  I 
received  through  you  General  McClellan's  order 
to  withdraw  my  division  and  fall  back  to  the  rear 
of  Gaines's  Mills. 

This  order,  I  confess,  gave  me  some  concern. 
Had  it  reached  me  at  midnight,  the  movement 
might  have  been  accomplished  without  difficulty 
and  without  loss  ;  but  now  it  would  be  daylight 
before  the  movement,  which,  under  fire,  is  one  of 
the  most  delicate  and  difficult  in  war,  particular 
ly  in  presence  of  a  greatly  superior  force,  could 
be  commenced.  I,  nevertheless,  went  to  work 
without  a  moment's  delay.  Meade's  brigade  was 
the  first  to  be  withdrawn,  but  before  this  was 
accomplished  the  enemy  opened  fire  upon  us.  His 
fire  was  promptly  returned,  and  soon  became 
general  along  the  line.  Under  these  circum 
stances  great  caution  and  deliberation  became 
necessary  to  screen  the  movement,  and  conse 
quently  the  troops  had  to  be  withdrawn  slowly 
and  at  intervals.  Meade's  brigade,  however,  re 
tired  in  excellent  order.  Griffin's  brigade  and  bat- 


DOCUMENTS 


66c 


tery  I  then  ordered  to  withdraw ;  this  was  done 
coolly  and  successfully.  Reynolds' s  brigade  fol 
lowed,  during  which  movement  a  scattering  fire 
was  kept  up,  and  this  was  continued  until  all  the 
artillery  was  brought  out  of  action.  Lastly, 
Seymour's  brigade  was  brought  out.  In  fine, 
our  killed  had  been  buried,  our  wounded  had 
been  sent  off  by  seven  o'clock  A.M.,  on  the  twen 
ty-seventh,  and  not  a  man,  nor  a  gun,  nor  a  mus 
ket  was  left  upon  the  field.  The  regiments  filed 
past  as  steadily  as  if  marching  from  the  parade- 
ground  ;  and  it  must  have  been  some  time  be 
fore  the  enemy  were  aware  that  we  were  gone, 
as  no  attempt  was  made  to  follow  us  immedi 
ately. 

My  loss  in  this  battle,  as  near  as  I  have  been 
able  to  ascertain,  was  thirty-three  killed,  and  one 
hundred  and  fifty  wounded. 

The  loss  of  the  enemy  was  heavy  beyond  pre 
cedent  in  this  war,  in  proportion  to  the  numbers 
engaged.  The  strength  of  my  division  on  the 
field  did  not  exceed  seven  thousand,  including 
officers ;  that  of  the  enemy  was  somewhere  near 
twenty  thousand.  Hill's  division  alone  was  offi 
cially  reported  in  the  Richmond  papers  at  four 
teen  thousand  in  this  battle,  and  was  admitted 
to  have  been  reduced  by  casualties,  after  the 
battle  of  New-Market  Cross-Roads,  to  eight  thou 
sand.  I  learned  from  official  authority,  while  a 
prisoner  in  Richmond,  that  General  Lee's  loss  in 
killed  and  wounded  at  Mechanicsville  did  not  fall 
short  of  two  thousand.  In  the  official  returns 
published,  it  was  admitted  that  the  First  North- 
Carolina  lost  nearly  one  half  its  effective  force, 
and  the  Forty-fourth  Georgia  nearly  two  thirds. 
"Stonewall"  Jackson's  artillery  was  in  the  bat 
tle,  with  himself  personally,  although  his  infant 
ry  was  several  miles  to  the  right  of  my  posi 
tion. 

Where  all  so  gallantly  supported  the  honor  of 
the  flag,  it  would  appear  invidious  to  particular 
ize,  but  my  thanks  are  particularly  due  to  Gene 
rals  Reynolds,  Meade,  and  Seymour  ;  to  Colonels 
Simmons  and  Taggart ;  to  Lieutenant-Colonel 
McCandless  and  Major  Stone,  all  of  the  reserves, 
and  who  were  all  zealous  and  active,  as  well  as 
gallant,  in  the  discharge  of  their  arduous  duties, 
throughout  this  well-fought  action.  The  officers 
of  artillery  especially  distinguished  themselves, 
Easton,  De  Hart,  Smead,  Cooper,  and  Kerns. 
General  Meade  is  entitled  to  credit  for  his  prompt 
ness  and  zeal  in  carrying  out  all  instructions  con 
veyed  to  him,  though  not  directly  engaged.  It 
is  with  much  pleasure  I  acknowledge  my  obliga 
tion  to  Brigadier-General  Griffin,  who  promptly 
brought  his  fine  brigade  to  my  support  at  a  time 
when  it  was  supposed  to  be  needed.  Also  to 
General  Morrell,  who  brought  his  division  within 
supporting  distance,  and  was  ready  to  act  had  aid 
been  required.  My  personal  staff,  Captain  H.  J. 
Biddle,  Assistant  Adjutant-General,  and  Lieuten 
ants  Scheetz  and  Meconkey,  Aids-de-Camp,  as 
well  as  Lieutenant  Beatty,  Acting  Ordnance  Offi 
cer,  deserve  special  notice  for  their  gallantry  in 
carrying  orders,  and  for  the  other  duties  incident 
to  their  offices. 


REPORT  OF  THE  PART    TAKEN    BY  MCCALLS   DIVISION 

(THE  PENNSYLVANIA  RESERVES)  IN  THE  BATTLE 

OF    GAINES'S   MILLS,    ON    THE    TWENTY-SEVENTH 

JUNE,  18G2. 

My  division  having  been  successfully  with 
drawn  from  its  position  near  Mechanicsville,  after 
the  repulse  of  the  enemy,  on  the  morning  of  the 
twenty-seventh  June,  moved  steadily  and  in  or 
der  to  the  ground  designated,  in  rear  of  Gaines's 
Mills,  where  it  arrived  at  ten  A.M. 

Here  I  was  notified  by  General  Porter,  that  as 
my  division  had  been  engaged  till  late  the  pre 
vious  night,  and  suffered  from  loss  of  sleep,  and 
had  been  under  fire  for  some  hours  in  the  morn 
ing,  it  would  be  held  in  reserve  to-day. 

As  the  different  brigades  of  Porter's  corps  ar 
rived  on  the  ground,  they  were  formed  in  line  on 
the  interior  edge  of  the  dense  woods  bounding 
the  extensive  plain  of  cleared  farm  lands,  stretch 
ing  some  one  thousand  two  hundred  or  one  thou 
sand  five  hundred  yards  back  to  the  Chickahom- 
iny.  These  troops  constituted  the  first  line,  and 
my  division  occupied  the  open  ground  some  six 
hundred  yards  in  the  rear.  The  artillery  occu 
pied  the  space  between  the  lines.  The  cavalry 
of  my  division,  the  Fourth  regiment  Pennsylva 
nia,  I  placed  under  cover  of  the  slope  in  rear. 

At  half-past  three  o'clock  P.M.  the  enemy  ad 
vanced  and  opened  his  fire.  Very  soon  after  the 
action  commenced  you  ordered  me  to  move  for 
ward  the  Second  and  Third  brigades  of  my  divi 
sion  to  support  the  first  line.  This  was  imme 
diately  done,  and  in  a  style  that  called  forth  an 
expression  of  admiration  from  the  Commanding 
General.  These  two  brigades  were  soon  under 
fire,  in  some  instances  the  regiments  going  at 
once  into  line  where  intervals  had  been  left, 
while  in  others  they  halted  directly  in  rear  of 
the  line  already  formed.  In  a  short  time  after 
this  the  First  brigade  of  my  division  also  was 
ordered  forward,  and  soon  became  engaged.  In 
the  mean  time  the  batteries  of  my  division, 
Cooper's  on  the  right  and  De  Hart's,  Easton's, 
and  Kern's  in  the  centre  and  on  the  left,  were 
also  advanced  and  shelled  the  enemy  over  the 
heads  of  the  men  in  line. 

The  action  had  soon  become  general,  and  the  fire 
in  front  of  my  division,  which  was  near  the  cen 
tre  of  the  line  of  battle,  increased  to  a  deafening 
roar  of  musketry,  above  which  the  artillery  fire 
at  times  could  scarcely  be  distinguished.  The 
enemy  was  apparently  drawn  up  in  four  or  five 
lines,  and  one  after  another  of  them  was  thrust 
forward  on  my  front  as  fast  as  the  preceding  one 
recoiled  before  the  well-directed  fire  of  the  re 
serves,  or  at  such  short  intervals  that  the  tho 
roughly  heated  muskets  of  my  men  had  not 
time  to  cool.  In  this  way,  for  upward  of  three 
hours,  my  brave  fellows  were  under  fire,  the 
regiments  either  relieving  each  other  or  soino 
regiment  of  another  division  whose  men  had 
become  exhausted.  About  this  time,  seeing 
some  commotion  on  the  left  of  my  division,  I 
rode  rapidly  to  the  ground  and  found  that  the 
Fourth  regiment  had  been  driven  in  and  was 
being  rallied  by  General  Meade. 


666 


REBELLION   RECORD,    1862-63. 


The  line,  however,  was  soon  re-formed.  I  rode  in 
front,  addressed  the  men  briefly,  and  they  soon 
resumed  their  place  in  line  of  battle. 

Every  thing  now  on  the  left  of  my  division  was 
in  successful  and  satisfactory  operation ;  I  there 
fore  rode  slowly  along  the  line,  halting  for  a  short 
time  in  the  centre,  and  then  proceeding  to  the 
right.  Here  I  found  General  Reynolds  coming 
from  the  woods  with  the  First  and  Eighth  regi 
ments  of  his  brigade,  he  having  relieved  them 
and  brought  them  out  of  action,  in  consequence 
of  their  ammunition  being  exhausted.  He  re 
ported  to  me  that  the  Fifth  regiment  had  like 
wise  nearly  expended  all  its  ammunition  and 
ought  to  be  relieved.  On  hearing  this,  I  at  once 
directed  my  Assistant  Adjutant-General,  Cap 
tain  H.  J.  Biddle,  to  ride  down  the  line  and,  if 
possible,  to  bring  up  a  regiment  (of  Morrell's 
division,  I  think)  that  I  had  seen  in  reserve  as  I 
rode  along  the  line.  I  now  discovered  a  battery 
in  rear  of  my  extreme  right,  which,  I  thought, 
might  be  advantageously  brought  into  action.  I 
rode  back  to  the  spot  and  recommended  a  posi 
tion  in  front  to  the  officer  in  command,  Captain 
"Weed,  of  the  Fifth  artillery.  He  cheerfully  as 
sented  and  at  once  moved  off  to  occupy  the  posi 
tion.  He  had  not  proceeded  far  before  I  discov 
ered  a  large  number  of  men  on  the  extreme  left 
retiring.  It  soon  became  apparent  that  we  had 
met  with  a  reverse  there.  I  rode  out  in  the  di 
rection  of  the  men  and  strove  vigorously  to  rally 
them  ;  and  I  placed  a  squadron  of  Indiana  cav 
alry,  t  happened  to  find  on  the  ground,  in  line, 
with  orders  to  cut  down  any  man  who  attempt 
ed  to  pass  their  line.  My  endeavor  was  partially 
successful.  I  also  stopped  two  batteries  that 
were  in  retreat  and  brought  them  into  battery 
against  the  enemy,  who  just  then  appeared  on 
the  opposite  hill-side  ;  I  thus  checked  their  ad 
vance  on  this  point. 

About  this  time,  French's  division,  with 
Meagher's  brigade,  arrived  on  the  ground  where 
I  was,  and  I  stopped  the  fire  of  the  two  batteries 
lust  brought  into  action  while  they  passed  down 
the  hill  in.  front.  At  the  foot  of  the  hill,  how 
ever,  they  were  met  by  General  Fitz-John  Por 
ter,  who  halted  the  column  of  our  friends,  the 
suii  being  set  and  the  enemy  retired  from  view. 
My  division  retired  in  good  order  and  destroyed 
the  bridge  opposite  Trent's  Hill  (in  compliance 
with  General  Porter's  order)  after  they  had 
crossed.  On  Trent's  Hill  the  division  lay  upon 
their  arms  till  morning. 

The  only  occurrence  of  this  day's  battle  that 
I  have  cause  to  regret  (except  the  loss  of  many 
brave  officers  and  men,  whose  fall  I  sincerely 
mourn)  is  the  capture  by  the  enemy  of  a  large 
portion  of  the  Eleventh  regiment  of  the  reserves, 
Colonel  Gallagher  commanding.  This  regiment 
of  Meade's  brigade  had,  in  the  course  of  the  af 
ternoon,  relieved  the  Fourth  New- Jersey  regi 
ment,  Colonel  Simpson,  (Major  United  States 
Topographical  Engineers,)  the  latter  promising 
to  support  the  former  in  case  of  being  hard 
pressed.  In  the  heat  of  the  action,  the  Eleventh 
regiment  becoming  enveloped  in  the  smoke  of 


battle,  continued  the  fight  after  the  rest  of  the 
line  had  retired,  having  been  closely  engaged 
with  a  rebel  regiment  in  front ;  and  before  the 
Colonel  was  aware  that  he  had  been  left  alone 
on  the  field  he  found  himself  under  fire  of  two 
regiments,  one  on  either  flank,  besides  the  one 
in  front.  Notwithstanding  the  peril  of  his  posi 
tion,  he  gallantly  kept  up  a  galling  fire  on  the 
advancing  foe  as  he  himself  retired  in  good  or 
der  on  the  Fourth  New-Jersey. 

Here,  to  crown  his  ill-fortune,  he  found  that 
he,  as  well  as  Colonel  Simpson,  was  completely 
surrounded,  a  strong  force  having  already  taken 
position  in  his  immediate  rear.  The  situation  of 
these  two  brave  regiments,  which  had  so  nobly 
maintained  their  ground  after  all  had  retired, 
was  now  hopeless  ;  their  retreat  was  entirely 
cut  off  by  the  increasing  force  of  the  enemy, 
who  were  still  advancing,  and  they  were  com 
pelled  to  surrender.  No  censure  can  possibly 
attach  to  either  Colonel  Gallagher  or  Colonel 
Simpson,  or  the  brave  men  of  their  respective 
regiments,  on  account  of  this  ill  turn  of  fortune  ; 
but,  on  the  contrary,  they  are  entitled  to  the 
credit  of  having  held  their  ground  until  it  was 
tenable  no  longer. 

I  have  only  further  to  add,  that  throughout 
this  day  the  reserves  supported  the  character 
they  had  gained  in  the  battle  of  Mechanicsville, 
on  the  afternoon  of  the  twenty-sixth  and  the 
morning  of  this  day. 

My  thanks  are  due  to  Brigadier-Generals 
Meade  and  Seymour  for  the  aid  afforded  me  in 
this  hard-fought  field. 

I  regret  to  have  to  report  the  capture  of  Briga 
dier-General  John  F.  Reynolds,  commanding 
First  brigade,  and  his  Assistant  Adjutant-Gen 
eral,  Captain  Charles  Kingsbury,  who  were  tak 
en  prisoners  while  returning  to  the  division  on 
the  morning  of  the  twenty-eighth. 

To  the  officers  of  my  personal  staff,  and  par 
ticularly  to  Captain  H.  J.  Biddle,  Assistant  Ad 
jutant-General,  my  thanks  are  due  for  gallant 
and  efficient  services. 

The  loss  of  the  division  to-day  was  heavy  ; 
it  is  embraced  in  the  total  at  the  foot  of  this 
report. 

BATTLE    OF    NEW-MARKET    CROSS-ROADS,    JUNE    THIR 
TIETH,    1862. 

On  Friday  evening,  June  twenty-seventh,  after 
the  battle  of  Gaines's  Mills,  my  division  crossed 
the  Chickahominy  to  Trent's  Hill,  where  it  re 
mained  till  eight  o'clock  P.M.  on  the  twenty- 
eighth.  At  that  hour  I  received  your  orders  to 
move  in  the  direction  of  White  Oak  Creek,  and 
to  take  with  me  Hunt's  reserve  artillery,  consist 
ing  of  thirteen  batteries.  As  this  would  extend 
my  column  many  miles  in  length,  and  as  my  flank 
would  constantly  be  exposed  to  attack,  I  placed 
the  whole  of  the  Third  brigade,  by  regiments, 
between  the  batteries,  to  afford  them  support. 
This  movement,  owing  to  narrow  and  bad  roads, 
was  necessarily  slow,  and  my  division,  after  be 
ing  all  night  on  the  march,  did  not  reach  the 
crossing  of  White  Oak  Creek  until  near  noon  oil 


DOCUMENTS. 


«67 


the  twenty-ninth.  Having  crossed  the  creek,  I 
was  ordered  by  the  General-in-Chief  to  put  my 
division  in  position  to  repel  any  attack  by  the 
enemy  from  the  direction  of  Richmond.  This  I 
did,  and  I  remained  in  position  till  five  o'clock 
P.M.  At  that  hour  the  march  was  resumed  and 
continued  by  my  command  till  I  reached  the 
Quaker  road  crossing  of  the  New-Market  road, 
at  midnight.  My  orders  were  to  take  a  position 
here  to  repel  an  attack  from  Richmond.  Having 


selected  my  position  and  established  the  First 
and  Second  brigades,  and  sent  to  the  front  a 
regiment  of  infantry  and  a  battery,  and  a  strong 
picket  in  advance  of  them,  I  kept  the  Third  bri 
gade  in  reserve,  and  awaited  the  result  till  near 
daylight,  when  I  was  ordered  to  return.  I 
marched  back,  left  in  front,  and  reached  the 
point  where  the  Turkey  Bridge  road  turns  off 
from  the  New-Market  road,  about  seven  o'clock 
A.M.  on  the  thirtieth.  Here  I  was  ordered  to 


aa.  New-Market  Road. 
bb.  Charles  City  Road. 

TC,  Kearny's  Division. 


HEW-MARKKT  CROSS-ROADS  BATTLE-OROtrSD. 

CO.  Turkey  Bridge,  (or  Quaker  Road.)  S.   Sumner's  Corps. 

M.   McCaU's  Division.  H.   Hooker's  Division. 

LL.  Longstreet's  and  Hill's  Divisions. 


halt  till  the  whole  of  the  immense  supply-trains 
of  the  army  of  the  Potomac,  then  slowly  ad 
vancing  from  White  Oak  Creek,  had  passed 
toward  James  River,  and  to  repel  any  attack 
that  the  enemy  might  make  on  it.  At  nine 
o'clock  commenced  the  heavy  cannonade,  caused 
by  the  enemy  attempting  to  force  the  passage  of 
the  creek,  and  it  continued  with  little  interrup 
tion  till  noon. 

Tt  was  a  determined  artillery  duel,  but  as  I 
did  not  apprehend  their  ability  to  effect  a  pas 
sage,  I  at  once  came  to  the  conclusion  that  any 
attack  on  myself  must  come  from  the  direction 
of  Richmond,  on  my  right  flank.  I  had  thrown 
out  a  cavalry  picket  in  that  direction,  and  on 
afterward  detecting  indications  of  an  advance 
of  the  enemy,  moved  out  a  regiment  of  infantry 
to  strengthen  the  picket. 

Having  examined  the  country  around  me,  I 
made  the  disposition  of  my  troops,  facing  to  the 
right  flank,  as  follows,  Meade's  brigade  on  the 
right,  Seymour's  on  the  left,  and  held  Reynolds' s 
brigade,  now  commanded  by  Colonel  Seneca  G. 
Simmons,  of  the  Fifth,  in  reserve.  The  artillery 
I  established  in  front  of  the  line,  Randall's  (reg 
ular)  battery  on  the  right,  Cooper's  and  Kern's 
opposite  the  centre,  and  two  German  batteries, 
(accidentally  with  my  division,)  of  four  twenty- 
pound  Parrott  guns  each,  commanded  by  Cap 


tains  Dietrich  and  Kennerheim,  on  the  left  of  the 
infantry  line. 

The  Fourth  regiment  Pennsylvania  cavalry, 
Colonel  Childs,  was  drawn  up  on  the  left  and 
rear,  but  not  being  called  into  action,  was  sub 
sequently  ordered  to  fall  back. 

The  country  on  my  new  front  was  open,  em 
bracing  a  large  farm,  intersected  toward  the 
right  by  the  New-Market  road  and  a  small  strip 
of  timber  parallel  to  it ;  the  open  front  was  eight 
hundred  yards,  its  depth  at  least  one  thousand 
yards.  It  was  a  beautiful  battle-field,  but  too 
large  for  my  force,  the  lands  on  either  flank  be 
ing  open.  My  disposition  having  been  made,  I 
calmly  awaited  the  approach  of  the  enemy. 

About  half-past  two  o'clock  P.M.,  my  pickets, 
after  skirmishing,  were  driven  in  by  a  strong 
advance,  but  without  loss  on  our  side.  At  three 
o'clock  the  enemy  sent  forward  a  regiment  on 
my  left  centre,  and  immediately  afterward  anoth 
er  on  my  right  centre,  to  feel  for  a  weak  point. 
They  were  under  cover  of  a  shower  of  shell, 
and  advanced  boldly,  but  were  both  driven  back, 
the  former  by  the  Third  regiment,  Colonel  Sic- 
kel,  and  the  latter  by  the  Seventh  regiment,  Col 
onel  Harvey.  After  this,  I  rode  forward  with 
the  First  Rifles,  and  placed  them  in  a  narrow 
skirt  of  timber  on  the  left  and  in  front.  Soon 
after  this,  a  very  heavy  column  moved  to  the  left 


663 


REBELLION  RECORD,  1862-63. 


of  my  line,  and  threatened  to  take  me  in  flank. 
I  at  once  changed  front  on  that  flank,  sending 
Colonel  Simmons  with  two  regiments  of  the 
First  brigade  to  reenforce  that  quarter.  This 
movement  was  promptly  executed,  hut  not  a 
raoment  too  soon,  for  a  furious  attack  with  artil 
lery  and  infantry  was  almost  immediately  made 
on  that  flank.  I,  at  the  same  time,  directed 
Captain  Biddle,  Assistant  Adjutant-General,  to 
ride  to  the  left  and  change  the  direction  of  fire 
of  the  two  German  batteries  from  the  front  to 
the  left.  This  order  was  gallantly  executed,  but 
it  is  with  deep  grief  that  I  have  to  state  that  this 
brave  and  valuable  officer  fell  here  mortally 
wounded. 

For  nearly  two  hours  the  battle  raged  fiercely, 
the  enemy  throwing  in  a  perfect  storm  of  shot 
and  shell,  and  making  several  attempts  to  force 
my  position.  Always  checked  by  the  steadiness 
of  my  brave  reserves,  he  at  last  retired  for  a 
time,  driven  back  by  the  well-directed  fire  of 
musketry.  During  this  attack  the  gallant  and 
lamented  Colonel  Simmons  fell,  also  mortally 
wounded. 

It  must  not  be  imagined  that  the  enemy  was 
inactive  along  the  centre  and  right  of  my  line 
during  all  this  time.  Cooper's  and  Kern's  bat 
teries,  in  front  of  the  centre,  were  boldly  charged 
upon,  each  time  a  regiment  dashing  up  to  \vithin 
fifty  or  forty  yards.  They  were  then  hurled  back 
by  a  storm  of  canister  and  the  deliberate  fire  of 
the  First  regiment,  Colonel  Roberts,  whom  I  had 
placed  immediately  in  rear  of  Kern's,  and  the 
Ninth  regiment,  Colonel  Jackson,  in  rear  of 
Cooper's.  The  contest  was  severe,  and  put  the 
steadiness  of  these  regiments  to  the  test ;  both 
suffered  heavy  loss,  but  particularly  the  First 
regiment,  whose  gallant  Lieutenant-Colonel  (Mc- 
Intire)  was  severely  wounded. 

Some  time  after  this,  the  most  determined 
charge  of  the  day  was  made  upon  Randall's  bat 
tery,  by  a  full  brigade,  advancing  in  wedge 
shape,  without  order,  but  with  a  wild  reckless 
ness  that  I  never  saw  equalled.  Somewhat  simi 
lar  charges  had,  as  I  have  stated,  been  previ 
ously  made  on  Cooper's  and  on  Kern's  batteries 
by  single  regiments  without  success,  the  confed 
erates  having  been  driven  back  with  heavy  loss. 
A  like  result  appears  to  have  been  anticipated 
by  Randall's  company ;  and  the  Fourth  regi 
ment  (as  was  subsequently  reported  to  me)  was 
requested  not  to  advance  between  the  guns  as  I 
had  ordered,  as  it  interfered  with  the  cannoneers, 
but  to  let  the  battery  deal  with  them.  Its  gallant 
commander  did  not  doubt,  I  am  satisfied,  his 
ability  to  repel  the  attack,  and  his  guns  fairly 
opened  lanes  in  the  advancing  host.  These  gaps 
were,  however,  immediately  closed,  and  the 
enemy  came  on,  with  arms  trailed,  at  a  run,  to 
the  very  muzzles  of  his  guns,  where  they  pis 
tolled  or  bayoneted  the  cannoneers.  Two  guns 
were  limbered,  and  were  in  the  act  of  wheeling 
to  the  rear  when  the  horses  were  shot,  the  guns 
were  both  overturned,  and  presented  one  con 
fused  heap  of  men,  horses,  and  carriages.  Over 
all  these  the  men  of  the  Eleventh  Alabama  regi 


ment  dashed  in,  a  perfect  torrent  of  men,  and  I 
am  sorry  to  say  the  greater  part  of  the  Fourth 
regiment  gave  way.  The  left  company  (Captain 
Conrad)  of  that  regiment,  however,  stood  its 
ground,  and  with  some  fifty  or  eighty  men  of 
other  companies  met  the  Alabarnians. 

I  had  ridden  into  the  regiment  and  endeavored 
to  check  them  ;  but,  as  is  seen,  with  onlv  partial 
success.  It  was  here,  however,  my  fortune  to 
witness  between  those  of  my  men  who  stood 
their  ground  and  the  rebels  who  advanced,  one 
of  the  fiercest  bayonet-fights  that  perhaps  ever 
occurred  on  this  continent.  Bayonets  were 
crossed  and  locked  in  the  struggle  ;  bayonet 
wounds  were  freely  given  and  received.  I  saw 
skulls  crushed  by  the  heavy  blow  of  the  butt  of 
the  musket,  and,  in  short,  the  desperate  thrusts 
and  parries  of  a  life-and-death  encounter,  prov 
ing,  indeed,  that  Greek  had  met  Greek  when  the 
Alabama  boys  fell  upon  the  sons  of  Pennsylvania. 

My  last  reserve  regiment  I  had  previously  sent 
to  support  Cooper,  and  I  had  not  now  a  man  to 
bring  forward.  My  men  were  bodily  borne  oft 
the  ground  by  superior  numbers.  A  thick  wood 
was  immediately  in  rear,  and  the  confederates 
did  not  follow  my  men  into  the  thicket.  It  was 
at  this  moment,  on  witnessing  the  scene  I  have 
described  that  I  bitterly  felt  that  my  division 
ought  to  have  been  reenforced. 

My  force  had  been  reduced,  by  the  battles  ol 
the  twenty-sixth  and  twenty-seventh,  to  lesg 
than  six  thousand,  and  on  this  occasion  I  had  tc 
contend  with  the  divisions  of  Longstreet  and  A. 
P.  Hill,  estimated  amongst  the  strongest  and  best 
of  the  confederate  army,  and  numbering  that  day 
from  eighteen  to  twenty  thousand. 

The  centre  was  at  this  time  still  engaged  and  1 
could  not  withdraw  any  troops  from  it. 

The  Alabama  troops  did  not  attempt  to  enfi 
lade  my  line,  and  leaving  the  guns  on  the  ground, 
(the  horses  having,  during  the  fight,  been  either 
killed  or  dispersed,)  they  retired  to  the  woods  on 
my  right. 

It  was  now  near  sunset  and  the  heat  of  battle 
had  greatly  subsided.  I  now  rode  to  the  rear  to 
rally  and  collect  the  stragglers.  At  a  short  dis 
tance  I  came  upon  two  regiments  of  Kearny's 
division.  I  requested  them  to  move  forward,  but 
was  informed  their  orders  were  to  await  the  ar 
rival  of  General  Kearny.  I  moved  on  and  set 
some  officers  at  work  to  form  the  stragglers  ot 
my  own  regiments  into  line.  On  my  return  I 
found  General  Kearny.  He  put  his  regiments 
in  motion  and  moved  to  the  front  and  on  the 
right  of  my  line. 

As  he  rode  away  he  said  to  me  :  "  If  you  Can 
bring  forward  another  line  in  a  few  minutes  we 
can  stop  them."  By  this  time  the  sun  had  set, 
and  the  desultory  firing  was  confined  to  the  ex 
treme  right. 

In  a  short  time  Lieutenant-Colonel  Thompson, 
Third  regiment,  came  up  and  reported  to  me  that 
he  had  collected  about  five  hundred  men,  with 
whom  he  was  then  advancing.  I  rode  on  with 
him  at  the  head  of  the  column  in  a  direction  to 
bring  this  force  up  an  Kearny's  left 


DOCUMENTS 


669 


On  arriving  near  the  ground  where  Randall's 
battery  stood,  I  halted  Thompson's  command, 
wishing  to  ascertain  whether  any  of  my  men 
were  still  in  front  of  me.  I  had  left  Captain 
Conrad's  company  about  one  hundred  yards 
in  advance,  but  it  was  now  so  dark  I  could 
scarcely  distinguish  a  man  at  ten  paces.  The 
battle,  in  fact,  was  now  over  ;  the  firing  on  the 
left  and  centre  had  ceased,  and  there  was  only  a 
desultory  firing  between  Kearny's  men  and  the 
enemy,  some  distance  to  my  right.  I  rode  for 
ward  to  look  for  Conrad,  and  on  the  ground 
where  I  left  him  I  rode  into  the  enemy's  picket, 
the  Forty-seventh  Virginia,  Colonel  Mayo,  rest 
ing  under  some  trees,  and  before  I  knew  in 
whose  presence  I  was,  I  was  taken  prisoner. 
Unfortunately  for  myself,  I  had  no  staff-officer 
with  me,  or  I  should  have  sent  him  forward  to 
examine  the  ground,  instead  of  going  myself ; 
but  my  Adjutant-General,  the  valiant  Captain 
Henry  J.  Biddle,  had  been  mortally  wounded  ; 
Lieutenant  Scheetz  had  his  horse  killed,  and  was 
injured  by  the  fall;  my  Chief  of  Ordnance,  the 
gallant  Beatty,  had  been  severely  wounded  at 
my  side,  and  only  left  me  when  I  had  insisted 
on  his  doing  so  ;  my  excellent  Orderly,  Sergeant 
Simeon  Dunn,  Fourth  Pennsylvania  cavalry, 
was  also  fatally  wounded  at  my  side,  and  out  of 
my  escort  of  a  captain  and  twenty  men  of  the 
Fourth  cavalry,  but  one  corporal  (the  brave 
King)  and  one  private  remained  with  me  ;  these 
two  men  were  made  prisoners  with  myself. 
About  the  time  I  was  taken  prisoner  the  desul 
tory  firing  on  my  right  died  away. 

The  conduct  of  the  Pennsylvania  reserves  on 
this  hard-fought  field  is  worthy  of  all  praise,  as 
is  fully  attested  by  their  stubborn  resistance  and 
their  heavy  loss  in  killed  and  M7ounded.  Besides 
the  officers  I  have  already  named,  I  am  greatly 
indebted  to  the  gallant  commander  of  the  Second 
brigade,  General  George  G.  Meade,  who  rendered 
me  efficient  aid  until  his  wounds  compelled  him 
to  leave  the  field.  My  thanks  are  likewise  due 
to  Colonel  Roberts,  commanding  First  regiment ; 
Colonel  Sickel,  commanding  Third  regiment  ; 
Colonel  Hays,  commanding  Eighth  regiment  ; 
Colonel  Jackson  and  Captain  Cuthbertson,  of 
the  Ninth  regiment,  and  other  brave  officers  not 
commanding  regiments,  of  whom  Lieutenant- 
Colonel  Mclntire  and  Major  Wollworth  are 
among  the  many  wounded.  I  must  also  name 
as  entitled  to  favorable  notice,  Acting  Division- 
Surgeon  Stocker,  who  accompanied  me  in  the 
early  part  of  the  day,  and  assisted  in  communi 
cating  my  orders  until  slightly  wounded  in  the 
wrist  by  the  fragment  of  a  shell.  Indeed,  to  all 
are  my  best  thanks  and  praises  due  for  bravery 
contributing  to  the  important  results,  namely,  the 
defence  of  the  immense  supply-train  while  pass 
ing  that  point  and  the  holding  the  enemy  in 
check  upon  the  New-Market  road,  where  he  strove 
desperately  to  cut  in  two  the  retiring  column  of 
the  army  of  the  Potomac. 

The  trophies  of  the  day  were  three  stands  of 
colors  captured  and  about  two  hundred  prisoners. 

The  loss  of  the  division  in  killed,  wounded,  and 


prisoners  in  the  three  battles  of  the  twenty-sixth, 
twenty-seventh,  and  thirtieth  of  June  was  threa 
thousand  one  hundred  and  eighty,  the  killed  and 
wounded  amounting  to  one  thousand  six  hundred 
and  fifty,  out  of  about  seven  thousand  who  went 
into  battle  at  Mechanicsville  on  the  twenty-sixth 
of  June. 

I  am,  very  respectfully,  your  obedient  servant, 
GEORGE  A.  MCCALL, 

Brigadier-General  Commanding  Division. 

TESTIMONY    BEFORE    THE    JOINT    COMMITTEE    ON    THE 
CONDUCT   OF    THE    WAR. 

General  George  A.  McCall,  sworn  and  examined 

by  Mr.  Covode : 

Question. — It  has  been  reported  that  on  some 
one  occasion  during  the  Peninsula  campaign  the 
Pennsylvania  reserves,  under  your  command, 
were  u  routed."  Will  you  please  state  whether 
or  not  such  is  the  fact,  and  the  particulars,  if 
any,  that  gave  rise  to  such  report  ? 

Answer. — The  only  report  in  existence,  I  be 
lieve,  to  which  your  inquiry  can  refer,  is  the  re 
port  of  General  Joseph  Hooker,  United  Slates 
volunteers,  of  the  part  taken  by  his  division  in 
the  batte  of  June  thirtieth,  in  front  of  Richmond, 
called  by  him  the  "  battle  of  Glendale,"  publish 
ed  in  Wilkes'  Spirit  of  the  Times,  of  November 
first,  1862.  In  this  report  that  officer  states 
"  the  whole  of  McCall's  division  was  completely 
routed,'1'1  etc.  This  sweeping  assertion  was  re 
garded  by  every  officer  and  man  of  my  division 
as  exhibiting  a  misapprehension  of  facts  that  wa3 
perfectly  incomprehensible,  and  it  caused  me  to 
add  to  my  official  report  of  that  battle  (which  I 
designated  "  New-Market  Cross-Roads  ")  to  Gen 
eral  McClellan  a  supplemental  report  refuting 
this  charge  and  exhibiting  evidence  to  show  that 
it  was  not  in  accordance  with  facts. 

Now,  in  order,  sir,  that  your  question  may  be 
comprehensively  answered,  I  must  premise  that 
of  the  several  attacks  made  on  the  right  flank  of 
the  Union  army  while  retiring  from  the  front  of 
Richmond,  upon  James  River,  one  of  the  most 
formidable  was  that  commanded  by  General 
Robert  E.  Lee  in  person,  on  Monday,  the  thir 
tieth  of  June,  1862.  The  Federal  troops,  more 
or  less  engaged  in  this  battle,  were  Sumner's 
corps,  and  McCall's,  Kearny's,  and  Hooker's  di 
visions.  General  McClellan  was  not  present  at 
this  point,  and  the  corps  and  the  divisions  here 
named  manoeuvred  and  fought  independently, 
except  that  the  several  commanders  were  in 
structed  to  maintain  their  positions,  and  protect 
the  army  trains  then  moving  on  toward  James 
River.  To  u  McCall's  division  "  was  assigned, 
by  order  of  the  General-in-Chief,  (through  Gen 
eral  Porter,)  a  position  a  short  distance  in  front 
of  the  point  where  the  line  of  march  turned 
abruptly  from  the  New-Market  road  toward  the 
river.  I  accordingly  formed  my  division  in  two 
lines,  crossing  at  right  angles  the  New-Market 
road,  and  in  front  of  the  Turkey  bridge  (or 
Quaker)  road  leading  to  the  river,  and  along 
which  the  trains  were  then  moving.  Sumner's 
position  was  at  some  distance  to  the  left  of  mine, 


670 


REBELLION1   RECORD,  1S62-63. 


and  somewhat  retired  ;  Hooker  was  on  Sumner' s 
left,  and  slightly  advanced ;  Kearny  was  on  the 
opposite  side  of  the  road,  and  consequently  on 
my  right ;  there  was  more  or  less  interval  be 
tween  each  two.  The  confederate  forces  ad 
vanced  from  Richmond  down  the  New-Market 
road,  Lee's  ohject  being  to  cut  or  break  through 
the  Union  army  at  this  point.  Had  he  succeed 
ed  in  doing  so  he  could  have  seized  and  strongly 
occupied  the  only  two  approaches  to  James 
River,  and  then  the  left  wing  of  our  army  (Heint- 
zelman's  and  Franklin's  corps)  would  inevitably 
have  been  cut  off  from  McClellan,  and  the  right 
wing  would  have  been  taken  in  rear  on  its  march. 
That  this  was  Lee's  object,  as  it  was  his  expecta 
tion  to  accomplish  it,  is  established  by  the  de 
claration  of  General  Longstreet,  "  that  ifMcCaWs 
division  had  not  fought  as  it  did,  they  would 
hare  captured  the  Federal  army.'"  (See  Surgeon 
Marsh's  testimony  herewith.)  And  from  the 
disposition  of  Lee's  forces,  it  necessarily  followed 
that  the  brunt  of  the  attack  would  be  on  my 
position.  It  was  so  ;  and  to  my  division,  which 
had  been  fighting  and  marching  for  four  days 
and  nights,  without  rest  for  a  single  night,  it  was, 
indeed,  a  desperate  affair.  My  division  with  the 
exception  of  an  unimportant  reenforcement,  had 
fought  the  battle  of  Mechanicsville  single-handed, 
on  the  twenty-sixth,  and  had  inflicted  on  Lee  the 
only  defeat  the  confederates  acknowledged  they 
sustained  in  front  of  Richmond  ;  their  own  ac 
counts  admitting  u  they  were  repulsed  at  every 
point  with  unparalleled  loss."  On  the  twenty- 
seventh,  my  division  fought  again  at  Gaines's 
Mills,  and  having  lost  heavily  in  the  last  battle, 
they  were  now  reduced  to  about  six  thousand 
men.  On  the  thirtieth,  at  New-Market  Cross- 
Roads,  the  attack  was  made  on  my  division  by 
Longstreet's  and  A.  P.  Hill's  divisions,  crack 
troops,  and  about  eighteen  thousand  strong.  For 
some  time  my  division  alone  was  engaged  ;  sev 
eral  attempts  having  been  made  to  find  a  weak 
point  in  my  line.  From  the  nature  of  the  ground 
I  was  ordered  to  occupy,  both  my  flanks  were 
unavoidably  more  or  less  exposed,  and  about  five 
P.M.  my  left  flank  was  threatened  by  a  heavy 
body  of  the  enemy.  Having  detected  this  at 
once,  I  ordered  the  Fifth  and  Eighth  regiments 
from  my  second  line  to  support  the  left,  and 
directed  a  change  of  front  there  of  both  infantry 
and  artillery.  This  was  promptly  done,  but  not 
a  moment  too  soon.  The  advance  of  the  enemy 
under  cover  of  a  terrific  artillery  fire,  was  gal 
lantly  met,  and  his  line  was  broken  and  com 
pletely  routed,  and  over  two  hundred  prisoners 
taken  by  the  Fifth,  Eighth,  and  Tenth  regiments, 
commanded  by  Colonels  Fisher  and  Hays,  and 
Lieutenant-Colonel  Warner,  respectively.  (See 
their  reports  herewith.) 

Immediately  after  this,  a  still  heavier  body  of 
the  enemy  advanced  rapidly.  My  regiments  had 
necessarily  become  somewhat  disordered  by  the 
very  impetuosity  of  their  charge,  and  were  also 
weakened  by  the  detachments  required  to  con 
duct  their  prisoners  to  the  rear.  The  enemy, 
greatly  superior  in  numbers,  was  upon  them  be 


fore  they  had  time  to  re-form,  and  they  in  turn 
were  compelled  to  retire,  which  they  did,  directly 
to  the  rear.  At  the  same  time  (by  this  advance 
of  the  enemy)  the  Twelfth  regiment,  wKdi  bad 
been  divided  and  detached  by  General  Seymour, 
of  the  Third  brigade,  commanding  the  left  wing  of 
the  division,  after  it  had  been  established  in  line 
by  myself,  was  cut  off  from  the  rest  of  my  line 
and  driven  to  the  left  and  rear.  Simultaneously 
the  cannoneers  of  a  section  of  a  battery  belonging 
to  Porter's  corps,  and  left  that  day  with  me,  flod 
with  their  horses  and  limbers  on  the  approach  of 
the  enemy,  breaking  through  the  four  companies 
of  the  Twelfth,  their  support,  and  trampling  the 
men.  This  confused  mass,  together  with  the 
other  six  companies  of  the  Twelfth  and  the  de 
tachments  of  the  Fifth,  Eighth,  and  Tenth,  who, 
as  before  stated,  were  carrying  prisoners  to  the 
rear,  were  hurried  down  a  little  by-road  between 
Sumner  and  Hooker,  and  in  part,  possibly  upon 
the  latter,  closely  followed  by  the  enemy.  The 
enemy,  suddenly  and  unexpectedly  coming  on 
fresh  troops,  for  Sumner  and  Hooker  had  not 
hitherto  been  engaged,  soon  recoiled,  and  were 
driven  over  upon  my  centre,  (not  on  Kearny,  as 
stated  by  Hooker.  See  Colonel  Stone's  report.) 
Meantime,  the  Fifth,  Eighth,  Tenth,  and  Rifles, 
who,  as  already  remarked,  had  retired  immedi 
ately  in  rear  of  their  own  ground,  and  to  the  right 
of  Sumner,  were  rallied  individually  by  their 
colonels,  and  subsequently  came  forward  under 
them,  the  Brigade  Commander  not  being  present. 
(See  reports  of  Colonel  Hays  and  others.)  Tin's 
temporary  reverse  of  Seymour's  brigade,  (one  out 
of  three  brigades,)  you  perceive,  has  been  magni 
fied  into  the  complete  rout  of  McCall's  whole 
division.  But  to  show  you,  sir,  what  effect  this 
reverse  had  on  the  division,  I  have  it  in  evidence 
by  officers  at  that  moment  engaged  in  the  centre 
of  the  division,  (see  report  of  Lieutenant-Colonel 
Mclntire  and  others  herewith,)  that  it  was  not 
known  or  even  heard  of  in  their  vicinity  until  the 
next  day  or  after  the  battle  was  over.  I  was  with 
the  centre  at  the  time,  and  it  was  not  known  to 
me  at  that  time,  nor  at  the  time  I  returned  to 
Harrison's  Landing,  (from  Richmond,)  where  my 
official  report  of  that  battle  was  written  ;  for,  as 
already  remarked,  the  enemy,  repulsed  by  Sum 
ner  and  Hooker,  was  thrown  on  my  centre, 
whence  they  were  finally  repulsed  by  my  divi 
sion. 

I  have  stated  that  both  my  flanks  were  un 
avoidably  more  or  less  exposed  ;  that  on  the  left 
I  have  already  described.  On  the  right,  more 
than  one  hour  later  in  the  day,  Randall's  battery 
was  charged  upon  by  the  enemy  in  great  force, 
and  with  a  reckless  impetuosity  I  never  saw 
equalled  ;  they  advanced  over  a  space  of  six  hun 
dred  yards  of  open  ground.  The  guns  of  the 
battery  mowed  them  down  at  every  discharge, 
yet  they  never  paused.  A  volley  of  musketry 
was  poured  into  them  at  short  distance  by  the 
Fourth  regiment,  in  support  of  the  battery,  but 
it  did  not  check  them  for  an  instant ;  they  dash 
ed  on  and  bayoneted  or  pistolled  the  cannoneers 
at  their  guns.  Part  of  the  Fourth  gave  way ;  the 


DOCUMENTS. 


671 


remainder,  however,  with  part  of  the  Seventh  in 
their  rear,  (then  coming  forward,)  stood  their 
ground  like  heroes.  I  was  with  the  battery  a 
the  time,  and  it  was  rny  fortune  to  witness  in  the 
bayonet- fight  that  there  took  place,  such  a  dis 
play  of  reckless  daring  on  the  part  of  the  Ala 
bamians,  and  of  unflinching  courage  on  the  par) 
of  the  Pennsylvanians,  as  is  rarely  beheld.  My 
men  were,  however,  overpowered  by  numbers 
and  borne  off  the  ground.  The  battery  was 
taken,  but  immediately  abandoned  by  the  en 
emy,  who  rapidly  retired.  These  reverses  on 
the  flanks  were  the  only  serious  discomfitures 
during  the  daj^.  (See  report  of  Assistant  Ad 
jutant-General  Clarke,  Captain  Cuthbertson,  Col 
onel  Roberts,  Lieutenant  Watmough,  A.  D.  C., 
and  others,  herewith.)  Just  before  sunset,  about 
seven  o'clock  P.M.,  at  least  two  hours  after  Hooker 
reported  my  whole  division  completely  routed, 
Cooper's  battery,  in  front  of  the  centre,  was, 
after  several  charges  had  been  repulsed,  finally 
taken  by  the  enemy,  but  only  to  be  retaken  by 
the  Ninth  regiment,  in  a  most  glorious  charge, 
(see  Captain  Cuthbertson's  report,)  wherein  the 
standard  of  the  Tenth  Alabama  was  captured  by 
private  William  J.  Gallagher,  of  company  F,  who 
killed  the  rebel  color-bearer  and  seized  the  stand 
ard,  which  he  presented  to  me  on  the  ground. 

I  have  no  desire  to  treat  lightly  the  reverses 
on  both  flanks  of  my  division  in  this  hard-fought 
field ;  they  were  the  almost  inevitable  results  of 
greatly  superior  numbers,  impelled  on  those 
points  with  great  impetuosity ;  but  the  Pennsyl 
vania  reserves,  as  a  DIVISION,  although  terribly 
shattered,  were  never  "routed  ;"  they  maintain 
ed  their  ground,  with  these  exceptions,  for  three 
hours  against  thrice  their  numbers,  in,  I  believe, 
the  hardest  fought  and  bloodiest  battle  in  which 
they  ever  have  been  engaged,  and  in  this  opinion 
I  am  sustained  by  most  of  those  officers,  if  not 
all,  with  whom  I  have  conversed  on  the  subject. 
Had  my  division  been  routed,  the  march  of 
the  Federal  army  would  certainly  have  been 
seriously  interrupted  by  Lee  forcing  his  masses 
into  the  interval — see  General  Porter's  statement 
herewith.  When  I  was  surrounded  and  taken 
prisoner,  I  was  conducted  at  once  to  Lee's  head 
quarters.  Here  Longstreet  told  me  they  had 
seventy  thousand  men  bearing  on  that  point,  all 
of  whom  would  arrive  before  midnight ;  and  had 
he  succeeded  in  forcing  McClellan's  column  of 
march,  they  would  have  been  thrust  in  between 
the  right  and  left  wings  of  the  Federal  army. 
Now,  under  this  very  probable  contingency,  had 
I  not  held  my  position,  (see  General  Porter's 
report  herewith,)  the  state  of  affairs  in  the  left 
wing  of  McClellan's  army  would  have  been 
critical  indeed ;  but  Lee  was  checked  (as  Long- 
street  admitted)  by  my  division,  (see  Surgeon 
Marsh's  report  herewith,)  and  the  divisions  in 
the  rear,  together  with  the  Pennsylvania,  re 
serves  and  others,  moved  on  during  the  night, 
and  joined  McClellan  at  Malvern  Hill  before  day 
light.  What  share  my  division  had  in  effecting 
this  happy  result  let  the  country  judge. 
Individually,  I  labored  under  great  disadvan 


tages  in  this  battle,  having  sooner  or  later  in  the 
day  lost  all  my  brigade  commanders,  Colonel 
Simmons,  commanding  First  brigade,  (since  the 
capture  of  General  Reynolds,  on  the  twenty- 
seventh,)  having  been  mortally  wounded  early 
in  the  day  ;  General  Meade,  commanding  Second 
brigade,  wounded  and  compelled  to  retire;  and 
General  Seymour,  commanding  Third  brigade, 
having  disappeared,  (see  Colonel  Hays's  report.) 
In  addition  to  all  this,  in  the  course  of  the  day 
all  my  staff  were  killed,  wounded,  or  put  hors 
de  combat;  my  faithful  Orderly  was  mortally 
wounded  at  my  side,  and  my  personal  escort,  a 
Captain  and  twenty  men  of  Fourth  cavalry, 
killed,  wounded  or  dispersed — two  only  except- 
ed — having  been  myself  almost  all  day  under  the 
hottest  fire  I  ever  experienced,  encouraging  my 
men  under  all  these  disadvantages. 

The  trophies  I  won  this  day  were  between 
two  hundred  and  three  hundred  prisoners,  (see 
reports  of  Colonels  Hays,  Warner,  and  Fisher,) 
and  three  stands  of  colors.  These  colors  are  now 
(they  were  a  short  time  since)  in  the  Adjutant- 
General's  office,  Washington,  and  are  duly  label 
led  with  the  names  of  the  captors. 

I  here  insert,  from  a  quantity  of  testimony 
in  my  possession,  the  following  extracts  from 
officers  of  rank: 

First— 

WASHINGTON,  October  20, 1862. 

To  General  Me  Call: 

.  .  .  Had  not  McCall  held  his  place  on  New- 
Market  road,  June  thirtieth,  that  line  of  march 
of  the  (Federal)  army  would  have  been  cut  by  the 
enemy.  F.  J.  PORTER, 

Major-General  Commanding  Fifth  Provisional  Corps. 

Second — 

CAMP  NEAR  WARRKNTON,  VA.,  ) 
November  7,  1S62.  ) 

To  General  Me  Call: 

It  was  only  the  stubborn  resistance 
offered   by  our   division,  (the  Pennsylvania  re 
serves,)  prolonging  the  contest  till  after  dark,  and 
checking  till  that  time  the  advance  of  the  enemy, 
hat  enabled  the  concentration  during  the  night  of 
the  whole  army  on  James  River,  which  saved  it. 
GEORGE  G.  MEADE, 

Brigadier-General  Volunteers. 

TESTIMONY    OF    OFFICERS    OF    THE    PENNSYLVANIA 
RESERVES. 

Colonel  Boy  Stone,  One  Hundred  and  Forty- 
ninth  Pennsylvania  Volunteers,  late  Major 
Commanding  First  Rifles,  (Bucktails,)  to  Gen 
eral  McCall: 

[Extract.] 

WASHINGTON,  November  3,  1862. 

.  .  .  At  the  battle  of  New-Market  Cross- 
Roads,  June  thirtieth,  1862,  my  regiment  was  not 
actively  engaged  until  after  the  brilliant  and  suc 
cessful  charge  made  by  several  regiments  of  the 
eft  wing,  which  resulted  in  driving  back  the 
enemy's  advanced  line  and  capturing  a  large 
number  of  prisoners.  These  regiments,  whose 
ranks  were  necessarily  somewhat  broken  by  the 
very  impetuosity  of  their  charge  over  broken 


672 


REBELLION  RECORD,  1862-63. 


ground  and  into  timber,  but  especially  by  the  de 
tachments  which  were  required  to  bring  in  their 
prisoners,  were  ordered  to  re-form  in  front  of  the 
farm-house,  and  I  was  sent  to  the  left  to  cover  the 
formation.  The  enemy,  however,  gave  our  men 
no  time  to  re-form,  but  pushed  a  solid  column  of 
overwhelming  numbers  out  of  the  woods  on  our 
left  and  front,  compelling  our  men  in  turn  to  re 
treat.  This  advance  of  the  enemy  might  have 
been  checked  by  the  Dutch  battery  belonging  to 
General  Porter's  corps,  and  temporarily  with 
your  division  that  day;  but  it  was  deserted  by 
its  gunners  on  the  first  appearance  of  the  enemy. 
Some  men  on  the  extreme  left  of  our  advanced 
line  above  referred  to  were  cut  off  from  their 
companions  by  the  enemy's  rapid  advance,  and 
were  obliged  to  retreat  to  the  left.  These  were 
probably  the  men  who  reached  Hooker's  first 
line. 

Meantime  the  enemy  (recoiling  from  Sumner 
and  Hooker)  turned  to  the  left  and  was  repulsed 
by  your  centre.  About  sunset  I  was  ordered  to 
the  right,  and  went  directly  to  the  ground  occu 
pied  by  me  when  the  action  commenced,  and  I 
can  bear  witness  that  the  ground  held  by  the 
centre  of  your  division  when  the  battle  opened, 
was  held  by  your  troops  in  the  face  of  a  large 
force  of  the  enemy  long  after  dark ;  and  so  far  as 
my  observation  extended,  the  only  regiments 
that  broke  in  the  early  part  of  the  fight  were 
those  that  had  become  disordered  by  their  own 
charge  into  the  enemy's  line. 

ROY  STONE, 

Colonel  One  Hundred  and  Forty-ninth  P.  V., 
late  Major  Commanding  First  Rifles. 

Colonel  J.  W.  Fisher,  Commanding  Fifth  Regi 
ment  Pennsylvania  Reserves,  to  General  lie- 
Call: 

WASHINGTON,  February,  1863. 

...  At  the  battle  of  New-Market  Cross- 
Roads,  June  thirtieth,  1862,  the  Fifth  regiment, 
under  my  command,  was  ordered  to  reenforce 
the  Third  brigade,  General  Seymour,  on  the  left 
of  the  division,  soon  after  the  action  commenced, 
and  took  position  on  the  right  of  the  Eighth  re 
giment.  In  the  charge  upon  the  advancing 
enemy  we  captured  one  hundred  and  two  prison 
ers,  and  sent  them  to  the  rear.  If  these  re 
giments  had  been  permitted  to  retire  with  their 
prisoners,  instead  of  being  ordered  by  General 
Seymour  to  form  under  the  fire  of  another  body 
of  the  enemy  then  advancing,  they  would  not 
have  broken,  but  would  have  formed  in  time  to 
receive  the  enemy.  J.  W.  FISHER, 

Colonel  Commanding  Fifth  Regiment. 

Colonel  G.  8.  Hays,  Commanding  Eighth  Regi 
ment  Pennsylvania  Reserves,  to  General  Mc- 
Call: 

[Extract.] 

WASHINGTON,  February  10, 1862. 

...  At  the  battle  of  New  Market  Cross- 
Roads,  June  thirtieth,  1862,  my  regiment  was 
ordered  to  support  the  Third  brigade,  General 
Seymour.  We  soon  encountered  the  enemy, 
but  having  three  times  our  number  to  contend 


with,  we  fell  back  to  the  woods ;  as  it  was,  wo 
took  eighty-four  prisoners.  Some  of  these,  how 
ever,  got  away,  owing  to  the  great  fatigue  of  our 
men.  Afterward  I  went  back,  with  the  inten 
tion  of  recovering  the  body  of  Colonel  Simmons, 
commanding  our  brigade,  (the  First.)  In  crossing 
a  ravine,  my  horse  was  struck  with  a  shell. 
Having  reached  my  colors  on  foot,  I  ordered  one 
of  my  men  to  find  General  Seymour,  as  I  wished 
to  be  relieved  on  account  of  injuries  received  by 
the  fall  of  the  horse  "upon  me.  This  he  reported 
at  a  late  hour  he  could  not  do,  and  the  report  at 
that  time  was  that  you  were  killed.  Not  being 
able  to  find  General  Seymour,  commanding 
brigade,  I  ordered  the  line  to  advance  and  take  a 
position  in  the  field  immediately  in  front  of  where 
General  Seymour  had  been  in  the  commence 
ment  of  the  action.  We  lay  there  till  four  o'clock 
the  next  morning,  and  so  near  the  enemy  that 
we  could  hear  the  voices  of  officers  giving  orders. 
We  were  exceedingly  unfortunate  in  losing  our 
Acting  Brigadier,  Colonel  Simmons.  He  would 
have  been  of  great  service  to  you. 

GEORGE  S.  HAYS, 

Colonel  Commanding  Eighth  Regiment  Pennsylvania  Reserves. 

Lieutenant- Colonel  A.  J.  Warner,  Commanding 
Tenth  Regiment  Pennsylvania  Reserves,  to 
General  Me  Call : 

[Extract.] 
GEORGETOWN,  (Hospital,)  January  15, 1868. 

...  At  New- Market  Cross-Roads,  June  thir 
tieth,  1862,  the  regiment  kept  its  position  on 
the  left,  (Seymour's  brigade,)  where  it  was  sta 
tioned  by  yourself  during  the  artillery  contest 
that  preceded  the  infantry  attack.  When  the 
enemy  made  his  first  advance  across  the  open 
field  in  our  front,  the  Tenth  regiment,  with 
others  of  the  reserves,  charged  upon  them,  utter 
ly  destroying  their  lines  and  scattering  them  in 
every  direction.  The  regiment  took  over  a  hun 
dred  prisoners  in  this  charge.  The  regiment 
was  again  ordered  in  line  by  General  Seymour, 
and  sustained  a  most  severe  shock  in  the  second 
tatack  of  the  enemy,  suffering  severely  in  killed 
and  wounded.  Upon  being  flanked  and  nearly 
surrounded  by  the  rebels,  the  regiment  fell  back, 
skirmishing  through  the  woods  in  our  rear.  The 
enemy  being  checked  in  these  woods,  the  regi 
ment  again  formed  in  line,  with  others  of  the  re 
serves  who  were  rallied  at  this  point,  and  moved 
forward  to  within  a  hundred  yards  of  the  ground 
it  held  at  the  beginning  of  the  battle.  Here  it 
remained  in  line  of  battle  till  eleven  o'clock  at 
night,  when  it  was  ordered  to  move  to  Malvern 
Hill.  A.  J.  WARNER, 

Lieutenant-Colonel  Commanding  Tenth  Regiment 
Pennsylvania  Reserves. 

Colonel  John  H.  Taggart,  Commanding  Twelfth 
Regiment  Pennsylvania  Reserves,  to  General 
Me  Call: 

[Extract.] 

WASHINGTOH,  November  8, 1862. 

.  .  .  My  regiment,  on  the  thirtieth  of  June, 
at  New-Market  Cross-Roads,  was  assigned  a  po 


DOCUMENTS. 


673 


sition  by  yourself  on  the  left  of  your  division. 
Shortly  afterward  General  Seymour  made  a 
charge,  posting  six  companies  in  a  breastwork 
of  logs  hastily  constructed,  and  four  companies 
as  a  support  to  two  twenty-pounder  guns  of 
the  Dutch  battery.  At  five  P.M.,  a  sudden  and 
vigorous  attack  was  made  on  my  left  and 
front.  .  .  .  My  men  opened  fire  on  the  ad 
vancing  foe,  but  the  charge  was  so  impetuous 
that  after  a  short  hand-to-hand  struggle,  in 
which  many  men  were  killed  and  wounded,  the 
six  companies  under  my  command  fell  back  to 
the  left  and  rear.  Afterward  a  new  line  was 
formed,  and  a  large  number  of  men  fought  side 
by  side  with  a  Massachusetts  regiment,  belong 
ing,  as  I  understood,  to  General  Hooker's  divi 
sion.  At  the  time  my  regiment  was  forced  in,  a 
number  of  our  men,  perhaps  one  hundred  and 
fifty  or  two  hundred,  passed  down  the  road  be- 
twreen  Sumner's  and  Hooker's  lines.  These  men 
were  carrying  off  a  number  of  prisoners  taken  by 
them  in  front. 

JOHN  H.  TAGGART, 

Late  Colonel  Twelfth  Regiment  Pennsylvania  Reserves. 

Having  been  present  with  the  Twelfth  regi 
ment  on  the  thirtieth  June,  1862,  when  driven 
in,  my  company  joined  a  regiment  of  General 
Hooker's  division,  and  was  actively  engaged ;  and 
there,  indeed,  one  fourth  of  my  men  were  either 
killed  or  wounded. 

CHILL  HAZZARD, 

First  Lieutenant  Twelfth  Regiment  Commanding  Company, 

Lieutenant  and  Adjutant  Theodore  McMurtrie, 
Twelfth  Regiment  Pennsylvania  Reserves,  to 
General  Me  Call: 

[Extract.] 

WASHINGTON,  November  18, 1862. 
On  the  day  of  New-Market  Cross-Roads,  June 
thirtieth,  our  regiment  (Twelfth)  was  with  the 
remainder  of  the  division,  ordered  into  line  of 
battle  under  your  personal  supervision.  After 
you  had  moved  to  the  right  of  the  division, 
Brigadier-General  Seymour  made  other  disposi 
tion  of  the  regiment,  whereby  six  companies 
were  detailed  to  go  to  the  left  and  front  of  the 
original  line  of  battle,  behind  a  barricade  of  rails. 
After  sustaining  the  enemy's  fire  for  some  time, 
these  companies  gave  way  and  retired  by  a  left 
flank  movement  to  the  rear,  under  charge  of 
Colonel  John  H.  Taggart,  commanding.  The 
companies  left  with  me  being  unsupported  and 
in  danger  of  being  flanked  by  the  enemy,  who 
opened  a  heavy  fire  on  our  left,  enfilading  us, 
they  broke  and  retreated  directly  to  the  rear, 
where  many  of  them  rallied  in  the  new  line  there 
formed  through  the  gallant  exertions  of  Major 
Stone,  First  Rifles,  and  other  officers,  who,  with 
myself,  did  their  utmost  to  rally  the  men,  and 
succeeded.  No  part  of  the  men  composing  the 
four  companies  left  with  me  broke  through  any 
of  the  divisions  on  the  left  of  our  own  line 
of  battle,  but  rallied  again  directly  in  the  rear. 

THEODORE  Me  MURTRIE, 
Lieutenant  and  Adjutant  Twelfth  Pennsylvania  Reserves. 


Lieutenant- Colonel  H.  M.  Mclntire,  First  Re 
giment  Pennsylvania  Reserves,  to  General 
Me  Call: 

[Extract.] 

WASHINGTON,  Januarys,  1863. 

In  the  battle  of  New-Market  Cross-Roads,  the 
regiment  to  which  I  belong  occupied  a  central 
position  in  the  division,  and  at  sun-set,  (a  quarter 
past  seven  P.M.,)  at  which  time  I  was  wounded 
and  left  the  field,  the  regiment  still  held  the 
ground  they  had  from  the  first.  I  knew  nothing 
of  the  left  being  driven  back,  nor  was  it  known 
in  our  vicinity.  HENRY  M.  MC!NTIRE, 

Lieutenant-Colonel  First  Regiment  Pennsylvania  Reserves. 

Captain  John  Cuthbertson,  Ninth  Regiment 
Pennsylvania  Reserves,  to  General  Me  Call: 

[Extract.] 

WASHINGTON,  Nov.  4, 1862. 

GENERAL:  In  answer  to  questions  by  you 
relative  to  the  conduct  of  the  Ninth  regiment  at 
the  battle  of  New-Market  Cross-Roads,  June 
thirtieth,  I  would  respectfully  reply,  this  regi 
ment  at  commencement  of  action  was  placed  in 
support  of  Cooper's  battery.  The  enemy  con 
sumed  a  couple  of  hours  in  a  number  of  ineffect 
ual  attempts  to  take  this  battery,  several  times 
charging  up  within  a  few  yards  of  the  guns,  but 
each  time  driven  back  with  slaughter.  About 
six  o'clock  this  regiment  was  ordered  to  the  left, 
the  enemy  apparently  making  headway  in  that 
direction,  and  moved  to  the  position  assigned, 
leaving  other  troops  to  support  the  battery. 
When  the  enemy  on  the  left  was  repulsed,  we 
were  moved  to  the  rear  of  the  battery,  which  had 
just  been  taken  by  the  enemy.  The  regiment 
was  ordered  to  retake  the  battery,  and  the  men 
advanced,  cheering  lustily,  to  the  attack,  although 
it  was  in  possession  of  a  superior  force,  and  the 
enemy  defended  it  with  great  vigor.  A  hand-to- 
hand  struggle  ensued,  muskets  were  clubbed  and 
bayonets  were  used,  the  enemy  were  driven 
from  the  guns,  fleeing  in  great  confusion,  our 
men  after  them,  to  the  road  leading  to  Richmond. 
Here  our  men  were  with  difficulty  halted,  I  having 
to  catch  hold  of  the  color-bearer  to  stop  him.  The 
regiment  then  fell  back.  Soon  after  a  body  of 
the  enem}r,  several  times  our  number,  came  up 
and  were  at  once  engaged,  our  men  behaving 
writh  a  valor  and  heroism  that  could  not  be  sur 
passed.  Although  not  over  fifty  yards  separated 
us,  and  officers  and  men  fell  rapidly  under  the 
terrible  fire,  not  a  man  faltered.  In  a  few  minutes 
a  musket-ball  passed  through  both  my  thighs ; 
it  was  then  nearly  dark,  and  as  I  was  carried  off 
I  could  see  my  gallant  comrades  were  still  main 
taining  the  unequal  contest  with  a  recklessness 
of  life  that  astonishes  me  now,  when  I  calmly 
reflect  on  it.  As  nearly  as  I  can  estimate  it  was 
near  eight  o'clock  when  I  was  wounded. 

I  was  the  senior  Captain,  temporarily  in  com 
mand  of  the  regiment  at  the  time.  This  regi 
ment,  during  the  battle,  was  not  at  any  time  in 
the  rear  of  the  line  of  battle  adopted  by  you. 

JOHN  CUTHBERTSON, 
Senior  Captain  Ninth  Regiment  Pennsylvania  Reserraa, 


REBELLION"  RECORD,  1862-63. 


Colonel  P.  Riddle  Robert*,  Commanding  First 
Regiment  Pennsylvania  Reserves,  to  General 
Me  Call: 

[Extract.] 

HARRISBPRGH,  Nov.  7,  1862. 

My  regiment  held  a  position  near  the  centre  of 
your  line,  in  the  battle  of  New-Market  Cross- 
Roads,  June  thirtieth.  You  will  remember  that, 
soon  after  the  battle  commenced,  I  received  a 
personal  order  from  you  to  advance  the  regiment 
to  the  support  of  Kern's  battery,  which  was  at 
once  done.  From  this  position  I  had  a  view  of 
portions  of  the  three  brigades  of  your  division. 
We  received  three  distinct  charges  from  the  en 
emy,  which  were  repulsed  successfuly.  We  suf 
fered  severely,  but  fought  to  the  close  of  the  day, 
when  we  were  relieved  by  fresh  troops. 

R.  BIDDLE  ROBERTS, 

Late  Colonel  First  Regiment  Pennsylvania  Reserves. 

Colonel  H.  C.  Bollinger,  Commanding  Seventh 
Regiment  Pennsylvania  Reserves,  to  General 
Me  Call: 

[Extract,] 

WASHINGTON,  Dec.  28, 1862. 

At  the  battle  of  New-Market  Cross-Roads, 
June  thirtieth,  the  Seventh  regiment  was  sta 
tioned  on  the  right  of  the  line  of  battle,  in  rear 
of  the  Fourth  regiment  and  a  battery  (Randall's) 
of  artillery.  .  .  .  The  enemy  advanced  on  the 
battery,  they  were  received  by  a  volley  of  mus 
ketry  from  the  Fourth  regiment,  at  very  short 
range,  but  it  did  not  stop  their  advance  upon  the 
guns.  The  battery  kept  up  an  incessant  fire, 
making  gaps  in  their  ranks  at  every  fire,  yet 
they  pressed  steadily  forward,  and  when  they 
came  up  to  the  guns  it  became  a  hand-to-hand 
fight,  men  freely  using  their  bayonets  and  club 
bing  their  muskets.  At  this  time  my  horse  fell, 
and  when  I  went  down  a  rebel  made  for  me  with 
drawn  sword,  but  was  met  by  one  of  my  men 
with  bayonet  and  killed  on  the  spot.  We  were 
overpowered  and  driven  from  the  guns.  We  rallied 
and  once  more  recovered  the  pieces  of  artillery, 
after  one  of  them  had  been  turned  upon  us  and  its 
contents  fired  into  our  ranks.  Afterward  my 
self,  and  such  men  as  I  could  muster,  charged 
across  the  same  field  to  the  front  of  where  we 
first  encountered  the  enemy,  just  as  the  sun  was 
setting,  and  when  we  left  the  field  it  was  so  dark 
that  we  could  not  distinguish  friend  from  foe. 
H.  C.  BOLLINGER, 

Col.  Commanding  Seventh  Regiment  Pennsylvania  Reserves. 

Captain  James  C.  ClarTc,  Assistant  Adjutant- 
General,  Seymour's  Brigade,  to  General 
Me  Call: 

[Extract.] 

WASHINGTON,  Nov.  1, 1862. 

The  attack  in  the  early  part  of  the  engagement 
(New-Market  Cross-Roads,  June  thirtieth)  on  the 
left,  was  in  force  and  impetuous,  not  to  be  with 
stood.  Some  of  the  regiments  gave  way.  Had 
the  division  been  routed,  the  fight  could  not  have 
been  continued  as  it  was,  and  the  field  have  been 
held  until  sundown  by  you.  I  came  to  you,  as 
you  remember,  about  seven  o'clock  in  the  even 


ing,  and  asked  if  you  had  seen  General  Seymour 
recently.  I  noticed  that  you  were  nearly  alone 
and  T  offered  my  services.  As  this  was  at  a  latt 
hour,  and  you  were  then  directing  the  fight,  the 
division  could  not  have  been  routed.  The  large 
number  of  prisoners  brought  in  by  the  reserves, 
and  sent  to  the  rear,  is  another  evidence  that  the 
ground  was  well  contested. 

JAMES  C.  CLARK, 

Assistant  Adjutant-General  Third  Brigade 


Lieutenant  and  Aid-de-Camp  William  W. 
mo  ugh,  General  Meade's  Staff. 

[Extract.] 

WASHINGTON,  Nov.  9,  1862. 

.  .  .  I  was  forced  to  leave  the  field  (New- 
Market  Cross-Roads,  June  thirtieth)  about  half- 
past  seven  P.M.  by  reason  of  a  wound,  and  at 
that  time  every  thing,  I  thought,  was  going  on 
finely.  The  division  was  in  possession  of  the  po 
sition  you  first  assigned  it  at  the  opening  of  the 
engagement.  I  think  our  conduct  on  that  occa 
sion  is  well  testified  by  the  presence  in  the  Adju 
tant-General's  office,  Washington,  of  three  rebel 
flags,  that  were  taken  during  the  engagement  by 
our  division.  W.  W.  WATMOUGH, 

Aid-de-Camp,  etc. 

Surgeon  N~.  F.  Marsh,  Fourth  Pennsylvania  Cav 
alry,  Me  CaW  s  Division,  to  General  Me  Call: 

WASHINGTON,  Nov.  25,  1S62. 

GENERAL  :  After  the  battle  of  thirtieth  June,  I 
remained  at  Willis's  Church,  with  a  large  num 
ber  of  our  wounded.  The  next  morning  I  was 
directed  by  General  Jackson  (Stonewall)  to  re 
port  to  General  Lee.  I  found  General  Lee  in 
company  with  Generals  Longstreet,  Magruder, 
and  Hill,  on  the  New-Market  road.  I  addressed 
General  Lee,  and  informed  him  that  I  was  a 
Federal  surgeon,  and  had  remained  to  care  for 
our  wounded,  and  wished  protection  and  supplies 
for  our  men.  He  promised  supplies,  and  di 
rected  General  Longstreet  to  write  the  necessary 
permit.  At  the  time  I  approached  they  were 
discussing  the  battle  of  the  previous  day,  being 
then  on  the  ground.  General  Longstreet  asked 
me  if  I  was  present.  I  replied  I  was.  He  asked 
what  troops  were  engaged.  I  replied  I  only 
knew  the  division  I  was  connected  with  — 
McCall's  —  which  fought  just  where  we  then 
were.  General  Longstreet  said  :  u  Well,  McCall 
is  safe  in  Richmond  ;  but  if  his  division  had  not 
offered  the  stubborn  resistance  it  did  on  this  road, 
we  would  have  captured  your  whole  army. 
Never  mind,  we'll  do  it  yet." 

On  Thursday,  third  July,  General  Roger  A. 
Pryor  came  into  the  church,  (hospital,)  and  we 
had  a  long  conversation.  He  repeated  in  sub 
stance  what  General  Longstreet  said,  and  spoke  in 
the  highest  terms  of  the  "  pluck  displayed  by 
McCall's  Pennsylvania  troops." 

The  interest  I  felt  in  the  reserve  corps  mado 
me  careful  to.  remember  these  acknowledgments 
of  the  rebel  generals. 

I  have  the  honor  to  be  your  obedient  servant, 

N.  F.  MARSH, 
Surgeon  Fourth  Pennsylvania  Cavalrj. 


AI.KX  AN  1  )  I-',  I!     II      ST  EPH  !•',  N  S 


DOCUMENTS. 


675 


Surgeon,  James  R.  Riley,  (now  of}  the  One  Hun 
dred  and  Twenty -seventh  Regiment  Pennsylva 
nia  Volunteers,  to  General  He  Call : 

WASHINGTON,  Jan.  16, 1863. 

GENERAL  :  On  the  eighteenth  of  December, 
1862.  I  was  engaged  dressing  the  stump,  having 
previously  amputated  the  leg  of  Captain 


(name  not  recollected,)  of  the  Twelfth  Mississippi 
regiment,  who  had  been  wounded  at  the  battle 
of  Fredericksburgh,  when  he  asked  me  what  corps 
I  belonged  to.  I  replied  the  Pennsylvania  re 
serves.  He  said  he  had  been  in  seventeen  bat 
tles,  and  in  all  those  on  the  Peninsula ;  that  if 
the  Pennsylvania  reserves  had  not  fought  so  well 
at  Mechanicsville,  where  they  had  their  best 
troops,  and  again  at  New-Market  Cross-Roads, 
the  confederates  would  have  captured  McClel- 
lan's  army.  JAMES  R.  RILEY, 

Burgeon  One  Hundred  and  Twenty-seventh  Pennsylvania  Vol 
unteers,  late  Pennsylvania  Reserves. 

Colonel  Everard  Bierer,  One  Hundred  and  Sev 
enty-first  Regiment  Pennsylvania  Volunteers, 
to  General  He  Call: 

[Extract.] 

WASHINGTON,  Dec.  6, 18(52. 

GENERAL:  About  the  middle  of  July  last, 
while  I  was  a  Captain  of  the  Eleventh  Pennsyl 
vania  reserves,  and  a  prisoner  in  Richmond,  I 
was  called  on  by  David  M.  Whaley,  Major  of  the 
Fifth  Texas  regiment.  He  was  born  and  raised 
in  Fayette  County,  Pennsylvania,  where  I  reside. 
We  were  companions  in  boyhood,  and  school 
mates.  He  was  also  known  to  Major  Johns,  of 
my  regiment,  then  present.  About  eleven  years 
ago  he  went  to  Texas.  He  told  me  he  had  been 
in  the  battles  in  front  of  Richmond,  and  that  he 
never  saw  better  fighting  than  that  of  the  Penn 
sylvania  reserves.  He  stated  that  at  the  battle 
of  Mechanicsville,  the  confederates  were  repulsed 
at  every  point,  and  that  their  loss  was  very 
heavy,  about  two  thousand  killed  and  wounded. 
He  was  astonished  when  I  told  him  our  loss  was 
only  about  two  hundred.  Though  in  the  rebel 
service,  Major  Whaley  is  a  gentleman  of  high  in 
tegrity,  and  perfectly  reliable,  as  I  believe. 
EVERARD  BIERER, 

Colonel  One  Hundred  and  Seventy-first  Pennsylvania  Militia. 
STATEMENT  OF  OFFICERS  OF  THE  RESERVE  CORPS. 

We,  the  undersigned  officers  of  the  Pennsylva 
nia  reserves,  (McCall's  division,)  who  fought  in 
the  battle  of  the  thirtieth  of  June,  1862,  va 
riously  called  the  battle  of  Nelson's  Farm,  Glen- 
dale,  and  New-Market  Cross-Roads,  do  hereby 
distinctly  state  that  our  division  was  not  routed 
in  that  battle  ;  and  that,  although  a  temporary 
reverse  was  sustained  by  Seymour's  brigade 
early  in  the  day,  the  division  was  at  no  time 
completely  routed. 

GEO.  G.  MEADE,  Major-General. 

R.  BIDDLE  ROBERTS,  Colonel  Commanding  First 
regiment. 

WM.  McCANDLESS,  Colonel  Commanding  Sec 
ond  regiment. 

H.  G.  SICKEL,  Colonel  Commanding  Third  regi 
ment 


A.  L.  MAGILTON,  Colonel  Commanding  Fourth 
regiment. 

J.  W.  FISHER,  Colonel  Commanding  Fifth  regi 
ment. 

(The  Sixth  regiment  was  not  in  the  battle.) 

H.  C.  BOLLINGER,  Colonel  Commanding  Seventh 
regiment. 

GEO.  S.  HAYS,  Colonel  Commanding  Eighth 
regiment. 

JOHN  CUTHBERTSON,  Captain  in  command  (pro 
tern.}  Ninth  regiment. 

A.  J.  WARNER,  Lieutenant-Colonel  Command 
ing  Tenth  regiment. 

(Eleventh  regiment  not  engaged  in  the  battle.) 

JOHN  H.  TAGGART,  Colonel  Commanding 
Twelfth  regiment. 

ROY  STONE,  Major  Commanding  Rifle  regiment. 

E.  C.  BAIRD,  Captain  and  Assistant  Adjutant- 
General,  Meade's  brigade. 

J.  C.  CLARK,  Captain  and  Assistant  Adjutant- 
General,  Seymour's  brigade. 

ROBERT  ANDERSON,  Lieut. -Col.  Ninth  regiment. 

PETER  BALDY,  Lieut. -Col.  Twelfth  regiment. 

J.  McK.  SNODGRASS,  Major,  now  commanding 
Ninth  regiment. 

IRA  AVER,  Acting  Major  Tenth  regiment. 

I.  G.  HENRY,  Captain  Eighth  regiment. 

D.  S.  PORTER,  Captain  First  regiment. 

WM.  COOPER  TALLEY,  Captain  First  regiment. 

THOMAS  F.  B.  TAPPER,  Capt.  Fourth  regiment 

I.  LENHART,  Captain  Third  regiment. 

L.  B.  SPENCE,  Captain  Seventh  regiment. 

WILLIAM  BROOK,  Captain  Eighth  regiment. 

A.  G.  OLIVER,  Captain  Twelfth  regiment. 

JAMES  H.  LARRIMER,  Captain  Fifth  regiment. 

ALFRED  M.  SMITH,  Captain  Fifth  regiment. 

C.  BARNES,  Captain  Ninth  regiment. 

HARTLEY  HOWARD,  Captain  Ninth  regiment. 

JNO.  H.  BALLENTYNE,  Captain  Ninth  regiment. 

HENRY  GEHREN,  Captain  Ninth  regiment. 

H.  C.  DAWSON,  Captain  Eighth  regiment. 

WILLIAM  LEMON,  Captain  Eighth  regiment. 

N.  0.  D.  ADAIR,  Captain  and  C.  S. 

F.  P.  ARMSDEN,  Captain  Artillery,  Command 
ing  battery  G. 

JAMES  A.  MCPHERSON,  Captain  Fifth  regiment. 
RICHARD  ELLIS,  Captain  Second  regiment 
And  many  others. 


Doc.  95. 
ALEXANDER   H.  STEPHENS'S   LETTER 

ON     MARTIAL      LAW      AND      MILITARY      USURPATION, 

RICHMOND,  Va.,  September  8. 

To  Hon.  James  H.  Calhoun,  Atlanta,  Ga.  : 
DEAR  SIR:  Your  letter  of  the  twenty-eighth 

lit,  to  Hon.  B.  H.  Hill,  was  submitted  to  me 
by  him  a  few  days  ago  for  my  views  as  to  the 
proper  answer  to  be  made  to  your  several  in 
quiries  touching  your  powers  and  duties  in  the 
office  of  civil  governor  of  Atlanta,  to  which  you 

lave  been  appointed  by  General  Bragg.  I  took 
the  letter  with  the  promise  to  write  to  you  fully 
upon  the  whole  subject.  This,  therefore,  is  the 


678 


REBELLION   RECORD,  1863-68. 


object  of  my  now  writing  to  you.  I  regret  the 
delay  that  has  occurred  in  the  fulfilment  of  my 
promise.  It  has  been  occasioned  by  the  press  of 
other  engagements,  and  I  now  find  my  time  too 
short  to  write  as  fully  as  I  could  wish.  The  sub 
ject  is  one  of  great  importance,  and  this,  as  well 
as  matters  of  a  kindred  sort,  have  given  me  deep 
concern  for  some  time  past. 

I  am  not  at  all  surprised  at  your  being  at  a 
loss  to  know  what  your  powers  and  duties  are 
in  your  new  position,  and  your  inability  to  find 
any  thing  in  any  written  code  of  laws  to  enlight 
en  you  upon  them.  The  truth  is,  your  office  is 
unknown  to  the  law.  General  Bragg  had  no 
more  authority  for  appointing  you  civil  gover 
nor  of  Atlanta  than  I  had,  and  I  had  or  have  no 
more  authority  than  any  street-walker  in  your 
city.  Under  his  appointment,  therefore,  you 
can  rightfully  exercise  no  more  power  than  if 
the  appointment  had  been  made  by  a  street 
walker. 

We  live  under  a  constitution.  That  constitu 
tion  was  made  for  war  as  well  as  peace.  Under 
that  constitution  we  have  civil  laws  and  military 
laws  ;  laws  for  the  civil  authorities  and  laws  for 
the  military.  The  first  are  to  be  found  in  the 
statutes  at  large,  and  the  latter  in  the  Rules  and 
Articles  of  War.  But  in  this  country  there  is  no 
such  thing  as  martial  law,  and  cannot  be  until 
the  constitution  is  set  aside — if  such  an  evil  day 
shall  ever  come  upon  us.  All  the  law-making 
power  in  the  confederate  States  government  is 
vested  in  Congress.  But  Congress  cannot  de 
clare  martial  law,  which,  in  its  proper  sense,  is 
nothing  but  an  abrogation  of  all  laws.  If  Con 
gress  cannot  do  it,  much  less  can  any  officer  of 
the  government,  either  civil  or  military,  do  it 
rightfully,  from  the  highest  to  the  lowest.  Con 
gress  may,  in  certain  cases  specified,  suspend  the 
writ  of  habeas  corpus  ;  but  this  by  no  means  in 
terferes  with  the  administration  of  justice  so  far 
as  to  deprive  any  party  arrested  of  his  right  to  a 
speedy  and  public  trial  by  a  jury,  after  indict 
ment,  etc.  It  does  not  lessen  or  weaken  the 
right  of  such  party  to  redress  for  an  illegal  arrest. 
It  does  not  authorize  arrests  except  upon  oath 
or  affirmation  upon  probable  cause.  It  only  se 
cures  the  party  beyond  misadventure  to  appear 
in  person  to  answer  the  charge  and  prevent  pre 
liminary  inquiry  as  to  the  formality  or  legality 
of  his  arrest.  It  does  not  infringe  or  impair  his 
other  constitutional  rights.  These  Congress  can 
not  impair  by  law.  The  constitutional  guaran 
tees  are  above  and  beyond  the  reach  or  power  of 
Congress,  and  much  more,  if  it  could  be,  above 
and  beyond  the  power  of  any  officer  of  the  gov 
ernment.  Your  appointment,  therefore,  in  my 
opinion,  is  simply  a  nullity.  You,  by  virtue  of 
it,  possess,  no  rightful  authority,  and  can  exer 
cise  none.  The  order  creating  you  civil  governor 
at  Atlanta  was  a  most  palpable  usurpation.  I 
speak  of  the  act  only  in  a  legal  and  constitution 
al  sense;  not  of  the  motive  that  prompted  it. 
But  a  wise  people,  jealous  of  their  rights,  would 
do  well  to  remember,  as  Delolme,  so  well  ex 
presses  it,  that  "  such  acts,  so  laudable  when  we 


only  consider  the  motive  of  them,  make  a  breach 
at  which  tyranny  will  one  day  enter,"  if  quietly 
submitted  to  long. 

Now,  then,  my  opinion  is,  if  any  one  be  brought 
before  you  for  punishment  for  selling  liquor  to 
a  soldier,  or  any  other  allegation,  where  there  is 
no  law  against  it,  no  law  passed  by  the  proper 
law-making  power,  either  state  or  confederate, 
and  where  as  a  matter  of  course  you  have  no  le 
gal  or  rightful  authority  to  punish  either  by  fine, 
corporeally,  etc.,  you  should  simply  make  this 
response  to  the  one  who  brings  him  or  her,  as 
the  case  may  be,  that  you  have  no  jurisdiction 
of  the  matter  complained  of. 

A  British  Queen  (Anne)  was  once  urged  by  the 
Emperor  of  Russia  to  punish  one  of  her  officers 
for  what  his  majesty  considered  an  act  of  indig 
nity  to  his  ambassador  to  her  court,  though  the 
officer  had  violated  no  positive  law.  The  Queen's 
memorable  reply  way  that  u  she  could  inflict  no 
punishment  upon  any — the  meanest  of  her  sub 
jects — unless  warranted  by  the  law  of  the  land." 
This  is  an  example  you  might  well  imitate.  For 
I  take  it  for  granted  that  no  one  will  pretend 
that  any  general  in  command  of  our  armies 
could  confer  upon  you  or  any  body  greater  pow 
ers  than  the  ruling  sovereign  of  England  pos 
sesses  in  like  cases  under  similar  circumstances. 
The  case  referred  to  in  England  gave  rise  to  a 
change  of  the  law.  After  that  an  act  was  pass 
ed  exempting  foreign  ministers  from  arrest.  So 
with  us.  If  the  proper  discipline  and  good  or 
der  of  the  army  require  that  the  sale  of  liquor  to 
a  soldier  by  a  person  not  connected  with  the 
army  should  be  prohibited,  (which  I  do  not  mean 
to  question  in  the  slightest  degree,)  let  the  pro 
hibition  be  declared  by  law,  passed  by  Congress, 
with  the  pain  and  penalties  for  a  violation  of  it, 
with  the  mode  and  manner  of  trying  the  offence 
plainly  set  forth.  Until  this  is  done  no  one  has 
any  authority  to  punish  in  such  cases  ;  and  any 
one  who  undertakes  to  do  it  is  a  trespasser  and 
a  violator  of  the  law.  Soldiers  in  the  service,  as 
well  as  the  officers  are  subject  to  the  Rules  and 
Articles  of  War,  and  if  they  commit  any  offence 
known  to  the  military  code  therein  prescribed, 
they  are  liable  to  be  tried  and  punished  accord 
ing  to  the  law  made  for  their  government.  If 
these  Rules  and  Articles  of  War,  or,  in  other 
words,  if  the  military  code  for  the  government  of 
the  army  is  defective  in  any  respect,  it  ought  to 
be  amended  by  Congress.  There  alone  the  pow 
er  is  vested.  Neither  generals  nor  their  provost- 
marshals  have  any  power  to  make,  alter,  or  modi 
fy  laws,  either  military  or  civil,  nor  can  they  tte- 
clare  what  shall  be  crimes,  either  military  or 
civil,  or  establish  any  tribunal  to  punish  what 
they  may  so  declare.  All  these  matters  belong 
to  Congress,  and  I  assure  you,  in  my  opinion, 
nothing  is  more  essential  to  the  maintenance  and 
preservation  of  constitutional  liberty  than  that 
the  military  be  ever  kept  subordinate  to  the  civil 
authorities. 

You  then  have  my  views  hastily  but  pointedly 
given.  Yours,  most  respectfully, 

ALEX.  H.  STEPHENS. 


DOCUMENTS. 


677 


Doc.  96. 
REPOSSESSION   OF   NORFOLK,  YA. 

IXTRACT  PROM  A  LETTER  OF  GEN.  EGBERT  L.  VIELE 

NORFOLK,  VA.,  May  10,  1862. 

MY  DEAR  SIR  :  The  marked  events  of  the  past 
week,  and  the  most  gratifying  and  important  re 
suits  accomplished,  are  well  known  to  you,  as 
well  as  to  the  public  at  large  ;  yet  the  motive 
power  to  which  these  effects  are  due,  is  not  so  ap 
parent.  I  propose  in  a  few  words  to  give  you 
some  of  the  details,  from  which  you  can  judge  for 
yourself  how  much  can  be  brought  about  by  in 
dividual  earnestness  and  determination.  The 
transfer  of  the  troops  under  McClellan  from  the 
Potomac  to  the  Peninsula,  and  the  anomalous 
condition  of  affairs  at  Fortress  Monroe,  produced 
a  natural  desire  on  the  part  of  the  President  and 
the  leading  members  of  the  Cabinet,  to  visit  that 
locality  for  purposes  of  inspection,  and  to  infuse 
new  vigor  into  military  operations  in  that  vicinity. 
The  Secretary  of  the  Treasury  having  placed  at 
the  disposal  of  the  President,  with  this  view,  the 
revenue-cutter  Miami,  it  was  arranged  that  him 
self,  the  President,  and  Secretary  of  War,  should 
leave  Washington,  on  Monday,  the  fifth  of  May. 
I  was  invited  by  Mr.  Stanton  to  accompany  the 
party.  We  left  the  Navy- Yard,  in  Washington, 
at  about  six  o'clock  that  evening  ;  the  sail  down 
the  Potomac  was  unattended  with  any  event  of  im 
portance.  The  vessel,  an  English-built,  schooner- 
rigged  propeller,  seemed  almost  intended  for  this 
purpose,  her  arrangements  being  perfect  in  every 
respect. 

We  reached  Hampton  Roads  at  sunset  the  fol 
lowing  day.  The  condition  of  affairs  at  Fortress 
Monroe  was  the  worst  imaginable,  enough  to  appall 
any  but  the  most  energetic  and  determined  minds. 
The  Merrimac  was  the  all  absorbing  topic  afloat 
and  ashore,  every  one  wondering  what  she  would 
do  next.  The  "rebel  monster"  had  become  the 
bete  noir  of  soldiers  and  sailors.  The  lookouts 
at  the  mast-heads,  and  the  sentinels  on  the  para 
pets  were  straining  their  eyes  always  in  the  same 
direction,  toward  the  mouth  of  the  Elizabeth 
River,  eagerly  watching  for  the  appearance  of  the 
low  dark  hulk,  which,  although  long  expected, 
had  yet  come  suddenly  and  spread  devastation  and 
even  absolute  terror/  The  Fortress  bristled  with 
shotted  guns — fifteen  thousand  troops  at  Hamp 
ton  and  Newport  News  were  incessantly  on  the 
qui  vice.  The  harbor  was  filled  with  vessels  of 
war,  lying  for  weeks  under  full  steam,  ready  at 
a  moment's  warning  to  slip  their  cables.  The 
Vanderbilt,  with  her  upper  works  bulk-headed, 
and  her  prow  cased  with  iron,  together  with  a 
number  of  other  swift  steamers,  lay  there  also, 
with  steam  up,  ready  to  rush  in  and  sink'  the  ter 
rible  monster.  I  shall  never  forget  the  sight,  nor 
the  feeling  of  dull  heavy  suspense,  and  even  anx 
iety,  which  seemed  to  pervade  the  minds  of  all  in 
the  fleet  and  the  Fortress.  The  brave  little  Moni 
tor,  (well  compared  to  "a  cheese-box  on  a  raft,") 
flanked  by  the  Galena  and  the  Naugatuck  lying 
out  in  advance,  were  the  only  redeeming  evidences 
of  confidence. 


Such  was  the  state  of  affairs  when  the  Presi 
dent's  party  arrived.  It  was  nine  o'clock  P.M. 
when  we  arrived  ;  a  half-hour  was  sufficient  to 
learn  the  whole  state  of  affairs.  All  ceremony 
was  spared.  Action  was  the  only  thought.  Ac 
cidentally,  Captain  John  Rodgers,  of  the  Navy,  who 
had  served  with  me  at  Port  Royal,  came  on  board 
our  ship  a  few  moments  after  we  landed  at  tho 
wharf.  I  introduced  him  to  the  President,  who, 
of  course,  knew  him  by  reputation.  He  was  now 
stationed  in  the  Roads,  in  command  of  the  Galena, 
and  in  course  of  conversation  remarked  that  the 
Galena  being  an  untried  experiment  in  the  way 
of  an  iron-clad  vessel,  there  was  a  good  opening 
up  the  James  River  between  the  Merrimac  and 
the  batteries  to  prove  her  qualities,  expressing  at 
the  same  time  his  want  of  faith  in  her.  The  sug 
gestion  was  that  of  a  brave  and  honest  man. 
"  Why  not  go  at  once  ?"  said  the  President.  "  I 
only  want  the  orders,  sir,"  was  the  reply.  "You 
shall  not  wait  long,"  said  Mr.  Lincoln.  An  im 
mediate  visit  to  Commodore  Goldsborough,  on 
the  Minnesota,  followed.  Unannounced  the  party 
appeared  in  the  cabin  of  the  flag-ship,  and  went 
right  to  work.  The  Flag-Officer  would  not  act 
without  positive  orders  either  from  the  President 
or  the  Secretary  of  the  Navy ;  the  latter  not  being 
at  hand,  the  President  left  the  matter  to  be  de 
cided  by  the  Secretary  of  War  and  the  Treasury. 
The  former,  although  averse  to  interfering  in  tho 
affairs  of  any  department  except  his  own,  saw  the 
matter  in  the  light  of  a  military  as  well  as  a  naval 
necessity.  Mr.  Chase  agreeing  with  him,  the  order 
was  given,  and  the  Galena,  left  at  daylight  accom 
panied  by  two  other  gunboats.  Three  days  ear 
lier  they  could  have  gone  direct  to  Richmond. 

It  was  decided  that  the  next  day  a  general  at 
tack  should  be  made  on  the  Merrimac,  the  batter 
ies  at  Sew  ell's  Point  and  Craney  Island,  with  the 
hope  that  the  iron-clad  terror  might  be  tempted 
into  the  channel  where  she  would  be  run  down 
by  the  ram-fleet. 

The  morning  opened  most  auspiciously — the 
President  and  Secretaries  took  their  positions  very 
early  on  the  Rip  Raps,  and  signal  was  given  to  open 
the  battle.  The  fleet  got  under  way  with  their 
decks  cleared  for  action.  The  little  iron-clads 
moved  forward,  followed  by  the  Minnesota  and 
Susquehanna.  The  Merrimac  came  out  at  Sewell'a 
Point  to  meet  them,  accompanied  the  rebel  gun- 
3oats  Yorktown  and  Jamestown.  The  shore  bat 
teries  soon  opened,  and  ten  minutes  after  all,  the 
vessels  were  engaged.  The  sight  and  sound  told 
gloriously  of  awakened  power ;  it  must  have  cheer 
ed  the  hearts  of  those  who  had  so  long  suffered  that 
cruel  and  causeless  suspense  which  an  unknown 
danger  always  produces.  A  great  deal  of  execu- 
;ion  was  done  to  the  shore  batteries  as  well  as  to 
he  Merrimac.  She  did  not  venture  into  the  chan 
nel,  however.  Our  show  of  strength  was  too 
*reat  for  her,  and  she  lost  the  chance  of  being 
spared  the  inglorious  fate  which  afterward  befel 
icr. 

The  attention  of  the  Executive  party  was  now 
engrossed  in  the  discussion  of  an  attack  upon  the 
iity  of  Norfolk.  The  position  occupied  by  that 


•76 


REBELLION  RECORD,  1862-63. 


city  has  always  been  regarded  as  one  of  the  most 
important  points  on  the  Atlantic  coast,  unrivalled 
either  in  a  commercial  or  strategic  point  of  view. 
A  capacious  harbor,  of  easy  access,  and  abundant 
depth  of  water,  surrounded  by  a  fertile  and  thick 
ly  settled  agricultural  district,  through  which 
there  are  admirable  facilities  for  land  and  water 
communications,  coupled  with  the  abundant  sup- 

Elies  of  naval  stores  which  the  country  affords, 
ave  caused  it  to  be  justly  considered,  both  in 
peace  and  war,  a  point  cCappui.  Its  capture  by 
the  British  in  1779,  and  the  naval  attack  by  the 
same  nation  in  1812,  had  made  the  place  histori 
cal,  even  if  the  extraordinary  events  of  which  it 
has  been  the  theatre  during  the  present  rebellion 
had  never  occurred.  So  essential  was  its  posses 
sion  to  the  conspirators  against  the  Government 
in  the  projection  of  their  infamous  designs,  that 
while  with  lying  lips,  professing  undeviating  loy 
alty,  the  citizens  of  Virginia,  aided  by  imbecile  or 
traitorous  officials,  seized  the  Government  pro 
perty  in  the  harbor,  together  with  the  Navy -Yard, 
a  vast  amount  of  naval  stores,  and  several  vessels 
of  war ;  thus  at  one  stroke  possessing  themselves 
of  the  means,  without  which,  it  is  probable  the 
rebellion  could  not  have  sustained  itself  six 
months. 

The  first  troops  organized  in  Louisiana,  Ala 
bama,  and  Georgia  by  the  rebels  were  pushed 
forward  to  this  point.  Its  defence  was  at  no 
time  intrusted  to  Virginians,  a  fact  illustrating  a 
want  of  confidence  on  the  part  of  the  leaders, 
either  in  the  courage  or  fidelity  of  the  duped 
people  of  that  State. 

The  peninsulated  position  both  of  Norfolk  and 
Portsmouth,  flanked  on  either  side  by  deep  estu 
aries,  furnished  the  basis  for  an  admirable  system 
of  defence.  Across  the  gorge  of  each  peninsula 
was  thrown  a  series  of  redoubts  connected  by  a 
curtain,  forming  a  continuous  line  of  breastworks, 
in  one  case  two  miles  and  a  quarter  and  in  the 
other  one  mile  and  three  quarters  in  length.  On 
the  water- side  bomb-proof  batteries  were  erected, 
and  on  each  side  of  the  harbor  (or,  as  it  is  called, 
Elizabeth  River)  a  continuous  series  of  forts  and 
earth-works  existed  as  far  as  Hampton  Roads, 
making,  with  the  land  and  water  defences  a  most 
formidable  stronghold,  which,  in  the  hands  of 
skilful  and  determined  men,  could  have  with 
stood  a  prolonged  attack  from  a  very  large  force. 
Twenty-nine  guns  were  mounted  on  the  in 
trenched  lines  in  rear  of  Norfolk  ;  twenty-one 
on  the  intrenched  lines  back  of  Portsmouth  ;  ten 
in  the  navy-yard  batteries ;  eleven  at  the  naval 
hospital  ;  in  the  casemated  battery  covering 
the  river  obstructions,  fifteen  guns  ;  on  Craney 
Island,  thirty-nine ;  at  the  Pig's  Point  battery, 
seventeen  ;  at  Sewell's  Point,  forty  ;  at  Tanner's 
Point,  five  ;  and  at  Fort  Norfolk,  nine  ;  besides 
other  breastworks  at  all  assailable  points,  there 
were  two  hundred  guns  in  position  bearing  upon 
all  the  land  and  water  approaches,  with  the  iron 
clad  Merrimac  in  the  harbor  and  from  fifteen  to 
twenty  thousand  men  on  the  fortifications.  This 
was  the  position  it  was  determined  should  be  oc 
cupied  by  our  droops  encamped  around  Fortress  < 


Monroe.  Orders  were  given  for  every  corps  and 
regiment  to  hold  itself  in  readiness,  and  in  the 
mean  while  the  plans  of  attack  were  being  dis 
cussed.  Of  course  there  were  many  different 
routes  and  methods  suggested,  many  of  which 
had  been  under  discussion,  by  those  who  had 
been  stationed  at  the  Fortress,  for  some  time, 
although  the  sequel  showed  that  the  discussions 
had  not  been  based  upon  that  accurate  topo 
graphical  information  which  ought  to  have  been 
obtained.  One  of  the  plans  was  to  march  to 
Newport  News,  and  crossing  the  James  River  at 
night,  march  upon  Suffolk,  and  thence  upon 
Portsmouth  in  the  rear.  Another  was  to  land 
in  the  rear  of  Sewell's  Point,  and  after  taking 
that  work  by  storm  to  march  on  to  Norfolk  in 
the  rear.  A  plan  that  suggested  itself  to  me,  to 
land  at  a  place  called  Pleasant  Point,  on  the  shore 
of  Chesapeake  Bay,  about  eighteen  miles  from 
Norfolk,  was  met  by  the  statement  that  the  water 
was  too  shoal  for  more  than  a  mile  for  vessels, 
and  yet  too  deep  for  wading.  Nevertheless,  the 
relative  position  of  that  point  to  Norfolk  seemed 
so  desirable,  that  Secretary  Chase  determined  to 
accompany  me  the  next  morning  on  a  reconnois- 
sance  in  that  direction,  to  ascertain  for  ourselves 
its  feasibility  as  a  landing  point  for  the  troops. 
The  Miami  was  called  into  service,  and  accompa 
nied  by  a  light-draught  tug,  we  proceeded  to  with 
in  about  a  mile  of  the  shore.  The  Miami  opened 
her  ports,  while  our  party  (General  Wool  and 
Colonel  Cram,  of  his  staff,  having  accompanied 
us)  embarked  on  the  tug  and  cautiously  ap 
proached  the  shore.  Much  to  our  surprise,  we 
found  an  abundant  draught  of  water  to  within  a 
stone's  throw  of  the  beach.  Colonel  Cram  and 
Captain  M.  proceeded  in  a  small  boat  to  the  shore. 
Their  imaginations  getting  the  better  of  them, 
they  conceived  the  presence  of  a  body  of  the  en 
emy,  which,  in  the  end,  proved  to  be  a  party  of 
women  and  children  who  came  to  the  shore  with 
a  white  flag  to  welcome  us.  From  them  we 
learned  that  the  pickets  had  retired  on  our  ap 
proach,  and  that  there  were  no  troops  in  the  im 
mediate  vicinity.  No  time  was  lost  in  communi 
cating  the  result  of  the  reconnoissance.  The 
Secretary  of  War  gave  immediate  orders  for  the 
embarkation  of  the  troops  :  the  regiments  that 
were  to  take  part  in  the  expedition  embarking 
during  the  night  in  light-draught  barges,  which 
were  to  be  towed  over  to  the  place  selected  for  a 
landing,  so  that  the  debarkation  would  take  place 
at  daylight,  followed  by  an  immediate  inarch  upon 
Norfolk. 

To  Colonel  Cram,  the  Topographical  Engineer, 
was  assigned  the  duty  of  disembarking  the  troops, 
which  he  accomplished  with  a  great  deal  of  skill, 
constructing,  during  the  night,  of  canal-barges  an 
excellent  wharf,  upon  which  the  troops  were 
landed  direct  from  steamers. 

The  first  landing  was  effected  at  daybreak  on 
the  tenth,  and  two  regiments  of  infantry,  under 
General  Webber,  were  immediately  thrown  for 
ward  to  seize  the  Indian  Poll  bridge,  over  Tan 
ner's  Creek.  On  arriving  at  the  bridge,  a  battery 
opened  fire  on  the  advance,  under  cover  of  which 


DOCUMENTS. 


679 


the  bridge  was  set  on  fire,  and  further  progress 
in  that  direction  prevented.  At  this  moment  I 
arrived  at  the  head  of  the  column  with  Secretary 
Chase,  General  Mansfield  having  just  preceded 
us  with  two  more  infantry  regiments,  being  in 
command  of  the  advance. 

An  unnecessary  confusion  had  arisen  through 
some  misapprehension  of  orders.  I  was  very 
much  struck  with  the  facility  with  which  Secre 
tary  Chase,  without  any  pretension  to  military 
knowledge,  comprehended  at  a  glance  the  whole 
situation  of  affairs.  The  presence  of  an  enemy 
in  any  force  at  this  moment,  I  regret  to  say, 
must  have  resulted  to  our  disadvantage.  Seeing 
this,  Mr.  Chase  at  once  assumed  the  responsibili 
ty  of  ordering  a  rapid  advance  to  the  left  in  the 
direction  of  the  intrenchments,  placing  me  at  the 
same  time  in  command  of  the  advance.  In  an 
instant  the  column,  under  the  influence  of  a  di 
recting  hand,  stepped  quickly  and  gladly  into 
position.  I  have  since  often  thought  how  many 
of  our  disasters  have  been  owing  to  a  want  of 
prompt  action  at  just  such  a  moment  as  this. 

General  Wool  now  arrived  and  accompanied 
us  on  the  way.  The  heat  was  excessive,  and  the 
troops  during  the  march  suffered  a  good  deal. 

At  four  o'clock  P.M.  we  came  in  view  of  the 
formidable  line  of  intrenchments,  two  miles  in 
extent,  facing  an  open  plain,  over  which  the 
heavy  guns  which  bristled  from  the  parapets 
could  pour  a  raking  and  deadly  fire.  No  guns 
were  fired  and  no  men  were  seen.  A  courier 
met  us  with  the  statement  that  the  works  were 
abandoned,  and  that  the  whole  rebel  force  had 
retreated  across  the  river,  in  the  direction  of 
Richmond. 

Moving  on,  we  came  within  the  lines  of  in 
trenchments  and  approached  the  city.  At  the 
outskirts  we  were  met  by  the  mayor  and  a  dele 
gation  of  citizens  with  a  white  flag,  who  came  to 
surrender  the  town  and  request  protection  for  the 
unarmed  citizens,  women,  and  children.  This 
was  readily  granted,  and  General  Wool,  Secreta 
ry  Chase,  and  myself  accompanied  the  delegation 
to  the  city  hall,  where  the  keys  of  the  public 
buildings  were  surrendered. 

Mr.  Chase  wrote  the  manifesto  assuming  pos 
session  in  behalf  of  the  Government,  which  was 
signed  by  General  Wool,  when,  leaving  me  in 
command  as  Military  Governor,  these  gentlemen 
returned  at  once  to  Fortress  Monroe.  Troops 
were  immediately  sent  across  the  river  to  take 
possession  of  the  navy-yard,  but  it  had  already 
been  set  on  fire,  in  fact  had  been  burning  all  day. 
This  yard  was  one  of  the  oldest  naval  depots  in 
the  country,  and  since  its  original  establishment 
has  been  very  much  enlarged  in  area.  At  the 
time  of  its  abandonment,  in  1861,  it  was  three 
quarters  of  a  mile  long  and  one  quarter  of  a  mile 
ride,  being  by  far  the  most  extensive  and  valu 
able  yard  in  the  possession  of  the  United  States. 
There  was  connected  with  it  a  dry-dock  of  gran- 
'te.  The  yard  was  covered  with  machine-shops, 
dwelling-houses  for  officers,  and  warehouses  of 
many  kinds.  There  were  in  it  two  ship-houses 
entire  and  another  in  process  of  erection,  marine 


barracks,  sail,  gunner,  and  riggers'  lofts,  smith 
and  carpenters'  sheds  and  shops,  timber-sheds, 
machine-shops,  foundries,  dispensaries,  saw-mills, 
boiler-shops,  spar-houses,  provision-houses,  nu 
merous  dwellings,  and  a  large  amount  of  tools 
and  machinery.  There  were  also  great  quanti 
ties  of  material,  provisions,  and  ammunition  of 
every  description.  The  sight  of  this  immense 
and  costly  collection  of  buildings  involved  in  a 
sheet  of  flame  was  singularly  grand. 

Toward  four  o'clock  in  the  morning  of  the 
eleventh,  after  having  worked  all  that  night  in 
placing  my  different  regiments  in  their  camping- 
ground,  I  had  lain  down  for  a  few  moments  in 
the  Custom-House,  when  I  was  suddenly  awak 
ened  by  a  terrific  crash,  shaking  the  house  to  its 
foundation  and  breaking  several  panes  of  glass. 
In  an  instant  the  conviction  flashed  across  my 
mind  that  it  was  an  announcement  of  the  blow 
ing  up  of  the  long-dreaded  and  powerful  Merri- 
mac.  She  had  been  set  on  fire  and  abandoned 
by  her  crew,  large  numbers  of  whom  afterward 
gave  themselves  up  and  took  the  oath  of  allegi 
ance. 

Thus,  without  loss  of  life,  the  Government  re 
sumed  possession  of  this  point,  which  had  so  long 
afforded  the  rebels  the  sinews  of  war,  a  result  no 
less  valuable  on  account  of  its  bloodless  accom 
plishment.  The  rebels  now  bitterly  regret  the 
abandonment  of  their  almost  impregnable  position. 


Very  truly  yours, 


EGBERT  L.  YIELE, 

Brigadier-General  U.  S.  A. 


Doc.  97. 
NEW-JERSEY  PEACE  RESOLUTIONS, 

PASSED   MARCH    18,    1863. 

1.  Be  it  Resolved  by  the  Senate  and  General 
Assembly  of  the  State  of  New- Jersey,  That  this 
State,  in  promptly  answering  the  calls  made  by 
the  President  of  the  United  States,  at  and  since 
the  inauguration  of  the  war,  for  troops  and  means 
to  assist  in  maintaining  the  power  and  dignity  of 
the  Federal  Government,  believed  and  confided 
in  the  professions  and  declarations  of  the  Presi 
dent  of  the  United  States,  in  his  inaugural  ad 
dress,  and  in  the  resolutions  passed  by  Congress 
on  the  twenty-fifth  day  of  July,  1861,  in  which, 
among  other  things,  it  was  declared  "that  the 
war  is  not  waged  for  conquest  or  subjugation,  or 
interfering  with  the  rights  or  established  institu 
tions  of  the  States,  but  to  maintain  and  defend 
the   supremacy   of  the   Constitution,    with    the 
rights   and   equality  under  it   unimpaired,   and 
that  as  soon  as  these  objects  shall  be  accom 
plished  the  war  ought  to  cease  ;"  and  that,  rely 
ing  upon  these  assurances,  given  under  the  sanc 
tity  of  official  oaths,  this  State  freely,  fully,  and 
without  delay  or  conditions,  contributed  to  the 
assistance  of  the  Federal  Government  her  sons 
and  her  means. 

2.  And  le  it  Itesolved,  That  this  State  having 


680 


REBELLION1   RECORD,  1862-63. 


waited  for  the  redemption  of  the  sacred  pledges 
of  the  President  and  Congress  with  a  patience 
and  forbearance  only  equalled  in  degree  by  the 
unfaltering  and  unswerving  bravery  and  fidelity 
of  her  sons,  conceives  it  to  be  her  solemn  duty, 
as  it  is  her  unquestioned  right,  to  urge  upon  the 
President  and  Congress,  in  the  most  respectful 
but  decided  manner,  the  redemption  of  the 
pledges  under  which  the  troops  of  this  State  en 
tered  upon,  and  to  this  moment  have  continued 
in,  the  contest ;  and  inasmuch  as  no  conditions 
have  delayed  nor  hesitation  marked  her  zeal  in 
behalf  of  the  Federal  Government,  even  at  times 
when  party  dogmas  were  dangerously  usurping 
the  place  of  broad  national  principles  and  execu 
tive  and  Congressional  faith  ;  and  as  the  devotion 
of  this  State  to  the  sacred  cause  of  perpetuating 
the  Union  and  maintaining  the  Constitution  has 
been  untainted  in  any  degree  by  infidelity,  bigot 
ry,  sectionalism,  or  partisanship,  she  now,  in 
view  of  the  faith  originally  plighted,  of  the  disas 
ters  and  disgrace  that  have  marked  the  steps  of 
a  changed  and  changing  policy,  and  of  the  immi 
nent  dangers  that  threaten  our  national  exist 
ence,  urges  upon  the  President  and  Congress  a 
return  and  adherence  to  the  original  policy  of 
the  Administration  as  the  only  means,  under  the 
blessing  of  God,  by  which  the  adhering  States 
can  be  reunited  in  action,  the  Union  restored,  and 
the  nation  saved. 

3.  And  be  it  Resolved,  That  it  is  the  deliberate 
sense  of  the  people  of  this  State  that  the  war 
power  within  the  limits  of  the  Constitution  is 
ample  for  any  and  all  emergencies,  and  that  all 
assumption  of  power,  under  whatever  plea,  be 
yond  that  conferred  by  the  Constitution,  is  with 
out  warrant  or  authority,  and  if  permitted  to 
continue  without  remonstrance,  will  finally  en 
compass  the  destruction  of  the  liberties  of  the 
people  and  the  death  of  the  Republic  ;  and  there 
fore,  to  the  end  that  in  any  event  the  matured 
and  deliberate  sense  of  the  people  of  New-Jersey 
may  be  known  and  declared,  we,  their  repre 
sentatives  in  Senate  and  General  Assembly  con 
vened,  do,  in  their  name  and  in  their  behalf, 
make  unto  the  Federal  Government  this  our 
solemn 

PROTEST 

Against  a  war  waged  with  the  insurgent  States 
for  the  accomplishment  of  unconstitutional  or 
partisan  purposes  ; 

Against  a  war  which  has  for  its  object  the  sub 
jugation  of  any  of  the  States,  with  a  view  to  their 
reduction  to  territorial  condition  ; 

Against  proclamations  from  any  source  by 
which,  under  the  plea  of  "  military  necessity," 
persons  in  States  and  Territories  sustaining  the 
Federal  Government,  and  beyond  necessary  mili 
tary  lines,  are  held  liable  to  the  rigor  and  severi 
ty  of  military  laws ; 

Against  the  domination  of  the  military  over 
the  civil  law  in  States,  Territories,  or  districts 
not  in  a  state  of  insurrection  ; 

Against  all  arrests  without  warrant ;  against 
the  suspension  of  the  writ  of  habeas  corpus  in 
States  and  Territories  sustaining  the  Federal 


Government,  "  where  the  public  safety  does  not 
require  it,"  and  against  the  assumption  of  power 
by  any  person  to  suspend  such  writ,  except  un 
der  the  express  authority  of  Congress  ; 

Against  the  creation  of  new  States  by  the  di 
vision  of  existing  ones,  or  in  any  other  manner 
not  clearly  authorized  by  the  Constitution,  and 
against  the  right  of  secession  as  practically  ad 
mitted  by  the  action  of  Congress  in  admitting  as 
a  new  State  a  portion  of  the  State  of  Virginia  ; 

Against  the  power  assumed  in  the  proclama 
tion  of  the  President  made  January  first,  1863, 
by  which  all  the  slaves  in  certain  States  and 
parts  of  States  are  for  ever  set  free ;  and  against 
the  expenditures  of  the  public  moneys  for  the 
emancipation  of  slaves  or  their  support  at  any 
time,  under  any  pretence  whatever  ; 

Against  any  and  every  exercise  of  power  upon 
the  part  of  the  Federal  Government  that  is  not 
clearly  given  and  expressed  in  the  Federal  Con 
stitution — reasserting  that  "the  powers  not  dele 
gated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people." 

4.  And  be  it  Resolved,  That  the  unequalled 
promptness  with  which  New-Jersey  has  respond' 
ed  to  every  call  made  by  the  President  and  Con 
gress  for  men  and  means  has  been  occasioned  by 
no  lurking  animosity  to  the  States  of  the  South 
or  the  rights  of  her  people ;  no  disposition  to 
wrest  from  them  any  of  their  rights,  privileges, 
or  property,  but  simply  to  assist  in  maintaining, 
as  she  has  ever  believed  and  now  believes  it  to 
be  her  duty  to  do,  the  supremacy  of  the  Federal 
Constitution ;  and  while  abating  naught  in  her 
devotion  to  the  Union  of  the  States  and  the  dig 
nity  and  power  of  the  Federal  Government,  at  no 
time  since  the  commencement  of  the  present  war 
has  this  State  been  other  than  willing  to  termi 
nate  peacefully  and  honorably  to  all  a  war  un 
necessary  in  its  origin,  fraught  with  horror  and 
suffering  in  its  prosecution,  and  necessarily  dan 
gerous  to  the  liberties  of  all  in  its  continuance. 

5.  And  be  it  Resolved,  That  the  Legislature  of 
the  State  of  New-Jersey  believes  that  the  ap 
pointment  of  Commissioners  upon  the  part  of  the 
Federal  Government  to  meet  Commissioners  simi 
larly  appointed  by  the  insurgent  States,  to  con 
vene  in  some  suitable  place  for  the  purpose  of 
considering  whether  any,  and  if  any,  what  plan 
may  be  adopted,  consistent  with  the  honor  and 
dignity  of  the  National  Government,  by  which 
the  present  civil  war  may  be  brought  to  a  close, 
is  not  inconsistent  with  the  integrity,  honor,  and 
dignity  of  the  Federal   Government,  but  as  an 
indication  of  the  spirit  which  animates  the  ad 
hering  States,  would  in  any  event  tend  to  strength 
en  us  in  the  opinion  of  other  nations  ;  and  hop 
ing,  as  we  sincerely  do,  that  the  Southern  States 
would  reciprocate  the  peaceful  indications  thus 
evinced,  and  believing,  as  we  do,  that  under  the 
blessing  of  God,  great  benefits  would  arise  from 
such  a  conference,  we  most  earnestly  recommend 
the  subject  to  the  consideration  of  the  Govern 
ment  of  the  United  States,  and  request  its  co 
operation  therein. 


DOCUMENTS. 


681 


6.  And  le  it  Resolved,  That  His  Excellency 
the  Governor  be  requested  to  forward  copies  of 
these  resolutions  to  the  Government  of  the  United 
States,  our  Senators  and  Representatives  in  Con 
gress,  and  to  the  Governors  and  Legislatures  of 
jur  sister  States,  with  the  request  that  they  give 
the  subject  proposed  their  serious  and  immediate 
attention. 

V.  And  le  it  Resolved,  That  the  State  of  New- 
Jersey  pledges  itself  to  such  prompt  action  upon 
the  subject  of  these  resolutions  as  will  give  them 
practical  effect,  immediately  upon  the  concur 
rence  or  cooperation  of  the  Government  and 
Legislatures  of  sister  States. 

PROTEST    OF    THE    NEW-JERSEY    SOLDIERS. 

CAMP  OF  THE  ELEVENTH  NEW-JERSEY  VOLUNTEERS,  ) 
BELOW  FALMOUTH,  VA.,  March  10,  1863.  ) 

Whereas,  The  Legislature  of  our  native  State, 
a  State  hallowed  by  the  remembrance  of  the  bat 
tles  of  Princeton,  Trenton,  and  Monmouth,  fields 
stained  by  the  blood  of  our  forefathers  in  the  es 
tablishment  of  our  Government,  has  sought  to 
tarnish  its  high  honor,  and  bring  upon  it  disgrace, 
by  the  passage  of  resolutions  tending  to  a  dis 
honorable  peace  with  armed  rebels  seeking  to 
destroy  our  great  and  beneficent  Government, 
the  best  ever  designed  for  the  happiness  of  the 
many  ;  and 

Whereas,  We,  her  sons,  members  of  the  Elev 
enth  regiment  New-Jersey  volunteers,  citizens 
representing  every  section  of  the  State,  have  left 
our  homes  to  endure  the  fatigues,  privations,  and 
dangers  incident  to  a  soldier's  life,  in  order  to 
maintain  our  Republic  in  its  integrity,  willing  to 
sacrifice  our  lives  to  that  object ;  fully  recognizing 
the  impropriety  of  a  soldier's  discussion  of  the 
legislative  functions  of  the  State,  yet  deeming  it 
due  to  ourselves,  that  the  voice  of  those  who 
offer  their  all  in  their  country's  cause,  be  heard 
when  weak  and  wicked  men  seek  its  dishonor  ; 
therefore 

Resolved,  That  the  Union  of  the  States  is  the 
only  guarantee  for  the  preservation  of  our  liberty 
and  independence,  and  that  the  war  for  the  main 
tenance  of  that  Union  commands  now,  as  it  ever 
has  done,  our  best  efforts  and  our  heartfelt  sym 
pathy. 

Resolved,  That  we  consider  the  passage,  or 
even  the  introduction  of  the  so-called  Peace  Reso 
lutions,  as  wicked,  weak,  and  cowardly,  tending 
to  aid  by  their  sympathy,  the  rebels  seeking  to 
destroy  the  Republic. 

Resolved,  That  we  regard  as  traitors  alike  the 
foe  in  arms  and  the  secret  enemies  of  our  Gov 
ernment,  who,  at  home,  foment  disaffection  and 
strive  to  destroy  confidence  in  our  legally  chosen 
rulers. 

Resolved,  That  the  reports  spread  broadcast 
throughout  the  North,  by  secession  sympathizers, 
prints,  and  voices,  that  the  army  of  which  we  es 
teem  it  a  high  honor  to  form  a  part,  is  demoral 
ized  and  clamorous  for  peace  on  any  terms,  are 
foe  lying  utterances  of  traitorous  tongues,  and 
Jo  base  injustice  to  our  noble  comrades  who  have 
aever  faltered  in  the  great  work,  and  are  now  not 


only  willing  but  anxious  to  follow  their  gallant 
and  chivalric  leader  against  the  strongholds  of 
the  enemy. 

Resolved,  That  we  put  forth  every  effort,  en 
dure  every  fatigue,  and  shrink  from  no  danger, 
until,  under  the  gracious  guidance  of  a  kind 
Providence,  every  armed  rebel  shall  be  con 
quered,  and  traitors  at  home  shall  quake  with 
fear,  as  the  proud  emblem  of  our  national  indepen 
dence  shall  assert  its  power  from  North  to  South, 
and  crush  beneath  its  powerful  folds  all  who 
dared  to  assail  its  honor,  doubly  hallowed  by  the 
memory  of  the  patriot  dead. 

Robert  McAllister,  Colonel ;  Stephen  Moore, 
Lieutenant-Colonel ;  John  Schoonover,  Adjutant ; 
Garret  Schenck,  Quartermaster ;  E.  Byington, 
Assistant  Surgeon  ;  Geo.  Ribble,  Second  Assist 
ant  Surgeon  ;  Frederick  Knighton,  Chaplain ; 
Luther  Martine,  Captain ;  John  T.  Hill,  Captain  ; 
Wm.  H.  Meeker,  Captain ;  Philip  J.  Kearny, 
Captain ;  Thos.  J.  Halsey,  Captain ;  William  B. 
Dunning,  Captain  ;  S.  M.  Layton,  First  Lieuten 
ant  ;  Ira  M.  Cony,  First  Lieutenant ;  Lott  Bloom- 
field,  First  Lieutenant ;  A.  H.  Ackerman,  First 
Lieutenant ;  Ed.  S.  E.  Newberry,  First  Lieuten 
ant  ;  W.  H.  Lord,  First  Lieutenant ;  Miller  S. 
Lawrence,  First  Lieutenant ;  E.  L.  Kennedy, 
First  Lieutenant ;  Samuel  T.  Sleeper,  First  Lieu 
tenant;  John  Oldershaw,  First  Lieutenant;  S. 
W.  Volk,  Second  Lieutenant ;  E.  R.  Good,  Sec 
ond  Lieutenant ;  John  Sowter,  Second  Lieuten 
ant  ;  Alex.  Beach,  Second  Lieutenant ;  James 
Bulkley,  Second  Lieutenant. 


Doc.  98. 
THE  WAR  POWERS  OF  THE  PRESIDENT, 

MILITARY    ARRESTS,    AND    RECONSTRUCTION    OF 

THE      UNION. 
BY  WILLIAM  WHITING. 

THIS  publication  was  principally  written  in  the 
spring  of  1862,  the  chapter  on  the  operation  of 
the  Confiscation  Act  of  July  seventeenth,  1862, 
having  been  subsequently  added.  Since  that 
time  President  Lincoln  has  issued  his  Emancipa 
tion  Proclamation,  and  several  military  orders, 
operating  in  the  Free  States,  under  which  ques 
tions  have  arisen  of  the  gravest  importance.  The 
views  of  the  author  on  these  subjects  have  been 
expressed  in  several  recent  public  addresses  ; 
and,  if  circumstances  permit,  these  subjects 
may  be  discussed  in  a  future  addition  to  this 
pamphlet. 

To  prevent  misunderstanding,  the  learned 
reader  is  requested  to  observe  the  distinction 
between  emancipating  or  confiscating  slaves,  and 
abolishing  the  laws  which  sustain  slavery  in  the 
slave  States.  The  former  merely  takes  away 
slaves  from  the  possession  and  control  of  their 
masters ;  the  latter  deprives  the  inhabitants  of 
those  States  of  the  lawful  right  of  obtaining,  by 
purchase  or  otherwise,  or  of  holding  slaves. 
Emancipation  or  confiscation  operates  only  upon 
the  slaves  personally ;  but  a  law  abolishing  the 


682 


REBELLION  RECORD,  1862-63. 


right  to  hold  slaves,  in  the  slave  States,  operates 
on  all  citizens  residing  there,  and  effects  a  change 
of  local  law.  If  all  the  horses  now  in  Massachu 
setts  were  to  be  confiscated,  or  appropriated-  by 
Government  to  public  use,  though  this  proceeding 
would  change  the  legal  title  to  these  horses,  it 
would  not  alter  the  laws  of  Massachusetts  as  to 
personal  property  ;  nor  would  it  deprive  our  citi 
zens  of  the  legal  right  to  purchase  and  use  other 
horses. 

The  acts  for  confiscation  or  emancipation  of 
enemy's  slaves,  and  the  President's  Proclama 
tion  of  the  twenty-second  of  September,  do  not 
abolish  slavery  as  a  legal  institution  in  the  States ; 
they  act  upon  persons  held  as  slaves ;  they  alter 
no  local  laws  in  any  of  the  States ;  they  do  not 
purport  to  render  slavery  unlawful ;  they  merely 
seek  to  remove  slaves  from  the  control  of  rebel 
masters.  If  slavery  shall  cease  by  reason  of  the 
legal  emancipation  of  slaves,  it  will  be  because 
slaves  are  removed;  nevertheless,  the  laws  that 
sanction  slavery  may  remain  in  full  force.  The 
death  of  all  the  negroes  on  a  plantation  would  re 
sult  in  a  total  loss  to  the  owner  of  so  much 
"  property  ;"  but  that  loss  would  not  prevent  the 
owner  from  buying  other  negroes,  and  holding 
them  by  slave  laws.  Death  does  not  interfere 
with  the  local  law  of  property.  Emancipation 
and  confiscation,  in  like  manner,  do  not  necessa 
rily  interfere  with  local  law  establishing  slavery. 

The  right  to  liberate  slaves,  or  to  remove  the 
condition  or  status  of  slavery,  as  it  applies  to  all 
slaves  living  at  any  one  time,  or  the  right  to 
abolish  slavery  in  the  sense  of  liberating  all  ex 
isting  slaves,  is  widely  different  and  distinct  from 
the  right  of  repealing  or  annulling  the  laws  of 
States  which  sanction  the  holding  of  slaves. 
State  slave  laws  may  or  may  not  be  beyond  the 
reach  of  the  legislative  powers  of  Congress  ;  but 
if  they  are,  that  fact  would  not  determine  the 
question  as  to  the  right  to  emancipate,  liberate, 
or  to  change  the  relation  to  their  masters  of 
slaves  now  living;  nor  the  question  as  to  the 
right  of  abolishing  slavery,  in  the  sense  in  which 
this  expression  is  used  when  it  signifies  the  lib 
eration  of  persons  now  held  as  slaves,  from  the 
operation  of  slave  laws ;  while  these  laws  are 
still  left  to  act  on  other  persons  who  may  be 
hereafter  reduced  to  slavery  under  them. 

It  is  not  denied  that  the  powers  given  to  the 
various  departments  of  government  are  in  gene 
ral  limited  and  defined ;  nor  is  it  to  be  forgotten 
that  "the  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it 
to  the  States,  are  reserved  to  the  States  respect 
ively,  or  to  the  people."  (Const.  Amendment, 
Art.  X.)  But  the  powers  claimed  for  the  Presi 
dent  and  for  Congress,  in  this  essay,  are  believed 
to  be  delegated  to  them  respectively  under  the 
Constitution,  expressly  or  by  necessary  implica 
tion. 

The  learned  reader  will  also  notice,  that  the 
positions  taken  in  this  pamphlet  do  not  depend 
upon  the  adoption  of  the  most  liberal  construc 
tion  of  the  Constitution,  Art.  I.  Sect.  8,  Cl.  1, 
which  is  deemed  by  eminent  statesmen  to  con 


tain  a  distinct,  substantive  power  to  pass  all  laws 
which  Cong) ess  shall  judge  expedient  "to  pro 
vide  for  the  common  defence  and,  general  welfare." 
This  construction  was  held  to  be  the  true  one  by 
many  of  the  original  framers  of  the  Constitution 
and  their  ass'ociates ;  among  them  was  George 
Mason  of  Virginia,  who  opposed  the  adoption  of 
the  Constitution  in  the  Virginia  Convention,  be 
cause,  among  other  reasons,  he  considered  that 
the  true  construction.  (See  Elliott's  Debates, 
vol.  ii.  327,  328.)  Thomas  Jefferson  says,  (Jef 
ferson's  Correspondence,  vol.  iv.  p.  306,)  that  this 
doctrine  was  maintained  by  the  Federalists  as  a 
party,  while  the  opposite  doctrine  was  maintain 
ed  by  the  Republicans  as  a  party.  Yet  it  is  true 
that  several  Federalists  did  not  adopt  that  view, 
but  Washington,  Adams,  Jefferson,  Madison, 
Monroe,  Hamilton,  Mason,  and  others,  were  quite 
at  variance  as  to  the  true  interpretation  of  that 
much  contested  clause.  Southern  statesmen, 
drifting  toward  the  State  rights  doctrines,  as 
time  passed  on,  having  generally  adopted  the 
strictest  construction  of  the  language  of  that 
clause;  but  it  has  not  yet  been  authoritatively 
construed  by  the  Supreme  Court.  Whatever  may 
be  the  extent  or  limitation  of  the  power  conveyed 
in  this  section,  it  is  admitted  by  all  that  it  con 
tains  the  power  of  imposing  taxes  to  an  unlimited 
amount,  and  the  right  to  appropriate  the  money 
so  obtained  to  "  the  common  defence  and  public 
welfare."  Thus  It  is  obvious,  that  the  right  to 
appropriate  private  property  to  public  use,  and 
to  provide  compensation  therefor,  as  stated  in 
Chapter  I.  ;  the  power  of  Congress  to  confiscate 
enemy's  property  as  a  belligerent  right ;  the  pow 
er  of  the  President,  as  commander-in-chief,  as  an 
act  of  war,  to  emancipate  slaves  ;  or  the  power 
of  Congress  to  pass  laws  to  aid  the  President,  in 
executing  his  military  duties,  by  abolishing  slav 
ery,  or  emancipating  slaves,  under  Art.  I.  Sect. 
8,  Cl.  18,  as  war  measures,  essential  to  save  the 
country  from  destruction,  do  not  depend  upon 
the  construction  given  to  the  disputed  clause 
above  cited. 

It  will  also  be  observed,  that  a  distinction  ia 
pointed  out  in  these  pages  between  the  legislative 
powers  of  Congress,  in  time  of  peace,  and  in  time 
of  war.  Whenever  the  words  il  the  common  de 
fence"  are  used,  they  are  intended  to  refer  to  a 
time,  not  of  constructive  war,  but  of  actual  open 
hostility,  which  requires  the  nation  to  exert  its 
naval  and  military  powers  in  self-defence,  to  save 
the  government  and  the  country  from  destruc 
tion. 

The  Introduction,  and  Chapters  I.  and  VIIL, 
should  be  read  in  connection,  as  they  relate  to 
the  same  subject ;  and  the  reader  will  bear  in 
mind  that,  in  treating  of  the  powers  of  Congress 
in  the  first  chapter,  it  is  not  asserted  that  Con 
gress  have,  without  any  public  necessity  justify 
ing  it,  the  right  to  appropriate  private  property 
of  any  kind  to  public  use.  There  must  always 
be  a  justifiable  cause  for  the  exercise  of  every 
delegated  power  of  legislation. 

It  is  not  maintained  in  these  pages  that  Con 
gress,  in  time  of  peace,  has  the  right  to  aoolish 


DOCUMENTS. 


683 


slavery  in  the  States,  by  passing  laws  rendering 
the  holding  of  any  slaves  therein  illegal,  so  long 
as  slavery  is  merely  a  household  or  family  or 
domestic  institution,  and  so  long  as  its  existence 
and  operation  are  confined  to  the  States  where  it 
is  found,  and  concern  exclusively  the  domestic 
affairs  of  the  slave  States  ;  and  so  long  as  it  does 
not  conflict  with  or  affect  the  rights,  interests, 
duties,  or  obligations  which  appertain  to  the 
affairs  of  the  nation,  nor  impede  the  execution 
of  the  laws  and  Constitution  of  the  United  States, 
nor  conflict  with  the  rights  of  citizens  under 
them.  Yet  cases  might  arise  in  which,  in  time 
of  peace,  the  abolishment  of  slavery  might  be  ne 
cessary,  and  therefore  would  be  lawful,  in  order 
to  enable  Congress  to  carry  into  effect  some  of 
the  express  provisions  of  the  Constitution,  as  for 
example,  that  contained  in  Art,  IV.  Sect.  4,  Cl. 
1,  in  which  the  United  States  guarantee  to  every 
State  in  this  Union  a  republican  form  of  govern 
ment  ;  or  that  contained  in  Art.  IV.  Sect.  2,  CL 
1,  which  provides  that  citizens  of  each  State  shall 
be  entitled  to  all  the  privileges  and  immunities 
of  citizens  in  the  several  States. 

It  is  asserted  in  this  essay  that,  when  the  in 
stitution  of  slavery  no  longer  concerns  only  the 
household  or  family,  and  no  longer  continues  to 
be  a  matter  exclusively  appertaining  to  the  do 
mestic  affairs  of  the  State  in  which  it  exists ;  when 
it  becomes  a  potent,  operative,  and  efficient  in 
strument  for  carrying  on  war  against  the  Union, 
and  an  important  aid  to  the  public  enemy  ;  when 
it  opposes  the  national  military  powers  now  in 
volved  in  a  gigantic  rebellion  ;  when  slavery  has 
been  developed  into  a  vast,  an  overwhelming  war 
power,  which  is  actually  used  by  armed  traitors 
*br  the  overthrow  of  government  and  of  the  Con- 
btitution  ;  when  it  has  become  the  origin  of  civil 
war,  and  the  means  by  which  hostilities  are 
maintained  in  the  deadly  struggle  of  the  Union 
for  its  own  existence ;  when  a  local  institution 
is  perverted  so  as  to  compel  three  millions  of  loy 
al  colored  subjects  to  become  belligerent  traitors 
because  they  are  held  as  slaves  of  disloyal  mas 
ters — then  indeed  slavery  has  become  an  affair 
most  deeply  affecting  the  national  welfare  and 
common  defence,  and  has  subjected  itself  to  the 
severest  enforcement  of  those  legislative  and 
military  powers,  to  which  alone,  under  the  Con 
stitution,  the  people  must  look  to  save  themselves 
from  ruin.  In  the  last  extremity  of  our  contest, 
the  question  must  be  decided  whether  slavery 
shall  be  rooted  up  and  extirpated,  or  our  beloved 
country  be  torn  asunder  and  given  up  to  our 
conquerors,  our  Union  destroyed,  and  our  people 
dishonored  ?  Are  any  rights  of  property,  or  any 
claims,  which  one  person  can  assume  to  have 
over  another,  by  whatever  local  law  they  may  be 
sanctioned,  to  be  held,  by  any  just  construction 
of  the  Constitution,  as  superior  to  the  nation's 
right  of  self-defence  ?  And  can  the  local  usage 
or  law  of  any  section  of  this  country  override  and 
break  down  the  obligation  of  the  people  to  main 
tain  and  perpetuate  their  own  government  ? 
Slavery  is  no  longer  local  or  domestic  after  it  has 
become  an  engine  of  war.  The  country  demands, 


at  the  hands  of  Congress  and  of  the  President, 
the  exercise  of  every  power  they  can  lawfully 
put  forth  for  its  destruction,  not  as  an  object  of 
the  war,  but  as  a  means  of  terminating  the  rebel 
lion,  if  by  destroying  slavery  the  republic  may  be 
saved.  These  considerations  and  others  have 
led  the  author  to  the  conclusion  stated  in  the 
following  pages,  "that  Congress  has  the  right  to 
abolish  slavery,  when  in  time  of  war  its  abolish 
ment  is  necessary  to  aid  the  commander-in- chief 
in  maintaining  the  '  common  defence.'  "  * 

CONSTITUTION  OF  THE  UNITED  STATES  OP   AMERICA. 

INTRODUCTION. 
THE    PURPOSE    FOR   WHICH    IT   WAS    FOUNDED. 

THE  Constitution  of  the  United  States,  as  de 
clared  in  the  preamble,  was  ordained  and  estab 
lished  by  the  people,  "  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defence,  pro 
mote  the  general  welfare,  and  secure  the  bless 
ings  of  liberty  to  themselves  and  their  posterity." 

HOW    IT    HAS    BEEN    VIOLATED. 

A  handful  of  slave-masters  have  broken  up  that 
Union,  have  overthrown  justice,  and  have  de 
stroyed  domestic  tranquillity.  Instead  of  con 
tributing  to  the  common  defence  and  public  wel 
fare,  or  securing  the  blessings  of  liberty  to  them 
selves  and  their  posterity,  they  have  waged  war 
upon  their  country,  and  have  attempted  to  estab 
lish,  over  the  ruins  of  the  Republic,  an  aristocrat 
ic  government  founded  upon  Slavery. 

UTHE  INSTITUTION"  vs.  THE  CONSTITUTION. 
It  is  the  conviction  of  many  thoughtful  per 
sons,  that  slavery  has  now  become  practically 
irreconcilable  with  republican  institutions,  and 
that  it  constitutes,  at  the  present  time,  the  chief 
obstacle  to  the  restoration  of  the  Union.  They 
know  that  slavery  can  triumph  only  by  over 
throwing  the  republic ;  they  believe  that  the  re 
public  can  triumph  only  by  overthrowing  slavery. 

"THE  PRIVILEGED  CLASS." 
Slaveholding  communities  constitute  the  only 
"privileged  class"  of  persons  who  have  been  ad 
mitted  into  the  Union.  They  alone  have  the 
right  to  vote  for  their  property  as  well  as  for 
themselves.  In  the  free  States  citizens  vote  only 
for  themselves.  The  former  are  allowed  to  count, 
as  part  of  their  representative  numbers,  three 
fifths  of  all  slaves.  If  this  privilege,  which  was 
accorded  only  to  the  original  States,  had  not 
been  extended  (contrary,  as  many  jurists  contend, 
to  the  true  intent  and  meaning  of  the  Constitu 
tion)  so  as  to  include  other  States  subsequently 
formed,  the  stability  of  government  would  not 
have  been  seriously  endangered  by  the  tempora 
ry  toleration  of  this  "institution,"  although  it 
was  inconsistent  with  the  principles  which  that 

*  The  reader  is  referred  to  the  previous  page  for  remarka 
upon  the  Constitution,  Art.  I.  Sect.  8,  Clause  1,  relating  to 
the  alleged  power  of  Congress  "  to  provide  for  the  general  wel 
fare  and  common  defence,"  and,  in  addition  to  the  authorities 
there  cited,  reference  may  be  had  to  the  speeches  of  Patrick 
Henry,  who  fully  sustains  the  views  of  Mr.  Jefferson.  See 
also  Story  on  the  Constitution,  Sect.  1286. 


684 


REBELLIOX  RECORD,  1862-63. 


instrument  embodied,  and  revolting  to  the  senti 
ments  cherished  by  a  people  who  had  issued  to 
the  world  the  Declaration  of  Independence,  and 
had  fought  through  the  revolutionary  war  to  vin 
dicate  and  maintain  the  rights  of  man. 

UNEXPECTED    GROWTH    OF    SLAVERY. 

The  system  of  involuntary  servitude,  which 
had  received,  as  it  merited,  the  general  condem 
nation  of  the  leading  Southern  and  Northern 
statesmen  of  the  country — of  those  who  were 
most  familiar  with  its  evils,  and  of  all  fair-mind 
ed  persons  throughout  the  world — seemed,  at 
the  time  when  our  government  was  founded, 
about  to  vanish  and  disappear  from  this  conti 
nent,  when  the  spinning  jenny  of  Crompton,  the 
loom  of  Watt,  the  cotton  gin  of  Whitney,  and 
the  manufacturing  capital  of  England,  combined 
to  create  a  new  and  unlimited  demand  for  that 
which  is  now  the  chief  product  of  Southern  agri 
culture.  Suddenly,  as  if  by  magic,  the  smould 
ering  embers  of  slavery  were  rekindled,  and  its 
flames,  like  autumnal  fires  upon  the-  prairies, 
have  rapidly  swept  over  and  desolated  the  South 
ern  States ;  and,  as  that  local,  domestic  institu 
tion,  which  seemed  so  likely  to  pass  into  an  igno 
minious  and  unlamented  grave,  has  risen  to  claim 
an  unbounded  empire,  hence  the  present  gene 
ration  is  called  upon  to  solve  questions  and  en 
counter  dangers  not  foreseen  by  our  forefathers. 

SLAVERY    ABOLISHED    BY    EUROPEAN    GOVERNMENTS. 

In  other  countries  the  scene  has  been  reversed, 
France,  with  unselfish  patriotism,  abolished  slav 
ery  in  1794 ;  and  though  Napoleon  afterward 
reestablished  servitude  in  most  of  the  colonies, 
it  was  finally  abolished  in  1848.  England  has 
merited  and  received  her  highest  tribute  of  honor 
from  the  enlightened  nations  of  the  world  for 
that  great  act  of  Parliament  in  1833,  whereby  she 
proclaimed  universal  emancipation. 

In  1844,  King  Oscar  informed  the  Swedish 
States  of  his  desire  to  do  away  with  involuntary 
servitude  in  his  dominions  ;  in  1846  the  Legisla 
ture  provided  the  pecuniary  means  for  carrying 
that  measure  into  effect ;  and  now  all  the  slaves 
have  become  freemen. 

Charles  VIII.,  King  of  Denmark,  celebrated  the 
anniversary  of  the  birth  of  the  Queen  Dowager 
by  abolishing  slavery  in  his  dependencies,  on  the 
twenty -eighth  of  July,  1847. 

In  1862,  Russia  has  consummated  the  last  and 
grandest  act  of  emancipation  of  modern  times.* 

While  Europe  has  thus  practically  approved 
of  the  leading  principle  of  the  American  Consti 
tution,  as  founded  on  justice,  and  as  essential  to 
public  welfare,  the  United  States,  as  represented 
by  the  more  recent  Administrations,  have  prac 
tically  repudiated  and  abandoned  it.  Europe, 
embarrassed  by  conservative  and  monarchical 
institutions,  adopts  the  preamble  to  that  instru 
ment,  as  a  just  exposition  of  the  true  objects  for 
which  governments  should  be  established,  and 

*  To  the  above  examples  we  must  add  that  of  the  Dutch  West- 
Indies,  where  the  law  emancipating  the  slaves  went  into  opera 
tion  in  July,  1863. 


accordingly  abolishes  slavery  —  while,  in  tlus 
country,  in  the  mean  time,  slavery,  having 
grown  strong,  seeks  by  open  rebellion  to  brtaK 
up  the  Union,  and  to  abolish  republican  demuc- 
racy. 

SLAVERY  IN  1862  NOT  SLAVERY  IN  1788. 

However  harmless  that  institution  may  have  been 
in  1788,  it  is  now  believed  by  many,  that,  with  but 
few  honorable  exceptions,  the  slave-masters  of  the 
present  day,  the  privileged' class,  cannot,  or  will 
not,  conduct  themselves  so  as  to  render  it  longer 
possible,  by  peaceable  association  with  them,  to 
preserve  'k  the  Union,"  to  u  establish  justice," 
"insure  domestic  tranquillity,  the  general  wel 
fare,  the  common  defence,  or  the  blessings  of  lib 
erty  to  ourselves  or  our  posterit}^."  And  since 
the  wide-spread  but  secret  conspiracies  of  traitors 
in  the  slave  States  for  the  last  thirty  }rears ;  their 
hatred  of  the  Union,  and  determination  to  de 
stroy  it ;  their  abhorrence  of  republican  institu 
tions,  and  of  democratic  government ;  their  pre 
ference  for  an  "  oligarchy  with  slavery  for  its 
corner-stone,"  have  become  known  to  the  people — 
their  causeless  rebellion ;  their  seizure  of  the 
territory  and  property  of  the  United  States ;  their 
siege  of  Washington ;  their  invasion  of  States 
which  have  refused  to  join  them  ;  their  bitter, 
ineradicable,  and  universal  hatred  of  the  people 
of  the  free  States,  and  of  all  who  are  loyal  to  the 
Government,  have  produced  a  general  conviction 
that  slavery  (which  alone  has  caused  these  re 
sults,  and  by  which  alone  the  country  has  been 
brought  to  the  verge  of  ruin)  must  itself  be  ter 
minated  ;  and  that  this  "  privileged  class  "  must 
be  abolished  ;  otherwise  the  unity  of  the  American 
people  must  be  destroyed,  the  government  over 
thrown,  and  constitutional  liberty  abandoned. 

To  secure  domestic  tranquillity  is  to  make  it 
certain  by  controlling  power.  It  cannot  be  thus 
secured  while  a  perpetual  uncontrollable  cause 
of  civil  war  exists.  The  cause,  the  means,  the 
opportunity  of  civil  war  must  be  removed ;  the 
perennial  fountain  of  all  our  national  woes  must 
be  destroyed  ;  otherwise  "  it  will  be  vain  to  cry, 
Peace  !  peace !  There  is  no  peace." 

ARE  SLAVEHOLDERS  ARBITERS    OF  PEACE  AND  WAR  ? 

Is  the  Union  so  organized  that  the  means  of 
involving  the  whole  country  in  ruin  must  be  left 
in  the  hands  of  a  small  privileged  class,  to  be 
used  at  their  discretion  ?  Must  the  blessings  of 
peace  and  good  government  be  dependent  upon 
the  sovereign  will  and  pleasure  of  a  handful  of 
treasonable  and  unprincipled  slave-masters  ? 
Has  the  Constitution  bound  together  the  peace 
able  citizen  with  the  insane  assassin,  so  that  his 
murderous  knife  cannot  lawfully  be  wrenched 
from  his  grasp  even  in  self-defence  ? 

If  the  destruction  of  slavery  be  necessary  to 
save  the  country  from  defeat,  disgrace,  and  ruin — 
and  if,  at  the  same  time,  the  Constitution  guar 
antees  the  perpetuity  of  slavery,  whether  the 
country  is  saved  or  lost  —  it  is  time  that  the 
friends  of  the  Government  should  awake,  and 
realize  their  awful  destiny.  If  the  objects  for 


DOCUMENTS. 


685 


which  our  Government  was  founded  can  lawfully 
be  secured  only  so  far  as  they  do  not  interfere 
with  the  pretensions  of  slavery,  we  must  admit 
that  the  interests  of  slave-masters  stand  first, 
and  the  welfare  of  the  people  of  the  United  States 
Btands  last,  under  the  guarantees  of  the  Consti 
tution.  If  the  Union,  the  Constitution,  and  the 
laws,  like  Laocoon  and  his  sons,  are  to  be  stran 
gled  and  crushed  in  order  that  the  unrelenting 
serpent  may  live  in  triumph,  it  is  time  to  deter 
mine  which  of  them  is  most  worthy  to  be  saved. 
Such  was  not  the  Union  formed  by  our  fore 
fathers.  Such  is  not  the  Union  the  people  in 
tend  to  preserve.  They  mean  to  uphold  a  Union, 
under  the  Constitution,  interpreted  ~by  common- 
sense  ;  a  government  able  to  attain  results  worthy 
of  a  great  and  free  people,  and  for  which  it  was 
founded  ;  a  republic,  representing  the  sovereign 
majesty  of  the  whole  nation,  clothed  with  ample 
powers  to  maintain  its  supremacy  for  ever.  They 
mean  that  liberty  and  union  shall  be  u  one  and 
inseparable." 

WHY    SLAVERY,    THOUGH    HATED,    WAS     TOLERATED. 

It  is  true,  that  indirectly,  and  for  the  purpose 
of  a  more  equal  distribution  of  direct  taxes,  the 
framers  of  the  Constitution  tolerated,  while  they 
condemned  slavery  ;  but  they  tolerated  it  because 
they  believed  that  it  would  soon  disappear.  They 
even  refused  to  allow  the  charter  of  their  own  lib 
erties  to  be  polluted  by  the  mention  of  the 
word  "  slave."  Having  called  the  world  to  wit 
ness  their  heroic  and  unselfish  sacrifices  for  the 
vindication  of  their  own  inalienable  rights,  they 
could  not,  consistently  with  honor  or  self-respect, 
transmit  to  future  ages  the  evidence  that  some 
of  them  had  trampled  upon  the  inalienable  rights 
of  others. 

RECOGNITION    OF    SLAVERY    NOT    INCONSISTENT    WITH 
THE    PERPETUITY    OF    THE    REPUBLIC. 

Though  slavery  was  thus  tolerated  by  being 
ignored,  we  should  dishonor  the  memory  of  those 
who  organized  that  government  to  suppose  that 
they  did  not  intend  to  bestow  upon  it  the  power  to 
maintain  its  own  authority — the  right  to  over 
throw  or  remove  slavery,  or  whatever  might 
prove  fatal  to  its  permanence,  or  destroy  its  use 
fulness.  We  should  discredit  the  good  sense 
of  the  great  people  who  ordained  and  established 
it,  to  deny  that  they  bestowed  upon  the  republic, 
created  by  and  for  themselves,  the  right,  the 
duty,  and*  the  powers  of  self-defence.  For  self- 
defence  by  the  Government  was  only  maintain 
ing,  through  the  people's  agents,  the  right  of  the 
people  to  govern  themselves. 

DISTINCTION  BETWEEN  THE  OBJECTS  AND  THE   MEANS 
OF    WAR. 

"We  are  involved  in  a  war  of  self-defence. 

It  is  not  the  object  and  purpose  of  our  hostili 
ties  to  lay  waste  lands,  burn  bridges,  break  up 
railroads,  sink  ships,  blockade  harbors,  destroy 
commerce,  capture,  imprison,  wound,  or  kill  citi 
zens  ;  to  seize,  appropriate,  confiscate,  or  destroy 
private  property ;  to  interfere  with  families,  or 
domestic  institutions  ;  to  remove,  employ,  liber 


ate,  or  arm  slaves  ;  to  accumulate  national  debt, 
impose  new  and  burdensome  taxes  ;  or  to  cause 
thousands  of  loyal  citizens  to  be  slain  in  battle. 
But,  as  means  of  carrying  on  the  contest,  it  has 
become  necessary  and  lawful  to  lay  waste,  burn, 
sink,  destroy,  blockade,  wound,  capture,  and 
kill ;  to  accumulate  debt,  lay  taxes,  and  expose 
soldiers  to  the  peril  of  deadly  combat.  Such  are 
the  ordinary  results  and  incidents  of  war.  If,  in 
further  prosecuting  hostilities,  the  liberating,  em 
ploying,  or  arming  of  slaves  shall  be  deemed  con 
venient  for  the  more  certain,  speedy,  and  effectual 
overthrow  of  the  enemy,  the  question  will  arise, 
whether  the  Constitution  prohibits  those  meas 
ures  as  acts  of  legitimate  war  against  rebels, 
who,  having  abjured  that  Constitution  and  hav 
ing  openly  in  arms  defied  the  Government,  claim 
for  themselves  only  the  rights  of  belligerents. 

It  is  fortunate  for  America  that  securing  the 
liberties  of  a  great  people  by  giving  freedom  to 
four  millions  of  bondmen  would  be  in  accordance 
with  the  dictates  of  justice  and  humanity.  If 
the  preservation  of  the  Union  required  the  en 
slavement  of  four  millions  of  freemen,  very  differ 
ent  considerations  would  be  presented. 

LIBERAL    AND    STRICT    CONSTRUCTIONISTS. 

The  friends  and  defenders  of  the  Constitution 
of  the  United  States  of  America,  ever  since  its 
ratification,  have  expressed  widely  different  opin 
ions  regarding  the  limitation  of  the  powers  of 
government  in  time  of  peace,  no  less  than  in  time 
of  war.  Those  who  have  contended  for  the  most 
narrow  and  technical  construction,  having  stuck 
to  the  letter  of  the  text,  and  not  appreciating 
the  spirit  in  which  it  was*  framed,  are  opposed 
to  all  who  view  it  as  only  a  frame  of  gov 
ernment,  a  plan  in  outline,  for  regulating  the 
affairs  of  an  enterprising  and  progressive  nation. 
Some  treat  that  frame  of  government  as  though  it 
were  a  cast-iron  mould,  incapable  of  adaptation  or 
alteration — as  one  which  a  blow  would  break  in 
pieces.  Others  think  it  a  hoop  placed  around 
the  trunk  of  a  living  tree,  whose  growth  must 
girdle  the  tree  or  burst  the  hoop.  But  sounder 
judges  believe  that  it  more  resembles  the  tree 
itself — native  to  the  soil  that  bore  it — waxing 
strong  in  sunshine  and  in  storm,  putting  forth 
branches,  leaves,  and  roots,  according  to  the  laws 
of  its  own  growth,  and  flourishing  with  eternal 
verdure.  Our  Constitution,  like  that  of  England, 
contains  all  that  is  required  to  adapt  itself  to  the 
present  and  future  changes  and  wants  of  a  free 
and  advancing  people.  This  great  nation,  like  a 
distant  planet  in  the  solar  system,  may  sweep 
round  a  wide  orbit ;  but  in  its  revolutions  it  never 
gets  beyond  the  reach  of  the  central  light.  The 
sunshine  of  constitutional  law  illumines  its  path 
way  in  all  its  changing  positions.  We  have  not 
yet  arrived  at  the  "  dead  point "  where  the 
hoop  must  burst — the  mould  be  shattered— the 
tree  girdled — or  the  sun  shed  darkness  rather 
than  light.  By  a  liberal  construction  of  the  Con 
stitution,  our  government  has  passed  through 
many  storms  unharmed.  Slaveholding  States, 
other  than  those  whose  inhabitants  originally 


686 


REBELLION  RECORD,  1962-63. 


formed  it,  have  found  their  way  into  the  Union, 
notwithstanding  the  guarantee  of  equal  rights  to 
all.  The  territories  of  Florida  and  Louisiana 
have  been  purchased  from  European  powers. 
Conquest  has  added  a  nation  to  our  borders. 
The  purchased  and  the  conquered  regions  are 
now  legally  a  part  of  the  United  States.  The 
admission  of  new  States  containing  a  privileged 
class,  the  incorporation  into  our  Union  of  a  for 
eign  people,  are  held  to  be  lawful  and  valid  by 
all  the  courts  of  the  country.  Thus  far  from  the 
old  anchorage  have  we  sailed  under  the  flag  of 
44 public  necessity,"  "general  welfare,"  or  "com 
mon  defence."  Yet  the  great  charter  of  our 
political  rights  "  still  lives  ;"  and  the  question  of 
to-day  is,  whether  that  instrument,  which  ha* 
not  prevented  America  from  acquiring  one  coun 
try  by  purchase,  and  another  by  conquest,  will 
permit  her  to  save  herself? 

POWERS    WE    SHOULD    EXPECT    TO    FIND. 

If  the  ground-plan  of  our  government  was  in 
tended  to  be  more  than  a  temporary  expedient — 
if  it  was  designed  according  to  the  declaration  of 
its  authors,  for  a  perpetual  Union — then  it  will 
doubtless  be  found,  upon  fair  examination,  to 
contain  whatever  is  essential  to  carry  that  de 
sign  into  effect  Accordingly,  in  addition  to  pro 
visions  for  adapting  it  to  great  changes  in  the 
situation  and  circumstances  of  the  people  by 
amendment*,  we  find  that  powers  essential  to  its 
own  perpetuity  are  vested  in  the  executive  and 
legislative  departments,  to  be  exercised  accord 
ing  to  their  discretion,  for  the  good  of  the  coun 
try — powers  which,  however  dangerous,  must  be 
intrusted  to  every  government,  to  enable  it  to 
maintain  its  own  existence,  and  to  protect  the 
rights  of  the  people.  Those  who  founded  a  gov 
ernment  for  themselves  intended  that  it  should 
never  be  overthrown  ;  nor  even  altered,  except 
by  those  under  whose  authority  it  was  establish 
ed.  Therefore  they  gave  to  the  President  and 
to  Congress,  the  means  essential  to  the  preserva 
tion  of  the  republic,  but  none  for  its  dissolution. 

LAWS    FOR    PEACE,    AND    LAWS    FOR    WAR. 

Times  of  peace  have  required  the  passage  of 
numerous  statutes  for  the  protection  and  devel 
opment  of  agricultural,  manufacturing,  and  com 
mercial  industry,  and  for  the  suppression  and 
punishment  of  ordinary  crimes  and  offences.  A 
state  of  general  civil  war  in  the  United  States  is, 
happily,  new  and  unfamiliar.  These  times  have 
demanded  new  and  unusual  legislation  to  call 
into  action  those  powers  which  the  Constitution 
provides  for  times  of  war. 

Leaving  behind  us  the  body  of  laws  regulat 
ing  the  rights,  liabilities,  and  duties  of  citizens, 
in  time  of  public  tranquillity,  we  must  now  turn 
our  attention  to  the  RESERVED  and  HITHERTO  UN 
USED  powers  contained  in  the  Constitution,  which 
enable  Congress  to  pass  a  body  of  laws  to  regu 
late  the  rights,  liabilities,  and  duties  of  citizens 
in  time  of  war.  We  must  enter  and  explore  the 
arsenai  and  armory,  with  all  their  engines  of  de 
fence,  inclosed  by  our  wise  forefathers,  for  the 
safety  of  the  republic,  within  the  old  castle  walls  I 


of  that  Constitution  ;  for  now  the  garrison  is 
summoned  to  surrender  ;  and  if  there  be  any 
cannon,  it  is  time  to  unlimber  and  run  them  out 
the  port-holes,  to  fetch  up  the  hot  shot,  to  light 
the  match,  and  hang  out  our  banner  on  the  outer 
walls. 

THE    UNION    IS  GONE  FOR  EVER  IF  TW  CONSTITUTION 
DENIES    THE    POWER    TO    SA.  »rE    IT. 

The  question  whether  republican  constitutional 
government  shall  now  cease  in  America,  must 
depend  upon  the  construction  given  to  these 
hitherto  unused  powers.  Those  who  desire  to 
see  an  end  of  this  government  will  deny  that  it 
has  the  ability  to  save  itself.  Man3r  new  inquir 
ies  have  arisen  in  relation  to  the  existence  and 
limitation  of  its  powers.  Must  the  successful 
prosecution  of  war  against  rebels,  the  preserva 
tion  of  national  honor,  and  securing  of  perma 
nent  peace — if  attainable  only  by  rooting  out  the 
evil  which  caused  and  maintains  the  rebellion  — 
be  effected  by  destroying  rights  solemnly  guar 
anteed  by  the  Constitution  we  are  defending  ? 
If  so,  the  next  question  will  be,  whether  the  law 
of  self-defence  and  overwhelming  necessity  will 
not  justify  the  country  in  denying  to  rebels  and 
traitors  in  arms  whatever  rights  they  or  their 
friends  may  claim  under  a  charter  which  they 
have  repudiated,  and  have  armed  themselves  to 
overthrow  and  destroy  ?  Can  orte  party  break 
the  contract,  and  justly  hold  the  other  party 
bound  by  it  ?  Is  the  Constitution  to  be  so  in 
terpreted  that  rebels  and  traitors  cannot  be  put 
down  ?  Are  we  so  hampered,  as  some  have  as 
serted,  that  even  if  war  end  in  reestablishing  the 
Union,  and  enforcing  the  laws  over  all  the  land, 
the  results  of  victory  wall  be  turned  against  us, 
and  the  conquered  enemy  may  then  treat  us  as 
though  they  had  been  victors  ?  Will  vanquished 
criminals  be  able  to  resume  their  rights  to  the 
same  political  superiority  over  the  citi/ens  of  free 
States,  which,  as  the  only  "privileged  class," 
they  have  hitherto  enjoyed  ? 

Have  they  who  alone  have  made  this  rebellion, 
while  committing  treason  and  other  high  crimes 
against  the  republic,  a  protection,  an  immunity 
against  punishment  for  these  crimes,  whether  by 
forfeiture  of  life  or  property  by  reason  of  any 
clause  in  the  Constitution  ?  Can  government, 
the  people's  agent,  wage  genuine  and  effectual 
war  against  their  enemy  ?  or  must  the  soldier  of 
the  Union,  when  in  action,  keep  one  eye  upon 
his  rifle,  and  the  other  upon  the  Constitution  ? 
Is  the  power  to  make  war,  when  once  lawfully 
brought  into  action,  to  be  controlled,  baffled,  and 
emasculated  by  any  obligation  to  guard  or  re 
spect  rights  set  up  by  or  for  belligerent  traitors? 

THE    LEADING    QUESTIONS    STATED. 

What  limit,  if  any,  is  prescribed  to  the  war- 
making  power  of  the  President,  as  Commander' 
in- Chief  of  the  army  and  navy  of  the  United 
States  ?  What  authority  has  Congress  to  frame 
laws  interfering  with  the  ordinary  civil  rights  of 
persons  and  property,  of  loyal  or  disloyal  citi 
zens,  in  peaceful  or  in  rebellious  districts  ;  of  the 
enemy  who  may  be  captured  as  spies,  as  pirates, 


DOCUMENTS. 


687 


as  guerrillas  or  bushwhackers  ;  as  aiders  and  com 
forters  of  armed  traitors,  or  as  soldiers  in  the 
battle-field  ?  What  rights  has  Congress,  or  the 
President,  in  relation  to  belligerent  districts  o 
country  ;  in  relation  to  slaves  captured  or  escap 
ing  into  the  lines  of  our  army,  or  escaping  into 
free  States ;  or  slaves  used  by  the  enemy  ir 
military  service  ;  or  those  belonging  to  rebels, 
not  so  used  ?  Whether  they  are  contraband  o: 
war  ?  and  whether  they  may  be  released,  manu 
mitted,  or  emancipated,  and  discharged  by  the 
civil  or  military  authority  ?  or  whether  slaves 
may  be  released  from  their  obligation  to  serve 
rebel  masters  ?  and  whether  slavery  may  be 
abolished  with  or  without  the  consent  of  the 
masters,  as  a  military  measure,  or  as  a  legislative 
act,  required  by  the  public  welfare  and  common 
defence  ?  Where  the  power  to  abolish  it  resides, 
under  the  Constitution  ?  And  whether  there  is 
any  restraint  or  limitation  upon  the  power  oi 
Congress  to  punish  treason  ?  What  are  the 
rights  of  government  over  the  private  property 
of  loyal  citizens  ?  What  are  the  rights  and  lia 
bilities  of  traitors  ?  These  and  similar  inquiries 
are  frequently  made  among  the  plain  people ; 
and  it  is  for  the  purpose  of  explaining  some  of 
the  doctrines  of  law  applicable  to  them,  that  the 
following  suggestions  have  been  prepared. 

CHAPTER  I. 

THE  CONSTITUTIONAL  RIGHT  OP  THE  GOVERNMENT  TO 
APPROPRIATE  PRIVATE  PROPERTY  TO  PUBLIC  USE, 
EITHER  IN  TIME  OF  PEACE  OR  IN  TIME  OF  WAR. 

The  general  government  of  the  United  States 
has,  in  time  of  peace,  a  legal  right,  under  the 
Constitution,  to  appropriate  to  public  use  the 
private  property  of  any  subject,  or  of  any  num 
ber  of  subjects,  owing  it  allegiance. 

Each  of  the  States  claims  and  exercises  a  sim 
ilar  right  over  the  property  of  its  own  citizens. 

THE    RIGHT    IS    FOUNDED    IN    REASON. 

All  permanent  governments  in  civilized  coun 
tries  assert  and  carry  into  effect,  in  different 
ways,  the  claim  of  "eminent  domain  ;"  for  it  is 
essential  to  their  authority,  and  even  to  their 
existence.  The  construction  of  military  defences, 
such  as  forts,  arsenals,  roads,  navigable  canals, 
however  essential  to  the  protection  of  a  country 
in  war,  might  be  prevented  by  private  interests, 
if  the  property  of  individuals  could  not  be  taken 
by  the  country,  through  its  government.  Inter 
nal  improvements  in  time  of  peace,  however  im 
portant  to  the  interests  of  the  public,  requiring 
the  appropriation  of  real  estate  belonging  to  in 
dividuals,  might  be  interrupted,  if  there  were  no 
power  to  take,  without  the  consent  of  the  owner, 
what  the  public  use  requires.  And  as  it  is  the 
government  which  protects  all  citizens  in  their 
rights  to  life,  liberty,  and  property,  they  are 
deemed  to  hold  their  property  subject  to  the  claim 
of  the  supreme  protector  to  take  it  from  them 
when  demanded  by  "public  welfare."  It  is 
under  this  quasi  sovereign  power  that  the  State 
of  Massachusetts  seizes  by  law  the  private  es- 
*.*....-  -.f  v.-?  Citizens;  an(f  sne  even  authorizes 


several  classes  of  corporations  to  seize  land, 
against  the  will  of  the  proprietor,  for  public  use 
and  benefit.  Railroads,  canals,  turnpikes,  tele 
graphs,  bridges,  aqueducts,  could  never  have 
been  constructed  were  the  existence  of  this  great 
right  denied.  And  the  TITLE  to  that  interest  in 
real  estate,  which  is  thus  acquired  by  legal  seiz 
ure,  is  deemed  by  all  the  courts  of  this  common 
wealth  to  be  as  legal,  and  as  constitutional,  as  if 
purchased  and  conveyed  by  deed,  under  the  hand 
and  seal  of  the  owner. 

INDEMNITY    IS    REQUIRED. 

But  when  individuals  are  called  upon  to  give 
up  what  is  their  own  for  the  advantage  of  the 
community,  justice  requires  that  they  should  be 
fairly  compensated  for  it :  otherwise  public  bur 
dens  would  be  shared  unequally.  To  secure  the 
right  to  indemnification,  which  was  omitted  in 
the  original  Constitution  of  the  United  States, 
an  amendment  was  added,  which  provides, 
(Amendments,  Art.  V.  last  clause,)  "  Nor  shall 
private  property  be  taken  for  public  use  without 
just  compensation"* 

The  language  of  this  amendment  admits  the 
right  of  the  United  States  to  take  private  pro 
perty  for  public  use.  This  amendment,  being 
now  a  part  of  the  Constitution,  leaves  that  right 
no  longer  open  to  question,  if  it  ever  was  ques 
tioned. 

In  guarding  against  the  abuse  of  the  right 
to  take  private  property  for  public  use,  it  is  pro 
vided  that  the  owner  shall  be  entitled  to  ba 
fairly  paid  for  it ;  and  thus  he  is  not  to  be  taxed 
more  than  his  due  share  for  public  purposes. 

It  is  not  a  little  singular  that  the  framers  of 
the  Constitution  should  have  been  less  careful  to 
secure  equality  in  distributing  the  burden  of 
taxes.  Sect.  8  requires  duties,  imposts,  and  ex 
cises  to  be  uniform  throughout  the  United  States, 
3ut  it  does  not  provide  that  taxes  should  be  uni- 
bnn.  Although  Art.  I.  Sect.  9,  provides  that 
no  capitation  or  other  direct  tax  shall  be  laid 
unless  in  proportion  to  the  census,  yet  far  the 
most  important  subjects  of  taxation  are  still  un- 
jrotected,  and  may  be  UNEQUALLY  assessed,  with 
out  violating  any  clause  of  that  Constitution, 
vhich  so  carefully  secures  equality  of  public 
)urdens  by  providing  compensation  for  private 
roperty  appropriated  to  the  public  benefit. 

"  PUBLIC  USE." 

What  is  "public  use"  for  which  private  prop 
erty  may  be  taken  ? 

Every  appropriation  of  property  for  the  benefit 

)f  the  United  States,  either  for  a  national  public 

mprovement,   or  to  carry  into  effect  any  valid 

aw  of  Congress  for  the  maintenance,  protection, 

T  security  of  national  interests,  is  "  public  use" 

°ublic  use  is  contra-distinguished  from  private 

use.     That  which  is  for  the  use  of  the  country, 

owever  applied  or  appropriated,    is  for  public 

use. 

Public  use  does  not  require  that  the  property 

*  Similar  provisions  are  found  in   the  Constitution  of  Ma»^ 
achusetts,  and  several  other  States. 


688 


REBELLION  RECORD,  1862-63. 


taken  shall  be  actually  used.  It  may  be  dis 
used,  removed,  or  destroyed.  And  destruction 
of  private  property  may  be  the  best  public  use 
it  can  be  put  to. 

Suppose  a  bridge,  owned  by  a  private  cor 
poration,  were  so  located  as  to  endanger  a  mil 
itary  work  upon  the  bank  of  a  river.  The  de 
struction  of  that  bridge  to  gain  a  military  ad 
vantage  would  be  appropriating  it  to  public  use. 

So  also  the  blowing  up  or  demolition  of  build 
ings  in  a  city,  for  the  purpose  of  preventing  a 
general  conflagration,  would  be  an  appropriation 
of  them  to  public  use.  The  destruction  of  arms, 
or  other  munitions  of  war,  belonging  to  private 
^persons,  in  order  to  prevent  their  falling  into 
possession  of  the  enemy,  would  be  applying 
them  to  public  me.  Congress  has  power  to  pass 
laws  providing  for  the  common  defence  and  gen- 
ecal  welfare,  under  Art.  I.  Sec.  8  of  the  Consti 
tution  ;  and  whenever,  in  their  judgment,  the 
common  defence  or  general  welfare  requires 
them  to  authorize  the  appropriation  of  private 
property  to  public  use — whether  that  use  be  the 
employment  or  destruction  of  the  property  talc- 
en — they  have  the  right  to  pass  such  laws ;  to 
appropriate  private  property  in  that  way ;  and 
whatever  is  done  with  it  is  "  public  use,"  and 
entitles  the  owner  to  just  compensation  therefor. 

ALL    KINDS    OF    PROPERTY,    INCLUDING    SLAVES,  MAT 
BE    SO    APPROPRIATED. 

There  is  no  restriction  as  to  the  kind  or  char 
acter  of  private  property  which  may  be  lawfully 
thus  appropriated,  whether  it  be  real  estate,  per 
sonal  estate,  rights  in  action  or  in  possession, 
obligations  for  money,  or  for  labor  and  service. 
Thus  the  obligations  of  minor  children  to  their 
parents,  of  apprentices  to  their  masters,  and  of 
other  persons  owing  labor  and  service  to  their 
masters,  may  lawfully  be  appropriated  to  public 
use,  or  discharged  and  destroyed,  for  public 
benefit,  by  Congress,  with  the  proviso  that  just 
compensation  shall  be  allowed  to  the  parent  or 
master. 

Our  Government,  by  treaty,  discharged  the 
claims  of  its  own  citizens  against  France,  and 
thus  appropriated  private  property  to  public  use. 
At  a  later  date  the  United  States  discharged 
the  claims  of  certain  slave-owners  to  labor  and 
service,  whose  slaves  had  been  carried  away  by 
the  British  contrary  to  their  treaty  stipulations. 
In  both  cases  indemnity  was  promised  by  our 
Government  to  the  owners  ;  and  in  case  of  the 
slave-masters  it  was  actually  paid.  By  abolish 
ing  slavery  in  the  District  of  Columbia,  that 
which  was  considered  for  the  purposes  of  the  act 
as  private  property  was  appropriated  to  public 
use,  with  just  compensation  to  the  owners;  Con 
gress,  in  this  instance,  having  the  right  to  pass 
the  act  as  a  local,  municipal  law ;  but  the  com 
pensation  was  from  the  treasury  of  the  United 
States. 

During  the  present  rebellion,  many  minors, 
apprentices,  and  slaves  have  been  relieved  from 
obligation  to  their  parents  and  masters,  the  claim 
for  their  services  having  been  appropriated  to 


public  use,  by  employing  them  in  the  military 
service  of  the  country. 

That  Congress  should  have  power  to  appropri 
ate  every  description  of  private  property  for  pub 
lic  benefit  in  time  of  war,  results  from  the  duty 
imposed  on  it  by  the  Constitution  to  pass  laws 
u  providing  for  the  common  defence  and  general 
welfare." 

Suppose  that  a  large  number  of  apprentices 
desired  to  join  the  army  as  volunteers  in  time  of 
sorest  need,  but  were  restrained  from  so  doing 
only  by  reason  of  their  owing  labor  and  service 
to  their  employers,  who  were  equally  with  them 
citizens  and  subjects  of  this  Government;  would 
any  one  doubt  or  deny  the  right  of  Government 
to  accept  these  apprentices  as  soldiers,  to  dis 
charge  them  from  the  obligation  of  their  inden 
tures,  providing  just  compensation  to  their  em 
ployers  for  loss  of  their  services  ?  Suppose  that 
these  volunteers  owed  labor  and  service  for  life, 
as  slaves,  instead  of  owing  it  for  a  term  of  years ; 
what  difference  could  it  make  as  to  the  right  of 
Government  to  use  their  services,  and  discharge 
their  obligations,  or  as  to  the  liability  to  indem 
nify  the  masters  ?  The  right  to  use  the  services 
of  the  minor,  the  apprentice,  and  the  slave,  for 
public  benefit,  belongs  to  the  United  States. 
The  claims  of  all  American  citizens  upon  their 
services,  whether  by  local  law,  or  by  common 
law,  or  by  indentures,  can  be  annulled  by  the 
same  power,  for  the  same  reasons,  and  under  the 
same  restrictions  that  govern  the  appropriation 
of  any  other  private  property  to  public  use. 

THE    UNITED     STATES     MAY    REQUIRE     ALL     SUBJECTS 
TO    DO    MILITARY    DUTY. 

Slaves,  as  well  as  apprentices  and  minors,  are 
equally  subjects  of  the  United  States,  whether 
they  are  or  are  not  citizens  thereof.  The  Govern 
ment  of  the  United  States  has  the  right  to  call 
upon  all  its  subjects  to  do  military  duty.  If 
those  who  owe  labor  and  service  to  others,  either 
by  contract,  by  indenture,  by  common  or  statute 
law,  or  by  local  usage,  could  not  be  lawfully 
called  upon  to  leave  their  employments  to  serve 
their  country,  no  inconsiderable  portion  of  the 
able-bodied  men  would  thus  be  exempt,  and  the 
Constitution  and  laws  of  the  land  providing  for 
calling  out  the  army  and  navy  would  be  set  at 
naught.  But  the  Constitution  makes  no  such 
exemptions  from  military  duty.  Private  rights 
cannot  be  set  up  to  overthrow  the  claims  of  the 
country  to  the  services  of  every  one  of  its  sub 
jects  who  owes  it  allegiance. 

How  far  the  United  States  is  under  obligation 
to  compensate  parents,  masters  of  apprentices,  or 
masters  of  slaves,  for  the  loss  of  service  and 
labor  of  those  subjects  who  are  enlisted  in  the 
army  and  navy,  has  not  been  yet  decided.*  The 
Constitution  recognizes  slaves  as  "persons  held 

*  If  an  apprentice  enlist  in  the  army,  the  courts  will  not,  upon 
a  habeas  corpus,  issued  at  the  relation  of  the  master,  remand 
the  apprentice  to  his  custody,  if  he  he  unwilling  to  return,  hut 
will  leave  the  master  to  his  suit  against  the  officer,  who,  by  Htat. 
16  Mar.  1802,  was  forbidden  to  enlist  bim  without  the  master's 
consent  Commonwealth  v.  JKobinson,  1  S.  &  R.  353 ;  Com 
monwealth  v.  Harris,  7  Pa.  L.  J  283. 


DOCUMENTS. 


689 


to  labor  or  service."  So  also  are  apprentices  and 
minor  children  "  persons  held  to  labor  and  ser 
vice."  And,  whatever  other  claims  may  be  set 
up,  by  the  laws  of  either  of  the  slave  States,  to 
any  class  of  "  persons,"  the  Constitution  recog 
nizes  only  the  claim  of  individuals  to  the  labor 
and  service  of  other  individuals.  It  seems  diffi 
cult,  therefore,  to  state  any  sound  principle 
which  should  require  compensation  in  one  case 
and  not  in  the  other. 

WILL  SLAVEHOLDERS  BE  ENTITLED  TO  INDEMNITY 
IF  THEIR  SLAVES  ARE  USED  FOR  MILITARY  PUR 
POSES  ? 

It  is  by  no  means  improbable,  that,  in  the 
emergency  which  we  are  fast  approaching,  the 
right  and  duty  of  the  country  to  call  upon  all 
its  loyal  subjects  to  aid  in  its  military  defence 
will  be  deemed  paramount  to  the  claims  of  any 
private  person  upon  such  subjects,  and  that  the 
loss  of  labor  and  service  of  certain  citizens,  like 
the  loss  of  life  and  property,  which  always  at 
tends  a  state  of  war,  must  be  borne  by  those 
upon  whom  the  misfortune  happens  to  fall.  It 
may  become  one  of  the  great  political  questions 
hereafter,  whether,  if  slavery  should  as  a  civil 
act  in  time  of  peace,  or  by  treaty  in  time  of  war, 
be  wholly  or  partly  abolished,  for  public  benefit, 
or  public  defence,  such  abolishment  is  an  appro 
priation  of  private  property  for  public  use, 
within  the  meaning  of  the  Constitution. 

INDEMNITY   TO    MORMONS. 

The  question  has  not  yet  arisen  in  the  courts 
of  the  United  States,  whether  the  act  of  Con 
gress,  which,  under  the  form  of  a  statute  against 
polygamy  abolishes  Mormonism,  a  domestic  in 
stitution,  sustained  like  slavery  only  by  local 
law,  is  such  an  appropriation  of  the  claims  of 
Mormons  to  the  labor  and  service  of  their  wives 
as  requires  just  compensation  under  the  Consti 
tution  ?  A  decision  of  this  question  may  throw 
some  light  on  the  point  now  under  consideration. 

EFFECT  OF  NATURALIZATION  AND  MILITIA  LAWS 
ON  THE  QUESTION  OF  INDEMNITY  TO  SLAVE- 
MASTERS. 

A  further  question  may  arise  as  to  the  appli 
cation  of  the  "  compensation "  clause  above  re 
ferred  to.  Congress  has  the  power  to  pass  natu 
ralization  laws,  by  Art.  I.  Sect.  8.  This  power 
has  never  been  doubted.  The  only  question  is, 
whether  this  power  is  not  exclusive.*  Congress 
may  thus  give  the  privileges  of  citizenship  to 
any  persons  whatsoever,  black  or  white.  Color 
ed  men,  having  been  citizens  in  some  of  the  States 
ever  since  they  were  founded,  having  acted  as 
citizens  prior  to  1788  in  various  civil  and  mili 
tary  capacities,  are  therefore  citizens  of  the 
United  States.! 

Under  the  present  laws  of  the  United  States, 

*  See  Chirac  v.  Chirac,  2  Whea.  269 ;  IT.  S.  v.  Villato,  2 
Ball  372  •  Thirlow  v.  Mass.,  5  How.  585;  Smith  v.  Turner, 
1  ib.  556 ;  Golden  v.  Prince,  3  W.  C  C.  Reports,  314. 

t  See  case  of  Dred  Scott ;  which  in  no  part  denies  that  if 
colored  men  were  citizens  of  either  of  the  States  which  adopted 
the  Constitution,  they  were  citizens  of  the  United  States. 


according  to  the  opinion  of  the  Attorney-Gene 
ral  of  Massachusetts,  colored  men  are  equally 
with  white  men  required  to  be  enrolled  in  the 
militia  of  the  United  States,*  although  such  was 
not  the  case  under  the  previous  acts  of  1792  anci 
1795.  "  The  general  Government  has  authority 
to  determine  who  shall  and  who  may  not  com 
pose  the  militia  of  the  United  States  ;  and  having 
so  determined,  the  State  government  has  no  legal 
authority  to  prescribe  a  different  enrolment.! 
If,  therefore,  Congress  exercise  either  of  these 
undoubted  powers  to  grant  citizenship  to  all  col 
ored  persons  residing  or  coming  within  either  of 
the  States,  or  to  pass  an  act  requiring  the  enrol 
ment  of  all  able-bodied  persons  within  a  prescrib 
ed  age,  whether  owing  labor  and  service  or  not,]: 
as  part  of  the  militia  of  the  United  States,  and 
thereby  giving  to  all,  as  they  become  soldiers  or 
seamen,  their  freedom  from  obligations  of  labor 
and  service,  except  military  labor  and  service, 
then  the  question  would  arise,  whether  Govern 
ment,  by  calling  its  own  subjects  and  citizens 
into  the  military  service  of  the  country,  in  case 
of  overwhelming  necessity,  could  be  required  by 
the  Constitution  to  recognize  the  private  'rela 
tions  in  which  the  soldier  might  stand,  by  local 
laws,  to  persons  setting  up  claims  against  him  ? 
If  white  subjects  or  citizens  owe  labor  and  serv 
ice,  even  by  formal  indentures,  such  obligations 
afford  no  valid  excuse  against  the  requisition  of 
Government  to  have  them  drafted  into  the  mili 
tia  to  serve  the  country.  The  Government  does 
not  compensate  those  who  claim  indemnity  for 
the  loss  of  such  "labor  and  service."  Whether 
the  color  of  the  debtor,  or  the  length  of  time 
during  which  the  obligation  (to  labor  and  serv 
ice)  has  to  run,  or  the  evidence  by  which  the 
existence  of  the  obligation  is  proved,  can  make 
an  essential  difference  between  the  different 
kinds  of  labor  and  service,  remains  to  be  seen. 
The  question  is,  whether  the  soldier  or  seaman, 
serving  his  country  in  arms,  can  be  deemed  pri 
vate  property,  as  recognized  in  the  Constitution 
of  the  United  States  ? 

DOES  THE  WAR  POWER  OF  SEIZURE  SUPERSEDE  THE 
CIVIL  POAVER  OF  CONGRESS  TO  APPROPRIATE  PRI 
VATE  PROPERTY  TO  PUBLIC  USE  ? 

That  the  property  of  any  citizen  may,  under 
certain  circumstances,  be  seized  in  time  of  war, 
by  military  officers,  for  public  purposes,  is  not 
questioned,  just  compensation  being  offered  or 
provided  for  ;  but  the  question  has  been  asked, 
whether  this  power  does  not  supersede  the  right 
of  Congress,  in  war,  to  pass  laws  to  take  away 
what  martial  law  leaves  unappropriated  ? 

This  inquiry  is  conclusively  answered  by  re 
ference  to  the  amendment  of  the  Constitution 
above  cited,  which  admits  the  existence  of  that 
power  in  CONGRESS  ;§  but  in  addition  to  this, 
there  are  other  clauses  which  devolve  powers 
and  duties  on  the  legislature,  giving  them  a 
large  and  important  share  in  instituting,  organ- 


*  See  Stat.  U.S.  July  17, 1862. 

$  See  Act  approved  February  24, 1864. 

§  Amendments,  Art.  V.  last  clause. 


t  8  Gray's  B.  615. 


690 


REBELLION  RECORD,   1862-63. 


izing,  carrying  on,  regulating,  and  ending  war ; 
and  these  duties  could  not,  under  all  circumstan 
ces,  be  discharged  in  war  without  exercising  the 
right  to  take  for  public  use  the  property  of  the 
subject.  It  would  seem  strange  if  private  pro 
perty  could  not  be  so  taken,  while  it  is  undenia 
ble  that  in  war  the  Government  can  call  into  the 
military  service  of  the  country  every  able-bodied 
citizen,  and  tax  his  property  to  any  extent. 

REFERENCES     AS     TO     THE     CONSTITUTION,     SHOWING 
THE    WAR    POWERS    OF    CONGRESS. 

The  powers  of  the  legislative  department  in 
relation  to  war  are  contained  chiefly  in  the  fol 
lowing  sections  in  the  Constitution  : 

Art.  I.  Sect.  8,  Cl.  11.  Congress  may  insti 
tute  war  by  declaring  it  against  an  enemy.  The 
President  alone  cannot  do  so.  Also,  Congress 
may  make  laws  concerning  captures  on  land,  as 
well  as  on  water. 

Art.  I.  Sect.  8,  Cl.  12.  Congress  may  raise 
and  support  armies  ;  and  provide  and  maintain  a 
navy. 

Art.  I.  Sect.  8,  Cl.  14.  Congress  may  make 
laws  for  the  government  of  land  and  naval  forces. 

Art.  I.  Sect.  8,  Cl.  15.  Congress  may  pro 
vide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrection,  and 
repel  invasion. 

Art.  I.  Sect.  8,  Cl.  16  :  And  may  provide  for 
organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States. 

The  preamble  to  the  Constitution  declares  the 
objects  for  which  it  was  framed  to  be  these : 
"To  form  a  more  perfect  Union;  establish  jus 
tice  ;  insure  domestic  tranquillity ;  provide  for 
the  common  defence;  promote  the  general  wel 
fare,  and  secure  the  blessings  of  liberty  to  our 
selves  and  our  posterity."  In  Art.  I.  Sect.  8, 
Cl.  1,  the  first  power  given  to  Congress  is  to  lay 
and  collect  taxes,  duties,  imposts,  and  excises, 
to  pay  the  debts,  and  provide  for  the  common 
defence  and  general  welfare  of  the  United  States. 
And  in  the  same  article  (the  eighteenth  clause)  ex 
press  power  is  given  to  Congress  to  make  all 
laws  which  shall  be  necessary  and  proper  for  car 
rying  into  execution  the  foregoing  and  all  other 
powers  vested  by  the  Constitution  in  the  Govern 
ment  of  the  United  States,  or  in  any  department 
or  officer  thereof." 

SLAVE  PROPERTY  SUBJECT  TO  THE  SAME  LIABILITY 
AS  OTHER  PROPERTY  TO  BE  APPROPRIATED  FOR 
WAR  PURPOSES. 

If  the  public  welfare  and  common  defence,  in 
time  of  war,  require  that  the  claims  of  masters 
over  their  apprentices  or  slaves  should  be  can 
celled  or  abrogated,  against  their  consent,  and  if 
a  general  law,  carrying  into  execution  such  abro 
gation,  is,  in  the  judgment  of  Congress,  ua  ne 
cessary  and  proper  measure  for  accomplishing 
that  object,"  there  can  be  no  question  of  the  con 
stitutional  power  and  right  of  Congress  to  pass 
such  laws.  The  only  doubt  is  in  relation  to  the 


right  to  compensation.  If  it  should  be  said  that 
the  release  of  slaves  from  their  servitude  would 
be  tantamount  to  impairing  or  destroying  the 
obligation  of  contracts,  it  may  be  said,  that 
though  States  have  no  right  to  pass  laws  im 
pairing  the  obligation  of  contracts,  Congress  is 
at  liberty  to  pass  such  laws.  It  will  be  readily 
perceived  that  the  right  to  abrogate  and  cancel 
the  obligations  of  apprentices  and  slaves  does  not 
rest  solely  upon  the  power  of  Congress  to  appro 
priate  private  property  to  public  use  ;  but  it  may 
be  founded  upon  their  power  and  obligation  to 
accomplish  one  of  the  chief  objects  for  which  the 
Union  was  formed,  namely,  to  provide  for  the 
common  defence  and  general  welfare  of  the 
United  States. 

IMPORTANCE    AND    DANGER    OF    THIS    POWER. 

The  powers  conveyed  in  this  eighteenth  clause 
of  Art.  I.  Sect.  8,  are  of  vast  importance  and  ex 
tent.  It  may  be  said  that  they  are,  in  one  sense, 
unlimited  and  discretionary.  They  are  more 
than  imperial.  But  it  was  intended  by  the  fram- 
ers  of  the  Constitution,  or,  what  is  of  more  im 
portance,  by  the  people  who  made  and  adopted 
it,  that  the  powers  of  Government  in  dealing 
with  civil  rights  in  time  of  peace,  should  be  de 
fined  and  limited  ;  but  the  powers  "  to  provide 
for  the  general  welfare  and  the  common  defence  " 
in  time  of  war,  should  be  unlimited.  It  is  true, 
that  such  powers  may  be  temporarily  abused  ; 
but  the  remedy  is  always  in  the  hands  of  the 
people,  who  can  unmake  laws  and  select  new 
representatives  and  senators. 

POWERS    OF    THE   PRESIDENT    NOT  IN    CONFLICT  WITH 
THOSE    OF    CONGRESS. 

It  is  not  necessary  here  to  define  the  extent  to 
which  congressional  legislation  may  justly  con 
trol  and  regulate  the  conduct  of  the  army  and 
navy  in  service  ;  or  where  falls  the  dividing  line 
between  civil  and  martial  law.  But  the  power 
of  Congress  to  pass  laws  on  the  subjects  ex 
pressly  placed  in  its  charge  by  the  terms  of  the 
Constitution,  cannot  be  taken  away  from  it,  by 
reason  of  the  fact  that  the  President,  as  com- 
mander-in-chief  of  the  army  and  navy,  also  has 
powers,  equally  constitutional,  to  act  upon  the 
same  subject-matters.  It  does  not  follow  that 
because  Congress  has  power  to  abrogate  the 
claims  of  Mormons  or  slaveholders,  the  President, 
as  commander,  may  not  also  do  the  same  thing. 

These  powers  are  not  inconsistent,  or  conflict 
ing.  Congress  may  pass  laws  concerning  cap 
tures  on  land  and  on  the  water.  If  slaves  are 
captured,  and  are  treated  as  "  captured  proper 
ty,"  Congress  should  determine  what  is  to  b« 
done  with  them  ;*  and  it  will  be  the  President's 
duty  to  see  that  these,  as  well  as  other  laws  of 
the  United  States,  are  executed. 

CONGRESS  HAS    POWER  UNDER  THE  CONSTITUTION    TO 
ABOLISH    SLAVERY. 

"Whenever,  in  the  judgment  of  Congress,  the 
common  defence  and  public  welfare,  in  time  of 

*  Constitution,  Art  I.  Sect.  8,  Cl.  11. 


DOCUMENTS. 


691 


war,  require  the  removal  of  the  condition  of 
slavery,  it  is  within  the  scope  of  their  constitu 
tional  authority  to  pass  laws  for  that  purpose. 

If  such  laws  are  deemed  to  take  private  prop 
erty  for  public  use,  or  to  destroy  private  proper 
ty  for  public  benefit,  as  has  been  shown,  that 
may  be  done  under  the  Constitution,  by  provid 
ing  just  compensation  ;  otherwise  no  compensa 
tion  car  be  required.  It  has  been  so  long  the 
habit  of  those  who  engage  in  public  life  to  dis 
claim  any  intention  to  interfere  with  slavery  in 
the  States,  that  they  have  of  late  become  accus 
tomed  to  deny  the  right  of  Congress  to  do  so. 
But  the  Constitution  contains  no  clause  or  sen 
tence  prohibiting  the  exercise  by  Congress  of  the 
plenary  power  of  abrogating  involuntary  servi 
tude.  The  only  prohibition  contained  in  that 
instrument  relating  to  persons  held  to  labor  and 
service,  is  in  Art.  IV.,  which  provides  that  "  No 
person  held  to  labor  and  service  in  one  State, 
under  the  laws  thereof,  escaping  into  another, 
shall,  in  consequence  of  any  law  or  regulation 
'  therein,'1  be  discharged  from  such  service  or  la 
bor,  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be 
due."  Thus,  if  a  slave  or  apprentice,  owing 
service  to  his  employer  in  Maryland,  escapes  to 
New-York,  the  legislature  of  New-York  cannot, 
by  any  law  or  regulation,  legally  discharge  such 
apprentice  or  slave  from  his  liability  to  his  em 
ployer.  This  restriction  is,  in  express  terms,  ap 
plicable  only  to  State  Legislatures,  and  not  to 
Congress. 

Many  powers  given  to  Congress  are  denied  to 
the  States  ;  and  there  are  obvious  reasons  why 
the  supreme  government  alone  should  exercise 
so  important  a  right.  That  a  power  is  withdrawn 
from  the  States,  indicates,  by  fair  implication, 
that  it  belongs  to  the  United  States,  unless  ex 
pressly  prohibited,  if  it  is  embraced  within  the 
scope  of  powers  necessary  to  the  safety  and  pre 
servation  of  the  government,  in  peace  or  in  civil 
war. 

It  will  be  remarked  that  the  provision  as  to 
slaves  in  the  Constitution  relates  only  to  fugi 
tives  from  labor  escaping  from  one  State  into 
another,  not  to  the  status  or  condition  of  slaves 
in  any  of  the  States  where  they  are  held,  while 
another  clause  in  the  Constitution  relates  to 
fugitives  from  justice.*  Neither  clause  has  any 
application  to  citizens  or  persons  who  are  not 
fugitioes.  And  it  would  be  a  singular  species 
of  reasoning  to  conclude  that,  because  the  Con 
stitution  prescribed  certain  rules  of  conduct  to 
ward  persons  escaping  from  one  State  into  an 
other,  therefore  there  is  no  power  to  make  rules 
relating  to  other  persons  who  do  not  escape  from 
one  State  into  another.  If  Congress  were  ex 
pressly  empowered  to  pass  laws  relating  to  per 
sons  when  escaping  from  j ustice  or  labor,  by  flee 
ing  from  their  own  States,  it  would  be  absurd  to 
infer  that  there  could  be  no  power  to  pass  laws 
relating  to  these  same  persons  when  staying  at 
home.  The  Government  may  pass  laws  requir 
ing  the  return  of  fugitives  ;  they  may  pass  other 

•  Constitution,  Art.  IT.  Sect.  1. 


laws  punishing  their  crimes,  or  relieving  them 
from  penalty.  The  power  to  do  the  one  by  no 
means  negatives  the  power  to  do  the  other.  If 
Congress  should  discharge  the  obligations  of 
slaves  to  render  labor  and  service,  by  passing  a 
law  to  that  effect,  such  law  would  supersede  and 
render  void  all  rules,  regulations,  customs,  or 
laws  of  either  State  to  the  contrary,  for  the  Con 
stitution,  treaties,  and  laws  of  the  United  States, 
are  the  supreme  law  of  the  land.  If  slaves  were 
released  by  act  of  Congress,  or  by  the  act  of  their 
masters,  there  would  be  no  person  held  to  labor 
as  a  slave  by  the  laws  of  any  State,  and  there 
fore  there  would  be  no  ^person  to  whom  the 
clause  in  the  Constitution  restraining  State  legis 
lation  could  apply.  This  clause,  relating  to  fu 
gitive  slaves,  has  often  been  misunderstood,  as 
it  has  been  supposed  to  limit  the  power  of  Con 
gress,  while  in  fact  it  applies,  in  plain  and  ex 
press  terms,  only  to  the  States,  controlling  or 
limiting  their  powers,  but  having  no  application 
to  the  general  government.  If  the  framers  of  the 
Constitution  intended  to  take  from  Congress  the 
power  of  passing  laws  relating  to  slaves  in  the 
States  or  elsewhere,  they  would  have  drafted  a 
clause  to  that  effect.  They  did  insert  in  that  in 
strument  a  proviso  that  Congress  should  pass  no 
law  prohibiting  the  "  importation  of  such  per 
sons  as  any  of  the  States  should  think  proper  to 
admit"  (meaning  slaves)  "prior  to  1808."* 
And  if  they  did  not  design  that  the  legislature 
should  exercise  control  over  the  subject  of  do 
mestic  slavery,  whenever  it  should  assume  such  an 
aspect  as  to  involve  national  interests,  the  intro 
duction  of  the  proviso  relating  to  the  slave-trade, 
and  of  several  other  clauses  in  the  plan  of  govern 
ment,  makes  the  omission  of  any  prohibition  of 
legislation  on  slavery  unaccountable. 

CONCLUSION. 

Thus  it  has  been  shown  that  the  Government 
have  the  right  to  appropriate  to  public  use  pri 
vate  property  of  every  description  ;  that  "  public 
use"  may  require  the  employment  or  the  de 
struction  of  such  property  ;  that  if  the  "  right  to 
the  labor  and  service  of  others,"  as  slaves,  be  re 
cognized  in  the  broadest  sense  as  u  property," 
there  is  nothing  in  the  Constitution  which  de 
prives  Congress  of  the  power  to  appropriate 
"that  description  of  property"  to  public  use,  by 
terminating  slavery,  as  to  all  persons  now  held 
in  servitude,  whenever  laws  to  that  effect  are  re 
quired  by  "  the  public  welfare  and  the  common 
defence"  in  time  of  war  ;  that  this  power  is  left 
to  the  discretion  of  Congress,  who  are  the  sole 
and  exclusive  judges  as  to  the  occasions  when  it 
shall  be  exercised,  and  from  whose  judgment 
there  is  no  appeal.  The  right  to  "just  compensa 
tion  "  for  private  property  so  taken,  depends 
upon  the  circumstances  under  which  it  is  taken, 
and  the  loyalty  and  other  legal  conditions  of  the 
claimant. 

Note.— As  to  the  use  of  discretionary  powers  in  oth&r  depart- 
ments,  see  Martin  v.  Mott,  12  Wheat.  29-31 ;  Luthvr  v.  Bor* 
dttn,  1  How.  44-45. 

*  Constitution,  Art.  I.  Sect.  9. 


692 


REBELLION  RECORD,  1862-63. 


INTRODUCTION  TO  CHAPTER  II. 

The  Constitution,  Art.  I.  Sect.  8,  Clause  18, 
gives  Congress  power  "  to  make  all  laics  which 
shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  Constitution  in  the  Gov 
ernment  of  the  United  States,  or  in  any  depart 
ment  or  officer  thereof." 

Art.  II.  Sect.  2,  Clame  1,  provides  that  "the 
President  shall  be  Commander-in- Chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the 
Militia  of  the  several  States,  when  called  into  the 
actual  service  of  the  United  States." 

Art.  I.  Sect.  8,  declares  that  "  Congress  shall 
have  power  to  provide  'for  calling  forth  the  Mili 
tia  to  execute  the  laws  of  the  Union,  suppress  in 
surrections,  and  repel  invasions." 

As  the  President  is,  within  the  sense  of  Art. 
I.  Sect.  8,  Clame  18,  "an  officer  of  Govern 
ment  ;"  and  by  virtue  of  Art.  II.  Sect.  2,  Clause 
1,  he  is  Commander-in- Chief  of  the  Army  and 
Navy ;  and  as,  by  virtue  of  Art.  II.  Sect.  2, 
Clame  1,  and  Art.  I.  Sect.  8,  the  power  is  vested 
in  him  as  "  an  officer  of  the  Government "  to 
suppress  rebellion,  repel  invasion,  and  to  main 
tain  the  Constitution  by  force  of  arms,  in  time 
of  war,  and  for  that  purpose  to  overthrow,  con 
quer,  and  subdue  the  enemy  of  his  countr}r,  so 
completely  as  to  "  insure  domestic  tranquillity  " — 
it  follows  by  Art.  I.  Sect  8,  Clause  18,  that  Con 
gress  may,  in  time  of  war,  pass  all  laws  which 
shall  be  necessary  and  proper  to  enable  the  Pre 
sident  to  carry  into  execution  "  all  his  military 
powers. 

It  is  his  duty  to  break  down  the  enemy,  and 
to  deprive  them  of  their  means  of  maintaining 
war :  Congress  is  therefore  bound  to  pass  such 
laws  as  will  aid  him  in  accomplishing  that 
object. 

If/  it  has  power  to  make  laws  for  carrying  on 
the  Government  in  time  of  peace,  it  has  the 
power  and  duty  to  make  laws  to  preserve  it  from 
destruction  in  time  of  war. 

CHAPTER  II. 

WAR    POWERS    OF    CONGRESS.* 

CONGRESS  has  power  to  frame  statutes  not  only 
for  the  punishment  of  crimes,  but  also  for  the 
purpose  of  aiding  the  President,  as  commander- 
in-chief  of  the  army  and  navy,  in  suppressing  re 
bellion,  and  in  the  final  and  permanent  conquest 
of  a  public  enemy.  "  It  may  pass  such  laws  as 
it  may  deem  necessary,"  says  Chief-Justice  Mar 
shall,  "  to  carry  into  execution  the  great  powers 
granted  by  the  Constitution  ;"  and  "  necessary 
means,  in  the  sense  of  the  Constitution,  does  not 
import  an  absolute  physical  necessity,  so  strong 
that  one  thing  cannot  exist  without  the  other. 
It  stands  for  any  means  calculated  to  produce 
the  end" 

RULES    OF    INTERPRETATION. 

The  Constitution  provides  that  Congress  shall 
have  power  to  pass  "all  laws  necessary  and  pro- 

*  For  references  to  the  clauses  of  the  Constitution  containing 
the  war  powers  of  Congress,  see  ante,  page  G'JO. 


per "  for  carrying  into  execution  all  the  powers 
granted  to  the  Government  of  the  United  States, 
or  any  department  or  officer  thereof.  The  word 
"necessary,"  as  used,  is  not  limited  by  the  addi 
tional  word  "  proper,"  but  enlarged  thereby. 

"  If  the  word  necessary  were  used  in  the  strict, 
rigorous  sense,  it  would  be  an  extraordinary  de 
parture  from  the  usual  course  of  the  human 
mind,  as  exhibited  in  solemn  instruments,  to  add 
another  word,  the  only  possible  elFect  of  which 
is  to  qualify  that  strict  and  rigorous  meaning, 
and  to  present  clearly  the  idea  of  a  choice  of 
means  in  the  course  of  legislation.  If  no  means 
are  to  be  resorted  to  but  such  as  are  indispensa 
bly  necessary,  there  can  be  neither  sense  nor 
utility  in  adding  the  word  ' proper,'  for  the  indis 
pensable  necessity  would  shut  out  from  view  all 
consideration  of  the  propriety  of  the  means."* 

Alexander  Plamilton  says  : 

"  The  authorities  essential  to  the  care  of  the 
common  defence  are  these :  To  raise  armies  ;  to 
build  and  equip  fleets  ;  to  prescribe  rules  for  the 
government  of  both  ;  to  direct  their  operations  ; 
to  provide  for  their  support  *  These  powers 
ought  to  exist  WITHOUT  LIMITATION,  because  it  is 
impossible  to  foresee  or  to  define  the  extent  and 
variety  of  national  exigencies,  and  the  corre 
spondent  extent  and  variety  of  the  means  neces 
sary  to  satisfy  them.  The  circumstances  which 
endanger  the  safety  of  nations  are  infinite ;  and 
for  this  reason  no  constitutional  shackles  can 
wisely  be  imposed  on  the  power  to  which  the 
care  of  it  is  committed.  .  .  .  This  power 
ought  to  be  under  the  direction  of  the  same 
councils  which  are  appointed  to  preside  over  the 
common  defence.  ...  It  must  be  admitted, 
as  a  necessary  consequence,  that  there  can  be  no 
limitation  of  that  authority  which  is  to  provide 
for  the  defence  and  protection  of  the  community 
in  any  matter  essential  to  its  efficacy — that  is,  in 
any  matter  essential  to  the  formation,  direction, 
or  support  of  the  NATIONAL  FORCES." 

This  statement,  Hamilton  says  : 

"  Rests  upon  two  axioms,  simple  as  they  are 
universal :  the  means  ought  to  be  proportioned 
to  the  end;  the  persons  from  whose  agency  the 
attainment  of  the  end  is  expected,  ought  to"  pos 
sess  the  means  by  which  it  is  to  be  attained."! 

The  doctrine  of  the  Supreme  Court  of  the 
United  States,  announced  by  Chief-Justice  Mar 
shall,  and  approved  by  Daniel  Webster,  Chan 
cellor  Kent,  and  Judge  Story,  is  thus  stated  : 

"  The  Government  of  the  United  States  is  one 
of  enumerated  powers,  and  it  can  exercise  only 
the  powers  granted  to  it ;  but  though  limited  ir. 
its  powers,  it  is  supreme  within  its  sphere  of  ac 
tion.  It  is  the  Government  of  the  people  of  the 
United  States,  and  emanated  from  them.  Its 
powers  were  delegated  by  all,  and  it  represents 
all,  and  acts  for  all. 

"  There  is  nothing  in  the  Constitution  which 
excludes  incidental  or  implied  powers.  The  Ar 
ticles  of  Confederation  gave  nothing  to  the  United 
States  but  what  was  expressly  granted  ;  but  the 

*  3  Story's  Commentaries,  Sec.  123. 
t  Federalist,  No.  23,  pp.  95,  96. 


DOCUMENTS. 


69? 


new  Constitution  dropped  the  word  expressly,  and 
left  the  question  whether  a  particular  power  was 
granted  to  depend  on  a  fair  construction  of  the 
whole  instrument.  No  Constitution  can  contain 
an  accurate  detail  of  all  the  subdivisions  of  its 
powers,  and  all  the  means  by  which  they  might 
be  carried  into  execution.  It  would  render  it  too 
prolix.  Its  nature  requires  that  only  the  great 
outlines  should  be  marked,  and  its  important  ob 
jects  designated,  and  all  the  minor  ingredients 
left  to  be  deduced  from  the  nature  of  those  ob 
jects.  The  sword  and  the  purse,  all  the  external 
relations,  and  no  inconsiderable  portion  of  the 
industry  of  the  nation,  were  intrusted  to  the 
general  Government ;  and  a  government  intrust 
ed  with  such  ample  powers,  on  the  due  execution 
of  which  the  happiness  and  prosperity  of  the 
people  vitally  depended,  must  also  be  intrusted 
with  ample  means  of  their  execution.  Unless  the 
words  imperiously  require  it,  we  ought  not  to 
adopt  a  construction  which  would  impute  to  the 
framers  of  the  Constitution,  when  granting  great 
powers  for  the  public  good,  the  intention  of  im 
peding  their  exercise  by  withholding  a  choice  of 
means.  The  powers  given  to  the  Government 
imply  the  ordinary  means  of  execution  ;  and  the 
Government,  in  all  sound  reason  and  fair  inter 
pretation,  must  have  the  choice  of  the  means 
which  it  deems  the  most  convenient  and  appro 
priate  to  the  execution  of  the  power.  The  Con 
stitution  has  not  left  the  right  of  Congress  to 
employ  the  necessary  means  for  the  execution  of 
its  powers  to  general  reasoning.  Art.  I.  Sect.  8, 
of  the  Constitution  expressly  confers  on  Congress 
the  power  '  to  make  all  laws  that  may  be  neces 
sary  and  proper  to  carry  into  execution  the  fore 
going  power.' 

"  Congress  may  employ  such  means  and  pass 
such  laws  as  it  may  deem  necessary  to  carry  into 
execution  great  powers  granted  by  the  Constitu 
tion  ;  and  necessary  means,  in  the  sense  of  the 
Constitution,  does  not  import  an  absolute  physi 
cal  necessity,  so  strong  that  one  thing  cannot  ex 
ist  without  the  other.  It  stands  for  any  means 
calculated  to  produce  the  end.  The  word  neces 
sary  admits  of  all  degrees  of  comparison.  A 
thing  may  be  necessary,  or  very  necessary,  or 
absolutely  or  indispensably  necessary.  The  word 
is  used  in  various  senses,  and  in  its  construction 
the  subject,  the  context,  the  intention,  are  all  to 
be  taken  into  view.  The  powers  of  the  Govern 
ment  were  given  for  the  welfare  of  the  nation. 
They  were  intended  to  endure  for  ages  to  come, 
and  to  be  adapted  to  the  various  crises  in  human 
affairs.  To  prescribe  the  specific  means  by  which 
Government  should  in  all  future  time  execute  its 
power,  and  to  confine  the  choice  of  means  to  such 
narrow  limits  as  should  not  leave  it  in  the  power 
of  Congress  to  adopt  any  which  might  be  appro 
priate  and  conducive  to  the  end,  would  be  most 
unwise  and  pernicious,  because  it  would  be  an 
attempt  to  provide,  by  immutable  rules,  for  exi 
gencies  which,  if  foreseen  at  all,  must  have  been 
foresen  dimly,  and  would  deprive  the  legislature 
of  the  capacity  to  avail  itself  of  experience,  or  to  I 


exercise  its  reason,  and  accommodate  its  legis 
lation  to  circumstances.  If  the  end  be  legiti 
mate,  and  within  the  scope  of  the  Constitution, 
all  means  which  are  appropriate,  and  plainly 
adapted  to  this  end,  and  which  are  not  prohibited 
by  the  Constitution,  are  lawful."* 

Guided  by  these  principles  of  interpretation,  it 
is  obvious  that  if  the  confiscation  of  property,  or 
the  liberation  of  slaves  of  rebels,  be  "plainly 
adapted  to  the"  end  " — that  is,  to  the  suppression 
of  rebellion  —  it  is  within  the  power  of  Congress 
to  pass  laws  for  those  purposes.  Whether  they 
are  adapted  to  produce  that  result  is  for  the 
legislature  alone  to  decide,  But,  in  considering 
the  war  powers  conferred  upon  that  department 
of  government,  a  broad  distinction  is  to  be  ob 
served  between  confiscation  or  emancipation  laws, 
passed  in  time  of  peace,  for  the  punishment  of 
crime,  and  similar  laws,  passed  in  time  of  war,  to 
aid  the  President  in  suppressing  rebellion,  in 
carrying  on  a  civil  war,  and  in  securing  "the 
public  welfare  "  and  maintaining  the  "common 
defence"  of  the  country.  Congress  may  pass 
such  laws  in  peace  or  in  war  as  are  within  the 
general  powers  conferred  on  it,  unless  they  fall 
within  some  express  prohibition  of  the  Constitu 
tion.  If  confiscation  or  emancipation  laws  are 
enacted  under  the  war  powers  of  Congress,  we 
must  determine,  in  order  to  test  their  validity, 
whether,  in  suppressing  a  rebellion  of  colossal 
proportions,  the  United  States  are,  within  the 
meaning  of  the  Constitution,  at  war  with  its  own 
citizens  ?  whether  confiscation  and  emancipation 
are  sanctioned  as  belligerent  rights  by  the  law 
and  usage  of  civilized  nations  ?  and  whether  our 
Government  has  full  belligerent  rights  against  its 
rebellious  subjects  ? 

ARE    THE    UNITED    STATES    AT   WAR? 

War  may  originate  in  either  of  several  ways. 
The  navy  of  a  European  nation  may  attack  an 
American  frigate  in  a  remote  sea.  Hostilities 
then  commence  without  any  invasion  of  the  soil 
of  America,  or  any  insurrection  of  its  inhabitants. 
A  foreign  power  may  send  troops  into  our  terri 
tory  with  hostile  intent,  and  without  declaration 
of  war ;  yet  war  would  exist  solely  by  this  act 
of  invasion.  Congress,  on  one  occasion,  passed 
a  resolution  that  "war  existed  by  the  act  of 
Mexico  ;"  but  no  declaration  of  war  had  been 
made  by  either  belligerent.  Civil  war  may  com 
mence  either  as  a  general  armed  insurrection  of 
slaves,  a  servile  war ;  or  as  an  insurrection  of 
their  masters,  a  rebellion  ;  or  as  an  attempt,  by 
a  considerable  portion  of  the  subjects,  to  over 
throw  their  government  —  which  attempt,  if  suc 
cessful,  is  termed  a  revolution.  Civil  war,  with 
in  the  meaning  of  the  Constitution,  exists  also 
whenever  any  combination  of  citizens  is  formed 
to  resist  generally  the  execution  of  any  one  or 
of  all  the  laws  of  the  United  States,  if  accompa 
nied  with  overt  acts  to  give  that  resistance  effect. 

*  On  the  interpretation  of  Constitutional  power,  see  1  Kent's 
Com.  351,  352;  McOitlloch,  v.  The  State  of  Maryland,  4 
Wheat.  R.  413-120. 


SUP.  Doc.  45 


694 


REBELLION  RECORD,  1862-63. 


DECLARATION  OF  WAR  NOT  NECESSARY  ON  THE 
PART  OF  THE  GOVERNMENT  TO  GIVE  IT  FULL 
BELLIGERENT  POWERS. 

A  state  of  war  may  exist,  arising  in  either  of 
the  modes  above  mentioned,  without  a  declara 
tion  of  war  by  either  of  the  hostile  parties. 
Congress  has  the  sole  power,  under  the  Consti 
tution,  to  make  that  declaration,  and  to  sanction 
or  authorize  the  commencement  of  offensive  war. 
If  the  United  States  commence  hostilities  against 
a  foreign  nation,  such  commencement  is  by  pro 
clamation,  which  is  equivalent  to  a  declaration  of 
war.  But  this  is  quite  a  different  case  from  a 
defensive  or  a  civil  war.  The  Constitution  es 
tablishes  the  mode  in  which  this  Government 
shall  commence  wars,  and  what  authority  shall 
ordain,  and  what  declarations  shall  precede,  any 
act  of  hostility  ;  but  it  has  no  power  to  prescribe 
the  manner  in  which  others  should  begin  war 
against  us.  Hence  it  follows,  that  when  war  is 
commenced  against  this  country,  by  aliens  or  by 
citizens,  no  declaration  of  war  by  the  Govern 
ment  is  necessary.*  The  fact  that  war  is  levied 
against  the  United  States,  makes  it  the  duty  of 
the  President  to  call  out  the  army  or  navy  to 
subdue  the  enemy,  whether  foreign  or  domestic. 
The  chief  object  of  a  declaration  of  war  is  to  give 
notice  thereof  to  neutrals,  in  order  to  fix  their 
rights,  and  liabilities  to  the  hostile  powers,  and 
to  give  to  innocent  parties  reasonable  time  to 
withdraw  their  persons  and  property  from  dan 
ger.  If  the  commander-in-chief  could  not  call 
out  his  forces  to  repel  an  invasion  until  Congress 
should  have  made  a  formal  declaration  of  war,  a 
foreign  army  might  march  from  Canada  to  the 
Gulf  before  such  declaration  could  be  made,  if  it 
should  commence  the  campaign  while  Congress 
was  not  in  session.  Before  a  majority  of  its 
members  could  be  convened,  our  navy  might  be 
swept  from  the  seas.  The  Constitution,  made  as 
it  was  by  men  of  sense,  never  leaves  the  nation 
powerless  for  self-defence.  That  instrument, 
which  gives  the  legislature  authority  to  declare 
war,  whenever  war  is  initiated  by  the  United 
States,  also  makes  it  the  duty  of  the  President, 
as  commander-in-chief,  to  engage  promptly  and 
effectually  in  war ;  or,  in  other  words,  to  make 
the  United  States  a  belligerent  nation,  without 
declaration  of  war,  or  any  other  act  of  Congress, 
whenever  he  is  legally  called  upon  to  suppress 
rebellion,  repel  invasion,  or  to  execute  the  laws 
against  armed  and  forcible  resistance  thereto. 
The  President  has  his  duty,  Congress  have  theirs  ; 
they  are  separate,  and  in  some  respects  inde 
pendent.  Nothing  is  clearer  than  this,  that  when 
such  a  state  of  hostilities  exists  as  justifies  the 
President  in  calling  the  army  into  actual  service, 
without  the  authority  of  Congress,  no  declaration 
of  war  is  requisite,  either  in  form  or  substance, 
for  any  purpose  whatsoever.  Hence  it  follows, 
that  Government,  while  engaged  in  suppressing 
a  rebellion,  is  not  deprived  of  the  rights  of  a  bel- 

*  See  opinion  of  the  Supreme  Court  of  the  United  State*  on 
this  subject,  pronounced  March,  1S68. 


ligerent  against  rebels,  by  reason  of  the  fact  that 
no  formal  declaration  of  war  has  been  made 
against  them,  as  though  they  were  an  alien  ene 
my — nor  by  reason  of  the  circumstance  that  this 
reat  civil  war  originated,  so  far  as  we  are  parties 
to  it,  in  an  effort  to  resist  an  armed  attack  of 
the  citizens  upon  the  soldiers  and  the  forts  of 
the  United  States.  It  must  not  be  forgotten 
that  by  the  law  of  nations,  and  by  modern  usage, 
no  formal  declaration  of  war  to  the  enemy  is  made 
or  deemed  necessary.*  All  that  is  now  requisite 
is  for  each  nation  to  make  suitable  declarations 
or  proclamations  to  its  own  citizens,  to  enable 
them  to  govern  themselves  accordingly.  These 
have  been  made  by  the  President. 

HAS      GOVERNMENT      FULL     WAR      POWERS      AGAINST 
REBEL    CITIZENS  ? 

Some  persons  have  questioned  the  right  of  the 
United  States  to  make  and  carry  on  war  against 
citizens  and  subjects  of  this  country.  Conceding 
that  the  President  may  be  authorized  to  call 
into  active  service  the  navy  and  army  "  to  repel 
invasion,  or  suppress  rebellion,"  they  neither  ad 
mit  that  suppressing  rebellion  places  the  country 
in  the  attitude  of  making  war  on  rebels,  nor  that 
the  commander-in-chief  has  the  constitutional 
right  of  conducting,  his  military  operations  as  he 
might  do  if  he  were  actually  at  war  (in  the  ordi 
nary  sense  of  the  term)  against  an  alien  enemy. 
Misapprehension  of  the  meaning  of  the  Constitu 
tion  on  this  subject  has  led  to  confusion  in  the 
views  of  some  members  of  Congress  during  the 
last  session,  and  has  in  no  small  degree  emascu 
lated  the  efforts  of  the  majority  in  dealing  with 
the  questions  of  emancipation,  confiscation,  and 
enemy's  property. 

Some  have  assumed  that  the  United  States  are 
not  at  war  with  rebels,  and  that  they  have  no 
authority  to  exercise  the  rights  of  war  against 
them.  They  admit  that  the  army  has  been 
lawfully  called  into  the  field,  and  may  kill  those 
who  oppose  them  ;  they  concede  that  rebels  may 
be  taken  captive,  their  gunboats  may  be  sunk, 
and  their  property  may  be  seized ;  that  martial 
law  may  be  declared  in  rebellious  districts,  and 
its  pains  and  penalties  may  be  enforced ;  that 
every  armed  foe  may  be  swept  out  of  the  country 
by  military  power.  Yet  they  entertain  a  vague 
apprehension  that  something  in  the  Constitu 
tion  takes  away  from  these  military  proceedings, 
in  suppressing  rebellion  and  in  resisting  the  at 
tacks  of  the  rebels,  the  quality  and  character  o£ 
warfare.  All  these  men  in  arms  are  not,  they 
fancy,  "making  war."  When  the  citizens  of 
Charleston  bombarded  Fort  Sumter,  and  cap 
tured  property  exclusively  owned  by  the  United 
States,  it  is  not  denied  that  they  were  "waging 
war  "  upon  the  Government.  When  Major  An 
derson  returned  the  enemy's  fire  and  attempted 
to  defend  the  fort  and  the  guns  from  capture,  it 
is  denied  that  the  country  was  "waging  war." 
While  other  nations,  as  well  as  our  own,  had 

*  See  1  Kent's  Com.  p.  51 


DOCUMENTS. 


695 


formally  or  informally  conceded  to  the  rebels  the 
character  and  the  rights  usually  allowed  to 
belligerents — that  is,  to  persons  making  war  on 
us — we,  according  to  the  constitutional  scruple 
a>ove  stated,  were  not  entitled  to  the  rights  of 
belligerents  against  them.  It  therefore  becomes 
important  to  know  what,  according  to  the  Con 
stitution,  the  meaning  of  the  term  "levying  war  " 
really  is  ;  and  as  the  military  forces  of  this  coun 
try  are  in  actual  service  to  suppress  rebellion, 
whether  such  military  service  is  making  war 
upon  its  own  citizens  ;  and  if  war  actually  ex 
ists,  whether  there  is  any  thing  in  the  Constitu 
tion  that  limits  or  controls  the  full  enjoyment 
and  exercise  by  the  Government  of  the  rights  of 
a  belligerent  against  the  belligerent  enemy  V 


IS  SUPPRESSING  REBELLION  BY  ARMS  MAKING 
WAR  ON  THE  CITIZENS  OF  THE  UNITED  STATES, 
IN  THE  SENSE  OF  THE  CONSTITUTION  ? 

To  "  repel  invasion "  by  arms,  all  admit,  is 
entering  upon  defensive  war  against  the  invader. 
War  exists  wherever  and  whenever  the  army  or 
navy  is  in  active  service  against  a  public  enemy. 

When  rebels  are  organized  into  armies  in  large 
numbers,  overthrow  the  government,  invade  the 
territory  of  States  not  consenting  thereto,  attack, 
and  seize,  and  confiscate  the  property  not  of  the 
Government  only,  but  of  all  persons  who  con 
tinue  loyal,  such  proceedings  constitute  war  in 
all  its  terrors — a  war  of  subjugation  and  of  con 
quest,  as  well  as  of  rebellion.  Far  less  than  these 
operations  constitutes  the  levying  of  war,  as 
those  terms  are  explained  in  the  language  of  the 
Constitution. 

"  War  is  levied "  on  the  United  States  wher 
ever  and  whenever  the  crime  of  treason  is  com 
mitted,  (see  Constitution,  Art.  III.  Sect.  3,  Cl.  3,) 
and  under  that  clause,  as  interpreted  by  the 
Supreme  Court,  "war  is  levied"  when  there  ex 
ists  a  combination  resorting  to  overt  acts  to 
oppose  generally  the  execution  of  any  law  of  the 
United  States,  even  if  no  armed  force  be  used. 
The  language  of  the  Constitution  is  clear  and 
express.  u  Treason  shall  consist  only  in  levying 
war  upon  the  United  States,  or  in  giving  aid  and 
comfort  to  the  enemy."  If,  therefore,  any  per 
son,  or  collection  of  persons,  have  committed  the 
crime  of  treason,  the  Constitution  declares  them 
to  have  levied  war.  As  traitors  they  have  be 
come  belligerent,  or  war-levying  enemies. 

War  may  be  waged  against  the  Government 
or  by  the  Government;  it  may  be  either  offensive 
or  defensive.  Wherever  war  exists  there  must 
be  two  parties  to  it.  If  traitors  (belligerents  by 
the  terms  of  the  Constitution)  are  one  party,  the 
Government  is  the  other  party.  If,  when  trea 
son  is  committed,  any  body  is  at  war,  then  it 
follows  that  the  United  States  are  at  war.  The 
inhabitants  of  a  section  of  this  country  have 
issued  a  manifesto  claiming  independence  ;  they 
have  engaged  in  open  war  on  land  and  sea  to 
maintain  it ;  they  have  invaded  territory  of  peace 
ful  and  loyal  sections  of  the  Union ;  they  have 
ieized  and  confiscated  ships,  arsenals,  arms,  forts, 


public  and  private  property  of  our  Government 
and  people,  and  have  killed,  captured,  and  im 
prisoned  soldiers  and  private  citizens.  Of  the 
million  of  men  in  arms,  are  those  on  one  side  levy 
ing  war,  and  are  those  opposed  to  them  not  levy 
ing  war  ? 

As  it  takes  two  parties  to  carry  on  war,  either 
party  may  begin  it.  That  party  which  begins 
usually  declares  war.  But  when  it  is  actually 
begun,  the  party  attacked  is  as  much  at  war  as 
the  party  who  made  the  attack.  The  United 
States  are  AT  WAR  with  rebels,  in  the  strictly  legal 
and  constitutional  sense  of  the  term,  and  have 
therefore  all  the  rights  against  them  which  follow 
from  a  state  of  war,  in  addition  to  those  which 
are  derived  from  the  fact  that  the  rebels  are  also 
subjects. 

REBELS     MAY    BE     TREATED    AS     BELLIGERENTS    AND 
AS    SUBJECTS. 

Wars  may  be  divided  into  two  classes,  foreign 
and  civil.  In  all  civil  wars  the  Government 
claims  the  belligerents,  on  both  sides,  as  subjects, 
and  has  the  legal  right  to  treat  the  insurgents 
both  as  subjects  and  as  belligerents  ;  and  they 
therefore  may  exercise  the  full  and  untrammelled 
powers  of  war  against  their  subjects,  or  they 
may,  in  their  discretion,  relieve  them  from  any 
of  the  pains  and  penalties  attached  to  either  of 
these  characters.  The  right  of  a  country  to  treat 
its  rebellious  citizens  both  as  belligerents  and  as 
subjects  has  long  been  recognized  in  Europe,  and 
by  the  Supreme  Court  of  the  United  States. 
In  the  civil  war  between  St.  Domingo  and  France, 
such  rights  were  exercised,  and  were  recognized 
as  legitimate  in  Hose  v.  Himely,  4  Cranch,  272. 
So  in  Cherriot  v.  Foussatt,  3  Binney,  252.  In 
Dobrie  v.  Napier,  3  Scott  R.  225,  it  was  held 
that  a  blockade  of  the  coast  of  Portugal,  by  the 
Queen  of  that  country,  was  lawful,  and  a  vessel 
was  condemned  as  a  lawful  prize  for  running  the 
blockade.  The  cases  of  the  Santisima  Trinidad. 
7  Wheat.  306,  and  United  States  v.  Palmer,  3 
W.  635,  confirm  this  doctrine.  By  the  terms  of 
the  Constitution  defining  treason,  a  traitor  must 
be  a  subject  and  a  belligerent,  and  none  but  a 
belligerent  subject  can  be  a  traitor. 

The  Government  have  in  fact  treated  the  in 
surgents  as  belligerents  on  several  occasions,  with 
out  recognizing  them  in  express  terms  as  such. 
They  have  received  the  capitulation  of  rebels  at 
Hatteras,  as  prisoners  of  war,  in  express  terms, 
and  have  exchanged  prisoners  of  war  as  such, 
and  have  blockaded  the  coast  by  military  author 
ity,  and  have  officially  informed  other  nations  of 
such  blockade,  and  of  their  intention  to  make  it 
effective,  under  the  present  law  of  nations.  They 
have  not  exercised  their  undoubted  right  to  re 
peal  the  laws  making  either  of  the  blockaded 
harbors  ports  of  entry.  They  have  relied  solely 
on  their  belligerent  rights,  under  the  law  of 
nations. 

Having  thus  the  full  powers  and  right  of  mak 
ing  and  carrying  on  war  against  the  rebels,  both 
as  subjects  and  as  belligerents,  this  right  free* 


696 


REBELLION  RECORD,  1862-63. 


the  President  and  Congress  from  the  difficulties 
which  might  arise  if  rebels  could  be  treated  only 
as  SUBJECTS,  and  if  war  could  not  be  waged  upon 
them.  If  conceding  to  rebels  the  privileges  of 
belligerents  should  relieve  them  from  some  of  the 
harsher  penalties  of  treason,  it  will  subject  them 
to  the  liabilities  of  the  belligerent  character.  The 
privileges  and  the  disadvantages  are  correlative. 
But  it  is  by  no  means  conceded  that  the  Govern 
ment  may  not  exercise  the  right  of  treating  the 
same  rebels  both  as  subjects  and  as  belligerents. 
The  Constitution  defines  a  rebel  who  commits 
treason  as  one  who  "levies  war"  on  the  United 
States  ;  and  the  laws  punish  this  highest  of  crimes 
with  death,  thus  expressly  treating  the  same  per 
son  as  subject  and  as  belligerent.  Those  who 
save  their  necks  from  the  halter  by  claiming  to 
be  treated  as  prisoners  of  war,  and  so  to  protect 
themselves  under  the  shield  of  belligerent  rights, 
must  bear  the  weight  of  that  shield,  and  submit 
to  the  legal  consequences  of  the  character  they 
claim.  They  cannot  sail  under  two  flags  at  the 
same  time.  But  a  rebel  does  not  cease  to  be  a 
subject  because  he  has  turned  traitor.  The  Con 
stitution  expressly  authorizes  Congress  to  pass 
laws  to  punish  traitor — that  is,  belligerent — sub 
jects  ;  and  suppressing  rebellion  by  armed  force 
is  making  war.  Therefore  the  war  powers  of 
Government  give  full  belligerent  rights  against 
rebels  in  arms. 

THE  LAW  OF   NATIONS    IS  ABOVE    THE    CONSTITUTION. 

Having  shown  that  the  United  States  being 
actually  engaged  in  civil  war — in  other  words, 
having  become  a  belligerent  power,  without  for 
mal  declaration  of  war — it  is  important  to  ascer 
tain  what  some  of  the  rights  of  belligerents  are, 
according  to  the  law  of  nations.  It  will  be  ob 
served  that  the  law  of  nations  is  above  the  con 
stitution  of  any  government,  and  no  people 
would  be  justified  by  its  peculiar  constitution  in 
violating  the  rights  of  other  nations.  Thus,  if  it 
had  been  provided  in  the  Articles  of  Confedera 
tion,  or  in  the  present  Constitution,  that  all  citi 
zens  should  have  the  inalienable  right  to  practise 
the  profession  of  piracy  upon  the  ships  and 
property  of  foreign  nations,  or  that  they  should 
be  lawfully  empowered  to  make  incursions  into 
England,  France,  or  other  countries,  and  seize 
by  force  and  bring  home  such  men  and  women 
as  they  should  select,  and,  if  these  privileges 
should  be  put  in  practice,  England  and  France 
would  be  justified  in  treating  us  as  a  nest  of 
pirates,  or  a  band  of  marauders  and  outlaws. 
The  whole  civilized  world  would  turn  against  us, 
and  we  should  justly  be  exterminated.  An  asso 
ciation  or  agreement  on  our  part  to  violate  the 
rights  of  others,  by  whatever  name  it  may  be 
designated,  whether  it  be  called  a  constitution, 
or  league,  or  conspiracy,  or  a  domestic  institu 
tion,  is  no  justification,  under  the  law  of  nations, 
for  illegal  or  immoral  acts. 

INTERNATIONAL   BELLIGERENT   RIGHTS  ARE  DETER 
MINED   BY  THE  LAW   OF   NATIONS. 

To  determine  what  are  the  rights  of  different 


nations  when  making  war  upon  each  other,  we 
look  only  to  the  law  of  nations.  The  peculiar 
forms  or  rights  of  the  subjects  of  one  of  these 
war-making  parties  under  their  own  government 
give  them  no  rights  over  their  enemy  other  than 
those  which  are  sanctioned  by  international  law. 
In  the  great  tribunal  of  nations,  there  is  a 
u  higher  law"  than  that  which  has  been  framed 
by  either  one  of  them,  however  sacred  to  each 
its  own  peculiar  laws  and  constitution  of  govern 
ment  may  be. 

But  while  this  supreme  law  is  in  full  force, 
and  is  binding  on  all  countms,  softening  the  as 
perities  of  war,  and  guarding  the  rights  of  neu 
trals,  it  is  not  conceded  that  the  government  of 
the  United  States,  in  a  civil  war  for  the  sup 
pression  of  rebellion  among  its  own  citizens,  is 
subject  to  the  same  limitations  as  though  the 
rebels  were  a  foreign  nation,  owing  no  allegi 
ance  to  the  country. 

With  this  caveat,  it  will  be  desirable  to  state 
some  of  the  rights  of  belligerents. 

BELLIGERENT  RIGHT  OF    CONFISCATION    OF  PERSONAL 
ESTATE. 

Either  belligerent  may , seize  and  confiscate  all 
the  property  of  the  enemy,  on  land  or  on  the 
sea,  including  real  as  well  as  personal  estate. 

PRIZE    COURTS. 

As  the  property  of  all  nations  has  an  equal 
right  upon  the  high  seas,  (the  highway  of  na 
tions,)  in  order  to  protect  the  commerce  of  neu 
trals  from  unlawful  interference,  it  is  necessary 
that  ships  and  cargoes  seized  on  the  ocean  should 
be  brought  before  some  prize  court,  that  it  may 
be  judicially  determined  whether  the  captured 
vessel  and  cargo  were,  in  whole  or  in  part,  ene 
my's  property  or  contraband  of  war.  The  de 
cision  of  any  prize  court,  according  to  the  law  of 
nations,  is  conclusive  against  all  the  world. 
Where  personal  property  of  the  enemy  is  cap 
tured  from  the  enemy,  on  land,  in  the  enemy's 
country,  no  decision  of  any  court  is  necessary 
to  give  a  title  thereto.  Capture  passes  the  title. 
This  is  familiar  law  as  administered  in  the 
courts  of  Europe  and  America.* 

TITLE    BY    CAPTURE. 

Some  persons  have  questioned  whether  title 
passes  in  this  country  by  capture  or  confiscation, 
by  reason  of  some  of  the  limiting  clauses  of  the 
Constitution  ;  and  others  have  gone  so  far  as  to 
assert  that  all  the  proceedings  under  martial  law, 
such  as  capturing  enemy's  property,  imprison 
ment  of  spies  and  traitors,  and  seizures  of  ar 
ticles  contraband  of  war,  and  suspending  the 
habeas  corpus,  are  in  violation  of  the  Constitution, 
which  declares  that  no  man  shall  be  deprived  of 
life,  liberty,  or  property  without  due  process  of 

*  Alexander  v.  Duke  of  Wellington,  2  Russ.  &  Milne,  85. 
Lord  Brougham  said  that  military  prize  rests  upon  the  sam« 
principles  of  law  as  prize  at  sea,  though  in  general  no  st/itut* 
passes  with  respect  to  it.  See  1  Kent's  Comm.  357. 


DOCUMENTS. 


607 


law  ;  *  that  private  property  shall  not  be  taken 
for  public  use  without  just  compensation  ;  t  that 
unreasonable  searches  and  seizures  shall  not  be 
made  ;  f  that  freedom  of  speech  and  of  the  press 
shall  not  be  abridged  ;  §  and  that  the  right  of  the 
people  to  keep  and  bear  arms  shall  not  be  in 
fringed.  || 

THESE     PROVISIONS     NOT     APPLICABLE     TO    A    STATE 
OF    WAR. 

If  these  rules  are  applicable  to  a  state  of  war, 
then  capture  of  property  is  illegal,  and  does  not 
pass  a  title  ;  no  defensive  war  can  be  carried  on  ; 
no  rebellion  can  be  suppressed  ;  no  invasion  can 
be  repelled  ;  the  army  of  the  United  States,  when 
called  into  the  field,  can  do  no  act  of  hostility. 
Not  a  gun  can  be  fired  constitutionally,  because 
it  might  deprive  a  rebel  foe  of  his  life  without 
due  process  of  law — firing  a  gun  not  being  deem 
ed  "  due  process  of  law." 

Sect.  4  of  Art.  IV.  says,  that  "  the  United 
States  shall  guarantee  to  every  State  in  this  Union 
a  republican  form  of  government,  and  shall  pro 
tect  each  of  them  against  invasion,  and,  on  ap 
plication  of  the  legislature,  or  of  the  Executive, 
when  the  legislature  cannot  be  convened,  against 
domestic  violence." 

Art.  I.  Sect.  8,  gives  Congress  power  to  declare 
war,  raise  and  support  armies,  provide  and  main 
tain  a  navy  ;  to  provide  for  calling  forth  the 
militia  to  execute  the  laws  of  the  Union,  sup 
press  insurrection  and  repel  invasion  ;  to  provide 
for  organizing,  arming,  and  disciplining  the  mi 
litia,  and  for  governing  such  part  of  them  as  may 
be  in  the  service  of  the  United  States. 

If  these  rules  above  cited  have  any  application 
in  a  time  of  war,  the  United  States  cannot  protect 
each  of  the  States  from  invasion  by  citizens  of 
other  States,  nor  against  domestic  violence  ;  nor 
can  the  army,  or  militia,  or  navy  be  used  for  any 
of  the  purposes  for  which  the  Constitution  au 
thorizes  or  requires  their  employment.  If  all 
men  have  the  right  to  "  keep  and  bear  arms," 
what  right  has  the  a'rmy  of  the  Union  to  take 
them  away  from  rebels  ?  If  "  no  one  can  con 
stitutionally  be  deprived  of  life,  liberty,  or  pro 
perty,  without  due  process  of  law,"  by  what 
right  does  Government  seize  and  imprison  trai 
tors  ?  By  what  right  does  the  army  kill  rebels  in 
arms,  or  burn  up  their  military  stores  ?  If  the 
only  way  of  dealing  constitutionally  with  rebels 
in  arms  is  to  go  to  law  with  them,  the  President 
should  convert  his  army  into  lawyers,  justices  of 
the  peace,  and  constables,  and  serve  ''summon 
ses  to  appear  and  answer  to  complaints,"  instead 
of  a  summons  to  surrender.  He  should  send 
*'  GREETINGS"  instead  of  sending  rifle-shot.  He 
should  load  his  caissons  with  "  pleas  in  abate 
ment  and  demurrers,"  instead  of  thirty-two 
pound  shell  and  grape-shot.  In  short,  he  should 
levy  writs  of  execution,  instead  of  levying  war. 
On  the  contrary,  the  Commander-in-Chief  pro 
poses  a  different  application  of  the  due  process 


*  Constitutional  Amendments,  Art.  V. 
t  Ibid.  Art.  IV.  §  Ibid.  Art.  I. 


tlbid.  Art.  V. 
I  Ibid.  Art.  II. 


of  law.  His  summons  is,  that  rebels  should  lay 
down  their  arms;  his  pleas  are  batteries  and 
gunboats  ;  his  arguments  are  hot  shot,  and  al 
ways  "  to  the  point ;"  and  when  his  fearful  exe 
cution  is  "  levied  on  the  body,"  all  that  is  left 
will  be  for  the  undertaker. 


TRUE      APPLICATION      OF     THESE      CONSTITUTIONAL 
GUARANTEES. 

The  clauses  which  have  been  cited  from  the 
amendments  to  the  Constitution  were  intended 
as  declarations  of  the  rights  of  peaceful  and 
loyal  citizens,  and  safeguards  in  the  administra 
tion  of  justice  by  the  civil  tribunals  ;  but  it  was 
necessary,  in  order  to  give  the  Government  the 
means  of  defending  itself  against  domestic  or 
foreign  enemies,  to  maintain  its  authority  and 
dignity,  and  to  enforce  obedience  to  its  laws,  that 
it  should  have  unlimited  war  powers  ;  and  it 
must  not  be  forgotten  that  the  same  authority 
which  provides  those  safeguards,  and  guarantees 
those  rights,  also  imposes  upon  the  President 
and  Congress  the  duty  of  so  carrying  on  war  as 
of  necessity  to  supersede  and  hold  in  temporary 
suspense  such  civil  rights  as  may  prove  incon 
sistent  with  the  complete  and  effectual  exercise 
of  such  war  powers,  and  of  the  belligerent  rights 
resulting  from  them.  The  rights  of  war  and  the 
rights  of  peace  cannot  coexist.  One  must  yield 
to  the  other.  Martial  law  and  civil  law  cannot 
operate  at  the  same  time  and  place  upon  the 
same  subject-matter.  Hence  the  Constitution  is 
framed  with  full  recognition  of  that  fact ;  it  pro 
tects  the  citizen  in  peace  and  in  war ;  but  his 
rights  enjoyed  under  the  Constitution,  in  time  of 
peace  are  different  from  those  to  which  he  is  en 
titled  in  time  of  war. 

WHETHER  BELLIGERENTS  SHALL  BE  ALLOWED  CIVIL 
RIGHTS  UNDER  THE  CONSTITUTION  DEPENDS  UPON 
THE  POLICY  OF  GOVERNMENT. 

None  of  these  rights,  guaranteed  to  peaceful 
citizens  by  the  Constitution,  belong  to  them  after 
they  have  become  belligerents  against  their  own, 
government.  They  thereby  forfeit  all  protection 
under  that  sacred  charter  which  they  have  thus 
sought  to  overthrow  and  destroy.  One  party  to 
a  contract  cannot  break  it  and  at  the  same  time 
hold  the  other  to  perform  it.  It  is  true  that  if 
the  Government  elects  to  treat  them  as  subjects 
and  to  hold  them  liable  only  to  penalties  for  vio 
lating  statutes,  it  must  concede  to  them  all  the 
legal  rights  and  privileges  which  other  citizens 
would  have  when  under  similar  accusations  ;  and 
Congress  must  be  limited  to  the  provisions  of 
the  Constitution  in  legislation  against  them  as 
citizens.  But  the  fact  that  war  is  waged  by 
these  miscreants  releases  the  Government  from 
all  obligation  to  make  that  concession,  or  to  re 
spect  the  rights  to  life,  liberty,  or  property  of  its 
enemy,  because  the  Constitution  makes  it  the 
duty  of  the  President  to  prosecute  war  aga'nst 
them  in  order  to  suppress  rebellion  and  repel  in 
vasion. 


698 


REBELLION"   RECORD,  18B2-63. 


THE    CONSTITUTION    ALLOWS    CONFISCATION. 

Nothing  in  the  Constitution  interferes  with  the 
belligerent  right  of  confiscation  of  enemy  pro 
perty.  The  right  to  confiscate  is  derived  from  a 
state  of  war.  It  is  one  of  the  rights  of  war.  It 
originates  in  the  principle  of  self-preservation. 
It  is  the  means  of  weakening  the  enemy  and 
strengthening  ourselves.  The  right  of  confisca 
tion  belongs  to  the  Government  as  the  necessary 
consequence  of  the  power  and  duty  of  making 
war — offensive  or  defensive.  Every  capture  of 
enemy  ammunition  or  arms  is,  in  substance,  a 
confiscation,  without  its  formalities.  To  deny 
the  right  of  confiscation  is  to  deny  the  right  to 
make  war,  or  to  conquer  an  enemy. 

If  authority  were  needed  to  support  the  right 
of  confiscation,  it  may  be  found  in  8  Dallas,  227  ; 
Vat.  lib.  iii.  ch.  8,  sect.  188  ;  lib.  iii.  ch.  9,  sect. 
161  ;  Smith  v.  Mansfield,  Cranch,  306-7;  Coop 
er  v.  Telfair,  4  Dallas  ;  Brown  v.  U.  S.,  8  Cranch, 
110,  228,  229. 

The  following  extract  is  from  1  Kent's  Com., 
p.  59: 

u  But  however  strong  the  current  of  authority 
in  favor  of  the  modern  and  milder  construction 
of  the  rule  of  national  law  on  this  subject,  the 
point  seems  to  be  no  longer  open  for  discussion 
in  this  country  ;  and  it  has  become  definitely 
settled  in  favor  of  the  ancient  and  sterner  rule 
by  the  Supreme  Court  of  the  United  States. 
Brown  v.  United  States,  8  Cranch,  110;  ibid. 
228,  229. 

"  The  effect  of  war  on  British  property  found 
in  the  United  States  on  land,  at  the  commence 
ment  of  the  war,  was  learnedly  discussed  and 
thoroughly  considered  in  the  case  of  Brown,  and 
the  Circuit  Court  of  the  United  States  at  Boston 
decided  as  upon  a  settled  rule  of  the  law  of  na 
tions,  that  the  goods  of  the  enemy  found  in  the 
country,  and  all  vessels  and  cargoes  found  afloat 
in  our  ports  at  the  commencement  of  hostilities, 
were  liable  to  seizure  and  confiscation  ;  and  the 
exercise  of  the  right  vested  in  the  discretion  of 
the  sovereign  of  the  nation. 

uWhen  the  case  was  brought  up  on  appeal 
before  the  Supreme  Court  of  the  United  States, 
the  broad  principle  was  assumed  that  war  gave 
to  the  sovereign  the  full  right  to  take  the  per 
sons  and  confiscate  the  property  of  the  enemy 
wherever  found  ;  and  that  the  mitigations  of  this 
rigid  rule,  Avhich  the  wise  and  humane  policy  of 
modern  times  had  introduced  into  practice,  might, 
more  or  less,  affect  the  exercise  of  the  right,  but 
could  not  impair  the  right  itself. 

"  Commercial  nations  have  always  considera 
ble  property  in  possession  of  their  neighbors  ; 
and  when  war  breaks  out,  the  question,  What 
shall  be  done  with  enemy  property  found  in  the 
country  ?  is  one  rather  of  policy  than  of  law,  and 
is  one  properly  addressed  to  the  consideration 
of  the  legislature,  and  not  to  the  courts  of  law. 

"  The  strict  right  of  confiscation  of  that  species 
of  property  existed  in  Congress,  and  without  a 
egislative  act  authorizing  its  confiscation  it  could 
lot  be  judicially  condemned  ;  and  the  act  of  Con 


gress  of  1812  declaring  war  against  Great  Britain 
was  not  such  an  act.  Until  some  statute  direct 
ly  applying  to  the  subject  be  passed,  the  property 
would  continue  under  the  protection  of  the  law, 
and  might  be  claimed  by  the  British  owner  at 
the  restoration  of  peace. 

"  Though  this  decision  established  the  right 
contrary  to  much  of  modern  authority  and  prac 
tice,  yet  a  great  point  was  gained  over  the  rigor 
and  violence  of  the  ancient  doctrine,  by  making 
the  exercise  of  the  right  depend  upon  a  special 
act  of  Congress." 

From  the  foregoing  authorities,  it  is  evident 
that  the  government  has  a  right,  as  a  belligerent 
power,  to  capture  or  to  confiscate  any  and  all  the 
personal  property  of  the  enemy  ;  that  there  is 
nothing  in  the  Constitution  which  limits  or  con 
trols  the  exercise  of  that  right ;  and  that  capture 
in  war,  or  confiscation  by  law,  passes  a  complete 
title  to  the  property  taken ;  and  that,  if  judicial 
condemnation  of  enemy  property  be  sought,  in 
order  to  pass  the  title  to  it  by  formal  decree  of 
courts,  by  mere  seizure,  and  without  capture, 
the  confiscation  must  have  been  declared  by  act 
of  Congress,  a  mere  declaration  of  war  not  being 
ex  m  termini  sufficient  for  that  purpose.  The 
army  of  the  Union,  therefore,  have  the  right,  ac 
cording  to  the  law  of  nations,  and  of  the  Consti 
tution,  to  obtain  by  capture  a  legal  title  to  all  the 
personal  property  of  the  enemy  they  get  posses 
sion  of,  whether  it  consist  of  arms,  ammunition, 
provisions,  slaves,  or  any  other  thing  which  the 
law  treats  as  personal  property.  No  judicial 
process  is  necessary  to  give  the  Government  full 
title  thereto,  and  when  once  captured,  the  Gov 
ernment  may  dispose  of  the  property  as  absolute 
owner  thereof,  in  the  same  manner  as  though  the 
title  passed  by  bill  of  sale :  and  Congress  have 
plenary  authority  to  pass  such  confiscation  laws 
against  belligerent  enemies  as  they  deem  for  the 
public  good. 

MILITARY    GOVERNMENT    UNDER    MARTIAL    LAW. 

In  addition  to  the  right  of  confiscating  personal 
property  of  the  enemy,  a  state  of  war  also  confers 
upon  the  Government  other  not  less  important 
belligerent  rights,  and  among  them,  the  right  to 
seize  and  hold  conquered  territory  by  military 
force,  and  of  instituting  and  maintaining  military 
government  over  it,  thereby  suspending  in  part, 
or  in  the  whole,  the  ordinary  civil  administration. 
The  exercise  of  this  right  has  been  sanctioned 
by  the  decision  of  the.  Supreme  Court  of  the 
United  States,  in  the  case  of  California.*  And 
it  is  founded  upon  well-established  doctrines  of 
the  law  of  nations.  Without  the  right  to  make 
laws  and  administer  justice  in  conquered  territo 
ry,  the  inhabitants  would  be  plunged  into  anar 
chy.  The  old  Government  being  overthrown, 
and  no  new  one  being  established,  there  would 
be  none  to  whom  allegiance  would  be  due — none 
to  restrain  lawlessness,  none  to  secure  to  any 
persons  any  civil  rights  whatever.  Hence,  from 
the  necessity  of  the  case,  the  conqueror  has  pow- 
*  Gross  v.  Harrison,  16  How.  164-190. 


DOCUMENTS. 


699 


er  to  establish  a  quasi  military  civil  administra 
tion  of  government  for  the  protection  of  the  in 
nocent,  the  restraint  of  the  wicked,  and  the  se 
curity  of  that  conquest  for  which  war  has  been 
waged.* 

It  is  under  this  power  of  holding  and  estab 
lishing  riilitary  rule  over  conquered  territory, 
that  al.  provisional  governments  are  instituted 
by  conquerors.  The  President,  as  Commander- 
in-Chief,  has  formally  appointed  Andrew  John 
son  Governor  of  Tennessee,  with  all  the  powers, 
duties,  and  functions  pertaining  to  that  office, 
during  the  pleasure  of  the  President,  or  until  the 
loyal  inhabitants  of  that  State  shall  organize  a 
civil  government  in  accordance  with  the  Consti 
tution  of  the  United  States.  To  legalize  these 
powers  and  duties,  it  became  expedient  to  give 
him  a  military  position  ;  hence  he  was  nominated 
as  a  Brigadier-General,  and  his  nomination  was 
confirmed  by  the  Senate.  Mr.  Stanly  acts  as 
provisional  Military  Governor  of  North-Carolina, 
under  similar  authority.  All  acts  of  military 
government  which  are  within  the  scope  of  their 
authority,  are  as  legal  and  constitutional  as  any 
other  military  proceeding.  Hence  any  section 
of  this  country,  which,  having  joined  in  a  general 
rebellion,  shall  have  been  subdued  and  conquered 
by  the  military  forces  of  the  United  States,  may 
be  subjected  to  military  government,  and  the 
rights  of  citizens  in  those  districts  are  subject  to 
martial  law,  so  long  as  the  war  lasts.  Whatever 
of  their  rights  of  property  are  lost  in  and  by  the 
war.  are  lost  for  ever.  No  citizen,  whether  loyal 
or  rebel,  is  deprived  of  any  right  guaranteed  to 
him  in  the  Constitution  by  reason  of  his  subjec 
tion  to  martial  law,  because  martial  law,  when 
in  force,  is  constitutional  law.  The  people  of 
the  United  States,  through  their  lawfully  chosen 
Commander-in-Chief,  have  the  constitutional  right 
to  seize  and  hold  the  territory  of  a  belligerent 
enemy,  and  to  govern  it  by  martial  law,  thereby 
superseding  the  local  Government  of  the  place, 
and  all  rights  which  rebels  might  have  had  as 
citizens  of  the  United  States,  if  they  had  not  vio 
lated  the  laws  of  the  land  by  making  war  upon 
the  country. 

By  martial  law,  loyal  citizens  may  be  for  a 
time  debarred  from  enjoying  the  rights  they 
would  be  entitled  to  in  time  of  peace.  Individ 
ual  rights  must  always  be  held  subject  to  the  ex 
igencies  of  national  safety. 

In  war,  when  martial  law  is  in  force,  the  laws 
of  war  are  the  laws  which  the  Constitution  ex 
pressly  authorizes  and  requires  to  be  enforced. 
The  Constitution,  when  it  calls  into  action  martial 
law,  for  the  time  changes  civil  rights,  or  rights 
which  the  citizen  would  be  entitled  to  in  peace, 
because  the  rights  of  persons  in  one  of  these 
cases  are  totally  incompatible  with  the  obligations 
of  persons  in  the  other.  Peace  and  war  cannot 
exist  together ;  the  laws  of  peace  and  of  war  can- 

*  See  Fleming  v.  Page,  9  How.  615.  Leitensdorfer  v. 
Webb,  20  How.  177.  As  to  California,  see  Stat.  at  Large,  Vol. 
ix.  p.  452.  New  Mexico,  Stat.  at  Large,  ibid.  446.  Halleck  on 
International  Law,  7S1.  Story  on  Const.  Sect.  1324.  Arner. 
Ins.  Co.  v.  Canter,  1  Pet.  S.  C.  R.  542-3. 


not  operate  together;  the  rights  and  procedures 
of  peaceful  times  are  incompatible  with  those  of 
war.  It  is  an  obvious  but  pernicious  error  to 
suppose  that  in  a  state  of  war,  the  rules  of  mar 
tial  law,  and  the  consequent  modification  of  the 
rights,  duties,  and  obligations  of  citizens,  private 
and  public,  are  not  authorized  strictly  under  the 
Constitution.  And  among  the  rights  of  martial 
law,  none  is  more  familiar  than  that  of  seizing 
and  establishing  a  military  government  over  ter 
ritory  taken  from  the  enemy ;  and  the  duty  of 
thus  protecting  such  territory  is  imperative,  since 
the  United  States  are  obligated  to  guarantee  to 
each  State  a  republican  form  of  government.* 
That  form  of  government  having  been  overthrown 
by  force,  the  country  must  take  such  steps,  mil 
itary  and  civil,  as  may  tend  to  restore  it  to  the 
loyal  citizens  of  that  State,  if  there  be  any  ;  and 
if  there  be  no  persons  who  will  submit  to  the 
Constitution  and  laws  of  the  United  States,  it  is 
their  duty  to  hold  that  State  by  military  power, 
and  under  military  rule,  until  loyal  citizens  shall 
appear  there  in  sufficient  numbers  to  entitle  them 
to  receive  back  into  their  own  hands  the  local 
government 

A    SEVERE    RULE    OF   BELLIGERENT    LAW. 

"  Property  of  persons  residing  in  the  enemy's 
country  is  deemed,  in  law,  hostile,  and  subject 
to  condemnation  without  any  evidence  as  to  the 
opinions  or  predilections  of  the  owner."  If  he 
be  the  subject  of  a  neutral,  or  a  citizen  of  one  of 
the  belligerent  States,  and  has  expressed  no  dis 
loyal  sentiments  toward  his  country,  still  his 
residence  in  the  enemy's  country  impresses  upon 
his  property,  engaged  in  commerce  and  found 
upon  the  ocean,  a  hostile  character,  and  subjects 
it  to  condemnation.  This  familiar  principle  of 
law  is  sanctioned  in  the  highest  courts  of  Eng 
land  and  of  the  United  States,  and  has  been  de 
cided  to  apply  to  cases  of  civil  as  well  as  of  for 
eign  war.f 

Thus  personal  property  of  every  kind,  ammu 
nition,  provisions,  contraband,  or  slaves,  may  be 
lawfully  seized,  whether  of  loyal  or  disloyal 
citizens,  and  is  by  law  presumed  hostile,  and  lia 
ble  to  condemnation,  if  captured  within  the  re 
bellious  districts.  This  right  of  seizure  and 
condemnation  is  harsh,  as  all  the  proceedings  of 
war  are  harsh,  in  the  extreme,  but  it  is  neverthe 
less  lawful.  It  would  be  harsh  to  kill  in  battle 
a  loyal  citizen  who,  having  been  impressed  into 
the  ranks  of  the  rebels,  is  made  to  right  against 
his  country  ;  yet  it  is  lawful  to  do  so. 

Against  all  persons  in  arms,  and  against  all 
property  situated  and  seized  in  rebellious  dis 
tricts,  the  laws  of  war  give  the  President  full  bel 
ligerent  rights  ;  and  when  the  army  and  navy 
are  once  lawfully  called  out,  there  are  no  limits 
to  the  war-making  power  of  the  President,  other 
than  the  law  of  nations,  and  such  rules  as  Con 
gress  may  pass  for  their  regulation. 

*  Constitution,  Art.  IV.  Sect.  4,  01.  1. 

t  The  Venus,  8  Cranch  Rep. ;  The  ffoon,  1  Robinson,  198, 
and  cases  there  cited.  The  Amy  Warwick,  opinion  of  JucLje 
Sprague. 


:oo 


REBELLION  RECORD.  1862-63. 


"The  statute  of  1807,  chap.  39,"  says  a  learn 
ed  judge,*  u  provides  that  whenever  it  is  lawful 
for  the  President  to  call  forth  the  militia  to  sup 
press  an  insurrection,  he  may  employ  the  land 
and  na?al  forces  for  that  purpose.  The  authori 
ty  to  use  the  army  is  thus  expressly  confirmed, 
but  the  manner  in  which  they  are  to  be  used  is 
not  prescribed.  That  is  left  to  the  discretion  of 
the  President,  guided  by  the  usages  and  princi 
ples  of  civilized  war." 

As  a  matter  of  expediency,  Congress  may  di 
rect  that  no  property  of  loyal  citizens,  residing 
in  disloyal  States,  should  be  seized  by  military 
force,  without  compensation.  This  is  an  act  of 
grace,  which,  though  not  required  by  the  laws 
of  war,  may  well  be  granted.  The  Commander- 
in-Chief  may  also  grant  the  same  indulgence. 
But  the  military  commanders  are  always  at  lib 
erty  to  seize,  in  any  enemy's  country,  whatever 
property  they  deem  necessary  for  the  sustenance 
of  troops,  or  military  stores,  whether  it  is  the 
property  of  friend  or  enemy ;  it  being  usual, 
however,  to  pay  for  all  that  is  taken  from  friends. 
These  doctrines  have  been  carried  into  effect  in 
Missouri. 

The  President  having  adopted  the  policy  of 
protecting  loyal  citizens  wherever  they  may  be 
found,  all  seizure  of  their  property,  and  all  inter 
ference  with  them,  have  so  far  been  forborne. 
But  it  should  be  understood  that  such  forbear 
ance  is  optional,  not  compulsory.  It  is  done 
from  a  sense  of  justice  and  humanity,  not  be 
cause  law  or  Constitution  render  it  inevitable. 
And  this  forbearance  is  not  likely  to  be  carried 
to  such  an  extent  as  to  endanger  the  success  of 
the  armies  of  the  Union,  nor  to  despoil  them  of 
the  legitimate  fruit s  of  victory  over  rebels. 

CIVIL  RIGHTS  OF  LOYAL  CITIZENS  IN  LOYAL  DIS 
TRICTS  ARE  MODIFIED  BY  THE  EXISTENCE  OF 
WAR. 

While  war  is  raging,  many  of  the  rights,  held 
sacred  by  the  Constitution — rights  which  cannot 
be  violated  by  any  acts  of  Congress — may  and 
must  be  suspended  and  held  in  abeyance.  If 
this  were  not  so,  the  government  might  itself  be 
destroyed ;  the  army  and  navy  might  be  sacri 
ficed,  and  one  part  of  the  Constitution  could 
NULLIFY  the  rest. 

If  freedom  of  speech  cannot  be  suppressed, 
spies  cannot  be  caught,  imprisoned,  and  hung. 

If  freedom  of  the  press  cannot  be  interfered 
with,  all  our  military  plans  may  be  betrayed  to 
the  enemy. 

If  no  man  can  be  deprived  of  life  without 
trial  by  jury,  a  soldier  cannot  slay  the  enemy  in 
battle. 

If  enemy's  property  cannot  be  taken  without 
44  due  process  of  law,"  how  can  the  soldier  dis 
arm  his  foe  and  seize  his  weapons  ? 

If  no  person  can  be  arrested,  sentenced,  and 
shot,  without  trial  by  jury  in  the  county  or 
State  where  his  crime  is  alleged  to  have  been 

*  Judge  Sprague. 


committed,  how  can  a  deserter  lie  shot,  or  a  spy 
be  hiing,  or  an  enemy  be  taken  prisoner  f 

It  has  been  said  that  "amidst  arms  the  lawt 
are  silent."  It  would  be  more  just  to  say,  that 
while  war  rages,  the  rights,  which  in  peace  are 
sacred,  must  and  do  give  way  to  the  higher  right 
— the  right  of  public  safety — the  right  which  the 
COUNTRY,  the  whole  country,  claims  to  be  pro 
tected  from  its  enemies,  Domestic  and  foreign — 
from  spies,  from  conspirators,  and  from  traitors.* 
The  sovereign  and  almost  dictatorial  powers — 
existing  only  in  actual  war ;  ending  wrhen  war 
ends — to  be  used  in  self-defence,  and  to  be  laid 
down  when  the  occasion  has  passed,  are,  while 
they  last,  as  lawful,  as  constitutional,  as  sacred, 
as  the  administration  of  justice  by  judicial  courts 
in  times  of  peace.  They  may  be  dangerous ; 
war  itself  is  dangerous ;  but  danger  does  not 
make  them  unconstitutional.  If  the  Commander- 
in-Chief  orders  the  army  to  seize  the  arms  and 
ammunition  of  the  enemy ;  to  capture  their  per 
sons  ;  to  shell  out  their  batteries ;  to  hang  spies 
or  shoot  deserters ;  to  destroy  the  armed  enemy 
in  open  battle ;  to  send  traitors  to  forts  and  pris 
ons  ;  to  stop  the  press  from  aiding  and  comfort 
ing  the  enemy  by  betraying  our  military  plans ; 
to  arrest  within  our  lines,  or  wherever  they  can 
be  seized,  persons  against  whom  there  is  reason 
able  evidence  of  their  having  aided  or  abetted 
the  rebels,  or  of  intending  so  to  do — the  preten 
sion  that  in  so  doing  he  is  violating  the  Constitu 
tion  is  not  only  erroneous,  but  it  is  a  plea  in  be 
half  of  treason.  To  set  up  the  rules  of  civil 
administration  as  overriding  and  controlling  the 
laws  of  war,  is  to  aid  and  abet  the  enemy.  It 
falsifies  the  clear  meaning  of  the  Constitution, 
which  not  only  gives  the  power,  but  makes  it 
the  plain  duty  of  the  President,  to  go  to  war  with 
the  enemy  of  his  country.  And  the  restraints  to 
which  he  is  subject  when  in  war,  are  not  to  be 
found  in  the  municipal  regulations,  which  can 
be  administered  only  in  peace,  but  in  the  laws 
and  usages  of  nations  regulating  the  conduct  of 


BELLIGERENT    RIGHT   TO    CONFISCATE    ENEMY'S    REAL 

ESTATE. 

The  "belligerent  right  of  the  Government  to 
confiscate  enemy's  real  estate,  situated  in,  this 
country,  can  hardly  admit  of  a  question.  The 
title  to  no  inconsiderable  part  of  the  real  estate 
in  each  of  the  original  States  of  the  Union,  rests 
upon  the  validity  of  confiscation  acts,  passed  by 
our  ancestors  against  loyal  adherents  to  the 
crown.  Probably  none  of  these  States  failed  to 
pass  and  apply  these  laws.  English  and  Ameri 
can  acts  of  confiscation  wTere  recognized  by  the 
laws  of  both  countries,  and  their  operation  mod 
ified  by  treaties  ;  their  validity  never  was  denied. 
The  only  authority  which  either  of  the  States  or 
colonies  ever  had  for  passing  such  laws  was 

*  "  Among  absolute  international  rights,  one  of  the  most  es 
sential  and  important,  and  that  which  lies  at  the  root  of  all  the 
rest,  is  the  right  of  self-preservation.  It  is  not  only  a  right  in 
respect  to  other  States,  but  it  is  a  duty  in  respect  to  its  own 
members,  and  the  most  scJemn  and  important  which  /*  Stat« 
owes  to  them."— Waeaton,  p.  115,  116. 


DOCUMENTS. 


701 


derived  from  the  fact  that  they  were  belliger 
ents. 

It  will  be  observed  that  the  question  as  to  the 
belligerent  right  to  confiscate  enemy's  real  estate 
situated  in  the  United  States,  is  somewhat  dif 
ferent  from  the  question  whether  in  conquering  a 
foreign  country  it  will  be  lawful  to  confiscate  the 
private  real  estate  of  the  enemy. 

It  is  unusual,  in  case  of  a  conquest  of  a  foreign 
country,  for  the  conqueror  to  do  more  than  to 
displace  its  sovereign,  and  assume  dominion 
over  the  country.  On  a  mere  change  of  sov 
ereignty  of  the  country,  it  would  be  harsh  and 
severe  to  confiscate  the  private  property  and  an 
nul  the  private  rights  of  citizens  generally.  And 
mere  conquest  of  a  country  does  not  of  itself 
operate  as  confiscation  of  enemy's  property ;  nor 
does  the  cession  of  a  country  by  one  nation  to 
another  destroy  private  rights  of  property,  or 
operate  as  confiscation  of  personal  or  real  estate.* 
So  it  was  held  by  the  Supreme  Court  in  the  case 
of  the  transfer  by  treaty  of  Florida  to  the  United 
States ;  but  it  was  specially  provided  in  that 
treaty  that  private  property  should  not  be  inter 
fered  with.  The  forbearance  of  a  conqueror  from 
confiscating  the  entire  property  of  a  conquered 
people  is  usually  founded  in  good  policy,  as  well 
as  in  humanity.  The  object  of  foreign  conquest 
is  to  acquire  a  permanent  addition  to  the  power 
and  territory  of  the  conqueror.  This  object 
would  be  defeated  by  stripping  his  subjects  of 
every  thing.  The  case  is  very  different  where 
confiscation  will  only  break  up  a  nest  of  traitors, 
and  drive  them  away  from  a  country  they  have 
betrayed. 

Suppose  that  certain  Englishmen  owned  large 
tracts  of  real  estate  in  either  of  the  United  States 
or  territories  thereof,  and  war  should  break  out ; 
would  any  one  doubt  the  right  of  Congress  to 
pass  a  law  confiscating  such  estate  ? 

The  laws  of  nations  allow  either  belligerent  to 
seize  and  appropriate  whatever  property  of  the 
enemy  it  can  gain  possession  of;  and,  of  all  de 
scriptions  of  property  which  government  could 
safely  permit  to  be  owned  or  occupied  by  an 
alien  enemy,  real  estate  within  its  own  dominion 
would  be  the  last. 

No  distinction  can  be  properly  or  legally  made 
between  the  different  kinds  of  enemy  property, 
whether  real,  personal,  or  mixed,  so  far  as  regards 
their  liability  to  confiscation  by  the  war  power. 
Lands,  money,  slaves,  debts,  may  and  have  been 
subject  to  this  liability.  The  methods  of  appro 
priating  and  holding  them  are  different — the  re 
sult  is  the  same.  And,  considering  the  founda 
tion  of  the  right,  the  object  for  which  it  is  to  be 
exercised,  and  the  effects  resulting  from  it,  there 
is  nothing  in  law,  or  in  reason,  which  would  in 
dicate  why  one  can  and  the  other  cannot  be 
taken  away  from  the  enemy. 

In  Brown  v.  United  States,  8  Cranch,  p.  123, 
the  Supreme  Court  of  the  United  States  say : 

"Respecting  the  power  of  Government,  no 
doubt  is  entertained.  That  war  gives  to  the  sov- 

JTnited  States  v.  Juan  Richmond,  7  Peters,  51. 


ereign  the  full  right  to  take  the  persons  and  con 
fiscate  the  property  of  the  enemy,  wherever 
found,  is  conceded.  The  mitigations  of  this  rule, 
which  the  humane  and  wise  policy  of  modern 
times  has  introduced  into  practice,  will  more  or 
less  affect  the  exercise  of  this  right,  but  cannot 
impair  the  right  itself — that  remains  undimin- 
ished ;  and  when  the  sovereign  authority  shall 
choose  to  bring  it  into  operation,  the  judicial  de 
partment  must  give  effect  to  its  will." 

u  It  may  be  considered,"  they  say,  "  as  the 
opinion  of  all  who  have  written  on  the  jus  belli, 
that  war  gives  the  right  to  confiscate,"  etc. 

Chancellor  Kent  says : 

"  When  war  is  duly  declared,  it  is  not  merely 
a  war  between  this  and  the  adverse  government 
in  their  political  characters.  Every  man  is,  in 
judgment  of  law,  a  party  to  the  acts  of  his  own 
government,  and  a  war  between  the  government 
of  two  nations  is  a  war  between  all  the  individ 
uals  of  the  one  and  all  the  other  individuals  of 
which  the  other  nation  is  composed.  Govern 
ment  is  the  representative  of  the  will  of  the  peo 
ple,  and  acts  for  the  whole  society.  This  is  the 
theory  of  all  governments,  and  the  best  writers 
on  the  law  of  nations  concur  in  the  doctrine,  that 
when  the  sovereign  of  a  State  declares  war 
against  another  sovereign,  it  implies  that  the 
whole  nation  declares  war,  and  that  all  the  sub 
jects  of  the  one  are  enemies  to  all  the  subjects 
of  the  other." 

"  Very  important  consequences  concerning  the 
obligations  of  subjects  are  deducible  from  this 
principle.  When  hostilities  have  commenced, 
the  first  objects  that  present  themselves  for  de 
tention  and  capture  are  the  persons  and  property 
of  the  enemy  found  within  the  territory  on  the 
breaking  out  of  war.  According  to  strict  author 
ity,  a  State  has  a  right  to  deal  as  an  enemy  with 
persons  and  property  so  found  within  its  power, 
and  to  confiscate  the  property  and  detain  the 
persons  as  prisoners  of  war."* 

We  thus  see,  that  by  the  law  of  nations,  by 
the  practice  of  our  own  States,  by  the  decisions 
of  courts,  by  the  highest  authority  of  legal 
writers,  and  by  the  deductions  of  reason,  there 
can  be  no  question  of  the  constitutional  right  of 
confiscation  of  enemy  real  estate  of  which  we 
may  gain  possession.  And  the  legal  presump 
tion  that  real  estate  situated  in  rebellious  dis 
tricts  is  enemy  property,  would  seem  to  be  as 
well  founded  as  it  is  in  the  case  of  personal  prop 
erty,  t 

It  is  for  the  Government  to  decide  how  it  shall 
use  its  belligerent  right  of  confiscation.  The 
number  of  slaveholders  in  the  rebellious  States, 
who  are  the  principal  land-owners  in  that  region, 
and  who  are  the  chief  authors  and  supporters  of 
this  rebellion,  constitute,  all  told,  less  than  one 
in  one  hundred  and  twenty -eight  of  the  people 
of  the  United  States,  and  less  than  one  fiftieth 
part  of  the  inhabitants  of  their  own  districts,  be- 

*  1  Kent's  Com.,  p.  55.  See  also  Grotius,  B.  III.  ch.  3,  sect. 
9 ;  ch.  4,  sect.  8.  Burlarnaqui.  Part  IV.  ch.  4,  sect.  20.  Va*^l, 
B.  III.  ch.  5,  sect.  70. 

t  See  preceding  page. 


702 


REBELLION1"  RECORD,  1862-63. 


ing  far  less  in  proportion  to  the  whole  population 
of  the  country  than  the  old  tories  in  the  time  of 
the  Revolution  were  to  the  colonists.* 

CHAPTER    III. 

WAR    POWER     OF     THE     PRESIDENT    TO     EMANCIPATE 
SLAVES. 

THE  power  of  the  President,  as  Commander- 
in-Chief  of  the  Army  and  Navy  of  the  United 
States,  when  in  actual  service,  to  emancipate  the 
slaves  of  any  belligerent  section  of  the  country, 
if  such  a  measure  becomes  necessary  to  save  the 
Government  from  destruction,  is  not,  it  is  pre 
sumed,  denied  by  any  respectable  authority.! 

WHY    THE    POWER    EXISTS. 

The  liberation  of  slaves  is  looked  upon  as  a 
means  of  embarrassing  or  weakening  the  enemy, 
or  of  strengthening  the  military  power  of  our 
army.  If  slaves  be  treated  as  contraband  of  war, 
on  the  ground  that  they  may  be  used  by  their 
masters  to  aid  in  prosecuting  war,  as  employes 
upon  military  works,  or  as  laborers,  furnishing 
by  their  industry  the  means  of  carrying  on  hos 
tilities  ;  or  if  they  be  treated  as,  in  law,  belliger 
ents,  following  the  legal  condition  of  their  own 
ers  ;  or  if  they  be  deemed  loyal  subjects,  having 
a  just  claim  upon  the  Government  to  be  released 
from  their  obligations  to  give  aid  and  service  to 
disloyal  and  belligerent  masters,  in  order  that 
they  may  be  free  to  perform  their  higher  duty  of 
allegiance  and  loyalty  to  the  United  States ;  or  if 
they  be  regarded  as  subjects  of  the  United  States, 
liable  to  do  military  duty ;  or  if  they  be  made 
citizens  of  the  United  States,  and  soldiers ;  or  if 
the  authority  of  the  masters  over  their  slaves  is 
the  means  of  aiding  and  comforting  the  enemy, 
or  of  throwing  impediments  in  the  way  of  the 
Government,  or  depriving  it  of  such  aid  and  as 
sistance  in  successful  prosecution  of  the  war  as 
slaves  would  and  could  afford,  if  released  from 
the  control  of  the  enemy  ;  or  if  releasing  the 
slaves  would  embarrass  the  enemy,  and  make  it 
more  difficult  for  them  to  collect  and  maintain 
large  armies  ;  in  either  of  these  cases,  the  taking 
away  of  these  slaves  from  the  uaid  and  service  " 
of  the  enemy,  and  putting  them  to  the  aid  and 
service  of  the  United  States,  is  justifiable  as  an 
act  of  war.  The  ordinary  way  of  depriving  the 
enemy  of  slaves  is  by  declaring  emancipation. 

THE  PRESIDENT  IS  THE  SOLE  JUDGE. 

"  It  belongs  exclusively  to  the  President  to 
judge  when  the  exigency  arises  in  which  he  has 
authority,  under  the  Constitution,  to  call  forth 
the  militia,  and  his  decision  is  conclusive  on  all 
other  persons."! 

The   Constitution   confers  on  the  Executive, 

*  In  cor*Tnation  of  these  views  of*lhe  War  Powers  of  Con 
gress,  see  trie  chapter  on  the  War  Powers  of  the  President,  and 
NOTKS  thereon. 

t  It  has  been  shown  in  a  previous  chapter  that  the  Govern 
ment  has  a  right  to  treat  rebels  either  as  belligerent*  or  as 
subjects,  and  to  subject  them  to  the  severities  of  international 
belligerent  law. 

%  Such  is  the  language  of  Chief-Justice  Taney,  in  delivering 
the  opinion  of  the  Supreme  Court,  in  Martin  v.  Mott,  12 
Wheaton,  19. 


when  in  actual  war,  full  belligerent  powers.  The 
emancipation  of  enemy's  slaves  is  a  belligerent 
right.  It  belongs  exclusively  to  the  President,  as 
Commander-in-Chief,  to  judge  whether  he  shall 
exercise  his  belligerent  right  to  emancipate  slaves 
in  those  parts  of  the  country  which  are  in  rebel 
lion.  If  exercised  in  fact,  and  while  the  war 
lasts,  his  act  of  emancipation  is  conclusive  and 
binding  for  ever  on  all  the  departments  of  gov 
ernment,  and  on  all  persons  whatsoever. 

POWERS  OF  THE    PRESIDENT  NOT  INCONSISTENT  WITH 
POWERS  OF  CONGRESS  TO  EMANCIPATE  SLAVES. 

The  right  of  the  Executive  to  strike  this  blow 
against  his  enemy  does  not  deprive  Congress  of 
the  concurrent  right  or  duty  to  emancipate  ene 
my's  slaves,  if  in  their  judgment  a  civil  act  for 
that  purpose  is  required  by  public  welfare  and 
common  defence,  for  the  purpose  of  aiding  and 
giving  effect  to  such  war  measures  as  the  Com 
mander-in-Chief  may  adopt. 

The  military  authority  of  the  President  is  not 
incompatible  with  the  peace  or  war  powers  of 
Congress  ;  but  both  coexist,  and  may  be  exer 
cised  upon  the  same  subject.  Thus,  when  the 
army  captures  a  regiment  of  soldiers,  the  legisla 
ture  may  pass  laws  relating  to  the  captures.  So 
may  Congress  destroy  slavery  by  abolishing  the 
laws  which  sustain  it,  while  the  commander  of 
the  army  may  destroy  it  by  captures  of  slaves, 
by  proclamation,  or  by  other  means. 

IS    LIBERATION    OF    ENEMY' S    SLAVES  A  BELLIGERENT 
RIGHT  ? 

This  is  the  chief  inquiry  on  this  branch  of  the 
subject.  To  answer  it  we  must  appeal  to  the 
law  of  nations,  and  learn  whether  there  is  any 
commanding  authority  which  forbids  the  use  of 
an  engine  so  powerful  and  so  formidable — an 
engine  which  may  grind  to  powder  the  disloyalty 
of  rebels  in  arms,  while  it  clears  the  avenue  to 
freedom  for  four  millions  of  Americans.  It  is 
only  the  law  of  nations  that  can  decide  this  ques 
tion,  because  the  Constitution,  having  given 
authority  to  Government  to  make  war,  has  placed 
no  limit  whatever  to  the  war  powers.  There  is, 
therefore,  no  legal  control  over  the  war  powers 
except  the  law  of  nations,  and  no  moral  control 
except  the  usage  of  modern  civilized  belliger 
ents. 

THE   LAW  OF   NATIONS    SANCTIONS    EMANCIPATION 
OF  ENEMY'S  SLAVES. 

It  is  in  accordance  with  the  law  of  nations  and 
with  the  practice  of  civilized  belligerents  in  mod 
ern  times,  to  liberate  enemy's  slaves  in  times  of 
war  by  military  power.  In  the  Revolutionary 
War,  England  exercised  that  unquestioned  right 
by  not  less  than  three  of  her  military  command 
ers —  Sir  Henry  Clinton,  Lord  Dunmore,  and 
Lord  Cornwallis.  That  General  Washington  re 
cognized  and  feared  Lord  Dunmore's  appeal  to 
the  slaves,  is  shown  by  his  letter  on  that  subject. 

"  His  strength,"  said  Washington,  u  will  in 
crease  as  a  snow-ball  by  rolling  faster  and  faster, 
if  some  expedient  cannot  be  hit  upon  to  convinc* 


DOCUMENTS. 


the  slaves  and  servants  of  the  impotency  of  his 
designs." 

The  right  to  call  the  slaves  of  colonists  to  the 
aid  of  the  British  arms  was  expressly  admitted 
by  Jefferson,  in  his  letter  to  Dr.  Gordon.  In 
writing  of  the  injury  done  to  his  estates  by 
Cornwallis,  he  uses  the  following  language  : 

"He  destroyed  all  my  growing  crops  and  to 
bacco  ;  he  burned  all  my  Ibarns,  containing  the 
same  articles  of  last  year.  Having  first  taken 
what  corn  he  wanted,  he  used,  as  was  to  ~be  ex 
pected,  all  my  stock  of  cattle,  sheep,  and  hogs, 
for  the  sustenance  of  his  army,  and  carried  off 
all  the  horses  capable  of  service.  He  carried  off 
also  about  thirty  slaves.  Had  this  been  to  give 
them  freedom,  he  would  have  done  right. 
From  an  estimate  made  at  the  time,  on  the  best 
information  I  could  collect,  I  suppose  the  State 
of  Virginia  lost  under  Lord  Cornwallis's  hands, 
that  year,  about  thirty  thousand  slaves." 

Great  Britain,  for  the  second  time,  used  the 
same  right  against  us  in  the  war  of  1812.  Her 
naval  and  military  commanders  invited  the  slaves, 
by  public  proclamations,  to  repair  to  their  stand 
ard,  promising  them  freedom.*  The  slaves  who 
went  over  to  them  were  liberated,  and  were 
carried  away  contrary  to  the  express  terms  of 
the  treaty  of  Ghent,  in  which  it  was  stipulated 
that  they  should  not  be  carried  away.  England 
preferred  to  become  liable  for  a  breach  of  the 
treaty  rather  than  to  break  faith  with  the  fugi 
tives.  Indemnity  for  this  violation  of  contract 
was  demanded  and  refused.  The  question  was 
referred  to  the  decision  of  the  Emperor  of  Rus 
sia,  as  arbitrator,  who  decided  that  indemnity 
should  be  paid  by  Great  Britain,  not  because  she 
had  violated  the  law  of  nations  in  emancipating 
slaves,  but  because  she  had  broken  the  terms  of 
the  treaty. 

In  the  arguments  submitted  to  the  referee,  the 
British  Government  broadly  asserted  the  belliger 
ent  right  of  liberating  enemy's  slaves,  even  if 
they  were  treated  as  private  property.  Mr.  Mid- 
dleton  was  instructed  by  Mr.  J.  Q.  Adams,  then, 
in  1820,  Secretary  of  State,  to  deny  that  right, 
and  to  present  reasons  for  that  denial.  But  that 
in  this  instance  he  acted  in  obedience  to  the  in 
structions  of  the  President  and  cabinet,  and 
against  his  own  opinions  on  the  law  of  nations, 
is  shown  by  his  subsequent  statement  in  Con 
gress  to  that  effect. t  The  question  of  interna 
tional  law  was  left  undecided  by  the  Emperor  ; 
but  the  assertion  of  England,  that  it  is  a  legiti 
mate  exercise  of  belligerent  rights  to  liberate 
enemy's  slaves  —  a  right  which  had  previously 
been  enforced  by  her  against  the  colonies,  and  by 
France  against  her,  and  again  by  her  against  the 
United  States — was  entitled  to  great  weight,  as  a 
reiterated  and  authentic  reaffirmance  of  the  well- 
settled  doctrine. 

*  For  Admiral  Cochrane's  Proclamation,  instigating  the 
Blaves  to  desert  their  masters,  see  Niles's  Register,  vol.  vi.  p. 
242. 

t  "  It  was  utterly  against  my  judgment  and  wishes;,  hut  I 
was  obliged  to  submit,  and  prepared  the  requisite  despatches." 
See  Congressional  Globe,  XXVII.  Cong.  2d.  sess.  1841-  2  ;  vol. 
«'  n.  404. 


In  speeches  before  the  House  of  Representa 
tives  on  the  twenty-fifth  of  May,  1836,  on  the 
seventh  of  June,  1841,  and  on  the  fourteenth 
and  fifteenth  of  April,  1842,  Mr.  Adams  ex 
plained  and  asserted,  in  the  amplest  terms,  the 
powers  of  Congress,  and  the  authority  of  the 
President,  to  free  enemies'  slaves,  as  a  legitimate 
act  of  war.*  Thus  leading  statesmen  of  England 
and  America  have  concurred  in  the  opinion  that 
emancipation  is  a  belligerent  right. 

St.  Domingo,  in  1793,  contained  more  than 
five  hundred  thousand  negroes,  with  many  mu- 
lattoes  and  whites,  and  was  held  as  a  province  01 
France.  Intestine  commotions  had  raged  for 
nearly  three  years  between  the  whites  and  mu- 
lattoes,  in  which  the  negroes  had  remained  neu 
tral.  The  Spaniards,  having  effected  an  alliance 
with  the  slaves  who  had  revolted  in  1791,  invad 
ed  the  island,  and  occupied  several  important 
military  points.  England,  also,  was  making  a 
treaty  with  the  planters  to  invade  the  country ; 
and  thus  the  possession  seemed  about  to  be 
wrested  from  France  by  the  efforts  of  one  or  the 
other  of  its  two  bitterest  foes.  One  thousand 
French  soldiers,  a  few  mulattoes  and  loyal  slave 
holders,  were  all  the  force  which  could  be  mus 
tered  in  favor  of  the  government,  for  the  protec 
tion  of  this  precious  island,  situated  so  far  away 
from  France.  * 

Sonthonax  and  Polverel,  the  French  commis 
sioners,  on  the  twenty- ninth  of  August,  1793, 
issued  a  proclamation,  under  martial  law,  where 
in  they  declared  all  the  slaves  free,  and  thereby 
brought  them  over  en  masse  to  the  support  of 
the  government.  The  English  troops  landed 
three  weeks  afterward,  and  were  repulsed  prin 
cipally  by  the  slave  army. 

On  the  fourth  of  February,  1794,  the  National 
Convention  of  France  confirmed  the  act  of  the 
commissioners,  and  also  abolished  slavery  in  the 
other  French  colonies. 

In  June,  1794,  Toussaint  L'Ouverture,  a  col 
ored  man,  admitted  by  military  critics  to  be  one 
of  the  great  generals  of  modern  times,  having 
until  then  fought  in  favor  of  Spain,  brought  his 
army  of  five  thousand  colored  troops  to  the  aid 
of  France,  forced  entrance  into  the  chief  city  of 
the  island,  in  which  the  French  troops  were  be 
leaguered,  relieved  his  allies,  and  offered  himself 
and  his  army  to  the  service  of  that  government, 
which  had  guaranteed  to  them  their  freedom. 
From  that  hour  the  fortunes  of  the  war  changed. 
The  English  were  expelled  from  the  island  in 
1798  ;  the  Spaniards  also  gave  it  up;  and  in  1801 
Toussaint  proclaimed  the  republic  in  the  Spanish 
portion  of  the  island,  which  had  been  ceded  to 
France  by  the  treaty  of  1795  ;  thus  extending  the 
practical  operation  of  the  decree  of  emancipation 
over  the  whole  island,  and  liberating  one  hundred 
thousand  more  persons  who  had  been  slaves  of 
Spaniards. 

The  island  was  put  under  martial  law ;  the 
planters  were  recalled  by  Toussaint,  and  permit 
ted  to  hire  their  former  slaves  ;  and  his  govern- 

*For  extracts  from  these  speeches,  see  posted. 


704 


REBELLION  RECORD,  1862-63. 


ment  was  enforced  by  military  power ;  and  from 
that  time  until  1802,  the  progress  of  the  people 
in  commerce,  industry,  and  general  prosperity 
was  rapid  and  satisfactory.  But  in  1802  the  in 
fluence  of  emigrant  planters,  and  of  the  Empress 
Josephine,  a  Creole  of  Martinique,  induced  Napo 
leon  to  send  a  large  army  to  the  island,  to  rees 
tablish  the  slave-trade  and  slavery  in  all  the 
other  islands  except  St.  Domingo,  with  the  de 
sign  of  restoring  slavery  there,  after  he  should 
have  conquered  it.  But  war,  sickness,  and  dis 
asters  broke  up  his  forces,  and  the  treacherous 
Frenchmen  met  the  due  reward  of  their  perfidy, 
and  were,  in  1804,  totally  driven  from  the  island. 
The  independence  of  St.  Domingo  was  actually 
established  in  1804.  The  independence  of  Hayti 
was  recognized  by  the  United  States  in  1862. 

From  this  brief  outline  it  is  shown  that -France 
recognizes  the  right,  under  martial  law,  to  eman 
cipate  the  slaves  of  an  enemy — having  asserted 
and  exercised  that  right  in  the  case  of  St.  Domin 
go.*  And  the  slaves  thus  liberated  have  re 
tained  their  liberty,  and  compose,  at  this  day, 
the  principal  population  of  a  government  who 
have  entered  into  diplomatic  relations  with  the 
United  States. 

In  Columbia  slavery  was  abolished,  first  by 
the  Spanish  General  Morillo,  and  secondly  by 
the  American  General  Bolivar.  "  It  was  abol 
ished,"  says  John  Quincy  Adams,  "by  virtue 
of  a  military  command  given  at  the  head  of  the 
army,  and  its  abolition  continues  to  this  day.  It 
was  abolished  by  the  laws  of  war,  and  not  by 
the  municipal  enactments  ;  the  power  was  exer 
cised  by  military  commanders,  under  instruc 
tions,  of  course,  from  their  respective  govern 
ments." 

AUTHORITY   AND    USAGE    CONFIRM   THE    RIGHT. 

It  may  happen,  that  when  belligerents  on  both 
sides  hold  slaves,  neither  will  deem  it  expedient, 
through  fear  of  retaliation,  to  liberate  the  slaves 
of  his  adversary ;  but  considerations  of  policy  do 
not  affect  questions  of  international  rights  ;  and 
forbearance  to  exercise  a  power  does  not  prove 
its  non-existence.  While  no  authority  among 
eminent  ancient  writers  on  the  subject  has  been 
found  to  deny  the  right  of  emancipation,  the 
fact  that  England,  France,  Spain,  and  the  South- 
American  republics  have  actually  freed  the  slaves 
of  their  enemies,  conclusively  shows  that  the 
law  and  practice  of  modern  civilized  nations  sanc 
tion  that  right. 

!JOW  FAR  THE  GOVERNMENT  OF  THE  UNITED 
STATES,  UNDER  FORMER  ADMINISTRATIONS,  HAVE 
SANCTIONED  THE  BELLIGERENT  RIGHT  OF  EMAN 
CIPATING  SLAVES  OF  LOYA.L  AND  OF  DISLOYAL 
CITIZENS. 

The  Government  of  the  United  States,  in 
1814,  recognized  the  right  of  their  military  offi 
cers,  in  time  of  war,  to  appropriate  to  public  use 


lition  cffixctavdf/e,  (Colonies  Francoises,)  par  Augustin 
Cochin.    Paris,  1S61.    VoL  i.  pp.  14.  15,  etc. 


the  slaves  of  loyal  citizens  without  compensation 
therefor;  also,  in  1836,  the  right  to  reward  slaves 
who  have  performed  public  service,  by  giving 
freedom  to  them  and  to  their  families  ;  also,  in 
1838,  the  principle  that  slaves  of  loyal  citizens, 
captured  in  war,  should  be  emancipated,  and  not 
returned- to  their  masters  ;  and  that  slaves  escap 
ing  to  the  army  of  the  United  States  should  be 
treated  as  prisoners  of  war,  and  not  as  property 
of  their  masters.  These  propositions  are  sup 
ported  by  the  cases  of  General  Jackson,  General 
Jessup,  General  Taylor,  and  General  Gaines. 

"In  December,  1814,"  says  a  distinguished 
writer  and  speaker,  "  General  Jackson  impressed 
a  large  number  of  slaves  at  and  near  New-Or 
leans,  and  set  them  at  work  erecting  defences, 
behind  which  his  troops  won  such  glory  on  the 
eighth  of  January,  1815.  The  masters  remon 
strated.  Jackson  disregarded  their  remon 
strances,  and  kept  the  slaves  at  work  until  many 
of  them  were  killed  by  the  enemy's  shot ;  yet 
his  action  was  approved  by  Mr.  Madison,  the 
Cabinet,  and  by  the  Congress,  which  has  ever 
refused  to  pay  the  masters  for  their  losses.  In 
this  case,  the  masters  were  professedly  friends 
to  the  government ;  and  yet  our  Presidents,  and 
cabinets,  and  generals  have  not  hesitated  to 
emancipate  their  slaves  whenever,  in  time  of  war, 
it  was  supposed  to  be  for  the  interest  of  the 
country  to  do  so.  This  was  done  in  the  exer 
cise  of  the  war  power  to  which  Mr.  Adams  re 
ferred,  and  for  which  he  had  the  most  abundant 
authority." 

"  In  .1836  General  Jessup  engaged  several  fu 
gitive  slaves  to  act  as  guides  and  spies,  agreeing, 
if  they  would  serve  the  government  faithfully, 
to  secure  to  them  the  freedom  of  themselves  and 
families.  They  fulfilled  their  engagement  in 
good  faith.  The  General  gave  them  their  free 
dom,  and  sent  them  to  the  West.  Mr.  Van 
Buren's  administration  sanctioned  the  contract, 
and  Mr.  Tyler's  administration  approved  the 
proceeding  of  the  General  in  setting  the  slaves 
and  their  families  free." 

The  writer  above  quoted  says  : 

"  Louis,  the  slave  of  a  man  named  Pacheco, 
betrayed  Major  Dade's  battalion  in  1836,  and 
when  he  had  witnessed  their  massacre,  he  joined 
the  enemy.  Two  years  subsequently  he  was 
captured.  Pacheco  claimed  him ;  General  Jes 
sup  said  if  he  had  time,  he  would  try  him  before 
a  court-martial  and  hang  him,  but  would  not  de 
liver  him  to  any  man.  He,  however,  sent  him 
West,  and  the  fugitive  slave  became  a  free  man. 
General  Jessup  reported  his  action  to  the  War 
Department,  and  Mr.  Van  Buren,  then  President, 
with  his  Cabinet,  approved  it.  Pacheco  then 
appealed  to  Congress,  asking  that  body  to  pay 
him  for  the  loss  of  his  slave.  The  House  of 
Representatives  voted  against  the  bill,  which 
was  rejected.  All  concurred  in  the  opinion  that 
General  Jessup  did  right  in  emancipating  the 
slave,  instead  of  returning  him  to  his  master. 

"In  1838  General  Taylor  captured  a  number 
of  negroes,  said  to  be  fugitive  slaves.  Citizens 
of  Flor  la,  learning  what  had  been  done,  inime- 


DOCUMENTS. 


705 


diately  gathered  around  his  camp,  intending  to 
secure  the  slaves  who  had  escaped  from  them 
General  Taylor  told  them  that  he  had  no  prison 
ers  but  'prisoners  of  war.'  The  claimants  then 
desired  to  look  at  them,  in  order  to  determine 
whether  he  was  holding  their  slaves  as  prisoners 
The  veteran  warrior  replied  that  no  man  should 
examine  his  prisoners  for  such  a  purpose ;  and 
he  ordered  them  to  depart.  This  action,  being 
reported  to  the  War  Department,  was  approved 
by  the  Executive.  The  slaves,  however,  were 
sent  West,  and  set  free. 

"  In  1838  many  fugitive  slaves  and  Indians, 
captured  in  Florida,  had  been  ordered  to  be  sent 
west  of  the  Mississippi.  Some  of  them  were 
claimed  at  New-Orleans  by  their  owners,  under 
legal  process.  General  Gaines,  commander  of 
the  military  district,  refused  to  deliver  them  up 
to  the  sheriff,  and  appeared  in  court  and  stated 
his  own  defence. 

"  His  grounds  of  defence  were,  '  that  these 
men,  women,  and  children  were  captured  in  war, 
and  held  as  prisoners  of  war ;  that,  as  command 
er  of  that  military  department,  he  held  them 
subject  only  to  the  order  of  the  national  Execu 
tive  ;  that  he  could  recognize  no  other  power  in 
time  of  war,  or  by  the  laws  of  war,  as  authorized 
to  take  prisoners  from  his  possession.  He  as 
serted  that  in  time  of  war  all  slaves  were  belliger 
ents  as  much  as  their  masters.  The  slave  men 
cultivate  the  earth,  and  supply  provisions.  The 
women  cook  the  food  and  nurse  the  sick,  and 
contribute  to  the  maintenance  of  the  war,  often 
more  than  the  same  number  of  males.  The 
slave  children  equally  contribute  whatever  they 
are  able  to  the  support  of  the  war.  The  military 
officer,  he  said,  can  enter  into  no  judicial  examin 
ation  of  the  claim  of  one  man  to  the  bone  and 
muscle  of  another,  as  property ;  nor  could  he,  as 
a  military  officer,  know  what  the  laws  of  Florida 
were  while  engaged  in  maintaining  the  Federal 
Government  by  force  of  arms.  In  such  case  he 
could  only  be  guided  by  the  laws  of  war,  arid 
whatever  may  be  the  laws  of  any  State,  they 
must  yield  to  the  safety  of  the  Federal  Govern 
ment.  He  sent  the  slaves  West,  and  they  be 
came  free.'  "* 

On  the  twenty-sixth  of  May,  1836,  in  a  debate 
in  the  House  of  Representatives,  upon  the  joint 
resolution  for  distributing  rations  to  the  dis 
tressed  fugitives  from  Indian  hostilities  in  the 
States  of  Alabama  and  Georgia,  John  Quincy 
Adams  expressed  the  following  opinions  : 

"  Sir,  in  the  authority  given  to  Congress  by 
the  Constitution  of  the  United  States,  to  declare 
war,  all  the  powers  incidental  to  war  are,  by 
necessary  implication,  conferred  upon  the  Gov 
ernment  of  the  United  States.  Now  the  powers 
incidental  to  war  are  derived,  not  from  their  in 
ternal  municipal  source,  but  from  the  laws  and 
usages  of  nations. 

u  There  are,  then,  Mr.  Chairman,  in  the  au 
thority  of  Congress  and  of  the  Executive,  two 

*  This  defence  of  General  Gaines  may  be  found  in  House 
Document  No.  225,  of  the  second  sessior  -jf  the  Twenty-fifth 
Congress. 


classes  of  powers,  altogether  different  in  their 
nature,  and  often  incompatible  with  each  other — 
the  war  power  and  the  peace  power.  The  peace 
power  is  limited  by  regulations  and  restricted  by 
provisions  prescribed  within  the  Constitution 
itself.  The  war  power  is  limited  only  by  the 
laws  and  usages  of  nations.  This  power  is  tre 
mendous  ;  it  is  strictly  constitutional,  but  it 
breaks  down  every  barrier  so  anxiously  erected 
for  the  protection  of  liberty,  of  property,  and  of 
life.  This,  sir,  is  the  power  which  authorizes 
you  to  pass  the  resolution  now  before  you,  and, 
in  my  opinion,  no  other." 

After  an  interruption,  Mr.  Adams  went  on  to 
say: 

"  There  are,  indeed,  powers  of  peace  conferred 
upon  Congress  which  also  come  within  the  scope 
and  jurisdiction  of  the  laws  of  nations,  such  as 
the  negotiation  of  treaties  of  amity  and  com 
merce,  the  interchange  of  public  ministers  and 
consuls,  and  all  the  personal  and  social  inter 
course  between  the  individual  inhabitants  of  the 
United  States  and  foreign  nations  and  the  Indian 
tribes,  which  require  the  interposition  of  any 
law.  But  the  powers  of  war  are  all  regulated 
by  the  laws  of  nations,  and  are  subject  to  no 
other  limitation.  ...  It  was  upon  this 
principle  that  I  voted  against  the  resolution  re 
ported  by  the  slavery  committee,  '  that  Congress 
possess  no  constitutional  authority  to  interfere, 
in  any  way,  with  the  institution  of  slavery  in 
any  of  the  States  of  this  confederacy,1  to  which 
resolution  most  of  those  with  whom  I  usually 
concur,  and  even  my  own  colleagues  in  this 
house,  gave  their  assent.  /  do  not  admit  that 
there  is,  even  among  the  peace  powers  of  Congress, 
no  such  authority ;  but  in  war  there  are  many 
ways  by  which  Congress  not  only  have  the  au 
thority,  but  ARE  BOUND  TO  INTERFERE  WITH  THE 

NSTITUTION  OF  SLAVERY  IN  THE  STATES.  The  ex 
isting  law  prohibiting  the  importation  of  slaves 
nto  the  United  States  from  foreign  countries  is 
tself  an  interference  with  the  institution  of 
slavery  in  the  States.  It  was  so  considered  by 
he  founders  of  the  Constitution  of  the  United 
States,  in  which  it  was  stipulated  that  Congress 
should  not  interfere,  in  that  way,  with  the  insti- 
ution,  prior  to  the  year  1808. 

"During  the  late  war  with  Great  Britain,  the 
military  and  naval  commanders  of  that  nation 
ssued  proclamations  inviting  the  slaves  to  repair 
;o  their  standard,  with  promises  of  freedom  and 
)f  settlement  in  some  of  the  British  colonial  estab- 
ishments.  This  surely  was  an  interference  with 
;he  institution  of  slavery  in  the  States.  By  the 
;reaty  of  peace,  Great  Britain  stipulated  to  evacu 
ate  all  the  forts  and  places  in  the  United  States, 
without  carrying  away  any  slaves.  If  the  Go  v  ern- 
ment  of  the  United  States  had  no  power  to  inter 
fere,  in  any  way,  with  the  institution  of  slavery 
n  the  States,  they  would  not  have  had  the  au- 
;hority  to  require  this  stipulation.  It  is  well 
"mown  that  this  engagement  was  not  fulfilled  by 
;he  British  naval  and  military  commanders ; 
;hat,  on  the  contrary,  they  did  carry  away  all 
the  slaves  whom  they  had  induced  to  join  then\ 


REBELLION   RECORD,  1862-63. 


and  that  the  British  Government  inflexibly  re 
fused  to  restore  any  of  them  to  their  masters  ; 
that  a  claim  of  indemnity  was  consequently  in 
stituted  in  behalf  of  the  owners  of  the  slaves, 
and  was  successfully  maintained.  All  that  series 
of  transactions  was  an  interference  by  Congress 
with  the  institution  of  slavery  in  the  States  in 
one  way — in  the  way  of  protection  and  support. 
It  was  by  the  institution  of  slavery  alone  that 
the  restitution  of  slaves,  enticed  by  proclama 
tions  into  the  British  service,  could  be  claimed 
as  property.  But  for  the  institution  of  slavery, 
the  British  commanders  could  neither  have  al 
lured  them  to  their  standard,  nor  restored  them 
otherwise  than  as  liberated  prisoners  ol  war. 
But  for  the  institution  of  slavery,  there  could 
have  been  no  stipulation  that  they  should  not 
be  carried  away  as  property,  nor  any  claim  of 
indemnity  for  the  violation  of  that  engagement." 

Mr.  Adams  goes  on  to  state  how  the  war  pow 
er  may  be  used : 

"  But  the  war  power  of  Congress  over  the  in 
stitution  of  slavery  in  the  States  is  yet  far  more 
extensive.  Suppose  the  case  of  a  servile  war, 
complicated,  as  to  some  extent  it  is  even  now, 
with  an  Indian  war;  suppose  Congress  were 
called  to  raise  armies,  to  supply  money  from  the 
whole  Union  to  suppress  a  servile  insurrection, 
would  they  have  no  authority  to  interfere  with 
the  institution  of  slavery  ?  The  issue  of  a  ser 
vile  war  may  be  disastrous  ;  it  may  become  neces 
sary  for  the  master  of  the  slave  to  recognize  his 
emancipation  by  a  treaty  of  peace :  can  it  for  an 
instant  be  pretended  that  Congress,  in  such  a 
contingency,  would  have  no  authority  to  inter 
fere  with  the  institution  of  slavery,  in  any  way, 
in  the  States  ?  Why,  it  would  be  equivalent  to 
saying  that  Congress  have  no  constitutional  au 
thority  to  make  peace.  I  suppose  a  more  porten 
tous  case,  certainly  within  the  bounds  of  possi 
bility — I  would  to  God  I  could  say,  not  within 
the  bounds  of  probability " 

"Do  you  imagine,"  he  asks,  "  that  your  Con 
gress  will  have  no  constitutional  authority  to  in 
terfere  with  the  institution  of  slavery,  in  any 
way,  in  the  States  of  this  confederacy  ?  Sir, 
they  must  and  will  interfere  with  it — perhaps  to 
sustain  it  by  war,  perhaps  to  abolish  it  by  trea 
ties  of  peace ;  and  they  will  not  only  possess  the 
constitutional  power  so  to  interfere,  but  they 
will  be  bound  in  duty  to  do  it  by  the  express 
provisions  of  the  Constitution  itself.  From  the 
instant  that  your  slaveholding  States  become 
the  theatre  of  a  war,  civil,  servile,  or  foreign 
war,  from  that  instant  the  war  powers  of  Con 
gress  extend  to  interference  with  the  institution 
of  slavery,  in  every  way  by  which  it  can  be  in 
terfered  with,  from  a  claim  of  indemnity  for 
slaves  taken  or  destroyed,  to  the  cession  of 
States  burdened  with  slavery  to  a  foreign  power." 

Extracts  from  the  speech  of  John  Quincy 
Adams,  delivered  in  the  United  States  House  of 
Representatives,  April  fourteenth  and  fifteenth, 
1842,  on  war  with  Great  Britain  and  Mexico: 

u  What  I  say  is  involuntary,  because  the  sub 
ject  has  been  brought  into  the  house  from  an 


other  quarter,  as  the  gentleman  himself  admits. 
I  would  leave  that  institution  to  the  exclusive 
consideration  and  management  of  the  States 
more  peculiarly  interested  in  it,  just  as  long  as 
they  can  keep  within  their  own  bounds.  So 
far,  I  admit  that  Congress  has  no  power  to  med 
dle  with  it.  As  long  as  they  do  not  step  out  of 
their  own  bounds,  and  do  not  put  the  question 
to  the  people  of  the  United  States,  whose  peace, 
welfare,  and  happiness  are  all  at  stake,  so  long  E 
will  agree  to  leave  them  to  themselves.  But 
when  a  member  from  a  free  State  brings  forward 
certain  resolutions,  for  which,  instead  of  reason 
ing  to  disprove  his  positions,  you  vote  a  censure 
upon  him,  and  that  without  hearing,  it  is  quite 
another  affair.  At  the  time  this  was  done,  I 
said  that,  as  far  as  I  could  understand  the  reso 
lutions  proposed  by  the  gentleman  from  Ohio, 
(Mr.  Giddings,)  there  were  some  of  them  for 
which  I  was  ready  to  vote,  and  some  which  I 
must  vote  against;  and  I  will  now  tell  this 
house,  my  constituents,  and  the  whole  of  man 
kind,  that  the  resolution  against  which  I  would 
have  voted  was  that  in  which  he  declares  that 
what  are  called  the  slave  States  have  the  exclu 
sive  right  of  consultation  on  the  subject  of  slavery. 
For  that  resolution  I  never  would  vote,  because 
I  believe  that  it  is  not  just,  and  does  not  contain 
constitutional  doctrine.  I  believe  that,  so  long 
as  the  slave  States  are  able  to  sustain  their  insti 
tutions  without  going  abroad  or  calling  upon 
other  parts  of  the  Union  to  aid  them  or  act  on 
the  subject,  so  long  I  will  consent  never  to  inter 
fere.  I  have  said  this,  and  I  repeat  it ;  but  if 
they  come  to  the  free  States,  and  say  to  them, 
You  must  help  us  to  keep  down  our  slaves,  you 
must  aid  us  in  an  insurrection  and  a  civil  war, 
then  I  say  that  with  that  call  comes  full  and  plen 
ary  power  to  this  house  and  to  the  Senate  over  the 
whole  subject.  It  is  a  war  power.  I  say  it  is  a 
war  power ;  and  when  our  country  is  actually  in 
war,  whether  it  be  a  war  of  invasion  or  a  war  of 
insurrection,  Congress  has  power  to  carry  on  the 
war,  and  must  carry  it  on,  according  to  the  laws 
of  war ;  and  by  the  laws  of  war,  an  invaded 
country  has  all  its  laws  and  municipal  institu 
tions  swept  by  the  board,  and  martial  law  takes 
the  place  of  them.  This  power  in  Congress  has, 
perhaps,  never  been  called  into  exercise  under 
the  present  Constitution  of  the  United  States. 
But  when  the  laws  of  war  are  in  force,  what,  I 
ask,  is  one  of  those  laws  ?  It  is  this  :  that  when 
a  country  is  invaded,  and  two  hostile  armies  are 
set  in  martial  array,  the  commanders  of  both  ar 
mies  have  power  to  emancipate  all  the  slaves  in 
the  invaded  territory.  Nor  is  this  a  mere  theo 
retic  statement.  The  history  of  South-America 
shows  that  the  doctrine  has  been  carried  into 
practical  execution  within  the  last  thirty  years. 
Slavery  was  abolished  in  Colombia,  first,  by  the 
Spanish  General  Morillo,  and,  secondly,  by  the 
American  General  Bolivar.  It  was  abolished  by 
virtue  of  a  military  command  given  at  the  head 
of  the  army,  and  its  abolition  continues  to  be 
law  to  this  day.  It  was  abolished  by  the  laws 
of  war,  and  not  by  the  municipal  enactments ; 


DOCUMENTS. 


707 


the  power  was  exercised  by  military  command 
ers,  under  instructions,  of  course,  from  their  re 
spective  governments.  And  here  I  recur  again 
to  the  example  of  General  Jackson.  What  arc 
you  now  about  in  Congress  ?  You  are  abou 
passing  a  grant  to  refund  to  General  Jackson  th< 
amount  of  a  certain  fine  imposed  upon  him  by  a 
judge,  under  the  laws  of  the  State  of  Louisiana 
You  are  going  to  refund  him  the  money,  with 
interest ;  and  this  you  are  going  to  do  because 
the  imposition  of  the  fine  was  unjust.  And 
why  was  it  unjust?  Because  General  Jackson 
was  acting  under  the  laws  of  war,  and  because 
the  moment  you  place  a  military  commander  in 
a  district  which  is  the  theatre  of  war,  the  laws 
of  war  apply  to  that  district. 


"  I  might  furnish  a  thousand  proofs  to  show 
that  the  pretensions  of  gentlemen  to  the  sanctity 
of  their  municipal  institutions  under  a  state  of 
actual  invasion  and  of  actual  war,  whether  ser 
vile,  civil,  or  foreign,  is  wholly  unfounded,  and 
that  the  laws  of  war  do,  in  nil  such  cases,  take 
the  precedence.  T  lay  this  down  as  the  law  of 
nations.  I  say  that  military  authority  takes,  for 
the  time,  the  place  of  all  municipal  institutions, 
and  slavery  among  the  rest;  and  that,  under 
that  state  of  things,  so  far  from  its  being  true 
that  the  States  where  slavery  exists  have  the  ex 
clusive  management  of  the  subject,  not  only  the 
President  of  the  United  States,  but  the  com 
mander  of  the  army,  has  power  to  order  the 
universal  emancipation  of  the  slaves.  I  have 
given  here  more  in  detail  a  principle  which  I  have 
asserted  on  this  floor  before  now,  and  of  which  I 
have  no  more  doubt  than  that  you,  sir,  occupy 
that  chair.  I  give  it  in  its  development,  in  order 
that  any  gentleman  from  any  part  of  the  Union 
may,  if  he  thinks  proper,  deny  the  truth  of  the 
position,  and  may  maintain  his  denial;  not  by 
indignation,  not  by  passion  and  fury,  but  by 
sound  and  sober  reasoning  from  the  laws  of  na 
tions  and  the  laws  of  war.  And  if  my  position 
can  be  answered  and  refuted,  I  shall  receive  the 
refutation  with  pleasure  ;  I  shall  be  glad  to  listen 
to  reason,  aside,  as  I  say,  from  indignation  and 
passion.  And  if,  by  the  force  of  reasoning,  my 
understanding  can  be  convinced,  I  here  pledge 
myself  to  recant  what  I  have  asserted. 

"  Let  my  position  be  answered  ;  let  me  be  told, 
let  my  constituents  be  told,  let  the  people  of  my 
State  be  told — a  State  whose  soil  tolerates  not 
the  foot  of  a  slave— that  they  are  bound  by  the 
Constitution  to  a  long  and  toilsome  march,  under 
burning  summer  suns  and  a  deadly  Southern 
clime,  for  the  suppression  of  a  servile  war;  that 
they  are  bound  to  leave  their  bodies  to  rot  upon 
the  sands  of  Carolina,  to  leave  their  wives  wid 
ows  and  their  children  orphans  ;  that  those  who 
cannot  march  are  bound  to  pour  out  their  trea 
sures  while  their  sons  or  brothers  are  pouring 
out  their  blood  to  suppress  a  servile  combined 
with  a  civil  or  a  foreign  war  ;  and  yet  that  there 
exists  no  power  beyond  the  limits  of  the  slave 
State  where  such  war  is  raging  to  emancipate  the 


slaves.  I  say,  let  this  be  proved— I  am  open  to 
conviction  ;  but  till  that  conviction  comes,  I  put 
it  forth,  not  as  a  dictate  of  feeling,  but  as  a  set 
tled  maxim  of  the  laws  of  nations,  that,  in  such 
a  case,  the  military  supersedes  the  civil  power ; 
and  on  this  account  I  should  have  been  obliged 
to  vote,  as  I  have  said,  against  one  of  the  reso 
lutions  of  my  excellent  friend  from  Ohio,  (Mr. 
Giddings,)  or  should  at  least  have  required  that 
it  be  amended  in  conformity  with  the  Constitu 
tion  of  the  United  States." 

CONCLUSION. 

It  has  thus  been  proved,  that  by  the  law  and 
usage  of  modern  civilized  nations,  confirmed  by 
the  judgment  of  eminent  statesmen,  and  by  the 
former  practice  of  this  government,  that  tha 
President,  as  Commander-in-Chief,  has  the  au 
thority,  as  an  act  of  war,  to  liberate  the  slaves 
of  the  enemy  ;  that  the  United  States  have  in 
former  times  sanctioned  the  liberation  of  slaves 
even  of  loyal  citizens,  by  military  commanders, 
in  time  of  war,  without  compensation  therefor  ; 
and  have  deemed  slaves  captured  in  war  from 
belligerent  subjects  as  entitled  to  their  freedom.* 

*  GENERAL  WAR  POWERS  OF  THE  PRESIDENT.— It  is  not  intend- 
ed  in  this  chapter  to  explain  the  general  war  powers  of  tha 
President.     They  are  principally  contained  in  the  Constitution. 
Art.  II.  Sect.  1,  01.  1  and  I ;  Sect.  2,  Cl.  1  ;  Sect.  3,  Cl.  1 ;  and 
n  Sect.  1,  Cl.  1,  and  by  necessary  implication  in  Art.  I.  Sect.  9, 
31  2.     By  Art.  II.  Sect.  2,  the  President  is  made  Commander- 
n-Chief  of  the  army  and  navy  of  the  United  States,  and  of  the 
militia  of  the  several  States  when  called  into  the  service  of  the 
Jnited  States.     This  clause  gives  ample  powers  of  war  to  the 
President,  when  the  army  and  navy  are  lawfully  in  "actual 
ervice."     His  military  authority  is  supreme,  under  the  Consti- 
ution,   while   governing  and   regulating   the   land   and   naval 
orces,  and  treating  captures  on  land  and  water  in  accordance 
with  such  rules  as  Congress  may  have  passed  in  pursuance  of 
Irt.  I.  Sect.  8,  Cl.  11,  14.     Congress  may  effectually  control  the 
nilitary  power,  by  refusing  to  vote  supplies,  or  to  raise  troops, 
.nd   by   impeachment  of  the  President;  but   for  the   military 
novements,  and  measures  essential  to  overcome  the  enemy — 
"or  the  general  conduct  of  the  war — the  President  is  responsible 
o  and  controlled  by  no  other  department  of  Government.     His 
luty  is  to  uphold  the  Constitution  and  enforce  the  laws,  and  to 
espect  whatever  rights  loyal  citizens  are  entitled  to  enjoy  in 
hue  of  civil  war,  to  the  fullest  extent  that  may  be  consistent 
»"ith   the  performance   of  the  military  duty  imposed   on  him. 
The  effect  of  a  state  of  war,  in  changing  or  modifying  civil 
ghts,  has  been  explained  in  the  preceding  chapters. 
What  is  the  extent  of  the  military  power  of  the  President  over 
he  persons  and  property  of  citizens  at  a  distance  from  the  seat 
f  war — whether  he  or  the  War  Department  may  lawfully  order 
lie  arrest  of  citizens  in  loyal  States  on  reasonable  proof  that 
hey  are  either  enemies  or  aiding  the  enemy — or  that  they  are 
pies  or  emissaries  of  rebels  sent  to  gain  information  for  their 
se,  or  to  discourage  enlistments — whether  martial  law  may  be 
xtended  over  such  places  as  the  commander  deems  it  necessary 
o  guard,  even  though  distant  from  any  battle-field,  in  order  to 
nable  him  to  prosecute  the  war  effectually — whether  the  writ 
of  habeas  corpus  may  be  suspended  as  to  persons  under  mili 
tary  arrest,  by  the  President,  or  only  by  Congress,  (on  which 
point  Judges  of  the  United  States  Courts'disagree ;)  whether,  in 
time  of  war,  all  citizens  are  liable  to  military  arrest,  on  reason 
able  proof  of  their  aiding  or  abetting  the  enemy — or  whether 
they  are  entitled  to  practise  treason  until  indicted  by  some  grand- 
jury— thus,  for  example,  whether  Jefferson  Davis  or  General 
Lee  if  found  in  Boston,  could  be  arrested  by  military  authority 
and  sent  to  Fort  Warren  ?     Whether,  in   the   midst  of  wide 
spread  and  terrific  war,  those  persons  who  violate  the  laws  of 
war  and  the  laws  of  peace,  traitors,  spies,  emissaries,  brigands, 
bushwhackers,  guerrillas,  persons  in  the  free  States  supplying 
arms  and  ammunition  to  the  enemy,  must  all   be  proceeded 
against  by  civil  tribunals  only,  under  due  forms  and  precedents 
of  law,  by  the  tardy  and  ineffectual  machinery  of  arrests  by 
marshals,  (who  can  rarely  have  means  of  apprehending  them,) 
and  of  grand-juries,  (who  meet  twice  a  year,  and  could  seldom 
if  ever  seasonably  secure  the  evidence  on  which  to  indict  them)? 
Whether  Government  is  not  entitled  by  military  power  to  PRE 
VENT  the  traitors  and  spies,  by  arrest  and  imprisonment,  from 
doing  the  intended  mischief,  as  well  as  to  punish  them  after  it  ii 


V08 


REBELLION   RECORD,  1862-63. 


CHAPTER  IV. 

BILLS    OF    ATTAINDER, 

AFTER  the  authority  of  Government  shall  have 
been  reestablished  over  the  rebellious  districts 
measures  may  be  taken  to  punish  individual 
criminals. 

The  popular  sense  of  outraged  justice  will  em 
body  itself  in  more  or  less  stringent  legislation 
against  those  who  have  brought  civil  war  upon 
*s.  It  would  be  surprising  if  extreme  severity 
were  not  demanded  by  the  supporters  of  the 
Union  in  all  sections  of  the  country.  Nothing 
short  of  a  general  bill  of  attainder,  it  is  presumed, 
will  fully  satisfy  some  of  the  loyal  people  of  the 
slave  States. 

BILLS    OF    ATTAINDER    IN    ENGLAND. 

By  these  statutes,  famous  in  English  political 
history,  tyrannical  governments  have  usually  in 
flicted  their  severest  revenge  upon  traitors.  The 
irresistible  power  of  law  has  been  evoked  to  an 
nihilate  the  criminal,  as  a  citizen  of  that  state 
whose  majesty  he  had  offended,  and  whose  ex 
istence  he  had  assailed.  His  life  was  terminated 
with  horrid  tortures ;  his  blood  was  corrupted, 
and  his  estates  were  forfeited  to  the  king.  While 
still  living,  he  was  deemed,  in  the  language  of 
the  law,  as  " civiliter  mortuus." 

PUNISHMENT    BY    ATTAINDER. 

The  refined  cruelty  which  characterized  the 
punishment  of  treason,  according  to  the  common 
law  of  England,  would  have  been  discreditable 
to  the  barbarism  of  North-American  savages  in 
the  time  of  the  Georges,  and  has  since  been 
equalled  only  by  some  specimens  of  chivalry  in 
the  secession  army.  The  mode  of  executing 
these  unfortunate  political  offenders  was  this  : 

1.  The  culprit  was  required  to  be  dragged  on 
the  ground  or  over  the  pavement  to  the  gallows ; 

done  ?  Whether  war  can  be  carried  on  successfully,  without 
the  power  to  save  the  army  and  navy  from  being  betrayed  and 
destroyed,  by  depriving  any  citizen  temporarily  of  the  power 
of  acting  as  an  enemy,  whenever  there  is  reasonable  cause  to 
suspect  him  of  being  one  ?  Whether  these  and  similar  proceed 
ings  are,  or  are  not.  in  violation  of  any  civil  rights  of  citizens 
under  the  Constitution,  are  questions  to  which  the  answers  de 
pend  on  the  construction  given  to  the  war  powers  of  the  Exe 
cutive.  Whatever  any  Commander-in-Chief,  in  accordance  with 
the  usual  practice  of  carrying  on  war  among  civilized  nations, 
may  order  his  army  and  navy  to  do,  is  within  the  power  of  the 
President  to  order  and  to  execute,  because  the  Constitution,  in 
express  terms,  gives  him  the  supreme  command  of  both.  If  he 
makes  war  upon  a  foreign  nation,  he  should  be  governed  by  the 
law  of  nations  ;  if  lawfully  engaged  in  civil  war,  he  may  treat 
Ma  enemies  as  subjects  and  as  belligerents. 

The  Constitution  provides  that  the  government  and  regulation 
of  the  land  and  naval  forces,  and  the  treatment  of  captures, 
should  be  according  to  law ;  but  it  imposes,  in  express  terms, 
no  other  qualification  of  the  war  power  of  the  President.  It 
does  not  prescribe  any  territorial  limits,  within  the  United 
States,  to  which  his  military  operations  shall  be  restricted  ;  nor 
to  which  the  picket-guard,  or  military  guards  (sometimes  called 
provost-marshals)  shall  be  confined.  It  does  not  exempt  any 
person  making  war  upon  the  country,  or  aiding  and  comforting 
the  enemy,  from  being  captured,  or  arrested,  wherever  he 
may  be  found,  whether  within  or  out  of  the  lines  of  any  division 
of  the  army.  It  does  not  provide  that  public  enemies,  or  their 
abettors,  shall  find  safe  asylum  in  any  part  of  the  United  States 
where  military  power  can  reach  them.  It  requires  the  Presi 
dent,  as  an  executive  magistrate,  in  time  of  peace  to  see  that 
the  laws  existing  in  time  of  peace  are  faithfully  executed — and 
as  Cominunder-yi-Chief  in  time  of  war,  to  see  that  the  laws  of 
war  are  executed.  In  doing  both  duties  he  is  strictly  obeying 
the  Constitution. 


he  could  not  be  allowed,  by  law,  to  walk  or  ride. 
Blackstone  says,  that  Z>?/  connivance,  at  last  ripen 
ed  into  law,  he  was  allowed  to  be  dragged  upon  a 
hurdle,  to  prevent  the  extreme  torment  of  being 
dragged  on  the  ground  or  pavement. 

2.  To  be  hanged  by  the  neck,  and  then  cut 
down  alive. 

3.  His  entrails  to  be  taken  out  and  burned 
while  he  was  yet  alive. 

4.  His  head  to  be  cut  off. 

5.  His  body  to  be  divided  into  four  parts. 

6.  His  head  and  quarters  to  be  at  the  king's 
disposal* 

Blackstone  informs  us  that  these  directions 
were,  in  former  times,  literally  and  studiously 
executed.  Judge  Story  observes,  they  "indicate 
at  once  a  savage  and  ferocious  spirit,  and  a  de 
grading  subserviency  to  royal  resentments,  real 
or  supposed."! 

ATTAINDERS     PROHIBITED     AS     INCONSISTENT     WITH 
CONSTITUTIONAL    LIBERTY. 

Bills  of  attainder  struck  at  the  root  of  all  civil 
rights  and  political  liberty.  To  declare  single  in 
dividuals,  or  a  large  class  of  persons,  criminals,  in 
time  of  peace,  merely  upon  the  ground  that  they 
entertained  certain  opinions  upon  questions  of 
church  or  state  ;  to  do  this  by  act  of  Parliament, 
without  a  hearing,  or  after  the  death  of  the  alleged 
offender ;  to  involve  the  innocent  with  the  guilty 
in  indiscriminate  punishment — was  an  outrage 
upon  the  rights  of  the  people  not  to  be  tolerated 
in  our  Constitution  as  one  of  the  powers  of  gov 
ernment. 

BILLS    OF    ATTAINDER  ABOLISHED. 

The  Constitution  provides  expressly, |  that  "no 
bill  of  attainder  or  ex  post  facto  law,  shall  be 
passed  by  Congress ;  and  that  no  State  shall  pass 
any  bill  of  attainder,  ex  post  facto  law,  or  law  im 
pairing  the  obligation  of  contracts."§  There  is, 
therefore,  no  power  in  this  country  to  pass  any 
bill  of  attainder. 

WHAT    IS    A    BILL    OF    ATTAINDER  ? 

"Wherein  does  it  differ  from  other  statutes  for 
ihe  punishment  of  criminals  ? 

A  "  bill  of  attainder,"  in  the  technical  language 
of  the  law,  is  a  statute  by  which  the  offender  be 
comes  "attainted,"  and  is  liable  to  punishment 
vithout  having  been  convicted  of  any  crime  in 
:he  ordinary  course  of  judicial  proceedings. 

If  a  person  be  expressly  named  in  the  bill,  or 
comes  within  the  terms  thereof,  he  is  liable  to 
Dunishment.  The  legislature  undertakes  to  pro 
nounce  upon  the  guilt  of  the  accused  party.  He 
s  entitled  to  no  hearing  when  living,  and  may 
3e  pronounced  guilty  when  absent  from  the  coun- 
;ry,  or  even  long  after  his  death.  Lord  Coke  says 
:hat  the  reigning  monarch  of  England,  who  was 
slain  at  Bosworth,  is  said  to  have  been  attainted 
by  act  of  Parliament  a  few  months  after  his  death, 

*  4  Bla.  Com.  92. 

t  Lord  Coke  undertakes  to  justify  the  severity  of  this  punish 
ment  by  examples  drawn  from  Scripture. 
Art.  I.  Sec.  9.  §  Art.  I.  Sec.  10. 


DOCUMENTS. 


ros 


notwithstanding  the  absurdity  of  deeming  him 
at  once  in  possession  of  a  throne  and  a  traitor.* 

A  question  has  been  raised,  whether  any  statute 
can  be  deemed  a  bill  of  attainder  if  it  inflicts  a  de 
gree  of  punishment  less  than  that  of  death  ? 

In  technical  law,  statutes  were  called  bills  of 
attainder  only  when  they  inflicted  the  penalty  of 
death  or  outlawry  ;  while  statutes  which  inflicted 
only  forfeitures,  fines,  imprisonments,  and  similar 
punishments,  were  called  bills  of  "pains  and  pen 
alties."    This  distinction  was  practically  observed 
in  the  legislation  of  England.     No  bill  of  attainde 
can  probably  be  found  which  did  not  contain  thi 
marked  feature  of  the  death  penalty,  or  the  pen 
alty  of  outlawry,  which  was  considered  as  equiva 
lent  to  a  judgment  of  death.     Judgment  of  out 
lawry  on  a  capital  crime,  pronounced  for  abscond 
ing  or  fleeing  from  justice,  was  founded  on  tha 
which  was  in  law  deemed  a  tacit  confession  of 
guilt  t 

BILLS    OF   PAINS    AND    PENALTIES. 

It  has  been  said  that  within  the  sense  of  th 
Constitution,  bills  of  attainder  include  bills  of 
pains  and  penalties ;  and  this  view  seemed  to  de 
rive  support  from  a  remark  of  a  judge  of  the  Su 
preine  Court.  "  A  bill  of  attainder  may  affect 
the  life  of  an  individual,  or  may  confiscate  his 
property,  or  both."J 

It  is  true  that  a  bill  of  attainder  may  affect  the 
life  of  an  individual ;  but  if  the  individual  attaint 
ed  were  dead  before  the  passage  of  the  act,  as  was 
the  case  with  Richard  III.,  the  bill  could  not  af 
fect  his  life  ;  or  if  a  bill  of  attainder  upon  out 
lawry  were  passed  against  persons  beyond  seas, 
the  life  of  the  party  would  not  be  in  fact  affected, 
although  the  outlawry  was  equivalent  in  the  eye 
of  the  law  to  civil  death.  There  is  nothing  in 
this  dictum  inconsistent  with  the  ancient  and  ac 
knowledged  distinction  between  bills  of  attainder 
and  bills  of  pains  and  penalties ;  nothing  which 
would  authorize  the  enlargement  of  the  technical 
meaning  of  the  words  ;  nothing  which  shows  that 
Judge  Marshall  deemed  that  bills  of  attainder  in 
cluded  bills  of  pains  and  penalties  within  the 
sense  of  the  Constitution.  This  dictum  is  quoted 
by  Judge  Story,§  who  supposed  its  meaning  went 
beyond  that  which  is  now  attributed  to  it.  But 
he  does  not  appear  to  sanction  such  a  view  of  the 
law.  This  is  the  only  authority  to  which  he  re 
fers  ;  and  he  introduces  the  proposed  construction 
of  this  clause  by  language  which  is  used  by  law 
yers  who  have  little  confidence  in  the  result  which 
the  authority  indicates,  namely,  "it  seems."  No 
case  has  been  decided  by  the  Supreme  Court  of 
the  United  States  which  shows  that  "  bills  of  at 
tainder,"  within  the  sense  of  the  Constitution,  in 
clude  any  other  statutes  than  those  which  were 
technically  so  considered  according  to  the  law  of 
England. 

*  See  Story  on  the  Constitution,  B.  III.  Sect.  678. 

t  Standf.  PI.  Co.  44,  122,  182. 

$  Fletcher  v.  Peck,  6  Cranch,  R. 

§  Com.  Const.  III.  Ch.  32,  Sect.  8. 

SUP.  Doc.  46 


EX  POST  FACTO  LAWS  PROHIBITED.  BILLS  OP  PAINS 
AND  PENALTIES,  AS  WELL  AS  ATTAINDERS,  UN 
CONSTITUTIONAL. 

It  does  not  seem  important  whether  the  on« 
or  the  other  construction  be  put  upon  the  lan 
guage  of  this  clause,  nor  whether  bills  of  pains 
and  penalties  be  or  be  not  included  within  the 
prohibition  ;  for  Congress  can  pass  no  ex  post 
facto  law ;  and  it  was  one  of  the  invariable  char 
acteristics  of  bills  of  attainder  and  of  bills  of  pains 
and  penalties,  that  they  were  passed  for  the  pun 
ishment  of  supposed  crimes  which  had  been  com 
mitted  before  the  acts  were  passed. 

The  clause  prohibiting  Congress  from  passing 
any  ex  post  facto  law  would  doubtless  have  pre 
vented  their  passing  any  bill  of  attainder ;  but 
this  prohibition  was  inserted  from  greater  cau 
tion,  and  to  prevent  the  exercise  of  constructive 
powers  against  political  offenders.  No  usurpa 
tion  of  authority  in  the  worst  days  of  English 
tyranny  was  more  detested  by  the  framers  of 
our  Constitution  than  that  which  attempted  to 
ride  over  the  rights  of  Englishmen  to  gratify  royal 
revenge  against  the  friends  of  free  government. 
Hence  in  that  respect  they  shut  down  the  gate 
upon  this  sovereign  power  of  government.  Thej^ 
forbade  any  punishment,  under  any  form,  for 
crime  not  against  some  standing  law,  which  had 
been  enacted  before  the  time  of  its  commission. 
They  prevented  Congress  from  passing  any  at 
tainder  laws,  whereby  the  accused  might  be  de 
prived  of  his  life,  or  his  estate,  or  both,  without 
trial  by  jury,  and  by  his  political  enemies  ;  and 
whereby  also  his  relatives  would  suffer  equally 
with  himself. 

ATTAINDERS    IN    THE    COLONIES    AND    STATES. 

Bills  in  the  nature  of  bills  of  attainder  were 
familiar  to  our  ancestors  in  most  of  the  colonies 
and  in  the  States,  which  subsequently  formed 
:he  Union.  And  several  of  these  acts  of  at 
tainder  have  been  pronounced  valid  by  the  high 
est  courts  in  these  States.  By  the  Act  of  the 
State  of  New-York,  October  twenty-second,  1779, 
;he  real  and  personal  property  of  persons  adher- 
ng  to  the  enemy  was  forfeited  to  the  State ;  and 
this  act  has  been  held  valid  ;*  and  proceedings 
under  acts  of  attainder  were,  as  the  court  held, 
;o  be  construed  according  to  the  rules  in  cases 
)f  attainder,  and  not  by  the  ordinary  courts  of 
judicial  proceedings  ;t  and  these  laws  applied  to 
persons  who  were  dead  at  the  time  of  the  pro 
ceedings.  J 

^  "  Bills  of  attainder,"  says  the  learned  Judge, 
in  2  Johnson's  Cases,)  "have  always  been  con 
strued  in  this  respect  with  more  latitude  than 
ordinary  judicial  proceedings,  for  the  purpose  of 
giving  them  more  certain  effect,  and  that  the  in- 
ent  of  the  legislature  may  prevail."     "They  are 
extraordinary   acts  of  sovereignty,    founded  on 
mblic  policy§  and  the  peace  of  the  community." 

*  Sleight  v.  Kane,  2  Johns.  Cas.  236,  decided  in  April,  laOl. 
t  Jackson  v.  Sands,  2  Johns.  2C7. 
i  Jackson  v.  Stokes,  3  Johns.  15. 
§  Foster,  S\  84. 


REBELLION  RECORD,  1862-63. 


"The  attainted  person,"  says  Sir  Matthew  Hale, 
41  is  guilty  of  the  execrable  murder  of  the  king." 
The  Act  of  New-York,  October  twenty-second, 
1779,  attainted,  among  others,  Thomas  Jones  of 
the  offence  of  adhering  to  the  enemies  of  the 
State.  This  was  a  specific  offence,  and  was  not 
declared  or  understood  to  amount  to  treason,  be 
cause  many  of  the  persons  attainted  had  never 
owed  allegiance  to  the  State.* 

Bills  of  attainder  were  passed  not  only  in  New- 
York,  but  in  several  other  colonies  and  States, 
inflicting  the  penalties  of  attainder  for  other 
crimes  than  treason,  actual  or  constructive.  And 
the  harsh  operation  of  such  laws,  their  injustice, 
and  their  liability  to  be  abused  in  times  of  pub 
lic  excitement,  were  understood  by  those  who 
laid  the  foundations  of  this  Government  too  well 
to  permit  them  to  disregard  the  dangers  which 
they  sought  to  avert,  by  depriving  Congress,  as 
well  as  the  several  States,  of  all  power  to  enact 
such  cruel  statutes. 

If  bills  of  attainder  had  been  passed  only  for 
the  punishment  of  treason,  in  the  sense  of  mak 
ing  war  upon  the  Government,  or  aiding  the  ene 
my,  they  would  have  been  less  odious  and  less 
dangerous ;  but  the  regiment  of  crimes  which 
servile  Parliaments  had  enrolled  under  the  title 
of  "  treason,"  had  become  so  formidable,  and  the 
brutality  of  the  civil  contests  in  England  had 
been  so  shocking,  that  it  was  thought  unsafe  to 
trust  any  Government  with  the  arbitrary  and 
irresponsible  power  of  condemning  by  statute 
large  classes  of  their  opponents  to  death  and  de 
struction  for  that  which  only  want  of  success 
had  made  a  crime. 

BILLS    OF    ATTAINDER,    HOW    RECOGNIZED. 

The  consequences  of  attainder  to  the  estate  of 
the  party  convicted  will  be  more  fully  stated 
hereafter  ;  but  it  is  essential  to  observe  that 
there  are  certain  characteristics  which  distin 
guish  bills  of  attainder  from  all  other  penal  stat 
utes. 

1.  They  always  inflict  the  penalty  of  death 
upon   the   offender,   or   of    outlawry,    which   is 
equivalent  to  death. 

2.  They  are  always  ex  post  facto  laws,  being 
passed   after  the   crime  was    committed,   which 
they  are  to  punish. 

3.  They  never  allow  the  guilt  or  innocence  of 
the  persons  attainted  to  be  ascertained  by  trial ; 
but   the  guilt  is  attributed  to  them  by  act  of 
Parliament. 

4.  They   always    inflicted   certain    penalties, 
among  which  were  corruption  of  blood  and  for 
feiture  of  estate.     The  essence  of  attainder  was 
in  corruption  of  blood,  and  without  the  corrup 
tion  of  blood  no  person  was  by  the  English  law 
attainted. 

Unless  a  law  of  Congress  shall  contain  these 
four  characteristics — penalty  of  death,  or  out 
lawry,  corruption  of  blood,  and  the  legislative, 
not  judicial  condemnation  —  embodied  in  a  law 
passed  after  the  commission  of  the  crime  it  seeks 

*  Jackson  v.  Catlint  2  Johns.  R.  260. 


to  punish,  it  is  not  a  bill  of  attainder  under  the 
sense  of  the  Constitution. 

INTRODUCTION  TO   CHAPTER  V. 

Under  the  English  law,  prior  to  the  Revolu 
tion,  there  had  been  three  modes  of  punishing 
the  crime  of  treason.  First,  by  bills  of  attain 
der.  Second,  by  judicial  attainder.  Third,  by 
statutes  of  the  realm  against  treason,  actual  and 
constructive.  Bills  of  attainder  were  acts  of 
Parliament,  which  declared  one  or  more  persons, 
whether  living  or  dead,  or  absent  beyond  seas, 
guilty  of  the  crime  of  actual  or  constructive 
treason.  Judicial  attainder  was  effected  in  the 
courts  of  law  by  process  issued  against  persons 
accused  of  treason,  whether  living  or  dead,  or 
absent  beyond  seas.  The  effect  of  attainder  by 
judicial  process  was  substantially  the  same  as 
that  of  attainder  by  act  of  Parliament,  in  effect 
ing  corruption  of  blood,  and  working  forfeiture 
of  estates  during  the  life  of  the  offender,  and 
after  he  was  dead. 

Persons  accused  of  treason  were  punishable 
under  statutes,  by  death  and  total  forfeiture  of 
estates  ;  but  no  one  could  be  convicted,  sen 
tenced,  and  punished  for  treason,  under  statutes, 
"  unless  during  his  life,"  that  is  to  say,  while 
alive,  nor  unless  he  had  received  a  trial  in  court, 
conducted  according  to  the  usual  forms  of  pro 
cedure. 

By  our  Constitution,  all  power  is  taken  from 
the  General  Government,  and  from  all  the  States, 
to  punish  treason  by  passing  any  bill  of  attain 
der,  as  is  shown  in  Chapter  IV. 

Congress  has  power  to  authorize  courts  to  pun 
ish  treason  by  judicial  attainder ;  but  the  Con 
stitution  has  limited  the  time  during  which  such 
process  may  be  applied,  and  its  effect,  in  these 
words : 

"  No  attainder  of  treason  shall  work  corrup 
tion  of  blood,  nor  forfeiture  of  estate,  except 
during  the  life  of  the  offender." 

These  provisions  apply  only  to  judicial  attain 
der,  and  not  to  punishments  of  treason  under 
ordinary  statutes  of  Congress,  which  provide  for 
no  attainder. 

The  constitutional  power  of  Congress  to  au 
thorize  proceedings  for  judicial  attainder  of  per 
sons  who  have  committed  treason,  has  not  been, 
thus  far,  carried  into  effect. 

No  process  of  attainder  of  treason  is  now 
known  in  our  municipal  law. 

To  guard  against  abuse,  under  which  our  fore 
fathers  in  England  suffered,  by  reason  of  unjust 
and  arbitrary  definitions  of  treason,  the  Consti 
tution  prescribes  certain  rules  for  the  definition, 
proof,  and  punishment  of  offences  under  statute 
law,  which  Congress  may  pass  for  the  punish 
ment  of  that  crime.  It  defines  treason  to  be  u  a 
levying  of  war  against  the  United  States,"  thus 
cutting  off  all  the  other  descriptions  of  treason 
known  to  the  English  law.  It  requires,  in  proof 
of  treason,  that  there  shall  be  two  witnesses  to 
each  overt  act  with  which  the  accused  is  charged. 
A  trial  by  jury  in  open  court,  and  in  the  pres- 


DOCUMENTS. 


711 


ence  of  witnesses,  is  secured,  but  when  one  is 
convicted  he  is  liable  to  such  punishment  as 
may  have  been  prescribed  by  the  statute,  and 
there  is  no  limit  in  the  Constitution  to  the  pen 
alty  which  Congress  may  provide. 

Thus  the  traitor  may  be  subjected  to  punish 
ment  by  death,  and  to  the  forfeiture  of  all  h>s 
estate,  or  to  fine  to  an  unlimited  amount.  The 
criminal,  however,  may  not  be,  and  by  existing 
laws  is  not,  attainted,  or  subject  to  any  of  the 
effects  of  attainder,  by  these  proceedings.  The 
limitations  of  the  Constitution  are  inapplicable 
to  statutes  which  do  not.  provide  for  attainder, 
but  only  for  penalties  of  death  and  confiscation. 

CHAPTER   V. 

EIGHT  OF  CONGRESS  TO  DECLARE  BY  STATUTE  THE 
PUNISHMENT  OF  TREASON,  AND  ITS  CONSTITU 
TIONAL  LIMITATIONS. 

TREASON. 

THE  highest  crime  known  to  the  law  is  treason. 
It  is  "  the  sum  of  all  villanies  ;"  its  agents  have 
been  branded  with  infamy  in  all  countries  where 
fidelity  and  justice  have  respect.  The  name  of 
one  who  betrays  his  friend  becomes  a  byword 
and  a  reproach.  How  much  deeper  are  the  guilt 
and  infamy  of  the  criminal  who  betrays  his 
country !  No  convict  in  our  State  prisons  can 
have  fallen  so  low  as  willingly  to  associate  with 
a  TRAITOR.  There  is  no  abyss  of  crime  so  dark, 
so  horrible,  as  that  to  which  the  traitor  has  de 
scended.  He  has  left  for  ever  behind  him  con 
science,  honor,  and  hope. 

ANCIENT      ENGLISH     DOCTRINE     OF     CONSTRUCTIVE 
TREASON. 

Treason,  as  defined  in  the  law  of  England,  at 
the  date  of  the  Constitution,  embraced  many  mis 
demeanors  which  are  not  now  held  to  be  crimes. 
Offences  of  a  political  character,  not  accompanied 
with  any  intention  to  subvert  the  Government ; 
mere  words  of  disrespect  to  the  ruling  sovereign  ; 
assaults  upon  the  king's  officers  at  certain  times 
and  places  ;  striking  one  of  the  judges  in  court ; 
and  many  other  acts  which  did  not  partake  of  the 
nature  of  treason,  were,  in  ancient  times,  declar 
ed  treason  by  Parliament,  or  so  construed  by 
judges,  as  to  constitute  that  crime.  Indeed, 
there  was  nothing  to  prevent  Parliament  from 
proclaiming  any  act  of  a  subject  to  be  treason, 
thereby  subjecting  him  to  all  its  terrible  penal 
ties.  The  doctrine  of  constructive  treason,  creat 
ed  by  servile  judges,  who  held  their  office  during 
the  pleasure  of  the  king,  was  used  by  them  in 
such  a  way  as  to  enable  the  sovereign  safely  to 
wreak  vengeance  upon  his  victims  under  the  guise 
of  judicial  condemnation.  If  the  king  sought  to 
destroy  a  rival,  the  judges  would  pronounce  him 
guilty  of  conttructive  treason ;  in  other  words, 
they  would  so  construe  the  acts  of  the  defendant 
as  to  make  them  treason.  Thus  the  king  could 
selfishly  outrage  every  principle  of  law  and  jus 
tice,  while  avoiding  responsibility.  No  man's 
life  or  property  was  safe.  The  wealthier  the 
citizen,  the  greater  was  his  apprehension  that 


the  king  would  seize  and  confiscate  his  estates. 
The  danger  lay  in  the  fact  that  the  nature  and 
extent  of  the  legal  crime  of  treason  was  indeter 
minate,  or  was  left  to  arbitrary  determination. 
The  power  to  define  treason,  to  declare  from  time 
to  time  who  should  be  deemed  in  law  to  be 
traitors,  was  in  its  nature  an  arbitrary  power. 
No  government  having  that  power  would  fail  to 
become  oppressive  in  times  of  excitement,  and 
especially  in  civil  war.  As  early  as  the  reign  of 
Edward  III.,  Parliament  put  an  end  to  these 
judge-made  treasons  by  declaring  and  defining 
all  the  different  acts  which  should  be  deemed 
treason  ;  and,  although  subsequent  statutes  have 
added  to  or  modified  the  law,  yet  treason  has  at 
all  times  since  that  reign  been  defined  by  statute. 

POWER    OF     CONGRESS     TO     DEFINE     AND     PUNISH 
TREASON    LIMITED. 

It  was  with  full  knowledge  of  the  history  of 
judicial  usurpation,  of  the  tyranny  of  exasperat 
ed  governments,  and  of  the  tendency  of  rival 
factions  in  republics  to  seek  revenge  on  each 
other,  that  the  convention  which  framed  the  Con 
stitution,  having  given  no  power  to  the  judiciary, 
like  that  possessed  by  English  judges,  to  make 
constructive  crimes,  introduced  several  provisions 
limiting  the  power  of  Congress  to  define  and 
punish  the  political  crime  of  treason,  as  well  as 
other  offences. 

The  various  clauses  in  the  Constitution  relat 
ing  to  this  subject,  in  order  to  a  clear  exposition 
of  their  meaning,  should  be  taken  together  as 
parts  of  our  system. 

ATTAINDER    AND    EX    POST    FACTO    LAWS. 

The  first  and  most  important  limitation  of  the 
power  of  Congress  is  found  in  Art.  I.  Sect.  9 : 
"  No  bill  of  attainder,  or  ex  post  facto  law,  shall 
be  passed."  By  prohibiting  bills  of  attainder,  no 
subject  could  be  made  a  criminal,  or  be  deprived 
of  life,  liberty,  or  property,  by  mere  act  of  leg-is- 
lation,  without  trial  or  conviction.  The  power 
to  enact  ex  post  facto  laws  having  been  with 
held,  Congress  could  not  pass  "a  statute  which 
would  render  an  act  punishable  in  a  manner  in 
which  it  was  not  punishable  when  it  was  com 
mitted."  No  man's  life  could  be  taken,  his  lib 
erty  abridged,  nor  his  estate,  nor  any  part  of  it, 
seized  for  an  act  which  had  not,  previously  to  the 
commission  thereof,  been  declared  by  some  law 
as  a  crime,  and  the  manner  and  extent  of  punish 
ment  prescribed.*  Hence  no  law  of  Congress 
can  make  that  deed  a  crime  which  was  not  so  be 
fore  the  deed  was  done.  Every  man  may  know 
what  are  the  laws  to  which  he  is  amenable  in 
time  of  peace  by  reading  the  statutes.  There 
can  be  no  retrospective  criminal  legislation  by 
any  State,  or  by  the  United  States. 

TREASON    DEFINED    BY    STATUTE. 

These  points  having  been  secured,  the  next 
step  was  to  define  the  CRIME  OF  TREASON.  Count 
less  difficulties  and  dangers  were  avoided  by  se 
lecting  from  the  English  statutes  one  crime  only, 

*  See  Fletcher  v.  Peck,  6  Cranch,  138; 


712 


REBELLION   RECORD,  1862-63. 


which  should  be  deemed  to  constitute  that  of 
fence. 

The  Constitution  provides  that,  "Treason 
against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort."  *  Hence 
many  acts  are  not  treasonable  which  were  so  con 
sidered  according  to  the  law  of  England,  and  of 
the  colonies  and  States  of  this  country.  Each 
State  still  retains  the  power  to  define  and  punish 
treason  against  itself  in  its  own  way. 

Nothing  but  overt  acts  are  treasonable  by  the 
laws  of  the  United  States ;  and  these  overt  acts 
must  be  overt  acts  of  war.f  These  acts  must  be 
proved  either  by  confession  in  open  court,  or  by 
two  witnesses  to  the  same  act.J  Our  ancestors 
took  care  that  no  one  should  be  convicted  of  this 
infamous  crime,  unless  his  guilt  is  made  certain. 
So  odious  was  the  offence  that  even  a  senator  or 
representative  could  be  arrested  on  suspicion  of 
it.§  All  civil  officers  were  to  be  removed  from 
office  on  impeachment  and  conviction  thereof.! 
And  a  person  charged  with  treason  against  a 
State,  and  fleeing  from  that  State  to  another,  was 
to  be  delivered  up,  on  demand,  to  the  State  hav 
ing  jurisdiction. IT  The  crime  being  defined,  and 
the  nature  of  the  testimony  to  establish  it  being 
prescribed,  and  conviction  being  possible  only  in 
*'  open  court,"  the  Constitution  then  provides — 
that  "  Congress  shall  have  power  to  declare  the 
punishment  of  treason,  but  no  attainder  of  trea 
son  shall  work  corruption  of  blood,  or  forfeiture, 
except  during  the  life  of  the  person  attainted."** 

CONGRESS     HAVE     UNLIMITED     POWER     TO     DECLARE 
THE    PUNISHMENT    OF    TREASON. 

By  this  article  the  Constitution  has  in  express 
terms  given  to  Congress  the  power  to  declare  the 
punishment  of  treason  ;  and  the  nature  and  ex 
tent  of  the  punishment  which  they  may  declare 
are  not  limited.  Congress  may  impose  the  pen 
alty  of  fine,  or  imprisonment,  or  outlawry,  or 
banishment,  or  forfeiture,  or  death,  or  of  death 
and  forfeiture  of  property,  personal  and  real. 
Congress  might  have  added  to  all  these  punish 
ments  the  more  terrible  penalty  which  followed, 
as  a  consequence  of  attainder  of  treason,  under 
the  law  of  England,  had  the  Constitution  not 
limited  the  effect  and  operation  of  that  species  of 
attainder. 

A    COMMON    ERROR. 

Some  writers  have  supposed  that  this  article  in 
the  Constitution,  which  qualifies  the  effect  of  an 
attainder  of  treason,  was  a  limitation  of  the 
power  of  Congress  to  declare  the  punishment  of 
treason.  This  is  an  error.  A  careful  examina 
tion  of  the  language  used  in  the  instrument  it 
self,  and  of  the  history  of  the  English  law  of  at 
tainder,  will  make  it  evident  that  the  framers  of 
the  Constitution,  in  drafting  Sect.  3,  of  Art.  III., 
did  not  design  to  restrain  Congress  from  declar 
ing  against  the  traitor  himself,  his  person  or  es- 


•  Art.  TIT.  Sect.  3. 
|  Art.  II.  Sect.  4. 
**  Ait.  III.  Sect.  3. 


t  Ibid.        J  Ibid.      §  Art.  I.  Sect.  6. 
^  Constitution,  Art.  IV.  Sect.  6. 


tate,  such  penalties  as  it  might  deem  sufficient 
to  atone  for  the  highest  of  crimes. 

Whenever  a  person  had  committed  high  treason 
in  England,  and  had  been  duly  indicted,  tried, 
and  convicted,  and  when  final  judgment  of  guilty, 
and  sentence  of  death  or  outlawry,  had  been  pro 
nounced  upon  him,  the  immediate  and  insepara 
ble  consequence,  by  common  law,  of  the  sentence 
of  death  or  outlawry  of  the  offender  for  treason, 
and  for  certain  other  felonies,  was  attainder. 
Attainder  means,  in  its  original  application,  the 
staining  or  corruption  of  the  blood  of  a  criminal 
who  was  in  the  contemplation  of  law  dead.  He 
then  became  "attinctus — stained,  blackened,  at 
tainted." 

CONSEQUENCES  OF  ATTAINDER. 

Certain  legal  results  followed  attainder,  among 
which  are  the  following :  The  convict  was  no 
longer  of  any  credit  or  reputation.  He  could  not 
be  a  witness  in  any  court.  He  was  not  capable 
of  performing  the  legal  functions  of  any  other 
man  ;  his  power  to  sell  or  transfer  his  lands  and 
personal  estate  ceased.  By  anticipation  of  his 
punishment  he  was  already  dead  in  law,*  except 
when  the  fiction  of  the  law  would  protect  him 
from  some  liability  to  others  which  he  had  the 
power  to  discharge.  It  is  true  that  the  attainted 
felon  could  not  be  murdered  with  impunity,  t  but 
the  law  preserved  his  physical  existence  only  to 
vindicate  its  own  majesty,  and  to  inflict  upon  the 
offender  an  ignominious  death. 

CORRUPTION    OF   BLOOD. 

Among  the  most  important  consequences  of 
attainder  of  felony,  were  those  resulting  from 
" corruption  of  Hood"  which  is  the  essence  of 
attainder.  J  Blackstone  says  :§ 

"Another  immediate  consequence  of  attainder  is 
the  corruption  of  blood,  both  upward  and  down 
ward  ;  so  that  an  attainted  person  can  neither  in 
herit  lands  or  other  hereditaments  from  his  an 
cestors,  nor  retain  those  he  is  already  in  posses 
sion  of,  nor  transmit  them  by  descent  to  any 
heir ;  but  the  same  shall  escheat  to  the  lord  of 
the  fee,  subject  to  the  king's  superior  right  of 
forfeiture ;  and  the  person  attainted  shall  also 
obstruct  all  descents  to  his  posterity  whenever 
they  are  obliged  to  derive  a  title  through  him,  to 
a  remote  ancestor." 

The  distinctions  between  escheat  and  forfeit 
ure  it  is  not  necessary  now  to  state, ||  because, 
whether  the  forfeiture  enured  to  the  benefit  of  the 
lord  or  of  the  king,  the  effect  was  the  same  upon 
the  estate  of  the  criminal. IT  By  this  legal  fiction 
of  corruption  of  blood,  the  offender  was  deprived 
of  all  his  estate,  personal  and  real ;  his  children 
or  other  heirs  could  not  inherit  any  thing  from 
him,  nor  through  him  from  any  of  his  ancestors. 
"  If  a  father  be  seized  in  fee,  and  the  son  com 
mits  treason  and  is  attainted,  and  then  the  father 
dies,  then  the  lands  shall  escheat  to  the  lord."** 

*  Inst.  213.  t  Foster,  78.  t  See  Co.  Litt.  891. 

§  4  Com.  b.  388.  [  See  Co.  Litt.  13. 

If  Co.  Litt.  p.  391.     Bla.  Com.  Vol.  II.  p.  254 
**  Co.  Litt.  p.  13. 


DOCUMENTS. 


713 


SAVAGE    CRUELTY    OF    ENGLISH    LAW. 

By  the  English  system  of  escheats  to  the  lord 
and  forfeitures  to  the  king,  the  innocent  relatives 
of  the  offender  were  punished,  upon  the  theory 
that  it  was  the  duty  of  every  family  to  secure 
the  loyalty  of  all  its  members  to  the  sovereign  ; 
and  upon  failure  to  do  so,  the  whole  family 
should  be  plunged  into  lasting  disgrace  and  pov 
erty.  A  punishment  which  might  continue  for 
twenty  generations  was  indeed  inhuman,  and 
received,  as  it  merited,  the  condemnation  of 
liberal  men  in  all  countries  ;*  but  aristocratic  in 
fluence  in  England  had  for  centuries  resisted  the 
absolute  and  final  abandonment  of  these  odious 
penalties.  The  framers  of  the  Constitution  have 
deprived  Congress  of  the  power  of  passing  bills 
of  attainder.  They  might  have  provided  that  no 
person  convicted  of  treason  should  be  held  to  be 
attainted,  or  be  liable  to  suffer  any  of  the  common 
law  penalties  which  resulted  from  attainder,  but 
only  such  penalties  as  Congress  should  prescribe 
by  statute.  They  have,  however,  not  in  terms, 
abolished  attainders,  but  have  modified  their  ef 
fect,  by  declaring  that  attainder  shall  not  work 
corruption  of  blood. 

FORFEITURES. 

By  the  law  of  England,  forfeiture  of  estates 
was  also  one  of  the  necessary  legal  consequences 
of  attainder  of  felony.  Real  estate  was  forfeited 
upon  attainder,  personal  estate  upon  conviction 
before  attainder.  By  these  forfeitures  all  the 
property,  rights,  and  claims,  of  every  name  and 
nature,  went  to  the  lord  or  the  king.  But  for 
feiture  of  lands  related  back  to  the  time  when 
the  felony  was  committed,  so  as  to  avoid  all  sub 
sequent  sales  and  encumbrances,  but  forfeiture 
.of  goods  took  effect  at  the  date  of  conviction,  so 
that  sales  of  personal  property,  prior  to  that  time, 
were  valid,  unless  collusive.!  The  estates  thus 
forfeited  were  not  mere  estates  for  life,  but  the 
whole  interest  of  the  felon,  whatever  it  might  be. 
Thus  forfeiture  of  property  was  a  consequence 
of  attainder  ;  attainder  was  a  consequence  of  the 
sentence  of  death  or  outlawry  ;  and  these  penal 
consequences  of  attainder  were  over  and  above, 
and  in  addition  to,  the  penalties  expressed  in  the 
terms  of  the  judgment  and  sentence  of  the  court.\ 
The  punishment,  and  in  many  instances  the  only 
punishment,  to  which  the  sentence  of  the  court 
condemned  the  prisoner  was  death  or  outlawry. 
The  disabilities  which  resulted  from  that  sentence 
were  like  the  disabilities  which  in  other  cases  re 
sult  from  the  sentence  of  a  criminal  for  infamous 
crimes.  Disability  to  testify  in  courts,  or  to 
hold  offices  of  trust  and  honor,  sometimes  fol 
lows,  not  as  part  of  the  punishment  prescribed  for 
the  offence,  but  as  a  consequence  of  the  condition 
to  which  the  criminal  has  reduced  himself. 

There  is  a  clear  distinction  between  the  punish 
ment,  of  treason  by  specific  penalties  and  those 

*  See  4  Bla.  Com.  p.  888. 

t  See  Stat.  13  Eliz.  ch.  5 ;  2  B.  and  A.  258 ;  2  Hawkins's  P.  C. 
454;  3  Ins.  232;  4  Bla.  387;  Co.  Litt.  391,  b. 

\  See  2  Greenleaf  s  Cruise  on  Real  Property,  p.  145,  and  not*  ; 
2  Kent,  3s>6  ;  1  Greenleaf' s  Cruise,  p.  71,  sect.  1,  and  note. 


consequential  damages  and  injuries  which  follow 
by  common  law  as  the  result  or  technical  effect 
of  a  sentence  of  death  or  outlawry  for  treason, 
namely,  attainder  of  treason,  and  corruption  of 
blood  and  forfeiture  of  estates.*  To  set  this  sub 
ject  in  a  clearer  light,  the  learned  reader  will  re 
collect  that  there  were  different  kinds  of  attainder : 
1.  Attainders  in  a prcemunire ;  in  which,  "from 
the  conviction,  the  defendant  shall  be  out  of  the 
king's  protection,  his  lands,  tenements,  goods, 
and  chattels  forfeited  to  the  king,  and  his  body 
remain  in  prison  during  the  king's  pleasure,  or 
during  life."t  But  the  offences  punishable  under 
the  statutes  of  praemunire  were  not  felonies,  for 
the  latter  are  punishable  only  by  common  law, 
and  not  by  statute.]:  2.  Attainder  by  MIL  3. 
Attainders  of  FELONY  and  treason  ;  and  the  im 
portant  distinction  between  attainders  in  treason 
and  attainders  in  praemunire  is  this  ;  that  in  the 
former  the  forfeitures  are  consequences  of  the 
judgment,  in  the  latter  they  are  part  of  the  judg 
ment  and  penalty.  Blackstone§  recognizes  fully 
this  distinction.  "  I  here  omit  the  particular 
forfeitures  created  by  the  statutes  of  praemunire 
and  others,  because  I  look  upon  them  rather  as  a 
part  of  the  judgment  and  penalty  inflicted  by  the 
respective  statutes,  than  as  consequences  of  such 
judgment,  as  in  treason  and  felony  they  are." 
Lord  Coke  expresses  the  same  opinion.!  And 
statutes  of  praarnunire  and  attainders  of  treason 
are  both  different  in  law  from  bills  of  pains  and 
penalties;  of  which  English  history  affords, 
among  many  other  examples,  that  against  the 
Bishop  of  Rochester  ;1T  in  the  latter  the  pains  and 
penalties  are  all  expressly  declared  by  statute, 
and  not  left  as  consequences  of  judgment.  That 
clause  in  the  Constitution  which  gives  power  to 
Congress  to  make  laws  for  the  punishment  of 
treason,  limits  and  qualifies  the  effect  of  attainder 
of  treason,  in  case  such  attainder  should  be 
deemed  by  the  courts  as  a  legal  consequence  of 
such  sentence  as  the  statute  requires  the  court 
to  impose  on  traitors.  This  limitation  applies,  in 
terms,  only  to  the  effect  of  attainders  of  treason. 

CHARACTERISTICS    OF    ATTAINDER    OF    TREASON. 

There  is  no  attainder  of  treason  known  to  the 
law  of  England,  unless,  1.  The  judgment  of  death 
or  outlawry  has  been  pronounced  against  the 

*  There  is  a  provision  in  the  new  Constitution  of  Maryland 
(1851,)  that  "  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate."  (Decl.  of  Rights,  Art.  24.)  The  Con 
stitution  of  Ohio  (1351)  contains  the  same  words  in  the  12th  sect, 
of  the  Decl.  of  Rights.  The  Constitutions  of  Kentucky,  Delaware, 
and  Pennsylvania  declare  that  attainder  of  treason  shall  not 
work  forfeiture  beyond  the  lifetime  of  the  offender.  In  Alabama, 
Connecticut,  Indiana,  Illinois,  Maine,  Missouri.  New-Jersey, 
Rhode  Island,  and  Tennessee,  all  forfeitures  for  crime  are  abol 
ished,  either  by  statutes  or  constitutions. 

"  In  New-Hampshire,  Massachusetts,  Virginia,  Georgia, 
Michigan,  Mississippi,  and  Arkansas,  there  are  statutes  provid 
ing  specifically  for  the  punishment  of  treason  and  felonies  ;  but 
no  mention  is  made  of  corruption  of  blood  or  forfeiture  of  estate ; 
and  inasmuch  as  these  offences  are  explicitly  legislated  upon, 
and  a  particular  punishment  provided  in  each  case,  it  may  be 
gravely  doubted  whether  the  additional  common  law  punish 
ment  of  forfeiture  of  estate  ought  not  to  be  considered  as  repeal 
ed  by  implication."  1  Greenleaf 's  Cruise  Dig.  196,  note. 

1 1  Inst.  129  ;  3  Bla.  p.  118  ;  and  for  the  severity  of  the  penafc 
ties,  see  1  Hawk.  P.  C  55. 

$4  Bla.  US.         §4  Com,  p.  8S6.          I  Co.  Litt.  391,  b. 

1  Stat.  9  Geo.  I.  ch.  IT. 


REBELLION  RECORD,  1862-63 


traitor.*  2.  Where  the  crime  was  a  felony,  and 
punishable  according  to  common  law  ;t  and,  3. 
Where  the  attainder  was  a  consequence  of  the 
judgment,  and  not  part  of  the  judgment  and 
penalty.!  Congress  may  pass  a  law  condemning 
every  traitor  to  death,  and  to  the  consequential 
punishment  of  "attainder;"  but  such  attainder 
will  not  of  itself  operate  to  corrupt  blood  or  forfeit 
estate,  except  during  the  life  of  the  offender. 
But  unless  Congress  pass  a  law  expressly  at 
tainting  the  criminal  of  treason,  there  is  not,  under 
the  laws  of  the  United  States,  any  "attainder." 
The  criminal  laws  of  the  United  States  are  all 
embraced  in  specific  statutes,  defining  crimes  and 
all  their  penalties.  No  consequential  penalties 
of  this  character  are  known  to  this  law.  And  if 
a  person  is  convicted  and  sentenced  to  death  for 
treason,  there  can  be  no  corruption  of  blood,  nor 
forfeiture  of  estate  except  by  express  terms  of 
the  statute.  The  leading  principles  of  the  Con 
stitution  forbid  the  making  of  laws  which  should 
leave  the  penalty  of  crime  to  be  determined  by 
ancient  or  antiquated  common  law  proceedings 
of  English  courts.  Forfeiture  of  estate,  by  ex 
press  terms  of  statute,  may  be  in  the  nature  of 
forfeiture  by  a  bill  of  pains  and  penalties,  or  prae- 
munire,  but  is  not  forfeiture  by  attainder ;  nor 
is  it  such  forfeiture  as  is  within  the  sense  of  the 
Constitution,  which  limits  the  operation  of  at 
tainders  of  treason.  This  distinction  was  well 
known  to  the  framers  of  the  Constitution.  They 
thought  it  best  to  guard  against  the  danger  of 
those  constructive  and  consequential  punish 
ments,  giving  full  power  to  Congress,  in  plain 
terms,  to  prescribe  by  statute  what  punishment 
they  should  select ;  but  in  case  of  resort  to  at 
tainder  of  treason,  as  one  of  those  punishments, 
that  form  of  punishment  should  not  be  so  con 
strued  as,  ex  m  termini,  to  corrupt  blood  nor 
forfeit  estate  except  during  the  life  of  the  person 
attainted. 

TECHNICAL    LANGUAGE     TO    BE    CONSTRUED     TECHNI 
CALLY. 

The  language  of  the  Constitution  is  peculiar  ; 
it  is  technical ;  and  it  shows  on  the  face  of  it  an 
intention  to  limit  the  technical  operation  of  at 
tainders,  not  to  limit  the  scope  or  extent  of  legis 
lative  penalties.  If  the  authors  of  the  Constitu 
tion  meant  to  say  that  Congress  should  pass  no 
law  punishing  treason  by  attainder,  or  by  its 
consequences,  namely,  forfeiture  of  estate,  or  cor 
ruption  of  blood,  they  would,  in  plain  terms, 
have  said  so  ;  and  there  would  have  been  an  end 
to  the  penalties  of  attainder,  as  there  was  an  end 
to  bills  of  attainder.  Instead  of  saying,  "  Con 
gress  shall  have  power  to  declare  the  punishment 
of  treason,  but  shall  not  impose  the  penalties  of 
attainder  upon  the  offender,"  they  said,  "  Con 
gress  shall  have  power  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted." 

This   phraseology  has   reference   only  to   the 

*  4  Bla.  337.     t  4  Bla.  38T.      $  Ib. ;  Co.  Litt.  391,  b. ;  4  Bla.  386. 


technical  effect  of  attainder.  The  "  working  of 
forfeitures  "  is  a  phrase  used  by  lawyers  to  show 
the  legal  result  or  effect  which  arises  from  a  cer 
tain  state  of  facts.  If  a  traitor  is  convicted,  judg 
ment  of  death  is  passed  upon  him  ;  by  that  judg 
ment  he  becomes  attainted.  Attainder  works 
forfeitures  and  corruption  of  blood ;  forfeitures 
and  corruption  of  blood  are,  in  the  ordinary 
course  of  common  law,  followed  by  certain  re 
sults  to  his  rights  of  property.  But  the  Consti 
tution  provides,  if  the  traitor  is  attainted,  that 
attainder  shall  not,  ex  m  termini,  and  of  its  own 
force,  and  without  statute  to  that  effect,  u  work" 
forfeiture  or  corruption  of  blood.  The  convict 
may  still  retain  all  those  civil  rights  of  which  he 
has  not  been  deprived  by  the  strict  terms  of  the 
statute,  which  shall  declare  the  punishment  of 
treason. 

The  punishment  of  treason,  by  the  statute  of 
the  United  States,  of  April  thirtieth,  1790,  is 
death,  and  nothing  more.  Can  any  case  be 
found,  since  the  statute  was  enacted,  in  which  a 
party  convicted  and  adjudged  guilty  of  treason 
and  sentenced  to  death,  has  been  held  to  be  "  at 
tainted  "  of  treason,  so  that  the  attainder  has 
worked  forfeiture  of  any  of  his  estate,  real  or  per 
sonal  ?  Would  not  any  lawyer  feel  astonish 
ment,  if  a  court  of  the  United  States,  having  sen 
tenced  a  traitor  to  death,  under  the  law  of  1 790, 
should  announce  as  a  further  penalty  the  forfeit 
ure  of  the  real  and  personal  estate  of  the  offend 
er,  "  worked  "  by  the  attainder  of  felony,  not 
withstanding  no  such  penalty  is  mentioned  in 
that  statute  ? 

If  Congress  should  pass  an  act  punishing  a 
traitor  by  a  fine  of  five  dollars  and  imprisonment 
for  five  years,  who  would  not  feel  amazed  to 
learn  that,  by  the  English  doctrine  of  forfeitures,  4 
worked  by  attainders,  by  operation  of  law,  the' 
criminal  might  be  stripped  of  property  worth 
thousands  of  dollars,  over  and  above  the  penalty 
prescribed  by  statute  ? 

TRUE  MEANING    OF    ART.    III.   SECT.    III.    CL.     II. 

The  Constitution  means,  that  if  traitors  shall 
be  attainted,  unlimited  forfeitures  and  corruption 
of  blood  shall  not  be  worked  by  attainders.  It 
means  to  leave  untrammelled  the  power  of  Con 
gress  to  cause  traitors  to  be  attainted  or  other 
wise  ;  but  if  attainted,  Congress  must  provide  by 
statute  for  the  attainder ;  and  the  Constitution 
settles  how  far  that  attainder  shall  operate  con 
stitutionally  ;  and  when  the  legislature  has 
awarded  one  punishment  for  treason,  the  court 
shall  not  evoke  the  doctrine  of  forfeitures  worked 
by  attainder,  and  thus,  by  technical  implication, 
add  punishments  not  specifically  set  down  in  the 
penal  statute  itself;  or,  if  this  implification  exist, 
the  results  of  the  technical  effect  of  attainder 
shall  not  be  corruption  of  blood,  or  forfeiture,  ex 
cept  during  the  life  of  the  offender.  The  third 
article  does  not  limit  the  power  of  Congress  to 
punish,  but  it  limits  the  technical  consequences 
of  a  special  kind  of  punishment,  which  may  or 
may  not  be  adopted  in  the  statutes. 

From  the  foregoing  remarks  it  is  obvious  that 


DOCUMENTS. 


no  person  is  attainted  of  treason,  in  the  technical 
sense,  who  is  convicted  under  the  United  States 
act  of  1790.  There  can  be  no  attainder  of  trea 
son,  within  the  meaning  of  the  Constitution,  un 
less  there  be,  first,  a  judgment  of  death,  or  out 
lawry  ;  second,  a  penalty  of  attainder  by  express 
terms  of  the  statute.  A  mere  conviction  of  trea 
son  and  sentence  of  death,  or  outlawry,  and  for 
feitures  of  real  and  personal  estate,  do  not  con 
stitute  an  attainder  in  form,  in  substance,  nor  in 
effect,  when  made  under  any  of  the  present  stat 
utes  of  the  United  States. 

IF     CONGRESS     MAY    IMPOSE     FINES,    WHY    NOT     FOR 
FEITURES  ? 

No  one  doubts  the  power  of  Congress  to  make 
treason  punishable  with  death,  or  by  fines  to  any 
amount  whatever.  Nor  would  any  reasonable 
person  deem  any  fine  too  large  to  atone  for  the 
crime  of  involving  one's  own  country  in  civil 
war.  If  the  Constitution  placed  in  Congress  the 
power  to  take  life,  and  to  take  property  of  the  of 
fender  in  one  form,  why  should  it  deny  the  pow 
er  to  take  property  in  any  other  form  ?  If  the 
framers  of  the  Constitution  were  willing  that  a 
traitor  should  forfeit  his  life,  how  could  they 
have  intended  to  shelter  his  property  ?  Was 
property,  in  their  opinion,  more  sacred  than  life  ? 
Would  all  the  property  of  rebels,  forfeited  to  the 
treasury  of  the  country,  repair  the  injury  of  civil 
war  ? 


FORFEITURES  NOT  LIMITED  TO  LIFE  ESTATES. 

Could  the  lawyers  who  drafted  the  Constitu 
tion  have  intended  to  limit  the  pecuniary  punish 
ment  of  forfeitures  to  a  life  interest  in  personal 
estate,  when  every  lawer  in  the  convention  must 
have  known  that  at  common  law  there  was  no 
such  thing  as  a  life  estate  in  personal  property  ? 
Knowing  this,  did  they  mean  to  protect  traitors, 
under  all  circumstances,  in  the  enjoyment  of  per 
sonal  property  ?  If  so,  why  did  they  not  say  so  ? 
If  they  meant  to  prevent  Congress  from  passing 
any  law  that  should  deprive  traitors  of  more  than 
a  life  estate  in  real  estate,  the  result  would  be, 
that  the  criminal  would  lose  only  the  enjoyment 
of  his  lands  for  a  few  days  or  weeks,  from  the 
date  of  the  judgment  to  the  date  of  his  execution, 
and  then  his  lands  would  go  to  his  heirs.  Thus 
it  is  evident,  that  if  the  Constitution  cuts  off  the 
power  of  Congress  to  punish  treason,  and  limits 
it  to  such  forfeitures  as  are  the  consequence  of 
attainder,  and  then  cuts  off  from  attainder  its 
penal  consequences  of  corruption  of  blood  and 
forfeiture  of  estate,  except  during  the  life  of  the 
offender,  then  the  framers  of  that  instrument 
have  effectually  protected  the  personal  and  real 
estate  of  traitors,  and  have  taken  more  care  to 
secure  them  from  the  consequences  of  their 
crime  than  any  other  class  of  citizens.  If  so, 
they  have  authorized  far  more  severity  against 
many  other  felons  than  against  them.  If  such 
were  the  purpose  of  the  authors  of  the  Constitu 
tion,  they  would  have  taken  direct  and  plain 
language  to  say  what  they  meant.  They  would 
have  said :  "  Congress  may  punish  treason,  but 


shall  not  deprive  traitors  of  real  or  personal  prop 
erty,  except  for  the  time  which  may  elapse  be 
tween  sentence  of  death  and  execution."  Instead 
of  such  a  provision,  they  gave  full  power  to  pun 
ish  treason,  including  fines,  absolute  forfeitures, 
death,  and  attainder,  only  limiting  the  technical 
effect  of  the  last-mentioned  penalty,  if  that  form 
of  punishment  should  be  adopted  ;  and  Congress 
has  the  power,  under  the  Constitution,  to  declare 
as  the  penalty  for  treason,  the  forfeiture  of  all 
the  real  and  personal  estate  of  the  offender,  and 
is  not  limited,  as  has  been  supposed  by  some,  to 
a  forfeiture  of  real  estate  for  life  only.* 

CHAPTER  VI. 

STATUTES     AGAINST    TREASON.         WHAT   THEY     ARE, 
AND    HOW    THEY   ARE    TO    BE    ADMINISTERED. 

THE  United  States  statute  of  April  thirtieth, 
1790,  provides  that— 

"  If  any  person  or  persons,  owing  allegiance  to 
the  United  States  of  America,  shall  levy  war 
against  them,  or  shall  adhere  to  their  enemies, 

fiving  them  aid  and  comfort,  within  the  United 
tates  or  elsewhere,  and  shall  be  thereof  convict 
ed,  on  confession  in  open  court,  or  on  the  testi 
mony  of  two  witnesses  to  the  same  overt  act  of 
the  treason  whereof  he  or  they  shall  stand  indicted, 
such  person  or  persons  shall  be  adjudged  guilty 
of  treason  against  the  United  States,  and  shall 
suffer  death" 

Concealment  of  knowledge  of  treason  (mis- 
prision  of  treason)  is,  by  the  same  act,  punished 
by  fine  not  exceeding  one  thousand  dollars,  and 
imprisonment  not  exceeding  seven  years.  By 
the  statute  of  January  30th,  1799,  corresponding 
with  foreign  governments,  or  with  any  officer  or 
agent  thereof,  with  intent  to  influence  their  con 
troversies  with  the  United  States,  or  to  defeat 
the  measures  of  this  government,  is  declared  to 
be  a  high  misdemeanor,  though  not  called  trea 
son,  and  is  punishable  by  fine  not  exceeding  five 
thousand  dollars,  and  imprisonment  during  a 
term  not  less  than  six  months,  nor  exceeding 
three  years.  So  the  law  has  stood  during  this 
century,  until  the  breaking  out  of  the  present  re 
bellion. 

The  chief  provisions  of  the  law  passed  at  the 
last  session  of  Congress,  and  approved  July  sev 
enteenth,  1862,  chap.  195,  are  these: 

Section  1.  Persons  committing  treason  shall 
suffer  one  of  two  punishments:  1.  Either  death, 
and  freedom  to  his  slaves ;  or,  2.  Imprisonment 
not  less  than  five  years,  fine  not  less  than  ten 
thousand  dollars,  and  freedom  of  slaves  ;  the  fine 
to  be  collected  out  of  any  personal  or  real  estate 
except  slaves. 

Sect.  2.  Inciting  rebellion,  or  engaging  in  it,  or 

*  Since  the  publication  of  this  work,  it  has  been  decided  by 
Underwood,  J.,  in  the  Eastern  District  Court  of  the  United 
States  for  Virginia,  in  the  case  of  the  United  States  v.  Latham, 
first,  that  the  Confiscation  Act  above  cited  is  authorized  by 
the  Constitution  ;  second,  that  by  the  terms  of  that  Act,  (dated 
July  seventeenth,  1S62,  ch.  195,)  as  modified  by  the  joint  resolu 
tion  of  July  twenty-seventh,  1862,  (No.  63,)  the  punishment  of 
treason  is  not  limited  to  forfeiture  of  the  life  estate  of  the  of 
fender,  and  is  not  required  to  be  so  limited  by  the  Constitution; 
but  the  forfeiture  extends  to  the  entire  estate  in  fee  simple. 


716 


REBELLION  RECORD,  1862-63. 


aiding  those  who  do  so,  is  punishable  by  impris 
onment  not  more  than  ten  years,  fine  not  more 
than  ten  thousand  dollars,  and  liberation  of 
slaves. 

Sect.  3  disqualifies  convicts,  under  the  preced 
ing  sections,  from  holding  office  under  the  United 
States. 

Sect.  4  provides  that  former  laws  against 
treason  shall  not  be  suspended  as  against  any 
traitor,  unless  he  shall  have  been  convicted  un 
der  this  act. 

Sect.  5  makes  it  the  duty  of  the  President  to 
cause  the  seizure  of  all  the  property,  real  and 
personal,  of  several  classes  of  persons,  and  to  ap 
ply  the  same  to  the  support  of  the  army,  namely  : 
1.  Rebel  army  and  navy  officers ;  2.  Govern 
ment  officers  of  confederate  States  in  their  na 
tional  capacity ;  3.  Confederate  State  officers  ; 

4.  United  States  officers  turned  traitor  officers ; 

5.  Any  one  holding  any  office   or   agency,  na 
tional.  State,  or  municipal,  under  the  rebel  gov 
ernment,  provided  persons  enumerated  in  classes 
3,  4,  and  5  have  accepted  office  since  secession 
of  the  State,  or  have  taken  oath  of  allegiance  to 
support  the  confederate  States  ;    6.  Persons  who, 
owning  property  in  loyal  States,  in  the  territories, 
or  in  the  District  of  Columbia,   shall  hereafter 
assist,  aid,  or  comfort  such  rebellion.     All  trans 
fers  of  property  so  owned  shall  be  null,  and  suits 
for  it  by  such  persons  shall  be  barred  by  proving 
that  they  are  within  the  terms  of  this  act. 

Sect.  6.  Any  persons  within  the  United  States, 
not  above  named,  who  are  engaged  in  armed  re 
bellion,  or  aiding  and  abetting  it,  who  shall  not, 
within  sixty  days  after  proclamation  by  the 
President,  "cease  to  aid,  countenance,  and  abet 
said  rebellion,"  shall  be  liable  to  have  all  their 
property,  personal  and  real,  seized  by  the  Presi 
dent,  whose  duty  it  shall  be  to  seize  and  use  it, 
or  the  proceeds  thereof.  All  transfers  of  such 
property,  made  more  than  sixty  days  after  the 
proclamation,  are  declared  null. 

Sect.  7.  To  secure  the  condemnation  and  sale 
of  seized  property,  so  as  to  make  it  available, 
proceedings  in  rem  shall  be  instituted  in  the 
name  of  the  United  States,  in  any  District  Court 
thereof,  or  in  any  territorial  court,  or  in  the 
United  States  District  Court  for  the  District  of 
Columbia,  within  which  district  or  territory,  the 
property,  or  any  part  of  it,  may  be  found,  or 
into  which,  if  movable,  it  may  first  be  brought. 
Proceedings  are  to  conform  to  those  in  admiralty 
or  revenue  cases.  Condemnation  shall  be  as  of 
enemy's  property,  and  it  shall  belong  to  the 
United  States ;  the  proceeds  thereof  to  be  paid 
into  the  treasury. 

Sect.  8.  Proper  powers  are  given  to  the  courts 
to  carry  the  above  proceedings  into  effect,  and  to 
establish  legal  forms  and  processes  and  modes 
of  transferring  condemned  property. 

Sect.  9.  Slaves  of  rebels,  or  of  those  aiding 
them,  escaping  and  taking  refuge  within  the  lines 
of  our  army  ;  slaves  captured  from  them  ;  slaves 
deserted  by  them,  and  coming  under  the  control 
of  the  United  States  Government;  slaves  found 
in  places  occupied  by  rebel  forces,  and  afterward 


occupied  by  the  United  States  army,  shall  be 
deemed  captives  of  war,  and  shall  be  for  ever 
free. 

Sect.  10.  No  fugitive  slave  shall  be  returned  to 
a  person  claiming  him,  nor  restrained  of  his  lib 
erty,  except  for  crime,  or  offence  against  law,  un 
less  the  claimant  swears  that  the  person  claiming 
the  slave  is  his  lawful  owner,  has  not  joined  the 
rebellion,  nor  given  aid  to  it.  No  officer  or 
soldier  of  the  United  States  shall  surrender  fugi 
tive  slaves. 

Sect.  11.  The  President  may  employ,  organize, 
and  use  as  many  persons  of  African  descent  as 
he  pleases  to  suppress  the  rebellion,  and  use 
them  as  he  judges  for  the  public  welfare. 

Sect.  12.  The  President  may  make  provisions 
for  colonizing  such  persons  as  may  choose  to 
emigrate,  after  they  shall  have  been  freed  by  this 
act. 

Sect.  13.  The  President  is  authorized  by  pro 
clamation  to  pardon  any  persons  engaged  in  the 
rebellion,  on  such  terms  as  he  deems  expedient. 

Sect.  14.  Courts  of  the  United  States  have  full 
powers  to  institute  proceedings,  make  orders,  etc., 
to  carry  the  foregoing  measures  into  effect. 

A  resolution,  explanatory  of  the  above  act,  de 
clares  that  the  statute  punishes  no  act  done  prior 
to  its  passage ;  and  no  judge  or  member  of  a 
State  legislature,  who  has  not  taken  the  oath  of 
allegiance  to  support  the  constitution  of  the  con 
federate  States ;  nor  shall  any  punishment  or 
proceedings  be  so  construed  as  to  "  work  forfeit 
ure  of  the  real  estate  of  the  offender  beyond  his 
natural  life." 

The  President's  proclamation,  in  accordance 
with  the  above  act,  was  issued  July  twenty-fifth, 
1862.  Thus  all  persons  engaged  in  the  rebellion, 
who  come  within  the  provisions  of  the  sixth  sec 
tion,  will  be  liable  to  the  penalties  after  sixty 
days  from  July  twenty-fifth.  This  is  one  of  the 
most  important  penal  acts  ever  passed  by  the 
Congress  of  the  United  States. 

THE     CONFISCATION     ACT     OF    1862    IS     NOT     A    BILL 
OF    ATTAINDER,    NOR    AN    EX    POST    FACTO   LAW. 

This  act  is  not  a  Mil  of  attainder,  because  it 
does  not  punish  the  offender  in  any  instance  with 
corruption  of  blood,  and  it  does  not  declare  him, 
ly  act  of  legislature,  guilty  of  treason,  inasmuch 
as  the  offender's  guilt  must  be  duly  proved  and 
established  by  judicial  proceedings  before  he  can 
be  sentenced.  It  is  not  an  ex,  post  facto  law,  as 
it  declares  no  act  committed  prior  to  the  time 
when  the  law  goes  into  operation  to  be  a  crime, 
or  to  be  punishable  as  such.  It  provides  for  no 
attainder  of  treason,  and  therefore  for  none  of 
the  penal  consequences  which  might  otherwise 
have  followed  from  such  attainder. 

The  resolution,  which  is  to  be  taken  as  part 
of  the  act,  or  as  explanatory  of  it,  expressly  pro 
vides  that  no  punishment  or  proceedings  under 
said  act  shall  be  so  construed  as  to  work  a  forfeit 
ure  of  the  real  estate  of  the  offender  beyond  his 
natural  life.  Thus,  to  prevent  our  courts  from 
construing  the  sentence  of  death,  under  Sect.  1, 
as  involving  an  attainder  of  treason,  and  its  coa- 


DOCUMENTS. 


sequences,  Congress  has,  in  express  terms,  pro 
vided  that  no  punishment  or  proceeding  shall  be 
so  construed  as  to  work  forfeiture,  as  above 
stated.  Thus  this  statute  limits  the  constructive 
penalties  which  result  from  forfeitures  worked  by 
attainders,  and  perhaps  may  be  so  construed  as 
to  confine  the  punishments  to  those,  and  those 
only,  which  are  prescribed  in  the  plain  terms  of 
the  statute.  And  this  limitation  is  in  accordance 
with  the  Constitution,  as  understood  by  the 
President,  although  the  forfeiture  of  rebels'  real 
estate  might  have  been  made  absolute  and  un 
limited,  without  exceeding  the  constitutional 
power  of  Congress  to  punish  treason.* 

CHAPTER  VII. 

THE  RIGHT  OF  CONGRESS  TO  DECLARE  THE  PUNISH 
MENT  OF  CRIMES  AGAINST  THE  UNITED  STATES 
OTHER  THAN  TREASON. 

THE      NEW      CRIMES     OF     REBELLION    REQUIRE     NEW 
PENAL    LAWS. 

SEVERAL  crimes  maybe  committed  not  denned 
as  treason  in  the  Constitution,  but  not  less  dan 
gerous  to  the  public  welfare.  The  prevention  or 
punishment  of  such  offences  is  essential  to  the 
safety  of  every  form  of  government  ;  and  the 
power  of  Congress  to  impose  penalties  in  such 
cases  cannot  be  reasonably  questioned.  The 
rights  guaranteed  in  express  terms  to  private 
citizens  cannot  be  maintained,  nor  be  made  se 
cure,  without  such  penal  legislation  ;  and,  ac 
cordingly,  Congress  has,  from  time  to  time,  pass 
ed  laws  for  this  purpose.  The  present  rebellion 
has  given  birth  to  a  host  of  crimes  which  were 
not  previously  punishable  by  any  law.  Among 
these  crimes  are  the  following  :  Accepting  or 
holding  civil  offices  under  the  confederate  Govern 
ment  ;  violating  the  oath  of  allegiance  to  the 
United  States  ;  taking  an  oath  of  allegiance  to 
the  confederate  States;  manufacturing,  passing, 
or  circulating  a  new  and  illegal  currency  ;  ac 
knowledging  and  obeying  the  authority  of  a 
seceded  State,  or  of  the  confederate  States ;  neg 
lecting  or  refusing  to  return  to  allegiance,  and  to 
lay  down  arms  after  due  warning ;  attempting  to 
negotiate  treaties  with  foreign  powers  to  inter 
vene  in  our  affairs  ;  granting  or  taking  letters  of 
marque  ;  conspiracy  against  the  lawful  Govern 
ment  ;  holding  public  meetings  to  incite  the  peo 
ple  to  the  commission  of  treason ;  plotting  trea 
son  ;  framing  and  passing  ordinances  of  seces 
sion  ;  organizing  and  forming  new  governments 
within  any  of  the  States,  with  the  intent  that 
they  shall  become  independent  of  the  United 
States,  and  hostile  thereto  ;  the  making  of  trea 
ties  between  the  several  States;  refusal  to  take 
the  oath  of  allegiance  to  the  United  States,  when 
tendered  by  proper  authority  ;  resistance  to  civil 
process,  or  to  civil  officers  of  the  United  States, 
when  such  resistance  is  not  so  general  as  to  con 
stitute  war.  Each  of  these,  and  many  other 
public  wrongs,  may  be  so  committed  as  to  avoid 
the  penalty  of  treason,  because  they  may  not  be 

*  See  note  to  page  715  ante.  ^ 


overt  acts  of  levying  war,  or  of  aiding  and  com 
forting  the  enemy,  which  the  offender  must  have 
committed  before  he  can  have  rendered  himself 
liable  to  be  punished  for  treason  as  denned  in  the 
Constitution.  These  and  other  similar  offerres 
are  perpetrated  for  the  purpose  of  overthrowing 
Government.  Civil  war  must  inevitably  result 
from  them.  They  might  be  deemed  less  heinous 
than  open  rebellion,  if  it  were  not  certain  that 
they  are  the  fountain  from  which  the  streams  of 
treason  and  civil  war  must  flow,  sweeping  the 
innocent  and  the  guilty  with  resistless  tide  on 
ward  to  inevitable  destruction. 

ALL  ATTEMPTS  TO  OVERTURN  GOVERNMENT  SHOULD 
BE  PUNISHED. 

Of  the  many  atrocious  misdeeds  which  are 
preliminary  to  or  contemporaneous  with  treason, 
each  and  all  may  be  and  should  be  punishable 
by  law.  It  is  by  no  means  desirable  that  the 
punishment  of  all  of  them  should  be  by  death, 
but  rather  by  that  penalty  which,  depriving  the 
criminal  of  the  means  of  doing  harm,  will  dis 
grace  him  in  the  community  he  has  dishonored. 
Imprisonments,  fines,  forfeitures,  confiscation, 
are  the  proper  punishments  for  such  hardened 
criminals,  because  imprisonment  is  a  personal 
punishment,  and  fines,  forfeitures,  etc.,  merely 
transfer  the  property  of  the  offender  to  the  pub 
lic,  as  a  partial  indemnity  for  the  wrong  he  has 
committed. 

When  the  terrible  consequences  of  the  crimes 
which  foment  civil  war  are  considered,  no  penal 
ty  would  seem  too  severe  to  expiate  them.  But 
it  has  been  erroneously  suggested  that,  as  the 
levying  of  war — treason — itself  is  not  punisha 
ble  by  depriving  traitors  of  more  than  a  life  es 
tate  in  their  real  estate,  even  though  they  are 
condemned  to  death,  it  could  not  have  been  the 
intention  of  the  framers  of  the  Constitution  to 
punish  any  of  the  crimes  which  may  originate  a 
civil  war,  by  penalty  equally  severe  with  that  to 
which  they  limited  Congress,  in  punishing  trea 
son  itself.  A  lower  offence,  it  is  said,  should  not 
be  punished  with  more  severity  than  a  higher 
one.  This  objection  would  be  more  plausible  if 
the  power  to  punish  treason  were  in  fact  limited. 
But,  as  has  been  shown  in  a  previous  chapter, 
such  is  not  the  fact* 

ACT    OF    1862,  SECTION    VI.,  DOES    NOT    PURPORT    TO 
PUNISH    TREASON. 

If  the  penalty  of  death  be  not  inflicted  on  the 
guilty,  and  if  he  be  not  accused  of  treason,  no 
question  as  to  the  validity  of  the  statute  could 
arise  under  this  clause  of  the  Constitution,  limit 
ing  the  effect  of  attainders  of  treason.  No  ob 
jection  could  be  urged  against  its  validity  on  the 
round  of  its  forfeiting  or  confiscating  all  the 
property  of  the  offender,  or  of  its  depriving  him 
of  liberty  by  imprisonment,  or  of  its  exiling  him 
from  the  country. 

Section  6  of  the  Act  of  1862  does  not  impose 
the  penalty  of  death,  but  it  provides  that  if  reb- 

*  See  Chap.  V.  page  710. 


718 


REBELLION   RECORD,  1862-63. 


els  in  arms  shall  not,  within  sixty  days  after 
proclamation  by  the  President,  cease  to  aid  and 
abet  the  rebellion,  and  return  to  their  allegiance, 
they  shall  be  liable  to  have  all  their  property 
seized,  and  used  for  the  benefit  of  the  country. 

Suppose  the  rebels  in  arms  refuse  to  obey  the 
proclamation,  and  neglect  or  refuse  to  return  to 
their  allegiance  ;  the  mere  non-performance  of 
the  requisition  of  this  act  is,  not  lerying  war,  or 
aiding  and  comforting  the  enemy,  technical^  con 
sidered,  and  so  not  treason — although,  if  they 
go  on  to  perform  overt  acts  in  aid  of  the  rebels, 
those  acts  will  be  treasonable.  Will  it  be  denied 
that  the  rebels  in  arms  ought  to  be  required  by 
law  to  return  to  their  allegiance,  and  cease  rebel 
lion  ?  If  their  refusal  to  do  so  is  not  technically 
treason,  ought  they  not  to  be  liable  to  punishment 
for  violating  the  law  ?  Is  any  degree  of  pecuni 
ary  loss  too  severe  for  those  who  will  continue  at 
war  with  their  country  after  warning  and  procla 
mation,  if  their  lives  are  not  forfeited  ? 

LEGAL  CONSTRUCTION  OF  THE  ACT  OF  1862. 

What  will  be  the  construction  put  upon  sec 
tion  sixth  of  the  Act  of  July  seventeenth,  ch. 
195,  1862,  when  taken  in  connection  with  the 
joint  resolution  which  accompanied  it,  is  not  so 
certain  as  it  should  be.  The  language  of  the 
las.t  clause  in  that  resolution  is,  "Nor  shall  any 
punishment  or  proceedings,  under  said  Act,  be 
so  construed  as  to  work  a  '  forfeiture'  of  the  real 
estate  of  the  offender  beyond  his  natural  life." 
There  is  no  forfeiture  in  express  terms  provided 
for  in  any  part  of  the  Act.  The  punishment  of 
treason,  'in  the  first  section,  is  either  death  and 
freedom  of  slaves,  or  imprisonment,  fine,  and 
freedom  of  slaves.  The  judgment  of  death  for 
treason  is  the  only  one  which  could,  even  by  the 
common  law,  have  been  so  construed  as  to  "  work 
any  forfeiture."  It  may  have  been  the  intention 
of  Congress  to  limit  the  constructive  effect  of 
such  a  judgment.  But  the  words  of  the  resolu 
tion  are  peculiar  ;  they  declare  that  no  "  proceed 
ings"  under  said  act  shall  be  so  construed  as  to 
work  a  forfeiture,  etc.  Then  the  question  will 
arise  whether  the  "proceedings"  (authorized  by 
section  sixth,  in  which  the  President  has  the  power 
and  duty  to  seize  and  use  all  the  property  of  reb 
els  in  arms  who  refuse,  after  warning,  to  return 
to  their  allegiance)  are  such  that  a  sale  of  such 
real  estate,  under  the  provisions  of  sections  sev 
enth  and  eighth,  can  convey  any  thing  more  than 
an  estate  for  the  life  of  the  offender?  But  the 
crime  punished  by  section  sixth  is  not  the  crime 
of  treason ;  and  whether  there  be  or  be  not  a 
limitation  to  the  power  of  the  legislature  to  pun 
ish  that  crime,  there  is  no  limit  to  its  power  to 
punish  the  crime  described  in  this  section.* 

Forfeiture  and  confiscation  of  real  and  per 
sonal  estates  for  crimes,  when  there  was  and 
could  have  been  no  treason,  were  common  and 
familiar  penal  statutes  in  several  States  or  colo 
nies  when  the  Constitution  was  framed.  Many 
of  the  old  tories,  in  the  time  of  the  Revolution, 
were  banished,  and  their  real  estate  confiscated, 
*  See  Note,  page  715,  United  States  v.  Latham. 


without  having  been  tried  for  or  accused  of  trea 
son,  or  having  incurred  any  forfeiture  by  the 
laws  against  treason.  Such  was  the  case  id 
South-Carolina  in  1776.*  In  that  State,  one  set 
of  laws  was  in  force  against  treason,  the  punish 
ment  of  which  was  forfeiture  worked  T^y  attain 
der.  Another  set  of  laws  were  confiscation  acts 
against  tory  refugees  who  had  committed  no  trea 
son.  These  distinctions  were  familiar  to  those 
who  formed  the  Constitution,  and  they  used  lan 
guage  relating  to  these  subjects  with  technical 
precision. 

THE     SEVERITY    OF    DIFFERENT     PUNISHMENTS     COM 
PARED. 

Forfeiture  and  confiscation  are,  in  the  eye  of 
the  law,  less  severe  punishments  than  death  ; 
they  are  in  effect  fines,  to  the  extent  to  which 
the  criminal  is  capable  of  paying  them.  It 
would  not  seem  to  be  too  severe  a  punishment 
upon  a  person  who  seeks,  with  arms  in  his  hands, 
to  destroy  your  life,  to  steal  or  cany  away  your 
property,  to  subvert  your  government,  that  he 
should  be  deprived  of  his  property  by  confisca 
tion  or  fine  to  any  amount  he  could  pay.  There 
fore,  as  the  provisions  of  section  sixth,  which 
would  authorize  the  seizure  and  appropriation  of 
rebel  real  estate  to  public  use,  are  not  within  the 
prohibitions  of  Art.  III.,  Sect.  3  of  the  Constitu 
tion,  it  is  much  to  be  regretted  that  the  joint 
resolution  of  Congress  should  have  been  so 
worded  as  to  throw  a  doubt  upon  the  construc 
tion  of  that  part  of  the  statute,  if  not  to  paralyze 
its  effect  upon  the  only  class  of  rebel  properly 
which  they  cannot  put  out  of  the  reach  of  Gov 
ernment,  namely,  their  real  estate. 

THE  SIXTH  SECTION  OF  THE  CONFISCATION  ACT  OP 
1862  IS  NOT  WITHIN  THE  PROHIBITION  OF  THE 
CONSTITUTION,  ARTICLE  III.  SECTION  III. 

Congress  cannot,  by  giving  a  hew  name  to 
acts  of  treason,  transcend  the  constitutional  lim 
its  in  declaring  its  punishment.  Nor  can  legis 
lation  change  the  true  character  of  crimes. 
Hence  some  have  supposed  that  Congress  has  no 
right  to  punish  the  most  flagrant  and  outrageous 
acts  of  civil  war  by  penalties  more  severe  than 
those  prescribed,  as  they  say,  for  treason.  Since 
a  subject  must  have  performed  some  overt  act, 
which  may  be  construed  by  courts  into  the 
"levying  of  war,"  or  "aiding  the  enemy,"  be 
fore  he  can  be  convicted  of  treason,  it  has  been 
supposed  that  to  involve  a  great  nation  in  tho 
horrors  of  civil  war  can  be  nothing  more,  and 
nothing  else,  than  treason.  This  is  a  mistake. 
The  Constitution  does  not  define  the  meaning  of 
the  phrase  "levying  war."  Is  it  confined  to  the 
true  and  genuine  signification  of  the  words, 
namely,  "  that  to  levy  war  is  to  raise  or  begin 
war ;  to  take  arms  for  attack ;"  or  must  it  be 
extended  to  include  the  carrying  on  or  waging 
war,  after  it  has  been  commenced  ?t  The  crime 

*  See  Willis  v.  Martin,  2  Bay  20.  See  also  ffinzleman  r. 
Clarke  find  Al.,  Coxe  N.  J.,  1795. 

t  To  levy  war  is  to  raise  or  begin  war  ;  to  take  arms  for  at 
tack  ;  to  attack. — Webster's  Quarto  Diet. 

To  levy  is,  1.  To  raise,  as  a  sie^e.  2.  To  raise  or  collect ;  to 
gather.  3.  To  raise,  applied  to  war. — Worcester's  Quarto  Diet, 


DOCUMENTS. 


719 


committed  by  a  few  individuals  by  merely  levy 
ing  war,  or  beginning  without  prosecuting  or 
continuing  armed  resistance  to  Government, 
although  it  is  treason,  may  be  immeasurably 
less  than  that  of  carrying  on  a  colossal  rebellion, 
involving  millions  in  a  fratricidal  contest.  Though 
treason  is  the  highest  political  crime  known  to 
the  codes  of  law,  yet  wide-spread  and  savage  re 
bellion  is  a  still  higher  crime  against  society ;  for 
it  embraces  a  cluster  of  atrocious  wrongs,  of 
which  the  attack  upon  GovernmenWtreason — 
is  but  one.  Although  there  can  be  no  treason 
unless  the  culprit  levies  war  or  aids  the  enemy, 
yet  it  by  no  means  follows  that  all  acts  of  carry 
ing  on  a  war  once  levied  are  only  acts  of  treason. 
Treason  is  the  threshold  of  war ;  the  traitor  passes 
over  it  to  new  and  deeper  guilt.  He  ought  to  suf 
fer  punishment  proportioned  to  his  crimes. 

It  must  also  be  remembered  that  the  Constitu 
tion  does  not  indicate  that  fines,  forfeitures,  con 
fiscations,  outlawry,  or  imprisonment  are  "se 
verer  penalties  than  death."  The  law  has  never 
so  treated  them.  Nor  is  there  any  limit  to  the 
power  of  Congress  to  punish  traitors,  as  has 
been  shown  in  a  previous  chapter.*  Who  will 
contend  that  the  crime  of  treason  is  in  morals 
more  wicked,  in  its  tendencies  more  dangerous, 
or  in  its  results  more  deadly,  than  the  conspira 
cy  by  which  it  was  plotted  and  originated  ?  Yet 
suppose  the  conspirator  is  artful  enough  not  to 
commit  any  overt  act  in  presence  of  two  wit 
nesses,  he  cannot  be  convicted  of  treason,  though 
he  may  have  been  far  more  guilty  than  many 
thoughtless  persons  who  have  been  put  forward 
to  execute  the  "  overt  acts,"  and  have  thereby 
become  punishable  as  traitors.  Suppose  a  per 
son  commit  homicide ;  he  may  be  accused  of 
assault  and  battery,  or  assault  with  intent  to 
kill,  or  justifiable  homicide,  or  manslaughter,  or 
murder  in  either  degree.  Suppose  the  Constitu 
tion  limited  the  punishment  of  wilful  murder  to 
the  death  of  the  criminal  and  forfeiture  of  his 
real  and  personal  estate  for  life,  would  any  per 
son  contend  that  neither  of  the  other  above- 
mentioned  crimes  could  be  punished,  unless  the 
criminal  were  convicted  of  wilful  murder  ?  If 
he  had  committed  murder,  he  must  have  com 
mitted  all  the  crimes  involved  in  murder.  He 
must  have  made  an  assault  with  intent  to  kill ; 
and  he  must  have  committed  unjustifiable  homi 
cide,  or  manslaughter.  If  the  Government 
should,  out  of  leniency,  prosecute  and  convict 
him  of  manslaughter,  and  impose  upon  him  a 
penalty  of  fine,  or  confiscation  of  his  real  and 
personal  estate,  instead  of  sentence  of  death, 
would  any  one  say  that  the  penalty  imposed  was 
severer  than  death?  or  that  murder  was  legisla 
ted  into  any  other  crime  ?  or  that  any  other 
crime  was  legislated  into  murder  ?  Many  crimes 
of  different  grades  may  coexist  and  culminate 
in  one  offence.  It  is  no  sign  of  undue  severity 
to  prosecute  the  offender  for  one  less  than  the 
highest.  The  same  course  of  crime  may  violate 
many  of  the  duties  the  loyal  citizen  owes  to  his 

*  See  Chap.  V.  p.  T10. 


country.  To  pass  laws  declaring  the  penalty  for 
each  and  all  of  these  crimes  does  not  transcend 
the  true  scope  of  the  criminal  legislation  of  Con 
gress,  where  an  offender  has  brought  upon  his 
country  the  horrors  of  civil  war  by  destroying 
the  lives  of  those  who  have  given  him  no  cause 
of  offence,  by  violating  the  rights  of  the  living 
and  the  dead,  by  heaping  upon  his  guilty  act  the 
criminality  of  a  thousand  assassins  and  murder 
ers,  and  by  striking  at  the  root  of  the  peace  and 
happiness  of  a  great  nation ;  it  does  not  seem 
unduly  severe  to  take  from  him  his  property  and 
his  life.  The  Constitution  does  not  protect  him 
from  the  penalty  of  death ;  and  it  cannot  be  so 
interpreted  as  to  protect  him  against  confiscation 
of  his  real  estate. 

TREASON  AND  CONFISCATION   LAWS  IN    1862 — -THEIR 
PRACTICAL    OPERATION. 

To  understand  the  practical  operation  of  the 
statutes  now  in  force  for  the  punishment  of  trea 
son  and  rebellion,  and  for  the  seizure  and  confis 
cation  of  rebel  property,  it  is  necessary  to  ob 
serve  the  effect  of  other  statutes  which  regulate 
the  mode  of  procedure  in  the  United  States 
courts.  Section  1  of  the  act  of  1862,  which,  as 
well  as  the  act  of  1T90,  prescribes  the  punish 
ment  of  death  for  treason ;  section  2,  which 
imposes  fines  and  penalties ;  section  3,  which 
adds  disqualification  for  office;  and,  in  fact,  all 
the  penal  sections  of  this  statute,  entitle  the  ac 
cused  to  a  judicial  trial.  Before  he  can  be  made 
liable  to  suffer  any  penalty,  he  must  have  been 
"pronounced  guilty  of  the  offence  charged,"  and 
he  must  have  suffered  "judgment  and  sentence 
on  conviction."  The  accused  cannot  by  law  be 
subjected  to  a  trial  unless  he  has  previously  been 
indicted  by  a  grand-jury.  He  cannot  be  ad 
judged  guilty  unless  upon  a  verdict  of  a  petty 
jury,  impanelled  according  to  law,  and  by  courts 
having  jurisdiction  of  the  person  and  of  the  al 
leged  offence.  A  brief  examination  of  the  stat 
utes  regulating  such  proceedings  will  show  that 
treason  and  confiscation  laws  will  not  be  likely 
to  prove  effectual,  unless  they  shall  be  amended, 
or  unless  other  statutes  shall  be  so  modified  as 
to  adapt  them  to  the  present  condition  of  the 
country. 

LEGAL    RIGHTS    OP    PERSONS    ACCUSED    OF    TREASON. 

All  judicial  convictions  must  be  in  accordance 
with  the  laws  establishing  the  judiciary  and  re 
gulating  its  proceedings.  Whenever  a  person 
accused  of  crime  is  held  by  the  Government, 
not  as  a  belligerent  or  prisoner  of  war,  but  mere 
ly  as  a  citizen  of  the  United  States,  then  he  is 
amenable  to,  and  must  be  tried  under  and  by 
virtue  of  standing  laws ;  and  all  rights  guaran 
teed  to  other  citizens  in  his  condition  must  be 
conceded  to  him. 

WILL    SECESSIONISTS    INDICT    AND    CONVICT    EACH 
OTHER  ? 

No  person  can  lawfully  be  compelled  to  appear 
and  answer  to  a  charge  for  committing  capital  or 
otherwise  infamous  crimes,  except  those  arising 


720 


REBELLION  RECORD,  1862-63. 


in  the  army  and  navy,  when  in  actual  service,  in 
time  of  war  or  public  danger,  until  he  has  been 
indicted  by  a  grand-jury.*  That  grand-jury  is 
summoned  by  the  marshal  from  persons  in  the 
district  where  the  crime  was  committed. 

By  the  statute  of  September  twenty-fourth, 
1789,  section  29,  "in  all  .cases  punishable  with 
death,  the  trial  shall  be  had  in  the  county  where 
the  offence  was  committed  ;  or  where  that  cannot 
be  done  without  great  inconvenience,  twelve  petit 
jurors  at  least  shall  be  summoned  from  thence." 
It  has  indeed  been  decided  that  the  judges  are 
not  obliged  to  try  these  cases  in  the  county  where 
the  crime  was  committed,  but  they  are  bound  to 
try  them  within  the  district  in  which  they  were 
perpetrated.! 

HOW  THE  JURIES  ARE  SELECTED,  AND  THEIR  POWERS. 

The  juries  are  to  be  designated  by  lot.  or  ac 
cording  to  the  mode  of  forming  juries  practised 
in  1789,  so  far  as  practicable ;  the  qualifications 
of  jurors  must  be  the  same  as  those  required  by 
the  laws  of  the  State  where  the  trial  is  held,  in 
order  to  qualify  them  to  serve  in  the  highest 
court  of  that  State  ;  and  jurors  shall  be  returned 
from  such  parts  of  the  district,  from  time  to  time, 
as  the  court  shall  direct,  so  as  to  be  most  favor 
able  to  an  impartial  trial.  And  if  so  many  jurors 
are  challenged  as  to  prevent  the  formation  of  a 
full  jury,  for  want  of  numbers  the  panel  shall  be 
completed  from  the  bystanders. 

STATE    RIGHTS    AND    SECESSION    DOCTRINES    IN    THE 
JURY-ROOM. 

The  jury  are  by  law  judges  of  the  law  and  the 
feet,  according  to  the  opinion  of  many  eminent 
lawyers  and  judges.  Whether  this  be  so  or  not, 
their  verdict,  being  upon  the  law  and  the  fact,  in 
a  criminal  case,  they  become  in  effect  judges  of 
law  and  fact.  Suppose  that  the  judge  presiding 
at  the  trial  is  honest  and  loyal,  and  that  the  jury 
is  composed  of  men  who  believe  that  loyalty  to 
the  State  is  paramount  to  loyalty  to  the  United 
States  ;  or  that  the  States  had,  and  have,  a  law 
ful  right  to  secede  from  the  Union.  Whatever 
the  opinions  of  the  judge  presiding  in  the  United 
States  Court  might  be  on  these  questions,  he 
would  have  no  power  to  root  out  from  the  jury 
their  honest  belief,  that  obedience  to  the  laws  of 
their  own  seceding  State  is  not,  and  cannot  be, 
treason.  The  first  step  toward  securing  a  ver 
dict  would  be  to  destroy  the  belief  of  the  jury  in 
these  doctrines  of  State  rights,  paramount  State 
sovereignty,  and  the  right  of  secession.  To  de 
cide  the  issue,  according  to  the  conscientious 
judgment  of  the  jurymen  upon  the  facts  and  the 
law,  would  require  them  to  find  a  verdict  against 
the  United  States. 

SYMPATHY. 

But  this  is  not  the  only  difficulty  in  the  opera 
tion  of  this  statute.  The  grand-jurors  and  the 
petit  jury  are  to  be  drawn  from  those  who  are 
neighbors,  and  possibly  friends,  of  the  traitors. 

*  Constitutional  Amendment  V. 

t  United  States  v.  Wilson,  Baldw.  117;  United  States  v 
Cornell  2  Mass.  95-93;  United  States  v.  The 

6  I/iill.  f>l? 


The  accused  has  the  further  advantage  of  know 
ing,  before  the  time  of  trial,  the  names  of  all  the 
jurors,  and  of  all  the  witnesses  to  be  produced 
against  him  ;  he  has  the  benefit  of  counsel,  and 
the  process  of  the  United  States  to  compel  the  at 
tendance  of  witnesses  in  his  behalf.*  How  im 
probable  is  it  that  any  jury  of  twelve  men  will  be 
found  to  take  away  the  lives  or  estates  of  their 
associates,  when  some  of  the  jurymen  themselves, 
or  their  friends  and  relatives  or  debtors,  are  in 
volved  in  the  same  offence!  Could  any  judge 
reasonably  expect  a  jury  of  horse-thieves  to  con 
vict  one  of  their  own  number,  when  either  of  the 
jurymen  might  be  the  next  man  required  to  take 
his  turn  in  the  criminal  box  ?  Under  the  present 
state  of  the  law,  it  is  not  probable  that  there  will 
ever  be  a  conviction,  even  if  laws  against  treason 
and  those  which  confiscate  property,  were  not  un 
popular  and  odious  in  a  community  against  whom 
they  are  enacted.  When  an  association  of  trai 
tors  and  conspirators  can  be  found  to  convict  each 
other,  than  these  statutes  will  punish  treason,  but 
not  sooner. 

LAWS     ARE     MOST     EFFECTIVE     WHICH     REQUIRE     NO 
REBEL    TO    ADMINISTER   THEM. 

Those  sections  of  the  act  of  1862,  empowering 
government  to  seize  rebel  property,  real,  personal, 
and  mixed,  and  to  apply  it  to  the  use  of  the  army, 
to  secure  the  condemnation  and  sale  of  seized  pro 
perty,  so  as  to  make  it  available,  and  to  authorize 
proceedings  in  rem,  conformably  to  proceedings 
in  admiralty  or  revenue  cases,  are  of  a  different 
and  far  more  effective  character.  Those  clauses 
in  the  act  which  allow  of  the  employment  in  the 
service  of  the  United  States  of  colored  persons,  so 
far  as  they  may  be  serviceable,  and  the  freeing 
of  the  slaves  of  rebels,  whether  captured,  seized, 
fugitive,  abandoned,  or  found  within  the  lines  of 
the  army,  may  be  of  practical  efficacy,  because 
these  measures  do  not  require  the  aid  of  any  se 
cession  jury  to  carry  them  into  effect. 

STATUTES    OF    LIMITATION    WILL    PROTECT    TRAITORS. 

The  statutes  limiting  the  time  during  which 
rebels  and  traitors  shall  be  liable  to  indictment 
ought  also  to  be  considered.  By  the  act  of  1790, 
no  person  can  be  punished  unless  indicted  for 
treason  within  three  years  after  the  treason  was 
committed,  if  punishable  capitally;  nor  unless  in 
dicted  within  two  years  from  the  time  of  commit 
ting  any  offence  punishable  with  fine  or  forfeiture. 
Thus,  by  the  provisions  of  these  laws,  if  the  war 
should  last  two  years,  or  if  it  should  require  two 
or  three  years  after  the  war  shall  have  been  ended 
to  reestablish  regular  proceedings  in  courts,  all  the 
criminals  in  the  seceded  States  will  escape  by  the 
operation  of  the  statutes  of  limitations.  It  is  true, 
that  if  traitors  flee  from  justice  these  limitations 
will  not  protect  them  ;  but  this  exception  will 
apply  to  few  individuals,  and  those  who  flee  will 
not  be  likely  to  be  caught.  Unless  these  statutes 
are  modified,  those  who  have  caused  and  main 
tained  the  rebellion  will  escape  from  punishment. t 

*  Statute  of  April  30,  1700,  Sect.  29. 

t  Several  bills  have  been  intr  /duced  during  t?/e  present  sesp'on 
of  Congress  (1863-&4)  to  remedy  the  difficulties  here  pointed  ouk 


DOCUMENTS. 


721 


CHAPTER   VIII. 

INTERFERENCE    OF    GOVERNMENT    WITH    THE    DOMES 
TIC    AFFAIRS    OF   THE    STATES. 

PARTY  PLATFORMS  CANNOT  ALTER  THE  CONSTITUTION. 

POLITICAL  parties,  in  times  of  peace,  have  often 
declared  that  they  do  not  intend  to  interfere  with 
slavery  in  the  States.  President  Buchanan  de 
nied  that  Government  had  any  power  to  coerce 
the  seceded  States  into  submission  to  the  laws 
of  the  country.  When  President  Lincoln  called 
into  service  the  army  and  navy,  he  announc 
ed  that  it  was  not  his  purpose  to  interfere  with 
the  rights  of  loyal  citizens,  nor  with  their  domes 
tic  affairs.  Those  who  have  involved  this  coun 
try  in  bloody  war,  all  sympathizers  in  their 
treason,  and  others  who  oppose  the  present  Ad 
ministration,  unite  in  denying  the  right  of  the 
President  or  of  Congress  to  interfere  with  slave 
ry,  even  if  such  interference  is  the  only  means  by 
which  the  Union  can  be  saved  from  destruction. 
No  constitutional  power  can  be  obliterated  by 
any  denial  or  abandonment  thereof,  by  individ 
uals,  by  political  parties,  or  by  Congress. 

The  war  power  of  the  President  to  emancipate 
enemy's  slaves  has  been  the  subject  of  a  preced 
ing  chapter.  Congress  has  power  to  pass  laws 
necessary  and  proper  to  provide  for  the  defence 
of  the  country  in  time  of  war,  by  appropriating 
private  property  to  public  use,  with  just  compen 
sation  therefor,  as  shown  in  Chapter  I.  ;  also 
laws  enforcing  emancipation,  confiscation,  and 
all  other  belligerent  rights,  as  shown  in  Chapter 
II. ;  and  it  is  the  sole  judge  as  to  what  legisla 
tion,  to  effect  these  objects,  the  public  welfare 
and  defence  require  ;  it  may  enact  laws  abolish 
ing  slavery,  whenever  slavery,  ceasing  to  be 
merely  a  private  and  domestic  relation,  becomes 
a  matter  of  national  concern,  and  the  public  wel 
fare  and  defence  cannot  be  provided  for  and  se 
cured  without  interfering  with  slaves.  Laws 
passed  for  that  purpose,  in  good  faith,  against 
belligerent  subjects,  not  being  within  any  express 
prohibition  of  the  Constitution,  cannot  lawfully 
be  declared  void  by  any  department  of  Govern 
ment.  Reasons  and  authority  for  these  propo 
sitions  have  been  stated  in  previous  chapters. 

DOMESTIC    INSTITUTIONS. 

Among  the  errors  relating  to  slavery  which 
have  found  their  way  into  the  public  mind — er 
rors  traceable  directly  to  a  class  of  politicians 
who  are  now  in  open  rebellion — the  most  impor 
tant  is,  that  Congress  has  no  right  to  interfere 
in  any  way  with  slavery.  Their  assumption  is, 
that  the  States  in  which  slaves  are  held  are  alone 
competent  to  pass  any  law  relating  to  an  institu 
tion  which  belongs  exclusively  to  the  domestic 
affairs  of  the  States,  and  in  which  Congress  has 
no  right  to  interfere  in  any  way  whatever. 

From  a  preceding  chapter,  (see  page  687,)  it 
will  be  seen,  that  if  slaves  are  property,  property 
can  be  interfered  with  under  the  Constitution  ;  if 
slavery  is  a  domestic  institution,  as  Mormonism 
or  apprenticeship  is,  each  of  them  can  lawfully 


be  interfered  with  and  annulled.  But  slavery 
has  a  double  aspect.  So  long  as  it  remains  in 
truth  "domestic,"  that  is  to  say,  according  to 
Webster's  Dictionary,  "pertaining  to  house  or 
home"  so  long  government  cannot  be  affected  by 
it,  and  have  no  ground  for  interfering  with  it ; 
when,  on  the  contrary,  it  no  longer  pertains  only 
to  house  and  home,  but  enters  into  vital  ques 
tions  of  war,  aid  and  comfort  to  public  enemies, 
or  any  of  the  national  interests  involved  in  a  gi 
gantic  rebellion  ;  when  slavery,  rising  above  its 
comparative  insignificence  as  a  household  affair, 
becomes  a  vast,  an  overwhelming  power  which 
is  used  by  traitors  to  overthrow  the  Government, 
and  may  be  used  by  Government  to  overthrow 
traitors,  it  then  ceases  to  be  merely  domestic ; 
it  becomes  a  belligerent  power,  acting  against  the 
"  public  welfare  and  common  defence."  No  in 
stitution  continues  to  be  simply  "  domestic" 
after  it  has  become  the  effective  means  of  aiding 
and  supporting  a  public  enemy. 

When  an  "  institution"  compels  three  millions 
of  subjects  to  become  belligerent  traitors,  because 
they  are  slaves  of  disloyal  masters,  slavery  be 
comes  an  affair  which  is  of  the  utmost  public  and 
national  concern.  But  the  Constitution  not  only 
empowers,  but,  under  certain  contingencies  re 
quires  slavery  in  the  States  to  be  interfered  with. 
No  one  who  will  refer  to  the  sections  of  that  instru 
ment  here  cited,  will  probably  venture  to  deny 
the  power  of  Congress,  in  one  mode  or  another, 
to  interfere  for  or  against  the  institution  of 
slavery. 

CONGRESS  MAY  PASS  LAWS  INTERFERING  FOR  THE 
PRESERVATION  AND  PROTECTION  OF  SLAVERY  IN 
THE  STATES. 

Art.  IV.  Sect.  2  required  that  fugitive  slaves 
should  be  delivered  up,  and  the  fugitive  slave- 
laws  were  passed  to  carry  this  clause  into  effect. 

Art.  I.  Sect.  9,  required  that  the  foreign  slave 
trade  should  not  be  interfered  with  prior  to  1808, 
but  allowed  an  importation  tax  to  be  levied  on 
each  slave,  not  exceeding  ten  dollars  per  head. 

Art.  V.  provided  that  no  amendment  of  the 
Constitution  should  be  made,  prior  to  1808,  af 
fecting  the  preceding  clause. 

Art.  I.  Sect.  2,  provides  that  three  fifths  of  all 
slaves  shall  be  included  in  representative  num 
bers. 

CONGRESS     MAY    INTERFERE     AGAINST     SLAVERY     IN 
THE     STATES. 

Art.  I.  Sect.  8.  Congress  has  power  to  regu 
late  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes. 
Under  this  clause  Congress  can  in  effect  prohibit 
the  inter-State  slave  trade,  and  so  pass  laws  di 
minishing  or  destroying  the  value  of  slaves-  in 
the  Border  States,  and  practically  abolish  slavery 
in  those  States. 

CONGRESS  MAY  INTERFERE  WITH  SLAVERY  BY  CALL 
ING  UPON  THE  SLAVES,  AS  SUBJECTS,  TO  ENTER 
MILITARY  SERVICE. 

Art.  I.  Sect.  8.  Congress  has  the  power  to 
declare  war  and  make  rules  for  the  government 


722 


REBELLION   RECORD,    1862-63. 


of  land  and  naval  forces,  and  under  this  power 
to  decide  who  shall  constitute  the  militia  of  the 
United  States,  and  to  enrol  and  compel  into  the 
service  of  the  United  States  all  the  slaves,  as  well 
as  their  masters,  and  thus  to  interfere  with  slave 
ry  in  the  States. 

CONGRESS  MAY  INTERFERE  WITH  SLAVERY  IN  THE 
STATES  BY  CUTTING  OFF  THE  SUPPLY  OF  SLAVES 
TO  SUCH  STATES. 

The  law  now  prohibiting  the  importation  of 
slaves,  and  making  slave-trading  piracy,  is  an  in 
terference  with  slavery,  by  preventing  their  in 
troduction  into  the  slave  States.  So  also  is  the 
treaty  with  England  to  suppress  the  slave-trade, 
and  to  keep  an  armed  naval  force  on  the  coast  of 
Africa. 

In  case  of  servile  insurrection  against  the  laws 
and  authority  of  the  United  States,  the  Govern 
ment  are  bound  to  interfere  with  slavery,  as 
much  as  in  an  insurrection  of  their  masters, 
which  may  also  require  a  similar  interference. 
The  President,  with  the  advice  and  consent  of 
the  Senate,  has  the  power  to  make  treaties ;  and, 
under  the  treaty-making  power,  slavery  can  be 
and  has  been  interfered  with.  In  the  last  war 
with  Great  Britain,  a  treaty  was  made  to  evacu 
ate  all  the  forts  and  places  in  the  United  States 
without  carrying  away  any  of  the  slaves  who  had 
gone  over  to  them  in  the  States.  Congress  then 
interfered  to  sustain  the  institution  of  slavery, 
for  it  was  only  by  sustaining  slavery  that  this 
Government  could  claim  indemnity  for  slaves  as 
property.  The  treaty -making  power  may  abolish 
slavery  in  the  whole  country,  as,  by  Art.  VI., 
the  Constitution,  the  laws,  and  all  treaties  made 
or  which  shall  be  made  under  the  authority  of 
the  United  States,  shall  be  the  supreme  law  of 
the  land.  A  clause  in  any  treaty  abolishing 
slavery  would,  ipso  facto,  become  the  supreme 
law  of  the  land,  and  there  is  no  power  whatever 
that  could  interfere  with  or  prevent  its  operation. 
By  the  treaty-making  power,  any  part  of  the 
country  burdened  with  slavery,  and  wrested  from 
us  by  conquest,  could  be  ceded  to  a  foreign  nation 
who  do  not  tolerate  slavery,  and  without  claim  of 
indemnity.  The  principle  is  well  established 
that  "  the  release  of  a  territory  from  the  domin 
ion  and  sovereignty  of  the  country,  if  that  cession 
be  the  result  of  coercion  or  conquest,  does  not 
impose  any  obligation  upon  the  Government  to 
indemnify  those  who  may  suffer  loss  of  property 
by  the  cession."  * 

The  State  of  New-York  had  granted  to  her 
own  citizens  many  titles  to  real  estate  lying  in 
that  part  of  her  territory  now  called  Vermont. 
Vermont  separated  itself  from  New- York,  and 
declared  itself  an  independent  State.  It  main 
tained  its  claims  to  such  an  extent,  that  New- 
York,  by  act  of  July  14,  1789,  was  enforced  to 
empower  commissioners  to  assent  to  its  indepen 
dence;  but  refused  to  compensate  persons  claim 
ing  land  under  grant  from  New- York,  though 
they  were  deprived  of  them  by  Vermont.  The 
ground  taken  by  the  Legislature  was,  that  the 
*  1  Kent  Com.  178. 


Government  was  not  required  to  assume  the 
burden  of  losses  produced  by  conquest  or  by  the 
violent  dismemberment  of  the  State. 

Supposing  England  and  France  should,  by 
armed  intervention,  compel  the  dismemberment 
of  the  United  States,  and  the  cession  of  the  slave 
States  to  them  as  conquered  territory  ;  and  that 
the  laws  of  the  conquerors  allowed  no  slavehold- 
ing.  Could  any  of  the  citizens  of  slave  States, 
who  might  reside  in  the  free  States,  having  re 
mained  loyal,  but  having  lost  their  slaves,  make 
just  legal  claim  for  indemnity  upon  the  Govern 
ment  ?  Certainly  not. 

Other  instances  may  be  cited  in  which  Con 
gress  has  the  power  and  duty  of  interference  in 
the  local  and  domestic  concerns  of  States,  other 
than  those  relating  to  slavery.*  Chief-Justice 
Taney  says  : 

"  Moreover,  the  Constitution  of  the  United 
States,  as  far  as  it  has  provided  for  an  emergency 
of  this  kind,  and  authorized  the  general  Govern 
ment  to  interfere  in  the  domestic  concerns  of  a 
State,  has  treated  the  subject  as  political  in  its 
nature,  and  placed  the  power  in  the  hands  of 
that  department.  Art.  IV.  Sect.  4  of  the  Con 
stitution  of  the  United  States  provides  that  the 
United  States  shall  guarantee  to  every  State  in 
the  Union  a  republican  form  of  government,  and 
shall  protect  each  of  them  against  invasion,  and, 
on  the  application  of  the  Legislature,  or  of  the 
Executive  when  the  Legislature  cannot  be  con 
vened,  against  domestic  violence.  Under  this 
article  of  the  Constitution  it  rests  with  Congress 
to  decide  what  government  is  the  established  one 
in  a  State.  For,  as  the  United  States  guarantees 
to  each  State  a  republican  government,  Congress 
must  necessarily  decide  what  government  is  es 
tablished,  before  it  can  determine  whether  it  is 
republican  or  not.  And  when  senators  and  re 
presentatives  of  a  State  are  admitted  into  the 
councils  of  the  Union,  the  authority  of  the  Gov 
ernment  under  which  they  are  appointed,  as  well 
as  its  republican  character,  is  recognized  by  the 
proper  constitutional  authority,  and  its  decision 
is  binding  upon  every  other  department  of  the 
Government,  and  could  not  be  questioned  in  a 
judicial  tribunal.  So,  too,  as  relates  to  the  clause 
in  the  above-mentioned  article  of  the  Constitution, 
providing  for  cases  of  domestic  violence.  It  rest 
ed  with  Congress,  too,  to  determine  the  means 
proper  to  be  adopted  to  fulfil  this  guarantee." 

Suppose,  then,  that  for  the  purpose  of  secur 
ing  "  domestic  tranquillity "  and  to  suppress 
domestic  violence,  Congress  should  determine 
that  emancipation  of  the  slaves  was  a  necessary 
and  proper  means,  it  would  be  the  duty  of  Con 
gress  to  adopt  those  means,  and  thus  to  interfere 
with  slavery.t  If  a  civil  war  should  arise  in  a 
single  State  between  the  citizens  thereof,  it  is 
the  duty  of  Congress  to  cause  immediate  inter 
ference  in  the  domestic  and  local  affairs  of  that 
State,  and  to  put  an  end  to  the  war ;  and  this 
interference  may  be  by  f^rce  of  arms  and  bj 


*  Luther  v.  Sorden,  7  How.  42. 
t  Luther  v.  Borden,  7  How.  42. 


DOCUMENTS. 


V23 


force  of  laws  ;  and  the  fact  that  the  cause  of 
quarrel  is  domestic  and  private,  whether  it  be  in 
relation  to  a  proposed  change  in  the  form  of  gov 
ernment,  as  in  Dorr's  rebellion,*  or  a  rebellion 
growing  out  of  any  other  domestic  matter,  the 
Constitution  authorizes  and  requires  interference 
by  the  General  Government.  Hence  it  is  ob 
vious  that  if  slaves  be  considered  property,  and 
if  the  regulation  of  slavery  in  the  States  be 
deemed  in  some  aspects  one  of  the  domestic  af 
fairs  of  the  States  where  it  is  tolerated,  yet  these 
facts  constitute  no  reason  why  such  property  may 
not  be  interfered  with,  and  slavery  dealt  with  by 
Government  according  to  the  emergencies  of  the 
time,  whenever  slavery  assumes  a  new  aspect, 
and  arises  from  its  private  and  domestic  charac 
ter  to  become  a  matter  of  national  concern,  and 
imperils  the  safety  and  preservation  of  the  whole 
country.  We  are  not  to  take  our  opinions  as  to 
the  extent  or  limit  of  the  powers  contained  in  the 
Constitution  from  partisans  or  political  parties, 
nor  even  from  the  dicta  of  political  judges.  We 
should  examine  that  instrument  in  the  light  of 
history  and  of  reason  ;  but  when  the  language  is 
plain  and  clear,  we  need  no  historical  researches 
to  enable  us  to  comprehend  its  meaning.  When 
the  interpretation  depends  upon  technical  law, 
then  the  contemporary  law-writers  must  be  con 
sulted.  The  question  as  to  the  meaning  of  the 
Constitution  depends  upon  what  the  people,  the 
plain  people  who  adopted  it,  intended  and  meant 
at  the  time  of  its  adoption. 

AUTHORITATIVE    CONSTRUCTION    OF  THE  MEANING  OF 
THE    CONSTITUTION. 

The  conclusive  authority  on  its  interpretation 
is  the  document  itself.  When  questions  have 
arisen  under  that  instrument,  upon  which  the 
Supreme  Court  have  decided,  and  one  which 
they  had  a  right  to  decide,  their  opinion  is,  for 
the  time  being,  the  supreme  authority,  and  re 
mains  so  until  their  views  are  changed  and  new 
ones  announced  ;  and  as  often  as  the  Supreme 
Court  change  their  judgments,  so  often  the  au 
thoritative  interpretation  of  the  Constitution 
changes.  The  Supreme  Court  have  the  right  to 
alter  their  opinions  every  time  the  same  question 
is  decided  by  them ;  and  as  new  Judges  must 
take  the  place  of  those  whose  offices  are  vacated 
by  death,  resignation,  or  impeachment,  it  is  not 
unlikely  that  opinions  of  the  majority  of  the 
Court  may,  upon  constitutional  as  well  as  upon 
other  questions,  be  sometimes  on  one  side  and 
sometimes  on  the  other. 

Upon  political  discussions,  such  as  were  in 
volved  in  the  Dred  Scott  case,  the  judges  are 
usually  at  variance  with  each  other ;  and  the 
view  of  the  majority  will  prevail  until  the  major 
ity  is  shifted.  The  judges  are  not  legally  bound 
to  adhere  to  their  own  opinions,  although  liti 
gants  in  their  courts  are.  Whenever  the  major 
ity  of  the  court  has  reason  to  overrule  a  former 
decision,  they  not  only  have  the  right,  but  it  is 
their  duty  to  do  so. 

The  opinions  of  the  framers  of  the  Constitu- 

*  See  LutTier  v.  Harden,  1  How. 


tion  are  not  authority,  but  are  resorted  to  for  % 
more  perfect  understanding  of  the  meaning  they 
intended  to  convey  by  the  words  they  used  ;  but 
after  all,  the  words  should  speak  for  themselves ; 
for  it  was  the  language  in  which  that  instrument 
was  worded  that  was  before  the  people  for  dis 
cussion  and  adoption.  We  must  therefore  go 
back  to  that  original  source  of  our  supreme  law, 
and  regard  as  of  no  considerable  authority  the 
platforms  of  political  parties  who  have  attempted 
to  import  into  the  Constitution  powers  not  au 
thorized  by  fair  interpretation  of  its  meaning/ 
or  to  deny  the  existence  of  those  powers  which 
are  essential  to  the  perpetuity  of  the  Govern 
ment. 

A  political  party  may  well  waive  a  legal  con 
stitutional  right,  as  matter  of  equity,  comity,  or 
public  policy  ;  and  this  waiver  may  take  the  form 
of  a  denial  of  the  existence  of  the  power  thus 
waived.  In  this  manner  Mr.  Douglas  not  merely 
waived,  but  denied,  the  power  of  Congress  to 
interfere  with  slavery  in  the  Territories  ;  and  in 
the  same  way  members  of  the  Republican  party 
have  disclaimed  the  right,  in  time  of  peace,  to 
interfere  with  slavery  in  the  States  ;  but  such 
disclaimers,  made  for  reasons  of  state  policy,  are 
not  to  be  regarded  as  enlarging  or  diminishing 
the  rights  or  duties  devolved  on  the  departments 
of  Government,  by  a  fair  and  liberal  interpreta 
tion  of  all  the  provisions  of  the  Constitution. 

Rising  above  the  political  platforms,  the  claims 
and  disclaimers  of  Federalists,  Democrats,  Whigs, 
Republicans,  and  all  other  parties,  and  looking 
upon  the  Constitution  as  designed  to  give  the 
Government  made  by  the  people  for  the  people 
the  powers  necessary  to  its  own  preservation  and 
to  the  enforcement  of  its  laws,  it  is  not  possible 
justly  to  deny  the  right  of  Government  to  inter 
fere  with  slavery,  Mormonism,  or  any  other  in 
stitution,  condition,  or  social  status  into  which 
the  subjects  of  the  United  States  can  enter, 
whenever  such  interference  becomes  essential  as 
a  means  of  "  public  welfare  or  common  defence 
in  time  of  war."  * 

MILITARY    ARRESTS    IN    TIME    OF   WAR. 

THE  people  of  America,  educated  to  make  their 
own  laws,  and  to  respect  and  abide  by  them, 
having  made  great  sacrifices  in  olden  times  to 
acquire  and  maintain  civil  liberty  under  the  law, 
and  holding  the  rights  of  every  citizen,  however 
humble,  as  sacred  as  the  rights  of  a  sovereign, 
accustomed  to  an  almost  uninterrupted  tranquil 
lity,  and  to  the  full  enjoyment  of  the  rights  guar 
anteed  by  our  Constitution  and  laws  to  citizens 
in  time  of  peace,  have  been  suddenly  thrown  into 
a  new  and  startling  position.  The  same  Consti 
tution  which  has  guarded  their  rights  in  peace  is 
now  suddenly  wheeled  round  for  their  protection 
against  their  former  associates,  who  have  now 
become  public  enemies.  A  safeguard  to  its 
friends,  it  is  an  engine  of  destruction  to  its  foes. 
Can  it  be  wondered  at  that  the  sudden  transition 
from  their  accustomed  personal  liberty  to  the 

*  In  several  preceding  chapters  other  branches  of  this  subject 
have  been  discussed. 


724 


REBELLION  RECORD,  1862-63. 


stern  restrictions  imperatively  required  by  the 
necessities  of  public  safety,  in  time  of  civil  war, 
should  have  found  many  intelligent  and  patriotic 
men,  unprepared  for  this  great  change,  alarmed 
by  its  consequences,  and  fearful  that  civil  liberty 
itself  might  go  down  by  military  usurpation  ? 

ARRESTS     IN     LOYAL     STATES    REGARDED   WITH 
ALARM. 

The  arrest  by  military  authority  of  enemies 
who  are  still  left  in  the  loyal  States,  and  who  are 
actually  committing,  or  who  entertain  the  will 
and  intention  to  commit,  hostile  acts  tending  to 
obstruct,  impede,  or  destroy  the  military  opera 
tions  of  the  army  or  navy,  and  the  detention  of 
such  persons  for  the  purpose  of  preventing  hos 
tilities,  has  been  looked  upon  with  alarm. 

RIGHT      OF      FREEDOM      FROM     ARREST     CLAIMED     BY 
PUBLIC    ENEMIES. 

And  it  has  happened  that  loyal  and  peaceful 
citizens  have  in  some  instances  made  the  mistake 
of  setting  up  unjustifiable  claims  in  behalf  of 
public  enemies,  and  of  asserting  for  them  the 
privilege  of  freedom  from  military  arrest  or  of 
discharge  from  imprisonment.  Citizens,  meaning 
to  be  loyal,  have  thus  aided  the  public  enemy  by 
striving  to  prevent  the  military  power  of  the 
Government  from  temporarily  restraining  persons 
who  were  acting  in  open  hostility  to  the  country 
in  time  of  war. 

CIVIL   WAR   CHANGES    OUR   LIBERTIES. 

In  time  of  civil  war  every  citizen  must  needs 
be  curtailed  of  some  of  his  accustomed  priv 
ileges. 

The  soldier  and  sailor  give  up  most  of  their 
personal  liberty  to  the  will  and  order  of  their 
commanding  officers. 

The  person  capable  of  bearing  arms  may  be 
enrolled  in  the  forces  of  the  United  States,  and  is 
liable  to  be  made  a  soldier. 

Our  property  is  liable  to  be  diminished  by  un 
usual  taxes,  or  wholly  appropriated  to  public 
use,  or  to  be  destroyed  on  the  approach  of  an 
enemy. 

Trade,  intercourse,  the  uses  to  which  it  is  usu 
ally  lawful  to  put  property  of  all  kinds,  are 
changed  by  war. 

No  civil,  municipal,  constitutional,  or  interna 
tional  right  is  unchanged  by  the  intervention  of 
war. 

Shall  the  person  who  is  disloyal  or  hostile  to 
the  Government  and  country  complain  that  his 
privileges  are  also  modified  in  order  to  protect 
the  country  from  his  own  misconduct  ? 

GENERAL    WAR    POWERS    OF    THE    PRESIDENT. 

Some  remarks  on  the  general  war  powers  of 
the  President  being  essential  to  an  explanation 
of  the  subject  of  military  arrests,  it  has  been 
found  most  convenient  to  reprint  from  a  former 
treatise  the  following  extracts  on  that  subject : 

"  It  is  not  intended  (in  this  chapter*,)  to  ex 
plain  the  general  war  powers  of  the  President. 

*  Chapter  III.,  "  War  Powers  of  the  President,"  etc.,  ante. 


They  are  principally  contained  in  the  Constitu 
tion^  Art.  II.  Sect.  1,  Cl.  1  and  7 ;  Sect.  2,  Cl.  1 ; 
Sect.  3,  01.  1 ;  and  in  Sect.  1,  Cl.  1,  and  by  ne 
cessary  implication  in  Art.  I.  Sect.  9,  Cl.  2.  By 
Art.  II.  Sect.  2,  the  President  is  made  Coni- 
mander-in-Chief  of  the  army  and  navy  of  the 
United  States,  and  of  the  militia  of  the  several 
States  when  called  into  the  service  of  the  United 
States.  This  clause  gives  ample  powers  of  war 
to  the  President,  when  the  army  and  navy  are 
lawfully  in  'actual  service.'  His  military  author 
ity  is  supreme,  under  the  Constitution,  while 
governing  and  regulating  the  land  and  naval 
forces,  and  treating  captures  on  land  and  water 
in  accordance  with  such  rules  as  Congress  may 
have  passed  in  pursuance  of  Art.  I.  Sect.  8,  01. 
11,  14.  Congress  may  effectually  control  the 
military  power,  by  refusing  to  vote  supplies,  or 
to  raise  troops,  and  by  impeachment  of  the  Presi 
dent  ;  but  for  the  military  movements,  and  meas 
ures  essential  to  overcome  the  enemy  —  for  the 
general  conduct  of  the  war — the  President  is  re 
sponsible  to  and  controlled  by  no  other  depart 
ment  of  government.  His  duty  is  to  uphold  the 
Constitution  and  enforce  the  laws,  and  to  respect 
whatever  rights  loyal  citizens  are  entitled  to  en 
joy  in  time  of  civil  war,  to  the  fullest  extent  that 
may  be  consistent  with  the  performance  of  the 
military  duty  imposed  on  him.* 

"  What  is  the  extent  of  the  military  power  of 
the  President  over  the  persons  and  property  of 
citizens  at  a  distance  from  the  seat  of  war  — 
whether  he  or  the  War  Department  may  lawfully 
order  the  arrest  of  citizens  in  loyal  States  on 
reasonable  proof  that  they  are  either  enemies  or 
aiding  the  enemy ;  or  that  they  are  spies  or 
emissaries  of  rebels  sent  to  gain  information  for 
their  use,  or  to  discourage  enlistments  ;  whether 
martial  law  may  be  extended  over  such  places  as 
the  commander  deems  it  necessary  to  guard,  even 
though  distant  from  any  battle-field,  in  order  to 
enable  him  'to  prosecute  the  war  effectually  ; 
whether  the  writ  of  habeas  corpus  may  be  sus 
pended,  as  to  persons  under  military  arrest,  by 
the  President,  or  only  by  Congress,  (on  which 
point  judges  of  the  United  States  courts  dis 
agree  ;)  whether,  in  time  of  war,  all  citizens  are 
liable  to  military  arrest,  on  reasonable  proof  of 
their  aiding  or  abetting  the  enemy,  or  whether 
they  are  entitled  to  practise  treason  until  indicted 
by  some  grand-jury  ;  thus,  for  example,  whether 
Jefferson  Davis,  or  General  Lee,  if  found  in  Bos 
ton,  could  be  arrested  by  militaiy  authority  and 
sent  to  Fort  Warren  ?  Whether,  in  the  midst  of 
wide-spread  and  terrific  war,  those  persons  who 
violate  the  laws  of  war  and  the  laws  of  peace, 
traitors,  spies,  emissaries,  brigands,  bushwhack 
ers,  guerrillas,  persons  in  the  free  States  supply 
ing  arms  and  ammunition  to  the  enemy,  must  all 
be  proceeded  against  by  civil  tribunals  only,  un 
der  forms  and  precedents  of  law,  by  the  tardy 
and  ineffectual  machinery  of  arrests  by  marshals^ 
(who  can  rarely  have  means  of  apprehending 
them,)  and  of  grand-jwn'es,  (who  meet  twice  a 

*  The  effect  of  a  state  of  war,  in  changing  or  modifying  civil 
rights,  is  explained  in  the  "  War  Powers  of  the  President,"  etc, 


DOCUMENTS. 


725 


year,  and  could  seldom  if  ever  seasonably  secure   upon  the  necessities  of  war.     Whatever  compels 
the  evidence  on  which  to  indict  them  ?)  Whether  j  a  resort,  to  war,  compels  the  enforcement  of  the 
government  is  not  entitled   by  military  power  to 
PREVENT  the  traitors  and  spies,  by  arrest  and  im 
prisonment,  from  doing  the  intended  mischief  as 
well  as  to  punish  them  after  it  is  done  ?  Whether 
war  can  be  carried   on   successfully,  without  the 
power  to  save  the  army  and  navy  from  being  be 
trayed  and  destroyed,  by  depriving  any  citizen 
temporarily  of  the  power  of  acting  as  an  enemy, 


whenever  there  is  reasonable  cause  to  suspect 
him  of  being  one  ?  Whether  these  and  similar 
proceedings  are,  or  are  not,  in  violation  of  any 
civil  rights  of  citizens  under  the  Constitution, 
are  questions  to  which  the  answers  depend  on 


the  construction  given  to  the  war  powers  of  the    traitor. 


laws  of  war. 

THE    EXTENT     OF     THE     MEANS    OF    WAR    AS     SHOWN 
BY    THE    NECESSITIES    OF    WAR,    AND    ITS    OBJECTS. 

The  objects  and  purposes  for  which  the  war 
is  inaugurated  required  the  use  of  the  instru 
mentalities  of  war. 

When  the  law  of  force  is  appealed  to,  force 
must  be  sufficiently  untrammelled  to  be  effectual. 
Military  power  must  not  be  restrained  from 
reaching  the  public  enemy  in  all  localities,  under 
all  disguises.  Tn  war  there  should  be  no  asylum 
for  treason.  The  aegis  of  law  should  not  cover  a 


Executive.  Whatever  any  Commander-in-Chief, 
in  accordance  with  the  usual  practice  of  carrying 
on  war  among  civilized  nations,  may  order  his 
army  and  navy  to  do,  is  within  the  power  of  the 
President  to  order  and  to  execute,  because  the 
Constitution,  in  express  terms,  gives  him  the  su 
preme  command  of  both.  If  he  makes  war  upon 


A  public  enemy,  wherever  he  may  be  found, 
ma}r,  if  he  resists,  be  killed  or  captured,  and  if 
captured,  he  may  be  detained  as  a  prisoner. 

The  purposes  for  which  war  is  carried  on  may 
and  must  be  accomplished.  If  it  is  justifiable  to 
commence  and  continue  war,  then  it  is  justifiable 
to  extend  the  operations  of  war  until  they  shall 


a  foreign  nation,  he  should  be  governed  by  the  [  have  completely  attained  the  end  for  which  it 


law  of  nations ;  if  lawfully  engaged  in  civil  war, 
he  may  treat  his  enemies  as  subjects  and  as  bel 
ligerents. 

"  The  Constitution  provides  that  the  govern 
ment  and  regulation  of  the  land  and  naval  forces, 
and  the  treatment  of  captures,  should  be  accord 
ing  to  law  ;  but  it  imposes,  in  express  terms,  no 
other  qualification  of  the  war  power  of  the  Presi 
dent.  It  does  not  prescribe  any  territorial  limits, 
within  the  United  States,  to  which  his  military 
operations  shall  be  restricted  ;  nor  to  which  the 
picket  guards  or  military  officers  (sometimes 
called  provoxt-marshals)  shall  be  confined.  It 
does  not  exempt  any  person  making  war  upon 
the  country,  or  aiding  and  comforting  the  enemy, 
from  being  captured,  or  arrested,  wherever  he 


was  commenced,  by  the  use  of  all  means  em 
ployed  in  accordance  with  the  rules  of  civilized 
warfare. 

And  among  those  means  none  are  more  fa 
miliar  or  more  essential  than  that  of  capturing,  or 
arresting,  and  confining  the  enemy.  Necessity 
arbitrates  the  rights  and  the  methods  of  war. 
Whatever. hostile  military  act  is  essential  to  pub 
lic  safety  in  civil  war  is  lawful. 

POWERS    AND     RESPONSIBILITIES     OF     MILITARY        > 
COMMANDERS. 

"The  law  of  nature  and  of  nations  gives  to 
belligerents  the  right  to  employ  such  force  as 
may  be  necessary  in  order  to  obtain  the  object 
for  which  the  war  was  undertaken."  Bevond 


may  be  found,  whether  within  or  out  of  the  lines  |  this  the  use  of  force  is  unlawful.     This  necessity 
of  any  division  of  the  army.     It  does  not  provide  |  forms  the  limit  of  hostile  operations. 


that  public  enemies,  or  their  abettors,  shall  find 
safe  asylum  in  any  part  of  the  United  States 
where  military  power  can  reach  them.  It  re 
quires  the  President,  as  an  executive  magistrate, 
in  time  of  peace,  to  see  that  the  laws  existing  in 


We  have  the  same  rights  of  war  against  the 
coallies  or  associates  of  an  enemy  as  against  the 
principal  belligerent. 

When  military  forces  are  called  into  service 
for  the  purpose  of  securing  the  public  safety, 


time  of  peace  are  faithfully  executed ;  and  as  j  they  may  lawfully  obey  military  orders  made  by 
Commander-in-Chief,  in  time  of  war,  to  see  that  I  their  superior  officers.  The  Commander-in-Chief 
the  laws  of  war  are  executed.  In  doing  both  !  is  responsible  for  the  mode  of  carrying  on  war. 
duties,  he  is  strictly  obeying  the  Constitution."  He  determines  the  persons  or  people  against 

whom  his  forces  shall  be  used.  He  alone  is  con 
stituted  the  judge  of  the  nature  of  the  exigency, 
of  the  appropriate  means  to  meet  it,  and  of  the 


MARTIAL    LAW    IS    THE    LAW    OF    WAR. 

It  consists  of  a  code  of  rules  and  principles 


regulating  the  rights,  liabilities,  and  duties,  the  hostile  character  or  purposes  of  individuals  whose 
social,  municipal,  and  international  relations  in  i  conduct  gives  him  cause  to  believe  them  public 
time  of  war,  of  all  persons,  whether  neutral  or  j  enemies. 

belligerent.  These  rules  are  liable  to  modifica-  His  right  to  seize,  capture,  detain,  and  impris- 
tion  in  the  United  States  by  statutes,  usually  i  on  sucn  persons  is  as  unquestionable  as  his  right 
termed  "  military  law,"  or  "  articles  of  war,"  and  to  cariT  on  war.  The  extent  of  the  danger  he  is 
the  "rules  and  regulations  made  in  pursuance  j to  provide  against  must  be  determined  by  him: 
^hereof."  he  is  responsible,  if  he  neglects  to  use  the  means 

FOUNDATION  OF  MARTIAL  LAW.  of  meeting  or  avoiding  it, 

I  he  nature  of  the  difficulty  to  be  met,  and  the 

Municipal  law  is  founded  upon  the  necessities   object  to  be  accomplished,  afford  the  true  measure 
of  social  organization.     Martial  law  is  founded ,  and  limit  of  the  use  of  military  powers.     The 

SUP.  Doc.  47 


726 


REBELLION  RECORD,  1862-63. 


military  commander  must  judge  who  the  public 
enemy  are,  where  they  are,  what  degree  of  force 
shall" be  used  against  them,  and  what  warlike 
measures  are  best  suited  to  conquer  the  enemy, 
or  restrain  him  from  future  mischief.  If  the  en 
emy  be  in  small  force,  they  may  be  captured  by 
another  small  force ;  if  the  enemy  be  a  single  in 
dividual,  he  may  be  captured  by  a  provost-guard 
or  marshal.  If  an  officer,  in  the  honest  exercise 
of  his  duty,  makes  a  mistake  in  arresting  a  friend 
instead  of  an  enemy,  or  in  detaining  a  suspicious 
person,  who  may  be  finally  liberated,  he  is  not 
for  such  error  responsible  in  criminal  or  civil 
courts. 

Any  other  rule  would  render  war  impracti 
cable,  and  by  exposing  soldiers  to  the  hazard  of 
ruinous  litigation,  by  reason  of  liability  to  civil 
tribunals,  would  render  obedience  to  orders  dan 
gerous,  and  thus  would  break  down  the  disci 
pline  of  armies. 

ARRESTS   ON   SUSPICION. 

Arrests  or  captures  of  persons  whose  conduct 
gives  reasonable  cause  of  suspicion  that  they  con 
template  acts  of  hostility,  are  required  and  justi 
fied  by  military  and  martial  law.  Such  arrests 
are  precautionary.  The  detention  of  such  sus 
pected  persons  by  military  authority  is,  for  the 
same  reason,  necessary  and  justifiable.* 

Nothing  in  the  Constitution  or  laws  can  define 
the  possible  extent  of  any  military  danger. 
Nothing,  therefore,  in  either  of  them,  can  fix  or 
define  the  extent  of  power  necessary  to  meet  the 
emergency,  to  control  the  military  movements  of 
the  army,  or  of  any  detachments  from  it,  or  of 
any  single  officer,  provost-marshal,  or  private. 

Hence  it  is  worse  than  idle  to  attempt  to  lay 
down  rules  of  law  defining  the  territorial  limits 
of  military  operations,  or  of  martial  law,  or  of 
captures  and  arrests. 

Wherever  danger  arises,  there  should  go  the 
military  means  of  defence  or  safeguard  against  it. 
Wherever  a  single  enemy  makes  his  appearance, 
there  he  should  be  arrested  and  restrained. 

ABUSE    OF   POWER    OF    ARREST. 

The  power  of  arrest  and  imprisonment  is  doubt 
less  liable  to  abuse.  But  the  liability  to  abuse 
does  not  prove  that  the  power  does  not  exist. 
"  There  is  no  power,  says  the  Supreme  Court, 
that  is  not  susceptible  of  abuse.  The  remedy 
for  this,  as  well  as  for  all  other  official  miscon 
duct,  if  it  should  occur,  is  to  be  found  in  the 
Constitution  itself.  In  a  free  government  the 
danger  must  be  remote,  since  in  addition  to  the 
high  qualities  which  the  Executive  must  be  pre 
sumed  to  possess  of  public  virtue,  and  honest  de 
votion  to  the  public  interests,  the  frequency  o 
elections,  and  the  watchfulness  of  the  representa 
tivcs  of  the  nation,  carry  with  them  all  the  checks 
which  can  be  useful  to  guard  against  usurpatioi 
or  wanton  tyranny."! 

*  Luther  vs.  P>orden,  7  Howard's  Supreme  Court  Reports,?.  1 
t  Wheaton's  Reports,  p.  i>2. 


SAFEGUARDS. 

Our  safeguard  against  the  misuse  of  power  ia 
ot,  by  denying  its  existence,  to  deprive  our 
elves  of  its  protection  in  time  of  war,  but  to  rely 
n  the  civil  responsibility  of  the  officer. 

The  right  of  impeachment  of  the  Commander- 
n-Chief,  the  frequent  change  of  public  officers, 
he  control  of  the  army  and  navy  by  the  legisla- 
ive  power  of  Congress,  the  power  of  Congress 
ver  supplies,  the  power  of  Congress  to  make 
aws  regulating  and  controlling  the  use  of  mili- 
ary  power  wherever  it  is  liable  to  abuse,  the 
act  that  theCommander-in-Chief  is  also  President 
,nd  chief  executive  officer  of  government,  and 
he  great  intelligence  and  high  character  of  our 
•oldiers,  are  all  safeguards  against  arbitrary 
)ower,  or  the  abuse  of  legal  authority. 

EFFECT    OF    WAR    UPON    THE    COURTS    AND  OF  COURTS 
UPON    THE    WAR. 

Justice  should  rule  over  the  deadly  encounters 
of  the  battle-field  ;  but  courts  and  constables 
ire  there  quite  out  of  place.  Far  from  the  cen- 
res  of  active  hostilities,  judicial  tribunals  may 
still  administer  municipal  law,  so  long  as  their 
)roceedings  do  not  interfere  with  military  opera- 
ions.  But  if  the  members  of  a  court  should 
mpede,  oppose,  or  interfere  with  military  opera- 
ions  in  the  field,  whether  acting  as  magistrates 
or  as  individuals,  they,  like  all  other  public  ene 
mies,  are  liable  to  capture  and  imprisonment  by 
martial  law.  They  have  then  become  a  belliger- 
nt  enemy. 

The  character  of  their  actions  is  to  be  deter 
mined  by  the  military  commander ;  not  by  the 
parchment  which  contains  their  commissions. 
A  judge  may  be  a  public  enemy  as  effectually  as 
any  other  citizen.  The  rebellious  districts  show 
many  examples  of  such  characters.  Is  a  judge 
sitting  in  a  Northern  court,  and  endeavoring  to 
commit  acts  of  hostility  under  the  guise  of  ad 
ministering  law,  any  less  a  public  enemy  than  if 
he  were  holding  court  in  South-Carolina,  and 
pretending  to  confiscate  the  property  of  loyal 
men  ?  Are  the  black  gown  and  wig  to  be  the 
protection  of  traitors  ? 

General  Jackson  arrested  a  judge  in  the  war 
of  1812,  kept  him  in  prison  in  order  to  prevent 
his  acts  of  judicial  hostility,  and  liberated  him 
when  he  had  repulsed  the  enemy.  The  illegal 
fine  imposed  on  him  by  that  judge  was  repaid  to 
the  General  after  many  years  under  a  vote  of 
Congress.  Why  should  a  judge  be  protected 
from  the  consequences  of  his  act  of  hostility 
more  than  the  clergyman,  the  lawyer,  or  the 
governor  of  a  State  ? 

The  public  safety  must  not  be  hazarded  by 
enemies,  whatever  position  they  may  hold  in 
public  or  private  life.  The  more  eminent  their 
position,  the  more  dangerous  their  disloyalty. 

Among  acts  of  hostility  which  constitute 
judges  public  enemies,  and  subject  them  to  ar 
rest,  are  these : 

1.  When  a  State  judge  is  judicially  apprised 
that  a  party  is  in  custody  under  the  authority  of 


DOCUMENTS. 


V2', 


the  United  States,  he  can  proceed  no  further, 
under  a  habeas  corpus  or  other  process,  to  dis 
charge  the  prisoner. 

If  he  orders  the  prisoner  to  be  discharged,  it 
is  the  duty  of  the  officer  holding  the  prisoner  to 
resist  that  order,  and  the  laws  of  the  United 
States  will  sustain  him  in  doing  so,  and  in  ar 
resting  and  imprisoning  the  judge,  if  necessary.* 

2.  So  long  as  the  courts  do  not  interfere  with 
military  operations  ordered  by  the  Commander- 
in-Chief,  litigation  may  proceed  as  usual  ;  but  if 
that  litigation  entangles  and  harasses  the  soldiers 
or  the  officers  so  as  to  disable  them  from  doing 
their  military  duty,  the  judges  and  the  actors 
being  hostile,  and  using  legal  processes  for  the 
purpose  and  design  of  impeding  and  obstructing 
the  necessary  military  operations  in  time  of  war, 
the  courts  and  lawyers  are  liable  to  precaution 
ary  arrest  and  confinement,  whether  they  have 
committed  a  crime  known  to  the  statute  law  or 
not.  Military  restraint  is  to  be  used  for  the  pre 
vention  of  hostilities,  and  public  safety  in  time 
of  civil  war  will  not  permit  courts  or  constables, 
colleges  or  slave-pens,  to  be  used  as  instruments 
of  hostility  to  the  country. 

When  a  traitor  is  seized  in  the  act  of  commit 
ting  hostility  against  the  country,  it  makes  no 
difference  whether  he  is  captured  in  a  swamp  or 
in  a  court-house,  or  whether  he  has  in  his  pocket 
the  commission  of  a  judge  or  a  colonel. 

Commanders  in  the  field  are  under  no  obliga 
tions  to  take  the  opinions  of  judges  as  to  the 
character  or  extent  of  their  military  operations, 
nor  as  to  the  question  who  are  and  who  are  not 
public  enemies,  nor  who  have  and  who  have  not 
given  reasonable  cause  to  believe  that  acts  of 
hostility  are  intended.  These  questions  are,  by 
the  paramount  laws  of  war,  to  be  settled  by  the 
officer  in  command. 

MILITARY    ARRESTS     ARE     NOT    FORBIDDEN    BY     THE 
CONSTITUTION. 

The  framers  of  the  Constitution  having  given  to 
the  Commander-in-Chief  the  full  control  of  the 
army  when  in  active  service,  subject  only  to  the 
articles  of  war,  have  therefore  given  him  the  full 
powers  of  capture  and  arrest  of  enemies,  and 
have  placed  upon  him  the  corresponding  obliga 
tion  to  use  any  and  all  such  powers  as  may  be 
proper  to  insure  the  success  of  our  arms.  To 
carry  on  war  without  the  power  of  capturing  or 
arresting  enemies  would  be  impossible.  We 
should  not,  therefore,  expect  to  find  in  the  Con 
stitution  any  provision  which  would  deprive  the 
country  of  any  means  of  self-defence  in  time  of 
unusual  public  danger. 

We  look  in  vain  in  the  Constitution  for  a 
clause  which  in  any  way  limits  the  methods  of 
using  war  powers  when  war  exists. 

Some  persons  have  turned  attention  to  certain 
passages  in  the  amendments  relating,  as  was 
supposed,  to  this  subject.  Let  us  examine 
them : 

ARTICLE  IV.  "  The  right  of  the  people  to  be 

*  Ableman  vs.  Booth,  21  How.  524-5. 


secure  in  their  persons,  houses,  papers,  an<rf 
effects  against  unreasonable  searches  and  seiz 
ures  shall  not  be  violated." 

This  amendment  merely  declares  that  the  right 
of  being  secure  against  UNREASONABLE  seizures 
or  arrests  shall  not  be  violated.  It  does  not  de 
clare  that  NO  ARRESTS  shall  be  made.  Will  any 
one  deny  that  it  is  reasonable  to  arrest  or  cap 
ture  the  person  of  a  public  enemy  ? 

If  all  arrests,  reasonable  or  unreasonable,  were 
prohibited,  public  safety  would  be  disregarded  in 
favor  of  the  rights  of  individuals. 

Not  only  may  military  but  even  civil  arrests 
be  made  when  reasonable. 

ARRESTS    WITHOUT   WARRANT. 

It  is  objected  that  military  arrests  are  made 
without  warrant.  The  nrilitary  order  is  the  war 
rant  authorizing  arrest,  issuing  from  a  command 
er,  in  like  manner  as  the  judicial  order  is  the 
warrant  authorizing  arrest,  issuing  from  a  court. 
But  even  civil  arrests  at  common  law  may  be 
made  without  warrant  by  constables,  or  by  pri 
vate  persons.  (1  Chitty,  C.  L.,  15  to  22.)  There 
is  a  liability  to  fine  and  imprisonment  if  an 
offender  is  voluntarily  permitted  to  escape  by  a 
person  present  at  the  commission  of  a  felony  or 
the  infliction  of  a  dangerous  wound. 

Whenever  there  is  probable  ground  of  suspi 
cion  that  a  felony  has  been  committed,  a  private 
person  may,  without  warrant,  arrest  the  felon,  and 
probable  cause  will  protect  the  captor  from  civil 
liability. 

"  When  a  felony  has  been  committed,  a  con 
stable  may  arrest  a  supposed  offender  on  in 
formation  without  a  positive  charge,  and  without 
a  positive  knowledge  of  the  circumstances."  And 
Chitty  says,  page  217:  "A  constable  may  justify 
an  imprisonment,  without  warrant,  on  a  reason 
able  charge  of  felony  made  to  him,  although  he 
afterward  discharge  the  prisoner  without  taking 
him  before  a  magistrate,  although  it  turns  out 
that  no  felony  was  committed  by  any  one." 

In  Wakely  w.  Hart,  6  Binney,  318,  Chief-Jus 
tice  Tilghman  says  of  the  Constitution  of  Penn 
sylvania,  which  is  nearly  in  the  same  words  on 
this  subject  as  the  Constitution  of  the  United 
States  : 

"  The  plaintiff  insists  that  by  the  constitution 
of  this  State  no  arrest  is  lawful  without  warrant 
issued  on  probable  cause,  supported  by  oath. 
Whether  this  be  the  true  construction  of  the 
Constitution  is  the  main  point  in  the  case.  It  is 
declared  in  the  9th  article,  section  7,  '  that  the 
people  shall  be  secure  in  their  persons,  houses,  pa 
pers,  and  possessions,  from  unreasonable  arrests, 
and  that  no  warrant  to  search  any  place,  or  seize 
any  person  or  thing,  shall  issue  without  describ 
ing  them  as  nearly  as  may  be,  nor  without  prob 
able  cause,  supported  by  oath  or  affirmation.' 

"  The  provisions  of  this  section,  so  far  as  con 
cern  warrants,  only  guard  against  their  abuse  by 
issuing  them  without  good  cause,  and  in  so  gen 
eral  and  vague  a  form  as  may  put  it  in  the  power 
of  officers  who  execute  them  to  harass  innocent 
persons  under  pretence  of  suspicion  •  for,  if  gen- 


723 


REBELLION  RECORD,  1862-63. 


eral  warrants  were  allowed,  it  must  be  left  to  the 
discretion  of  the  officer  on  what  persons  or 
things  they  are  to  be  executed.  But  it  is  no 
where  said  that  there  shall  be  no  arrest  without 
warrant.  To  have  said  so  would  have  endan 
gered  the  safety  of  society.  The  felon  who  is 
seen  to  commit  murder  or  robbery  must  be  ar 
rested  on  the  spot,  or  suffered  to  escape.  So, 
although  if  not  seen,  yet  if  known  to  have  com 
mitted  a  felony,  and  pursued  with  or  without 
warrant,  he  may  be  arrested  by  any  person. 

"  And  even  where  there  is  only  probable  cause 
of  suspicion,  a  private  person  may,  without  war 
rant,  at  his  peril,  make  the  arrest.  I  say  at  his 
peril,  for  nothing  short  of  proving  the  felony  will 
justify  the  arrest ;"  (that  is  b}^  a  private  person 
on  suspicion.)  "  These  principles  of  common 
law  are  essential  to  the  welfare  of  society,  and 
not  intended  to  be  altered  or  impaired  by  the 
Constitution." 

The  right,  summarily,  to  arrest  persons  in  the 
act  of  committing  heinous  crimes  has  thus  been 
sanctioned  from  ancient  times  by  the  laws  of 
England  and  America.  No  warrant  is  required 
to  justify  arrests  of  persons  committing  felonies. 
The  right  to  make  such  arrests  is  essential  to 
the  preservation  of  the  existence  of  society, 
though  its  exercise  ought  to  be  carefully  guarded. 
The  great  problem  is  to  reconcile  the  necessities 
of  government  with  the  security  of  personal  lib 
erty. 

If,  in  time  of  peace,  civil  arrests  for  felonies 
may  be  made  by  private  citizens  without  warrant, 
a  fortiori,  military  arrests  in  time  of  war  for 
acts  of  hostility,  either  executed  or  contemplated, 
may  be  made  under  the  warrant  of  a  military 
command.  And  the  provision  that  unreasonable 
seizures  or  arrests  are  prohibited  has  no  applica 
tion  to  military  arrests  in  time  of  war. 

OBJECTION     THAT     ARRESTS      ARE      MADE      WITHOUT 
INDICTMENT. 

The  5th  article  of  the  amendments  of  the  Con 
stitution  provides  that : 

"  No  person  shall  be  held  to  answer  for  a  cap 
ital,  or  otherwise  infamous  crime,  unless  on  a 
presentment  or  indictment  of  a  grand-jury,  ex 
cept  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  militia  when  in  actual  service  in  time 
of  war  or  public  danger;  nor  shall  any  person  be 
subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb  ;  nor  shall  he  be  com 
pelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  prop 
erty,  without  due  process  of  law  ;  nor  shall 
private  property  be  taken  for  public  use  without 
just  compensation." 

This  article  has  no  reference  to  the  rights  of 
citizens  under  the  exigencies  of  war,  but  relates 
only  to  their  rights  in  time  of  peace.  It  is  pro 
vided  that  no  person  shall  be  subject  for  the 
same  offence  to  be  twice  put  in  jeopardy  of  life 
or  limb.  If  rebellion  or  treason  be  one  of  the 
offences  here  alluded  to,  and  a  rebel  has  been 
once  under  fire,  and  thus  been  put  in  jeopardy 
of  life  or  limb,  (in  one  se.nse  of  that  phrase,)  he 


I  could  not  be  fired  at  a  second  time  without  vio> 
lating  the  Constitution,  because  a  second  shot 
would  put  him  twice  in  jeopardy  for  the  same 
offence. 

"Nor  shall  he  be  deprived  of  life,  liberty,  OP 
property  without  due  process  of  law."  If  this 
provision  relates  to  the  rights  of  citizens  in  time 
of  war,  it  is  obvious  that  no  property  can  be 
captured,  no  rebel  killed  in  battle  or  imprisoned 
by  martial  law. 

The  claim  that  "no  person  shall  be  held  to 
answer  for  a  capital  or  otherwise  infamous  crime, 
unless  upon  a  presentment  or  indictment  of  a 
grand-jury,  except  in  cases,"  etc.,  in  like  man 
ner  applies  only  to  the  rights  of  citizens  in  time 
of  peace. 

What  are  "  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia,  when  in  actual  service  in 
time  of  war  or  public  danger  "  ? 

Suppose  the  Union  forces  arrest  a  spy  from 
the  enemy's  camp,  or  catch  a  band  of  guerrillas, 
neither  the  spy  nor  the  guerrillas  belong  to  OUR 
land  forces  or  navy.  The  enemy  are  no  part  of 
our  forces  or  of  our  militia  ;  and  while  this  pro 
vision  covers  offences  therein  specified,  if  com 
mitted  by  our  troops,  and  allows  them  to  be 
dealt  with  by  martial  law,  it  would  (if  it  is  ap 
plicable  in  time  of  war)  prevent  our  executing 
martial  law  against  such  enemies  captured  in  war. 
We  should,  under  such  a  construction,  be  re 
quired  to  indict  and  prosecute  our  enemy  for 
capital  crimes,  instead  of  capturing  and  treating 
them  as  prisoners  of  war,  or  punishing  them  ac 
cording  to  the  laws  of  war. 

The  absurdity  of  such  a  construction  is  ob 
vious.  The  language  is  inapplicable  to  a  case  of 
military  arrest  in  war-time.  No  soldier  is  held 
to  answer  for  a  crime ;  he  is  captured  as  a  pris 
oner  of  war,  to  be  released,  paroled,  or  ex 
changed.  He  is  never  expected  to  answer  to  any 
indictment ;  prisoners  of  war  are  not  indicted. 

Nor  can  any  prisoner  be  held  to  answer  for  any 
crime  unless  upon  a  charge  of  such  crime  made 
before  some  tribunal.  No  such  charge  is  made 
against  prisoners  of  wrar,  nor  are  they  charged 
with  any  crime,  infamous  or  otherwise,  and  there 
fore  they  are  not  held  to  answer  any. 

Hence  that  clause  in  the  Constitution  which 
provides  for  trial  by  jury,  the  right  to  be  in 
formed  of  the  nature  and  cause  of  the  accusation, 
etc.,  relates  in  express  terms  only  to  criminal 
prosecutions,  and  has  nothing  to  do  with  mili 
tary  arrests  or  the  procedures  of  martial  law. 

Therefore  it  is  obvious  that  while  criminal  pro 
ceedings  against  persons  not  in  the  naval  or  mil 
itary  service  are  guarded  in  time  of  peace,  and 
the  outposts  of  justice  are  secured  by  freedom 
from  unreasonable  arrests,  and  in  requiring  in 
dictment  to  be  found  by  grand-jurors,  speedy 
and  public  trial  by  an  impartial  jury,  information, 
of  the  nature  of  the  charges,  open  examination 
of  witnesses,  and  aid  of  counsel,  etc.,  all  these 
high  privileges  are  not  accorded  to  our  public  en 
emy  in  time  of  war,  nor  to  those  citizens  who 
commit  military  offences,  which,  not  being  against 
any  statute  or  municipal  law,  cannot  be  tha 


DOCUMENTS. 


728 


foundation  of  any  indictment,  punishment,  or 
trial  by  jury,  and  do  not  constitute  any  capital  or 
otherwise  infamous  crime,  or  to  persons  who 
commit  acts  which  impede,  embarrass,  and  tend 
to  thwart  the  military  measures  of  the  govern 
ment. 

The  safeguards  of  criminal  procedures  in 
courts  of  justice  in  time  of  peace  are  not  to  be 
construed  into  protection  of  public  enemies  in 
time  of  war. 

THE  CONSTITUTION  SANCTIONS    MILITARY  ARRESTS. 

The  Constitution  itself  authorizes  courts-mar 
tial.  These  courts  punish  for  offences  different 
from  those  provided  for  by  any  criminal  statute. 
Therefore  it  follows  that  crimes  not  against  statute 
laws  may  be  punished  by  law  according  to  the 
Constitution,  and  also  that  arrests  necessary  to 
bring  the  offenders  before  that  tribunal  are  law 
ful. 

In  Dynes. vs.  Hoover,*  the  evidence  was  that 
an  attempt  had  been  made  to  hold  a  marshal  lia 
ble  for  executing  the  order  of  the  President  of 
the  United  States,  in  committing  Dynes  to  the 
penitentiary  for  an  offence  of  which  he  had  been 
adjudged  guilty  by  a  naval  court-martial. 

This  case  shows  that  the  crimes  to  be  punish 
ed,  and  the  modes  of  procedure  by  courts-mar 
tial  are  different  from  those  punished  by  civil 
tribunals  ;  that  the  jurisdiction  of  these  classes 
of  tribunals  is  distinct,  and  that  the  judicial 
power  and  the  military  power  of  courts-martial 
are  independent  of  eac/i  other,  and  both  author 
ized  by  the  same  Constitution,  and  courts  mar 
tial  may  punish  offences  other  than  those  pro 
vided  for  by  criminal  statutes.  And  if  they  may 
do  so,  it  follows  that  persons  may  be  arrested  for 
such  offences.  The  law  is  laid  down  by  the 
court  as  follows : 

"  The  demurrer  admits  that  the  court-martial 
was  legally  organized,  and  that  the  crime  charged 
was  one  forbidden  by  law  ;  that  the  court  had  ju 
risdiction  of  the  charge  as  it  was  made  ;  that  a 
trial  took  place  before  the  court  upon  the  charge, 
and  the  defendant's  plea  of  not  guilty ;  and  that, 
upon  the  evidence  in  the  case,  the  court  found 
Dynes  guilty  of  an  attempt  to  desert,  and  sen 
tenced  him  to  be  punished  as  has  been  already 
stated ;  that  the  sentence  of  the  court  was  ap 
proved  by  the  Secretary,  and  by  his  direction 
Dynes  was  brought  to  Washington ;  and  that  the 
defendant  was  marshal  for  the  District  of  Colum 
bia,  and  that  in  receiving  Dynes,  and  commiting 
him  to  the  keeper  of  the  penitentiary,  he  obeyed 
the  orders  of  the  President  of  the  United  States 
in  execution  of  the  sentence.  Among  the  pow 
ers  conferred  upon  Congress  by  the  eighth  sec 
tion  of  the  first  article  of  the  Constitution  are 
the  following  :  k  To  provide  and  maintain  a 
navy  ;'  '  to  make  rules  for  the  government  of 
the  land  and  naval  forces.'  And  the  eighth 
amendment,  which  requires  a  presentment  of  a 
grand  jury  in  cases  of  capital  or  otherwise  in 
famous  crime,  expressly  excepts  from  its  opera- 

*  20  Howard's  Supreme  Court  Reports,  page  65. 


tion  '  cases  arising  in  the  land  or  naval  forces. 
And  by  the  second  section  of  the  second  article 
of  the  Constitution,  it  is  declared  that  'the  Pres 
ident  shall  be  Comrnander-in-Chief  of  the  Army 
and  Navy  of  the  United  States,  and  of  the  mili 
tia  of  the  several  States,  when  called  into  the 
actual  service  of  the  United  States.' 

"These  provisions  show  that  Congress  has  the 
power  to  provide  for  the  trial  and  punishment 
of  military  and  naval  officers  in  the  manner  then 
and  now  practised  by  civilized  nations,  and  that 
the  power  to  do  so  is  given  without  any  connec 
tion  between  it  and  the  third  article  of  the  Con 
stitution,  defining  the  judicial  power  of  the 
United  States  ;  indeed,  that  the  two  powers  are 
entirely  independent  of  each  other.'1'' 

The  fact  that  the  power  exists  of  suspending 
the  writ  of  habeas  corpus  in  time  of  rebellion, 
when  the  public  safety  requires  it,  shows  that 
the  framers  of  the  Constitution  expected  that 
arrests  would  be  made  for  crimes  not  against 
municipal  law,  and  that  the  administration  of 
the  ordinary  rules  of  law  on  habeas  corpus  would 
require  discharge  of  prisoners,  and  that  such 
discharge  might  endanger  public  safety.  It  was 
to  protect  public  safety  in  time  of  rebellion  that 
the  right  to  suspend  the  habeas  corpus  was  left 
in  the  power  of  Government. 

MILITARY    POWERS    MAY   DE    DELEGATED. 

In  the  course  of  the  preceding  remarks,  the 
Commander-in-Chief  has  been  the  only  military 
authority  spoken  of  as  authorized  to  order  arrests 
and  seizures.  His  powers  may  be  delegated  to 
officers,  and  may  be  exercised  by  them  under 
bis  command.  So  also  the  Secretaries  of  War 
and  State  are  public  officers,  through  whom  the 
President  acts  in  making  orders  for  arrests,  and 
their  acts  are  in  law  the  acts  of  the  President. 
It  is  necessary  to  the  proper  conduct  of  war  that 
many  if  not  most  of  the  powers  of  the  President 
or  commander  should  be  exercised  by  his  Secre- 
;aries  and  his  generals,  and  that  many  of  their 
cowers  should  be  executed  by  officers  under 
;hem  ;  and  although  it  not  seldom  happens  that 
subalterns  use  the  powers  of  arrest  and  deten- 
;ion,  }^et  the  inconvenience  resulting  from  this 
'act  is  one  of  the  inevitable  misfortunes  of  war. 

OBEDIENCE    OF    ORDERS    IS    JUSTIFICATION. 

Whatever  military  man  obeys  the  order  of  hig 
superior  officer,  is  justified  by  law  in  doing  so. 
Dbedience  to  orders  is  a  part  of  the  law  of  the 
land;  a  violation  of  that  law  subjects  the  soldier 
to  disgraceful  punishment.  Acts  done  in  obedi 
ence  to  military  orders  will  not  subject  the  agent 
to  civil  or  criminal  liability  in  courts  of  law.  But, 
on  the  other  hand,  any  abuse  of  military  author 
ity  subjects  the  offender  to  civil  liability  for  such 
abuse,  and  he  who  authorized  the  wrong  is  re 
sponsible  for  it. 

OFFICERS    MAKING    ARRESTS    NOT    LIABLE    TO    CIVIL 
SUIT  OR  CRIMINAL  PROSECUTION. 

That  military  arrests  are  deemed  necessary  for 
public  safety  by  Congress  is  shown  by  the  Act 


730 


REBELLION   RECORD,  1862-C3. 


of  March  third,  1863,  ch.  81,  wherein  it  is  pro 
vided  that  no  person  arrested  by  authority  of  the 
President  of  the  United  States  shall  be  dis 
charged  from  imprisonment  so  long  as  the  war 
lasts,  and  the  President  shall  see  fit  to  suspend 
the  privilege  of  the  writ  of  habeas  corpus. 

The  fourth  section  of  the  same  Act  provides 
"  that  any  order  of  the  President,  or  under  his 
authority,  made  at  any  time  during  the  existence 
of  this  present  rebellion,  shall  be  a  defence  in 
all  courts  to  any  action  or  prosecution,  civil  or 
criminal,  pending  or  to  be  commenced  for  any 
search,  seizure,  arrest,  or  imprisonment,  made, 
done,  or  committed,  or  acts  omitted  to  be  done 
under  and  by  virtue  of  such  order,  or  under 
color  of  any  law  of  Congress,  and  such  defence 
may  be  made  by  special  plea,  or  under  the  gen 
eral  issue." 

The  same  act  further  provides  that  actions 
against  officers  and  others  for  torts  in  arrests  com 
menced  in  State  courts  may  be  removed  to  cir 
cuit  courts,  and  thence  to  the  Supreme  Court. 
The  jurisdiction  of  State  courts  thereupon  ceases, 
and  the  rights  of  the  defendant  may  be  protected 
by  the  laws  of  the  United  States  administered  by 
the  Supreme  Court.  By  these  provisions  there 
is  secured  protection  for  the  past  and  security  in 
the  future  performance  of  military  and  civil  duties 
under  orders  of  the  President  in  time  of  war ;  and 
the  statute  contains  an  implied  admission  of  the 
necessity  to  public  welfare  of  arrests  for  crimes 
not  against  statutes,  but  endangering  public  safe 
ty,  and  of  imprisotnents  for  offences  not  known 
to  the  municipal  laws,  but  yet  equally  dangerous 
to  the  country  in  civil  war. 

ARBITRARY    POWER    NOT    CONSISTENT    WITH    CONSTI 
TUTIONAL    OR    FREE    GOVERNMENTS. 

The  exercise  of  irresponsible  powers  is  incom 
patible  with  constitutional  government.  Unbridled 
will,  the  offspring  of  selfishness  and  of  arrogance, 
regards  no  rights,  and  listens  to  no  claims  of  rea 
son,  justice,  policy,  or  honor.  Its  imperious  man 
date  being  its  only  law,  arbitrary  power  sucks 
out  the  heart's  blood  of  civil  liberty.  Vindicated 
by  our  fathers  on  many  a  hard-fought  battle-field, 
and  made  holy  by  the  sacrifice  of  their  noblest 
sons,  that  liberty  must  not  be  wounded  or  de 
stroyed  ;  and  in  time  of  peace,  in  a  free  country, 
its  power  should  shelter  loyal  citizens  from  arbi 
trary  arrests  and  unreasonable  seizures  of  their 
persons  or  property. 

TRUE  MEANING  OF  "ARBITRARY"  AS  DISTINGUISHED 

FROM  "DISCRETIONARY." 

What  arrests  are  "arbitrary  ?" 

Among  the  acts  of  war  which  have  been  se 
verely  censured  is  that  class  of  military  captures 
reproachfully  styled  "  arbitrary  "  arrests. 

What  is  the  true  meaning  of  the  word  "arbi 
trary"  ?  When  used  to  characterize  military  ar 
rests  it  means  such  as  are  made  at  the  mere  will 
and  pleasure  of  the  officer,  without  right  and 
without  lawful  authority.  But  powers  are  not 
arbitrary  because  they  may  be  discretionary.  The 


authority  of  judges  is  often  discretionary ;  and 
even  if  discretion  be  governed  by  rules,  the  judge 
makes  his  own  rules  ;  yet  no  one  can  justly  claim 
that  such  judicial  authority  is  arbitrary. 

The  existence  of  an  authority  may  be  unde 
niable,  while  the  mode  of  using  It  may  be  discre 
tionary.  A  power  is  arbitrary  only  when  it  is 
founded  upon  no  rightful  authority,  civil  or  mili 
tary.  It  may  be  within  the  discretion  of  a  com 
mander  to  make  a  military  order ;  to  dictate  its 
terms  ;  to  act  upon  facts  and  reasons  known  only 
to  himself;  it  may  suddenly  and  violently  affect 
the  property,  liberty,  or  life  of  soldiers  or  of  citi 
zens  ;  yet  such  an  order,  being  the  lawful  use  of 
a  discretionary  authority,  is  not  the  exercise  of 
arbitrary  power.  When  such  orders  are  issued 
on  the  field,  or  in  the  midst  of  active  operations, 
no  objection  is  made  to  them  on  the  pretence  that 
they  are  lawless  or  unauthorized,  nor  for  the  rea 
son  that  they  must  be  instantly  and  absolutely 
obeyed. 

The  difference  is  plain  between  the  exercise  of 
arbitrary  power  and  the  arbitrary  exercise  of 
power.  The  former  is  against  law ;  the  latter, 
however  ungraciously  or  inconsiderately  used,  is 
lawful. 

MILITARY    ARRESTS    LAWFUL. 

The  laws  of  war,  military  and  martial,  written 
and  unwritten,  founded  on  the  necessities  of  gov 
ernment,  are  sanctioned  by  the  Constitution°and 
laws,  and  recognized  as  valid  by  the  Supreme 
Court  of  the  United  States. 

Arrests  made  under  the  laws  of  war  are  neither 
arbitrary  nor  without  legal  justification. 

In  Gross  vs.  Harrison,  Judge  Wayne,  deliver 
ing  the  opinion,  (16  Howard,  189,  190,)  says: 

"Early  in  1847  the  President,  as  constitutional 
Commander-in-Chief  of  the  army  and  navy,  au 
thorized  the  military  and  naval  commanders  of 
our  forces  in  California,  to  exercise  the  belligerent 
rights  of  a  conqueror,  and  to  form  a  civil  govern 
ment  for  the  conquered  country,  and  to  impose 
duties  on  imports  and  tonnage  as  military  contri 
butions  for  the  support  of  the  government  and  of 
the  army,  which  had  the  conquest  in  possession. 
No  one  can  doubt  that  these  orders  of  the  Presi 
dent  and  the  action  of  our  army  and  navy  com 
manders  in  California,  in  conformity  with  them, 
was  according  to  the  law  of  arms,"  etc. 

So,  in  Fleming  vs.  Paige,  (9  Howard,  615,) 
Chief-Justice  Taney  says : 

"  The  person  who  acted  in  the  character  of  col 
lector  in  this  instance,  acted  as  such  under  the 
authority  of  the  military  commander  and  in  obe 
dience  to  his  orders  ;  and  the  regulations  he  adopt 
ed  were  not  those  prescribed  by  law,  but  by  the 
President  in  his  character  as  Commander-in- 
Chief." 

It  is  established  by  these  opinions  that  military 
orders,  in  accordance  with  martial  law  or  the  laws 
of  war,  though  they  may  be  contrary  to  municipal 
laws  ;  and  the  use  of  the  usual  means  of  enforc 
ing  such  orders  by  military  power,  including  cap 
ture,  arrest,  imprisonment,  or  the  destruction  of 
life  and  property,  are  authorized  and  sustained 


DOCUMENTS. 


731 


upon  the  firm  basis  of  martial  law,  which  is,  in 
time  of  war,  constitutional  law. 

A  military  arrest  being  one  of  the  recognized 
necessities  of  warfare,  is  as  legal  and  constitu 
tional  a  procedure,  under  the  laws  of  war,  as  an 
arrest  by  civil  authority  by  the  sheriff,  after  the 
criminal  has  been  indicted  by  a  grand-jury  for  a 
statute  offence. 

In  time  of  peace  the  interference  of  military 
force  is  offensive  to  a  free  people.  Its  decrees 
seem  overbearing,  and  its  procedures  violent.  It 
has  few  safeguards  and  no  restraints.  The  genius 
of  republican  government  revolts  against  perma 
nent  military  rule.  Hence  the  suspicions  of  the 
people  are  easily  aroused  upon  any  appearance 
of  usurpation.  It  is  for  this  reason  that  some  op 
ponents  of  the  Government  have  endeavored  to 
cripple  the  war  power  of  the  President  by  mak 
ing  against  him  the  unfounded  pretence  that  mili 
tary  arrests,  a  familiar  weapon  of  warfare,  can  be 
employed  only  at  the  hazard  of  civil  liberty. 

ON    WHAT    GROUND    FORCE    IS    JUSTIFIABLE. 

"When  the  administration  of  laws  is  resisted  by 
an  armed  public  enemy  ;  when  government  is  as 
saulted  or  overthrown  ;  when  magistrate  and 
ruler  are  alike  powerless,  the  nation  must  assert 
and  maintain  its  rights  by  force  of  arms.  Gov 
ernment  must  fight  or  perish.  Self-preservation 
requires  the  nation  to  defend  its  rights  by  mili 
tary  power.  The  right  to  use  military  power 
rests  on  the  universal  law  of  self-defence. 

MARTIAL    LAW. 

When  war  is  waged,  it  ought  not  to  degenerate 
into  unbridled  brutality,  but  it  should  conform 
to  the  dictates  of  justice  and  of  humanity.  Its 
objects,  means,  and  methods  should  be  justifiable 
in  the  forum  of  civilized  and  Christian  nations. 
The  laws  or  rules  which  usually  govern  this  use 
of  force  are  called  military  and  martial  law,  or 
the  laws  of  war. 

Principles  deducible  from  a  consideration  of 
the  nature,  objects,  and  means  of  war  will,  if  un 
derstood,  remove  from  the  mind  the  apprehension 
of  danger  to  civil  liberty,  from  military  arrests 
and  other  employment  of  force.  When  war  ex 
ists,  whateveij  is  done  in  accordance  with  the 
laws  of  war  is  not  arbitrary,  and  is  not  in  dero 
gation  of  the  civil  rights  of  citizens,  but  is  lawful, 
justifiable,  and  indispensable  to  public  safety. 

WAR    POWER    HAS    LIMITS. 

Although  the  empire  of  the  war  power  is  vast, 
yet  it  has  definite  boundaries,  wherein  it  is  su 
preme.  It  overrides  municipal  laws  and  all  do 
mestic  institutions  or  relations  which  impede  or 
interfere  with  its  complete  sway.  It  reigns  un 
controllable  until  its  legitimate  work  is  executed  ; 
but  then  it  lays  down  its  dripping  sword  at  the 
feet  of  Justice,  whose  wrongs  it  has  avenged. 

It  is  not  now  proposed  to  define  the  limits  and 
restrictions  imposed  by  the  laws  of  warfare  upon 
the  general  proceedings  of  belligerents.  It  is  to 
one  only  of  the  usual  methods  of  war  that  atten 


tion  is  now  directed,  namely,  to  the  capture  and 
detention  of  public  enemies. 

ARRESTS    NECESSARY. 

Effectual  hostilities  could  not  be  prosecuted 
without  exercising  the  right  to  capture  and  im 
prison  hostile  persons.  Barbarous  nations  only 
would  justify  the  killing  of  those  who  might  fall 
into  their  power.  It  is  now  too  late  to  question 
the  authority  of  martial  law,  which  sanctions 
the  arrest  and  detention  of  those  who  engage  in 
foreign  or  civil  war.  The  imprisonment  of  such 
persons  is  much  more  important  to  the  public 
safety  in  civil  than  in  international  warfare. 

MILITARY    CRIMES. 

Military  crimes,  or  crimes  of  war,  include  all 
acts  of  hostility  to  the  country,  to  the  govern 
ment,  or  to  any  department  or  officer  thereof; 
to  the  army  or  navy,  or  to  any  person  employed 
therein  ;  provided  that  such  acts  of  hostility  havo 
the  effect  of  opposing,  embarrassing,  defeating, 
or  even  of  interfering  with  our  military  or  naval 
operations  in  carrying  on  the  war,  or  of  aiding, 
encouraging,  or  supporting  the  enemy. 

According  to  the  laws  of  war,  military  arrests 
may  be  made  for  the  punishment  or  prevention 
of  military  crimes. 

DOUBLE    LIABILITY 

Such  crimes  may  or  may  not  be  offences 
against  statutes.  The  fact  that  an  act  of  hostili 
ty  is  against  municipal  as  well  as  martial  law, 
even  though  it  may  subject  the  offender  to  indict 
ment  in  civil  tribunals,  does  not  relieve  him  from 
responsibility  to  military  power. 

To  make  civil  war  against  the  United  States  is 
to  commit  treason.  Such  act  of  treason  renders 
the  traitor  liable  to  indictment  and  condemnation 
in  the  courts,  and  to  capture,  arrest,  or  death  on 
the  field  of  battle.  But  because  a  traitor  may  be 
hung  as  a  criminal  by  the  sheriff,  it  does  not  fol 
low  that  he  may  not  be  captured,  arrested,  or 
shot  as  a  public  enemy  by  the  soldiers. 

An  act  of  hostility  may  thus  subject  the  of 
fender  to  two-fold  liability — first  to  civil,  and 
then  to  military  tribunals.  Whoever  denies  the 
right  to  make  military  arrests,  for  crimes  which 
are  punishable  by  civil  tribunals,  would  necessa 
rily  withhold  one  of  the  usual  and  most  effective 
and  essential  means  of  carrying  on  war.  Who 
ever  restricts  the  right  to  cases  where  crimes 
have  been  committed  in  violation  of  some  special 
statute,  would  destroy  one  of  the  chief  safeguards 
of  public  security  and  defence. 

ACTS    MADE    CRIMINAL    BY    A    STATE  «F    WAR. 

The  quality  of  an  act  depends  on  the  time, 
place,  and  circumstances  under  which  it  is  per 
formed. 

Acts  which  would  have  been  harmless  and  in 
nocent  in  time  of  peace,  become  dangerous,  inju 
rious,  and  guilty  in  time  of  war.  The  rules  and 
regulations  of  "  the  service  "  contain  many  illus 
trations  of  this  fact.  For  a  soldier  to  speak  con 
temptuously  of  a  superior  officer  might,  as  be- 


732 


REBELLION   RECORD,  1862-63. 


tween  two  civilian^  be  a  harmless  or  beneficial 
use  of  "  free  speech,"  but  as  in  time  of  war  such 
"  free  speech  "  might  destroy  discipline,  encour 
age  disobedience  of  orders,  or  even  break  up  the 
confidence  of  the  soldiers  in  their  commanders, 
such  speaking  is  strictly  forbidden,  and  becomes 
a  crime. 

Most  of  the  regulations  which  require  obedi 
ence  to  orders  are  such,  that  disregard  of  them 
would,  in  time  of  peace,  by  civilians,  be  no 
breach  of  law  or  of  morals,  yet  a  breach  of  them 
by  soldiers  becomes  a  moral  and  a  military  crime. 

In  like  manner,  a  citizen  may  commit  acts  to 
which  he  is  accustomed  in  ordinary  times,  but 
which  become  grave  offences  in  time  of  war,  al 
though  not  embraced  in  the  civil  penal  code. 

Actions  not  constituting  any  offence  against 
the  municipal  code  of  a  country,  having  become 
highly  injurious  and  embarrassing  to  military 
operations,  may  and  must  be  prevented  if  not 
punished.  Such  actions,  being  crimes  against 
military  or  martial  law,  or  the  laws  of  war,  can 
be  prevented  only  by  arrest  and  confinement,  or 
destruction  of  the  offender.  If  an  act  which  in 
terferes  with  military  operations  is  not  against 
municipal  law,  the  greater  is  the  reason  for  pre 
venting  it  by  martial  law.  And  if  such  an  action 
cannot  be  punished  nor  prevented  by  civil  or 
criminal  law,  this  fact  makes  stronger  the  neces 
sity  for  preventing  evil  consequences  by  arrest 
ing  the  offender. 

Absence  of  penal  law  imperatively  demands 
application  of  military  preventive  process — that 
is,  ARRESTS. 

ARREST    OF    INNOCENT    PERSONS. 

Innocent  persons  are,  under  certain  circum 
stances,  liable  to  military  arrest  in  time  of  civil 
war.  Suppose  an  army  retreating  from  an  un 
successful  battle,  and  desirous  of  concealing  from 
the  enemy  the  number,  position,  and  directions 
taken  by  the  forces  ;  and  if,  in  order  to  prevent 
these  facts  from  becoming  known  to  their  pursu 
ers,  the  persons  who  are  met  on  the  retreat  are 
captured  and  carried  away,  can  any  one  doubt 
the  right  of  making  such  arrests  ?  However  loy 
al  or  friendly  those  persons  may  be,  yet,  if  seized 
by  a  pursuing  enemy,  they  might  be  compelled 
to  disclose  facts  by  which  the  retreating  army 
could  be  destroyed.  Hence,  when  war  exists, 
and  the  arrest  and  detention  of  even  innocent 
persons  is  essential  to  the  success  of  military 
operations,  such  arrest  and  detention  are  lawful 
and  justifiable. 

Suppose  a  loyal  judge  holding  a  court  in  a 
loyal  Statef  and  a  witness  is  on  the  stand  who 
knows  the  details  of  a  proposed  military  expe 
dition  which  it  would  be  highly  injurious  to  the 
military  operations  of  the  army  or  navy  to  have 
disclosed  or  made  public,  would  any  one  doubt 
the  right  of  the  military  commander  to  stop  the 
trial  on  the  instant,  and,  if  necessary,  to  impris 
on  the  judge  or  the  witness,  to  prevent  be 
trayal  of  our  military  plans  and  expeditions,  so 
that  they  might  come  to  the  knowledge  of  our 
enemy  ? 


The  innocence  of  the  person  who  may  through 
ignorance,  or  weakness,  or  folly,  endanger  the 
success  of  military  expeditions,  does  not  de 
prive  the  military  commander  of  the  power  to 
guard  against  hazard  and  prevent  mischief. 

The  true  principle  is  this  :  the  military  com 
mander  has  the  power,  in  time  of  war,  to  ar 
rest  and  detain  all  persons  who,  by  being  at 
large,  he  has  reasonable  cause  to  believe  will 
impede  or  endanger  the  military  operations  of 
the  country. 

The  true  test  of  liability  to  arrest  is,  therefore, 
not  alone  the  guilt  or  innocence  of  the  party ; 
not  alone  the  neighborhood  or  distance  from  the 
places  where  battles  are  impending ;  not  alone 
whether  he  is  engaged  in  active  hostilities  ;  but 
whether  his  being  at  large  will  actually  tend 
to  impede,  embarrass,  or  hinder  the  l>ona  fide 
military  operations  in  creating,  organizing,  main 
taining,  and  most  effectually  using  the  military 
forces  of  the  country. 

No  other  motive  or  object  for  making  military 
arrests,  except  for  military  crimes,  is  to  be  tol 
erated  ;  no  arrests,  made  under  pretence  of  mil 
itary  power  for  other  objects,  are  lawful  or 
justifiable.  The  dividing  line  between  civil  lib 
erty  and  military  power  is  precisely  here  :  civil 
liberty  secures  the  right  to  freedom  from  arrests 
except  by  civil  process  in  time  of  peace  ;  or  by 
military  power  when  war  exists,  and  the  exigen 
cies  of  the  case  are  such  that  the  arrest  is  re 
quired  in  order  to  prevent  embarrassment  or 
injury  to  the  lonafide  military  operations  of  the 
army  or  navy, 

It  is  not  enough  to  justify  an  arrest  to  say 
that  war  exists,  or  that  it  is  a  time  of  war,  (un 
less  martial  law  is  declared.)  Nor  is  it  necessary 
to  justify  arrests  that  active  hostilities  should  be 
going  on  at  the  place  of  the  arrest.  It  is,  how 
ever,  enough  to  justify  arrests  in  any  locality, 
however  far  removed  from  the  battle-fields  of 
contending  armies,  if  it  is  a  time  of  war,  anc* 
the  arrest  is  required  to  punish  a  military  crime, 
prevent  an  act  of  hostility,  or  even  to  avoid  tl  .e 
danger  that  military  operations  of  any  descriptu  n. 
may  be  impeded,  embarrassed,  or  prevented. 

In  considering  the  subject  of  arrests,  it  mujt 
be  borne  in  mind  that  "  a  person  taken  ar.4 
held  by  the  military  forces,  whether  before,  or 
in,  or  after  a  battle,  or  without  any  battle  at 
all,  is  virtually  a  prisoner  of  war.  No  matter 
what  his  alleged  offence,  whether  he  is  a  rebel, 
a  traitor,  a  spy,  or  an  enemy  in  arms,  he  is  to 
be  held  and  punished  according  to  the  laws  of 
war,  for  these  have  been  substituted  for  the  laws 
of  peace." 

CAUSE    OF    ARREST    CANNOT    BE    SAFELY   DISCLOSED. 

It  cannot  be  expected,  when  Government  finds 
it  necessary  to  make  arrests  for  causes  which 
exist  during  civil  war,  that  the  reasons  for  mak 
ing  such  arrests  should  be  at  once  made  public  \ 
otherwise  the  purpose  for  which  the  arrest  is 
made  might  be  defeated.  Thus,  if  a  conspiracy 
has  been  formed  to  commit  hostilities,  and  one 
conspirator  is  arrested,  publishing  the  facts  mi^ht 


DOCUMENTS. 


733 


enable  other  co-conspirators  to  escape,  and  take 
advantage  of  their  information.  It  may  be  ne 
cessary  to  make  arrests  on  grounds  justifying 
suspicion  of  hostile  intentions,  when  it  might  be 
an  act  of  injustice  to  the  party  suspected,  if  in 
nocent,  to  publish  the  facts  on  which  such  sus 
picions  were  entertained  ;  and  if  guilty,  it  might 
prevent  the  Government  from  obtaining  proof 
against  him,  or  preventing  the  hostile  act.  Un 
der  these  circumstances,  the  safety  of  civil  lib 
erty  must  rest  in  the  honesty,  integrity,  and 
responsibility  of  those  who  have  been  for  the 
time  clothed  with  the  high  powers  of  administer 
ing  the  Government. 

ARRESTS    TO    PREVENT    HOSTILITIES. 

The  best  use  of  armies  and  of  navies  is  not  to 
punish  criminals  for  offences  against  laws,  but  to 
prevent  public  enemies  from  committing  future 
hostilities.  Victory  and  conquest  are  not  for 
revenge  of  wrongs,  but  for  security  of  rights. 
Arch  traitors  and  consummate  villains  are  not 
those  on  whom  the  avenging  sword  is  most 
apt  to  fall,  but  the  dupes  and  victims  of  their 
crimes  are  those  who  oftenest  bear  the  sharp 
catastrophe  of  battles. 

We  arrest  and  hold  an  enemy  not  to  punish, 
but  to  restrain  him  from  acts  of  hostility  ;  we 
hang  a  spy  not  only  to  deter  others  from  com 
mitting  a  similar  offence,  but  chiefly  to  prevent 
his  betraying  us  to  the  enemy. 

We  capture  and  destroy  the  property  even  of 
friends,  if  exposed  in  an  enemy's  country,  not 
to  injure  those  who  wish  us  well,  but  to  with 
draw  their  property  from  liability  to  be  used  by 
our  opponents. 

In  a  defensive  civil  war,  many,  if  not  most, 
military  operations  have  for  their  legitimate  ob 
ject  the  prevention  of  acts  of  hostility. 

In  case  of  foreign  war,  an  act  of  Congress  pro 
vides  that  to  prevent  hostilities  by  aliens  they 
may  be  arrested. 

In  case  of  "  Declared  war  between  the  United 
States  and  any  foreign  nation,  or  of  any  invasion 
or  predatory  incursion  being  attempted  or  threat 
ened  against  any  Territory  of  the  United  States 
by  any  foreign  government,  and  the  President 
shall  make  public  proclamation  of  the  event,  all 
natives,  citizens,  denizens,  or  subjects  of  the 
hostile  nation  or  government,  being  males  of 
the  age  of  fourteen  years  and  upward,  who  shall 
be  within  the  United  States  and  not  actually 
naturalized,  shall  be  liable  to  be  apprehended,  re 
strained,  secured,  and  removed  as  alien  enemies" 
"Power  over  this  subject  is  given  to  the  Pres 
ident,  having  due  regard  to  treaty  stipulations 
by  the  act  of  the  sixth  of  July,  1V98  ;  and  by 
this  act  the  President  was  authorized  to  direct 
the  confinement  of  aliens,  although  such  confine 
ment  was  not  for  the  purpose  of  removing  them 
from  the  United  States,  and  means  were  confer 
red  on  him  to  enforce  his  orders,  and  it  was 
not  necessary  that  any  judicial  means  should  be 
called  in  to  enforce  the  regulations  of  the  Presi 
dent."* 

*  LocMagton  vs.  Smith,  Peters  C.  C.  Rep.  466. 


Thus  express  power  is  given  by  statute  to  the 
President  to  make  military  arrests  of  innocent 
foreign-born  persons  under  the  circumstances 
above  stated,  for  the  purpose  of  preventing  them 
from  taking  part  in  the  contest. 

While  this  ample  authority  is  given  to  the 
Commander-in-Chief  to  arrest  the  persons  of 
aliens  residing  here,  as  a  precautionary  measure, 
a  far  greater  power  over  the  persons  of  our  own 
citizens  is,  for  the  same  reason,  given  to  the  Pres 
ident  in  case  of  public  danger. 

RESTRAINT    OF    LIBERTY    BY    COMPULSORY    MILITARY 
DUTY  EXCEEDS  TEMPORARY  RESTRAINT  BY  ARREST. 

To  prevent  hostilities  in  case  of  threatened 
danger,  the  President  may  call  into  service  the 
army  and  navy  of  the  United  States,  and  the 
militia,  and  thereby  subject  vast  numbers  of  citi 
zens  to  military  duty  under  all  the  severity  of 
martial  law,  whereby  they  are  required  to  act 
under  restraints  more  severe,  and  to  incur  dan 
gers  more  formidable  than  any  mere  arrest  and 
detention  in  a  safe  place  for  a  limited  time. 

The  law  of  Congress  (1795)  provides  that  the 
army  may  be  called  into  actual  service  not  only 
in  cases  of  actual  invasion,  but  when  there  is 
danger  of  invasion.  Such  is  the  power  of  the 
President  under  the  Constitution,  as  interpreted 
by  the  Supreme  Court  of  the  United  States  in 
the  case  of  Martin  vs.  Mott,  12  Wheaton  R.  28. 

The  President  of  the  United  States  is  the  sole 
arbiter  of  the  question  whether  such  danger  ex 
ists,  and  he  alone  can  call  into  action  the  proper 
force  to  meet  the  danger. 

He  alone  is  the  judge  as  to  where  the  danger 
is,  and  he  has  a  right  to  place  his  troops  there, 
in  whatever  State  or  territory  that  danger  is  ap 
prehended.  He  may  issue  orders  to  his  army  to 
take  such  military  measures  as  may,  in  his  judg 
ment,  be  necessary  for  public  safety  ;  whether 
these  measures  require  the  destruction  of  public 
or  private  property,  the  arrest  or  capture  of  per 
sons,  or  other  speedy  and  effectual  military  ope 
rations,  sanctioned  by  the  laws  of  war. 

Such  are  the  principles  settled  in  Martin  vs. 
Mott,*  and  reaffirmed  in  Luther  vs.  Borden,t 
where,  in  a  civil  war  in  a  State,  the  apprehen- 
ion  of  danger,  and  the  right  to  use  military 
Dower  to  prevent  it,  and  to  restrain  the  public 
enemy,  are  held  to  justify  the  violation  of  rights 
of  person  and  property,  invariably  held  sacred 
and  inviolable  in  time  of  peace. 

MILITARY    ARRESTS   MADE    BY  ALL    GOVERNMENTS    IN 
CIVIL  WAR. 

Capture  of  prisoners,  seizures  of  property,  are, 
all  over  the  world,  among  the  familiar  proceed- 
ngs  of  belligerents.  No  existing  government  has 
ever  hesitated,  while  civil  war  was  raging,  to 
make  military  arrests.  Nor  could  warlike  opera 
tions  be  successfully  conducted  without  a  fre 
quent  use  of  the  power  to  take  and  restrain  hos- 
:ile  persons.  Such  is  the  lesson  taught  by  the 
history  of  England  and  France.  While  the  laws 

*  12  Wheaton's  Reports,  page  28. 
t  8  Howard's  Reports,  page  1 


734 


REBELLION  RECORD,  1862-63. 


of  war  place  in  the  hands  of  military  command 
ers  the  power  to  capture,  arrest,  and  imprison 
the  army  of  the  enemy,  it  would  be  unreasona 
ble  not  to  authorize  them  to  capture  a  hostile 
individual,  when  his  going  at  large  would  endan 
ger  the  success  of  military  operations.  To  carry 
on  war  with  no  right  to  seize  and  hold  prisoners 
would  be  as  impracticable  as  to  carry  on  the  ad 
ministration  of  criminal  law  with  no  right  to 
arrest  and  imprison  culprits. 

PECULIAR   NECESSITIES    OF    CIVIL    WAR. 

In  foreign  wars,  where  the  belligerents  are  sep 
arated  by  territorial  boundaries,  or  by  difference 
of  language,  there  is  little  difficulty  in  distin 
guishing  friend  from  foe.  But  in  civil  war,  those 
who  are  now  antagonists  but  yesterday  walked 
in  the  same  paths,  gathered  around  the  same  fire 
side,  worshipped  at  the  same  altar ;  there  is  no 
means  of  separating  friend  from  foe,  except  by 
the  single  test  of  loyalty,  or  hostility  to  the  Gov 
ernment. 

MARKS    OF    HOSTILITY. 

It  is  a  sentiment  of  hostility  which  in  time  of 
war  seeks  to  overthrow  the  Government,  to  crip 
ple  its  powers  of  self-defence,  to  destroy  or  de 
preciate  its  resources,  to  undermine  confidence  in 
its  capacity  or  its  integrity,  to  diminish,  demor 
alize,  or  destroy  its  armies,  to  break  down  confi 
dence  in  those  who  are  intrusted  with  its  mili 
tary  operations  in  the  field. 

He  is  a  public  enemy  who  seeks  falsely  to  ex 
alt  the  motives,  character,  and  capacity  of  armed 
traitors,  to  magnify  their  resources,  to  encourage 
their  efforts  by  sowing  dissensions  at  home,  and 
inviting  intervention  of  foreign  powers  in  our 
affairs,  by  overrating  the  success,  increasing  the 
confidence,  and  strengthening  the  hopes  of  our 
adversary,  and  by  underrating,  diminishing,  and 
weakening  our  own,  seeking  false  causes  of  com 
plaint  against  our  Government  and  its  officers, 
sowing  seeds  of  dissension  and  party  spirit 
among  ourselves,  and  by  many  other  ways  giving 
aid  and  comfort  to  the  enemy — aid  more  valuable 
to  them  than  many  regiments  of  soldiers,  or 
many  millions  of  dollars. 

All  these  ways  and  means  of  aiding  a  public 
enemy  ought  to  be  prevented  or  punished.  But 
the  connections  between  citizens  residing  in  dif 
ferent  sections  of  the  country  are  so  intimate, 
the  divisions  of  opinion  on  political  or  military 
questions  are  so  numerous,  the  balance  of  affec 
tion,  of  interest,  and  of  loyalty  is  so  nice  in 
many  instances,  that  civil  war,  like  that  which 
darkens  the  United  States,  is  fraught  with  pecu 
liar  dangers,  requires  unusual  precautions,  and 
warrants  and  demands  the  most  thorough  and 
unhesitating  measures  for  preventing  acts  of  hos 
tility,  and  for  the  security  of  public  safety. 

WHO  OUGHT  AND  WHO  OUGHT   NOT  TO  BE  ARRESTED. 

All  persons  who  act  as  public  enemies,  and  all 
who  by  word  or  deed  give  reasonable  cause  to 
believe  that  they  intend  to  act  as  such,  may  law 
fully  be  arrested  and  detained  by  military  au 


thority  for  the  purpose  of  preventing  the  conse 
quences  of  their  acts. 

No  person  in  loyal  States  can  rightfully  be  cap. 
tured  or  detained  unless  he  has  engaged,  or  thero 
is  reasonable  cause  to  believe  he  intends  to  en- 
gage,  in  acts  of  hostility  to  the  United  States — 
that  is  to  say,  in  acts  which  may  tend  to  impede 
or  embarrass  the  United  States  in  such  military 
proceedings  as  the  Comrnander-in-Chief  may  se» 
fit  to  institute. 

INSTANCES    OF    ACTS    OF    HOSTILITY. 

Among  hostile  proceedings,  in  addition  to  those 
already  suggested,  and  which  justify  military  ar 
rests,  may  be  mentioned  contraband  trade  with 
hostile  districts,  or  commercial  intercourse  with 
them,  forbidden  by  statutes  or  by  military  or 
ders  ;*  aiding  the  enemy  by  furnishing  them 
with  information  which  may  be  useful  to  them ; 
correspondence  with  foreign  authorities  with  a 
view  to  impede  or  unfavorably  affect  the  negotia 
tions  or  interests  of  the  Government  ;t  enticing 
soldiers  or  sailors  to  desertion  ;  prevention  of  en 
listments  ;  obstruction  to  officers  whose  duty  it 
is  to  ascertain  the  names  of  persons  liable  to  do 
military  duty,  and  to  enrol  them ;  resistance  to 
the  draft,  to  the  organization  or  to  the  move 
ments  of  soldiers  ;  aiding  or  assisting  persons  to 
escape  from  their  military  duty,  by  concealing 
them  in  the  country  or  transporting  'them  away 
from  it. 

NECESSITY  OF    POWER    TO  ARREST,  THOSE  WHO  RESIST 
THE  DRAFT. 

The  creation  and  organization  of  an  army  is 
the  foundation  of  all  power  to  suppress  rebellion 
or  repel  invasion,  to  execute  the  laws,  and  to 
support  the  Constitution  when  they  are  assailed. 

Without  the  power  to  capture  or  arrest  those 
who  oppose  the  draft,  no  army  can  be  raised. 
The  necessity  of  such  arrests  is  recognized  by 
Congress  in  the  seventy-fifth  chapter  of  the  Act 
of  March  third,  1863,  for  "enrolling  the  forces  of 
the  United  States,  and  for  other  purposes"  which 
provides  for  the  arrest  and  punishment  of  those 
who  oppose  the  draft.  This  provision  is  an  es 
sential  part  of  the  general  system  for  raising  an 
army  embodied  in  that  statute. 

Those  citizens  who  are  secretly  hostile  to  the 
Union  may  attempt  to  prevent  the  board  of  en 
rolment  from  proceeding  with  the  draft,  or  may 
refuse,  when  drafted,  to  enter  the  service. 

Military  power  is  called  on  to  aid  the  proceed- 
ngs  by  which  the  army  is  created.  If  the  judi 
ciary  only  is  relied  on,  then  raising  the  army 
must  depend  at  last  on  the  physical  force  which 
the  judiciary  can  bring  forward  to  enforce  its 
mandates  ;  and  so,  if  the  posse  comitatm  is  not 
able  to  overpower  those  opposed  to  draft,  the 
draft  cannot  be  made  according  to  law.  If  the 
draft  is  generally  resisted  in  any  locality,  as  it 
nay  be,  no  draft  can  be  made,  no  law  enforced, 
except  mob  law  and  lynch  law,  unless  military 
jower  is  lawfully  applied  to  arrest  the  criminals. 

*  See  acts  June  18,  1861  ;  May  20,  1862;  and  March  12,  18<J8. 
t  See  act  February  12,  1863,  c'h.  60. 


DOCUMENTS. 


If  the  power  to  raise  an  army  is  denied,  the 
Government  will  be  broken  down  ;  and  because 
we  are  too  anxious  to  secure  the  supposed  rights 
of  certain  individuals,  all  our  rights  will  be  tram 
pled  under  foot. 

TERRITORIAL    EXTENT     OF     MARTIAL    AND    MILITARY 
LAW. 

It  is  said  that  martial  law  must  be  confined  to 
the  immediate  field  of  action  of  the  contending 
armies,  while  in  other  and  remote  districts  the 
martial  law  is  not  in  force.  Let  us  see  the  diffi 
culty  of  this  view. 

Is  martial  law  to  be  enforced  only  where  the 
movements  of  our  enemy  may  carry  it  ? 

Do  we  lose  our  military  control  of  a  district 
when  the  enemy  have  passed  through  and  be 
yond  it? 

Is  there  no  martial  law  between  the  base  of 
operations  of  our  army  and  the  enemy's  lines, 
even  though  it  be  a  thousand  miles  from  one  to 
the  other  ? 

Must  there  be  two  armies  close  to  each  other 
to  introduce  martial  law  ? 

Is  it  not  enough  that  there  is  one  army  in  a  lo 
cality  to  enforce  the  law  ? 

If  a  regiment  is  encamped,  is  there  not  within 
its  lines  martial  law  ? 

If  a  single  file  of  soldiers  is  present  under  a 
commanding  officer,  is  it  not  the  same  ? 

Where  must  the  enemy  be  to  authorize  mar 
tial  law  ? 

Suppose  the  enemy  is  an  army,  a  regiment,  or 
a  single  man,  yet,  be  the  number  of  persons 
more  or  less,  it  is  still  the  enemy. 

Who  is  the  enemy  ?     Whoever  makes  war. 

Who  makes  war  ?  Whoever  aids  and  comforts 
the  enemy.  He  commits  treason.  He  makes 
war. 

A  raid  into  a  Northern  State  with  arms,  is  no 
more  an  act  of  hostility  than  a  conspiracy  to  aid 
the  enemy  in  the  Northern  States  by  Northern 
men. 

All  drafts  of  soldiers  are  made  in  places  re 
mote  from  the  field  of  conflict.  If  no  arrest  can 
be  made  there,  then  the  formation  of  the  army 
can  be  prevented. 

Can  a  spy  be  arrested  by  martial  law  ?  For 
merly  there  was  no  law  of  the  United  States 
against  spies  outside  of  camps.  There  was  noth 
ing  but  martial  law  against  them.  A  spy  from 
the  rebel  army,  no  one  could  doubt,  should  be 
arrested.  Why  should  not  a  spy  from  the  North 
ern  States  be  arrested  ? 

Thus  it  is  obvious  that  the  President,  if  de 
prived  of  the  power  to  seize  or  capture  the  ene 
my,  wherever  they  may  be  found,  whether  re 
mote  from  the  field  of  hostilities  or  near  to  it, 
cannot  effectually  suppress  the  rebellion. 

Where  is  the  limit  to  which  the  military  power 
of  the  commander  of  the  army  must  be  confined 
in  making  war  upon  the  enemy  ?  Wherever 
military  operations  are  actually  extended,  there 
is  martial  law. 

Whenever  a  person  is  helping  the  enemy,  then 
Vio  n>ay  ha  taken  as  an  enemy  ;  whenever  a  cap 


ture  is  made,  there  war  is  going  on,  there  martia* 
law  is  inaugurated,  so  far  as  that  capture  is  con 
cerned. 

Stonewall  Jackson,  it  is  said,  visited  Baltimore 
a  few  months  since  in  disguise.  While  there, 
it  is  not  known  that  he  committed  any  breach  of 
the  laws  of  Maryland  or  of  the  United  States. 
Could  he  not  have  been  captured,  if  he  had  been 
caught,  by  the  order  of  the  President  ?  If  cap 
tured,  could  the  State  court  of  Maryland  have 
ordered  him  to  be  surrendered  to  its  judge,  and 
so  turned  loose  again  ? 

HABEAS     CORPUS. 

The  military  or  executive  power  to  prevent 
prisoners  of  war  from  being  subject  to  discharge 
by  civil  tribunals,  or,  in  other  words,  the  power 
to  suspend,  as  to  these  prisoners,  the  privilege  of 
habeas  corpus,  is  an  essential  means  of  suppress 
ing  the  rebellion  and  providing  for  the  public 
safety,  and  is  therefore,  by  necessary  implica 
tion,  conferred  by  the  Constitution  on  that  de 
partment  of  government  to  which  belongs  the 
duty  of  suppressing  rebellion  by  force  of  arms  in 
time  of  war.  In  times  of  civil  war  or  rebellion,  it 
is  the  duty  of  the  President  to  call  out  the  army 
and  navy  to  suppress  it.  To  use  the  army  ef 
fectually  for  that  purpose,  it  is  essential  that  the 
commanders  should  have  the  power  of  retaining 
in  their  control  all  persons  captured  and  held  in 
prison. 

It  must  be  presumed  that  the  powers  necessa 
ry  to  execute  the  duties  of  the  President  are  con 
ferred  on  him  by  the  Constitution.  Hence  he 
must  have  the  power  to  hold  whatever  persons 
he  has  a  right  to  capture,  without  interference  of 
courts,  during  the  war,  and  he  has  the  right  to 
capture  all  persons  who  he  has  reasonable  cause 
to  believe  are  hostile  to  the  Union,  and  are  en 
gaged  in  hostile  acts.  The  power  is  to  be  exer 
cised  in  emergencies.  It  is  to  be  used  suddenly. 
The  facts  on  which  public  safety,  in  time  of  civil 
war,  depends,  can  be  known  only  to  the  military 
men,  and  not  to  the  legislatures,  in  any  special 
case.  To  pass  a  law  as  to  each  prisoner's  case, 
whenever  public  safety  required  the  privilege  of 
the  writ  to  be  suspended,  would  be  impracticable. 

Shall  there  be  no  power  to  suspend  the  writ  as 
to  any  single  person  in  all  the  Northern  States, 
unless  Congress  pass  a  law  depriving  all  persons 
of  that  privilege  ? 

Oftentimes  the  exposure  of  the  facts  and  cir 
cumstances  requiring  the  suspension  in  one  case 
would  be  injurious  to  the  public  service,  by  be 
traying  our  secrets  to  the  enemy.  Few  acts  of 
hostility  are  more  dangerous  to  public  safety ; 
none  require  a  more  severe  treatment,  either  to 
prevent  or  to  punish  it,  than  any  attempt  to  in 
terfere  with  the  formation  of  the  army,  by  pre 
venting  enlistments,  by  procuring  desertions,  or 
by  aiding  and  assisting  persons  liable  to  do  mili 
tary  duty  in  escaping  from  the  performance  of  it. 
Military  arrest  and  confinement  in  prison  during 
the  war,  is  but  a  light  punishment  for  a  crime 
which,  if  successful,  would  place  the  country  in 
the  power  of  its  enemies,  and  sacrifice  the  livea 


V36 


REBELLION  RECORD,  1862-63. 


of  soldiers  now  in  the  field  for  want  of  support. 
Whoever  breaks  up  the  fountain-head  of  the 
army,  strikes  at  the  heart  of  the  country. 

All  those  proceedings  which  tend  to  break 
down  the  army  when  in  the  field,  or  to  prevent 
or  impede  any  step  necessary  to  be  taken  to  col 
lect  and  organize  it,  are  acts  of  hostility  to  the 
country,  and  tend  directly  to  impede  the  military 
operations,  on  which  the  preservation  of  the  gov 
ernment  now,  in  time  of  war,  depends.  All  per 
sons  who  commit  such  acts  of  hostility  are  liable 
to  military  arrest  and  detention  ;  and  if  they  are 
at  the  same  time  liable  to  be  proceeded  against 
for  violation  of  municipal  laws,  that  liability  can 
not  shelter  them  from  responsibility  to  be  treated 
as  public  enemies,  arrested  and  detained,  so  as 
to  prevent  them  from  perpetrating  any  act  of  hos 
tility. 

In  determining  the  character  of  acts  in  the 
Free  States  committed  by  persons  known  to  be 
opposed  to  the  war,  it  must  be  borne  in  mind 
that  those  who,  in  the  loyal  States,  aid  and  com 
fort  the  enemy,  are  partakers  in  the  crime  of  re 
bellion  as  essentially  as  if  present  with  rebel 
armies.  They  are  in  law  particeps  criminis. 
Though  their  overt  acts,  taken  alone  and  without 
connection  with  the  rebellion,  might  not  amount 
to  treason,  or  to  any  crime,  yet,  under  the  cir 
cumstances,  many  of  these  acts,  otherwise  inno 
cent,  become  dangerous,  injurious,  and  criminal. 

A  person  who,  by  his  mere  presence,  lends 
support  and  gives  confidence  to  a  murderer 
while  perpetrating  his  foul  crime,  is  sharer  in 
that  crime,  whether  he  is,  at  the  time  of  the 
murder,  in  actual  presence  of  his  victim,  or 
stands  off  at  a  distance,  and  is  ready  to  warn  the 
cut-throat  of  the  approach  of  danger.  Such  was 
the  rule  administered  in  the  trial  of  Knapp  for 
murdering  a  citizen  of  Massachusetts.  This  is 
familiar  law.  What  difference  does  it  make 
whether  the  conspirator  is  near  or  far  away  from 
his  associates — whether  he  is  in  a  Slave  or  a  Free 
State  ?  The  real  question  is,  whether  the  person 
accused  has  given,  or  means  to  give  aid  or  com 
fort  to  the  enemy  of  his  country,  whether  near 
by  or  far  off;  if  so,  then  he  is  an  enemy,  and 
may  be  captured  on  the  door-steps  of  the  court 
house,  or  even  on  the  bench  itself. 

CONSTITUTIONALITY      OF     THE     ENROLMENT     ACT     OP 
MARCH    3,   1863. 

No  power  to  arrest  or  detain  prisoners  can  be 
conferred  upon  the  President  or  his  provost- 
marshals  by  an  act  of  Congress  which  is  void  for 
being  unconstitutional.  No  person  can  be  civ 
illy  or  criminally  liable  to  imprisonment  for  vio 
lation  of  a  void  statute.  Hence  the  question 
may  arise  whether  the  Enrolment  Act  is  a  le 
gitimate  exercise  by  Congress  of  powers  con 
ferred  upon  it  by  the  Constitution. 

That  Congress  has  full  power  to  pass  the  En 
rolment  Act  is  beyond  reasonable  doubt,  as  will 
be  apparent  from  the  following  references  :* 

The  Constitution,  article  1,  section  8,  clause  12, 

*  So  decided  in  several  cases,  since  1862. 


and  proper  for  carrying  into  effect  the  foregoing 
powers  and  all  other  powers  vested  by  this  Con- 
gives  to  Congress  the  power  uto  raise  and  sup 
port  armies." 

It  must  be  observed  that  the  Constitution  re 
cognizes  a  clear  distinction  between  the  "army 
of  the  United  States"  and  the  "militia"  of  the 
several  States,  even  when  called  into  actual  ser 
vice.  Thus,  by  article  2,  section  2,  clause  1, 
"The  President  shall  be  Commander-in-Chief  of 
the  army  and  navy  of  the  United  States,  and  of 
the  militia  of  the  several  States,  when  called 
into  actual  service  of  the  United  States." 

By  article  1,  section  8,  clause  15,  "  Congress 
shall  have  power  to  provide  for  calling  forth  the 
militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections,  and  repel  invasions." 

By  article  1,  section  8,  clause  16,  Congress 
shall  have  power  "to  provide  for  organizing, 
arming,  and  disciplining  the  militia,  and  for  gov 
erning  such  part  of  them  as  may  be  employed  in 
the  service  of  the  United  States,  reserving  to  the 
States  respectively  the  appointment  of  the  offi 
cers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Con 
gress." 

In  addition  to  these  powers  of  Congress  to  call 
into  the  service  of  the  Union  the  militia  of  the 
States  by  requisitions  upon  the  respective  gov 
ernors  thereof,  the  Constitution  confers  upon 
Congress  another  distinct,  independent  power,  by 
article  1,  section  8,  clause  12,  which  provides 
"  That  Congress  shall  have  power  to  raise  and 
support  armies;  but  no  appropriation  for  that 
use  shall  be  for  a  longer  term  than  two  years." 

By  article  1,  section  8,  clause  14,  Congress 
shall  have  power  to  make  rules  for  the  govern 
ment  and  regulation  of  the  land  and  naval 
forces. 

The  statutes  of  1795,  and  other  recent  acts  of 
1861  and  1862,  authorizing  the  enlistment  of  vol 
unteers,  were  mainly  founded  on  the  power  to 
receive  militia  of  the  States  into  the  service 
of  the  Union,  and  troops  were  raised  principally 
through  the  agency  of  governors  of  States. 

But  the  Enrolment  Act  of  1863  is  an  exercise 
of  power  conferred  upon  Congress,  to  "  raise  and 
support  armies,"  and  not  of  the  power  to  call  out 
the  militia  of  the  States.  Neither  the  governors 
nor  other  State  authorities  have  any  official  func 
tions  to  perform  in  relation  to  this  act,  nor  any 
right  to  interfere  with  it.  It  is  an  act  of  the 
United  States,  to  be  administered  by  United 
States  officers,  applicable  to  citizens  of  the  United 
States  in  the  same  way  as  all  other  national 
laws. 

The  confounding  of  these  separate  powers  of 
Congress  and  the  rights  and  proceedings  derived 
from  them  has  been  a  prolific  source  of  error  and 
misapprehension. 

Article  1,  section  8,  clause  13,  gives  Congress 
power  "  to  make  rules  for  the  government  and 
regulation  of  the  land  and  naval  forces." 

Article  1,  section  8,  clause  18,  gives  Congress 
power  "  to  pass  all  laws  which  shall  be  necessary 


DOCUMENTS. 


737 


stitution  in  the  Government  or  in  any  department 
or  officer  thereof:' 

RULES  OF  INTERPRETATION  AND  THEIR   APPLICATION 
TO    THIS    ACT. 

The  Constitution  provides  that  Congress  shall 
have  power  to  pass  "all  laws  necessary  and 
proper"  for  carrying  into  execution  all  the  powers 
granted  to  the  government  of  the  United  States, 
or  any  department  or  officer  thereof.  The  word 
"  necessary,"  as  used,  is  not  limited  by  the  addi 
tional  word  "proper,"  but  enlarged  thereby. 

"  If  the  word  necessary  were  used  in  the  strict, 
rigorous  sense,  it  would  be  an  extraordinary  de 
parture  from  the  usual  course  of  the  human 
mind,  as  exhibited  in  solemn  instruments,  to  add 
another  word,  the  only  possible  effect  of  which  is 
to  qualify  that  strict  and  rigorous  meaning,  and 
to  present  clearly  the  idea  of  a  choice  of  means  in 
the  course  of  legislation.  If  no  means  are  to  be 
resorted  to  but  such  as  are  indispensably  neces 
sary,  there  can  be  neither  sense  nor  utility  in 
adding  the  word  ' proper?  for  the  indispensable 
necessity  would  shut  out  from  view  all  considera 
tion  of  the  propriety  of  the  means." 

Alexander  Hamilton  says  : 

"  The  authorities  essential  to  the  care  of  the 
common  defence  are  these :  To  raise  armies ;  to 
build  and  equip  fleets ;  to  prescribe  rules  for  the 
government  of  both  ;  to  direct  their  operations ; 
to  provide  for  their  support.  These  powers 
ought  to  exist  WITHOUT  LIMITATION,  because  it  is 
impossible  to  foresee  or  to  define  the  extent  and 
variety  of  national  exigencies,  and  the  correspon 
dent  extent  and  variety  of  the  means  necessary 
to  satisfy  them.  The  circumstances  which  en 
danger  the  safety  of  nations  are  infinite,  and  for 
this  reason  no  constitutional  shackles  can  wisely 
be  imposed  on  the  power  to  which  the  care  of  it 
is  committed.  .  .  .  This  power  ought  to  be 
under  the  direction  of  the  same  councils  which 
are  appointed  to  preside  over  the  common  de 
fence.  ...  It  must  be  admitted,  as  a  neces 
sary  consequence,  that  there  can  be  no  limitation 
of  that  authority  wrhich  is  to  provide  for  the  de 
fence  and  protection  of  the  community  in  any 
matter  essential  to  its  efficacy— that  is,  in  any 
matter  essential  to  the  formation,  direction,  or 
support  of  the  NATIONAL  FORCES." 

This  statement,  Hamilton  says : 

"Rests  upon  two  axioms,  simple  as  they  are 
universal :  the  means  ought  to  be  proportioned  to 
the  end ;  the  persons  from  whose  agency  the 
attainment  of  the  end  is  expected  ought  to  pos 
sess  the  means  by  which  it  is  to  be  attained." 

The  doctrine  of  the  Supreme  Court  of  the 
United  States,  announced  by  Chief-Justice  Mar 
shall,  and  approved  by  Daniel  Webster,  Chancel 
lor  Kent,  and  Judge  Story,  is  thus  stated : 

"  The  Government  of  the  United  States  is  one 
of  enumerated  powers,  and  it  can  exercise  only 
the  powers  granted  to  it ;  but  though  limited  in 


its  powers,  it  is  supreme  within  its  sphere  of  ac 
tion.  It  is  the  Government  of  the  people  of  the 
United  States,  and  emanated  from  them.  Its 
powers  were  delegated  by  all,  and  it  represents 
all,  and  acts  for  all. 

"  There  is  nothing  in  the  Constitution  which 
excludes  incidental  or  implied  powers.  The 
articles  of  confederation  gave  nothing  to  the 
United  States  but  what  was  expressly  granted ; 
but  the  new  Constitution  dropped  the  word  ex 
pressly,  and  left  the  question  whether  a  particu 
lar  power  was  granted  to  depend  on  a  fair  cori. 
struction  of  the  whole  instrument.  No  constitu 
tion  can  contain  an  accurate  detail  of  all  the 
subdivisions  of  its  powers,  and  all  the  means  by 
which  they  might  be  carried  into  execution.  It 
would  render  it  too  prolix.  Its  nature  requires 
that  only  the  great  outlines  should  be  marked, 
and  its  important  objects  designated,  and  all  the 
minor  ingredients  left  to  be  deduced  from  the 
nature  of  those  objects.  The  sword  and  the 
purse,  all  the  external  relations,  and  no  inconsid 
erable  portion  of  the  industry  of  the  nation, 
were  intrusted  to  the  general  Government ;  and 
a  government  intrusted  with  such  ample  powers, 
on  the  due  execution  of  which  the  happiness  and 
prosperity  of  the  people  vitally  depended,  must 
also  be  intrusted  with  ample  means  of  their  exe 
cution.  Unless  the  words  imperiously  require 
it,  we  ought  not  to  adopt  a  construction  which 
would  impute  to  the  framers  of  the  Constitution, 
when  granting  great  powTers  for  the  public  good, 
the  intention  of  impeding  their  exercise  by  with 
holding  a  choice  of  means.  The  powers  given  to 
the  Government  imply  the  ordinary  means  of 
execution ;  and  the  Government,  in  all  sound 
reason  and  fair  interpretation,  must  have  the 
choice  of  the  means  which  it  deems  the  most 
convenient  and  appropriate  to  the  execution  of 
the  power.  The  Constitution  has  not  left  the 
right  of  Congress  to  employ  the  necessary  means 
for  the  execution  of  its  powers  to  general  reason 
ing.  Art.  1,  sect.  8,  of  the  Constitution  expressly 
confers  on  Congress  the  power  k  to  make  all  laws 
that  may  be  necessary  and  proper  to  carry  into 
execution  the  foregoing  powers.' 

"Congress  may  employ  such  means  and  pass 
such  laws  as  it  may  deem  necessary  to  carry  into 
execution  great  powers  granted  by  the  Constitu 
tion  ;  and  necessary  means,  in  the  sense  of  the 
Constitution,  does  not  import  an  absolute  physi 
cal  necessity  so  strong  that  one  thing  cannot 
exist  without  the  other.  It  stands  for  any 
means  calculated  to  produce  the  end.  The  word 
necessary  admits  of  all  degrees  of  comparison. 
A  thing  may  be  necessary,  or  very  necessary,  or 
absolutely  or  indispensably  necessary.  The  word 
is  used  in  various  senses,  and  in  its  construction 
the  subject,  the  context,  the  intention,  are  all  to 
be  taken  into  view.  The  powers  of  the  Govern 
ment  were  given  for  the  welfare  of  the  nation. 
They  were  intended  to  endure  for  ages  to  come, 
and  to  be  adapted  to  the  various  crises  in  human 


738 


REBELLION   RECORD,  1862-63. 


affairs.  To  prescribe  the  specific  means  by 
which  Government  should  in  all  future  time  exe 
cute  its  power,  and  to  confine  the  choice  of 
means  to  such  narrow  limits  as  should  not  leave 
it  in  the  power  of  Congress  to  adopt  any  which 
might  be  appropriate  and  conducive  to  the  end, 
would  be  most  unwise  and  pernicious,  because  it 
would  be  an  attempt  to  provide,  by  immutable 
rules,  for  exigencies  which,  if  foreseen  at  all, 
must  have  been  foreseen  dimly,  and  would  de 
prive  the  legislature  of  the  capacity  to  avail  it 
self  of  experience,  or  to  exercise  its  reason,  and 
accommodate  its  legislation  to  circumstances.  If 
the  end  be  legitimate,  and  within  the  scope  of 
the  Constitution,  all  means  which  are  appropri 
ate,  and  plainly  adapted  to  this  end,  and  which 
are  not  prohibited  by  the  Constitution,  are 
lawful."* 

Under  the  power  of  Congress  to  pass  all  laws 
necessary  and  proper  to  raise  and  support  armies 
the  only  question  is,  whether  the  act  of  Congress 
is  "  plainly  adapted  to  the  end  proposed,'7  name 
ly,  "  to  raise  an  army.'1''  If  it  is  a  usual  mode 
of  raising  an  army  to  enrol  and  draft  citizens,  or, 
if  unusual,  it  is  one  appropriate  mode  by  which 
the  end  may  be  accomplished,  it  is  within  the 
power  of  Congress  to  pass  the  law.  Congress, 
having  the  power  to  raise  an  army,  has  an  un 
limited  choice  of  "means  "  appropriate  for  carry 
ing  that  power  into  execution. 

In  a  republic,  the  country  has  a  right  to  the 
military  service  of  every  citizen  and  subject. 
The  government  is  a  government  of  the  people, 
and  for  the  safety  of  the  people.  No  man  who 
enjoys  its  protection  can  lawfully  escape  his 
share  of  public  burdens  and  duties.  Public 
safety  and  welfare  in  time  of  war  depend  wholly 
upon  the  success  of  military  operations.  What 
ever  stands  in  the  way  of  military  success  must 
be  sacrificed,  else  all  is  lost.  The  triumph  of 
arms  is  the  tabula  in  naufragio,  the  last  plank 
in  the  shipwreck,  on  which  alone  our  chance  of 
national  life  depends.  Hence,  in  the  struggle  of 
a  great  people  for  existence,  private  rights,  though 
not  to  be  disregarded,  become  comparatively  in 
significant,  and  are  held  subject  to  the  para 
mount  rights  of  the  community.  The  life  of 
the  nation  must  be  preserved  at  all  hazards,  and 
the  Constitution  must  not,  without  imperative 
necessity,  be  so  construed  as  to  deprive  the  peo 
ple  of  the  amplest  means  of  self-defence. 

Every  attempt  to  fetter  the  power  of  Congress 
in  calling  into  the  field  the  military  forces  of  the 
country  in  time  of  war  is  only  a  denial  of  the 
people's  right  to  fight  in  their  own  defence. 

If  a  foreign  enemy  were  now  to  invade  the 
country,  who  would  dare  to  cavil  at  the  forms  of 
statutes  whereby  the  people  sought  to  organize 
the  army  to  repel  the  invader?  It  must  not  be 
forgotten  that  Congress  has  the  same  power  to 
day  to  raise  and  organize  armies  to  suppress  re- 

*  On  the  interpretation  of  constitutional  power,  see  1  Kent's 
Coin.  851,  352,  McCullock  v.  The  State  of  Maryland,  4 
Wheat.  K. 


bellion  that  would  belong  to  it  if  the  Union  were 
called  upon  to  meet  the  world  in  arms. 

INDEMNITY    TO    PERSONS    ARRESTED. 

Persons  who  reside  in  a  country  engaged  in 
active  hostilities,  and  who  so  conduct  themselves 
as  to  give  reasonable  cause  to  believe  that  they 
are  aiding  and  comforting  a  public'  enemy,  or 
that  they  are  participating  in  any  of  thofee  proceed 
ings  which  tend  to  embarass  military  operations, 
may  be  arrested  ;  and  if  such  persons  shall  be 
arrested  and  imprisoned  for  the  purpose  of  pun 
ishing  or  preventing  such  acts  of  hostility,  they 
are  not  entitled  to  claim  indemnity  for  the  in 
jury  to  themselves  or  to  their  property,  suffered 
by  reason  of  such  arrest  and  imprisonment. 

If  the  persons  so  arrested  be  subjects  of  a 
foreign  government,  they  cannot  lawfully  claim 
indemnity,  because  their  own  hostile  conduct, 
while  it  has  deprived  them  of  the  shelter  of 
"  neutrality,"  has  subjected  them  to  penalties 
for  having  violated  the  laws  of  war. 

If  a  foreigner  join  the  rebels,  he  exposes  him 
self  to  the  treatment  of  rebels.  He  can  claim 
of  this  Government  no  indemnity  for  wounds 
received  in  battle,  or  for  loss  of  time  or  suffering 
by  being  captured  and  imprisoned.  It  can  make 
no  difference  whether  his  acts  of  hostility  to  the 
United  States  are  committed  in  open  contest 
under  a  rebel  flag,  or  in  the  loyal  States,  where 
his  enmity  is  most  dangerous.  If  it  be  said  that 
he  has  violated  no  municipal  law,  and  therefore 
ought  not  to  be  deprived  of  liberty  without  in 
demnity,  it  must  be  remembered  that  if  he  has 
violated  any  of  the  laws  of  war  he  may  have 
thereby  committed  an  offence  more  dangerous  to 
the  country  and  more  destructive  in  its  conse 
quences  than  any  crime  defined  in  statutes. 

If  a  person,  detained  in  custody  in  conse 
quence  of  having  violated  the  laws  of  war  and 
for  the  purpose  of  preventing  hostilities,  be  lib 
erated  from  confinement  without  having  been 
indicted  by  a  grand  jury,  it  does  not  follow 
therefrom  that  he  has  committed  no  crime.  He 
may  have  been  guilty  of  grave  offences,  while 
the  Government  may  not  have  deemed  it  neces 
sary  to  prosecute  him.  Clemency  and  forbear 
ance  are  not  a  just  foundation  for  a  claim  of 
indemnity.  An  offender  may  not  have  been  in 
dicted,  because  the  crime  committed,  being  pure 
ly  a  military  crime,  or  crime  against  martial  law, 
may  not  have  come  within  the  jurisdiction  of 
civil  tribunals. 

In  such  a  case,  the  arrest  and  imprisonment, 
founded  on  martial  law,  justified  by  military  ne 
cessity,  cannot  be  adjudicated  by  civil  tribunals. 

If  the  person  so  arrested  be  the  subject  of  a 
foreign  power,  and  claims  exemption  from  arrest 
and  custody  for  that  reason,  he  can  have  no 
right  to  indemnity  under  any  circumstances,  by 
reason  of  being  an  alien,  until  such  fact  of  alien 
age  is  made  known  to  the  Government.  His 
claim  to  indemnity  thereafter  will  depend  on  a 
just  application  of  the  principles  already  stated, 


i 


DOCUMEN  PS. 


THE   RE-CONSTRUCTION   OF   THE  UNION. 

LETTER    TO    THE   UNION   LEAGUE   OP   PHILADELPHIA. 

GENTLEMEN  :  Your  letter  has  been  received,  re 
questing  me  to  address  the  members  of  the  Union 
League  of  Philadelphia  upon  subjects  connected 
with  the  present  state  of  public  affairs. 

I  have  expected,  until  recently,  to  be  able  to 
comply  with  your  invitation  ;  but  as  my  engage 
ments  will,  for  the  present,  place  it  out  of  my 
power  to  do  so,  I  beg  permission  to  make  a  few 
suggestions  for  your  consideration  upon  the  dan 
gers' of  the  country  in  the  present  crisis  of  public 
affairs. 

TWOFOLD    WAR. 

However  brilliant  the  success  of  our  military 
operations  has  been,  the  country  is  encompassed 
by  dangers.  Two  wars  are  still  waged  between 
the  citizens  of  the  United  States — a  war  of  Arms 
and  a  war  of  Ideas.  Achievements  in  the  field 
cannot  much  outstrip  our  moral  victories.  While 
we  fix  our  attention  upon  the  checkered  fortunes 
of  our  heroic  soldiers,  and  trace  their  marches 
over  hills  and  valleys  made  memorable  through 
all  time  by  their  disasters  or  their  triumphs; 
while  we  are  agitated  by  hope  and  fear,  by  exulta 
tion  and  disappointment ;  while  our  brothers  and 
sons  rush  joyfully  to  the  post  of  danger  and  of 
honor,  although  the  mourning  weeds  of  the 
mother  and  sister  record  in  the  family  the  tearful 
glory  of  the  fallen  brave ;  while  the  movements 
of  our  vast  armies,  in  all  the  "pride,  pomp,  and 
circumstance  of  glorious  war,"  are  watched  w4th 
intense  solicitude,  let  us  not  forget  that  there  is 
another  war,  waged  by  men  not  less  brave,  for 
victories  not  less  renowned  than  those  which  are 
won  on  battle-fields. 

The  deadliest  struggle  is  between  Civilization 
and  Barbarism,  Freedom  and  Slavery,  Republi 
canism  and  Aristocracy,  Loyalty  and  Treason. 

The  true  patriot  will  watch  with  profound  in 
terest  the  fortunes  of  this  intellectual  and  moral 
conflict,  because  the  issue  involves  the  country's 
safety,  prosperity,  and  honor.  If  victory  shall 
crown  the  efforts  of  those  brave  men  who  believe 
and  trust  in  God,  then  shall  all  this  bloody  sac 
rifice  be  consecrated,  and  years  of  suffering  shall 
exalt  us  among  the  nations ;  if  we  fail,  no  triumph 
of  brute  force  can  compensate  the  world  for  our 
unfathomable  degradation. 

Let  us  then  endeavor  to  appreciate  the  diffi 
culties  of  our  present  position. 

BREAKERS    AHEAD. 

Of  several  subjects,  to  which,  were  it  now  in 
my  power,  I  would  ask  your  earnest  attention,  I 
can  speak  of  one  only. 

As  the  success  of  the  Union  cause  shall  be 
come  more  certain  and  apparent  to  the  enemy  in 
various  localities,  they  will  lay  down  arms  and 
cease  fighting. 

Their  bitter  and  deep-rooted  hatred  of  the  Gov 
ernment,  and  of  all  Northern  men  who  are  not 
traitors,  and  of  all  Southern  men  who  are  loyal, 
*ill  still  remain  interwoven  in  every  fibre  of  their 


hearts,  and  will  be  made,  if  possible,  more  in 
tense  by  the  humiliation  of  conquest  and  subjec 
tion.  The  foot  of  the  conqueror  planted  upon 
their  proud  necks  will  not  sweeten  their  tempers, 
and  their  defiant  and  treacherous  nature  will  seek 
to  revenge  itself  in  murders,  assassinations,  and 
all  underhand  methods  of  venting  a  spite  which 
they  dare  not  manifest  by  open  war,  and  in  driv 
ing  out  of  their  borders  all  loyal  men.  To  sup 
pose  that  a  Union  sentiment  will  remain  in  any 
considerable  number  of  men,  among  a  people 
who  have  strained  every  nerve  and  made  every 
sacrifice  to  destroy  the  Union,  indicates  dis 
honesty,  insanity,  or  feebleness  of  intellect. 

The  slaveholding  inhabitants  of  the  conquered 
districts  will  begin  by  claiming  the  right  to  exer 
cise  the  powers  of  government,  and,  under  their 
construction  of  State  rights,  to  get  control  of  the 
lands,  personal  property,  slaves,  free  blacks,  and 
poor  whites,  and  a  legalized  power,  through  tho 
instrumentality  of  State  laws,  made  to  answer 
their  own  purposes,  to  oppose  and  prevent  the 
execution  of  the  Constitution  and  laws  of  the 
United  States,  within  the  districts  of  country  in 
habited  by  them. 

Thus,  for  instance,  when  South-Carolina  shall 
have  ceased  fighting,  she  will  say  to  the  Presi 
dent  :  "  We  have  now  laid  down  our  arms  ;  we 
submit  to  the  authority  of  the  United  States 
Government.  You  may  restore  your  custom 
houses,  your  courts  of  justice,  and  if  we  hold  any 
public  property,  we  give  it  up ;  we  now  have 
chosen  senators  and  representatives  to  Congress, 
and  demand  their  admission,  and  the  full  estab 
lishment  of  all  our  State  rights  and  our  restora 
tion  to  all  our  former  privileges  and  immunities 
as  citizens  of  the  United  States." 

This  demand  is  made  by  men  who  are  traitors 
in  heart ;  men  who  hate  and  despise  the  Union  ; 
men  who  never  had  a  patriotic  sentiment ;  men 
who,  if  they  could,  would  hang  every  friend  of 
the  Government.  But,  for  the  sake  of  getting 
power  into  their  own  hands  by  our  concession, 
which  they  could  not  obtain  by  fighting,  and,  for 
the  sake  of  avoiding  the  penalty  of  their  national 
crimes,  they  will  demand  restoration  to  the  Union 
under  the  guise  of  claiming  State  rights. 

CONSEQUENCES  OF  BEING  OUTWITTED  BY  REBELS. 

What  will  be  the  consequence  of  yielding  to 
this  demand  ? 

Our  public  enemy  will  gain  the  right  of  man 
aging  their  affairs  according  to  their  will  and 
pleasure,  and  not  according  to  the  will  and  pleas 
ure  of  the  people  of  the  United  States. 

They  will  be  enabled,  by  the  intervention  of 
their  State  laws  and  State  courts,  to  put  and 
maintain  themselves  in  effectual  and  perpetual 
opposition  to  the  laws  and  Constitution  of  the 
United  States,  as  they  have  done  for  thirty-five 
years  past.  They  will  have  the  power  to  pass 
such  local  laws  as  will  effectually  exclude  from 
the  slave  States  all  Northern  men,  all  soldiers,  all 
free  blacks,  and  all  persons  and  things  which  shall 
be  inconsistent  with  the  theory  of  making  slavery 
the  corner-stone  of  their  local  government ;  and 


740 


REBELLION  RECORD,  1862-63. 


they  may  make  slavery  perpetual,  in  violation  of 
the  laws  of  the  United  States  and  proclamations 
of  the  President.  They  may  continue  the  en 
forcement  of  those  classes  of  laws  against  free 
speech  and  freedom  of  the  press,  which  will  for 
ever  exclude  popular  education,  and  all  other 
means  of  moral,  social,  and  political  advancement. 
They  may  send  back  to  Congress  the  same 
traitors  and  conspirators  who  have  once  betrayed 
the  country  into  civil  war,  and  who  will  thwart 
and  embarrass  all  measures  tending  to  restore 
the  Union  by  harmonizing  the  interests  and  the 
institutions  of  the  people,  and  so,  being  intro 
duced  into  camp,  as  the  wooden  horse  into  Troy, 
they  will  gain  by  fraud  and  treason  that  which 
they  could  not  achieve  by  feats  of  arms.  The 
insanity  of  State  rights  doctrines  will  be  nour 
ished  and  strengthened  by  admitting  back  a  con 
quered  people  as  our  equals,  and  its  baleful  in 
fluences  cannot  be  estimated ! 

To  satisfy  them,  the  solemn  pledge  of  freedom 
offered  to  colored  citizens  by  Congress  and  by 
the  Proclamation,  must  be  broken,  and  the  coun 
try  and  the  Government  must  be  covered  with 
unspeakable  infamy,  so  that  even  foreign  nations 
might  then  justly  consider  us  guilty  of  treachery 
to  the  cause  of  civilization  and  of  humanity. 

Suppose,  to-day,  the  rebellion  quelled,  and  the 
question  put :  Will  you  give  to  your  enemy  the 
power  of  making  your  laws  ? 

Eastern  Virginia,  Florida,  and  Louisiana  are 
now  knocking  at  the  door  of  Congress  for  ad 
mission  into  the  Union.  Men  come  to  Washing 
ton,  chosen  to  office  by  a  handful  of  associates ; 
elevated,  by  revolution,  to  unaccustomed  dignity; 
representing  themselves  as  Union  men,  and  earn 
est  to  have  State  rights  bestowed  on  their  con 
stituents. 

If  their  constituents  are  clothed  with  the  pow 
er  to  constitute  a  State,  into  whose  hands  will 
that  power  fall  ? 

Beware  of  committing  yourselves  to  the  fatal 
doctrine  of  recognizing  the  existence  in  the  Union 
of  States  which  have  been  declared  by  the  Pres 
ident's  Proclamation  to  be  in  rebellion.  For, 
by  this  new  device  of  the  enemy,  this  new  ver 
sion  of  the  poisonous  State  rights  doctrine,  the 
secessionists  will  be  able  to  get  back  by  fraud 
what  they  failed  to  get  by  fighting.  Do  not 
permit  them,  without  proper  safeguards,  to  re 
sume  in  your  counsels  in  the  Senate  and  in  the  j 
House  the  power  which  their  treason  has  strip 
ped  from  them. 

Do  not  allow  old  States,  with  their  constitu 
tions  still  unaltered,  to  resume  State  powers. 

Be  true  to  the  Union  men  of  the  South,  not  to 
the  designing  politicians  of  the  Border  States. 
The  rebellious  States  contain  ten  times  as  many 
traitors  as  loyal  men.  The  traitors  will  have  a 
vast  majority  of  the  votes.  Clothed  with  State 
rights  under  our  Constitution,  they  will  crush 
every  Union  man  by  the  irresistible  power  of 
their  legislation.  If  you  would  be  true  to  the 
Union  men  of  the  South,  you  must  not  bind 
them  hand  and  foot,  and  deliver  them  over  to 
their  bitterest  enemies. 


STATE    RIGHTS    IN    CIVIL    WAR. 

Beware  of  entangling  yourselves  with  the 
technical  doctrine  of  forfeitures  of  State  rights, 
as  such  doctrines  admit,  by  necessary  implica 
tion,  the  operation  of  a  code  of  laws,  and  of 
corresponding  civil  rights,  the  existence  of  which 
you  deny. 

To  preserve  the  Union,  requires  the  enforce 
ment  against  public  enemies  of  our  belligerent 
rights  of  civil  war. 

ATTITUDE  OF  THE  GOVERNMENT  IN  THE  BEGIN 
NING  OF  THE  WAR  TOWARD  THE  REBELS,  AND 
TOWARD  LOYAL  MEN  IN  REBEL  DISTRICTS. 

When  the  insurrection  commenced  by  illegal 
acts  of  secession,  and  by  certain  exhibitions  of 
force  against  the  Government,  in  distant  parts  of 
the  country,  it  was  supposed  that  the  insurgents 
might  be  quelled,  and  peace  might  be  restored, 
without  requiring  a  large  military  force,  and 
without  involving  those  who  did  not  actively 
participate  in  overt  acts  of  treason. 

Hence  the  Government,  relying  upon  the  pa 
triotism  of  the  people  and  confident  in  its  strength, 
exhibited  a  generous  forbearance  toward  the  in 
surrection. 

When,  at  last,  seventy-five  thousand  of  the 
militia  were  called  out,  the  President,  still  rely 
ing  upon  the  Union  sentiment  of  the  South,  an 
nounced  his  intention  not  to  interfere  with  loyal 
men,  but,  on  the  contrary,  to  regard  their  rights 
as  still  under  the  protection  of  the  Constitution. 
The  action  of  Congress  was  in  accordance  with 
this  policy.  The  war  waged  by  this  Government 
was  then  a  personal  war,  a  war  against  rebels  ;  a 
war  prosecuted  in  the  hope  and  belief  that  the 
body  of  the  people  were  still  friendly  to  the 
Union,  who,  temporarily  overborne,  would  soon 
right  themselves  by  the  aid  of  the  army.  Hence 
Congress  declared,  and  the  President  proclaim 
ed,  that  it  was  not  their  object  to  injure  loyal 
men,  or  to  interfere  with  their  rights  or  their 
domestic  institutions. 

THE  PROGRESS  OF  EVENTS  CHANGED  THE  CHARAC 
TER  OF  THE  WAR,  AND  REQUIRED  THE  USE  OF 
MORE  EFFECTIVE  WAR  POWERS. 

This  position  of  the  Government  toward  the 
rebellious  States  was  forbearing,  magnanimous, 
and  just  while  the  citizens  thereof  were  generally 
loyal.  But  the  revolution  swept  onward.  The 
entire  circle  of  the  Southern  States  abandoned 
the  Union,  and  carried  with  them  all  the  Bor 
der  States  within  their  influence  or  control. 

Having  set  up  a  new  governm<|it  for  them 
selves  ;  having  declared  war  against  us  ;  having 
sought  foreign  aid  ;  having  passed  acts  of  non- 
intercourse  ;  having  seized  public  property,  and 
made  attempts  to  invade  States  which  refused  to 
serve  their  cause  ;  having  raised  and  maintained 
large  armies  and  an  incipient  navy  ;  assuming, 
in  all  respects,  to  act  as  an  independent,  hostile 
nation,  at  war  with  the  United  States — claiming 
belligerent  rights  as  an  independent  people  alone 
could  claim  them,  and  offering  to  enter  into  trea 
ties  of  alliance  with  foreign  countries  and  treaties 


DOCUMENTS. 


741 


of  peace  with  ours — under  these  circumstances 
they  were  no  longer  merely  insurgents  and  reb 
els,  but  became  a  belligerent  public  enemy. 
The  war  was  no  longer  against  "certain  per 
sons"  in  the  rebellious  States.  It  became  a  ter 
ritorial  war ;  that  is  to  say,  a  war  by  all  persons 
situated  in  the  belligerent  territory  against  the 
United  States. 

CONSEQUENCES    RESULTING    FROM  CIVIL  TERRITORIAL 
WAR. 

Tf  we  were  in  a  war  with  England,  every  Eng 
lishman  would  become  a  public  enemy,  irrespect 
ive  of  his  personal  feeling  toward  us.  How 
ever  friendly  he  might  be  toward  America,  his 
ships  on  the  sea  would  be  liable  to  capture,  him 
self  would  be  liable  to  be  killed  in  battle,  or  his 
property,  situated  in  this  country,  would  be 
subject  to  confiscation. 

By  a  similar  rule  of  the  law  of  nations,  when 
ever  two  nations  are  at  war,  every  subject  of 
one  belligerent  nation  is  a  public  enemy  of  the 
other. 

An  individual  may  be  a  personal  friend  and  at 
the  same  time  a  public  enemy  to  the  United 
States.  The  law  of  war  defines  international 
relations. 

When  the  civil  war  in  America  became  a  ter 
ritorial  war,  every  citizen  residing  in  the  belliger 
ent  districts  became  a  public  enemy,  irrespective 
of  his  private  sentiments,  whether  loyal  or  dis 
loyal,  friendly  or  hostile,  Unionist  or  secessionist, 
guilty  or  innocent. 

As  public  enemies,  the  belligerents  have  claim 
ed  to  be  exchanged  as  prisoners  of  war,  instead 
ot  admitting  our  right  to  hang  them  as  murder 
ers  and  pirates.  As  public  enemies,  they  claim 
the  right  to  make  war  upon  us,  in  plain  violation 
of  many  of  the  obligations  they  would  have 
admitted  if  they  acknowledged  the  obligations 
or  claimed  the  protection  of  our  Constitution. 

If  they  had  claimed  any  State  rights,  under 
our  Constitution,  they  would  not  have  violated 
every  one  of  the  provisions  thereof  limiting  the 
powers  of  States.  Asserting  no  such  rights, 
they  claim  immunity  from  all  obligations  as 
States,  or  as  a  people,  to  this  Government  or  to 
the  United  States. 

WHEN    DID    THE    REBELLION    BECOME   A  TERRITORIAL 
WAR? 

This  question  has  been  settled  by  the  Supreme 
Court  of  the  United  States,  in  the  case  of  the 
Hiawatha,  decided  on  the  ninth  of  March,  1863. 
In  that  case,  which  should  be  read  and  studied 
by  every  citizen  of  the  Union,  the  members  of 
the  court  differed  in  opinion  as  to  the  time  when 
the  war  became  territorial.  The  majority  de 
cided  that,  when  the  fact  of  general  hostilities 
existed,  the  war  was  territorial,  and  the  Supreme 
Court  was  bound  to  take  judicial  cognizance 
thereof.  The  minority  argued  that,  as  Congress 
.one  had  power  to  declare  war,  so  Congress 
lone  has  power  to  recognize  the  existence  of 
var ;  and  they  contended  that  it  was  not  until 
ihe  act  of  Congress  of  July  thirteenth,  1861, 

SUP.  Doc.  48 


commonly  called  the  Non-intercourse  Act,  that 
a  state  of  civil,  territorial  war  was  legitimately 
recognized.  All  the  judges  agree  in  the  position, 
"that  since  July  thirteenth,  1861,  there  has  ex 
isted  between  the  United  States  and  the  confed 
erate  States  civil,  territorial  war." 

WHAT  ARE  THE  RIGHTS  OF  THE  PUBLIC  ENEMY  SINCE 
THE     REBELLION     BECAME    A    TERRITORIAL     CIV" 
WAR  ? 

The  Supreme  Court  have  decided,  in  the  caso 
above  named,  in  effect:*  "That  since  that  time 

*  If  this  decision  be  restricted  to  its  most  technical  and  nar 
row  limits,  the  only  point  actually  decided  was,  that  the  cap 
tured  vessels  and  cargoes  were  lawful  prize.  The  parties  before 
the  court  are  alone  bound  by  the  judgment.  Viewed  in  like 
manner,  the  only  point  decided  in  the  case  of  Dred  Scott  was, 
that  the  court  had  no  jurisdiction  of  the  matter.  Nevertheless, 
learned  judges  have  taken  occasion  to  express  opinions  upon 
legal  or  political  questions.  Their  opinions  are  of  great  import 
ance,  not  because  they  are  or  are  not  technical  decisions  of 
points  in  issue,  but  because  they  record  the  deliberate  judgment 
of  those  to  whom  the  same  questions  will  be  referred  for  final 
determination.  The  judge  who  has  pronounced  an  extra-judi 
cial  opinion,  and  has  placed  it  upon  the  records  of  the  court,  ia 
not,  it  may  be  said,  bound  to  follow  it ;  but  it  is  equally  true 
that  the  court  is  never  bound  to  follow  its  previous  most  solemn 
^''decisions."  These  decisions  maybe,  and  often  have  been, 
modified,  overruled,  or  disregarded  by  the  same  court  which 
pronounced  them.  If  the  members  of  a  judicial  tribunal, 
though  differing  upon  minor  questions,  agree  upon  certain  fun 
damental  propositions,  it  is  worse  than  useless  to  deny  that 
these  propositions,  even  though  not  "  technically  decided,'1'' 
have  the  authoritative  sanction  of  the  court.  The  unanimous 
agreement  of  all  the  members  of  a  judicial  court  to  certain 
principles  affords  to  the  community  as  satisfactory  evidence  of 
their  views  of  the  law  as  could  be  derived  from  a  decision  in 
which  these  principles  were  technically  the  points  in  contro 
versy.  It  is  for  these  reasons  that  it  has  been  stated  in  quali 
fied  language  "that  the  Supreme  Court  have  decided  in  effect  " 
the  propositions  as  stated. 

To  show  wherein  all  the  judges  agree,  the  following  extracts 
are  collected  from  the  Decision  and  from  the  Dissenting  Opinion. 

EXTRACTS   FROM   THE   OPINION   OF    THE    COCRT. 

"As  a  civil  war  is  never  publicly  proclaimed  eo  nomine, 
against  insurgents,  its  actual  existence  is  a  fact  in  our  do 
mestic  history,  which  the  Court  is  bound  to  notice  and  to  know. 
The  true  test  of  its  existence,  as  found  in  the  writings  of  the 
sages  of  the  common  law,  may  be  thus  summarily  stated: 
'  When  the  course  of  justice  is  interrupted  by  revolt,  rebellion, 
or  insurrection,  so  that  the  courts  of  justice  cannot  be  kept 
open,  CIVIL  WAR  EXISTS,  and  hostilities  may  be  prosecuted  on 
the  same  footing  as  if  those  opposing  the  Government  were 
foreign  enemies  invading  the  land."1  See  2  Black,  R.  667,  668. 

"  They  (foreign  nations)  cannot  ask  a  court  to  affect  a  techni 
cal  ignorance  of  the  existence  of  a  war,  which  all  the  world 
acknowledges  to  be  the  greatest  civil  war  in  the  history  of  the 
human  race,  and  thus  cripple  the  arm  of  the  Government,  ami 
paralyze  its  powers  by  subtle  definitions  and  ingenious  sophisms. 
The  law  of  nations  is  also  called  the  law  of  nature.  It  is  found 
ed  on  the  common  sense  as  well  as  the  common  consent  of  the 
world.  It  contains  no  such  anomalous  doctrine,  as  that  which 
this  Court  is  now,  for*the  first  time,  desired  to  pronounce,  to 
wit,  '  that  insurgents,  who  have  risen  in  rebellion  against  their 
sovereign,  expelled  her  courts,  established  a  revolutionary  gov 
ernment,  organized  armies,  and  commenced  hostilities,  are  not 
enemies,  because  they  are  TRAITORS  ;  and  a  war  levied  on  the 
government  by  traitors,  in  order  to  dismember  and  destroy  it,  is 
not  a  war  because  it  is  an  "  insurrection."  ' 

"  Whether  the  President,  in  fulfilling  his  duties  as  Commander- 
in-Chief  in  suppressing  an  insurrection,  has  met  with  such 
armed  hostile  resistance,  and  a  civil  war  of  such  alarming  pro 
portions,  as  will  compel  him  to  accord  to  them  the  character 
of  belligerents,  is  a  question  to  be  decided  by  him,  and  this 
Court  must  be  governed  by  the  decision  and  acts  of  the  politi 
cal  department  of  the  government  to  which  this  power  was  in 
trusted.  He  must  determine  what  degree  of  force  the  crisis  de 
mands."  The  proclamation  of  blockade  is  of  itself  official  and 
conclusive  evidence  to  the  Court  that  a  state  of  war  existed 
which  demanded  and  authorized  a  recourse  to  such  a  measure, 
under  the  circumstances  peculiar  to  the  case. 

"  The  right  of  one  belligerent,  not  only  to  coerce  the.  other 
by  direct~fbrce,'but  also  to  cripple  his  resources  by  Vie  seizure 
or  destruction  of  his  property,  is  a  necessary  result  of  a  state 
of  war.  Money  and  wealth,  the  products  of  agriculture  an-l 
co/wnerce,  are  said  to  be  the  sinews  of  war,  and  as  necessary 


742 


REBELLION   RECORD,  1862-63. 


the  United  States  have  full  belligerent  rights 
against  all  persons  residing  in  the  districts  de 
clared  by  the  President's  Proclamation  to  be  in 
rebellion." 

That  the  laws  of  war,  "  whether  that  war  he 
civil  or  inter  gentes,  converts  every  citizen  of  the 
hostile  State  into  a  public  enemy,  and  treats  him 
accordingly,  whatever  may  have  been  his  previous 
conduct." 

That  all  the  rights  derived  from  the  laws  of 
war  may  now,  since  1861,  be  lawfully  and  con 
stitutionally  exercised  against  all  the  citizens  of 
the  districts  in  rebellion. 

BIGHTS  OF  REBELS  AS  PERSONS,  AS  CITIZENS  OF 
STATES,  AND  AS  SUBJECTS  OF  THE  UNITED  STATES, 
ARE,  ACCORDING  TO  THE  CONSTITUTION,  TO  BE 
SETTLED  BY  THE  LAWS  OF  WAR. 

Such  being  the  law  of  the  land,  as  declared  by 
the  Supreme  Court,  in  order  to  ascertain  what 
are  the  legal  or  constitutional  rights  of  public 

in  its  conduct  a,?  numbers  and  physical  force.  Hence  it  is 
that  the  laws  of  war  recognize  the  right  of  a  belligerent  to  cut 
these  sinews  of  the  power  of  the  enemy  by  capturing  his  pro 
perty  on  the  high  seas."  Page  671. 

CONFISCATION. 

"All  persons  residing  within  this  territory,  (seceded  States,) 
•whose  property  may  be  used  to  increase  the  revenues  of  the 
hostile  power,  are,  in  this  contest,  liable  to  be  treated  as  ene 
mies,  though  not  foreigners.  They  have  cast  off  their  allegi 
ance,  and  made  war  on  their  Government,  and  are  none  the  • 
less  ermmies  because  they  are  traitors.'1''  Opinion,  page  074. 

EXTRACTS   FROM   THE   DISSENTING   OPINION". 

"  A  contest  by  force  between  independent  sovereign  States  is 
called  a  public  war ;  and  when  duly  commenced,  by  proclama 
tion  or  otherwise,  it  entitles  both  of  the  belligerent  parties  to  all 
the.  rights  of  war  against  each  other,  and  as  respects  neutral 
nations."  Pages  686,  687. 

"  The  legal  consequences  resulting  from  a  state  of  war  be 
tween  two  countries,  at  this  day,  are  well  understood,  and  will 
be  found  described  in  every  approved  work  on  the  subject  of 
international  law." 

"  The  people  of  the  two  countries  immediately  become  the 
enemies  of  each  other,  etc.  .  .All  the  prop 

erty  of  the  people  of  the  two  countries,  on  land  or  sea,  are 
subject  to  capture  and  confiscation  by  the  adverse  party  as 
enemies'  property,  with  certain  qualifications  as  it  respects  prop 
erty  on  land.  (Brown  ««.  U.  S.,  8  Cranch,  110.)  All  treaties 
between  the  belligerent  parties  are  annulled."  Page  677. 

"  This  great  and  pervading  change  in  the  existing  condition 
of  a  country,  and  in  the  relation  of  all  her  citizens  or  subjects,  ex 
ternal  or  internal,  is  the  immediate  effect  and  result  of  a  state  of 
war."  Page  688. 

"  In  the  case  of  a  rebellion,  or  resistance  of  a  portion  of  the 
people  of  a  country,  against  the  established  government,  there 
is  no  doubt,  if,  in  its  progress  and  enlargement,  the  govern 
ment  thus  sought  to  be  overthrown,  sees  fit,  it  may,  by  the 
competent  power,  recognize  or  declare  the  existence  of  a  state 
of  civil  war,  which  will  draw  after  it  all  the  conse 
quences  and  rights  of  war,  between  the  contending  par- 
tie*,  as  in  the  case  of  a  public  war.  Mr.  Wheaton  observes, 
speaking  of  civil  war  :  "  But  the  general  utage  of  nations  regards 
euch  a  war  as  entitling  both  the  contending  parties  to  all  the 
rights  Of  war,  as  against  each  other,  and  even  as  respects  neu 
tral  nations."  Page  6S8. 

"Before  this  insurrection  against  the  established  Government 
can  be  dealt  with  on  the  footing  of  a  civil  war,  within  the  mean 
ing  of  the  law  of  nations  and  the  Constitution  of  the  United 
States,  and  which  will  draw  after  it  belligerent  rights,  it  must 
be  recognized  or  declared  by  the  war-making  power  of  the  Gov 
ernment.  No  power  short  of  this  can  change  the  legal  status  of 
the  Government,  or  the  relations  of  its  citizens  from  that  of 
peace  to  a  state  of  war,  or  brin?  into  existence  all  those  duties 
and  obligations  of  neutral  third  parties  growing  out  of  a  state  of 
war.  The  war  power  of  the  Government  must  be  exercised  be 
fore  this  changed  condition  of  the  Government  and  people  and 
of  neutral  third  parties  can  be  admitted.  There  is  no  difference 
in  iiis  respect  between  a  civil  or  a  public  war:'  Page  689. 

"  It  must  be  a  war  in  a  legal  sense  (in  the  sense  of  the  law  of 
nations  and  of  the  Constitution  of  the  United  States)  to  attach 
toil  all  t!ie  consequences  that  belong  to  belligerent  riyhta.  In-  | 


enemies,  we  have  only  to  refer  to  the  settled 
principles  of  the  belligerent  law  of  nations  or  the 
laws  of  war. 

Some  of  the  laws  of  war  are  stated  in  both  the 
Opinions  in  the  case  above  mentioned.  A  state 
of  foreign  war  instantly  annuls  the  most  solemn 
treaties  between  nations.  It  terminates  all  ob 
ligations  in  the  nature  of  compacts  or  contracts, 
at  the  option  of  the  party  obligated  thereby.  It 
destroys  all  claims  of  one  belligerent  upon  the 
other,  except  those  which  may  be  sanctioned  by 
a  treaty  of  peace.  A  civil  territorial  war  has  the 
same  effect,  excepting  only  that  the  sovereign 
may  treat  the  rebels  as  subjects  as  well  as  bel 
ligerents.  Hence  civil  war,  in  which  the  belliger 
ents  have  become  territorial  enemies,  instant 
ly  annuls  all  rights  or  claims  of  public  enemies 
against  the  United  States,  under  the  Constitution 
or  laws,  whether  that  Constitution  be  called  a 
compact,  a  treaty,  or  a  covenant,  and  whether  the 

stead,  therefore,  of  inquiring  after  armies  and  navies,  and  vic 
tories  lost  and  won,  or  organized  rebellion  against  the  general 
Government,  the  inquiry  should  be  into  the  law  of  nations,  and 
into  the  municipal  and  fundamental  laws  of  the  Government. 
For  we  find  there,  that  to  constitute  a  civil  war,  in  the  sense  in 
which  we  are  speaking,  before  it  can  exist  in  contemplation  of 
law,  it  must  be  recognized  or  declared  by  the  sovereign  power 
of  the  State  ;  and  which  sovereign  power,  by  our  Constitution,  is 
lodged  in  the  Congress  of  the  United  States.  Civil  war  there 
fore,  under  our  system  of  government,  can  exist  only  by  an  act 
Of  Congress,  which  requires  the  assent  of  two  of  the  great  de 
partments  of  the  Government,  the  Executive  and  the  Legisla 
tive."  Page  690. 

"  The  laws  of  war,  whether  the  war  be  civil  or  inter  gentes,  as 
we  have  seen,  convert  every  citizen  of  the  hostile  State  into  a 
public  enemy,  and  treat  him  accordingly,  whatever  may  have 
been  his  previous  conduct." 

"Congress  alone  can  determine  whether  war  exists  or  should 
be  declared.  And  until  they  have  so  acted,  no  citizen  of  the 
State  can  be  punished  in  his  person  or  property  unless  he  has 
committed  some  offence  against  a  law  of  Congress,  passed  before 
the  act  was  committed,  which  made  it  a  crime  and  defined  the 
punishment.  Until  then,  the  penalty  of  confiscation  for  the 
acts  of  others  with  which  he  had  no  concern,  cannot  lawfully  ba 
inflicted." 

"  By  the  Act  of  16  Geo.  III.,  1776,  all  trade  between  the  Co' 
onies  and  Great  Britain  was  interdicted." 

"  From  this  time  the  war  (of  the  revolution)  became  a  terri 
riforial,  civil  war  between  the  contending  parties,  ivith  all  th< 
rights  of  war  known  to  the  law  of  nations.'1'' 

"The  Act  of  Congress  of  July  thirteenth,  1861,  we  think  re 
cognized  a  state  of  civil  war  between  the  Government  and  the 
Confederate  States,  and  made  it  territorial.'1''  Page  695. 

"  We  agree,  therefore,  that  the  Act  of  the  thirteenth  of  July, 
1861,  recognized  a  state  of  civil  war  between  the  Government 
and  the  people  of  the  States  described  in  that  Proclamation,  (of 
August  sixteenth,  1861.)  Page  696. 

"  But  this  (the  right  of  the  President  to  recognize  a  state  of 
civil  war  as  existing  between  a  foreign  government  and  its  col 
onies)  is  a  very  different  question  from  the  one  before  us,  U'hich 
is,  whether  the  President  can  recognize  or  declare  a  civil  war, 
under  the  Constitution,  with  all  its  belligerent  rights,  between 
his  own  government  and  a  portion  of  its  citizens  in  a  state  of  in 
surrection.  That  power,  as  we  have  seen,  belongs  to  Congress. 
We  agree  when  such  a  war  is  recognized,  or  declared  to  exist 
by  the  war-making  power,  but  not  otherwise,  it  is  the  duty  oj 
courts  to  follow  the  decision  of  the  political  power  of  the  Gov 
ernment."  Page  697. 

"  No  civil  war  existed  between  this  Government  and  the  States 
in  insurrection  till  recognized  by  the  Act  of  Congress  of  July 
thirteenth,  1861.  The  President  does  not  possess  the  power, 
under  the  Constitution,  to  declare  war,  or  recognize  its  existence 
within  the  meaning  of  the  law  of  nations,  which  carries  with 
it  belligerent  rights,  and  thus  change  the  country  and  all  it$ 
citizens  from  a  state  of  peace  to  a  state  of  war.  This  power  be 
longs  exclusively  to  the  Congress  of  the  United  States,  and  COR- 
sequently  the  President  had  no  power  to  set  on  foot  a  blockade 
under  the  law  of  nations,  and  the  capture  of  the  vessel  and  cargo 
in  all  cases  before,  in  which  the  capture  occurred  before  the 
thirteenth  Of  July,  1861,  for  breach  of  blockade,  or  as  enemy's 
property,  is  illegal  and  void."  Page  699. 

Mr.  Chief-Justice  Taney  and  Messrs.  Justices  Catron  and  Olif- 
foni  concurred  with  Mr.  Justice  Nelson  in  the  Dissenting  Opin 
ion. 


DOCUMENTS. 


743 


parties  to  it  were  States,  in  their  sovereign  ca 
pacity,  or  the  people  of  the  United  States,  as  in 
dividuals.  Any  other  result  would  be  as  incom 
prehensible  as  it  would  be  mischievous.  A  pub 
lic  enemy  cannot  lawfully  claim  the  right  of 
entering  Congress  and  voting  down  the  measures 
taken  to  subdue  him. 

Why  not  ?  Because  he  is  a  public  enemy  ; 
because,  by  becoming  a  public  enemy,  he  has 
annulled  and  lost  his  rights  in  the  Government, 
and  can  never  regain  them  excepting  by  our  con 
sent. 

STATE    EIGHTS    TO    BE    REGAINED    ONLY  BY  OUR  CON 
SENT. 

If  the  inhabitants  of  a  large  part  of  the  Union 
have,  by  becoming  public  enemies,  surrendered 
and  annulled  their  former  rights,  the  question 
arises,  Can  they  recover  them  ?  Such  rights 
cannot  be  regained  by  reason  of  their  having 
ceased  to  fight.  The  character  of  a  public  ene 
my  having  once  been  stamped  upon  them  by  the 
laws  of  war,  remains  fixed  until  it  shall  have 
been,  by  our  consent,  removed.  To  stop  fight 
ing  does  not  make  them  cease  to  be  public  ene 
mies,  because  they  may  have  laid  down  their 
arms  for  want  of  powder,  not  for  want  of 
will.  Peace  does  not  restore  the  noble  dead  who 
have  fallen  a  sacrifice  to  treason.  Nor  does  it 
revive  the  rights  once  extinguished  by  civil,  terri 
torial  war.  The  land  of  the  Union  belongs  to  the 
people  of  the  United  States,  subject  to  the  rights 
of  individual  ownership.  Each  person  inhabit 
ing  those  sections  of  the  country  declared  by  the 
President's  Proclamation  to  be  in  rebellion,  has 
the  right  to  what  belongs  to  a  public  enemy,  and 
no  more.  He  can  have  no  right  to  take  any  part 
in  our  Government.  That  right  does  not  belong 
to  an  enemy  of  the  country  while  he  is  waging 
war,  or  after  he  has  been  subdued.  A  public 
enemy  has  a  right  to  participate  in,  or  to  assume 
the  government  of  the  United  States,  only  when 
he  has  conquered  the  United  States.  We  find  in 
this  well-settled  doctrine  of  belligerent  law  the 
solution  of  all  questions  in  relation  to  State  rights. 
After  the  inhabitants  of  a  district  have  become 
public  enemies  they  have  no  rights,  either  State 
or  National,  as  against  the  United  States.  They 
are  belligerents  only,  and  have  left  to  them  only 
belligerent  rights. 

STATE     RIGHTS    ARE     NOT     APPURTENANT    TO     LAND. 

Suppose  that  all  the  inhabitants  living  in 
South-Carolina  should  be  swept  off,  so  that  soli 
tude  should  reign  throughout  its  borders,  un 
broken  by  any  living  thing;  would  the  State 
rights  of  South-Carolina  still  exist  as  attached  to 
the  land  itself?  Can  there  be  a  sovereignty 
without  a  people,  or  a  State  without  inhabitants  ? 
State  rights,  so  far  as  they  concern  the  Union, 
are  the  rights  of  persons,  as  members  of  a  State, 
in  relation  to  the  general  government ;  and  when 
the  person  has  become  a  public  enemy,  then  he 
loses  all  rights  except  the  rights  of  war.  And 
when  all  the  inhabitants  have  (by  engaging  in 
civil,  territorial  war)  become  public  enemies,  it  is 


the  same,  in  legal  effect,  as  though  the  inhabit 
ants  had  been  annihilated.  So  far  as  this  gov 
ernment  is  concerned,  civil,  territorial  war  oblit 
erates  from  districts  in  rebellion  all  lines  of 
States  or  counties ;  the  only  lines  recognized  by 
war  are  the  lines  which  separate  us  from  a  public 
enemy. 

FORFEITURE  NOT  CLAIMED THE  RIGHT  OF  SECES 
SION  NOT  ADMITTED,  SINCE  CITIZENS  MAY  BE 
DEEMED  BELLIGERENTS  AND  SUBJECTS. 

I  do  not  place  reliance  upon  the  common  law 
doctrine  of  forfeitures  of  franchises,  as  applicable 
to  this  revolution,  for  forfeiture  can  be  founded 
only  upon  an  admission  of  the  validity  of  the  act 
on  which  forfeiture  is  founded.  Nor  does  the 
belligerent  law  of  civil,  territorial  war,  whereby 
a  public  enemy  loses  his  rights  as  a  citizen,  ad 
mit  the  right  of  secession.  It  is  not  any  vote  or 
law  of  secession  that  makes  an  individual  a  pub 
lic  enemy.  A  person  may  commit  heinous  of 
fences  against  municipal  law,  and  commit  acts  of 
hostility  against  the 'government,  without  being 
a  public  enemy.  To  be  a  personal  enemy,  is  not 
to  be  a  public  enemy  to  the  country,  in  the  eye 
of  belligerent  or  international  law.  Whosoever 
engages  in  an  insurrection  is  a  personal  enemy, 
but  it  is  not  until  that  insurrection  has  swelled 
into  territorial  war  that  he  becomes  a  public  ene 
my.  It  must  also  be  remembered  that  the  right 
of  secession  is  not  conceded  by  enforcement  of 
belligerent  law,  since  in  civil  war  a  nation  has 
the  right  to  treat  its  citizens  either  as  subjects  or 
belligerents,  or  as  both.  Hence,  while  belliger 
ent  law  destroys  all  claims  of  subjects  engaged 
in  civil  war,  as  against  the  parent  government,  it 
does  not  release  the  subject  from  his  duties  to 
that  government.  By  war,  the  subject  loses  his 
rights,  but  does  not  escape  his  obligations.  The 
inhabitants  of  the  conquered  districts  will  thus 
lose  their  right  to  govern  us,  but  will  not  escape 
their  obligations  to  obey  us.  Whatever  rights 
are  left  to  them  besides  the  rights  of  war,  will  be 
such  as  we  choose  to  allow  them.  It  is  for  us  to 
dictate  to  them,  not  for  them  to  dictate  to  us, 
what  privileges  they  shall  enjoy. 

THE  PLEDGE  OF  THE  COUNTRY  TO  ITS  SOLDIERS, 
ITS  CITIZENS,  AND  ITS  SUBJECTS,  MUST  BE  KEPT 
INVIOLATE. 

Among  the  war  measures  sanctioned  by  the 
President,  to  which  he  has,  more  than  once, 
pledged  his  sacred  honor,  and  which  Congress 
has  enforced  by  solemn  laws,  is  the  liberation  of 
slaves.  The  Government  has  invited  them  to 
share  the  dangers,  the  honor,  and  the  advantages 
of  sustaining  the  Union,  and  has  pledged  itself 
to  the  world  for  their  freedom.  Whatever  disas 
ters  may  befall  our  arms,  whatever  humiliation 
may  be  in  store  for  us,  it  is  earnestly  hoped  that 
we  may  be  saved  the  unfathomable  infamy  of 
breaking  the  nation's  faith  with  Europe,  and 
with  colored  citizens  and  slaves  in  the  Union. 

If  the  rebellious  States  shall  attempt  to  return 
to  the  Union  with  constitutions  guaranteeing  the 
perpetuity  of  slavery  ;  if  the  laws  of  these  States 


744 


REBELLION  RECORD,  1862-63. 


shall  be  again  revived  and  put  in  force  against 
free  blacks  and  slaves,  we  shall  at  once  have  re 
instated  in  the  Union,  in  all  its  force  and  wicked 
ness,  that  very  curse  which  has  brought  on  the 
war  and  all  its  terrible  train  of  sufferings.  The 
war  is  fought  by  slaveholders  for  the  perpetuity 
of  slavery.  Shall  we  hand  over  to  them,  at  the 
end  of  the  war,  just  what  they  have  been  fighting 
for  ?  Shall  all  our  blood  and  treasure  be  spilled 
uselessly  upon  the  ground  ?  Shall  the  country 
not  protect  itself  against  the  evil  which  has 
caused  all  our  woes  ?  Will  you  breathe  new  life 
into  the  strangled  serpent,  when,  without  your 
aid,  he  will  perish  ? 

If  you  concede  State  rights  to  your  enemies, 
what  security  can  you  have  that  traitors  will  not 
pass  State  laws  which  will  render  the  position  of 
the  blacks  intolerable,  or  reduce  them  all  to 
slavery  ? 

Would  it  be  honorable  on  the  part  of  the 
United  States  to  free  these  men,  and  then  hand 
them  over  to  the  tender  mercy  of  slave  laws  ? 

Will  it  be  possible  that  State  slave  laws  should 
exist  and  be  enforced  by  slave  States  without 
overriding  the  rights  guaranteed  by  the  United 
States  law  to  men,  irrespective  of  color,  in  the 
slave  States  ? 

Will  you  run  the  risk  of  these  angry  collisions 
of  State  and  national  laws  while  you  have  the 
remedy  and  antidote  in  your  own  hands  ? 

PLAN    OF    RECONSTRUCTION    RECOMMENDED. 

One  of  two  things  should  be  done,  in  order  to 
keep  faith  with  the  country  and  save  us  from  ob 
vious  peril.  Allow  the  inhabitants  of  conquered 
territory  to  form  themselves  into  States,  only  by 
adopting  constitutions  such  as  will  for  ever  re 
move  all  cause  of  collision  with  the  United  States, 
by  excluding  slavery  therefrom,  or  continue  mil 
itary  government  over  the  conquered  district, 
until  there  shall  appear  therein  a  sufficient  num 
ber  of  loyal  inhabitants  to  form  a  republican  gov 
ernment,  which,  by  guaranteeing  freedom  to  all, 
shall  be  in  accordance  with  the  true  spirit  of  the 
Constitution  of  the  United  States.  These  safe 
guards  of  freedom  are  requisite  to  render  per 
manent  the  domestic  tranquillity  of  the  country, 
which  the  Constitution  itself  was  formed  to  se 
cure,  and  which  it  is  the  legitimate  object  of  this 
war  to  maintain.* 

With  great  respect,  your  obedient  servant, 
WILLIAM  WHITING. 

WASHINGTON,  July  28, 1863. 


Doc.  99. 
THE    FIGHT    AT    FORT    McALLISTER.t 

REBEL    OFFICIAL    REPORTS. 

SAVANNAH,  Sunday,  February  1, 1863. 

To  Brigadier- General  Thomas  Jordan,  Chief  of 

Staff: 

GENERAL  :  A  communication  from  Coffee  Bluff, 
about  four  and  a  half  miles  in  a  direct  line  from 

*  See  President  Lincoln's  Message  and  Amnesty  Proclamation, 
December  3  and  *,  1863. 
t  See  Volume  VI.  REBELLION  RECORD. 


Genesis  Point,  sent  by  Captain  E.  C.  Anderson, 
states  that  the  last  gun  was  fired  at  about  a  quar 
ter  before  one  P.M.,  and  that  the  Abolition  iron 
clad  was  retreating  seemingly  damaged,  as  she 
moved  very  slowly.  She  had  lost  all  her  flags, 
except  one  rigged  for  the  occasion,  and  the  Fort 
plied  her  briskly  with  shot  until  she  got  out  of 
range.  The  wooden  vessels  were  firing  a  shot 
occasionally  to  cover  her  retreat.  Information 
has  been  received  from  Thunderbolt  battery,  for 
warded  at  two  o'clock  from  that  point,  stating 
that  a  schooner-rigged  steamer  had  just  appeared 
and  was  in  sight  slowly  steaming  up,  having  fired 
one  gun.  Another  steamer,  supposed  to  be  an 
iron-clad,  was  also  in  sight.  H.  W.  MERGER, 

Brigadier-General  Commanding. 
WAY  STATION,  via  SAVANNAH,  February  1. 

To  General  Jordan  : 

The  fight  lasted  five  hours,  ending  at  three 
quarters  past  twelve.  Major  Gallic's  brains  were 
blown  out — no  one  else  killed,  and  none  actually 
wounded.  Seven  privates  were  injured  by  con 
cussion.  One  thirty-pounder  had  its  trunnion 
knocked  off  and  its  carriage  splintered.  The 
parapet  was  badly  torn  up  in  about  five  places. 
It  was  half  demolished  in  front  of  a  columbiad 
chamber.  The  enemy's  iron-clad  was  struck  a 
dozen,  probably  two  dozen  times,  and  has  gone 
back  out  of  sight.  She  came  within  a  thousand 
yards,  probably  seven  hundred  of  our  battery. 
Colonel  R.  H.  Anderson  and  garrison  have  acted 
nobly.  HENRY  BRYAN, 

Major  and  Inspector-General 


Doc.  100. 
INDIAN    SCOUTS   AND   THEIR    RESULTS 

FOR  THE  YEAR  18G3. 
GENERAL  CARLETON's  ORDER. 

HEADQUARTERS  DEPARTMENT  OF  NEW-MEXICO,  ) 
SANTA  FB,  NEW-MEXICO,  February  24,  1864.    f 

GENERAL  ORDERS,  No.  3. 

THE  following  notices  of  combats  with  hostile 
Indians  in  New-Mexico,  and  synopsis  of  Indian 
depredations,  as  well  as  operations  generally 
against  them,  during  the  year  1803,  are  published 
for  the  information  of  all  concerned.  Perhaps 
not  over  one  scout  in  four  which  was  made  against 
the  Indians  during  that  period  was  at  all  success 
ful  ;  but  no  notice  is  made,  except  of  scouts  which 
had  results  for  or  against  us.  This  fact  is  stated 
to  convey  a  better  idea  of  the  labor  of  the  troops : 

January  4.  —  Colonel  Carson,  Commanding 
Fort  Stan  ton,  reports  arrival  of  two  Mescalero 
Indians,  who  stated  that  in  six  days,  one  hundred 
Mescalero  Indians  would  deliver  themselves  up 
at  Fort  Stanton  ;  that  this  number  comprised  all 
the  Mescaleros  not  already  at  Bosque  Redondo. 

January  9.  —  Captain  Updegraff,  commanding 
Fort  Sumner,  reports  that  two  men  of  the  picket 
stationed  at  Bosque  Grande  left  the  picket  con 
trary  to  orders,  to  hunt,  and  that  one  of  them, 
private  Samuel  Strunk,  company  M,  First 
New-Mexico  volunteers,  was  killed  by  Indians, 


DOCUMENTS. 


745 


that  the  number  of  Indians  then  at  Bosque  Re- 
dondo  was  two  hundred  and  forty-eight. 

January  17. — Colonel  Carson  reports  the  ar 
rival  at  Fort  Stanton  of  one  hundred  Mescaleros 
mentioned  in  his  communication  of  the  fourth 
instant  under  the  following  named  Chiefs  :  "  Ojo 
Blanco,  Janero  Viejo,  Janero  Pablo,  Janero  Fran 
cisco,  Jose  La  Paz,  Mancos  Son,  Schat-hi." 

January  17. —  Captain  E.  D.  Shirland,  First 
cavalnr  California  volunteers,  brought  Mangus 
Colorado,  an  Apache  chief,  into  Fort  McLean  a 
prisoner.  On  the  morning  of  the  eighteenth,  in 
attempting  to  escape,  Mangus  was  killed  by  the 
guard.  January  twentieth,  Captain  Shirland 
came  upon  an  Indian  rancheria,  surprised  and 
defeated  the  Indians,  killing  nine  and  wounding 
many  more,  and  capturing  from  them  thirty-four 
head  of  stock,  a  portion  of  which  were  Government 
mules.  The  rancheria  and  all  that  pertained  to 
it  was  destroyed. 

January  19. — Captain  William  McCleave,  First 
cavalry  California  volunteers,  reports  that  in 
obedience  to  orders,  he  started  from  Fort  Mc 
Lean  and  proceeded  to  the  Pinos  Altos  Mines. 
Arriving  at  the  latter  place,  a  party  of  Mangus 
Colorado's  band  of  Apaches  approached ;  the  men 
were  ordered  to  attack  them,  which  was  done ; 
eleven  Indians  were  killed  and  one  wounded. 
The  latter  proved  to  be  the  wife  of  the  chief  Man 
gus  Colorado.  Three  horses  were  captured,  but 
being  in  poor  condition,  the  people  at  the  mines 
were  permitted  to  keep  them.  Eleven  Indians 
killed,  one  wounded,  and  three  horses  captured. 

January  29. — On  the  twenty-ninth  of  January 
the  Indians  attacked  two  hunting  parties  of  com 
pany  A,  Fifth  infantry  California  volunteers, 
at  Pirios  Altos  Mines,  killed  private  Hassey  and 
wounded  Sergeant  Sitton.  The  Indians  were 
driven  off  with  a  loss  of  twenty  killed  and  fifteen 
wounded.  Sergeant  Sitton  behaved  gallantly  in 
this  affair. 

February  16. — L.  M.  Vaca  reports  that  four 
thousand  sheep  were  stolen  from  the  neighbor 
hood  of  Limitar  by  Navajoes,  and  reports  that  the 
Navajoes  stole  two  thousand  sheep  which  he  re 
captured  at  the  Sierras  Oscuras,  (Black  Hills,) 
killing  three  and  wounding  several  Indians  and 
capturing  all  their  saddles,  provisions,  etc. 

February  25. — Jose  L.  Perea  reports  that  a 
band  of  forty  Navajoes  attacked  and  drove  off 
six  thousand  sheep  twenty-five  miles  south  of 
Pope's  Artesian  Well. 

March  4. — L.  M.  Vaca  reports  that  since  Feb 
ruary  twenty-sixth,  three  hundred  and  ten  head 
of  horses  and  cattle  have  been  stolen  by  Indians 
from  the  neighborhood  of  Limitar. 

March  5.  —  Major  Morrison  reports  departure 
of  Indians  mentioned  in  Colonel  Carson's  com 
munication  of  January  seventeenth,  1862,  from 
Fort  Stanton  to  Bosque  Redondo ;  also  the  de 
parture  of  fifteen  additional  Indians  who  had  given 
themselves  up. 

March  12. — Indians  captured  near  Sabinal  two 
thousand  three  hundred  head  of  sheep,  were  fol 
lowed  by  Mexicans,  who  recaptured  them  on  the 
Jornada,  on  the  night  of  the  twelfth  or  thirteenth. 


March  — . — A  band  of  forty  Indians  pursued 
two  expressmen  going  from  Fort  Stanton  to  For*" 
Union.  These  Indians  had  a  large  herd  of  sheep 
Captain  Abreii,  commanding  Fort  Stanton,  sent 
Lieutenant  McAllister  and  thirty  men  with  ten 
days'  rations  to  the  "Sierras  Oscuras,"  to  inter 
cept  them.  The  expedition  failed  to  recover  the 
stock. 

March  22. — On  the  afternoon  of  March  twenty- 
second  the  Gila  Apaches  made  a  descent  upon 
the  public  herd  which  was  grazing  near  Fort 
West,  and  succeeded  in  running  off  some  sixty 

head   of    horses ;    Indians  numbered .     At 

eight  o'clock  P.M.  the  gallant  Major  William  Mc 
Cleave,  First  cavalry  California  volunteers,  start 
ed  in  pursuit,  with  a  command  consisting  of  Lieu 
tenants  French  and  Latimer,  First  cavalry  Cali 
fornia  volunteers,  forty  men  of  company  A, 
twenty-five  men  of  company  B,  and  fourteen 
men  of  company  C,  First  cavalry  California 
volunteers.  Major  McCleave  followed  trail  of  In 
dians  in  a  westerly  course  about  seventy  miles 
and  down  the  Gila  five  miles,  then  across  a  divide 
to  Rio  Negro,  where  he  arrived  at  nine  A.M.  on  the 
twenty-sixth,  and  then  moved  up  the  stream  a 
short  distance.  Signs  at  this  point  indicated  the 
close  proximity  of  Indians  and  a  rancheria. 
During  twilight  command  moved  up  the 
stream  two  miles  and  made  camp.  Thirty  men 
were  mounted  on  only  serviceable  animals  left, 
under  Lieutenant  Latimer,  and  thirty  dismounted 
under  Major  McCleave,  started  in  search  of  ran 
cheria,  leaving  remainder  of  command  with  Lieu 
tenant  French  in  charge  of  broken-down  animals, 
pack  animals,  provisions,  etc.  Leaving  the  camp 
at  eight  o'clock  P.M.,  the  command  ascended  a 
mountain  on  the  west  side  of  the  stream,  and 
travelled  about  twelve  miles  without  meeting  with 
any  success;  here  command  rested  from  one 
o'clock  of  the  twenty-seventh  until  dawn  of  day, 
it  raining  all  the  time.  When  light  enough  to 
see,  Major  McCleave  discovered  from  an  elevated 
position,  trees,  which  indicated  presence  of  water, 
and  a  horse  grazing  in  neighborhood  also  indi 
cated  that  the  rancheria  was  near  by.  Lieuten 
ant  Latimer  was  ordered  ahead  with  his  com 
mand  ;  discovered  rancheria  and  gallantly  charg 
ed  upon  it.  Part  of  the  dismounted  men  imme 
diately  commenced  gathering  in  and  guarding 
the  horses  to  prevent  the  escape  of  the  Indians, 
while  the  others  were  skirmishing  and  fighting 
on  the  bluffs.  The  fight  lasted  for  twenty  min 
utes,  and  resulted  in  the  complete  routing  of  the 
Indians,  the  capture  of  all  our  own  horses  that 
could  be  found  and  many  Indian  horses ;  the 
killing  of  twenty-five  Indians,  and  the  complete 
destruction  of  the  rancheria,  provisions,  arid  all 
they  possessed.  Private  Hall,  of  company  B, 
First  cavalry  California  volunteers,  was  wound 
ed  in  this  fight.  The  command  then  returned  to 
camp,  and  soon  after  noon  started  on  return  trip 
by  a  route  supposed  more  direct  than  the  one  by 
which  the  Indians  were  followed  from  the  fort. 
This  route  led  up  a  canon  from  sides  of  which  the 
Indians  attacked  rear-guard  of  the  command, 
wounding  Lieutenant  French,  killing  two  horses, 


746 


REBELLION   RECORD,  1862-63. 


and  wounding  one.  As  soon  as  the  attack  was 
made,  the  soldiers  ascended  the  perpendicular 
walls  of  the  cafton  by  climbing  one  over  the  other. 
This  was  done  amidst  showers  of  arrows.  As  soon 
as  they  reached  the  top  the  Indians  fled  in  every 
direction.  The  superiority  of  the  Californians 
over  the  Apaches  at  their  own  style  of  fighting 
was  shown  in  the  case  of  Corporal  Ellis,  of  com 
pany  A,  who  crawled  unseen  to  a  rock  behind 
which  was  an  Indian,  and  giving  a  short  cough 
the  Indian  raised  his  head  to  discover  its  cause 
when  a  bullet  from  Ellis' s  rifle  dashed  through 
his  brain.  The  Indians  lost  in  this  attack  three 
killed. 

On  the  thirtieth,  provisions  giving  out,  a  ser 
geant  and  five  men  were  sent  to  the  Fort  for  a 
supply.  Until  their  return  the  party  subsisted 
on  horse-flesh. 

On  the  fourth  of  April  the  command  reached 
Fort.  On  the  fifth,  private  Hall  died  from  the 
wounds  received  in  the  fight. 

Indian  loss,  twenty-eight  killed  ;  troops,  one. 

March  24. — Major  Morrison,  with  Captain 
Pfeiffer's  company,  New-Mexico  volunteers,  en 
route  from  Fort  Stanton  to  Fort  McRae,  at  San 
Nicolas  Spring  came  upon  a  wounded  Mexican,  who 
stated  he  belonged  to  a  train  belonging  to  Martin 
Lujan  of  Socorro,  Texas  ;  that  the  train  had  been 
attacked  by  Indians  and  nearly  all  the  party  killed : 
he  being  wounded  in  three  places  and  left  for 
dead.  Major  Morrison  with  Lieutenant  Bargie  and 
eighteen  men  of  the  company  went  in  pursuit ; 
came  to  the  salt  marshes  at  day-break  of  the 
twenty-fifth,  found  ten  wagons  stripped  of  every 
thing  portable,  and  within  a  circuit  of  three  miles 
seven  dead  bodies  of  Mexicans,  which  they  buried. 
They  then  followed  the  trail  of  the  Indians  toward 
the  Sacramento  Mountains  ;  then  toward  the 
Sierra  Blanca  until  noon,  when  they  met  a  party 
of  Mexicans  from  Tularosa,  in  pursuit  of  the 
same  Indians  ;  they  had  been  informed  of  the 
massacre  by  another  wounded  Mexican  who  had 
escaped.  The  Indians  had  at  this  time  twenty 
hours'  start,  and  were  hidden  in  the  recesses  of 
the  Sierra  Blanca.  Major  Morrison  returned  to 
San  Nicolas  Spring,  arriving  there  on  the  evening 
of  the  twenty-fifth,  having  travelled  one  hundred 
and  fifty  miles.  Lieutenant  Bargie's  conduct  is 
spoken  of  as  deserving  of  praise.  Estimated 
number  of  Indians  forty-five  in  all,  twenty  of 
whom  were  warriors  ;  arrows  indicate  they  were 
Apaches;  seven  Mexicans  killed  and  seventy 
head  of  cattle  stolen. 

April  25.  —  Captain  Benjamin  F.  Harrover, 
Fifth  infantry,  California  volunteers,  reports,  that 
he  attacked  at  Apache  Pass  a  band  of  Apache 
Indians,  numbering  about  two  hundred,  thirty  of 
them  mounted  and  several  of  them  armed  with 
guns. 

At  the  first  fire  the  Indians  fell  back,  but  kept 
up  the  fight  for  nearly  two  hours.  In  this  affair 
private  Wilcox  of  company  E,  Fifth  infantry,  Cal 
ifornia  volunteers,  was  wounded. 

Indian  loss  three  killed ;  —  wounded. 

Troops,  one  private  wounded. 

Hay  — . — Major  Joseph  Smith,   commanding 


Fort  Stanton,  reports  that  a  party  of  Indiana 
made  a  descent  on  the  farmers  of  Ruidoso,  and 
killed  a  man  named  Harding,  robbed  his  house, 
and  drove  off  ten  or  twelve  head  of  stock. 

May  1. — Cesario  Duran,  a  citizen,  reports  that 
a  party  under  his  command  had  a  hard  fight  with 
the  Apaches  in  the  San  Andres  Mountains,  and 
succeeded  in  killing  and  wounding  many  Indians  ; 
the  party  lost  two  men  killed ;  the  party  recover 
ed  several  animals  and  captured  seven  horses. 

May  8. — Lieutenant-Colonel  J.  F.  Chaves,  First 
New-Mexico  volunteers,  reports  that  an  Indian 
named  "  Gordo  "  was  seized  and  turned  over  to 
Lieutenant  B.  Stevens  on  the  morning  of  the 
eleventh  instant.  The  Indian  unbound  himself 
and  attempted  to  escape ;  the  sentinel  in  charge 
shot  and  killed  him. 

May  10.— On  the  night  of  the  fifteenth  the 
Navajoes  stole  from  Jemez  six  head  of  horses. 

May  — . — Charles  T.  Hayden,  citizen,  reports 
that  the  Indians  attacked  his  train  near  the  line 
of  Chihuahua  ;  they  were  defeated  with  a  loss  of 
eleven  killed,  including  the  renowned  Copinggan. 
Three  horses  were  captured  in  this  fight. 

May  —.—Captain  T.  T.  Tidball,  Fifth  infantry 
California  volunteers,  with  twenty-five  men  of  his 
company  arid  a  small  party  of  citizens,  attacked  a 
rancheria  in  Cajon  de  Arivaypa,  killing  over  fifty 
Indians,  wounding  as  many  more,  taking  ten 
prisoners,  and  capturing  sixty  head  of  stock,  with 
the  loss  of  only  one  man,  Thomas  McClelland. 
The  party  marched  five  days  without  lighting  a 
fire,  maintaining  silence,  hiding  by  day  and  trav 
elling  by  night,  over  a  country  hitherto  untrod  by- 
white  men. 

June  — . — Major  Joseph  Smith,  commanding 
Fort  Stanton,  reports  that  the  Indians  attacked 
the  expressmen  on  the  twenty -first  of  June  near 
the  Gallinas,  and  compelled  them  to  abandon 
their  mules  and  express  matter,  and  take  to  the 
mountains.  The  mules  and  express  lost. 

June  24. — Major  Morrison  reports  an  attack  on 
Lieutenant  Bargie  and  escort  on  the  Jornada,  in 
which  Lieutenant  Bargie  while  fighting  gallantly 
was  killed.  The  conduct  of  Sergeants  Pena  and 
Ulisari  and  the  two  prisoners  they  had  in  charge 
is  highly  praised. 

June  26. — Major  Morrison  reports  further  in 
regard  to  the  fight  on  the  Jornada,  that  private 
Lucero,  First  New-Mexico  volunteers,  was  killed. 

June  20. — Captain  A.  H.  Pfeiffer,  wife  and  two 
servant-girls,  with  escort  of  six  men  of  the  First 
New-Mexico  volunteers  were  attacked  by  a  party 
of  Apache  Indians  numbering  fifteen  or  twenty, 
at  a  hot  spring  near  Fort  McRae.  The  Captain 
was  bathing  at  the  time  when  the  Indians  made 
a  rush  upon  the  party,  killing  two  men,  privates 
Nestor  Quintana  and  Mestas.  Captain  PfeifFer 
was  wounded  in  his  side  by  an  arrow,  and  pri 
vate  Dolores  received  two  shots  in  his  right  arm 
and  hand.  A  citizen  named  Betts,  who  was  with 
Captain  Pfeiffer,  was  also  wounded.  The  re 
mainder  of  the  party,  except  the  women,  succeed 
ed  in  reaching  Fort  McRae  unharmed,  and  re 
ported  facts  to  Major  Morrison,  commanding  post. 
He  immediately  started  in  pursuit  with  twenty 


DOCUMENTS. 


747 


mounted  men,  but  did  not  succeed  in  overtaking 
the  Indians.  Mrs.  Pfeiffer  and  the  servant-girls 
were  found  in  the  trail  badly  wounded.  Mrs. 
Pfeiffer  and  one  of  the  servants  have  since  died, 
the  other  doing  well. 

Loss  in  this  affair,  two  privates  killed,  two 
women  mortally  wounded,  one  officer,  one  pri 
vate,  one  woman,  and  a  citizen  wounded ;  seven 
horses  and  two  mules  taken  by  the  Indians.  In 
dian  loss  unknown. 

June  27. — Major  Joseph  Smith,  commanding 
Fort  Stanton,  reports  the  loss  of  part  of  his  herd 
of  horses  and  mules  stolen  by  Indians.  An  in 
fantry  company  sent  in  pursuit. 

June  28. — Lieutenant  W.  H.  Higdon,  Fifth  in 
fantry,  California  volunteers,  reports  that  on  his 
way  from  Fort  Stanton  to  Santa  Fe,  near  Gal- 
linas  Springs,  he  found  the  bodies  of  privates 
Nicolas  Quintana  Of  company  A,  First  New-Mex 
ico  volunteers,  and  John  Hinckley  of  company  A, 
Fifth  California  volunteers,  who  had  been  mur 
dered  by  the  Indians.  The  Indians  had  evident 
ly  wounded  private  Quintana,  tied  him  to  a  stake 
and  burned  him.  Some  legal-tender  notes  and 
several  letters  were  found  near  the  body  of 
Hinckley. 

July  2. — Lieutenant-Colonel  Chaves  reports 
that  Captain  Rafael  Chacon,  First  New-Mexico 
volunteers,  with  twenty-two  men,  was  sent  in 
pursuit  of  a  band  of  Indians,  who  had  stolen 
some  horses  and  oxen  from  Fort  Wingate.  The 
oxen  were  recaptured  near  the  post ;  the  troops  fol 
lowed  the  trail  of  the  Indians  for  three  days  and 
finally  overtook  them,  when  a  sharp  fight  ensued. 
The  Indians  fought  with  great  bravery,  but  were 
finally  driven  from  their  cover  and  fled. 

The  conduct  of  Sergeant  Antonio  Jose  Trez- 
quez  in  this  affair  is  highly  spoken  of  by  Captain 
Chacon.  Indian  loss  unknown.  Troops,  one 
private  wounded. 

July  4. — Captain  N.  J.  Pishon  reports  that 
with  twenty-seven  men  of  his  company,  D,  First 
cavalry  California  volunteers,  he  pursued  a  party 
of  eight  Indians,  who  had  driven  off  one  hundred 
and  four  Government  mules  from  Fort  Craig, 
overtook  them  a  few  miles  from  the  post,  and 
killed  four  Indians  and  recovered  all  the  mules. 
Captain  Jules  L.  Barbey,  who  accompanied  the 
command,  was  shot  through  the  wrist  by  an  ar 
row.  Privates  Jackson  and  Bancroft  were  also 
slightly  wounded. 

July  12.— Captain  A.  H.  French,  First  cav 
alry  California  volunteers,  with  twenty-seven 
men  of  his  company,  attacked  and  routed  near 
Fort  Thome  a  band  of  Apache  Indians,  supposed 
to  number  sixty  warriors. 

Indian  loss  ten  killed  and  four  horses  captured. 
Sergeant  Walsh  and  Farrier  Burns  were  wounded. 
July  11. — Sergeant  E.  W.  Hoyt,  of  company  D, 
First  infantry  California  volunteers,  with  three 
men  of  company  B  and  three  men  of  company  D, 
First  infantry  California  volunteers,  having  in 
charge  four  wagons  en  route  to  Las  Cruces,  was 
attacked  by  Indians  in  Cook's  Pass,  and  forced  to 
abandon  three  wagons  and  nineteen  mules,  and 
had  four  men  slightly  wounded.  Four  Indians  i 


are  known  to  have  been  killed  and  a  number 
wounded. 

Sergeant  Hoyt  acted  with  the  greatest  coolness 
in  this  affair. 

July  19. — Lieutenant  Juan  Marques,  First 
New-Mexico  volunteers,  while  returning  from 
Horse  Head  crossing  of  the  Pecos,  with  fifteen 
men  of  company  A,  First  New-Mexico  volunteers, 
was  attacked  at  the  Rio  Honda  by  about  fifty 
Indians  while  in  camp  at  that  point.  The  Indians 
gained  possession  of  the  camp,  but  were  finally 
driven  across  the  river,  carrying  with  them  their 
wounded.  They  soon  after  recrossed  the  river  and 
charged  on  the  herd,  but  were  again  driven  back 
with  loss.  In  this  charge  private  Jose  Chaves 
was  killed.  For  several  hours  the  fight  was  con 
tinued.  The  Indian  force  rapidly  increased,  and 
at  last  numbered  some  two  hundred.  The  am 
munition  gave  out,  and  the  soldiers  were  ordered 
to  break  their  rifles  and  make  their  escape,  which 
they  did. 

Lieutenant  Marques  reports  the  conduct  of  the 
following  named  men  as  worthy  of  mention : 
Corporals  Brigaloa  and  Jose  G.  Gonzales,  and 
privates  Santiago  Torres,  G.  Romero,  Antonio 
Archuleta,  Jose  D.  Tresquez  and  Jesus  Lopez. 
All  the  public  animals  (including  ten  mules)  were 
lost  in  this  affair. 

Indian  loss,  six  killed. 

July  22.— Captain  F.  P.  Abreu,  First  New- 
Mexico  volunteers,  and  Captain  Emil  Fritz,  First 
cavalry  California  volunteers,  with  a  detachment 
of  New-Mexico  and  California  volunteers,  left 
Fort  Stanton  for  the  Rio  Pecos,  to  overtake  and 
chastise  the  Indians  who  had  attacked  Lieuten 
ant  Marques. 

After  following  the  Indians  for  forty-five  miles, 
Captain  Fritz  came  upon  their  camp  and  captur 
ed  two  horses,  six  mules,  and  all  the  plunder  of 
the  camp  ;  the  Indians  made  their  escape. 

July  30. — Lieutenant  W.  H.  Higdon  reports 
that  on  the  thirtieth  of  July,  en  route  from  Fort 
Union  to  Fort  Stanton  he  saw  about  seventy-five 
[ndians  driving  a  large  herd  of  sheep,  judged  to 
number  twenty  thousand ;  believing  his  party 
too  small  to  attack  so  large  a  band  of  Indians, 
they  were  allowed  to  pass  unmolested. 

July  24. — Lieutenant  John  Lambert,  Fifth  in 
fantry  California  volunteers,  reports  that  the  In 
dians  attacked  a  detachment  under  his  command 
n  Cook's  Canon  ;  at  the  first  fire  Sergeant  Hance, 
of  company  H,  Fifth  infantry,  was  wounded  in 
iis  shoulder  and  hand ;  soon  after  private  Queen, 
of  company  F,  was  mortally  wounded.  Two 
wagons  were  abandoned  to  the  Indians,  also 
twelve  mules. 

Private  Queen  died  before  the  fight  ended. 

July  19. — Lieutenant-Colonel  McMullen's  am 
bulance  was  attacked  by  Indians  near  Paraje, 
and  Assistant  Surgeon  E.  S.  Watson,  First  in- 
"antry  California  volunteers,  and  private  John 
son,  company  G,  First  infantry  California  volun- 
eers,  were  killed. 

The  escort  killed  two  Indians  and  wounded 
others.  Colonel  McMullen's  horse  was  captured 
by  the  Indians. 


748 


REBELLION  RECORD,  1862-63. 


Our  loss,  one  commissioned  officer  and  one  pri 
vate  killed,  one  horse  lost. 

Indian  loss,  three  killed  and wounded. 

August  4. — Lieutenant  B.  Stevens,  First  New- 
Mexico  volunteers,  reports  that  when  returning 
from  Cuvero  to  Fort  Wingate  he  came  upon  a 
party  of  Navajoe  Indians,  seven  men  and  two 
boys ;  took  them  prisoners  and  placed  them  in 
the  guard-house  at  Fort  Wingate. 

August  6. — M.  Steck,  Superintendent  of  In 
dian  Affairs,  reports  that  a  portion  of  the  Utahs, 
Mohuaches,  and  Tabahuaches,  had  killed  nine 
Navajoes  and  captured  twetity-twb  horses. 

August  6. — Captain  E.  H.  Bergmann  reports 
that  a  party  of  company  I,  First  New-Mexico 
volunteers,  in  charge  of  a  herd  of  beef-cattle, 
were  attacked  by  a  body  of  Navajoes  on  the 
twenty-second  July,  near  Conchas  Springs.  The 
party  consisted. of  Sergeant  Jose  Lucero  and  pri 
vates  Juan  F.  Ortiz  and  Jose  Banneras,  who 
fought  the  Indians  from  eleven  A.M.  until  after 
sun-down,  killing  and  wounding  several  of  them. 
The  Indians  succeeded  in  killing  Sergeant  Lucero 
and  private  Ortiz.  Private  Banneras,  being  se 
verely  wounded  by  eight  arrow-shots,  gathered 
up  the  muskets  and  pistols  of  his  dead  comrades 
and  threw  them  into  the  springs.  The  Indians 
fractured  his  skull  with  rocks  and  left  him  for 
dead,  but  he  recovered  toward  morning  and  made 
his  way  to  Chaparita.  The  Indians  drove  off  the 
cattle.  (Number  not  stated.) 

Captain  Bergmann,  learning  that  the  Indians 
had  driven  off  ten  thousand  sheep,  mounted  thir 
ty  men  and  endeavored  to  intercept  them  at  the 
crossing  of  the  Pecos.  Corporal  Martinez  came 
close  to  their  rear  and  succeeded  in  killing  two 
and  wounding  several. 

The  corporal  destroyed  their  camp  utensils  and 
captured  three  beeves. 

August  11. — M.  Steck,  Superintendent  Indian 
Affairs,  reports  that  the  Utahs  have  during  the 
last  ten  days  killed  thirty  Navajoes,  and  captured 
and  brought  in  sixty  children  of  both  sexes,  and 
captured  thirty  horses  and  two  thousand  sheep. 
On  the  eleventh  instant,  four  Utahs  came  in  with 
three  scalps  and  six  captives. 

Total,  thirty- three  killed,  sixty-six  captured, 
and  thirty  horses  and  two  thousand  sheep  taken. 

August  19. — Colonel  Christopher  Carson  re 
ports  that  he  left  camp  near  Cation  Bonita,  Au 
gust  fifth,  1863,  on  a  scout  for  thirty  days.  On 
the  first  day  out,  sent  Sergeant  Romero  with  fif 
teen  men  after  two  Indians  seen  in  the  vicinity ; 
he  captured  one  of  their  horses  ;  the  Indians 
made  their  escape.  On  the  night  of  the  fourth 
instant,  Captain  Pfeiffer  captured  eleven  women 
and  children,  besides  a  woman  and  child,  the 
former  of  whom  was  killed  in  attempting  to  es 
cape,  and  the  latter  accidentally.  Captain  Pfeif 
fer' s  party  also  captured  two  other  children,  one 
hundred  sheep  and  goats,  and  one  horse.  The 
Utes  captured  in  the  same  vicinity  eighteen  horses 
and  two  mules,  and  killed  one  Indian.  Captain 
Pfeiffer  wounded  an  Indian,  but  he  escaped.  On 
the  sixteenth,  a  party  who  were  sent  for  some 
pack-saddles  brought  in  one  Indian  woman. 


At  this  camp  the  brave  Major  Cummings,  First 
New-Mexico  volunteers,  was  shot  through  the 
abdomen  by  a  concealed  Indian  and  died  instant 
ly.  One  of  the  parties  sent  out  from  this  camp 
captured  an  Indian  woman. 

Total  Indians  killed,  three  ;  captured,  fifteen  ; 
wounded,  one ;  twenty  horses,  two  mules,  and 
one  hundred  sheep  and  goats  captured. 

Troops,  one  commissioned  officer  killed. 

August  19. — Captain  Henry  A.  Greene,  First 
infantry  California  volunteers,  having  received 
information  that  a  party  of  Indians  with  a  large 
herd  of  sheep  had  crossed  the  Rio  Grande  on  the 
morning  of  the  eighth  instant,  mounted  twenty 
men  and  started  in  pursuit,  and  after  following 
their  trail  for  nearly  two  hundred  miles,  came 
upon  them  and  opened  fire.  The  Indians  fled, 
and  the  command  recovered  one  thousand  six 
hundred  to  one  thousand  eight  hundred  sheep, 
and  drove  them  to  Fort  Craig. 

August  24. — Captain  W.  Craig  reports  that  a 
party  of  sixteen  Indians  attacked  his  herders 
near  Fort  Union,  and  drove  off  eighteen  Govern 
ment  mules. 

August  27. — Captain  V.  Drescher,  First  in 
fantry  California  volunteers,  reports  the  horses 
and  mules  at  Fort  West  were  stampeded  by  In 
dians  ;  animals  not  recovered,  Indians  not  pur 
sued.  Twenty-six  mules  and  one  horse  lost. 

August  29. — Captain  Henry  A.  Greene,  First 
infantry  California  volunteers,  reports  that  the 
Indians  attacked  the  mail-stage  on  the  Jornada 
near  the  Point  of  Rocks,  and  captured  seven 
mules.  As  soon  as  the  information  was  received, 
fifteen  mounted  men  were  sent  in  pursuit,  and 
nine  men  detailed  to  escort  the  stage  through. 
The  mounted  party  on  coming  in  view  of  the 
Rio  Grande,  saw  three  Indians  on  the  bank — the 
balance  of  the  band  were  back  in  the  brush  ;  the 
three  Indians  were  fired  upon — one  of  them  fell, 
but  recovered  again.  A  part  of  the  command 
under  Lieutenant  Fountain  charged  across  the 
river ;  the  Indians  ran  and  concealed  themselves. 
The  party  then  dismounted  and  commenced  to 
skirmish  through  the  bushes.  While  on  this 
duty,  private  George  Dickey  was  mortally  wound 
ed  by  the  only  shot  fired  by  the  Indians  during 
the  affair.  Dickey  saw  an  Indian  jump  into  the 
river  and  shot  him  ;  the  Indian  turned  after  being 
shot  and  gave  Dickey  the  wound  which  caused 
his  death. 

Indian  loss,  one  killed,  three  wounded. 

Our  loss,  one  private  killed. 

August  — . — Colonel  Christopher  Carson  with 
his  command  left  Pueblo  Colorado  on  the  twen 
tieth  of  August  for  Canon  de  Chelly  with  the 
main  force,  secreting  twenty-five  men,  under 
Captain  Pfeiffer,  in  the  canon  to  watch  for  In 
dians.  Soon  after,  two  Indians  were  seen  ap 
proaching  the  canon  and  were  fired  upon,  and  al 
though  badly  wounded,  succeeded  in  getting  away. 
On  the  same  day,  the  advance-guard  pursued  and 
killed  an  Indian.  On  the  thirty-first,  the  com* 
mand  returned  to  Fort  Canby. 

Indian  loss,  one  killed,  two  wounded. 

August  27. — Two  Navajoe  Indians,  prisoners, 


DOCUMENTS. 


749 


attempted  to  escape  from  the  guard-house  at 
Fort  Defiance  ;  one  was  killed  by  the  guard  and 
the  other  mortally  wounded. 

One  killed,  one  wounded. 

August  31. — Lieutenant-Colonel  Chaves,  com 
manding  Fort  Wingate,  reports  that  a  large  party 
of  Navajoes  attacked  the  escort  to  the  wood 
wagons  about  five  miles  from  the  post,  wounding 
private  Luciano  Pais,  and  driving  off  twelve 
mules.  The  Indians  were  pursued  but  not  over 
taken. 

Our  loss,  one  man  wounded,  twelve  mules  taken. 

August  23. — Captain  R.  Chacon,  First  cavalry 
New-Mexico  volunteers,  left  Fort  Wingate  with 
forty  enlisted  men,  on  a  scout  after  Indians.  On 
the  twenty-seventh,  when  near  the  Salt  Lakes, 
the  party  espied  a  band  of  Navajoes,  and  suc 
ceeded  in  killing  two  and  capturing  eight.  On 
the  same  day,  one  of  the  Indians,  in  attempting 
to  escape,  was  killed  by  the  soldier  who  had  him 
in  charge.  On  the  twenty-eighth,  the  party  at 
tacked  one  hundred  and  fifty  Indians,  who  fled 
in  all  directions ;  the  party  here  captured  seven 
children  and  recovered  a  captive  Mexican  boy 
named  Agapeto  Apodaca ;  killed  three  Indians, 
and  captured  one  thousand  five  hundred  head  of 
sheep  and  goats,  seventeen  head  of  horses,  mules, 
burros,  and  colts.  On  this  scout  there  were  six 
Indians  killed,  fourteen  captured,  one  Mexican 
boy  rescued,  one  thousand  five  hundred  head  of 
sheep,  seventeen  horses,  mules,  burros,  and  colts 
captured. 

August  27.— Captain  T.  T.  Tidball,  Fifth  in 
fantry  California  volunteers,  commanding  Fort 
Bowie,  reports  that  the  Apache  Indians  run  off 
six  horses  and  one  mule  from  that  post. 

September  8. — Captain  Joseph  P.  Hargrave, 
First  infantry  California  volunteers,  reports  that 
he  left  Fort  Wingate  on  the  twenty-second  of 
August  on  an  expedition  against  the  Navajoes. 
On  the  twenty-sixth  of  August,  saw  forty  In 
dians  on  the  Little  Colorado ;  charged  on  them, 
but  they  fled  before  the  troops  got  within  gun 
shot  of  them.  At  this  place  captured  five  hun 
dred  head  of  sheep.  On  the  thirtieth  of  August, 
the  mules  belonging  to  command  (number  un 
known)  were  driven  off  by  the  Indians.  A  party 
of  mounted  men  were  sent  in  pursuit,  but  failed 
to  overtake  them. 

September  5. — M.  Steck,  Superintendent  of  In 
dian  Affairs,  reports  that  a  party  of  Utahs  have 
killed  nine  Navajoes  and  captured  forty  children, 
and  that  the  Pueblo  Indians  have  killed  a  Nava- 
joe  warrior,  and  that  the  Governor  of  Jemez  had 
killed  one  Navajoe. 

Indian  loss,  eleven  killed,  forty  captured. 

September  5.— Captain  J.  H.  Whitlock,  Fifth 
infantry  California  volunteers,  reports  that  he 
found  an  Indian  camp,  surprised  it  and  captured 
two  mules,  one  Sharp's  carbine,  one  United  States 
blanket,  and  one  thousand  pounds  of  mescal ; 
burned  the  camp,  including  all  that  pertained  to 
it  On  the  eighth  of  September,  found  Indians 
in  force,  and  had  a  spirited  fight  with  them  for 
fifteen  minutes.  One  man  and  the  guide  severe 
ly  wounded,  and  one  horse  killed. 


Indian  loss  unknown. 

Our  loss,  one  soldier  and  one  citizen  woundeut 
and  one  horse  killed. 

September  8. — The  Indians  made  an  attack  on 
Puertecito  de  las  Salinas.  Three  Mexicans  who 
went  in  pursuit  of  them  were  killed. 

September  26. — Captain  Henry  A.  Greene,  the 
indefatigable,  commanding  Fort  McRae,  learning 
that  a  band  of  Indians,  with  ten  head  of  stock, 
had  crossed  the  Rio  Grande  near  the  Rio  de  los 
Alimosos,  and  that  Corporal  Argust  with  three 
men  had  gone  in  pursuit,  immediately  mounted 
eight  men  and  started  for  the  town  of  Alimosa ; 
arriving  at  this  point,  eighteen  mounted  Mexicans 
joined  his  party.  The  whole  party  then  travelled 
to  Canada  Palomas  crossing.  At  this  point  the 
stock  was  found,  having  been  abandoned  by  the 
Indians. 

Corporal  Argust,  and  privates  Daniel  D. 
Tompkins,  Alonzo  C.  Mullen,  and  William  Lock- 
hart  are  highly  praised  by  Captain  Greene  for 
their  zeal  and  energy  on  this  occasion. 

September  27. — Lieutenant  P.  A.  J.  Russell, 
First  infantry  California  volunteers,  with  four 
mounted  men  and  a  party  of  Pueblo  Indians, 
started  from  Valles  Grande  on  the  trail  of  a  band 
of  Navajoes  who  had  stolen  a  lot  of  stock  from 
the  Pueblos.  The  trail  was  followed  into  the 
town  of  Jemez,  where  the  party  recaptured  one 
hundred  and  twenty-five  head  of  sheep  and  two 
horses. 

Killed  eight  Navajoes  and  took  twenty  women 
and  children  prisoners. 

September  28. — Baltasar  Montafio,  citizen,  re 
ports  the  result  of  a  campaign  against  the  Nava 
joes  as  follows : 

Two  Indians  killed,  five  wounded,  eleven  or 
twelve  animals  captured.  Two  horses  and  one 
mule  lost. 

October  5. — Colonel  Carson  reports  that  on 
the  twenty-second  of  September  his  command 
pursued  a  party  of  Indians,  but  owing  to  the 
broken-down  condition  of  his  animals,  they  only 
succeeded  in  capturing  one.  On  the  second  day 
of  October,  discovered  a  small  Indian  village, 
which  had  just  been  abandoned  ;  this  was  de 
stroyed  ;  nineteen  animals  captured,  seven  of 
which  got  away.  Three  men  left  camp  to  hunt 
up  the  animals  which  had  escaped  ;  they  did  not 
return  until  after  the  command  had  returned 
to  Fort  Canby  ;  they  state  that  they  were  at 
tacked  by  a  party  of  Indians  when  within  five 
miles  of  the  post,  one  of  whom  they  killed.  One 
of  the  men  named  Artin  was  severely  wounded, 
and  the  Indians  captured  his  mule.  On  the 
third  day  of  October,  Lieutenant  Postle  discov- 
red  an  Indian,  pursued  him  and  wounded  him  in 
three  places  ;  the  Lieutenant  was  slightly  wound- 
d  by  the  Indian. 

Indian  loss,  one  killed,  one  wounded,  and  one 
captured,  twelve  animals  captured.  Our  loss, 
one  officer  and  one  private  wounded,  and  one 
mule  lost. 

October  5. — Ramon  Luna,  Agent  for  the  Pue- 
Indians,  reports  that  the  Pueblos,  in  a  recent 
campaign  against  the  Navajoes,  killed  twenty-two 


750 


REBELLION   RECORD,  1862-63. 


of  them,  captured  fifty-one  prisoners,  one  thou 
sand  two  hundred  sheep,  and  forty  mules  ;  some 
of  the  mules  had  the  United  States  brand. 

October  6.— Major  Edward  B.  Willis,  First  in 
fantry  California  volunteers,  left  Fort  Wingate 
on  the  fifteenth  day  of  September  on  an  expedi 
tion  against  the  Indians,  with  forty  men,  each  of 
company  H,  First  infantry  California  volunteers, 
and  company  F,  First  New-Mexico  volunteers. 
At  the  Cienega  Amarilla  the  command  captured 
one  horse  and  one  mule,  ;  at  Jacob's  Well  found 
a  few  Indians,  and  captured  two  of  them.  At 
this  point  found  and  destroyed  several  fields  of 
pumpkins  and  water-melons.  The  command  then  | 
returned  to  Fort  Wingate.  Major  Willis  in  his 
report  says  :  "I  cannot  speak  in  too  high  terms 
of  the  officers  and  men  of  this  command  ;  no 
men  could  be  more  anxious  to  do  their  duty  or 
more  cheerfully  incur  the  hardships  of  a  cam 
paign  ;  after  a  march  of  twent}r-five  or  thirty 
miles,  the  whole  command  would  cheerfully  vol 
unteer  and  march  the  whole  night  on  the  slight 
est  prospect  of  doing  any  service." 

Two  Indians,  one  horse,  and  one  mule  cap 
tured. 

October  13. — Two  wagons  which  had  been 
sent  about  a  mile  from  Fort  Canby  for  wood,  in 
charge  of  a  non-commissioned  officer  and  five 
men,  were  attacked  by  the  Indians;  the  escort 
and  the  teamsters  ran  at  the  first  fire,  leaving  the 
wagons  and  teams  in  possession  of  the  Indians ; 
ten  mules  were  lost,  two  mules  and  the  wagons 
were  left.  One  of  the  soldiers  in  his  hurry  to 
escape,  left  his  musket  at  the  wagons ;  the  Indians 
carried  it  off. 

October  15. — The  train  of  Miguel  Romero,  hay 
contractor,  was  attacked  by  Indians  while  on  its 
way  from  hay-camp  to  Fort  Canby ;  the  non 
commissioned  officer  in  charge  of  the  escort  was 
woundod  and  one  teamster  severely  wounded. 
The  Indians  drove  off  five  mules  and  one  pony. 

October  16. — Lieutenant  Thomas  Henderson, 
First  cavalry  New-Mexico  volunteers,  reports 
that  while  en  route  from  Fort  Stanton  to  Santa 
Fe,  he  met  three  Indians  with  a  lot  of  mules  near 
the  Buffalo  Spring.  The  Indians,  on  being  dis 
covered,  abandoned  nineteen  mules  and  escaped. 

October  18. — Lieutenant  Dowlin,  First  cavalry 
New-Mexico  volunteers,  reports  that  a  party  un 
der  his  command  killed  two  Indians  near  the 
Laguna  Negra. 

October  21. — Lieutenant  Nicholas  Hodt,  First 
New-Mexico  volunteers,  with  forty  men,  left  Fort 
Canby,  October  twenty-first,  on  a  scout  against 
the  Indians.  On  the  twenty-second,  saw  a  party 
of  Indians,  who  succeeded  in  escaping  to  the 
mountains  ;  near  Caftada  Colorado  the  command 
captured  one  woman. 

October  22. — Captain  Rafael  Chacon,  with  his 
company,  pursued  a  band  of  Indians  who  had 
run  off  stock  near  Fort  Wingate,  and  captured 
from  them  two  mules  and  two  horses. 

October  25. — Lieutenant  Charles  H.  Fitch,  on 
an  Indian  scout,  captured  two  horses  and  one 
mule. 

October  31. — Lieutenant  E.  Latimer,  First  cav 


alry  California  volunteers,  left  Fort  Union,  with 
a  detachment  of  nine  men,  for  Fort  Sumner,  hav 
ing  in  charge  twenty-one  Indian  prisoners.  On 
the  night  of  November  fourth,  while  encamped 
at  the  mouth  of  Gallini  River,  sixteen  of  the  In 
dians  succeeded  in  making  their  escape.  They 
were  pursued  but  not  recaptured. 

November  9. — A  party  of  Mexicans  passed 
through  Fort  Wingate  on  the  first  instant  in  pur 
suit  of  Indians ;  at  the  Sierra  Negra  the  party 
had  a  fight  with  a  band  of  Navajoes ;  killed  five 
and  took  sixteen  prisoners.  About  two  leagues 
from  Sierra  the  party  had  another  fight  with  the 
Indians,  killed  two  and  took  two  prisoners  ;  at 
the  Sierra  de  Chusca  had  a  skirmish  with  the 
Indians,  and  captured  twenty-four  prisoners, 
twenty  horses  and  mules,  and  twenty-five  sheep 
and  goats. 

At  Carriso  Springs  the  party  came  upon  a 
band  of  Indians  numbering  from  two  hundred  to 
three  hundred  with  several  thousand  head  of 
stock ;  the  captain  of  the  party  being  fearful  of 
losing  his  prisoners,  allowed  this  band  to  pass 
unmolested. 

Indian  loss,  killed,  seven ;  prisoners,  forty- 
two  ;  twenty  horses  and  mules,  and  twenty-five 
sheep  and  goats  captured. 

November  4. — Captain  A.  L.  Anderson  reports 
that  while  in  camp  on  the  Gila  River  near  the 
Final  Mountains,  the  Indians  crept  to  within 
range  of  his  picket-line  and  discharged  several 
volleys  of  arrows  at  the  animals,  sentinels,  and 
the  men  sleeping  near.  Four  horses  were  so 
badly  wounded  that  it  became  necessarj7"  to  kill 
them.  A  squad  of  men  was  left  concealed  in  the 
camp,  and  after  the  column  had  marched  they 
succeeded  in  killing  one  of  a  party  of  Indians 
who  approached  them. 

Indian  loss,  one  killed.  Our  loss,  four  horses 
killed. 

November  5. — Captain  Henry  A.  Greene,  com 
manding  Fort  McRae,  reports  that  a  band  of  In 
dians  crossed  the  Rio  Grande,  near  the  Rio  Plu- 
tnas,  with  several  hundred  sheep,  on  the  fourth 
of  November.  As  soon  as  the  information  was 
received  at  Fort  McRae,  Captain  Greene  mounted 
seven  men,  and  started  for  the  point  it  was  re 
ported  the  Indians  had  crossed.  Arriving  there, 
he  found  that  the  men  at  the  Vidette  Station  had 
already  started  in  pursuit ;  Captain  Greene  took 
up  the  trail,  and  on  the  fifth  instant  overtook  the 
men  from  the  station.  After  travelling  with  them, 
for  one  hundred  and  fifty  miles,  Captain  Greene 
returned  to  Fort  McRae,  leaving  Sergeant  Rhodes 
and  Corporal  Argust  to  follow  the  trail.  On  the 
twelfth  of  November  Sergeant  Rhodes  returned, 
and  reported  that  he  overtook  the  Indians  about 
two  hundred  and  twenty-five  miles  from  the  Rio 
Grande,  and  after  a  sharp  skirmish  routed  them, 
and  recovered  one  hundred  and  seventy  sheep. 
Private  Atkinson  was  wounded  by  an  arrow  in 
this  affair.  The  Sergeant  and  the  men  who  were 
with  him  are  highly  commended  by  Captain, 
Greene. 

Indian  loss,  one  killed  and  four  wounded. 

Captain  Greene  states  that  the  Indians  could 


DOCUMENTS. 


751 


not  have  crossed  the  river  with  the  sheep  within 
two  miles  of  Lieutenant  Whittemore's  camp,  had 
that  officer  used  proper  vigilance. 

Our  loss,  one  private  wounded. 

November  5. — Lieutenant  Nicholas  Hodt,  first 
cavalry  New-Mexico  volunteers,  left  Fort  Canby 
October  twenty-seventh,  on  a  scout  after  Indians. 

Result  of  this  scout,  four  Government  mules 
worn  out  and  shot. 

November — . — E.  Montoya,  Brigadier-General 
New-Mexico  militia,  reports  that  Captain  Tafolla, 
overtook  a  party  of  Indians  near  the  Sierra  del 
Datil,  and  took  from  them  twenty-six  head  of 
cattle,  four  burros,  and  three  horses. 

November — . — E.  Montoya  reports  that  his 
party  attacked  a  band  of  Indians  at  the  "  Three 
Brothers,"  and  recovered  forty-two  head  of  cat 
tle.  No  Indians  killed. 

November  15. — Colonel  Carson  with  his  com 
mand  left  Fort  Canby  for  the  country  west  of  the 
Oribi  villages,  for  the  purpose  of  chastising  the 
Navajo  Indians  inhabiting  that  region.  On  the 
sixteenth,  a  detachment  under  Sergeant  Andres 
Herrera  overtook  a  small  party  of  Indians,  two 
of  whom  were  killed  and  two  wounded ;  fifty 
sheep  and  one  horse  were  captured.  Colonel 
Carson  speaks  in  high  terms  of  the  zeal  and  en 
ergy  displayed  by  Sergeant  Herrera. 

On  the  twenty-fifth,  the  command  captured 
one  boy  and  seven  horses,  and  destroyed  an 
encampment ;  on  the  same  day  captured  one 
woman  and  one  child,  and  about  five  hundred 
head  of  sheep  and  goats,  seventy  horses,  and 
destroyed  an  Indian  village.  On  the  third  of 
December,  surprised  an  Indian  encampment,  cap 
turing  one  horse  and  four  oxen.  The  Indians 
escaped. 

Indian  loss,  two  killed,  two  wounded,  three 
captured  ;  five  hundred  and  fifty  sheep  and  goats, 
nine  horses,  and  four  oxen  captured. 

November  27. — Roman  A.  Baca  reports  that  he 
left  Cebolleta  with  a  party  of  one  hundred  and 
sixteen  mounted  Mexicans,  and  travelled  in  a 
north-westerly  direction  for  six  days.  When 
about  fifty  miles  from  Chusca,  on  the  sixth  day 
out,  the  party  encountered  about  two  hundred 
Indians  —  killed  six,  and  took  three  prisoners, 
who  are  now  in  the  custody  of  Lieutenant  Ste 
vens  :  the  party  also  captured  three  Indian  po 
nies. 

November  30. — L.  M.  Baca,  Judge  of  Probate, 
reports  that  on  the  night  of  the  twenty-seventh 
of  November,  three  miles  from  La  Joya,  the  peo 
ple  at  that  place  captured  from  sixty-one  Nava- 
joes  one  thousand  nine  hundred  and  seven  head  of 
sheep. 

November  30. — Lieutenant  J.  Laughlin,  while 
en  route  from  Fort  Wingate  to  Los  Pinos,  on  the 
night  of  the  thirtieth  of  November,  surprised  a 
party  of  six  or  seven  Indians  at  the  Rio  Puerco  ; 
the  Indians  fled,  leaving  seventy  head  of  cattle, 
•which  were  taken  to  Los  Pinos  and  turned  over 
to  the  owner. 

On  the  fourth  of  November,  ten  head  of  cattle 
belonging  to  the  command  at  Valles  Grande  were 
driven  off  bv  the  Indians. 


On  the  ninth  day  of  November,  Jose  Ignacio 
Valencia,  in  charge  of  a  herd  of  sheep,  had  a 
fight  with  the  Indians  at  Cafioncitas  of  the  Con 
chas.  One  Indian  was  killed. 

December  1. — Captain  Henry  A.  Greene,  first 
infantry  California  volunteers,  receiving  informa 
tion  that  a  band  of  Indians  had  crossed  the  Jor 
nada  with  two  hundred  sheep,  took  se^en  men  of 
his  company  and  started  on  their  trail.  The 
party  overtook  the  sheep  on  the  summit  of  the 
Sierra  Caballo,  on  the  east  side  of  the  Rio 
Grande.  The  sheep  were  taken  to  Fort  McRae. 

December  16. — Major  Henry  D.  Wallen,  United 
States  Seventh  infantry,  commanding  Fort  Sum- 
ner,  reports  that  on  the  morning  of  the  sixteenth 
instant,  Mr.  Labadi  and  Rev.  Mr.  Failon  reported 
to  him  that  a  large  number  of  Indians  with  an 
immense  herd  of  sheep  were  at  the  Carretas. 
The  officers  and  men  of  company  D,  Fifth,  and 
company  C,  Seventh  infantry,  were  awakened, 
and  prepared  to  take  the  field  with  two  days' 
rations.  A  lieutenant,  with  eight  mounted  men 
of  company  B,  Second  cavalry  California  volun 
teers,  was  also  got  in  readiness ;  Mr.  Labadi,  Mr. 
Failon,  and  thirty  Apache  Indians  also  started  in 
pursuit.  The  party  left  the  post  at  half- 
past  five  o'clock  A.M.,  for  the  Carretas.  Tho 
mounted  men  and  Indian  Agent,  with  the 
Indians,  outstripped  the  party  on  foot,  and  took 
up  the  Navajo  trail  on  the  west  bank  of  the  Pe- 
cos  River.  At  thirty-five  miles  north-west  from 
Fort  Sumner  they  overtook  the  Navajoes,  in  num 
ber  about  one  hundred  and  thirty,  ten  mounted, 
and  twenty  armed  with  rifles.  A  severe  contest 
ensued,  in  which  the  Navajoes  lost  twelve  killed 
and  left  on  the  field,  and  a  number  killed  and 
wounded  who  were  carried  off;  one  prisoner 
taken,  all  the  sheep  recovered,  amounting  to  five 
thousand  two  hundred  and  fifty-nine,  thirteen 
burros,  four  rifles,  one  horse,  their  provisions, 
blankets,  one  hundred  and  fifty  pairs  of  mocca 
sins,  and  nearly  all  the  effects  taken  from  Mr.  La 
badi' s  train. 

Major  Wallen  calls  the  attention  of  the  General 
commanding  to  the  gallant  conduct  of  Mr.  La 
badi,  privates  Loser  and  Osier  of  company  B, 
Second  cavalry  California  volunteers ;  Ojo  Blanco 
and  Cadetta,  the  chiefs  of  the  Apaches  ;  Alazan, 
an  Apache,  who  was  badly  wounded,  and  the 
Apaches  generally,  who  rendered  signal  service. 
*  Lieutenant  Newbold,  with  three  men,  pursued 
the  flying  Navajoes  three  miles  beyond  the  scene 
of  action,  but  owing  to  the  exhausted  condition 
of  his  animals,  was  obliged  to  desist  from  further 
pursuit. 

The  Navajoes,  just  before  reaching  the  Pecos, 
were  alarmed  by  some  pistol-shots  discharged 
from  a  wagon-train,  and  abandoned  four  thou 
sand  six  hundred  and  thirty  sheep,  which  were 
secured  by  the  Mexicans  attached  to  the  train. 
Lieutenant  McDermott,  with  ten  mounted  men 
and  six  Apaches,  were  sent  to  collect  the  herd 
and  bring  it  to  the  post ;  before  reaching  the 
camp,  Alazan,  the  Apache  named  above,  died. 

December  16. — Thirty-five  Navajo  Indians  were 
sent  td  Fort  Sumner  this  day  ;  this  party  gave 


'752 


REBELLION  RECORD,  1862-63. 


themselves  up  at  Fort  Wingate  as  prisoners  of 
war. 

December  20. — First  Lieutenant  D.  Montoya, 
First  cavalry  New-Mexico  volunteers,  in  accord 
ance  with  instructions  received  from  Colonel  Car 
son,  left  Fort  Canby  in  pursuit  of  a  party  of 
Navajo  Indians.  On  the  second  day  out,  marched 
through  a  heavy  snow-storm.  On  the  third  day 
came  upon  an  Indian  encampment,  attacked  it, 
and  succeeded  in  killing  one  Indian  and  capturing 
thirteen  women  and  children,  besides  a  lot  of  Na 
vajo  blankets,  moccasins,  etc. 

Near  the  Pueblo  Colorado  the  command  pur- 
sueti  two  Indians,  (man  and  woman,)  and  wounded 
the  Indian  and  captured  the  woman. 

Lieutenant  Montoya  recommends  to  the  notice 
of  the  Colonel  commanding  the  good  conduct 
and  soldierly  bearing  of  First  Lieutenant  C.  M. 
Hubbell,  and  First  Sergeant  Antonio  Mora,  of 
company  C,  First  cavalry  New-Mexico  volunteers, 
who  were  severely  wounded  in  the  last  affair. 
Corporal  Marcos,  of  company  C,  was  particularly 
conspicuous  on  this  scout ;  he  was  also  wounded. 
Sergeant  Jose  Ortiz  was  also  very  active  in  pur 
suing  and  engaging  the  Indians. 

December  7. — Lieutenant  Benjamin  F.  Stevens 
reports  that  he  saw  three  Mexicans  near  Cebol- 
leta  having  three  Indian  captives  in  their  posses 
sion  ;  the  whole  party  were  taken  prisoners  by 
him.  The  Mexicans  soon  after  made  their  es 
cape.  The  captives  were  sent  to  Fort  Sumner. 
December  22. — Captain  John  Thompson,  First 
cavalry  New-Mexico  volunteers,  left  Fort  Canby 
with  one  hundred  men  on  a  scout  after  Indians. 
On  the  twenty-sixth,  at  Mesa  la  Baca,  sent  out 
Sergeant  Romero  with  thirty  men,  who  came 
upon  a  party  of  Indians,  killed  one,  and  captured 
twelve.  On  the  same  day  a  party  under  Ser 
geant  Dorsette  discovered  two  Indians,  wounded 
one,  and  captured  the  other. 

Indian  loss,  one  killed,  thirteen  captives,  and 
one  wounded. 

On  the  sixth  of  December,  the  Navajoes  ran 
off  some  cows  from  the  Pueblo  Santa  Ana ;  the 
Indians  of  the  Pueblo  went  in  pursuit,  recovered 
their  stock,  and  killed  two  Navajoes. 

On  the  eleventh  of  December,  Jose  Ma.  Martin, 
with  a  party  of  Mexicans,  went  in  pursuit  of 
Navajoes  who  had  been  stealing  stock  ;  the  stock 
was  recovered,  and  two  Indians  killed. 

On  the  twenty-eighth  of  December,  the  people 
of  San  Miguel  and  Pueblo  overtook  and  surprised 
a  party  of  Indians,  and  recovered  a  lot  of  cattle, 
and  took  the  arms  of  the  Indians. 

The  zeal  and  energy  shown  by  the  officers  anc 
soldiers,  and  the  fortitude  with  which  they  have 
encountered  hunger,  thirst,  fatigue,  and  exposure, 
in  their  pursuit  of  hostile  Indians  within  this  De 
partment  during  the  past  year,  are  deserving  of 
the  highest  admiration.  Not  less  is  this  due  to 
those  parties  who  were  so  unfortunate  as  not  to 
overtake  the  Indians  than  to  those  who  came  up 
with  them.  All  toiled  and  suffered  alike.  Th 
gallantry  which  every  one  has  shown,  when 
there  was  an  opportunity  to  close  with  the  en 


my,  proves  that  that  virtue  among  the  troops  in 
New  Mexico  is  common  to  all. 

The  alacrity  with  which  citizens  of  New-Mex- 
co  have  taken  the  field  to  pursue  and  encounter 
;he  Indians  is  worthy  of  all  praise.  Many  of 
;hem  have  been  conspicuous  for  their  courage, 
and  all  have  shown  a  settled  determination  to 
assist  the  military  in  their  efforts  to  rid  the  coun 
try  of  the  fierce  and  brutal  robbers  and  murder 
ers  who  for  nearly  two  centuries  have  brought 
Doverty  to  its  inhabitants,  and  mourning  and  des 
olation  to  nearly  every  hearth  throughout  the  ter 
ritory. 

The  Department  Commander  congratulates  the 
;roops  and  the  people  on  the  auspicious  opening 
of  the  year  eighteen  hundred  and  sixty-four. 
For  one  hundred  and  eighty  years  the  Navajo 
Indians  have  ravaged  New-Mexico  ;  but  it  is  con 
fidently  expected  that  the  year  eighteen  hundred 
and  sixty-four  will  witness  the  end  of  hostilities 
with  that  tribe.  Then  New-Mexico  will  take  a 
stride  toward  that  great  prosperity  which  has 
lain  within  her  grasp,  but  which,  'hitherto,  she 
has  not  been  permitted  to  enjoy.* 

By  command  of  Brigadier-General  Carleton : 
BEN.  C.   CUTLER, 

Assistant  Adjutant-General. 

Doc.  101. 

THE  IMPRESSMENT  OF  QUAKERS  BY  THE 
REBEL  AUTHORITIES. 

MEMORIAL. 

THE  following  memorial  was  laid  before  the 
State  Convention  of  North-Carolina  by  the  year 
ly  meeting  of  Friends,  on  the  subject  of  bearing 
arms : 

At  a  stated  meeting  for  sufferings,  representing 
North-Carolina  yearly  meetings  of  Friends,  held 
at  Deep  River,  on  the  fourteenth  of  fourth  month, 
1862,  the  subject  of  our  present  sufferings,  on 
account  of  our  conscientious  scruples  against 
bearing  arms,  claiming  the  considerate  delibera 
tion  of  the  meeting,  and  believing  it  right  to  em 
brace  our  privilege  to  petition  those  in  authority, 
we  therefore  adopt  the  following : 
To  the  Convention  of  North- Carolina,  in  Con 
vention  Assembled: 

Your  petitioners  respectfully  show  that  it  is 
one  of  our  fundamental  religious  principles  to 
bear  a  faithful  testimony  against  all  wrars  and 
fightings,  and  that  in  consequence  we  cannot  aid 
in  carrying  on  any  carnal  war. 

This  is  no  new  principle  of  our  Society,  but 
one  wrhich  was  adopted  at  its  rise,  as  the  doctrine 
taught  by  our  Saviour  and  followed  by  his  disci 
ples  for  more  than  two  hundred  years,  and  has 
ever  been  and  is  now  held  as  one  of  our  funda 
mental  and  vital  principles,  and  one  that  we  can 
not  yield  or  compromise  in  any  degree  whatever. 
We  would  further  show  that  the  whole  num 
ber  of  our  members  in  the  confederate  States  is 
less  than  ten  thousand,  while  in  the  United  States 
the  number  probably  exceeds  two  hundred  thou- 

*  See  Recapitulation,  page  759. 


DOCUMENTS. 


753 


sand,  who  bear  the  same  testimony  against  all 
wars  and  fightings  ;  and  that  in  every  nation  and 
clime  where  our  Society  exists,  it  is  at  this  day, 
as  heretofore,  maintaining  this  precious  principle 
of  peace,  and  that  we  everywhere  in  this  respect 
speak  the  same  language  and  mind  the  same 
thing. 

We  may  further  show  that,  according  to  the 
best  information  we  can  obtain,  until  the  present 
time,  Friends  of  North-Carolina  have  not  been 
called  on  to  aid  in  the  battle-field  or  military 
camp ;  but  now  our  peaceful  principles  are  in  a 
measure  disregarded,  and  many  of  our  members 
are  drafted  to  take  part  in  the  conflicting  armies, 
while  we  understand  our  brethren  in  the  United 
States  are  not. 

We  have  enlisted  under  the  banner  of  the  Cap 
tain  of  our  soul's  salvation,  Jesus  Christ,  the 
Prince  of  Peace ;  therefore,  in  obedience  to  his 
express  command,  we  cannot  fight  or  aid  direct 
ly  or  indirectly,  in  any  carnal  wars.  But  your 
petitioners  would  represent  to  you  that  we  be 
lieve  it  to  be  our  moral  and  religious  duty  to  sub 
mit  to  the  government  under  which  we  live,  and 
to  the  laws  and  powers  that  be,  or  suffer  patiently 
their  penalties. 

We  love  our  homes  and  our  country  much,  but 
at  the  same  time  we  love  our  religious  principles 
more ;  therefore,  your  petitioners  would  most  re 
spectfully  ask  that  you  grant  us  the  enjoyment 
of  this  important  religious  principle. 

We  own  no  God  but  the  God  of  love,  peace, 
mercy,  and  judgment,  whose  blessings  we  invoke, 
and  whose  wisdom  we  implore  to  be  with  you  in 
your  legislative  deliberations. 

Signed  on  behalf  and  by  direction  of  the  meet 
ing.  NATHAN  F.  SPENCER, 

Clerk. 

Doc.  102. 
REBEL    GUERRILLAS. 

T.  B.  MURRAY'S  PROCLAMATION. 

ATLANTA,  GA.,  June  22, 1862. 

FELLOW-CITIZENS  :  At  the  reorganization  of  our 
forces,  under  the  conscript  act,  I  declined  any 
position  in  my  regiment,  believing  that  it  was  my 
duty  to  endeavor  to  do  something  to  relieve  my 
own  people  from  the  depredations  of  lawless  bands 
of  an  unprincipled  foe.  I  am  now  empowered  to 
raise  a  legion  for  special  service  in  North-Georgia, 
and  in  the  mountains  of  East  and  Middle  Ten 
nessee. 

This  corps  will  be  armed  with  improved  arms, 
and  they  will  be  entitled  to  bounty,  pay,  rations, 
and  quarters,  as  other  troops ;  they  will  all,  fur 
thermore,  be  entitled  to  the  cash  value  of  all  prop 
erty  captured  from  the  enemy.  There  was  never 
a  more  fruitful  field  presented  for  the  operations 
of  this  character  than  Tennessee. 

The  undersigned,  from  his  intimate  acquaint 
ance  with  the  geography  of  the  country,  coupled 
with  his  experience  in  mountain  warfare  in  the 
campaign  in  Western  Virginia,  flatters  himself 
that  he  can  lead  corps  of  this  sort  successfully. 


He  therefore  appeals  to  the  people  of  East  and 
Middle  Tennessee,  and  North-Georgia  for  their 
aid  and  cooperation  in  his  undertaking.  And 
more  especially  does  he  appeal  to  the  constitu 
ents  of  his  old  regiment.  His  appeals  to  them 
have  always  met  a  hearty  response.  He  trusts 
that  they  will  not  turn  a  deaf  ear  to  this  appeal 
to  them  to  rally  to  the  defence  of  their  homes, 
property,  and  liberties — nay,  more,  the  purity  of 
their  wives,  daughters,  mothers,  and  sisters. 

I  also  desire  to  organize  one  company  of  the 
most  intrepid  men  in  the  country,  who  will  be 
required  to  mount  themselves  on  superior  horses. 
They  will  be  armed  with  the  most  approved  long- 
range  guns,  and  will  always  be  under  the  imme 
diate  command  of  myself.  This  company  is  de 
signed  for  the  most  perilous  scouting  service. 

Communications  will  receive  attention  if  ad 
dressed  to  me  at  Ringgold,  Georgia,  or  Chatta 
nooga  and  Sweet  Water,  Tennessee. 

T.  B.  MURRAY. 


Doc.  103. 
AFFAIR  AT  HARPER'S   FERRY,  VA. 

DESTRUCTION     OP      THE     ARSENAL. 
LIEUTENANT  JONES'S   ACCOUNT. 

CARLISLE  BARRACKS,  PA.,  April  22, 1861. 

THE  official  report  I  sent  you  did  not  go  into 
the  details  of  the  affair  at  Harper's  Ferry,  and 
as  they  may  be  interesting  to  you,  I  will  now 
mention  the  circumstances  in  the  order  in  which 
they  occurred. 

After  the  arrival  of  the  morning  train  of  Thurs 
day,  the  people  at  the  Ferry  were  thrown  into 
the  wildest  state  of  excitement  by  the  arrival  of 
persons  from  Richmond,  who  announced  that  the 
Governor's  proclamation  had  been  issued  declar 
ing  the  State  out  of  the  Union,  and  that  it  would 
be  published  at  three  in  the  afternoon.  Subse 
quent  events  showed  there  was  no  truth  in  the 
announcement  of  these  individuals,  and  the  ex 
citement  gradually  subsided  during  the  day  un 
til  about  sundown,  when  things  wore  a  quiet  as 
pect — the  quiet  that  precedes  the  storm. 

In  the  morning,  however,  about  nine,  or  short 
ly  after,  I  received  a  despatch  from  General  Scott, 
saying  that  the  evening  before,  three  trains  of 
troops  had  passed  over  the  road  from  Gordons- 
ville  to  Manassas  Junction  and  up  the  latter  road, 
and  that  it  was  supposed  they  were  destined  for 
Harper's  Ferry,  and  telling  me  to  be  on  my 
guard.  In  conjunction  with  Captain  Kingsbury 
of  the  army,  who  arrived  the  previous  evening 
to  act  as  superintendent  of  the  armory  until  one 
should  be  appointed,  I  called  on  the  workmen 
of  the  armory,  to  form  themselves  for  the  defence 
of  the  place.  Many  expressed  a  readiness  to  do 
so,  but  few,  however,  enrolled  themselves,  and 
I  soon  found  I  would  have  to  depend  entirely 
upon  myself  and  command.  Finding  this  to  be 
the  case,  I  requested  Captain  Kingsbury  to  have 
the  powder  brought  down  into  the  armory  yard 
from  the  magazine,  and  the  bridges  over  the 


754 


REBELLION   RECORD,  1862-63. 


canal  leading  into  the  armory  destroyed;  the 
latter  was  done  by  men. 

Hardly  had  these  precautionary  steps  been 
taken,  when  I  received  confirmatory  intelligence 
of  General  Scott's  despatch  of  the  morning,  and 
telegraphed  him  of  it,  and  that  I  would  be  cer 
tainly  attacked  that  night. 

Just  after  sending  this  despatch,  I  was  inform 
ed  that  troops  were  collecting  at  a  place  called 
Halltown,  three  miles  from  the  Ferry,  on  the 
road  to  Charlestown.  Thinking  this  doubtful,  I 
sent  out  a  courier  to  reconnoitre,  who  returned 
shortly  with  a  report  that  the  information  was 
correct.  Without  further  delay,  I  formed  my 
company,  and  detailed  twelve  men  as  a  guard  for 
the  arsenal,  and  directed  six  of  them  to  go  for 
their  bed-sacks,  into  each  of  which  I  put  a  keg 
of  twenty-five  pounds  of  powder.  I  then  di 
rected  them  to  proceed  to  the  two  arsenal  build 
ings,  containing  about  fifteen  thousand  arms,  and 
in  a  few  minutes  my  arrangements  were  com 
pleted  for  firing  the  buildings  simultaneously  in 
half  a  dozen  places  or  more.  It  was  now  near 
sundown  and  I  quietly  awaited  coming  events, 
Captain  Kingsbury  having  quietly  prepared  things 
for  firing  the  carpenter's  shop,  which  was  at  the 
upper  end  of  a  long  and  connected  series  of  shops 
in  the  armory  proper.  Advanced  guards  of  citi 
zens  were  thrown  out  in  the  direction  of  Charles- 
town,  on  both  the  railroad  and  turnpike,  and 
about  ten  o'clock,  the  guard  on  the  latter  re 
ported  the  troops  that  were  at  Halltown  at  sun 
down  were  advancing,  with  their  numbers  in 
creased  to  three  hundred.  A  few  minutes  after 
this  I  received  further  positive  and  reliable  intel 
ligence  that  in  two  hours  two  thousand  five  hun 
dred  or  three  thousand  troops  from  Winches 
ter  would  arrive  by  the  railroad.  I  then  com 
municated  this  intelligence  to  Captain  Kings- 
bury,  and  said  the  time  had  arrived  to  apply  the 
torch,  and  he  agreeing  with  me,  I  gave  the  or 
der,  and  in  a  few  minutes  the  arsenal  buildings 
and  the  carpenter's  shop  were  in  a  blaze,  the  lat 
ter  having  been  fired  by  the  captain.  Knowing 
it  would  never  do  to  remain  until  the  troops  ar 
rived,  in  accordance  with  my  predetermined  plan, 
I  withdrew  my  men,  and  after  the  most  arduous 
march  I  ever  made,  over  mountains,  through 
streams  and  mud,  I  reached  Hagerstown  just  ten 
minutes  after  the  departure  of  the  morning  train. 

Knowing  it  would  not  do  to  tarry  there  until 
the  afternoon  train,  I  hired  omnibuses  and 
drove  to  Chambersburgh,  and  thence  by  cars  to 
this  place.  The  arsenal  buildings  I  have  since 
learned  were  completely  destroyed  with  their 
contents,  but  the  fire  in  the  work-shops  was  ar 
rested. 

Some  of  the  papers  say,  I  did  this  under  the 
directions  of  the  Department ;  this  is  a  mistake, 
I  had  no  orders  whatsoever;  it  was  done  on  my 
own  responsibility  alone.  Three  of  my  men 
who  were  missing  came  up  yesterday,  and  say 
they  swore  vengeance  against  me,  and  that  if 
they  had  caught  me,  they  would  undoubtedly 
have  shot  me,  and  probably  all  my  command 
would  have  been  murdered.  R.  JONES. 


Doc.  104. 
HALLECK'S  GENERAL  ORDER  NO.  3. 

HEADQUARTERS  DEPARTMENT  OF  MISSOURI,  ) 
ST.  Louis,  November  20,  1861.          f 

GENERAL  ORDERS  No.  3. 

1.  It  has  been  represented  that  important  in 
formation  respecting  the  numbers  and  condition 
of  our  forces  is  conveyed  to  the  enemy  by  means 
of  fugitive  slaves  who  are  admitted  within  our 
lines.     In  order  to  remedy  this  evil,  it  is  directed 
that  no  such  persons  be  hereafter  permitted  to 
enter  the  lines  of  any  camp,  or  of  any  forces  on 
the  march,  and  that  any  now  within  such  lines 
be  immediately  excluded  therefrom. 

2.  The   General  Commanding    wishes   to   im 
press  upon  all  officers  in  command  of  posts  and 
troops  in  the  field  the  importance  of  preventing 
unauthorized  persons  of  every  description  from 
entering  and  leaving  our  lines,  and  of  observing 
the  greatest  precaution  in  the  employment  of 
agents  and  clerks  in  confidential  positions. 

By  order  of  Major-General  HALLECK. 

WILLIAM  McMicnAEL, 

Assistant  Adjutant-General. 

The  following  is  a  letter  to  General  Asboth,  in 
which  the  latter  is  instructed  in  regard  to  the 
true  intent  and  meaning  of  Order  No.  3 : 

HEADQUARTERS  DEPARTMENT  OP  MISSOURI,  | 
ST.  Louis,  December  26,  1861.          ) 

General  Asboth,  Rolla,  Mo.  : 

GENERAL  :  It  would  seem,  from  the  report  of 
Major  Waring  to  you,  (referred  to  these  head 
quarters,)  that  $ie  had,  in  compliance  with  your 
instructions,  delivered  to  a  Captain  Holland,  a 
fugitive  in  his  camp,  claimed  by  Captain  H.  as; 
the  property  of  his  father-in-law. 

This  is  contrary  to  the  intent  of  General  Or 
ders  No.  3.  The  object  of  those  orders  is  to  pre 
vent  any  person  in  the  army  from  acting  in  the 
capacity  of  negro-catcher  or  negro-stealer.  The 
relation  between  the  slave  and  his  master  is  not 
a  matter  to  be  determined  by  military  officers, 
except  in  the  single  case  provided  for  by  Con 
gress.  This  matter  in  all  other  cases  must  be 
decided  by  the  civil  authorities.  One  object  in 
keeping  fugitive  slaves  out  of  our  camps  is  to 
keep  clear  of  all  such  questions.  Masters  or 
pretended  masters  must  establish  the  rights  of 
property  to  the  negroes  as  best  they  may,  with 
out  our  assistance  or  interference,  except  where 
the  law  authorizes  such  interference. 

Order  No.  3  does  not  apply  to  the  authorized 
private  servants  of  officers,  nor  to  negroes  em 
ployed  by  proper  authority  in  camps ;  it  applies 
only  to  "fugitive  slaves."  The  prohibition  to 
admit  them  within  our  lines  does  not  prevent  the 
exercise  of  all  proper  offices  of  humanity  in  giv 
ing  them  food  and  clothing  outside,  where  such 
offices  are  necessary  to  prevent  suffering. 
Very  respectfully, 

Your  obedient  servant, 

H.  W.  HALLECK, 
Major -General. 


DOCUMENTS. 


755 


Doc.  105. 

THE  INVASION   OF  MARYLAND  IN  SEP 
TEMBER   1862. 

PROCLAMATION  OP  GENERAL  LEE. 

LEE'S  HEADQUARTERS, 
ARMY  OF  NORTHERN  VIRGINIA, 
NEAR  FREDERICKSBURGH,  September  8, 

To  the  People  of  Maryland  : 

IT  is  right  that  you  should  know  the  purpose 
that  has  brought  the  army  under  my  command 
within  the  limits  of  your  State,  so  far  as  that  pur 
pose  concerns  yourselves. 

The  people  of  the  confederate  States  have  long 
watched  with  the  deepest  sympathy  the  wrongs 
and  outrages  that  have  been  inflicted  upon  the 
citizens  of  a  commonwealth,  allied  to  the  States 
of  the  South  by  the  strongest  social,  political,  and 
commercial  ties,  and  reduced  to  the  condition  of  a 
conquered  province. 

Under  the  pretence  of  supporting  the  Constitu 
tion,  but  in  violation  of  its  most  valuable  pro 
visions,  your  citizens  have  been  arrested  and 
imprisoned  upon  no  charge,  and  contrary  to  all 
the  forms  of  law. 

A  faithful  and  manly  protest  against  this  out 
rage,  made  by  a  venerable  and  illustrious  Mary- 
lander,  to  whom  in  better  days  no  citizen  ap 
pealed  for  right  in  vain,  was  treated  with  scorn 
and  contempt. 

The  government  of  your  chief  city  has  been 
usurped  by  armed  strangers — your  Legislature 
has  been  dissolved  by  the  unlawful  arrest  of  its 
members  —  freedom  of  the  press  and  of  speech 
has  been  suppressed — words  have  been  declared 
offences  by  an  arbitrary  decree  of  the  Federal 
Executive — and  citizens  ordered  to  be  tried  by 
military  commissions  for  what  they  may  dare  to 
speak. 

Believing  that  the  people  of  Maryland  possess 
a  spirit  too  lofty  to  submit  to  such  a  government, 
the  people  of  the  South  have  long  wished  to  aid 
you  in  throwing  off  this  foreign  yoke,  to  enable 
you  again  to  enjoy  the  inalienable  rights  of  free 
men,  and  restore  the  independence  and  sover 
eignty  of  your  state. 

In  obedience  to  this  wish  our  army  has  come 
among  you,  and  is  prepared  to  assist  you  with 
the  power  of  its  arms  in  regaining  the  rights  of 
which  you  have  been  so  unjustly  despoiled. 

This,  citizens  of  Maryland,  is  our  mission,  so 
far  as  you  are  concerned.  No  restraint  upon 
your  free  will  is  intended  —  no  intimidation  will 
be  allowed  within  the  limits  of  this  army  at 
least. 

Marylanders  shall  once  more  enjoy  their  an 
cient  freedom  of  thought  and  speech.  We  know 
no  enemies  among  you,  and  will  protect  all  of  you 
in  every  opinion. 

It  is  for  you  to  decide  your  destiny,  freely, 
and  without  constraint.  This  army  will  respect 
your  choice,  whatever  it  may  be  ;  and  while  the 
Southern  people  will  rejoice  to  welcome  you  to 
your  natural  position  among  them,  they  will  only 
welcome  you  when  you  come  of  your  own  free 
R.  E.  LEE, 

General  Commanding. 


PROCLAMATION  OP  BRADLEY  T.  JOHNSON. 

THE  following  proclamation  was  issued  by 
Bradley  T.  Johnson,  at  Frederick,  on  the  day  ho 
took  possession  of  that  place  : 

To  the  People  of  Maryland : 

After  sixteen  months  of  oppression  more  gall 
ing  than  the  Austrian  tyranny,  the  victorious 
army  of  the  South  brings  freedom  to  your  doors. 
Its  standard  now  waves  from  the  Potomac  to 
Mason  and  Dixon's  Line.  The  men  of  Mary 
land,  who  during  the  last  long  months  have  been 
crushed  under  the  heel  of  this  terrible  despotism, 
now  have  the  opportunity  for  working  out  their 
own  redemption,  for  which  they  have  so  long 
waited  and  suffered  and  hoped. 

The  government  of  the  confederate  States  is 
pledged,  by  the  unanimous  vote  of  its  Congress, 
by  the  distinct  declaration  of  its  President,  the 
soldier  and  statesman  Davis,  never  to  cease  this 
war  until  Maryland  has  the  opportunity  to  decide 
for  herself  her  own  fate,  untrammelled  and  free 
from  Federal  bayonets. 

The  people  of  the  South,  with  unanimity  un 
paralleled,  have  given  their  hearts  to  our  native 
State,  and  hundreds  of  thousands  of  her  sons 
have  sworn,  with  arms  in  their  hands,  that  you 
shall  be  free. 

You  must  now  do  your  part.  We  have  the 
arms  here  for  you.  I  am  authorized  immediate 
ly  to  muster  in,  for  the  war,  companies  and  regi 
ments.  The  companies  of  one  hundred  men 
each.  The  regiments  of  ten  companies.  Come 
all  who  wish  to  strike  for  their  liberties  and 
homes.  Let  each  man  provide  himself  with  a 
stout  pair  of  shoes,  a  good  blanket,  and  a  tin 
cup — Jackson's  men  have  no  baggage. 

Officers  are  in  Frederick  to  receive  recruits, 
and  all  companies  formed  will  be  armed  as  soon 
as  mustered  in.  Rise  at  once  ! 

Remember  the  cells  of  Fort  McHenry  !  Re 
member  the  dungeons  of  Fort  Lafayette  and 
Fort  Warren ;  the  insults  to  your  wives  and 
daughters  ;  the  arrests  ;  the  midnight  searches 
of  your  houses ! 

Remember  these,   your  wrongs,   and   rise   at 
once  in  arms,  and  strike  for  liberty  and  right. 
BKADLEY  T.  JOHNSON, 

September  8,  1862.  Colonel  C.  S.  A. 

PROCLAMATION  OP  GOVERNOR  BRADFORD. 

STATE  OF  MARYLAND,  EXECUTIVE  DEPARTMENT,  ) 
ANNAPOLIS,  September  S,  1862.  f 

To  the  People  of  Baltimore  : 

Whereas,  it  has  been  represented  to  .me, 
upon  authority  which  seems  unquestionable, 
that  a  portion  of  the  rebel  army  of  the  South, 
now  in  arms  against  the  Union,  has  crossed  our 
border,  and  is  encamped  upon  our  territory, 
menacing  the  city  of  Baltimore  and  other  por 
tions  of  the  State  with  a  hostile  attack,  and 
it  is  expedient  that,  besides  all  the  powers 
with  which  the  Government  may  be  prepared  to 
meet  this  daring  invasion,  our  own  citizens 
should,  without  delay,  organize  throughout  the 
State  such  a  militia  force  as  may  effectually 


REBELLION"  RECORD,  1862-63. 


assist   in   defending   our    homes    and    firesides 
against  the  assault  of  the  invader. 

I,  therefore,  in  virtue  of  the  authority  vested 
in  me  by  the  constitution  and  laws  of  the  State, 
hereby  call  upon  her  citizens  to  enroll  them 
selves  at  once,  in  volunteer  military  organiza 
tions,  that  no  possible  power  at  command  may 
be  overlooked  in  preparing  to  meet  every  emer 
gency.  In  the  city  of  Baltimore  I  would  especial 
ly  call  upon  our  citizens  to  organize  at  once  and 
complete  the  formation  of  the  First  light  divi 
sion  of  Maryland  volunteer  militia,  in  which 
several  companies  have  been  already  filled,  and 
their  officers  commissioned. 

As  a  mistaken  impression  seems  to  exist,  to 
some  extent,  of  a  purpose  to  offer  to  the  Govern 
ment  the  services  of  this  division,  or  some  por 
tion  of  it,  as  United  States  volunteers,  for  nine 
months,  and  this  impression  may  tend  to  retard 
the  formation  of  the  division,  I  would  take  this 
occasion  to  reiterate  the  assurance  already  given 
to  many  who  have  consulted  me  on  the  subject, 
that  no  one  by  becoming  a  member  of  any 
company  in  that  division  places  himself  thereby 
in  the  power  of  the  officers  or  the  organization 
to  transfer  his  services,  without  his  consent,  to 
the  volunteer  forces  of  the  United  States.  Whilst 
opportunity  will  be  given  to  any  regiment  or 
brigade  connected  with  the  division  to  make 
such  tender  of  their  services  to  the  Government, 
no  member  of  any  such  regiment  can  be  con 
strained  to  such  a  course  by  the  majority  of  the 
command,  nor  without  his  individual  consent. 

With  this  understanding  of  the  character  of 
this  military  organization,  I  hope  to  see  the 
ranks  of  the  First  light  division  immediately 
filled,  prepared,  when  called  into  the  service  of 
the  State  or  city,  to  respond  effectually  in  main 
taining  their  peace  and  ministering  to  their  de 
fence.  At  the  same  time  any  portion  of  it  dis 
posed  to  extend  the  sphere  of  its  usefulness,  will 
have  the  opportunity,  with  the  consent  of  the 
Government,  of  uniting  their  exertions  with  the 
other  volunteers  from  Maryland  in  the  service 
of  the  United  States. 

To  the  citizens  of  the  several  counties  I  would 
appeal,  and  especially  commend  to  them  the  form 
ation  of  voluntary  cavalry  companies  as  bet 
ter  adapted  than  any  other  to  the  present  emer 
gency. 

I  have  provided  and  am  ready  at  once  to  dis 
tribute  cavalry  arms  and  accoutrements  suffi 
cient  for  all  that  will  probably  be  organized  ;  and 
whilst  every  effort  will  be  made  to  arm  and 
equip  also  all  the  infantry  volunteers  that  may 
offer,  let  our  loyal  citizens  not  wait  for  the  distri 
bution  of  arms,  but  organize  everywhere  with 
out  delay,  and  assist  in  driving  from  the  State 
the  invading  host  that  now  occupies  its  soil, 
nrmed  with  any  weapon  which  opportunity  may 
furnish. 

Given  under  my  hand  and  the  great  seal  of 
the  State,  this  eighth  day  of  September,  1862. 
By  the  Governor,  A.  H.  BRADFORD. 

WILLIAM  B.  HILL, 

Secretary  of  State. 


ADDRESS   OP   THE    COMMITTEE    OF   SAFETY. 

To  the   Citizens  of  Lancaster  County,  Pennsyl 
vania  : 

The  undersigned,  a  committee  of  safety,  ap 
pointed  by  the  citizens  of  Lancaster,  in  general 
town  meeting  assembled,  on  the  seventh 
instant,  in  view  of  the  crisis  in  the  present 
state  of  the  country,  beg  leave  to  call  your 
earnest  attention  to  what  is  now  considered 
the  serious  duty  of  all  their  fellow-citizens. 
Heretofore,  since  the  breaking  out  of  the  present 
rebellion  against  the  constituted  authorities  of 
the  Government,  the  war  has,  with  few  excep 
tions,  been  carried  on  in  the  territory  of  the 
rebellious  States,  in  many  of  which  desolation 
and  ruin  have  followed  in  the  track  of  the  con 
tending  armies.  The  intelligence  received  yester 
day  assures  us  that  the  rebels,  grown  bolder  and 
more  insolent  by  recent  success,  are  determined  to 
invade  the  Border  States  and  carry  into  them  the 
destruction  to  which  their  own  have  been  subject 
ed.  The  soil  of  Maryland  has  been  invaded,  and 
the  fertile  plains  of  Frederick  County  are  now  cov 
ered  by  a  hostile  force,  eating  the  substance  of 
her  loyal  population.  How  soon  they  may  carry 
their  rebellious  hordes  into  Pennsylvania  can 
not  now  be  predicted ;  but  we  assure  you  that 
the  danger  is  imminent,  and  that  it  behooves 
us  to  rouse  ourselves,  and  that  without  a  mo 
ment's  delay,  to  meet  the  threatening  danger. 
Although  this  county  has  sent  forth  many  of 
her  sons,  who  have  nobly  fought  and  bled  in 
support  of  the  Constitution  and  laws  of  our 
sacred  Union,  and  although  the  constituted  au 
thorities  of  the  county  have  promptly  responded 
to  the  request  of  our  citizens  in  affording  pecu 
niary  aid  in  the  formation  of  companies  and  reg 
iments,  much  more  is  required  to  be  done  to 
secure  ourselves  against  the  inroads  of  the 
enemy. 

We  strongly  appeal  to  you,  therefore,  to  or 
ganize  committees  of  safety  in  every  township 
and  borough  in  the  county;  to  make  out  lists 
of  every  able-bodied  citizen  capable  of  bearing 
arms ;  to  organize  them  under  the  provisions  of 
the  act  of  1858,  and  to  drill  them  daily ;  to  put 
in  order  and  have  ready  for  immediate  service 
every  rifle  and  shot-gun  in  your  respective  neigh 
borhood  ;  to  provide  yourselves  with  the  neces 
sary  ammunition ;  to  form  squads  of  cavalry  in 
every  district,  and  to  practise  the  prescribed  evo 
lutions,  so  that,  by  combining  them,  a  formi 
dable  cavalry  corps  can  at  once  be  organized ;  to 
arrest  every  man  who  utters  a  traitorous  senti 
ment  against  the  Government,  and  to  watch 
every  suspicious  character  whom  you  may  find 
prowling  in  your  vicinity. 

We  have  bold,  powerful,  treacherous,  and  ut 
terly  unscrupulous  enemies  to  deal  with,  who, 
not  satisfied  with  the  best  Government  under 
heaven,  under  which  they  and  all  of  us  have 
lived  for  nearly  a  century  in  peace  and  security, 
would  now  bring  desolation  to  your  homes  and 
hearthstones ;  and  to  satisfy  their  hellish  ambi 
tion  to  rule  or  ruin,  would  destroy  those  liber- 


DOCUMENTS. 


V57 


ties  which,   at  every  sacrifice,  our  forefathers 
fought  and  bled  to  establish. 

Awake,  fellow-citizens  of  Lancaster  County,  to 
your  great  and  solemn  duty.  Your  country  calls 
upon  you  in  this  her  hour  of  danger.  Unite 
in  all  your  strength,  and  in  the  cause  of  God  and 
your  country,  prepare  to  hurl  back  the  invader 
to  the  soil  he  has  already  made  desolate;  and, 
this  being  accomplished,  your  liberties  now  and 
for  ever  will  be  secured.  By  order  of  the  Com 
mittee  of  Safety.  JOHN  L.  ATLEE, 

Chairman. 

Attest— H.  B.  SWABR, 

Secretary. 
LANCASHIRE,  September  8, 1862. 

Doc.  106. 
GUERRILLAS  IN  WEST-VIRGINIA. 

PROCLAMATION   BY   COLONEL    IMBODEN. 
ORGANIZED    AND    AUTHORIZED    PARTISAN    RANGERS. 

UNDER  the  provision  of  an  act  of  Congress,  ap 
proved  April  twenty -first,  1862,  and  by  authority 
of  the  War  Department,  I  am  raising  and  organ 
izing  a  regiment  of  Partisan  Rangers  to  be  under 
my  command  as  Colonel  C.  S.  A.,  for  immediate 
and  very  active  service  in  the  military  depart 
ment  (west  of  Blue  Ridge)  now  under  the  com 
mand  of  Major-General  Thomas  J.  Jackson.  The 
corps  will  be  of  a  mixed  character,  mounted  and 
on  foot — adapted  to  the  peculiar  features  of  the 
country.  The  officers,  except  myself,  will  be 
elected  as  in  other  arms  of  the  service ;  myself 
will  be  appointed  and  all  will  be  commissioned 
by  the  President. 

Enlistments  for  the  corps  must  be  for  the  war. 
Pay,  rations,  quarters,  etc.,  the  same  as  in  the 
army,  and  in  addition  to  pay,  the  full  value  in 
money  of  all  arms  and  munitions  captured  from 
the  enemy  and  turned  over  to  a  Quartermaster. 

All  conscripts  between  the  ages  of  eighteen  and 
thirty-five  years,  not  yet  mustered  into  service, 
may  join  this  corps  and  avoid  being  drafted  into 
the  army.  Men  over  thirty-five  years  of  age  who 
were  volunteers  for  twelve  months,  and  have  not 
reenlisted,  but  are  held  under  the  ninety  days' 
Conscript  Act,  will  be  discharged  by  the  Secreta 
ry  of  War,  with  the  consent  of  the  commanding 
officer,  as  soon  as  they  enlist  with  me.  All  other 
able-bodied  volunteers  will  be  received. 

My  proposed  plan  of  operations,  on  file  in  the 
War  Department,  has  received  the  cordial  ap 
proval  of  the  President,  Generals  Lee,  Jackson, 
G.  W.  Smith,  and  Whiting,  and  will  be  support 
ed  by  the  government  with  all  the  aid  I  need  for 
its  vigorous  prosecution. 

The  several  companies  will  be  generally  sepa 
rated  and  employed,  as  far  as  practicable,  in  local 
ities  nearest  their  homes,  where  they  are  familiar 
with  the  country.  My  purpose  is  to  wage  the 
most  active  warfare  against  our  brutal  invaders 
and  their  domestic  allies  ;  to  hang  about  their 
samp  and  shoot  down  every  sentinel,  picket, 
xmrier,  and  wagon-driver  we  can  find ;  to  watch 
opportunities  for  attacking  convoys  and  forage 
trains,  and  thus  rendering  the  country  so  unsafe 


that  they  will  not  dare  to  move  except  in  large 
bodies.  Our  own  Virginia  traitors — men  of  the 
Pierpoint  and  Carlisle  stamp — will  receive  our 
special  regards. 

Our  enemies  are  waging  a  war  of  unparalleled 
barbarity  and  ferocity  upon  us — murdering  un 
armed  peaceful  citizens ;  outraging  helpless  wo 
men  ;  burning  the  houses  over  the  heads  of  in 
nocent  childhood ;  plundering  the  houses  of  wid 
ows  and  orphans ;  in  short,  laying  waste  the  land 
wherever  their  armies  have  penetrated.  Their 
hellish  passions?,  not  satisfied  with  these  acts  of 
fiendish  brutality,  are  seeking  further  gratifica 
tion  by  emancipating  the  slaves  and  putting  arms 
into  their  hands  to  inaugurate  a  war  of  such  atro 
city  as  to  make  devils  stand  aghast  at  its  horrors. 

Such  being  our  enemies,  and  such  their  pur 
poses,  I  hold  that  by  the  laws  of  God  and  man, 
it  is  our  duty  to  slay  them  by  all  legitimate 
means  in  our  power.  We  have  conducted  the 
war  upon  the  highest  principles  of  Christian  na 
tions.  Our  enemies  have  adopted  the  Camanche 
code  in  all  except  scalping.  There  is  but  one 
mode  of  putting  an  end  to  such  a  contest  and 
such  a  system.  We  must  rise  as  one  man  and 
slay  the  invader  whenever  and  wherever  we  find 
him.  The  honor  of  our  wives  and  daughters, 
the  sanctity  of  our  homes,  the  liberty  of  our 
children,  must  be  defended  by  the  men  of  the 
South,  or  all  is  lost.  We  all  desire  peace,  and 
yet  there  is  but  one  mode  by  which  it  can  be  se 
cured — the  destruction  of  the  Yankee  armies. 
We  can  have  peace  by  this  means,  and  that  right 
speedilv,  if  every  man  will  do  his  duty.  We  are 
infinitely  stronger  as  a  nation  to-day  than  we 
were  one  year  ago.  Our  independence  is  as  cer 
tain  as  any  future  event  can  be,  and  the  time  for 
its  recognition  is  a  matter  perfectly  under  our 
control.  If  every  man  capable  of  bearing  arms 
in  the  Confederacy,  conscript  or  not,  would  re 
solve  to  devote  himself  to  the  holy  cause  of  free 
ing  his  country,  our  armies  would  be  disbanded, 
and  we  should  be  free  and  independent  before 
the  fifteenth  of  August.  I  therefore  appeal  to 
the  people  of  the  West  to  unite  with  me  at  once 
in  the  effort  to  deliver  our  native  mountains  from 
the  pollution  that  has  been  brought  upon  them. 
It  is  only  men  I  want ;  men  who  will  pull  trig 
ger  on  a  Yankee  with  as  much  alacrity  as  they 
would  on  a  mad  dog ;  men  whose  consciences 
will  not  be  disturbed  at  the  sight  of  a  vandal 
carcass.  I  don't  want  nervous,  squeamish  indi 
viduals  to  join  me — they  will  be  safer  at  home 
where  the  women  can  protect  them  and  the  child 
ren,  and  calm  their  nerves  when  alarming  news 
is  circulating. 

My  headquarters  will  be  at  Staunton  for 
a  while,  where  individuals  can  join  the  corps,  and 
companies  communicate  with  me.  Upon  being 
notified  of  the  enlistment  of  sixty-four  men  at 
any  point,  I  will  attend  in  person  to  muster  them 
into  service  and  superintend  the  election  of  offi 
cers,  when  they  will  be  immediately  entitled  to 
pay  and  subsistence,  and  will  be  put  into  the 
field  of  service.  J-  D.  IMBODEN, 

Colonel  of  the  Partisan  Rangers. 


REBELLION  RECORD,  1862-63. 


Doc.  107. 
OCCUPATION  OF  NEW-ORLEANS. 

JEFFERSON  DAVIS  in  his  proclamation  of  Decem 
ber  twenty -third,  1862,  states  that  Mumford  was 
hung  by  General  Butler  for  pulling  down  the 
United  States  flag  before  the  occupation  of  New- 
Orleans  by  the  United  States  forces.  The  follow 
ing  official  report  will  be  a  sufficient  refutation 
of  this  statement : 

UNITED  STATES  FLAG-SHIP  HARTFORD,  ) 
OFF  NEW-ORLEANS,  November  17,  1S62.      f 

SIR  :  Under  the  impression  that  a  report  had 
been  made  of  the  part  taken  by  the  United  States 
marines,  of  the  fleet  under  the  command  of  Ad 
miral  Farragut,  in  the  military  operations  on 
shore,  in  the  approaches  to  and  at  New-Orleans, 
in  April  last,  I  made  no  report  to  the  Colonel 
Commandant  of  the  Marine  Corps  at  that  time. 
I  take  occasion  to  correct  the  omission,  and  re 
port  the  following : 

On  the  morning  of  the  twenty-fourth  of  April 
last,  and  immediately  after  the  action  with  Forts 
Jackson  and  St.  Philip,  and  the  destruction  of 
the  rebel  fleet,  the  marines  under  my  command, 
by  order  of  Admiral  Farragut,  landed  and  took 
possession  of  the  Quarantine,  at  the  same  time 
taking  prisoners  the  rebel  troops,  with  their  offi 
cers  quartered  in  the  Quarantine  buildings,  and 
hoisting  the  flag  of  the  United  States  on  the 
same. 

Admiral  Farragut  having  determined  to  take 
military  possession  of  the  city  of  New-Orleans, 
until  the  arrival  of  the  troops  of  the  United  States 
aiiuy  under  General  Butler's  command,  a  bat 


talion  of  United  States  marines  under  my  com 
mand,  about  two  hundred  and  fifty  strong,  were 
disembarked  from  the  fleet  on  the  twenty-ninth 
of  April  last,  and  marched  to  the  Custom-House, 
where  I  detailed  Captain  Alan  Ramsay,  with  a 
detachment  of  marines,  to  occupy  the  Custom- 
House  and  guard  the  United  States  flag,  then 
about  to  be  hoisted  on  the  building. 

At  this  juncture,  the  marines  were  joined  by 
two  howitzers,  manned  by  seamen,  in  charge  of 
Midshipman  J.  H.  Read  and  E.  C.  Hazeltine,  from 
the  flag-ship  Hartford.  After  occupying  the  Cus 
tom-House,  I  received  orders  from  Commodore  H. 
H.  Bell,  senior  officer  present,  to  march  the  ma 
rines  to  the  City  Hall,  a  distance  of  about  half  a 
mile  from  the  vessels  of  our  fleet,  and  near  the 
centre  of  the  city.  On  arriving  at  the  City  Hall, 
I  directed  Lieutenant  John  C.  Harris,  with  a 
guard  of  marines,  to  occupy  the  building  and  en 
force  order  there  while  the  rebel  flag  was  being 
hauled  down  from  the  flag-staff  on  the  City  Hall. 

After  performing  this  duty,  the  marines  were 
marched  to  the  place  of  embarkation,  and  return 
ed  to  the  fleet,  except  the  marines  quartered  in 
the  Custom-House,  who  were  retained  there  for 
the  purpose  of  guarding  the  United  States  flag. 
When  the  troops  of  General  Butler's  command 
landed  at  New-Orleans  on  the  first  of  May  last, 
the  force  of  marines  on  duty  in  the  city  returned 
to  the  fleet. 

Respectfully,  your  obedient  servant, 

JOHN  L.  BROOME, 

Captain  Commanding  Marines,  Gulf  Squadron. 

Colonel  JOHN  HARRIS, 

Commandant  U.  3.  Marine  Corps,  Headquarters  Washington,  D.tt 


RECAPITULATION   OF  INDIAN  SCOUTS. 


759 


MONTH. 

1863. 

TAKEN  FROM  INDIANS. 

TAKEN   BT   INDIANS. 

CITIZBNS 

INDIANS. 

COM'D  OFFICERS. 

ENLIS'D  KEN. 

! 
M 

Horses. 

1 

"3 

s 

1 

3 

« 

! 

Horses. 

I 

t> 
o 

9 

W 

1 

M 

Wounded. 

•o 
M 

Wounded. 

Captured. 

•o 

M 

Wounded. 

1 
5 
W 

Wounded. 

January,.  .  .  . 

243 
100 

1 

it 

February,.  .  . 

20 
1 

15 

1 

1 

S<1 

9 

8 

11 

1 

4000 
2000 
6000 

"  25 
March,  

2000 

8 

310 

April,  .  . 

15 

2300 

2300 

|.... 

7 

98 

1 

1 

70 

1 

3 

1 

May,  

2 

M 
M 

June,.  

1? 

7 

1 

6 

8 

11 

fiO 

1 

50 

50 

10 

July,  

9 

1 

1 
2 
2 

7 

2 

2 

2 

1 

1 

1 

2 
2 
4 

>i 
ti 

tt 
August,  

104 

104 

4 

1 



4 

10 

19 

4 

10 

6 

1 

1 

1 

9 

1 

2 

6 

1?r 

9 

1 

1 

q 

it 
ti 

it 

it 
ii 

it 
September,.  . 

it 
11 

October,  .... 

29 

v 

3 

10,000 

33 

66 

2 

1 

2000 
100 
1800 

30 
20 

"2" 

3 

1 

15 

1 

1S 

1 

26 
7 

1 
1 
1 

3 

2 
1 

1 

1 

1?, 

1500 

17 

6 

14 

6 

1 

500 

11 

40 

1 

1 

10 

8 

125 

2 

8 
2 
1 

9,9, 

"5' 

1 

20 

1 

M 

1 

1 

it 
it 

44  16,  .  . 

1200 

40 

1 

1 

2 

10 



1 

5 

19 

1 

1 

it     ' 

K 

u 
November,  .  . 

it 
it 

ii 
11 

•i 

December,.. 

(i 

it 
it 
it 

M 

2 

2 
2 

2 
1 



89 

1 

25 

20 

7 

42 

1 

170 

1 

4 

1 

8 

26 
42 
4 

4 

550 

9 
8 

2 
6 

2 

8 
8 

1907 

70 

10 

1 

200 

9 

9889 

1 

13 

19 

1 

9 

35 

1 
1 

1 
1 

13 
14 

2 

24,266 

152 

232 

215 

17 

24,389 

21 

205 

402 

16 

4 

01 

87 

03 

8 

4 

14 

21 

OFFICIAL; 


CYRUS   H.    DE  FORREST,  Aid-de-Camp. 


INDEX 

TO    SUPPLEMENT— FIRST    VOLUME. 


PAGE 

ADAMS,  CHARLES  FRANCIS,  9 

ADAMS,  JOHN  QUINCY,  61 

ADGER,  J.  E.,  Capt.,  rebel,  502 

Alabama.     See  John  Gill  Shorter. 
ALDEN,  JAMES,  Com.,  report  of  the 
bombardment  of  Galveston,  Tex 
as,  214 
Allen's  Farm,  Va.,  battle  of,  588 
America,  the   Contest  in,   by  John 

Stuart  Mill,  217 

American     Revolution,     1776,    ex 
change  of  prisoners  in,  90 
ANDERSON,   FULTON,   speech    in    the 
Virginia   Convention,    Feb.   18, 
1861,                                              "  143 
AMDERSOX,  R.  H.,  Gen.,  rebel,              661 
ANDREW,  JOHN  A.,  order  in  reference 
to    Catholics  in    Massachusetts 
regiments,                                       224 
ANDREWS,    G.    W.,    Col.    Fifteenth 

Ohio,  83,  37 

ANDREWS,  J.  J.    See  William  Pitten-  . 

ger,  279 

Antietam,  Md.,  McClellan's  report  of 

the  battle  of,  627 

report  of  casualties  at,  637 

ARGYLE,  Duke  of,  6 

Army  of  the  Potomac,  Gen.  McClel 
lan's  report  on    the  organiza 
tion,  etc.,  of,  505 
organization  of,  513 
list  of  killed  and  wounded,  from 

June  26  to  July  1,  1S62,  593 

Arkansas,   Report  of   the  National 
operations  in,  for  the  year  end 
ing  Nov.  30,  1862,  327 
ASTOU,  JOHN  JACOB,  519 
Attainder,  Bill  of,                                  708 


Bahamas,  British  Neutrality  laws  for,  336 
BALDWIN,  W.  E.,  Col.,  rebel,  report 

of  the  capture  of  Fort  Donelson,  436 
Ball's  Bluff,  Md.,  battle  of,  525 

Baltimore,  Md.,  the  riot  of  April  19, 

1861,  in.    See  Massachusetts,       411 
Henry  Winter  Davis's  remarks  on 

the  government  of,  173 

BANCROFT,  GEORGE,  letter  on  the  ex 
change  of  prisoners,  90 
BANKS,  N.  P.,  Gen.,  notice  of,              657 
BARNARD,  J.  G.  Brig.-Gen.,                   619 
BARNWELL,   R.   W.     See   Southern 

Rights  Association,  198 

BARRY,  WILLIAM  F.,  Brig.-Gen.,  Re 
port  of  artillery  operations  of,  at 
the  siege  of  Yorktown,  Va.,          264 
Gen.  McClellan's  report,  547 

BEAUREGARD,  P.  G.  T.,  Gen.,  rebel, 
report  of  the  battle  of  Manas- 
sas,  Va.,  68 

orders  in  reference  to  the  move 
ment  of  troops  at  the  battle  of 
Pittsburgh  Landing,  478 

BEE,  BARNAKD  E.,  Gen.,  rebel,  77 

Belmont,  Mo.,  Com.  Foote's  report  of 

the  battle  of,  216 

BENJAMIN,  J.  P.,  Attorney-General, 

rebel.  213 

UKNSING,  HENRY  L.,  speech  in  the 
Virginia  Convention,  Feb.  18, 
1861,  148 

BSHBIOKR,  WILLIAM,  adventure  of,       279 


PAGE 

Birth  and  Death  of  Nations,  by  James 
McKaye,  56 

Black  flags,  Gen.  Breckinridge's 
threat  in  relation  to,  410 

BLAIR,  JACOB  B.,  373 

Blockade,  the,  notes  on,  by  Elisha  R. 

Potter,  of  Rhode  Island,  191 

BLOODGOOD,  DELAVAN,  Asst.  Surgeon, 
U.  S.  N.,  account  of  the  saving 
of  Forts  Taylor  and  Jefferson,  23 

BLUM,  R.  A.,  Lieut.,  rebel,  501 

Border  States,  President  Lincoln's 
appeal  to  the,  368 

BRADFORD,  A.  H.,  GOT.,  755 

BRADISH,  LUTHER,  90 

BRANNAN,  JOHN  M.,  Capt.,  at Tortugas,  24 

BRECKINRIDGE,  JOHN  C.,  Gen.,  410 

BRIEDENTHAL,  H.,  Sergt.  Third  Ohio, 

journal  of  Streight's  expedition,  337 

BRIGHT,  JOHN,  M.P.,  speech  at  Roch 
dale,  England,  Dec.  4,  1S61,  1 

BRITTAN,  P.  H.,  Secretary  of  State  of 
Ala.,  244 

BROOME,  JOHN  L.,  letter  on  the  occu 
pation  of  New-Orleans,  758 

BROWN,  JOHN,  of  Harper's  Ferry,        158 

BROWN,  JOHN  C.,  Col.,  rebel.  See 
Fort  Donelson,  442 

BROWN,  WILLIAM  G.,  373 

BROWN,  WM.  M.,  Major,  rebel.    See 

Fort  Donelson,  439 

BRYAN,  GOODE,  Col.,  rebel,  report  of 
operations  in  Virginia,  489 

BUCHANAN,  JAMES,  yields  to  the  slave 
holders,  60 

BUCKNER,  S.  B.,  Gen.  See  Fort  Don 
elson,  Tenn.,  416, 425 

BCELL,  DON  CARLOS,  Gen.,  report  of 

his  campaign  in  Kentucky,  1862,  389 
McClellan's  instructions  to,  529 

BUFFUM,  ROBERT.  See  William  Pit- 
tenger,  279 

Bull  Run,  Va.    See  Manassas. 

BURCH,  JOHN  C.,  Col.,  rebel,  report 
of  the  capture  of  Fort  Donelson,  418 

BURNSIDE,  A.  E.,  Gen.,  notice  of,          527 

BUTLER,  BENJAMIN  F.,  Major-Gen., 
McClellan's  instructions  to,  531 


CABELL,  H.  C.,  Col.,  rebel,  report  of 

operations  in  Virginia,  490 

California,     Confiscation    in,    Gen. 

Wright's  order,  335 

CALVERT,  CHARLES  B.,  373 

CARLETON,  JAMES  H.,  Gen.,  Report 

of  Indian  Scouts  for  1863,  744 

CARLILE,  JOHN  S.,  speech  in  the  Vir 
ginia  State  Convention,  March 
7,  1861,  92 

notice  of,  873 

Carnifex  Ferry,  Va.,  John  B.  Floyd's 

report  of  the  battle  at,  184 

See  Connifex  Ferry. 

CASEY,  SAMUEL  S.,  873 

Catholics,    in    Massachusetts    regi 
ments,  Gov.  Andrew's  order,        224 
Catholic  Church,  the  spirit  of  the,      377 
CHASE,  SALMON  P.,  at  Norfolk,  Va.,      678 
CHEAIRS,  N.  F.,  Major,  rebel.     See 

Fort  Donelson,  444 

CHILTON,  R.  H.,  Adjt.,  rebel,  80 

CHITTENDEN,  S.  B.,  25 

Civil  War,  Rights  of  Partiea  In,  192 


PAOI 

CLARKE,  JOHN  B.,  rebel.  See  George 
W.  Randolph,  363 

CLEMENTS,  A.  J.,  873 

CLEMENS,  JERE,  speech  at  Huntsville, 
Ala.,  241 

CLIFFORD,  JOHN  H.,  notice  of,  414 

COBB,  HOWELL,  noticed,  229 

COBDEN,    RICHARD,   M.P.,   letter    of 

Dec.  2,  1S61,  1 

Rev.  J.  P.  Thompson's  letter  to,        14 

COLFAX,  SCHUYLER,  noticed,  505 

COLLANTES,  SATUHNINO  CALDEROH. 
See  Spain,  88 

COLLIER,  of  Virginia,  Mr.,  resolution 
in  reference  to  slavery,  355 

Columbus,  Tenn.,  evacuation  of,          477 
Major-Gen.  Polk's  report  of  the,      477 

Committee  on  the  Conduct  of  the 
War,  Gen.  McCall's  testimony 
before  the,  669 

Compromise,   Daniel  S.  Dickinson's 

remarks  on,  84 

"Conchs,"  the,  description  of,  24 

Confederate.     See  Rebel. 

Confederate  Churches.  See  Protest 
ant  Episcopal  Church,  25Q 

Confederate  Congress.  See  Rebel 
Congress. 

Confederate  Sequestration  Act,  ap 
proved  August  30,  1861.  19 

Confiscation.      See    Brig.-Gen.     G. 

Wright,  885 

not  within  the  prohibition  of  the 
Constitution,  713 

Confiscation  Bill,  President  Lincoln's 
message  in  reference  to,  July  17, 
1862,  360 

Connifex  Ferry,  Va.,  report  of  the 
battle  of,  1S4 

CONNOLLY,  HENRY,  Gov.,  proclama 
tion  organizing  the  militia  of 
New-Mexico,  170 

Conscription,  Act  for  enrolling  and 
calling  out  the  national  forces, 
and  for  other  purposes,  passed 
Feb.  1S63,  270 

rebel  law  of,  824 

the  effect  of,  325 

the  new  rebel  law  of,  826 

rebel  petition  against,  851 

Constitution  of  the  United  States, 
Daniel  S.  Dickinson's  remarks 
on  the,  87 

COOK,  EDWARD  C.,  Col.,  rebel.    See 

Fort  Donelson,  447 

COOPER,  PETEK,  25 

COOPER,  S.,  Gen.,  rebel,  80 

COPELAND,  R.  M.,  A.  A.  Gen.,  525 

Crampton's  Gap,  Md.,  fight  at,  See 
McClellan's  report,  505 

CRAVEN,  T.  AUGUSTUS,  Com.,  23 

CRISFIELD,  J.  W.,  873 

CRITTENDEN,  J.  J.,  363 

CROCKER,  ALVAH,  speech  in  the  Mas 
sachusetts  Senate,  Apl.  28,  1862,  414 

CROSS,  EDWARD  E.,  Col.,  report  of 
the  operations  of  the  Fifth  New- 
Hampshire  Vols,,  886 

CUTLER,  BEN.  C.,  758 


DALY,  CHARLES  P.,  letter  to  Ira 
Harris,  on  Southern  Privateers- 
men,  14 


INDEX  TO   SUPPLEMENT— FIRST   VOLUME. 


DAVIS,  GARRETT.     See  Border  States,  3C8 
DAVIS,   HKNHY   WINTKR,   address  at 

Baltimore,  Oct.  16,  1861,  170 

DAVIS,  JEFFERSON,  message  of,  Aug 
ust  12,  1S62,  858 
notice  of,  758 
letter  on  retaliation,                           859 
message  of,  Feb.  25,  1862,                 459 
DeKalh  Co  ,  Missouri.    See  Isaac  N. 

Shambaugh.  64 

DE  STOECKL,  M.    See  Russia,  81 

DICKINSON,    DANIEL    S.,    speech    at 

Tunkhannock,  Pa.,  Aug.  1861,        8"? 

DOBBS,  AUNGIER,  88 

DODGE,  WILLIAM  E.,  25 

Doss,  W.  L.,  Major,  rebel.    See  Fort 

Donelson,  449 

Drainsville,  Va.,  battle  of,  525 

DRAKE,  CHARLES  D.,  letter  in  refer 
ence  to  Shannbaugh's  address,         54 
letter     on   the    Personal    Liberty 

Laws,  185 

DRAYTON,  THOMAS  P.,  Gen.,  rebel,  re 
port  of  the  capture  of  Port  Roy 
al,  S.  C.,  192 
DUDLEY,  T.  H.,  notice  of,  1 
DTKK,  WM.  O.,  rebel,  notice  of,            491 
DUNLOP,  G.  W.,                                      873 
DCNMNG,  S.  H.,  Col.  Fifth  Ohio,            35 
Du  PONT,  S.  F.,  Com.,  report  of  the 

capture  of  the  Ella  Warley,  323 

DCPOY,  H.G.,Col.  Eighth  Ohio  Regt.  33,  39 


EARLY,  A.  A.,  Gen.,  rebel, 


75 


EDGAR,  GEORGE  P.,  Capt.    See  Fred- 

erickton,  Mo.,  493 

Eflwards's  Ferry,  Md.,  battle  of,  525 

rt  Ella  Warley,"  capture  of  the,  323 

ELLSWORTH,  G.  A.,  telegraphic  opera 
tions  of,  in  Morgan's  rebel  raids,  298 
England,  neutrality  of.     See  Baha 
mas,  336 
English  Law,  savage  cruelties  of,        713 
Enrolment,  act  for  enrolling  the  na 
tional  forces,  passed  Feb.  1363,     270 
Enrolment  Act  of  March  3, 1863,  the 

constitutionality  of,  736 

Europe,  secession  in,  460 

EVANS,  N.  G.,  Brig -Gen.,  report  of 
the  battle  of  James  Island,  S.  C.,  496 


Fair  Oaks,  battle  of.  See  McClellan's 

report,  505  et  8fQ. 

FICKEY,  FREDERICK,  Jr.,  169 

FISHEU,  GEORGE  P.,  373 

FLOYD,  JOHN  B.  Gen.,  rebel,  report  of 
the  battle  of  Carnifex  Ferry, 
Va.,  184 

supplemental  report  and   defence 
of  the  rapture  of  Fort  Donelson,  455 

FOOTE,  A.  H.,  Admiral,  report  of  the 

battle  of  Belmont,  Mo.,  216 

FORREST,  A.  B.,  Col.,  rebel,  report  of 

the  capture  of  Fort  Donelson,      419 

Fort  Donelson,  Tenn.,  rebel  reports 

of  the  capture  ot  414 

Fort  Henry,  Tenn.,  r^bel  reports  of 

the  bombardment  of,  403 

Fort  Huger,  Va.,  rebel  account  of  the 

gun-boat  tight  at,  350 

Fort  Jefferson,  the  saving  of,  23 

See  "  The  Keys  of  the  Gulf,"  216 

Fort  McAllister,  Ga.,  rebel  reports  of 

the  attack  on,  744 

Forts  Taylor  and  Jefferson,  how  they 
were  saved,  bv  Delavan  Blood- 
good,  23 

Fredericktown,  Mo.,  reports  of  the 

battle  at,  493 

,  J.  B.,  Major,  83 


Galveston,  Texas,  Com.  Alden's  re 
port  of  the  bombardment  of, 
Aug.  1SS1,  214 

r,  RICHARP  B.,  Gen.,  rebel, 
pursuit  of,  82 


GEDDES,  J.  L.,  Col.  Eighth  Iowa  Inf., 
report  of  the  battle  of  Pittsburgh 
Landing,  259 

Georgia  State  Railroad,   Pittenger's 

expedition  to  destroy  the,  279 

GFROLT,  Baron.     Sen  Prussia,  82 

GILBKRT,  C.  C.,  Gen.,  report  of  the 
operations  along  the  Louisville 
and  Nashville  Railroad,  662 

GILMER,  J.  F.,  report  of  the  rebel  op 
erations  at  Forts  Donelson  and 
Henry,  431 

GILMER,  JOHN  H.  See  Rebel  Con 
scription,  851 

Glendale,  Va.,  battle  of,  590 

Gen.  Heintzelman's  report  of  the 
battle  of,  274 

Glorietta,  N.  M.,Col.W.  R.  Scurry's 

report  of  the  battle  of,  475 

GOODLET,  S.  D.,  Col.,  rebel,  502 

GORTSCHAKOFF.     See  Russia,  81 

GRANT,  ULYSSES  S.,  Lieut.-Gen.,  no 
tice  of,  407 
his  terms  to  Gen.  Buckner,  431 

GREELEY,  HORACE,  correspondence 
with  President  Lincoln,  August, 
1S62,  480 

GREENE,  THOMAS,  Col.,  rebel,  report 

of  operations  in  New-Mexico,       468 

GREGG,  JOHN,  Col.,  rebel.  See  Fort 
Donelson,  455 

GRIDER,  H.,  873 

Guerrillas.    See  Rebel  Partisan  Ran 
gers,  350 
See  Rebel  Guerrilla  Warfare,  862 

H 

Habeas  Corpus,  735 

HAGOOD,  JOHNSON,  Col.,  rebel,  499 

HALL,  WM.  A.,  noticed,  873 

HALLECK,  H.  W.,  Gen. ;  McClellan's 

instructions  to,  528 

General  Order,  No.  3.  754 

letter  on  the  removal  of  Gen.  Mc- 
Clellan,  655 

HANSON,  ROGER  W  ,  Col.,  rebel.    See 

Fort  Donelson,  453 

HARDING,  AARON,  373 

HARNEY,  WILLIAM  S.,  Brig.-Gen., 
agreement  with  Gen.  Price, 
May,  1861,  107 

Harper's  Ferry,  Md.,  operations  at,    537 
surrender  of,  624,  753 

HARRIS,  IRA,  letter  from  C.  P.  Daly  to,    64 
See  McClellan's  report,  555 

Harrison's  Bar,  Va.,  McClellan's  re 
treat  to.  See  Report,  595 

HARVEY,  J.  E.,  minister  to  Portugal,    54 

Hawaii,  neutrality  proclamation  of,       80 

HEAD,  JOHN  W  ,  Col.,  rebel.  See  Fort 
Donelson,  452 

HEIMAN,   A.,   Col.,  rebel.    See  Fort 

Donelson,  449 

HEiNT7.Ei.MAN,  S.  P.,  Major-Gen.,  re 
port  of  the  battle  of  Glendale,  Va.,  274 
report  of  the   battle   of  Malvern 
Hill,  Va.,  277 

HENDERSON,  J.  B.,  reply  to  President 
Lincoln  on  the  Border  State 
question,  374 

HENRY  Gus.  A.,  Major,  rebel,  state 
ment  in  reference  to  the  capture 
of  Fort  Donelson,  420 

HILL,  CHARLES  W.,  Brig.-Gen.,  report 

of  his  pursuit  of  Gen.  Garuett,       82 

HITCHCOCK,  ROSWEI.L  D.,  D.D.,  25 

HOLT,  JOSEPH,  speech  at  Irving  Hall, 

New-York,  Sept.  10,  1861,  26 

Report  on  the  expedition  of  Wil 
liam  Pittenger  and  others,  to  de 
stroy  the  Georgia  State  Railroad,  279 

Huger,  Fort,  gunboat  fight  at,  rebel 
account,  350 

HUGHES,  JOHN,  Archbishop  of  New- 
York,  letter  to  Bishop  Lynch,  381 


IHCE,  P.  R.,  Lieut. -Col.,  rebel,  report 

of  operations  in  Virginia,  489 

iMnooKN,  J.  D.,  rebel,  757 

Indian  scouts  and  their  results,  re 
port  of  Gen.  Carleton,  744 


PAGl 

International     Spirit,     Rev.     J.    P. 

Thompson's  letter  on,  14 

IRVINE  J.,  Col.  Sixteenth  Ohio,        82,  39 


JACKSON,  CI.AIBORNE  F.,  rebel,  GOT.,  54 
JACKSON,  J.  g.,  87-i 

James  Island,  S.  C.,  rebel  reports  of 

the  battle  of,  494 

JAY,  JOHN,  notice  of,  25 

"  JefTerson  Davis,"  the  privateer,  ti5 
Jefferson,  Fort.  See  Fort  Jefferson,  23 
JOHNSON,  BRADLEY  T.,  notice  of,  175,  755 
JONES,  D.  R.,  Gen.,  rebel,  69 

JONES  ROGER  ST.,  753 

JONES,  THOMAS  M.,  Brig.-Gen.,  rebel, 
report  on  the  evacuation  of  Pen- 
sacola,  Fla.,  385 

JORDAN,  POWHATAN,  Capt,,  rebel,  re 
port  of  operations  in  New-Mexico,  474 
Judiciary.    See  Rebel  Judiciary,        409 

K 

KAMEHAMEIIA  IV.,   proclamation   of 

neutrality  of,  80 

Kentucky,  rebel  raids  in,  official  re- 

port'of  Gen.  John  H.  Morgan,      296 
Gen.    Buell's   report   of  the   cam 
paign  in  1862,  889 
Declaration  of  Independence  and 
ordinance  of  separation,  passed 
Nov.  20,  18)1,  164 
Secession  in,                                         Io4 

KEY,  JOHN  J.,  Major,  documents  re 
lating  to  the  dismissal  of,  477 

KEYF.S,  E.  D.,  Gen.,  letter  to  Senator 

Harris,  April  7,  18  2,  555 

KEYS,  JOHN,  Capt.,  report  on  pursuit 

of  Garnett,  39 

Knights  of  the  Golden  Circle,  the 
arrest  of,  110 


LADD,  LUTHER  C.,  notice  of,  413 

LAMAR,  J.  G.,  Col.,  report  of  the  bat 
tle  of  James  Island,  S.  C.,  497 

LAMISON.  CHARLES  N.,  Major,  37 

Lancaster,  Pa.,  address  to  the  people 
of,  Sept.,  1S62,  756 

LEARY,  C.  L.  L.,  373 

LEE,  ROBERT  E.,  address  to  the  peo 
ple  of  Maryland,  755 

LEE,  W.  H.,  Gen.     xSeePleasanton's 

Reconnoissance,  504 

Lee's  Mills,  Va.,  fight  at.     See  483 
See  McClellan's  report,  551 

LEVY,  WILLIAM  M.,  Col.,  rebel,  report 
operations  in  Virginia,  488 

LINCOLN  ABRAHAM,  criticised,  til 

Reply   to   the    Committee   of   the 

Lutheran  General  Synod,  252 

Message  in  reference  to  the  Confis 
cation  Bill,  July  .7,  !86  ,  260 
Appeal  to  the  Border  States,  July 

J-,  186  ,_  3C8 

Papers  relating  to  the  dismissal  of 

Major  John  J.  Key,  47T 

Correspondence  with  Horace  Gree- 

ley,  480 

See  McClellan's  report,  505, 5-3 

LIVSEY,   T.,   Mayor  of   Manchester, 

Eng.,  1 

London    Times,  opinion  of  Bright's 

speech  of  Dec.  4,  i861,  12 

LONGSTREET  JAMES,  Gen.,  rebel,  69 

Louisville  and  Nashville  Railroad, 
Gen.  Gilbert's  report  of  opera 
tions  along  the,  6«2 

L'OUVERTUHE,  TOCSSAINT,  notice  of,     703 

Lutheran    Church    of    the    United 

States,  resolutions  of  the,  252 

LTNCH,  P.  N.,  D.D.,  Bishop  of 
Charleston,  S.  C.,  letter  to  Arch 
bishop  Hughes,  371 

M 

MAGRUDER.  J.  B.,  Major-Gen.,  rebel, 
report  of  his  operations  on  the 
Virginia  Peninsula,  483 


INDEX  TO  SUPPLEMENT— FIRST  VOLUME. 


MALLORY,  R.,  a?3 

Malvern  Hill,  Va.,  Cologne  Gazette 

account  of  the  battle  of,  245 

See  Seven  Days'  Contests. 
Gen.   Heintzelman's  report  of  the 

battle  of,  277 

Col.  Averill's   reconnoissance  to, 

August  4, 18~2,  599 

Manassas,  Va.,  Beauregard's  report 

of  the  battle  of,  July  21,  1861,        68 
MANN,  A.  DUDLEY.    See  Rebel  Com 
missioners,  461 
MARSHALL,  CHARLES  H.,  25 
MARSHALL,  D.  W.,  Adjutant,  report 

on  the  pursuit  of  Garnett,  40 

Martial  Law,Alexander  H.  Stephens's 

letter  on,  675 

the  law  of  war,  7'25 

foundation  of,  725,  731 

territorial  extent  of,  735 

Maryland,  address  of  the  Union  State 

Central  Committee  of,  Oct.  1861,  165 
The   history  of   secession  in,   by 

Henry  Winter  Davis,  178 

Act  of  the  State  of,  to  relieve  the 
families  of  those  persons  who  fell 
in  the  passage  of  the  Massachu 
setts  troops  through  Baltimore, 
April,  1861,  411 

Invasion  of,  in  1862,  755 

Maryland  Heights,Md., occupation  of,  638 
MASON,  CHARLES,  hung  as  a  spy,          661 
MASON,  J.  M.  See  Slidell  and  Mason. 
Massachusetts,   proceedings   of   the 
Legislature  of,  upon  the  Act  of 
the  Maryland  Legislature,appro- 
priating  money  for  the  relief  of 
the  families  of  the  Sixth  Regt.  of 
Mass.,  411 

Catholics  in  the  regiments  of,    See 

John  A.  Andrew,  2"4 

MAYER,  BRANTZ,  169 

MAYNARD,  HORACE,  reply  to  Presi 
dent  Lincoln,  on  the  Border 
States  question,  373 

MCCALL,  GEORGE  B.,  Gen.  See  Army 

of  the  Potomac,  505,  583 

Report  of  the  Seven  Days'  Contest,  663 
MCCADSLAND,  JOHN,  Col.,  rebel,  re 
port  of  the  capture  of  Fart  Don- 
elson,  436 

MCCLELLAN,  GEORGE  B.,  Major-Gen., 

at  Roaring  Run,  Western  Va.,        33 
See  Western  Va. 

criticised,  40 

report  in  reference  to  the  occupa 
tion  of  the  White  House,  Va.,       356 
report  of  the  Army   of  the  Poto 
mac,  while  under  his  command,  505 
some  of  the  causes  of  the  removal 

of,  655 

See  Seven  Days'  Contest.  245 

See  Yorktown. 
See  Gen.  Wm.  F.  Barry. 
See  Glendale,  Va. 

McCuLLOdi,  BEN.,  report  on  raising 
troops  for  the   State  of  Texas. 
See  Texas  Treason  of  Twiggs,        118 
MCENERY,  J.,  Lieut. -Col.,  rebel,  report 

of  the  battle  of  James  Island,        502 
McGiNNis  T.,  Adjutant,  rebel.    See 

Fort  Donelson,  451 

MCKAYE,  JAMES,  "  Birth  and  Death  of 

Nations,"  by,  56 

MCLAWS,  T.,  Brig.-Gen.,  rebel,  report 

of  operations  in  Virginia,  487 

MEADE,  G.  G.,  Major-Gen.  See  Army 

of  the  Potomac,  505,  583 

See  Gen.  George  A.  McCall,  661 

Mechanicsville,  Va.,  battle  of,  583 

MEIGS,  M.  C.,  Quartermaster  General,  '.'3 
MKNZIES,  J.  W.,  373 

MERVINE,  WILLIAM,  Flag-Officer,          215 
Military   Arrests    in  Time  of   War, 

by  William  Whiting,  728 

Military  Commanders,   powers  and 

responsibilities  of,  725 

MILL,  JOHN  STUART,  The  Contest  in 

America,  by,  217 

Missouri,  agreement  between  Gene 
rals  Harney  and  Price,  Mfhr 
1881,  107 

report  of  the  national  operations 


PAGB 

in,  for  the  year  ending  Nov.  30 
1862,  327 

See  Charles  D.  Drake. 
See  Isaac  N.  Shambaugh. 
MITCHEL,  0.  M.,  Major-Gen.,  expedi 
tion  into  Georgia,  279 
MORGAN,  JOHN  H.,  Gen.,  rebel,  report 

of  his  raids  into  Kentucky,          296 
Mormons,  indemnity  to,  689 

MORTON,    THOMAS,    Col.    Twentieth 

Ohio,  33,  36 

MURRAY,  T.  B.,  753 

MYERS,  H.  A.,  Lieut.,  88 


NEEDHAM,  SUMNER  H.,  notice  of,         413 
Negroes,  reports  of  the  condition  of, 
at  Port  Royal,  by   Edward   L. 
Pierce,  302,  315 

See  Slavery  and  Slaves. 
Nelson's  Farm,  Va.,  battle  of,  590 

See  Gen.  S.  P.  Heintzelman,  274 

NESBITT,  C.  R.,  Colonial  Secretary  of 

the  Bahamas,  337 

Neutrality,  Hawaiian    proclamation 

of,  80 

United  States  and  Russia,  81 

Proclamation  of    the    Queen    of 

Spain,  82 

United  States  and  Prussia,  82 

English  Proclamation  for  the  Ba 
hamas,  336 
New-Hampshire    Volunteers,     Col. 
Cross's  report  of  the  operations 
of  the  Fifth  Regiment  of,  886 
New-Jersey,  Peace  Resolutions  pass 
ed  March  18,  1863,  679 
protest  of  the  soldiers  of,  against 

the  Peace  Resolutions,  681 

Newmarket  Cross-Roads,  Va.,  Gen. 

McCall's  report  of  the  battle  of,     667 
New-Mexico,  organization  of  the  mi 
litia  in,  170 
address  of  M.  Otero  to  the  people 

of,  212 

reports  of  rebel  operations  in,          465 
New-York  Young  Men's  Republican 
Union,  Sumner's  speech  before 
the,  42 

New-Orleans,  La.,  occupation  of,         758 
NOELL,  JOHN  W.,  8:3 

Norfolk,  Va.,  Gen.  Viele's  letter  on 

the  repossession  of,  677 

North-Carolina,  Quakers  in,  752 

NORTHEND,   WILLIAM  D.,   speech  in 
Massachusetts  Senate,  April  28, 


1S62 


412 


NOYES,  WILLIAM  CURTIS,  speech  at  Ir 
ving  Hall,  New- York,  September 
10,  1861, 


Ohio  Volunteers.  Fifth  Regiment  of,  35 

Eight  Regiment  of,  33 

Fifteenth  Regiment  of,  83 

Sixteenth  Regiment  of,  82 

in  Western  Virginia  campaign,  33 

OTEY,  PETER,  Assist.  Adj't-General,. 

rebel,  459 


PAGAN,  J.  T.,  Mayor  of  Rochdale, 
Eng.,  1 

PAINE,  HALBERT  E.,  Col.,reply  to  John 
C.  Breckinridge,  on  black  flags,  410 

PALMER,  B.  M.,  Rev.  Dr.,  of  New-Or 
leans,  opinion  of  slavery,  59 

PALMER,  JOSEPH  B.,  Col.,  rebel. 
See  Fort  Donelson,  445 

PARR,  JAMES  L.,  169 

PARROTT,  JACOB.  See  William  Pit- 
tenger,  279 

Partisan  Rangers,  rebel,  Act  author 
izing  the,  350 

Peace.    See  New-Jersey,  679 

PEMBERTON,  J.  C.,  Major-Gen., report 
of  the  battle  of  James  Island, 
S.  C.t  494 


PAGM 

Pennsylvania  Reserves.  See  General 
McCall's  report,  663 

Pensacola,  Fla.,  rebel  report  of  the 
evacuation  of,  384 

PERIT,  PELATIAH,  25 

"Personal  Liberty  Laws,"  letter 
from  Charles  D.  Drake  on  the,  185 

PETIGRU,  J.  L.,  Judge,  speech  of,  at 
the  opening  of  the  first  rebel 
court  held  in  Charleston,  409 

PHELPS,  JOHN  S.,  873 

PIERCE,  EDWARD  L.,  reports  on  the 
condition  of  the  negroes  at  Port 
Royal,  S.  C.,  302,  315 

PILLOW,  GIDEON  J.,  General,  rebel, 
report  of  the  capture  of  Fort 
Donelson,  Tenn.,  414 

Pirates.    See  Privateering,  64 

See  Charles  P.  Daly,  64 

PITTENGER,  WILLIAM,  Corporal,  expe 
dition  of,  into  Georgia,  279 

Pittsburgh   Landing   reports  of  the 

battle  of,  25T 

Beauregard's  orders  on  the  move 
ment  of  the  troops  at  the  battle 
of,  473 

PLEASANTON,  Alfred,  General,  recon 
noissance  of,  October,  1862,  504 

PLUMMER,  J.  B.,  Col.  Eleventh  Mis 
souri  Vols.,  493 

POLK,  LEONIDAS,  Major-Gen.,  report 
of  the  evacuation  of  Columbus,  477 

POPE,  JOHN,  Major-Gen.,  Jeff  Davis's 

letter  on  the  order  of,  359 

his    campaign    in  Virginia.     See 

McClellan's  report,  617 

Notice  of,  657 

PORTER,  FITZ-JOHN,  Major-Gen.,  617 

Port  Royal,  S.  C.,  rebel  reports  of  the 

capture  of,  192 

rebel  casualties  in,  196 

reports  on  the  condition  of  negroes 
at,  302, 315 

Portugal,  declaration  of,  in  reference 

to  privateering,  54 

POTTER,  ELISHA  R.,  speech  in  the  Sen 
ate  of  Rhode  Island,  August  10, 
1861,  187 

PRENTISS,  B.  M.,  Gen.,  report  of  the 
battle  of  Pittsburgh  Landing,  257 

PRESTON,  JOHN  S.,  speech  of,  in  the 
Virginia  Convention,  February 
19,  1861,  156 

PRICE,  STERLING,  Gen.,  rebel,  agree 
ment  with  Gen.  Harney,  May, 
1861,  107 

PRICE,  THOMAS  L.,  b73 

Prisoners,  Bancroft's  letter  on  the  ex 
change  of,  90 

Privateering,  Portuguese  declaration 

in  reference  to,  54 

See  Charles  P.  Daly. 

Protestant  Episcopal  Church,  Pas 
toral  letter  from  the  bishops  in 
the  confederate  States  to  clergy 
and  laity,  November  22,  1862,  252 

Prussia,  neutrality  of,  82 

PYRON,  C.  S.,  Major,  rebel,  report  of 
operations  in  New-Mexico, 

Quakers,  rebel  imprisonment  of,         752 


RADFORD, ,  Col.  Sixth  Virginia 

Regiment,  rebel,  75 

RAGNET,  HENRY  W.,  Major,  rebel,  re 
port  of  operations  in  New-Mex 
ico,  472 

RAMSAY,  DAVID,  Major,  rebel,  499 

RANDOLPH,  GEORGE  W.,  rebel  Secre 
tary  of  War,  letter  on  guerrilla 
warfare,  363 

Rappahannock  River,  account  of  the 

fight  on,  August,  1862,  656 

rebel  account  of  the  fight  on,  660 

Rebel  Commissioners,  correspond 
ence  with  Earl  Russell,  460 

Rebel  Congress,  Jeff  Davis's  Message 
to,  August  12,  1862,  3?>2 

Rebel  Conscription,  petition  against,  351 

Rebel  guerrilla  warfare,  official  cor- 
resdondence  relating  to,  362,  758 


CONTENTS  TO  SUPPLEMENT— FIRST  VOLUME. 


Rebel  Judiciary.    See  Judge  J.  L. 
Petigru,  409 

Rebel  Partisan  Rangers,  350 

Rebel  raids.    See  John  H.  Morgan,    299 

Reconstruction  of  the  Union,  739 

REDDICK,  WILLIAM.    See  William  Pit- 
tenger,  279 

Retaliation,  rebel  documents  in  re 
ference  to,  G59 

Rhode  Island,  speech  of  Elisha  R. 

Potter  in  the  Senate  of,  187 

RITCHIE, ,  Editor  "  Richmond  In 
quirer,"  opinion  of  Secession,      227 

ROBERTS,  0.  M.,  President  of  Texas 
Convention,  111 

ROLLINS,  JAMES  S.,  878 

ROST,  P.  A.    See  Rebel  Commission 
ers,  460 

RUSSELL,  LORD  JOHN,  notice  of,  6 

correspondence  with  the  rebel  Com 
missioners,  460,  464 

Russia,  neutrality  of,  81 


Savage's  Station,  Va.,  battle  of.  589 

SCHLEINITZ,  Baron.    See  Prussia,          82 
SCHOFIELD,  J.  M.,  General,  report  on 
operations  in  Missouri  and  Ar 
kansas  for  the  year  ending  1S62,   327 
SCHURZ,  CARL,  speech  at  New- York. 

March  b,  1862,  203 

notice  of,  656 

SCOTT,  WINFIELD,  Lieut.-General,          11 
SCURRY,  W.  R.,  Col.,  rebel,  report  of 

operations  in  New-Mexico,  471 

report  of  battle  of  Glorietta,  N.  M.,  475 
Secession.  See  Southern  Rights  Asso 
ciation,  197 
in  New-Mexico,  212 
See  Texas. 

See  Joseph  Segar,  227 

SEGAR,  JOSEPH,  letter  to  a  friend  in 
Virginia,  in  vindication  of  his 
course  in  declining  to  follow  his 
State  into  secession,  225 

SEIDENSTRICKER,  JOHN  B.,  169 

Sequestration,  Act  for  the  sequestra 
tion  of  the  property  of  alien  ene 
mies  in  the  South,  213 
See  Confederate  Sequestration. 
Seven  Days'  Contest.    See  McClel 
lan's  report,  505 
Gen.  McCall's  report  of  the,     663,  245 
Seven  Pines,  battle  of.    See  McClel- 

lan's  report,  605,  580 

SEWARD,  WILLIAM  H.,  notice  of,  11 

letter  to  the  Russian  Envoy,  Sep 
tember  7, 1861,  81 
SHAMBAUGH,  ISAAC  N.,  address  to  the 

people  of  DeKalb  County,  Mo.,       54 
SHERMAN,  T.  W.,  Gen.,  McClellan's 

instructions  to,  530 

Shiloh,  the  battle  of.    See  Pittsburgh 

Landing,  257 

SHORTER,  JOHN  GILL,  Governor  of  Ala 
bama,  proclamations  of  March  1 
and  ti,  1862,  243 

SIBLEY,  H.  F.,  Brig. -Gen.,  rebel,  re 
port  of  operations  in  New-Mex 
ico,  465 
Slaves,  the  value  of,  234 
war   power  of  the  President   to 

emancipate,  702 

liberation  of  an  enemy's,  a  belliger 
ent  right,  702 
See  Slavery. 

Slavery.    See  Southern  civilization,    355 
Congress  may  interfere  against,  in 
ta«  &**»,  721 


PACK 

Dr.  B.  M.  Palmer's  opinion  of,  59 

SLIDELL  and  MASON,  1 

SLIDELL,  JOHN.  See  Slidell  and  Mason. 
SMITH,  E.  KIRBY,  Major-Gen.,  rebel,  296 
SMITH,  JOB,  170 

SMITH,  WILLIAM  S.,  Col.,   report  of 

the  battle  of  Shiloh,  260 

Southern  Civilization.    See  Collier's 

joint  resolution,  855 

Southern  Rights  Association,  min 
utes  of  the  proceedings  of  the, 
Oct.  1850,  197 

Constitution  of  the,  197,198 

List  of  members  of  the,  202 

Spain,  neutrality  of,  82 

SPKNCER,  NATHAN  F.,  753 

SPRAGUE,  J.  T.,  Gen.,  paper  on  the 

Texas  treason,  109 

STANLEY,  M.,  Capt.,  rebel,  report  of 

operations  in  Virginia.  492 

STANLEY,  T.  R.,  Col.  Eighteenth  Ohio,    85 
STANTON,  EDWIN  M.,  report  of  the 
operations  of  the  National  ar 
mies  for  1862,  894 
notice  of,  505 
St.  Helena,   S.   C.,  Southern  Rights 

Association  of,  197 

STEINWEHR,  A.  VON,  Brig.-Gen.,          859 
STEPHENS,  ALEXANDER  H.,  letter  on 
martial  law  and  military  usurpa 
tion,  675 
STERXBERG,  L.,  Rev.    See  Lutheran 

Church,  252 

STEVENS,  C.  H.,  Col.,  rebel,  report  of 

the  battle  of  James  Island,  500 

STONE,  C.  P., Gen.,  at  Edwards's  Ferry,  525 
STREIGHT,  A.  D.,  Col.,  Briedenthal's 

journal  of  the  expedition  of,         337 
STUART,  D.,  Col.,  report  of  the  battle 

of  Shiloh,  262 

STUART,  J.  E.  B.,  Gen.,  rebel,  77 

SUMNER,  CHARLES,  the  rebellion — its 

origin  and  mainspring,  42 

SIMONTON,  CHARLES  H.,  Lieut.-Col., 
report  of  the  battle  of  James 
Island,  S.  C.,  501 


Taylor,  Fort.    See  Fort  Taylor,  23 

TEEL,  T.  T.,  Oapt.,  rebel,  report  of 
operations  in  New-Mexico,  474 

Telegraph,  rebel  operator  Ellsworth's 
feats  with  the,  298 

Texas,  the  treason  of  Twiggs,  a  paper 
by  Major  J.  T.  Sprague,  109 

Texas   Committee  of  Public  Safety, 

action  of,  112 

property  surrendered  at,  120 

THAYEK,  JOHN  M.,  Col.  First  Nebras 
ka,  report  of  the  battle  of  Shiloh,  261 

"  The  Keys  of  the  Gulf,"  a  letter  from 
Com.  Mervine,  216 

The  Rebellion,  its  Origin  and  Main 
spring,  by  Charles  Sumner,  42 

The  Seven  Days1  Contests,  "  Cologne 
Gazette  "  account,  245 

The  War  Powers  of  the  President,  by 
William  Whiting,  681 

THOMAS,  FRANCIS,  873 

THOMPSON,  JOSEPH  P.,  D.D.,  letter  to 
Richard  Cobden,  Jan.  7,  1862,  14 

TILGHMAN,  LLOYD,  Brig.-Gen.,  rebel, 
report  of  the  bombardment  of 
Fort  Henry,  403 

TOOMBS,  ROBERT,  speech  before  the 
Legislature  of  Georgia,  Nov.  I860, 362 

Treason,  statutes  against,  715 

Tunihiumock,  Pa.,  Daniel  S.  Dickin 
son's  speech  at,  83 


PAQB 

TWIGGS,  DAVID  E.,  Gen.,  rebel.    Set 
Texas,  109 

U 

"  Unconditional    Surrender."      Set 

Grant's  terms  to  Buckner,  431 

United  States,  international  spirit  of,     14 
United  States  Army,  Secretary  Stan- 
ton's  report  of  the  operations  of 
the,  in  1862,  894 


Valverde,  N.  M.,  rebel  reports  of  the 

battle  at,  471,471 

VIELK,  EGBERT  L.,  Gen.,  letter  on  the 

repossession  of  Norfolk,  Va.,         677 
VINTON,  D.  H.,  Major.     See  Texas,      12S 
Virginia,  campaign  in.  See  Glendale,  274 
See  Malvern  Hill,  277 

McClellan's  Campaign  in  the  Pe 
ninsula  of,  245 
rebel  operations  in,                           483 
Virginia  State  Convention,  John  S. 
Preston's  speech  in  the,  Feb.  19, 
1861,  156 
John  S.  Carlisle's  speech  in  the,         92 
Fulton  Anderson's  speech  in  the  142 
Henry  L.  Benning's  speech  in  the, 

Feb.  18,  1861,  148 

Virginia.   See  Col.  Edward  E.  Cross,  386 

See  Gen.  McClellan's  Report,"  505,  556 

See  Seven  Days'  Contest,  505 


War,  military  arrests  in  time  of,         723 
effect  of,  upon  courts,  726 

War  powers  of  the  President,  681 

WASHINGTON,  GEORGE,  Gen.,  opinion 

on  the  exchange  of  prisoners,        91 
WEBSTER,  EDWARD  H.,  373 

WELLES,  GIDEON,  323 

Western  Virginia,  MeClellan's  cam 
paign  in,  83 
West-Virginia,  Guerillas  in,                  757 
WETMORE,  PROSPER  M.,  25 
WHARTON,  G.  C.,  Col.    See  Fort  Don- 

elson,  435 

White  House,  Va.,  Gen.  McClellan's 
report  in  reference  to  the  occu 
pation  of,  356 
WAITING,  SAMUEL,  Capt.,  24 
WHITING,  WILLIAM,  Solicitor  of  the 

War  Dept.  of  the  United  States,  681 
war  powers  of  the  President,  by,  681 
military  arrests  in  time  of  war,  723 
reconstruction  of  the  Union,  739 

WHITTLESKY,  CHARLES,  Col.,  82 

WHITNEY,  ADDISON  O.,  notice  of,  413 
WICKLIFFE,  C.  A.  See  Border  States,  868 
WILLEY,  W.  F.,  873 

WILLIAMS,  S.,  Asst.  Adjt.-Gen.,  83 

WILSON,  GEORGE,  1 

WILSON  R.,  868 

WITHERS,  JOHN,  A.  A.  Gen.,  rebel,      197 
WRIGHT,  G.,  Brig.-Gen.,  order  in  ref 
erence  to  confiscation,  335 
WYLLIE,  R.  C.    See  Hawaii. 
Wynne's  Mill,  Va.,  fight  at,                484 


YANCEY,  W.  L.     See  rebel  commis 
sioners,  460 
Yorktown,  Va.,  Gen.  Barry's  Report 

of  artillery  operations  at,  264 

the  siege  <Jf.    See  J.  B.  Magruder,  438 
See  McClellan's  Report,  605 


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